Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 10 - WORKERS COMPENSATION
Subchapter 5 - MEDICAL STABILIZATION
Section 12-10-100 - Determination of medical stabilization

(a) Preliminary determination of an injured employee's medical stability shall be made by the director upon request as provided in section 12-10-101, based upon a review of medical records and reports and other relevant evidence. The director may request from any party any additional information or consult with health care experts as the director deems necessary to determine the medical stability and ability to return to work of an injured employee.

(b) The director shall issue a preliminary decision upon determining an injured employee's medical condition has stabilized and the employee is unable to return to the employee's regular job.

(c) Any employee who has effected a compromise pursuant to section 386-78, HRS, shall not be entitled to a preliminary decision.

(d) A preliminary decision shall not be made when compensability of the injury is an unresolved issue unless both parties petition the director for a preliminary decision.

(e) Any injured employee who has elected not to participate in a vocational rehabilitation program shall be issued a preliminary decision upon reaching medical stabilization, and unless the review of medical reports and other relevant evidence indicate otherwise, the employee shall be deemed able to resume the employee's regular job.