Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 386
Hawaii Revised Statutes

Haw. Rev. Stat. § 386-161 (2026)

  Who entitled to compensation

✓ current as of July 2026
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PART V.  APPLICABILITY TO HAWAII GUARD, VOLUNTEER PERSONNEL

AND PUBLIC BOARD MEMBERS

 

A.  Hawaii Guard

 

     §386-161  Who entitled to compensation.  If a member of the Hawaii national guard or Hawaii state defense force suffers a personal injury arising out of and in the performance of the member's duty therein, compensation shall be paid to the member or the member's dependents by the State for such injury in the manner and in the amounts provided for in this chapter; provided that if in any case arising after May 10, 1951, any such member or the member's dependents receive compensation from the federal government by reason of such injury, the amount of the compensation shall be deducted from the amount which may thereafter become due from the State. [L 1963, c 116, pt of §1; Supp, §97-150; HRS §386-161; gen ch 1985; am L 1988, c 135, §1]

 

Case Notes

 

  Does not exclude members of the Hawaii National Guard from receiving benefits under state workers' compensation because the members were on federal active duty.  72 H. 157, 809 P.2d 1136 (1991).

 

Notes of Decisions
Cited in 2 cases, 1991–1994 · leading case: Kaya v. State, 809 P.2d 1136 (Haw. 1991).
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Kaya v. State, 809 P.2d 1136 (Haw. 1991). · cites it 15× “HRS § 386-161 states: Who entitled to compensation.”
Daniels v. Missouri Army Nat'l Guard, 902 S.W.2d 301 (Mo. Ct. App. 1994). “” § 41.900 RSMo. Unlike Missouri’s statute, the Hawaiian statute does not specifically require the injury to occur during active state duty.”
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