Haw. Code R. § 6-26-7 - Disability application; medical evidence

(a) The applicant for ordinary and service-connected disability retirement shall have the responsibility of furnishing all medical evidence available or which can be made available to the applicant pertaining to the applicant's disability, including reports of the applicant's personal physician and consultant physicians, hospital and laboratory reports, and x-rays.

The applicant for service-connected disability retirement shall also submit, on a form provided by the system, information concerning the applicant's education, work experience, and medical history.

(b) If the application is for service-connected disability retirement, the system shall obtain the following:

(1) A copy of the employer's report of the accident submitted by the employer to the department of labor and industrial relations, disability compensation division, and any other report of or to the disability compensation division, including medical reports, relating to the accident;

(2) A certified statement from the head of the department in which the applicant is employed, stating the date, time, and place of the accident, and the nature of the service being performed when the accident occurred. The statement shall also include an opinion as to whether or not the accident resulted in the applicant's disability and whether or not the disability was the result of willful negligence on the applicant's part;

(3) A copy of the latest position description of the applicant's duties and responsibilities; and

(4) A release form signed by the applicant which enables the system to obtain any medical and worker's compensation reports.

(c) The application shall be deemed canceled if:

(1) The applicant for ordinary or service-connected disability retirement fails to file a report from the applicant's personal physician concerning the applicant's medical condition and disability within sixty days from the date of the filing of the application; or

(2) Twice fails to keep an appointment with the medical board or with a consultant to whom the applicant may be referred by the medical board or by the system.

Written notice of the cancellation shall be sent to the applicant.

(d) For the purpose of this subchapter, unless otherwise indicated by the context, the term 'service-connected disability retirement" includes service-connected total disability retirement and service-connected occupational disability retirement.

Notes

Haw. Code R. § 6-26-7

[Eff 2/9/89; am and comp NOV 26 2009] (Auth: HRS § 88-28) (Imp:HRS §§ 88-75, 88-79, 88-284) Comp 4/11/2022