Hawaii Revised Statutes 386-92 – Default in payments of compensation, penalty
Terms Used In Hawaii Revised Statutes 386-92
- 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
- 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
If any compensation payable under the terms of a final decision or judgment is not paid by a self-insured employer or an insurance carrier within thirty-one days after it becomes due, as provided by the final decision or judgment, or if any temporary total disability benefits are not paid by the employer or carrier within ten days, exclusive of Saturdays, Sundays, and holidays, after the employer or carrier has been notified of the disability, and where the right to benefits are not controverted in the employer’s initial report of industrial injury or where temporary total disability benefits are terminated in violation of § 386-31, there shall be added to the unpaid compensation an amount equal to twenty per cent thereof payable at the same time as, but in addition to, the compensation, unless the nonpayment is excused by the director after a showing by the employer or insurance carrier that the payment of the compensation could not be made on the date prescribed therefor owing to the conditions over which the employer or carrier had no control.