Hawaiian Dredging Construction Co. v. Fujikawa Associates, Inc.Annotate this Case
Haw. Rev. Stat. 386-8, which governs a third party’s liability for workers’ compensation, provides the exclusive remedy for an employer to recover workers’ compensation benefits from a third-party tortfeasor.
An employee of Hawaiian Dredging Construction Company, Inc. (HDCC) was injured in a workplace accident, allegedly due to the actions of HDCC’s subcontractor, Fujikawa Associates, Inc. (Fujikawa). HDCC sought reimbursement from Fujikawa, claiming that workers’ compensation benefits were within the scope of the subcontract’s indemnity clause. When Fujikawa refused to indemnify HDCC, HDCC filed a complaint alleging breach of the subcontract. The circuit court granted summary judgment in favor of Fujikawa. The Supreme Court affirmed, holding that summary judgment was appropriate because HDCC did not avail itself of the exclusive remedy provided in section 386-8.