§386-86  Proceedings upon claim; hearings.  (a)  If a claim for compensation is made, the director shall make such further investigation as deemed necessary and render a decision within sixty days after the conclusion of the hearing awarding or denying compensation, stating the findings of fact and conclusions of law.  The director may extend the due date for decisions for good cause provided all parties agree.  The decision shall be filed with the record of the proceedings and a copy of the decision shall be sent immediately to each party.

     (b)  The hearing shall be informal and shall afford the parties a full and fair opportunity to present the facts and evidence to be considered.  Hearings under this section shall not be subject to chapter 91.  No stenographic or tape recording shall be allowed.

     (c)  The order of presentation shall not alter the burden of proof, including the burden of producing evidence and the burden of persuasion.  The party or parties who bear these burdens shall be determined by law consistent with the purposes of this section.

     (d)  Should the injured employee or injured employee's representative, or the employer or employer's representative fail to appear at the hearing, the director may issue a decision based on the information on file.  The decision shall be final unless appealed pursuant to section 386-87.  In all other circumstances, a decision shall not be rendered by the director without a hearing, which may not be waived by the parties.

     (e)  For the purpose of obtaining any matter, not privileged, which is relevant to the subject matter involved in the pending action, the director, upon application and for good cause shown, may order the taking of relevant testimony by deposition, upon oral examination, or written interrogatories, or by other means of discovery in the manner and effect prescribed by the Hawaii rules of civil procedure; provided that when the claimant's deposition is taken, the employer shall pay for the cost to the claimant of attending the deposition, any costs associated with having the deposition transcribed and copied, and any and all reasonable attorney's fees and costs incurred by the claimant with respect to the deposition.

     (f)  Subpoenas requiring the attendance of witnesses at a hearing before a hearings officer or for the taking of a deposition or the production of documentary evidence from any place within the State at any designated place of hearing may be issued by the director or a duly authorized representative.  The employer shall serve a claimant with a copy of a medical record subpoena unless the employer has previously obtained the claimant's authorization to examine the claimant's medical records.  Should the claimant subpoena medical records, the employer shall be served a copy.  The party subpoenaing the records shall provide these records within fifteen calendar days of their receipt to the employer, claimant, and the special compensation fund if a joinder has been filed, or their representatives.  These records shall be submitted by the party requesting the subpoena to the director within seven calendar days of the date of the notice of hearing or upon request by the director.  A party who desires to enforce the director's subpoena shall seek enforcement from a court of competent jurisdiction. [L 1963, c 116, pt of §1; Supp, §97-95; HRS §386-86; am L 1985, c 296, §8; am L Sp 2005, c 11, §8]

Law Journals and Reviews

  One-Sided Bargain?  Assessing the Fairness of Hawai‘i's Workers' Compensation Law.  31 UH L. Rev. 553 (2009).

Case Notes

  Where no lawful claim was filed with the director, director lacked the statutory authority either to award or to deny benefits to injured employee.  89 H. 411, 974 P.2d 51 (1999).