§392-79 Reconsideration. (a) At any time within one year from the date of a final decision with respect to wages upon which benefits are computed, the director on the director's own motion may reopen the decision if the director finds that wages of the claimant pertinent to the decision but not considered in connection therewith have been newly discovered or that benefits have been allowed or denied or the amount of benefits have been fixed on the basis of a nondisclosure or misrepresentation of a material fact.
(b) At any time within two years from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that the benefits were allowed or denied as a result of nondisclosure or misrepresentation of a material fact.
(c) At any time within one year from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that an overpayment, due to reasons other than fraud, has occurred.
(d) In any case in which the director is authorized by this section to reopen any final decision rendered by a referee or court, the director may petition the referee or court to issue a revised decision. [L 1969, c 148, pt of §1; gen ch 1985]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
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.