Haw. Code R. § 12-10-73 - Compensability denied or not accepted

(a) When an employer files a report of industrial injury, a copy of the report shall be concurrently furnished to the injured employee. When an employer denies compensability or indicates compensability is not accepted, the employer shall submit a written report to the director and the injured employee within thirty calendar days supporting the denial. Failure to submit a written report to support the denial shall indicate acceptance of the injury by the employer. The director may grant extensions for filing the employer's written report upon showing of good cause in writing.

(b) If upon review the director believes the injury should be accepted or is compensable, the director shall notify the employer and give the employer thirty calendar days to request a hearing. Should the employer fail to request a hearing, such action shall be considered a waiver of hearing and the director may issue a decision without hearing holding the injury compensable. The decision shall be final unless appealed pursuant to section 386-87, HRS.

(c) If upon review the director believes the denial of compensability is proper, the director shall notify the injured employee and give the injured employee an option to file a claim for industrial injury in accordance with chapter 386, HRS.

Notes

Haw. Code R. § 12-10-73

[Eff: 11/29/85; am 12/8/94] (Auth: HRS § 386-72) (Imp: HRS §§ 386-73, 386-86, 386-95)