§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 from receiving benefits under the Hawaii employment security law by reason of unemployment due to a stoppage of work existing because of a labor dispute for the duration of such disqualification.
(2) If the director finds that the individual has knowingly made a false statement or representation of a fact or knowingly failed to disclose a material fact in order to obtain benefits under this chapter to which the individual is not otherwise entitled. The ineligibility shall be for a period determined by the director, but shall not exceed the period of disability with respect to which the false statement or representation was made or the nondisclosure occurred.
(3) For any period of disability due to wilfully and intentionally self-inflicted injury or to injury sustained in the commission of a criminal offense specified in title 37.
(4) For any day of disability during which the employee performed work for remuneration or profit, except that, if an employee returning to work suffers a relapse after performing work for less than a full day, the employee shall be paid benefits or be given waiting period credit, provided the employee's wages for the partial day's work did not equal or exceed the prorated disability benefits to which the employee is entitled. The amount of the benefit payable is derived by subtracting the gross wages received for performing less than a full day's work, from the prorated disability benefits to which the employee is entitled.
(5) Unless the claim for disability benefits is filed within ninety days after the commencement of the period of disability or as soon thereafter as is reasonably possible. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(c); am imp L 1972, c 9, §1; am L 1983, c 205, §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.