Hawaii Revised Statutes
392. Temporary Disability Insurance
392-75 Judicial review.

§392-75 Judicial review. Any party or the director may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the Employment Security Law and the Workers' Compensation Law of the State. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; am L 2004, c 202, §47; am L 2006, c 94, §1; am L 2010, c 109, §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.