Haw. Code R. § 12-10-1

Current through April, 2024
Section 12-10-1 - Definitions

As used in this chapter:

"Able to resume work" shall be as defined in section 386-1, HRS.

"Appellate board" shall be as defined in section 386-1, HRS.

"Adjuster" means an individual, partnership, corporation, or others, who is in the business of adjusting workers' compensation insurance claims for a self-insured employer, insurer, or others.

"Attending physician" shall be as defined in section 386-1, HRS.

"Compensation" shall be as defined in section 386-1, HRS.

"Covered employment" shall be as defined in section 386-1, HRS.

"Department" shall be as defined in section 386-1, HRS.

"Director" shall be as defined in section 386-1, HRS.

"Disability" shall be as defined in section 386-1, HRS.

"Disqualified health care provider" means a health care provider barred under section 386-27, HRS, from providing health care services to a person who has suffered a work injury.

"Employee" shall be as defined in section 386-1, HRS.

"Employee in comparable employment" shall be as defined in section 386-1, HRS.

"Employee's designated representative", for the purpose of section 386-31(b)(1), HRS, means the representative of record of the employee, such as the employee's attorney or union representative. As used in this chapter, employee shall include the employee's representative unless clearly indicated otherwise.

"Employer", as defined in section 386-1, HRS, includes a self-insured employer or the self-insured employer's adjuster or designated representative unless clearly indicated otherwise, the insurer of an employer, or an employer who has failed to comply with section 386-121, HRS.

"Employer's designated representative", for the purpose of section 386-31(b)(1), HRS, shall include:

(1) A self-insured employer's adjuster or attorney of record;

(2) An insured employer's insurer, adjuster, or attorney of record; or

(3) The adjuster or attorney of record of an uninsured employer.

"Employment" shall be as defined in section 386-1, HRS.

"Employment for personal, family, or household purposes" includes but is not limited to:

(1) Services performed by an individual in constructing, repairing, or maintaining employer's private place of abode or dwelling.

(2) Domestic, valet, custodial, or babysitting services performed by an individual for an employer in or about a private place of abode.

(3) Chauffeuring or personal safeguarding services performed by an individual for an employer or members of the employer's family.

"Full-time student" means an individual who is considered a regular full-time student by the educational institution at which the individual is enrolled or registered.

"Hanai child" means a child who, prior to the industrial injury, is taken permanently to reside, be educated, and reared by someone other than the natural parents, traditionally a grandparent or other relative.

"Health care provider" shall be as defined in section 386-1, HRS.

"Higher wages" means a higher regular rate of pay per unit of time.

"Insured employer" means an employer who obtains workers' compensation insurance from an insurer pursuant to section 386-121(a)(1), HRS.

"Insurer" means any insurance company authorized by the insurance commissioner to underwrite, sell, or transact workers' compensation insurance in the State of Hawaii.

"Medical care", "medical services", or "medical supplies" shall be as defined in section 386-1, HRS.

"Medical stabilization" means that no further improvement in the injured employee's work-related condition can reasonably be expected from curative health care or the passage of time. Medical stabilization is also deemed to have occurred when the injured employee refuses to undergo further diagnostic tests or treatment which the health care provider believes will greatly aid in the employee's recovery.

"Personal injury" shall be as defined in section 386-1, HRS.

"Physician" shall be as defined in section 386-1, HRS.

"Self-insured employer" means an employer authorized by the director to comply with chapter 386, HRS, pursuant to section 386-121(a)(2) or (3), HRS.

"Sixty-six and two-thirds per cent", as required by sections 386-31 and 386-32, HRS, means the factor .6667.

"State average weekly wage" shall be as defined in section 386-1, HRS.

"This statute" or "the statute" means chapter 386, HRS, unless otherwise specified.

"Total disability" shall be as defined in section 386-1, HRS.

"Trade, business, occupation, or profession" shall be as defined in section 386-1, HRS.

"Uninsured employer" means an employer who has failed to comply with section 386-121, HRS.

"Wages" shall be as defined in section 386-1, HRS.

"Week" or "workweek" means a fixed and regularly recurring period of seven consecutive days.

"Work injury" shall be as defined in section 386-1, HRS.

Haw. Code R. § 12-10-1

[Eff: 4/30/81; am 12/17/82; am 11/29/85; am 2/28/11] (Auth: HRS §§ 386-27, 386-72) (Imp: HRS §§ 386-1, 386-2, 386-3, 386-21, 386-24, 386-25, 386-27, 386-31, 386-32, 386-42, 386-43, 386-51, 386-71, 386-91, 386-121)