Credit for voluntary payments and supplies in kind
HRS §386-52
in effect386-52. Credit for voluntary payments and supplies in kind
(a) Any payments made by the employer to the injured employee during the employee's disability or to the employee's dependents which by the terms of this chapter were not payable when made, shall be deducted from the amount payable as compensation subject to the approval of the director; provided that:
(1) The employer notifies the injured employee and
the director in writing of any such credit request stating the reasons for such
credit and informing the injured employee that the employee has the right to
file a written request for a hearing to submit any evidence to dispute such a
credit;
(2) The deduction shall be made by shortening the
period during which the compensation must be paid, or by reducing the total
amount for which the employer is liable and not the amount of weekly benefits;
(3) If overpayment cannot be credited, the director
shall order the claimant to reimburse the employer. Failure to reimburse the
employer shall entitle the employer to file for enforcement of such a decision
in accordance with section 386-91.
(b) If the employer continues to furnish to
the injured employee, during the employee's disability, or to the employee's
dependents, during their entitlement to weekly benefits, board, lodging, fuel,
and other advantages the value of which has been included in the calculation of
wages as provided in section 386-1, the furnishing of such advantages may be
considered as payment in kind of that portion of the compensation which is
based on such remuneration in kind; but if at any time during the compensation
period the employer ceases to furnish such advantages, no further deduction of
the value of such advantages as payment in kind from the compensation shall be
permissible.
[L 1963, c 116, pt of §1; Supp, §97-51; HRS §386-52; am L 1979, c
66, §2; gen ch 1985]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0052.htmFetched: 11/10/2026