Title 21, Labor And Industrial Relations

§383-94 Records and reports. (a) Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the department of labor and industrial relations may prescribe. The records shall be open to inspection and be subject to be…

§383-95 Disclosure of information. (a) Except as otherwise provided in this chapter, information obtained from any employing unit or individual pursuant to the administration of this chapter and determinations as to the benefit rights of any individual shall be held confidential …

§383-96 Service. Whenever it is provided herein that any service shall be made upon the department of labor and industrial relations, such service may be made upon the director of labor and industrial relations or upon such representative as the director may have designated for t…

§383-97 Change of rates. Whenever the department of labor and industrial relations believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the governor and the legislature, and make recommendat…

§383-98 Referee. (a) In accordance with section 383-91(b), the director of labor and industrial relations shall appoint one or more referees. (b) Subject to sections 383-125 and 383-126, each referee shall receive a salary as fixed by law, and shall also be paid such reasonable t…

§383-99 Oaths and subpoenas. In the discharge of the duties, imposed by this chapter, the director of labor and industrial relations, any duly authorized representative of the director, the referee, and any substitute referee, shall have the same powers respecting the administrat…

§385-1 Additional unemployment compensation benefits; payable when. The additional unemployment benefits provided for in this chapter shall be authorized when a disaster, either natural or manmade, has struck the State, or any county thereof causing damage to a substantial number…

§385-10 Determination, redetermination, notice of determination, appeal. The procedure with respect to the determinations and redeterminations of claims for additional unemployment benefits and with respect to appeals from such determination and redeterminations and with respect …

§385-11 Recovery of additional unemployment benefits; penalties. (a) Any person who makes, or causes to be made by another, a false statement or representation of material fact knowing it to be false or who knowingly fails, or causes another to fail, to disclose a material fact, …

§385-12 Additional unemployment compensation fund. There is created a fund to be known as the additional unemployment compensation fund. The director of finance of the State shall be custodian of the fund, and all disbursements therefrom shall be paid by the director upon orders …

§385-13 Administration; other sections applicable. For the purposes of this chapter, sections 383-91, 383-92, 383-95, 383-96, and 383-98 to 383-103 shall apply, mutatis mutandis, to the administration of this chapter. [L 1961, c 157, pt of §1; Supp, §93B-14; HRS §385-13]

§385-14 Rights, etc., preserved; other sections applicable. For the purposes of this chapter, sections 383-161 to 383-163 shall apply mutatis mutandis. [L 1961, c 157, pt of §1; Supp, §93B-15; HRS §385-14]

§385-15 Nonliability of State. Additional unemployment benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter, subject to amendment or repeal thereof, and to the extent that moneys are available therefor to the credit of the …

§385-16 Period of benefit payments; issuance of further proclamations. Where the additional benefits provided by this chapter are made payable by the governor's proclamation after the occurrence of a disaster, the benefits shall be payable only for a period of one year after the …

§385-2 Definitions, generally. As used in this chapter, unless the context clearly requires otherwise: "Additional unemployment benefits" means the unemployment compensation benefits payable under this chapter. "Benefit year" refers to "benefit year" as that term is defined in se…

§385-3 Payment of benefits. Additional unemployment benefits are payable from the fund to unemployed claimants who are eligible under this chapter. [L 1961, c 157, pt of §1; Supp, §93B-4; HRS §385-3]

§385-4 Weekly benefit amount. A claimant's weekly benefit amount under this chapter shall be the same as the claimant's weekly normal benefit amount payable during the claimant's current benefit year if the claimant has an unexpired benefit year, or the claimant's most recent ben…

§385-5 Maximum benefits payable. A claimant's maximum potential additional unemployment benefits shall be thirteen times the claimant's weekly benefit amount, and shall be determined in the week in which the claimant first claims for additional unemployment benefits and shall rem…

§385-6 Requirements for eligibility. An unemployed claimant is eligible to receive additional unemployment benefits with respect to any week only if the director of labor and industrial relations finds that:

§385-7 Disqualification for additional unemployment benefits. A claimant shall be disqualified for additional unemployment benefits:

§385-8 Claim. A claimant who desires to claim additional unemployment benefits shall file a claim pursuant to section 383-32. [L 1961, c 157, pt of §1; Supp, §93B-9; HRS §385-8]

§385-9 Effective date of claim; waiting period not required. The effective date of a claim shall be the first day of the week in which a claim is first filed. No claimant shall be required to serve a waiting period. [L 1961, c 157, pt of §1; Supp, §93B-10; HRS §385-9]

