HRS 0386- ANNOTATIONS

Chapter heading amended by L 1975, c 41, §41.

This chapter is based on L 1963, c 116, which completely revised and reenacted this chapter. See also L 1975, c 41, §1.

For prior legislative history see: Chapter 97 in RLH 1955, vol 1; L 1957, cc 55, 78, 80, 81, 133, 134, 214, 215, and 216; L 1959, cc 48, 78, 185, 240, and 241; L 1961, cc 3, 5, 99, 115, and 152.

Hawaii employers' mutual insurance company, see §§431:14A-101 to 119.

Leave sharing program, see §79-33.

Absent explicit inclusion, hanai children were not entitled to statutory benefits under workers' compensation laws. Att. Gen. Op. 93-1.

Neither the disability compensation division (DCD) nor the labor and industrial relations appeals board (LIRAB) is an "entity" for purposes of chapter 323C when it reviews, evaluates, and decides on claims for workers’ compensation; some provisions of chapter 323C apply to each in its adjudicatory capacity because the DCD and the LIRAB receive protected health information when they process workers’ compensation claims. Att. Gen. Op. 2000-2.

Commentary on Selected Employment and Labor Law Decisions Under the Lum Court. 14 UH L. Rev. 423.

Sexual Harassment in the Workplace: Remedies Available to Victims in Hawai`i. 15 UH L. Rev. 453.

Plaintiff failed to exhaust the administrative remedies provided to plaintiff by this chapter; prior to filing a separate suit for bad faith denial of benefits or payments, plaintiff must first exhaust all available administrative remedies before the department of labor and industrial relations, disability compensation division. 28 F. Supp. 2d 588.

Exclusive remedy for assault and battery suffered during work. 634 F. Supp. 684.

Workers' compensation law is constitutional. 71 H. 358, 791 P.2d 1257.

Appeals board correctly determined that consequent medical expenses attributable to claimant's non-industrial motor vehicle accident were not covered by this chapter. 77 H. 152, 883 P.2d 73.

Claimant not precluded by exclusivity provision of §386-5 from seeking common law tort remedies against employer's insurer where injuries allegedly caused by insurer's denial of medical benefits and disability payments not "work injuries" within scope of this chapter. 83 H. 457, 927 P.2d 858.