HRS 0386-0082 ANNOTATIONS

Statute of limitations for asserting claim starts from discovery of injury or illness. 50 H. 1, 427 P.2d 845.

Condition which causes no loss of function and having no treatment should not be considered an injury. 71 H. 269, 788 P.2d 170.

No lawful claim for workers’ compensation benefits were filed with the director where employer’s filing of "WC-1" form did not constitute a claim for workers’ compensation benefits on employee’s behalf and no evidence that employer had been "duly empowered to act" on injured employee’s behalf. 89 H. 411, 974 P.2d 51.

Under this section, the two-year statute of limitations for the filing of a workers' compensation claim begins to run when the claimant, as a reasonable person, should recognize the nature, seriousness, and probable compensable character of claimant's injury or disease. 93 H. 8, 994 P.2d 1054.

In order to identify the "date of injury" required by the department of labor in connection with the filing of a workers' compensation claim under this section, a claimant in a case arising under the "injury-by-disease" prong of §386-3 may rely upon the last day of employment as the "date of disability", but this "date of disability" may also be the date of diagnosis of the disabling condition. 94 H. 70, 9 P.3d 382.

Tolling of limitation period. 2 H. App. 136, 627 P.2d 288.

The two-year limitation period begins at a point where the employee's injury has had a disabling effect that prevents employee from working. 2 H. App. 157, 628 P.2d 205.

Cited: 24 H. 97, 101; 24 H. 731, 738.