Title 21, Labor And Industrial Relations

PART I. SHORT TITLE; PURPOSE; DEFINITIONS [§392-1] Short title. This chapter shall be known as the "Hawaii Temporary Disability Insurance Law". [L 1969, c 148, pt of §1]

PART VII. MISCELLANEOUS PROVISIONS §392-101 Limitation of fees. Any individual claiming benefits in any proceeding before the department or the referee may be represented by counsel or other duly authorized agent; but no such counsel or agent shall either charge or receive for su…

[§392-2] Findings and purpose. A large portion of the labor force of this State annually is disabled from pursuing gainful employment by reason of nonoccupational sickness or accident and as a result suffers serious loss of income. In approximately ten per cent of the cases such …

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…

§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…

§392-22 Weekly benefit amount. Benefits shall be computed as weekly amounts in the manner provided in this section:

[§392-23] Duration of benefit payments. Temporary disability benefits shall be payable for any period of disability following the expiration of the waiting period required in section 392-24. The duration of benefit payments shall not exceed twenty-six weeks for any period of disa…

[§392-24] Waiting period. No temporary disability benefits shall be payable during the first seven consecutive days of any period of disability. Consecutive periods of disability due to the same or related cause and not separated by an interval of more than two weeks shall be con…

§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 …

§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…

§392-27 Ineligibility in certain cases. An individual shall not be eligible to receive temporary disability benefits:

§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:

[§392-29] No assignment of benefits; exemptions from attachment, etc. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid; and such rights to benefits shall be exempt from levy, execution, attachm…

§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…

[§392-4] Place of performance. (a) "Employment" includes an individual's entire service, performed within or both within and without this State if: (b) The term "employment" also includes all service performed by an officer or member of the crew of an American vessel on or in con…

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 …

§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…

§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…

§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…

§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…

§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…

[§392-44.5] Notice of denial. No employer or insurer shall deny disability benefits to an employee without first submitting a copy of the notice of denial to the department. The department shall review the denial within ten days of the receipt of the notice. If the department fin…

§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…

§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, …

§392-47 Failure to give security for payment of benefits; penalty; injunction. If an employer fails to comply with section 392-41 the employer shall be subject to a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, which…

[§392-48] The insurance contract. Every policy of insurance issued by an insurer of an employer pursuant to this chapter which covers the liability of the employer for temporary disability benefits shall cover the entire liability of the employer to the employer's employees cover…

[§392-49] Insolvency of employer not to release insurer. Every policy and contract of insurance issued for the purposes of this chapter shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer's discharge therein shall not relieve…

§392-5 Excluded services. "Employment" as defined in section 392-3 shall not include:

[§392-50] Cancellation of insurance contracts. No policy or contract of insurance issued by a stock company or mutual association against liability arising under this chapter shall be canceled within the time limited in the contract for its expiration until at least ten days afte…

§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…

§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…

§392-6 Individual in current employment. "Individual in current employment" means:

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…

§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…

§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…

§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…

§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…

§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…

§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…

§392-68 Failure to pay assessments. If an employer or insurer fails to pay the assessment required by section 392-67(a) or section 392-67(b) within thirty days after the end of the month or quarter for which payment was due, the director shall levy a penalty of at least $250 but …

§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…

[§392-7] Average weekly wage. The "average weekly wage" for the purpose of computing the weekly benefit amount shall be based upon the wages that the employee would receive from the employee's employer except for the employee's disability. In the case of salaried employees the "a…

PART V. DETERMINATIONS A. Appeal Procedure [§392-71] Appeal tribunal. Appeals shall be heard by an impartial referee for temporary disability benefits appeals who shall be appointed by the director and who shall serve as the appeal tribunal. [L 1969, c 148, pt of §1]

§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…

[§392-73] Procedure. The referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. No person shall …

[§392-74] Conclusiveness of determinations and decisions. Except insofar as reconsideration is had under section 392-79, any right, fact, or matter in issue, directly passed upon or necessarily involved in an appeal which has become final, shall be conclusive for all the purposes…

§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…

§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 …

[§392-77] Payment of benefits. Benefits shall be paid promptly in accordance with the decision. If an application for reconsideration is duly made or if judicial review is duly filed, benefits with respect to weeks of disability not in dispute and benefits payable in any amount n…

§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…