(a) If a claimant or provider of services objects to the denial of benefits by an insurer or self-insurer pursuant to section injury protection benefits” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>431:10C-304(3) (B) and desires an administrative hearing thereupon, the claimant or provider of services shall file with the commissioner, within sixty days after the date of denial of the claim, the following:

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Terms Used In Hawaii Revised Statutes 431:10C-212

  • 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.
  • Injury: means accidental harm not resulting in death. See Hawaii Revised Statutes 431:10C-103
  • Insurer: means every person holding a valid certificate of authority to engage in the business of making contracts of motor vehicle insurance in this State. See Hawaii Revised Statutes 431:10C-103
  • 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.
(1) Two copies of the denial;
(2) A written request for review; and
(3) A written statement setting forth specific reasons for the objections.
(b) The commissioner has jurisdiction to review any denial of personal injury protection benefits.
(c) The commissioner shall:

(1) Conduct a hearing in conformity with chapter 91 to review the denial of benefits;
(2) Have all the powers to conduct a hearing as set forth in section 92-16; and
(3) Affirm the denial or reject the denial and order the payment of benefits as the facts may warrant, after granting an opportunity for hearing to the insurer and claimant.
(d) The commissioner may assess the cost of the hearing upon either or both of the parties.
(e) Either party may appeal the final order of the commissioner in the manner provided for by chapter 91.

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