Haw. Code R. § 12-10-33 - Special compensation fund; notification of pre-existing disabilities

(a) In any case, including death, where an employer believes that section 386-33, HRS, applies, the employer shall give the director written notice no later than thirty calendar days after the date of the initial rating report indicating evidence of preexisting disability. The notice shall state the reasons underlying the employer's belief that section 386-33, HRS, applies and shall include a copy of the rating report or the final decision of the director or the appellate board indicating evidence of the pre-existing disability. Upon good cause shown, the director may permit the employer to file the written notice after the expiration of the time period. Failure to file a notice in accordance with this section shall subject the employer to liability for all benefits.

(b) If the employer files a notice without proper documentation or evidence supporting the applicability of section 386-33, HRS, the director may order the employer to reimburse the special compensation fund for cost and fees which the fund may incur during the proceedings of the injury.

(c) Any employer who accepts all liability for benefits due an injured employee should pre-existing disability combined with the injury result in a greater disability need not file a notice.

(d) Benefits due an injured employee pursuant to section 386-33, HRS, shall be paid by the employer or the special compensation fund, or both.

Notes

Haw. Code R. § 12-10-33

[Eff: 11/29/85; am 2/11/91; am 12/8/94] (Auth: HRS § 386-72) (Imp: HRS § 386-33)