Hawaii Revised Statutes 392. Temporary Disability Insurance

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]
• 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...
• 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...
• 392-4 Place of Performance.
  (a) "Employment" includes an individual's entire service, performed within or both within and without this State if: (1) The service is localized in this...
• 392-5 Excluded Services.
  "Employment" as defined in section 392-3 shall not include: (1) Domestic service in a private home, local college club, or local chapter of a...
• 392-6 Individual in Current Employment.
  "Individual in current employment" means: (1) An individual who performed regular service in employment immediately or not longer than two weeks prior to the...
• 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...

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...
• 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...
• 392-22 Weekly Benefit Amount.
  Benefits shall be computed as weekly amounts in the manner provided in this section: (1) If the average weekly wage of the employee is...
• 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...
• 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...
• 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...
• 392-26 Care by Physician 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...
• 392-27 Ineligibility in Certain Cases.
  An individual shall not be eligible to receive temporary disability benefits: (1) For any period of disability during which the individual would be disqualified...
• 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: (1) Weekly benefits under...
• 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;...

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:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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 under...
• 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...
• 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 $25 or of...
• 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...
• 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...
• 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...
• 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...
• 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...

PART IV. TRUST FUND FOR DISABILITY BENEFITS

• 392-61 Establishment of Trust Fund for Disability Benefits.
  Part heading amended by L 2013, c 100, §8. §392-61 Establishment of trust fund for disability benefits. There is established in the treasury of...
• 392-62 Management of the Fund.
  Part heading amended by L 2013, c 100, §8. §392-62 Management of the fund. The director of finance shall be the treasurer and custodian...
• 392-63 Disbursements From the Fund.
  Part heading amended by L 2013, c 100, §8. §392-63 Disbursements from the fund. Expenditures of moneys in the trust fund for disability benefits...
• 392-64 Investment of Moneys.
  Part heading amended by L 2013, c 100, §8. §392-64 Investment of moneys. With the approval of the department the director of finance may,...
• 392-65 Temporary Disability Benefits to Be Paid From the Trust Fund for Disability Benefits; Recovery of Disability Benefits.
  Part heading amended by L 2013, c 100, §8. §392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery...
• 392-66 Disability While Unemployed.
  Part heading amended by L 2013, c 100, §8. §392-66 Disability while unemployed. (a) An employee whose employment with a covered employer is terminated...
• 392-67 Assessments for the Trust Fund for Disability Benefits.
  Part heading amended by L 2013, c 100, §8. §392-67 Assessments for the trust fund for disability benefits. (a) Each employer shall, from July...
• 392-68 Failure to Pay Assessments.
  Part heading amended by L 2013, c 100, §8. [§392-68] Failure to pay assessments. If an employer or insurer fails to pay the assessment...
• 392-69 Request for Wage and Employment Information.
  Part heading amended by L 2013, c 100, §8. §392-69 Request for wage and employment information. An employer to whom the department has sent...

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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 392-79 Reconsideration.
  (a) At any time within one year from the date of a final decision with respect to wages upon which benefits are computed, the...
• 392-80 Appeal Pending When Reconsideration Issued.
  In the event that an appeal is pending as of the date a reconsideration thereof is issued, the appeal, unless withdrawn, shall be treated...
• 392-81 Notice of Reconsideration.
  Notice of a reconsideration upon a claim shall be promptly given to the parties by delivery thereof or by mailing the notice to the...

B. Determinations Relating to
Wage Withholding

• 392-86 Disputes Between Employers and Employees Relating to Withholding of Wages.
  In the case that there is a dispute between the employee and the employer relating to the withholding of wages as contributions for temporary...

PART VI. ENFORCEMENT

• 392-91 Enforcement by the Director.
  The director shall enforce the provisions of this chapter. The director may appoint such assistants and such clerical, stenographic and other help as may...
• 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...

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...

Last modified: October 27, 2016