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HB1649
HOUSE OF REPRESENTATIVES
H.B. NO.
1649
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to workers' compensation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section 386-34,
Hawaii Revised Statutes, is amended to read as follows:
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"
�386-34
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Payment after death.
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(a)
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Where an employee is entitled to weekly income and indemnity benefits
for permanent total or permanent partial disability and dies from any cause
other than the compensable work injury, payment of any unpaid balance of the
benefits to the extent that the employer is liable therefor, but not to exceed
the amount prescribed under section 386-32(a) for other cases, shall be made to
the employee's dependents as provided herein.
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If, at the time of the death, the employee is entitled to any benefits
from the special compensation fund, the benefits shall also be paid to the
employee's dependents as provided herein:
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(1)
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To a dependent
widow, widower, or reciprocal beneficiary, for the use of the widow, widower,
or reciprocal beneficiary, and the dependent children, if any.
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The director of labor and industrial
relations may from time to time apportion such compensation among the widow,
widower, or reciprocal beneficiary, and any dependent children.
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(2)
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If there be no
dependent widow, widower, or reciprocal beneficiary, but one or more dependent
children, then to such child or children to be divided equally among them if
more than one.
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(3)
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If there be no
dependent widow, widower, reciprocal beneficiary, or child, but there be a
dependent parent, then to such parent, or if both parents be dependent, to both
of them, to be divided equally between them; or if there be no such parents,
but a dependent grandparent, then to such grandparent, or if more than one,
then to all of them to be divided equally among them.
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(4)
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If there be no
dependent widow, widower, reciprocal beneficiary, child, parent, or
grandparent, but there be a dependent grandchild, brother, or sister, then to
such dependent, or if more than one, then to all of them to be divided equally
among them.
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(5)
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If there be no
such dependents, the unpaid balance of the compensation shall be paid in a lump
sum into the special compensation fund.
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(b)
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The director shall notify an injured employee
or the dependent widow, widower, reciprocal beneficiary, or children of the
injured employee of benefits to which such persons may be entitled in addition
to those provided pursuant to this chapter; provided that the notification
shall be solely for the purpose of informing the recipient of benefits that may
be available to the recipient; provided further that the content of the
notification shall be limited to information concerning services that are
offered by nonprofit entities.
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(c)
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The department may provide information to injured
employees and their families regarding nonstatutory programs or benefits
offered to injured employees or the families of injured employees by a
nonprofit organization; provided that the department shall not provide the
contact information of an injured employee to the nonprofit organization
without the express consent of the injured employee.
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(d)
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As used in this section, "family"
means the injured employee's spouse, reciprocal beneficiary, or child.
"
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SECTION
2
.
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Section
386-151, Hawaii Revised Statutes, is amended by amending subsection (b) to read
as follows:
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"(b)
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Every employer pursuant to an order made by
the director, shall pay into the fund the amounts specified in sections [
386-34(5)
]
386-34(a)(5)
and 386-41(d) under the conditions prescribed for such
payment.
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Whenever such amount is paid
into the fund and it is subsequently determined by the director, the appellate
board, or a court having jurisdiction that a dependent is entitled to benefits
excluding or diminishing the entitlement of the fund, the director, appellate
board, or court shall order the refund of the sum to which the fund is not
entitled and the director of finance as custodian shall immediately make such
refund upon receipt by the director of finance of a certified copy of this
order.
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In cases where an order of the
director ordering payment into the fund is reversed on appeal the employer is
relieved of any duty to make payments into the fund."
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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Workers'
Compensation; Injured Employee; Dependents; Benefits; Notification
Description:
Requires the
Director of Labor and Industrial Relations to notify an injured employee or
their dependents of benefits to which they may be entitled.
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Specifies notification requirements.
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Authorizes the Department of Labor and Industrial
Relations to provide information regarding nonstatutory programs and benefits
offered to injured employees and their families by nonprofit organizations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.