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

Haw. Rev. Stat. § 386-73 (2026)

  Original jurisdiction over controversies

✓ current as of July 2026
Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

     §386-73  Original jurisdiction over controversies.  Unless otherwise provided, the director of labor and industrial relations shall have original jurisdiction over all controversies and disputes arising under this chapter.  The decisions of the director shall be enforceable by the circuit court as provided in section 386-91.  There shall be a right of appeal from the decisions of the director to the appellate board and thence to the intermediate appellate court, subject to chapter 602, as provided in sections 386-87 and 386-88, but in no case shall an appeal operate as a supersedeas or stay unless the appellate board or the appellate court so orders. [L 1963, c 116, pt of §1; Supp, §97-72; HRS §386-73; am L 1969, c 244, §2b; am L 1979, c 111, §18; am L 2004, c 202, §42; am L 2006, c 94, §1; am L 2010, c 109, §1]

 

Cross References

 

  Appeal, see chapter 91.

 

Rules of Court

 

  Appeal to supreme court, stay, see Hawaii Rules of Appellate Procedure.

 

Case Notes

 

  This section and §386-88 supersede §91-14 and remove the circuit court from the appellate process with regard to proceedings brought under chapter 386.  53 H. 640, 500 P.2d 746 (1972).

  "Independent system of legal relations" in this chapter debars declaratory relief under chapter 632.  64 H. 380, 641 P.2d 1333 (1982).

  Section does not deprive circuit court of subject matter jurisdiction over common law tort claims not based on the original work injury.  83 H. 457, 927 P.2d 858 (1996).

  Where claimant's common law tort claims against employer's insurer did not arise under this chapter, director did not have original jurisdiction under this section.  83 H. 457, 927 P.2d 858 (1996).

  Where claimant's complaint raised a "controversy or dispute under this chapter" over which the director had original jurisdiction, summary judgment properly granted by circuit court as court was without jurisdiction over claim.  83 H. 457, 927 P.2d 858 (1996).

  A settlement or compromise of future workers' compensation benefits constitutes a controversy or dispute within the original jurisdiction of the director of labor and industrial relations under this section.  90 H. 152, 977 P.2d 160 (1999).

  Under §386-8, this section, and Hawaii administrative rule §12-10-31, a settlement or compromise of future workers' compensation benefits cannot be valid or binding without the consent or approval of the director of labor and industrial relations.  90 H. 152, 977 P.2d 160 (1999).

  Where plaintiff's claims did not arise under this chapter, the exclusive remedy and original jurisdiction provisions in the workers' compensation statute did not apply, and where plaintiff's claims for relief of tortious conduct on the part of workers' compensation insurer were not within the original jurisdiction of the labor director, trial court erred in granting summary judgment on that basis.  90 H. 407, 978 P.2d 845 (1999).

  This section and §386-87 set forth the right to appeal from the decisions of the director in workers' compensation cases and it gives a party the right to appeal the decision of the director in a medical fee dispute to the labor and industrial relations appeals board; thus, the no-appeal provision of Hawaii administrative rule §12-15-94(d) was invalid as inconsistent with this chapter, and the director exceeded the director's rulemaking authority in making the director's decisions in medical fee disputes final and non-appealable.  120 H. 101 (App.), 201 P.3d 614 (2009).

  Where employee appealed the director of labor and industrial relations' (director) decision, which deferred determination of compensability on employee's workers' compensation claim until employee complied with the ordered independent medical examination, the labor and industrial relations appeals board (LIRAB) was required to exercise jurisdiction over the appeal because the LIRAB's failure to review the director's decision until entry of a final decision on employee's entitlement to benefits would deprive employee of adequate relief.  134 H. 99 (App.), 332 P.3d 701 (2014).

  Cited:  24 H. 731, 736 (1919).

