HRS 0386-0073 ANNOTATIONS

Appeal, see chapter 91.

Appeal to supreme court, stay, see Hawaii Rules of Appellate Procedure.

This section and §386-88 supersede §91-14 and remove the circuit court from the appellate process with regard to proceedings brought under chapter 386. 53 H. 640, 500 P.2d 746.

"Independent system of legal relations" in this chapter debars declaratory relief under chapter 632. 64 H. 380, 641 P.2d 1333.

Section does not deprive circuit court of subject matter jurisdiction over common law tort claims not based on the original work injury. 83 H. 457, 927 P.2d 858.

Where claimant's common law tort claims against employer's insurer did not arise under this chapter, director did not have original jurisdiction under this section. 83 H. 457, 927 P.2d 858.

Where claimant's complaint raised a "controversy or dispute under this chapter" over which the director had original jurisdiction, summary judgment properly granted by circuit court as court was without jurisdiction over claim. 83 H. 457, 927 P.2d 858.

A settlement or compromise of future workers' compensation benefits constitutes a controversy or dispute within the original jurisdiction of the director of labor and industrial relations under this section. 90 H. 152, 977 P.2d 160.

Under §386-8, this section, and Hawaii administrative rule §12-10-31, a settlement or compromise of future workers' compensation benefits cannot be valid or binding without the consent or approval of the director of labor and industrial relations. 90 H. 152, 977 P.2d 160.

Where plaintiff's claims did not arise under this chapter, the exclusive remedy and original jurisdiction provisions in the workers' compensation statute did not apply, and where plaintiff's claims for relief of tortious conduct on the part of workers' compensation insurer were not within the original jurisdiction of the labor director, trial court erred in granting summary judgment on that basis. 90 H. 407, 978 P.2d 845.

Cited: 24 H. 731, 736.