(a) If payments of income and indemnity benefits have been made voluntarily by the employer, the making of a claim within the time prescribed in section compensation; limitation of time” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>386-82 shall not be required. No such payments shall be deemed to have been made if the payments are in the nature of a gift and not intended as compensation, or are made by welfare or benefit organizations operating under direction or control of the employer, or are for medical, surgical, or hospital services and supplies, or are made as wages during periods of partial or total disability if the employer notifies the director of labor and industrial relations at the time in writing that such payments of wages are not in lieu of and shall not be considered as compensation.
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Terms Used In Hawaii Revised Statutes 386-83

  • 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
  • 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
  • Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Wages: means all remuneration for services constituting employment. See Hawaii Revised Statutes 386-1
(b) Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is given reasonable notice and opportunity to be heard.

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