Part I. General Provisions

Section

386-1 Definitions

386-2 Definitions relating to family relationships

386-3 Injuries covered

386-3.5 Negotiation for benefit coverage

386-4 Voluntary coverage

386-5 Exclusiveness of right to compensation; exception

386-6 Territorial applicability

386-7 Interstate and foreign commerce and maritime

employment

386-8 Liability of third person

386-8.5 Limits of third party liability

386-9 Contracting out forbidden

386-10 Out of state employers

Part II. Compensation

A. Medical and Rehabilitation Benefits

386-21 Medical care, services, and supplies

386-21.5 Publication of fees by prepaid health care plan

contractors

386-22 Artificial member and other aids

386-23 Services of attendant

386-23.5 Services of attendant, allowance adjustments

386-23.6 Weekly benefit adjustments for recipients of services

of attendants

386-24 Medical rehabilitation

386-25 Vocational rehabilitation

386-26 Guidelines on frequency of treatment and reasonable

utilization of health care and services

386-27 Qualification and duties of health care providers

B. Income and Indemnity Benefits

1. Disability

386-31 Total disability

386-32 Partial disability

386-33 Subsequent injuries that would increase disability

386-34 Payment after death

386-35 Benefit adjustment

2. Death

386-41 Entitlement to and rate of compensation

386-42 Dependents

386-43 Duration of dependents' weekly benefits

386-44 Effect of erroneous payment; insanity of beneficiary

3. Provisions Common to Benefits for

Disability and Death

386-51 Computation of average weekly wages

386-51.5 Limited liability in concurrent employment

386-52 Credit for voluntary payments and supplies in kind

386-53 Nonweekly periodic payments

386-54 Commutation of periodic payments

386-55 Trustee in case of lump sum payments

386-56 Payment from the special compensation fund in case of

default

386-57 Legal status of right to compensation and compensation

payments

Part III. Administration

386-71 Duties and powers of the director in general

386-71.5 Rehabilitation unit

386-71.6 Workers' compensation benefits facilitator unit

386-72 Rulemaking powers

386-73 Original jurisdiction over controversies

386-73.5 Proceedings to determine employment and coverage

386-74 to 77 Repealed

386-78 Compromise

386-79 Medical examination by employer's physician

386-80 Examination by impartial physician

386-81 Notice of injury; waiver

386-82 Claim for compensation; limitation of time

386-83 When claim within specified time is unnecessary or

waived

386-84 Limitation of time with respect to minors and mentally

incompetent

386-85 Presumptions

386-86 Proceedings upon claim; hearings

386-87 Appeals to appellate board

386-87.1 Standing to intervene in appeals

386-88 Judicial review

386-89 Reopening of cases; continuing jurisdiction of

director

386-90 Conforming prior decisions on appeal

386-91 Enforcement of decisions awarding compensation;

judgment rendered thereon

386-92 Default in payments of compensation, penalty

386-93 Costs

386-94 Attorneys, physicians, other health care providers,

and other fees

386-95 Reports of injuries, other reports, penalty

386-96 Reports of physicians, surgeons, and hospitals

386-97 Inspections

386-97.5 Penalties

386-98 Fraud violations and penalties

386-99 Posting of information

386-100 Deductible option for medical benefits in insurance

policy

Part IV. Security for Compensation; Employment

Rights of Injured Employees; Funds

A. Security for Compensation

386-121 Security for payment of compensation; misdemeanor

386-122 Notice of insurance

386-123 Failure to give security for compensation; penalty;

injunction

386-124 The insurance contract

386-124.5 Insurer's requirements; failure to maintain claims

service office; penalty; injunction

386-125 Knowledge of employer imputed to insurance carrier

386-126 Insolvency of employer not to release insurance

carrier

386-127 Cancellation of insurance contracts

386-128 Insurance by the State, counties, and municipalities

386-129 Employees not to pay for insurance; penalty

B. Employment Rights of Injured Employees

386-141 Repealed

386-142 Employment rights of injured employees

C. Special Compensation Fund

386-151 Special compensation fund established and maintained

386-152 Levy and charges to finance special compensation fund

386-153 Levy on insurers of employers insured under section

386-121(a)(1)

386-154 Charge against employers not insured under section

386-121(a)(1)

386-154.5 Special assessments

386-155 Expenses

Part V. Applicability to Hawaii Guard, Volunteer

Personnel and Public Board Members

A. Hawaii Guard

386-161 Who entitled to compensation

386-162 Terms defined

386-163 Administration

386-164 Appropriation

B. Volunteer Personnel

386-171 Volunteer personnel, medical, etc., expenses

386-172 Administration and procedure

386-173 Time for giving notice, etc.

386-174 Appropriation

C. Public Board Members, Reserve Police Officers,

Police Chaplains, Volunteer Firefighters, Volunteer

Boating Enforcement Officers, and Volunteer

Conservation and Resources Enforcement Officers

386-181 Generally

Part VI. Self-Insurance Groups

386-191 Scope

386-192 Definitions

386-193 Authority to act as workers' compensation

self-insurance group

386-194 Qualifications for initial approval and continued

authority to act as a workers' compensation

self-insurance group

386-195 Certificate of approval; termination

386-196 Examinations

386-197 Board of trustees; membership, powers, duties, and

prohibitions

386-198 Group membership; termination, liability

386-199 Service companies

386-200 Licensing of producer

386-201 Financial statements and other reports

386-202 Misrepresentation prohibited

386-203 Investments

386-204 Rates and reporting of rates

386-205 Refunds

386-206 Premium payment; reserves

386-207 Deficits and insolvencies

386-208 Guaranty mechanism

386-209 Monetary penalties

386-210 Cease and desist orders

386-211 Revocation of certificate of approval

386-212 Notice and hearing

386-213 Rules

386-214 Severability

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.