Chapter 392 — Chapter 392
32 sections in this chapter.
HRS §392-21 Establishment of temporary disability benefits
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PART II. TEMPORARY DISABILITY BENEFITS §392-21 Establishment of temporary disability benefits. (a) Any individual in current employment who suffers disability resulting from accident, sickness, pregnancy, termination of pregnancy, or organ donation, except accident or disease con…
HRS §392-21.5 Proceedings to determine employment and coverage
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§392-21.5 Proceedings to determine employment and coverage. The director of labor and industrial relations shall have original jurisdiction over all controversies and disputes over employment and coverage under this chapter. Except in cases where services are specifically and exp…
HRS §392-22 Weekly benefit amount
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§392-22 Weekly benefit amount. Benefits shall be computed as weekly amounts in the manner provided in this section:
HRS §392-25 Eligibility for benefits
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§392-25 Eligibility for benefits. An individual is eligible to receive temporary disability benefits if the individual has been in employment for at least fourteen weeks during each of which the individual has received remuneration in any form for twenty or more hours and earned …
HRS §392-26 Care by physician, advanced practice registered nurse, or equivalent required
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§392-26 Care by physician, advanced practice registered nurse, or equivalent required. (a) An individual shall be ineligible to receive temporary disability benefits with respect to any period during which the individual is not under the care of a person duly licensed to practice…
HRS §392-27 Ineligibility in certain cases
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§392-27 Ineligibility in certain cases. An individual shall not be eligible to receive temporary disability benefits:
HRS §392-28 Duplication of benefits not permitted
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§392-28 Duplication of benefits not permitted. No temporary disability benefits shall be payable for any period of disability for which the employee is entitled to receive:
HRS §392-3 Definitions generally
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§392-3 Definitions generally. As used in this chapter, unless the context clearly requires otherwise: "Benefit year" with respect to any individual means the one-year period beginning with the first day of the first week of disability with respect to which the individual first fi…
HRS §392-41 Provision for payment of benefits
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PART III. PROVISION FOR TEMPORARY DISABILITY INSURANCE BENEFITS §392-41 Provision for payment of benefits. (a) An employer or an association of employers shall secure temporary disability benefits for their employees in one or more of the following ways: (b) During any period in …
HRS §392-42 Notice of insurance
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§392-42 Notice of insurance. If payment of disability benefits is provided for in whole or in part by insurance pursuant to section 392-41(a)(1), (4), or (5), the employer or insurer shall forthwith file with the director in form prescribed by the director a notice of the employe…
HRS §392-42.5 Insurer's requirements; failure to
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§392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction. (a) Each insurer shall maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this State with draft authority for the pr…
HRS §392-43 Authority to withhold contributions, rate of contribution, maximum weekly wage base
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§392-43 Authority to withhold contributions, rate of contribution, maximum weekly wage base. (a) Subject to the limitation set forth in subsection (b) an employer may deduct and withhold contributions, from each employee of one-half the cost but not more than .5 per cent of the w…
HRS §392-43.5 Payments of premium for ineligible employees not permitted
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§392-43.5 Payments of premium for ineligible employees not permitted. An insurer providing benefits for the employees of an employer or an association of employers, shall not require the payment of premiums from such employer or association of employers for employees who do not m…
HRS §392-44 Payment of disability benefits
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§392-44 Payment of disability benefits. Benefits provided under this chapter shall be paid periodically and promptly and, except as to a contested period of disability, without any decision by the director. The first payment of benefits shall be paid within ten days, exclusive of…
HRS §392-45 Subrogation rights if employee entitled to workers' compensation benefits or indemnity under employers' liability acts
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§392-45 Subrogation rights if employee entitled to workers' compensation benefits or indemnity under employers' liability acts. (a) If an individual has received temporary disability benefits under this chapter during a period of disability for which benefits for any disability u…
HRS §392-46 Subrogation rights against third parties
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§392-46 Subrogation rights against third parties. If any individual who has received benefits under this chapter is entitled to recover damages from a third person who is responsible for the sickness or accident causing the disability, the employer, the association of employers, …
HRS §392-51 Failure to submit timely wage and employment information
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§392-51 Failure to submit timely wage and employment information. An employer to whom an insurer has sent a request for information on wages, hours, and duration of employment regarding an employee claiming disability benefits shall complete and submit such information within sev…
HRS §392-52 Disposition of accrued benefits where insurer is unable to locate employee
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§392-52 Disposition of accrued benefits where insurer is unable to locate employee. An insurer who is unable to pay benefits to an employee because the employee cannot be located, shall deposit the accrued benefits into the trust fund for disability benefits. Upon locating the em…
HRS §392-6 Individual in current employment
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§392-6 Individual in current employment. "Individual in current employment" means:
HRS §392-61 Establishment of
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PART IV. TRUST FUND FOR DISABILITY BENEFITS §392-61 Establishment of trust fund for disability benefits. There is established in the treasury of the State, separate and apart from all public moneys or funds of the State, a trust fund for disability benefits which shall be adminis…
HRS §392-62 Management of the fund
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§392-62 Management of the fund. The director of finance shall be the treasurer and custodian of the trust fund for disability benefits and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall b…
HRS §392-63 Disbursements from the fund
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§392-63 Disbursements from the fund. Expenditures of moneys in the trust fund for disability benefits shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All benefits shall be paid fr…
HRS §392-64 Investment of moneys
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§392-64 Investment of moneys. With the approval of the department the director of finance may, from time to time, invest such moneys in the trust fund for disability benefits as are in excess of the amount deemed necessary for the payment of benefits for a reasonable future perio…
HRS §392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits
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§392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits. Temporary disability benefits shall be paid from the trust fund for disability benefits to individuals who become disabled when unemployed and who subseq…
HRS §392-66 Disability while unemployed
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§392-66 Disability while unemployed. (a) An employee whose employment with a covered employer is terminated and who during a period of unemployment within twenty-six weeks immediately following such termination of employment becomes ineligible for benefits claimed under chapter 3…
HRS §392-67 Assessments for the trust fund for disability benefits
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§392-67 Assessments for the trust fund for disability benefits. (a) Each employer shall, from July 1, 1969, to December 31, 1969, contribute to the establishment of the trust fund for disability benefits at the rate of .2 per cent of covered wages as defined in section 392-43. Th…
HRS §392-69 Request for wage and employment information
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§392-69 Request for wage and employment information. An employer to whom the department has sent a request for wage and employment information for an employee claiming benefits against the trust fund for disability benefits, shall complete and file such information within seven d…
HRS §392-72 Appeals, filing, and hearing
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§392-72 Appeals, filing, and hearing. (a) If a person disputes the amount of benefits, paid under part III or part IV, or the denial of benefits, the claimant may file an appeal, in the form and manner prescribed by rule of the director, at the office of the department, within tw…
HRS §392-75 Judicial review
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§392-75 Judicial review. Any party or the director may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employ…
HRS §392-76 Representation
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§392-76 Representation. In any proceeding for judicial review pursuant to section 392-75, the director may be represented by the attorney general or by any qualified attorney who is employed by the department for that purpose in conformity with section 28-8.3. [L 1969, c 148, pt …
HRS §392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights
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§392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights. (a) Any person who has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount unless the overpayment was received…
HRS §392-92 Penalties
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§392-92 Penalties. (a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined no more than …