CLEAR's Index to HRS Chapter 392

HAWAIʻI TEMPORARY DISABILITY INSURANCE LAW

96-043 Ala Ike in Pearl City, HI

for a short summary of this law prepared by
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clear.uhwo.hawaii.edu           Phone: 454-4774           email: clear@hawaii.edu
This index to HRS 392 is posted as a service to the Department of Labor & Industrial Relations of the State of Hawai'i. We are not involved in the enforcement of the State's Labor Laws, so we must refer your question to the DLIR directly.

E-mail inquiries may be sent to the State DLIR Information Officer at dlir-info@dlir.state.hi.us. Or you may phone their offices in Honolulu at 808-586-8842.

Part I. Short Title; Purpose; Definitions

§392-1 Short title

§392-2 Findings and purpose

§392-3 Definitions generally

§392-4 Place of performance

§392-5 Excluded services

§392-6 Individual in current employment

§392-7 Average weekly wage

Part II. Temporary Disability Benefits

§392-21 Establishment of temporary disability benefits

§392-21.5 Proceedings to determine employment and coverage

§392-22 Weekly benefit amount

§392-23 Duration of benefit payments

§392-24 Waiting period

§392-25 Eligibility for benefits

§392-26 Care by physician or equivalent required

§392-27 Ineligibility in certain cases

§392-28 Duplication of benefits not permitted

§392-29 No assignment of benefits; exemptions from attachment, etc.

Part III. Provision for Temporary Disability Insurance Benefits

§392-41 Provision for payment of benefits

§392-42 Notice of insurance

§392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction

§392-43 Authority to withhold contributions, rate of contribution, maximum weekly wage base

§392-43.5 Payments of premium for ineligible employees not permitted

§392-44 Payment of disability benefits

§392-44.5 Notice of denial

§392-45 Subrogation rights if employee entitled to workers' compensation benefits or indemnity under employers' liability acts

§392-46 Subrogation rights against third parties

§392-47 Failure to give security for payment of benefits; penalty; injunction

§392-48 The insurance contract

§392-49 Insolvency of employer not to release insurer

§392-50 Cancellation of insurance contracts

§392-51 Failure to submit timely wage and employment information

§392-52 Disposition of accrued benefits where insurer is unable to locate employee

Part IV. Special Fund for Disability Benefits

§392-61 Establishment of special fund for disability benefits

§392-62 Management of the fund

§392-63 Disbursements from the fund

§392-64 Investment of moneys

§392-65 Temporary disability benefits to be paid from the special fund for disability benefits; recovery of disability benefits

§392-66 Disability while unemployed

§392-67 Assessments for the special fund for disability benefits

§392-68 Failure to pay assessments

§392-69 Request for wage and employment information

Part V. Determinations

A. Appeal Procedure

§392-71 Appeal tribunal

§392-72 Appeals, filing and hearing

§392-73 Procedure

§392-74 Conclusiveness of determinations and decisions

§392-75 Judicial review

§392-76 Representation

§392-77 Payment of benefits

§392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights

§392-79 Reconsideration

§392-80 Appeal pending when reconsideration issued

§392-81 Notice of reconsideration

B. Determinations Relating to Wage Withholding

§392-86 Disputes between employers and employees relating to withholding of wages

Part VI. Enforcement

§392-91 Enforcement by the director

§392-92 Penalties

Part VII. Miscellaneous Provisions

§392-101 Limitation of fees


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