§386-56 Payment from the special
compensation fund in case of default. Where an injured employee or the
employee's dependents fail to receive prompt and proper compensation and this
default is caused through no fault of the employee, the director shall pay the
full amount of all compensation awards and benefits from the special
compensation fund to the employee or dependent.
The employer, upon order of the director, shall
reimburse the special compensation fund for the sums paid therefrom under this
section, and the fund, represented by the director, shall be subrogated to all
the rights and remedies of the individual receiving the payments.
In case a defaulting employer moves to another
state without reimbursing the special compensation fund, the director shall be
authorized to contract, on a contingent fee basis, with a private collection
agency in that state to effect collection from the employer. [L 1963, c 116, pt
of §1; Supp, §97-55; HRS §386-56; am L 1971, c 86, §1; am L 1985, c 296, §18;
gen ch 1985]
Notes of Decisions
Waltrip v. TS Enter., Inc., 398 P.3d 815 (Haw. 2016).
· cites it 4× “”); HRS § 386-56 (1993) (“Where an injured employee or the employee’s dependents fail to receive prompt and proper compensation and this default is caused through no fault of the employee, the director shall pay the full amount of all compensation awards and benefits from the…”
Fonseca v. Pac. Constr. Co., Ltd., 513 P.2d 156 (Haw. 1973).
· cites it 8× “This special compensation fund, as provided in HRS § 386-56 and §§ 386-151 through 155 (Supp.”
Amantiad v. Odum, 977 P.2d 160 (Haw. 1999).
· cites it 2× “) Similarly, HRS § 386-56 (1993), which provides for payment from the special compensation fund in the case of default, states in part: "Where an injured employee or the employee’s dependents fail to receive prompt and proper compensation and this default is caused through no…”
Crompton v. Tern Corp., 924 P.2d 169 (Haw. 1996).
· cites it 2× “HRS § 386-56 (1993), however, provides in pertinent part that: Where an injured employee or the employee’s dependents fail to receive prompt and proper compensation and this default is caused through no fault of the employee, the director shall pay the full amount of all…”
Pave v. Prod. Processing, Inc, 524 P.3d 355 (Haw. App. 2022).
· cites it 2× “HRS § 386-56 (2015). One benefit to which an injured worker may be entitled is compensation for permanent partial disability, or PPD, under HRS § 386-32(a) (Supp.”
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