§386-83 When claim within specified time is
unnecessary or waived. (a) If payments of income and indemnity benefits
have been made voluntarily by the employer, the making of a claim within the
time prescribed in section 386-82 shall not be required. No such payments
shall be deemed to have been made if the payments are in the nature of a gift
and not intended as compensation, or are made by welfare or benefit
organizations operating under direction or control of the employer, or are for
medical, surgical, or hospital services and supplies, or are made as wages during
periods of partial or total disability if the employer notifies the director of
labor and industrial relations at the time in writing that such payments of
wages are not in lieu of and shall not be considered as compensation.
(b) Unless the employer is prejudiced thereby,
failure to make a claim within the time prescribed in section 386-82 shall not
bar a claim to compensation if objection to such failure is not raised at the
first hearing on the claim of which the employer is given reasonable notice and
opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-92; HRS §386-83]
Case Notes
Payment of wages for work actually performed by employee on
hourly wage basis is not payment of compensation for injuries. 54 H. 98, 503
P.2d 434 (1972).
Where employer objects at first hearing to the delay in
filing, there is no waiver of limitation period, notwithstanding employer might
have indicated, prior to hearing an intent to waive the limitation period. 54
H. 98, 503 P.2d 434 (1972).
Tolling of limitation period. 2 H. App. 136, 627 P.2d 288
(1981).
Cited: 24 H. 97, 101 (1917); 24 H. 731, 738 (1919).
Notes of Decisions
Asato v. Meadow Gold Dairies-Hawaii, 706 P.2d 13 (Haw. 1985).
· cites it 12× “3 HRS § 386-83(6) states: Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is…”
Demond v. Univ. of Hawaii, 503 P.2d 434 (Haw. 1972).
· cites it 3× “HRS § 386-83 (b) sets forth circumstances in which an employer may be deemed to have waived the limitation period: (b) Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if…”
Kalapodes v. E. E. Black, Ltd., 669 P.2d 635 (Haw. 1983).
· cites it 2× “HRS § 386-83(a). Nothing in its joinder rules prevents the Appeals Board from joining as an additional party to a permanent disability hearing an employer who has already compensated the employee for temporary disability.”
Chung v. Food Pantry, Ltd., 627 P.2d 288 (Haw. App. 1981).
· cites it 2× “…at HRS § 386-31(b). 5 Current version at HRS § 386-32(a). 6 Current version at HRS § 386-82. 7 Current version at HRS § 386-83.”
Kawamoto v. NHC, INC., 218 P.3d 386 (Haw. App. 2009).
· cites it 2× “Moreover, HRS § 386-83 (b) (1993) provides that "[u]nless the employer is prejudiced thereby," the claimant's failure to make a claim within the applicable statute of limitations "shall not bar a claim of compensation if objection to such failure is not raised at the first…”
— Haw. Rev. Stat. § 386-83(6) — 1 case
Asato v. Meadow Gold Dairies-Hawaii, 706 P.2d 13 (Haw. 1985).
“3 HRS § 386-83(6) states: Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is…”
— Haw. Rev. Stat. § 386-83(a) — 1 case
Kalapodes v. E. E. Black, Ltd., 669 P.2d 635 (Haw. 1983).
“HRS § 386-83(a). Nothing in its joinder rules prevents the Appeals Board from joining as an additional party to a permanent disability hearing an employer who has already compensated the employee for temporary disability.”
— Haw. Rev. Stat. § 386-83(b) — 1 case
Asato v. Meadow Gold Dairies-Hawaii, 706 P.2d 13 (Haw. 1985).
“3 HRS § 386-83(6) states: Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is…”
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