§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 connected with or resulting from employment as defined in section 386-3 or any other applicable workers' compensation law, shall be entitled to receive temporary disability benefits in the amount and manner provided in this chapter.
(b) It is the policy of this chapter that the computation and distribution of benefit payments shall correspond to the greatest extent feasible, to the employee's wage loss due to the employee's disability; that an employee shall not be entitled to temporary disability benefits for periods of disability during which the employee would not have earned wages from employment according to the schedule of operations of the employee's employer, and that an employee is entitled to benefits only for periods of disability during which, but for the disability, the employee would have earned wages from employment. This policy, however, shall not be applied to terminate the benefits of an employee who is receiving benefits under this chapter for a disability that commenced while the employee was in current employment, nor shall it be applied to deny benefits under this chapter if a disability that commenced while the employee was in current employment continues into a period during which the employee would earn wages but for the disability. [L 1969, c 148, pt of §1; am L 1973, c 61, §3; am L 1975, c 41, §1; gen ch 1985; am L 1991, c 83, §1; am L 2014, c 160, §2]
Attorney General Opinions
If an individual is employed by department as both a full-time teacher and an A+ employee and the individual becomes disabled for both jobs, department must pay the individual under both the full-time teacher TDI plan and the A+ TDI plan in order to compensate the individual for lost wages from both full-time teacher and A+ employments, because subsection (b) states that "the computation and distribution of benefit payments shall correspond to the greatest extent feasible, to the employee's wage loss due to the employee's disability". Att. Gen. Op. 97-9.
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
392. Temporary Disability Insurance
392-6 Individual in current employment.
392-21 Establishment of temporary disability benefits.
392-21.5 Proceedings to determine employment and coverage.
392-23 Duration of benefit payments.
392-25 Eligibility for benefits.
392-26 Care by physician, advanced practice registered nurse, 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.
392-41 Provision for payment of benefits.
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.
392-46 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.
392-61 Establishment of trust fund for disability benefits.
392-62 Management of the fund.
392-63 Disbursements from the fund.
392-66 Disability while unemployed.
392-67 Assessments for the trust fund for disability benefits.
392-68 Failure to pay assessments.
392-69 Request for wage and employment information
392-72 Appeals, filing, and hearing.
392-74 Conclusiveness of determinations and decisions.
392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.
392-80 Appeal pending when reconsideration issued.
392-81 Notice of reconsideration.
392-86 Disputes between employers and employees relating to withholding of wages.