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Terms Used In Hawaii Revised Statutes 392-7

  • Disability: means total inability of an employee to perform the duties of the employee's employment caused by sickness, pregnancy, termination of pregnancy, organ donation, or accident other than a work injury as defined in § 386-3. See Hawaii Revised Statutes 392-3
  • Employer: means any individual or type of organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more individuals in employment during any day or portion of a day. See Hawaii Revised Statutes 392-3
  • Wages: means all remuneration for services from whatever source, including commissions, bonuses, tips or gratuities received in the course of employment from others than the employer to the extent that they are customary and expected in that type of employment and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 392-3
  • Weekly benefit amount: means the amount payable under this chapter for a period of continuous disability throughout a calendar week. See Hawaii Revised Statutes 392-3

The “average weekly wage” for the purpose of computing the weekly benefit amount shall be based upon the wages that the employee would receive from the employee’s employer except for the employee’s disability. In the case of salaried employees the “average weekly wage” shall be the weekly salary of the employee in the last week prior to the commencement of disability.