Section 18-235-1.12 - "Person totally disabled", certification of(a) The disability of a person claiming to be totally disabled must be certified in a three-step process: (1) There must be a medical determination that the person is totally disabled, either physically or mentally;(2) The disability must be permanent; and(3) There must be a determination that the permanent and total disability results in the person's inability to engage in any substantial gainful business or occupation.(b) The disability shall be certified by: (1) A physician licensed under chapters 453 or 460, HRS, or both;(2) A qualified out-of-state physician who is currently licensed to practice in the state in which the physician resides; or(3) A commissioned medical officer with the United States Army, Navy, Marine Corps, or Public Health Service, engaged in the discharge of one's official duty.(c) Certification shall be on forms prescribed by the department of taxation.Haw. Code R. § 18-235-1.12
[Eff 2/16/82; am 9/3/94; am and ren § 18-235-1.12 8/28/98] (Auth: HRS §§ 231-3(9), 235-118) (Imp: HRS §§ 235-1, 237-17, 237-24(13))