§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 expressly excluded from "employment" under section 392-5, it shall be presumed that coverage applies unless the party seeking exclusion is able to establish under both the control test and the relative nature of the work test that coverage is not appropriate under this chapter. There shall be a right of appeal from decisions of the director to the circuit court and thence to the intermediate appellate court, subject to chapter 602. [L 1996, c 94, §2; am L 2004, c 202, §46; am L 2006, c 94, §1; am L 2010, c 109, §1]
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.