C. Special
Compensation Fund
§386-151 Special compensation fund
established and maintained. (a) There is hereby created a trust fund to
be known as the special compensation fund which shall consist of payments made
to it as provided by law. The director of finance of the State shall be
custodian of the fund, and all disbursements therefrom shall be paid by the
director of finance upon orders by the director of labor and industrial
relations.
(b) Every employer pursuant to an order made
by the director, shall pay into the fund the amounts specified in sections
386-34(5) and 386-41(d) under the conditions prescribed for such payment.
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. 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.
(c) The director shall appoint annually a
certified public accountant to examine and audit all the books and records
relating to the special compensation fund and shall advise the director as to
the fund's solvency, including recommendations as to levies and charges
provided for in section 386-152 and the required level of funding. The
certified public accountant's fees for this service shall be paid out of the
special compensation fund. [L 1963, c 116, pt of §1; Supp, §97-140; HRS
§386-151; am L 1973, c 183, §1; gen ch 1985; am L 2013, c 100, §5]
Notes of Decisions
Waltrip v. TS Enter., Inc., 398 P.3d 815 (Haw. 2016).
· cites it 6× “2 See HRS § 386-151 (a) (1993) (“There is hereby created a fund to be known as the special compensation fund which shall consist of payments made to it as provided by law.”
Amantiad v. Odum, 977 P.2d 160 (Haw. 1999).
· cites it 4× “Our conclusion today finds further support in HRS § 386-151 (1993), 12 which bestows upon the Director of Labor the fiduciary *166 obligation of administering and maintaining the special compensation fund.”
De Victoria v. H & K Contractors, 545 P.2d 692 (Haw. 1976).
· cites it 4× “At this stage of the proceeding the Special Compensation Fund (established pursuant to HRS § 386-151) was made a party. [1] At the de novo hearing on the merits before the Board, claimant testified that he had suffered no back pain or apparent back disability prior to the 1966…”
Honda Ex Rel. Kamakana v. Bd. of Trs. of the Employees' Ret. Sys., 120 P.3d 237 (Haw. 2005).
· cites it 4× “2d 160, 174-75 (1999) (concluding that "HRS § 386-151 (1993) ... bestows upon the Director of Labor the fiduciary obligation of administering and maintaining the special compensation fund" even though the statute does not expressly refer to fiduciary duties).”
Fonseca v. Pac. Constr. Co., Ltd., 513 P.2d 156 (Haw. 1973).
· cites it 4× “This special compensation fund, as provided in HRS § 386-56 and §§ 386-151 through 155 (Supp. 1972), is financed by assessment of insurance carriers and self-insured employers and pays benefits in the event of default by an employer or an employer's insurance carrier.”
Cuarisma v. Urban Painters, Ltd., 583 P.2d 321 (Haw. 1978).
· cites it 2× “Thereafter the weekly payments are to be made by the special compensation fund created by HRS § 386-151. Appellants do not contest the award for permanent total disability or the fact of disfigurement, but contend that an award for disfigurement cannot be made in addition to an…”
Crompton v. Tern Corp., 924 P.2d 169 (Haw. 1996).
· cites it 2× “gent liability of general contractors was to protect the special compensation fund feature of the workers’] compensation system, rather than to enable a general contractor to escape third-party liability for its own negligence.”
Emp. Ben. Comm., Etc. v. Pascoe, 504 F. Supp. 958 (D. Haw. 1980).
“§ 386-151, is funded by contributions made by employers as required by other provisions of the law.”
Survivors of Paul Jokiel v. Univ. of Hawaii., 153 Haw. 255 (Haw. App. 2023).
· cites it 2× “HRS § 386-151(a) (2015). It is funded by annual levies upon workers' compensation insurers, HRS § 386-153 (2015), and uninsured employers and self-insurance groups, HRS § 386-154 (2015).”
Pave v. Prod. Processing, Inc, 524 P.3d 355 (Haw. App. 2022).
· cites it 2× “HRS § 386-151(a) (2015). It is funded by annual levies upon workers compensation insurers, HRS § 386-153 (2015), and uninsured employers and self-insurance groups, HRS § 386-154 (2015).”
Garcia v. Fernandez (Haw. App. 2020).
“oyer fails to comply with section 386-121, the employer shall be liable for a penalty of not less than $250 or of $10 for each employee for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name…”
— Haw. Rev. Stat. § 386-151(a) — 3 cases
Waltrip v. TS Enter., Inc., 398 P.3d 815 (Haw. 2016).
“2 See HRS § 386-151 (a) (1993) (“There is hereby created a fund to be known as the special compensation fund which shall consist of payments made to it as provided by law.”
Survivors of Paul Jokiel v. Univ. of Hawaii., 153 Haw. 255 (Haw. App. 2023).
“HRS § 386-151(a) (2015). It is funded by annual levies upon workers' compensation insurers, HRS § 386-153 (2015), and uninsured employers and self-insurance groups, HRS § 386-154 (2015).”
Pave v. Prod. Processing, Inc, 524 P.3d 355 (Haw. App. 2022).
“HRS § 386-151(a) (2015). It is funded by annual levies upon workers compensation insurers, HRS § 386-153 (2015), and uninsured employers and self-insurance groups, HRS § 386-154 (2015).”
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