Hawaii Revised Statutes
392. Temporary Disability Insurance
392-73 Procedure.

§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 appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. No person shall participate on behalf of the director in any case in which that person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and such fees shall be deemed part of the expenses of administering this chapter. [L 1969, c 148, pt of §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

392. Temporary Disability Insurance

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.

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, 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 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.

392-61 Establishment of trust 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 trust fund for disability benefits; recovery of disability benefits.

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

392-71 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.

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

392-91 Enforcement by the director.

392-92 Penalties.

392-101 Limitation of fees.