(a) Effective January 1, 1992, and January 1 of every tenth year thereafter, any employee whose date of work injury is before January 1, 1992, and January 1 of every tenth year thereafter, and who is at any time after the work injury determined to be permanently and totally disabled shall be paid, without application, a supplemental allowance by the responsible employer calculated in accordance with the following provisions:

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Terms Used In Hawaii Revised Statutes 386-35

  • Compensation: means all benefits accorded by this chapter to an employee or the employee's dependents on account of a work injury as defined in this section; it includes medical and rehabilitation benefits, income and indemnity benefits in cases of disability or death, and the allowance for funeral and burial expenses. See Hawaii Revised Statutes 386-1
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 386-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 386-1
  • Disability: means loss or impairment of a physical or mental function. See Hawaii Revised Statutes 386-1
  • Employee: means any individual in the employment of another person. See Hawaii Revised Statutes 386-1
  • Employer: means any person having one or more persons in the person's employment. See Hawaii Revised Statutes 386-1
  • Good cause: means a substantial reason amounting in law to be a legal excuse for failing to perform an act required by law considered under the circumstances of the individual case. See Hawaii Revised Statutes 386-1
  • Work injury: means a personal injury suffered under the conditions specified in § 386-3. See Hawaii Revised Statutes 386-1
(1) In any case where the employee is entitled to receive the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount which when added to the benefit will equal the maximum weekly benefit as of January 1, 1992, and January 1 of every tenth year thereafter; or
(2) In any case where the employee is entitled to receive less than the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January 1, 1992, and January 1 of every tenth year thereafter, multiplied by the ratio of the employee’s weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury, minus the employee’s current weekly income benefit.
(b) The employer shall be entitled to reimbursement from the special compensation fund for the additional amount paid under subsection (a). Requests for reimbursements shall be filed annually with the department by January 31 of the subsequent calendar year. The director shall disapprove requests that are not filed properly or not filed in a timely manner, except for good cause shown.
(c) Effective January 1, 1992, and January 1 of every tenth year thereafter, any employee whose date of work injury is before January 1, 1992, and January 1 of every tenth year thereafter, and who is at any time after the work injury determined to be permanently and totally disabled, and who is further being paid weekly income benefits for permanent total disability by the special compensation fund shall be paid, without application, a supplemental allowance in accordance with the following provisions:

(1) In any case where the employee is entitled to receive the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount which when added to the benefit will equal the maximum weekly benefit as of January 1, 1992, and January 1 of every tenth year thereafter;
(2) In any case where the employee is entitled to receive less than the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January 1, 1992, and January 1 of every tenth year thereafter, multiplied by the ratio of the employee’s current weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury, minus the employee’s current weekly income benefit;
(3) In any case where the employee is entitled to receive weekly benefits at a fifty per cent rate, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January 1, 1992, and January 1 of every tenth year thereafter, multiplied by twice the ratio of the employee’s current weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury minus the employee’s current weekly income benefit; or
(4) In any case where the employee is no longer receiving weekly benefits, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January 1, 1992, and January 1 of every tenth year thereafter, multiplied by the ratio of the employee’s last weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury.
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