2021 Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
386. Workers' Compensation Law
386-24 Medical rehabilitation.
§386-24 Medical rehabilitation. The medical services and supplies to which an employee suffering a work injury is entitled shall include such services, aids, appliances, apparatus, and supplies as are reasonably needed for the employee's greatest possible medical rehabilitation. The director of labor and industrial relations, on competent medical advice, shall determine the need for or sufficiency of medical rehabilitation services furnished or to be furnished to the employee and may order any needed change of physician, hospital or rehabilitation facility. [L 1963, c 116, pt of §1; Supp, §97-23; HRS §386-24; gen ch 1985]
Case Notes
Neuromonics device was "reasonably needed" for treating employee's work-related tinnitus in order for employee to attain the "greatest possible medical rehabilitation", where: (1) none of the three independent medical examiners retained by the employer had opined that the device was not reasonably needed or had any experience with the device; (2) the opinion of the doctor who recommended that employee be fitted with the device was based upon experience with the device and medical expertise specifically related to studying and treating diseases and disorders of the ear; and (3) the nature of employee's injury and employee's treatment history established a need to augment, albeit with a new method, fourteen years of unsuccessful strategies to treat employee's tinnitus. 136 H. 217, 361 P.3d 444 (2015).
