Appealing a Denied Workers' Comp Claim in Hawaii
The deadline to challenge a denied workers' comp claim in Hawaii, where to file, and the steps from hearing to appeal.
Short answer: A decision of the Director of Labor and Industrial Relations becomes final unless a party files a written notice of appeal with the Labor and Industrial Relations Appeals Board (or with the department) within 20 days after a copy of the decision was sent to the parties. Haw. Rev. Stat. §§ 386-87(a), 386-88
| Deadline to challenge a denial | A decision of the Director of Labor and Industrial Relations becomes final unless a party files a written notice of appeal with the Labor and Industrial Relations Appeals Board (or with the department) within 20 days after a copy of the decision was sent to the parties. The Appeals Board's decision may then be appealed to the Intermediate Court of Appeals within 30 days after a certified copy of the decision or order is mailed. |
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| Appealing a denial | Issues that cannot be resolved by agreement go to a hearing before the Disability Compensation Division (request it with Form WC-77, Application for Hearing), which issues a decision. A party who disagrees must file a written appeal with the Labor and Industrial Relations Appeals Board, or at the nearest Division office, within 20 days of the mailing of the decision; a postmark by the deadline is not enough. |
Where to get help in Hawaii
More Hawaii workers' compensation
- Filing a Workers' Comp Claim in Hawaii
- How Much Workers' Comp Pays in Hawaii
- Workers' Comp Settlements in Hawaii
- Retaliation for Filing Workers' Comp in Hawaii
- Suing Over a Work Injury in Hawaii
- All Hawaii workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Hawaii?
A decision of the Director of Labor and Industrial Relations becomes final unless a party files a written notice of appeal with the Labor and Industrial Relations Appeals Board (or with the department) within 20 days after a copy of the decision was sent to the parties. The Appeals Board's decision may then be appealed to the Intermediate Court of Appeals within 30 days after a certified copy of the decision or order is mailed.
How do you appeal a denied workers' comp claim in Hawaii?
Issues that cannot be resolved by agreement go to a hearing before the Disability Compensation Division (request it with Form WC-77, Application for Hearing), which issues a decision. A party who disagrees must file a written appeal with the Labor and Industrial Relations Appeals Board, or at the nearest Division office, within 20 days of the mailing of the decision; a postmark by the deadline is not enough.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.