PART I. GENERAL PROVISIONS §386-1 Definitions. In this chapter, unless the context otherwise requires: "Able to resume work" means an industrially injured worker's injury has stabilized after a period of recovery and the worker is capable of performing work in an occupation for w…

§386-10 Out of state employers. Any employer whose principal place of business is outside the State shall, prior to the commencement of employment within the State, register with the director the employer's name, approximate total wages to be paid, and the dates of employment act…

§386-100 Deductible option for medical benefits in insurance policy. (a) Each workers' compensation insurance policy issued by every insurer shall offer, at the option of the insured employer, a deductible for medical benefits in the amount of $100, $150, $200, $300, $400, $500, …

PART IV. SECURITY FOR COMPENSATION; EMPLOYMENT RIGHTS OF INJURED EMPLOYEES; FUNDS A. Security for Compensation §386-121 Security for payment of compensation; misdemeanor. (a) Employers, except the State, any county or political subdivision of the State, or other public entity wit…

§386-122 Notice of insurance. If the insurance so effected is under section 386-121(a)(1), the employer shall file with the director in a form prescribed by the director a notice of the employer's insurance together with a statement of benefits provided by the policy of insurance…

§386-123 Failure to give security for compensation; penalty; injunction. If an employer fails to comply with section 386-121, the employer shall be liable for a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, whichever…

§386-124 The insurance contract. Every policy of insurance issued by an insurer of an employer referred to in section 386-1 which covers the liability of the employer for compensation shall cover the entire liability of the employer to the employer's employees covered by the poli…

[§386-124.5] Insurer's requirements; failure to maintain claims service office; penalty; injunction. (a) By January 1, 1992, each insurer shall establish and maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this St…

§386-125 Knowledge of employer imputed to insurance carrier. Every policy and contract shall contain a provision that, as between the employee and the insurance carrier, the notice to or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice …

§386-126 Insolvency of employer not to release insurance carrier. Every policy and contract shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer's discharge therein shall not relieve the insurance carrier from the payment of c…

§386-127 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 after…

§386-128 Insurance by the State, counties, and municipalities. The State, any county or other political subdivision of the State, and any other public entity within the State which is liable to its employees for compensation, may insure with any authorized insurance carrier. [L 1…

§386-129 Employees not to pay for insurance; penalty. No agreement by an employee to pay any portion of the premium paid by the employee's employer, or to contribute to a benefit fund or department maintained by the employer, or to the cost of mutual or other insurance maintained…

B. Employment Rights of Injured Employees §386-141 REPEALED. L 1970, c 64, §1.

[§386-142] Employment rights of injured employees. It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with t…

C. Special Compensation Fund §386-151 Special compensation fund established and maintained. (a) There is hereby created a trust fund to be known as the special compensation fund which shall consist of payments made to it as provided by law. The director of finance of the State sh…

§386-152 Levy and charges to finance special compensation fund. When the cash balance of the special compensation fund established in section 386-151 falls below, as of December 31 of any year, an amount determined by the director to be insufficient to meet the fund's current and…

§386-153 Levy on insurers of employers insured under section 386-121(a)(1). (a) For the calendar year 1974 and for each calendar year thereafter, insurers of employers, as defined in section 386-1, shall pay a levy determined by the director which shall be based on a percentage o…

§386-154 Charge against employers not insured under section 386-121(a)(1). (a) As used in this section: "Anticipated total assessment" means the amount derived by dividing the total amount of the levy to be paid by insurance carriers in a calendar year as required by section 386-…

§386-154.5 Special assessments. (a) For the calendar year 1972 only, insurers of employers as defined in section 386-121(a)(1) shall pay a special assessment of one and one-quarter per cent on gross premiums as defined in section 431:7-202(a) and in accordance with the provisions…

§386-155 Expenses. All litigation expenses, including but not limited to court costs, attorneys' fees, and witness fees incurred by the director in preparation, prosecution, or defense of any action brought on behalf of or against the special compensation fund shall be paid from …

PART V. APPLICABILITY TO HAWAII GUARD, VOLUNTEER PERSONNEL AND PUBLIC BOARD MEMBERS A. Hawaii Guard §386-161 Who entitled to compensation. If a member of the Hawaii national guard or Hawaii state defense force suffers a personal injury arising out of and in the performance of the…

§386-162 Terms defined. "Personal injury", "compensation", and "dependents" within the meaning of section 386-161 has the same meaning as is given to these terms in sections 386-1 and 386-42. [L 1963, c 116, pt of §1; Supp, §97-151; HRS §386-162]

§386-163 Administration. This part shall be administered by the director of labor and industrial relations. The director may promulgate such additional rules and regulations relative thereto as the director deems necessary or convenient for carrying out the purposes of this part.…