Hawaii Administrative Code

Notes Haw. Code R. § 12-10-65 Eff: 4/30/81; am 2/11/91; R 2/28/11

Notes Haw. Code R. § 12-10-66 Eff: 4/30/81; am 11/29/85; am 12/8/94; R 2/28/11

A subpoenaed witness shall be entitled to the same witness fee as in the case of a witness subpoenaed to testify before the circuit court. Notes Haw. Code R. § 12-10-67 [Eff: 4/30/81] (Auth: HRS § 386-72) (Imp: HRS § 91-2)

(a) Each employer shall post and maintain in places readily accessible to employees a printed statement, "Notice to Employees", issued by the director. (b) Every employer shall furnish within three working days of notice of the injury to each injured employee a copy of the brochu…

(a) Within ten calendar days following the filing of a final decision and order or upon the filing of a stipulation and settlement agreement, attorneys seeking approval of fees and costs claims pursuant to section 386-94, HRS, shall file with the department a request for approval…

All penalties and fines authorized by chapter 386 may be assessed by the director. The assessments shall be paid into the special compensation fund established under section 386-151, HRS. Notes Haw. Code R. § 12-10-70 [Eff: 12/17/82] (Auth: HRS § 386-72) (Imp: HRS §§ 386-31, 386-…

All documents, correspondence, or other material filed with the director shall include as part of the heading: (1) The injured employee's full name; (2) Department's case number; (3) Date of accident; (4) Name of the employer in whose employ the injury occurred; and (5) If applic…

(a) All hearing notices shall be mailed to the last known address on record of the injured employee and the employer or the insurer or the adjuster of the employer. All parties shall notify the department in writing of any address changes within two weeks of the change. Hearing n…

(a) When an employer files a report of industrial injury, a copy of the report shall be concurrently furnished to the injured employee. When an employer denies compensability or indicates compensability is not accepted, the employer shall submit a written report to the director a…

(a) The director may order the joinder of additional parties, except as provided in section 12-10-33, necessary for the full adjudication of a claim. Motions to join additional parties shall be made prior to the filing of a request of hearing. Upon showing good cause, the directo…

(a) Orders requiring the injured employee to appear for examination by the physician of the employer's choosing may be issued by the director. (b) The employer shall submit a request in writing to the director and the injured employee twenty calendar days before the scheduled med…

(a) Whenever an injured employee is ordered or requested to be present for examination by a physician or surgeon selected by the employer, as provided under section 386-79, HRS, the employer shall pay the reasonable costs and expenses incurred for travel, transportation, room and…

(a) Whenever a person has allegedly violated section 386-98, HRS, a written complaint, identifying the person charged and indicating the date and nature of the violation with related documentation, shall be filed with the director, provided that it is submitted within two years o…

Notes Haw. Code R. §§ 12-10-78 to 12-10-90

Every employer required to secure payment of workers' compensation benefits under section 386-121(a) (1), HRS, shall cover its entire liability to all of its employees under one insurance policy. Notes Haw. Code R. § 12-10-91 [Eff: 4/30/81; am 1/9/89] (Auth: HRS § 386-72) (Imp: H…

(a) Every employer shall insure that each employee in its employ is informed if it is a self-insurer for purposes of chapter 386, HRS, or if insured, of the name of its workers' compensation insurance carrier and general agent, as applicable. (b) Beginning on July 1, 1989, a noti…

(a) A notice of intention to cancel an insurance contract under the terms of section 386-127, HRS, shall be in writing, served either personally or by registered or certified mail, return receipt requested, upon the employer or its representative. (b) Upon completion of service o…

Notes Haw. Code R. § 12-10-94 Eff: 4/30/81; R 2/28/11

Notes Haw. Code R. §§ 12-10-95 to 12-10-99

As used herein: "Benefits at least as favorable" means benefits under a plan which meet the requirements of section 12-11-16. A plan shall provide each employee, or each employee of the class or classes of employees included under the plan, cash disability "benefits at least as f…

A plan which was in existence on June 30, 1969 and which continues in existence on January 1, 1970 is an existing plan and shall be accepted by the director as complying with the obligation of the employer to provide disability benefits for the employees, or for the class or clas…

(a) An existing plan may, after June 30, 1969, be extended with or without modification, or modified with or without extension, by agreement with an association of employees or through collective bargaining and, as so extended or modified, the plan during the period of the extens…

An existing plan shall be deemed continued and may be accepted as the plan of an employer who, after June 30, 1969, has acquired all or substantially all, or an identifiable portion, of the assets or employment and has assumed liabilities, including liabilities under the plan, of…

(a) Arrangements for wage or salary continuance during disability in effect on June 30, 1969 may be accepted as an existing plan, provided the plan formed part of the employer's regular contract of hiring, either under written agreement or by established custom and practice. (b) …