 

 

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1972–2025 · leading case: Alaka'i Na Keiki, Inc. v. Matayoshi, 277 P.3d 988 (Haw. 2012).
Sort: Relevance Newest Treatment
Alaka'i Na Keiki, Inc. v. Matayoshi, 277 P.3d 988 (Haw. 2012). · cites it 28× “This court determined that declaratory relief was not available because the law already provides for judicial review in workers' compensation cases, by way of HRS § 386-73. Pursuant to HRS § 386-73 (Supp.”
Amantiad v. Odum, 977 P.2d 160 (Haw. 1999). · cites it 20× “6 In his written pleadings, Amantiad argued in support of his Rule 60(b) motion that the circuit court lacked jurisdiction, because: (1) the Director of Labor retains original jurisdiction, pursuant HRS § 386-73 (1993), over a waiver or wash of future workers’ compensation…”
State v. Harada, 41 P.3d 174 (Haw. 2002). · cites it 8× “2d 160, 171 (1999) (applying maxim of expressio unius est exclusio alterius to HRS § 386-73, stating that "`original court action to settle controversies involving the workers' compensation law'" were precluded, and that the circuit court was relegated "`to a secondary role'")…”
Tauese v. State, Dep't of Labor & Indus. Relations, 147 P.3d 785 (Haw. 2006). · cites it 6× “” Nonetheless, the court found that “assuming for the moment in spite of HRS § 386-73 [ (1993) 7 ] ... [it] ha[d] the legal authority to pass on the constitutionality of HRS § 386-98, .”
Jou v. Hamada, 201 P.3d 614 (Haw. App. 2009). · cites it 23× “We conclude that the Director’s no-appeal rule is inconsistent with the statutory right granted to parties to appeal the Director’s decisions under HRS §§ 386-73 and 386-87. We hold that: 1) the provision prohibiting appeal of the Director’s decisions in HAR § 12-15-94(d) is…”
Hough v. Pac. Ins. Co., Ltd., 927 P.2d 858 (Haw. 1996). · cites it 10× “Pacific also argues that HRS § 386-73 deprives the circuit court of jurisdiction.”
Travelers Ins. v. Hawaii Roofing, Inc., 641 P.2d 1333 (Haw. 1982). · cites it 10× “analysis begins, as it must when statutory interpretation is entailed, with the express provision covering the Director’s authority to determine disputes arising under the workers’ compensation law, HRS § 386-73, which reads: Original jurisdiction over controversies.”
Jou v. Nat'l Interstate Ins. Co. of Haw., 157 P.3d 561 (Haw. App. 2007). · cites it 4× “The carrier argued that the employee’s bad faith claim was barred by Hawaii Revised Statutes (HRS) § 386-5, the exclusivity provision of the Hawai'i workers’ compensation law, and by HRS § 386-73, which gives the Director original jurisdiction over all controversies and disputes…”
De Victoria v. H & K Contractors, 545 P.2d 692 (Haw. 1976). · cites it 4× “8 of the Committee on Judiciary of the House of Representatives, 1961 House Journal, Regular Session, 653, 654.”
In re Attorney's Fees to McLaren v. Paradise Inn Hawaii, Inc., 321 P.3d 671 (Haw. 2014). · cites it 4× “McLaren also stated that he interpreted the DCD Administrator’s letter to mean that the Director had waived his right to exercise his authority pursuant to HRS § 386-73 5 over MeLaren’s request for a hearing and that there would be no hearing scheduled in response to his request.”
Catron v. Tokio Marine Mgmt., Inc., 978 P.2d 845 (Haw. 1999). · cites it 4× “HRS § 386-73 (1993) provides that “[u]n-less otherwise provided, the director of labor and industrial relations shall have original jurisdiction over all controversies and disputes arising under this chapter.”
Burke v. Cnty. of Maui, 22 P.3d 84 (Haw. 2001). · cites it 2× “On March 13, 2000, the County filed a memorandum in opposition to Burke’s petition on the ground that the matter was within the jurisdiction of the DLIR pursuant to HRS §§ 386-73 and 386—31(b), and, thus, Burke was barred from commencing an action in the circuit court until she…”
Show all 27 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.