§386-94 Attorneys, physicians, other health
care providers, and other fees. Claims for services shall not be valid
unless approved by the director or, if an appeal is had, by the appeals board
or court deciding the appeal. Any claim so approved shall be a lien upon the
compensation in the manner and to the extent fixed by the director, the appeals
board, or the court.
In approving fee requests, the director,
appeals board, or court may consider factors such as the attorney's skill and
experience in state workers' compensation matters, the amount of time and
effort required by the complexity of the case, the novelty and difficulty of
issues involved, the amount of fees awarded in similar cases, benefits obtained
for the claimant, and the hourly rate customarily awarded attorneys possessing
similar skills and experience. In all cases, reasonable attorney's fees shall be
awarded.
Any person who receives any fee, other
consideration, or gratuity on account of services so rendered, without
approval, in conformity with the preceding paragraph, shall be fined by the
director no more than $25,000. [L 1963, c 116, pt of §1; Supp, §97-103; HRS
§386-94; am L 1985, c 296, §6; am L 1988, c 37, §2; am L 1993, c 301, §1; am L
Sp 2005, c 11, §9; am L 2020, c 44, §7]
Case Notes
The disability compensation division of the department of
labor and industrial relations must set forth its reasons for reducing an
attorney's fee request for appropriate appeals board and possible judicial
review of the reduction pursuant to §91-14; the format of an order reducing
attorney's fees and/or costs need only be sufficient to enable appropriate
review for abuse of discretion. 132 H. 320, 321 P.3d 671 (2014).
The intermediate court of appeals did not err in concluding
that the disability compensation division of the department of labor and
industrial relations was not required to hold a contested case hearing on
petitioner's request to reopen petitioner's attorney's fees and costs request.
132 H. 320, 321 P.3d 671 (2014).
Notes of Decisions
Lindinha v. Hilo Coast Processing Co., 86 P.3d 973 (Haw. 2004).
· cites it 9× “If the claimant successfully opposes an employer’s appeal, the employer is required to pay attorney’s fees and costs which would otherwise be deducted from the claimant’s award, see HRS § 386-94 (1993) (claims for attorney’s fees and costs must be approved by the Director, or if…”
In re Attorney's Fees to McLaren v. Paradise Inn Hawaii, Inc., 321 P.3d 671 (Haw. 2014).
· cites it 13× “” Finally, McLaren argued that it was impossible for anyone at DCD to satisfy the evaluation required by HRS § 386-94 and *326 HAR § 12-10-69 without first convening a hearing to review the entire claim, including the attorney’s skill, experience, and particulars of the case.”
Survivors of Iida v. Oriental Imports, Inc., 935 P.2d 105 (Haw. App. 1997).
· cites it 4× “HRS § 386-94, which has no bearing on the timeliness of a request, discusses the agency authority following the filing of a request for attorney’s fees and costs: "Claims for services shall not be valid unless approved by the director or, if an appeal is had, by the appellate…”
Botelho v. Atlas Recycling Ctr., LLC. (Haw. 2020).
· cites it 128× “2 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** With regard to Masui’s first question on certiorari, we hold that HRS § 386-94 (Supp. 2005) authorizes LIRAB to amend an attorney’s requested hourly rate in awarding reasonable attorney’s fees.”
Chiang v. The Ritz-Carlton Hotel Co (Haw. App. 2025).
· cites it 3× “2/ HRS § 386-94 (Supp. 2020) states in part that an attorney's "[c]laims for services shall not be valid unless approved by the [D]irector or, if an appeal is had, by the appeals board or court deciding the appeal.”
Scarlett v. Macy's West Stores, Inc. (Haw. App. 2024).
“Cheng's request for approval of attorneys' fees and costs, as set forth in his "Amended Request for Approval of Attorney's Fees Pursuant to Section 386-94, Hawaii Revised Statutes" filed on October 23, 2023, is granted.”
— Haw. Rev. Stat. § 386-94(1993) — 1 case
Survivors of Iida v. Oriental Imports, Inc., 935 P.2d 105 (Haw. App. 1997).
“HRS § 386-94, which has no bearing on the timeliness of a request, discusses the agency authority following the filing of a request for attorney’s fees and costs: "Claims for services shall not be valid unless approved by the director or, if an appeal is had, by the appellate…”
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