HRS 0386-0089 ANNOTATIONS

Administering Justice or Just Administration: The Hawaii Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271.

Constitutional. 24 H. 97.

Departure of alien dependent widow from U.S. constitutes a "change of condition" and board might modify its former award accordingly to take effect from date of departure subject to maximum and minimum amount of death benefit. 27 H. 431.

The presumptions contained in §386-85 apply to a reopening proceeding under subsection (c). 56 H. 552, 545 P.2d 692.

On review, claimant is entitled to the same presumption claimant is entitled to under §386-85. 57 H. 535, 560 P.2d 1292.

Request for reopening of case must be supported by showing of substantial evidence. 57 H. 535, 560 P.2d 1292.

Fair construction of subsection (c) would only prevent reopening when claim for periodic benefits has been "completely 'lump summed' out". 65 H. 415, 653 P.2d 420.

A motion to reopen a case for newly discovered evidence pursuant to subsection (a) tolls the twenty-day period within which a claimant must appeal the department's decision under §386-87. 85 H. 275, 942 P.2d 539.

The ten-year limitation provision in subsection (c) is not applicable to an application not based on a change in fact, or on a mistake in a determination of fact, relating to the physical condition of the claimant. 2 H. App. 136, 627 P.2d 288.

Where payments commuted under section 386-54, liability for compensation has been discharged even when there is a continuing obligation for medical services. 3 H. App. 41, 641 P.2d 327.

Cited: 24 H. 731, 735; 27 H. 476, 485; 31 H. 814, 816; 31 H. 672, 673; 32 H. 920, 926.