Any plan which was not in existence on June 30,1969, but which is in existence on or after January 1, 1970, is a new plan and, if the benefits provided meet the requirements of section 12-11-16, may be accepted by the director under section 392-41, HRS, provided: (1) The benefits…

(a) Benefits under any plan shall, in the aggregate, be deemed to be "at least as favorable" only if: (1) A waiting period of no more than seven days is required; and (2) The aggregate actuarial value, as determined under section 12-11-17, of the cash disability benefits for each…

(a) Benefits provided under a plan which meets the minimum requirements of section 12-11-16 will be evaluated, to assist in determining whether the plan benefits are "at least as favorable" as the benefits provided by law, by the use of tables established by the insurance commiss…

(a) In determining the benefit rate for plan evaluation, the normal weekly earnings paid under regular employment practices will generally be used as "weekly wages". However, I for any extended period of time employees regularly receive extra wages including, without limitation, …

If an employee who is eligible for benefits under the statute is not eligible for benefits under the plan for any of the following reasons: (1) The eligibility or probationary period under the plan is longer than that provided by law; or (2) There is an eligibility or probationar…

When a special fund assessment is made, refunds due to an insurance carrier's or self-insured employer's computational errors shall not be made unless an application is filed with the director within ninety days from the date of payment. Notes Haw. Code R. § 12-11-2 [Eff 5/11/81]…

If the benefits under a plan, other than a plan under section 12-11-11(1) or 12-11-11(2) (B), do not meet the requirements of section 12-11-16 as to any class of employees eligible for the benefits, but do meet such requirements as to another class or other classes of employees, …

An employer who has an existing plan or a new plan, and who desires to be permitted to provide benefits thereunder in lieu of the statutory benefits for a class or classes of employees, shall apply in writing to the director to have the plan accepted. The employer shall, as a par…

If the agreement filed with the director under section 12-11-21(2) is the agreement of a carrier and not of the employer, acceptance of the plan shall terminate forthwith whenever the carrier's obligation to pay benefits shall terminate, unless prior thereto an acceptable new car…

If the agreement filed with the director under section 12-11-21(2) is the agreement of an employer, or of an association of employers, or an association of employees authorized to pay benefits, or a trust or trustee under a plan paying benefits, the acceptance of the plan shall t…

(a) Whenever a plan accepted by the director shall thereafter be modified or extended, written notice of the modification or extension, in form approved by the director, shall be filed forthwith with the director, and except as to modifications which are not material modification…

The director shall give to the employer or association of employers or association of employees by whom the application for acceptance was filed, and also to the applicant, written notice that the plan is accepted as satisfying the obligation of the employer or employers to provi…

(a) When an application for acceptance of a plan has been denied on the ground that the benefits under the plan do not meet the requirements of section 12-11-16, the applicant, within fifteen days after notice of denial has been given, may apply in writing to the director for rec…

(a) The minimum standards which an insured association of employers shall meet to qualify its members for obtaining temporary disability insurance coverage are: (1) The association must be a bona fide organization a charter, constitution, and by-laws or other documentation identi…

Notes Haw. Code R. §§ 12-11-28 to 12-11-34

Financial statements required by section 392-41, HRS, shall be filed annually not later than three months after the close of the self-insurer's fiscal year, or as requested by the director. Notes Haw. Code R. § 12-11-3 [Eff 5/11/81] (Auth: HRS § 392-91) (Imp: HRS § 392-41)…

(a) The employee claiming for disability benefits or a person acting on the employee's behalf shall file a claim for disability benefits with the employer on a form prescribed by the director, or in the case where section 392-66, HRS, is applicable, with the director, within nine…

(a) An employer shall provide benefits for disabilities that occur during the period of employment and while the employee is an "individual in current employment" as defined in section 392-6, HRS, provided that if during the two-week period following termination of employment the…

If an individual is employed concurrently by more than one employer and is a part-time employee of one or more of the employers, in order to be eligible for benefits from employers for whom the individual is a part-time employee, the employee must give written notice to all of th…

(a) An employee is in concurrent employment when the individual is regularly and customarily in the employ of more than one covered employer within the same calendar week and is concurrently eligible for disability benefits from each of the employments. (b) Hours of employment wi…

The period of two consecutive weeks after termination of employment shall end on the fourteenth consecutive calendar day following the last day worked. Notes Haw. Code R. § 12-11-39 [Eff 5/11/81] (Auth: HRS § 392-91) (Imp: HRS § 392-6)

If not mailed, the filing date shall be the date the document is received by the addressee; or, if mailed, the postmark date unless another date is specified in the statutes or this chapter. Notes Haw. Code R. § 12-11-4 [Eff 5/11/81] (Auth: HRS § 392-91) (Imp: HRS §§ 392-26, 392-…

(a) If an employee who is eligible for benefits under the statute is disabled and has claimed or subsequently claims benefits under the workers' compensation law, and if the claim is denied by the director on the ground that the employee's disability was not caused by an accident…