Hawaii Revised Statutes

Haw. Rev. Stat. § 88-82 (2026)

✓ current as of July 2026

Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§88-82 Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs. (a) A member or applicant who is not satisfied with the preliminary decision of the board to grant or deny an application for disability retirement benefits or accidental death benefits based on the certifications and findings of the medical board may file a petition for contested case hearing with the board within sixty days after receiving written notification of the preliminary decision of the board.

(b) If the member or applicant is the prevailing party in the contested case, and disability retirement or accidental death benefits are awarded to the member or applicant by the board or court of the appropriate jurisdiction under section 88-75, 88-79, 88-85, 88-284, 88-285, 88-286(c), 88-334, 88-336, or 88-339, the member or applicant shall be paid reasonable attorney's fees together with any costs payable by the system. The attorney's fees and costs shall be subject to the approval of the board or approval by a court of appropriate jurisdiction after evidence has been provided by the member or applicant regarding the reasonableness of the claimed attorney's fees and costs. [L 1964, c 53, pt of §2; Supp, pt of §6-68.5; am L 1967, c 173, §1; pt of HRS §88-73; am L 1969, c 110, pt of §1; am L 1989, c 114, §1; am L 1998, c 151, §8; am L 2004, c 179, §11; am L 2009, c 121, §2]

Attorney General Opinions

Board of trustees, after hearing on appeal from medical board's decision, may overrule any decision or recommendation which the medical board is authorized to make. Att. Gen. Op. 81-8.

Case Notes

Appeal to trustees is a contested case within meaning of §91-1(5), and the administrative procedure act is applicable, including the due process provision of §91-9. 52 H. 212, 473 P.2d 866.

Mentioned: 74 H. 181, 840 P.2d 367.

Notes of Decisions

Cited in 5 cases, 1970–2007 · leading case: Mortensen v. Bd. of Trs. of the Employees' Ret. Sys., 473 P.2d 866 (Haw. 1970).

Sort: Relevance Newest Treatment

Mortensen v. Bd. of Trs. of the Employees' Ret. Sys., 473 P.2d 866 (Haw. 1970). · cites it 12× “This decision was appealed to the Board of Trustees pursuant to rules promulgated under HRS § 88-73 (1968) (now, as amended, included in HRS § 88-82 (Supp. 1969)). The Board of Trustees rejected the Medical Board’s finding that the disability was not the result of an accident…”

Sifagaloa v. Bd. of Trs. of the Employees' Ret. Sys., 840 P.2d 367 (Haw. 1992). · cites it 4× “Sifagaloa timely appealed the Medical Board’s decision to the Trustees pursuant to HRS § 88-82 (1985). On May 5 and 17,1988, the Trustees conducted hearings regarding Sifagaloa’s appeal.”

E & J Lounge Operating Co. v. Liquor Comm'n of Honolulu, 174 P.3d 367 (Haw. App. 2007). · cites it 4× “HRS § 88-82 (1993 & Supp.2006). Similarly, HRS § 386-86 (Supp.”

Shizue Inouye v. Bd. of Trs. of the Employees' Ret. Sys., 669 P.2d 638 (Haw. App. 1983). · cites it 2× “See HRS § 88-82; Rules and Regulations of the Employees’ Retirement System § 6-23-4.”

Preble v. Bd. of Trs., 143 P.3d 37 (Haw. 2006). · cites it 2× “88 (concerning pension and retirement systems) as a whole, the express attorney’s fees and costs provision in HRS § 88-82 (Supp.2004), concerning appeals from the Board-appointed medical board (“If, in the event of an appeal of a decision of the medical board, retirement…”

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.