June 21, 2024 • News

Are Your Workers’ Comp Procedures In Order?

A recent ruling by the State of Hawaii Intermediate Court of Appeals (CAAP-10-000575) vacated a decision by the Labor and Industrial Relations Board (LIRAB) in which LIRAB upheld the Department of Labor and Industrial Relations (DLIR) Director’s denial of an employee’s claim for workers’ compensation benefits, concluding the claim to be time-barred. Among the points cited in the decision to vacate was the employer’s failure to submit a written report supporting the denial to the DLIR Director and the employee within the required 30 calendar days even though the employee did not file a written claim in a timely manner. Another point was the lack of a definitive record of the contents of the employer’s required postings of Notices to Employees regarding employee benefits. 

The takeaway for all employers and HR departments: HR should:

1. Provide a WC-1 Report to the employee upon notification of a worker’s compensation claim; 
2. Provide a copy of the brochure “Highlights of the Hawaii Workers’ Compensation Law” to every employee who files for worker’s compensation; 
3. Submit a written report to the director and the injured employee within 30 calendar days supporting the denial pursuant to HAR Section 12-10-73(a); and 
4. Retain copies of the posters posted and record the dates they were posted.