Hawaii Revised Statutes

Haw. Rev. Stat. § 386-23 (2026)

  Services of attendant

✓ current as of July 2026
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     §386-23  Services of attendant.  When the director of labor and industrial relations finds that the service of an attendant for the injured employee is constantly necessary the director may award a monthly sum of not more than the product of four times the effective maximum weekly benefit rate prescribed in section 386-31, as the director may deem necessary, for the procurement of such service.  Payment for the services of an attendant shall be the liability of the employer, but shall be subject to the deductible under section 386-100. [L 1963, c 116, pt of §1; Supp, §97-22; HRS §386-23; am L 1971, c 25, §1; am L 1976, c 17, §1; am L 1985, c 296, §17; gen ch 1985]

 

Case Notes

 

  Section allows compensation for attendant care services so long as claimants can establish their inability to function or perform activities of daily living on a consistent basis.  83 H. 361, 926 P.2d 1284 (1996).

 

 

Notes of Decisions
Cited in 2 cases, 1996–2001 · leading case: Shipley v. Ala Moana Hotel, 926 P.2d 1284 (Haw. 1996).
Shipley v. Ala Moana Hotel, 926 P.2d 1284 (Haw. 1996). · cites it 22× “On appeal, Claimant contends that: (1) her attendant care services are “constantly necessary” and payable under HRS § 386-23; and (2) the LIRAB abused its discretion in ordering reimbursement.”
Tam v. Kaiser Permanente, 17 P.3d 219 (Haw. 2001). “The cost of conducting the medical examina *490 tion shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-23(c). 1995 Haw. Sess. L. Act 234, § 13 at 613.”
Haw. Rev. Stat. § 386-23(c): 1 case
Tam v. Kaiser Permanente, 17 P.3d 219 (Haw. 2001). “The cost of conducting the medical examina *490 tion shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-23(c). 1995 Haw. Sess. L. Act 234, § 13 at 613.”
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