Terms Used In Hawaii Revised Statutes > Chapter 263A - Alcohol and Aviation Safety

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appellate board: means the labor and industrial relations appeals board. See Hawaii Revised Statutes 386-1
• Arrest: Taking physical custody of a person by lawful authority.
• Compensation: means all benefits accorded by this chapter to an employee or the employee's dependents on account of a work injury as defined in this section; it includes medical and rehabilitation benefits, income and indemnity benefits in cases of disability or death, and the allowance for funeral and burial expenses. See Hawaii Revised Statutes 386-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 386-1
• Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 386-1
• Disability: means loss or impairment of a physical or mental function. See Hawaii Revised Statutes 386-1
• Employee: means any individual in the employment of another person. See Hawaii Revised Statutes 386-1
• Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
• Employment: means any service performed by an individual for another person under any contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully entered into. See Hawaii Revised Statutes 386-1
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• guidelines: means an indication of a suggested criteria, course, or means to a particular end, and not an authoritative or exclusive prescription which limits the exercise of independent judgment, expertise, or care. See Hawaii Revised Statutes 386-1
• Health care provider: means a person qualified by the director to render health care and service and who has a license for the practice of:

  (1) Medicine or osteopathy under chapter 453;

  (2) Dentistry under chapter 448;

  (3) Chiropractic under chapter 442;

  (4) Naturopathic medicine under chapter 455;

  (5) Optometry under chapter 459;

  (6) Podiatry under chapter 463E;

  (7) Psychology under chapter 465; and

  (8) Advanced practice registered nurse under chapter 457. See Hawaii Revised Statutes 386-1

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Physician: includes a doctor of medicine, a dentist, a chiropractor, an osteopath, a naturopathic physician, a psychologist, an optometrist, an advanced practice registered nurse, and a podiatrist. See Hawaii Revised Statutes 386-1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Suitable gainful employment: means employment or self-employment within the geographical area where the employee resides, which is reasonably attainable and which offers an opportunity to restore the employee's earnings capacity as nearly as possible to that level which the employee was earning at the time of injury and to return the employee to the active labor force as quickly as possible in a cost-effective manner, giving due consideration to the employee's qualifications, interests, incentives, future earnings capacity, and the present and future labor market. See Hawaii Revised Statutes 386-1
• Total disability: means disability of such an extent that the disabled employee has no reasonable prospect of finding regular employment of any kind in the normal labor market. See Hawaii Revised Statutes 386-1
• Usual and customary employment: means the line or type of work in the gainful employment market consistent with a claimant's background, training, and experience. See Hawaii Revised Statutes 386-1
• Vocational rehabilitation plan: means an approved plan prepared by a certified rehabilitation provider with an employee that is designed to assist the employee in obtaining and maintaining suitable gainful employment. See Hawaii Revised Statutes 386-1
• Vocational rehabilitation services: means services provided in a rehabilitation program to assist an employee in obtaining and maintaining suitable gainful employment that may include but shall not be limited to on-the-job training, job modification, vocational evaluation, adjustment to disability, counseling, guidance, vocational and personal adjustment, referrals, transportation, training, supplies, equipment, appliances, aid, occupational licenses, and other goods and services needed to assist an employee in obtaining and maintaining suitable gainful employment. See Hawaii Revised Statutes 386-1
• Wages: means all remuneration for services constituting employment. See Hawaii Revised Statutes 386-1
• Work injury: means a personal injury suffered under the conditions specified in § 386-3. See Hawaii Revised Statutes 386-1