Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 11 - TEMPORARY DISABILITY INSURANCE
Subchapter 3 - BENEFITS AND CLAIMS PROCEDURES
Section 12-11-41 - Denial of claim

Universal Citation: HI Admin Rules 12-11-41

Current through August, 2024

(a) If an employee's claim for benefits is denied in whole or in part by the employer or employer's disability benefits carrier, a copy of the notice of denial, in the form prescribed by the director, shall be sent to the department. The department shall review the denial within ten days of receipt and request the employer or insurer to reconsider the denial if it considers it to be erroneous, without proper legal basis, or without sufficient evidence. If the employer or insurer still decides to deny disability benefits, the employee and the department shall be so notified.

(b) If an employee desires a review of any action of the claim for benefits, the employee shall file with the director two copies of the notice of denial, the employee's request for appeal, and a statement in duplicate giving specific reasons for the request. The request for appeal shall be filed within twenty days from the date denial was mailed to the claimant. The appeal shall be filed at the office of the department in the county in which the claimant resides or in the county in which the claimant was employed prior to the disability. The director shall forthwith notify the employer or the employer's disability benefits carrier or the special fund for disability benefits, as the case may be, of the claimant's request for appeal, enclosing a copy of the claimant's statement of reasons therefor. Determination of the appeal shall be made in accordance with the provisions of Part V of chapter 392, Hawaii Revised Statutes.

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