Enforcement of decisions awarding compensation; judgment rendered thereon
HRS §386-91
in effect386-91. Enforcement of decisions awarding compensation; judgment rendered thereon
(a) Any party in interest or the director may file in the circuit court in the jurisdiction in which the injury occurred, a certified copy of:
(1) A decision of the director assessing penalties,
or awarding compensation or other relief, including attorneys fees, from which
no appeal has been taken within the time allowed therefor;
(2) A decision of the director assessing penalties,
or awarding compensation or other relief, including attorneys fees, from which
decision an appeal has been taken but as to which no order has been made by the
director or the appellate board or the court that the appeal therefrom shall
operate as a supersedeas or stay;
(3) A decision of the appellate board assessing
penalties, or awarding compensation or other relief, including attorneys fees,
from which no appeal has been taken within the time allowed therefor; or
(4) A decision of the appellate board assessing
penalties, or awarding compensation or other relief, including attorneys fees,
from which an appeal has been taken but as to which no order has been made by
the appellate board or the court that the appeal therefrom shall operate as a
supersedeas or stay.
The court shall render a judgment in accordance
with the decision and notify the parties thereof. The judgment shall have the
same effect, and all proceedings in relation thereto shall thereafter be the
same, as though the judgment had been rendered in an action duly heard and
determined by the court, except that there shall be no appeal therefrom.
(b) In all cases where an appeal from the
decision concerned has been taken within the time provided therefor, but where
no order has been made by the director or the appellate board or the court that
the appeal shall operate as a supersedeas or stay, the decree or judgment of
the circuit court shall provide that the decree or judgment shall become void
if the decision or award of the director or appellate board, as the case may
be, is finally set aside.
(c) In addition to the enforcement remedies
set forth in subsection (a) above, the director or employee as part of the
proceedings set out therein may ask the court to fine the employer from one per
cent to five per cent of the judgment, which fine shall be payable to the
employee:
(1) When the employer does not take an appeal from
the decision of the director within the time allowed therefor and does not
commence making payments within ten days after such appeal period has expired;
(2) When the employer does take an appeal from the
decision of the director within the time allowed therefor and the employer does
not request from the appellate board a supersedeas or stay of the decision and
the employer does not commence making payments within ten days after such
appeal period has expired; or
(3) When the employer does take an appeal from the
decision of the director within the time allowed therefor and the appellate
board denies the employer's request for supersedeas or stay and the employer
does not commence making payments within ten days after such a denial by the
appellate board.
(d) In addition to the enforcement remedies
set forth in subsection (a) above, the employer as part of the proceedings set
out therein may ask the court to fine the employee from one per cent to five
per cent of the judgment, which fine shall be payable to the employer:
(1) When the employee does not take an appeal from
the decision of the director within the time allowed therefor and does not
commence making payments within thirty days after such appeal period has
expired;
(2) When the employee does take an appeal from the
decision of the director within the time allowed therefor and the employee does
not request from the appellate board a supersedeas or stay of the decision and
the employee does not commence making payments within thirty days after such
appeal period has expired; or
(3) When the employee does take an appeal from the
decision of the director within the time allowed therefor and the appellate
board denies the employee's request for supersedeas or stay and the employee
does not commence making payments within thirty days after such a denial by the
appellate board.
[L 1963, c 116, pt of §1; Supp, §97-100; HRS §386-91; am L
1972, c 3, §1; am L 1979, c 66, §3; am L 1993, c 255, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0091.htmFetched: 11/10/2026