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2019 Hawaii Revised Statutes
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
392. Temporary Disability Insurance
PART I. SHORT TITLE; PURPOSE; DEFINITIONS
A. Appeal Procedure
- 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.
A. Appeal Procedure
- 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.
Attorney General Opinions
Where department essentially has two TDI plans (full-time teachers are covered by a plan approved by DLIR pursuant to 392-41(a)(5), and department's A+ and other employees are paid benefits in accordance with TDI law found in this chapter), if an individual is employed by department as both a full-time teacher and an A+ employee and the individual becomes disabled for both jobs, the department must pay the individual under both TDI plans. Att. Gen. Op. 97-9.
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