Haw. Rev. Stat. § 386-3
Accident arising out of and in the course of the employment includes the wilful act of a third person directed against an employee because of the employee's employment.
HRS § 386-3
Attorney General Opinions
Where employee at work is injured and dies as a result of an assault by a third party, compensation should be awarded notwithstanding the assault may have arisen from personal matters. Att. Gen. Op. 73-4.
Law Journals and Reviews
Suicide was compensable injury by disease caused by the employment. Haw Supp, 4 HBJ, Nov. 1966, at 24.
Death by heart attack was not compensable because there was no causal relationship between work and death. Haw Supp, 5 HBJ 38.
Japanese Corporate Warriors in Pursuit of a Legal Remedy: The Story of Karoshi, or "Death from Overwork" in Japan. 21 UH L. Rev. 169.
Mitchell v. State and HRS § 386-3: Workers' Compensation Reform in the State of Hawaii. 21 UH L. Rev. 807.
Hawaii's Workers' Compensation Scheme: An Employer's License to Kill? 29 UH L. Rev. 211.
Definitions: "Out of" and "in the course of".24 Haw. 324. "By accident", "arising out of", and "course of employment". 26 H. 785; 37 H. 556; 38 H. 384; 40 H. 660. Course of employment. 66 F. Supp. 875; 34 H. 221. Covers workers under nonmaritime contract of employment injured aboard ship.26 Haw. 737. Causal connection. 33 H. 576. Cancer. 34 H. 717. On death from cerebral hemorrhage as arising out of employment. 43 H. 94. Reasonable evidence of disease proximately caused. 43 H. 337. Where employee is injured on a business trip, employee's personal activities preceding the business activity are immaterial. 52 H. 242, 473 P.2d 561. Mental disabilities arising out of employment are compensable. 53 H. 32, 487 P.2d 278. Injury occurring off the premises during a coffee break is compensable if it occurred in course of reasonable and necessary activity incident to such break. 54 H. 66, 502 P.2d 1399. Influenza is a compensable injury. 59 H. 551, 584 P.2d 119. "Work connection" test to decide whether heart attack arose out of and in course of employment.63 Haw. 642,636 P.2d 721. Employee suffered work-related injury when employee sustained a psychogenic disability due to employee's employment. 714 F. Supp. 1108. Claimants act of returning to claimants employers premises for the sole purpose of retrieving a piece of cake for claimants personal enjoyment bore no relation to an incident or condition of claimants employment; accordingly, there was no causal connection between claimants injury and any incident or condition of that employment. 77 H. 100, 881 P.2d 1246. Employee's psychological stress injury not compensable as injury was direct consequence of disciplinary action imposed on employee for altering time cards and this prohibited conduct exceeded bounds of employment duties. 80 H. 120, 906 P.2d 127. Employee's injury suffered in crossing public street between employer's office and parking lot not in course of employment as parking lot not part of employer's "premises"; employer's office lease merely allowed employees to enter into independent parking stall rental contract with building management. 80 H. 150, 907 P.2d 101. Injury did not arise in the course of employment where assault on claimant, though occurring on employer's premises, emanated from personal dispute over auto accident. 80 H. 442, 911 P.2d 77. Where teacher-claimant allegedly administered corporal punishment in violation of work-rule prohibiting such conduct, claimant nevertheless sustained compensable stress-related injury from subsequent discipline as claimant was acting within course of employment at time of alleged misconduct. 85 H. 250, 942 P.2d 514. An employee's injury caused by a disease is compensable as an "injury by disease", pursuant to this section, when the disease (1) is caused by conditions that are characteristic of or peculiar to the particular trade, occupation, or employment, (2) results from employee's actual exposure to such working conditions, and (3) is due to causes in excess of the ordinary hazards of employment in general. 94 H. 70, 9 P.3d 382. In order to identify the "date of injury" required by the department of labor and industrial relations in connection with the filing of a workers' compensation claim under § 386-82, a claimant in a case arising under the "injury-by-disease" prong of this section may rely upon the last day of employment as the "date of disability", but this "date of disability" may also be the date of diagnosis of the disabling condition.94 Haw. 70,9 P.3d 382. Under the doctrine of substantial deviation, employee was precluded from compensability for injuries received when trying to return employer's vehicle to employer's baseyard over seven hours after normal workday ended where employee left the scope of employment to embark on a purely personal and unauthorized journey to correct a sewer line problem on girlfriend's property halfway around the island, and had dinner, a few beers and a nap at the girlfriend's house. 100 H. 285, 59 P.3d 920. Although employee was not physically injured while taking promotion test, psychological injuries employee sustained caused by employee's dissatisfaction with the process for ranking individuals and the overall grievance and promotion process was compensable; injury that stemmed from that promotion process was incidental to the employment and resulted from an activity that served an important interest of the employer. 100 H. 481, 60 P.3d 882. Employees injury not compensable where employees injury occurred on public sidewalk outside of employers business premises, did not occur during a lunch or recreation period, did not occur as an incident of employees employment, employer did not expressly or impliedly bring after-hours drinking party within employees orbit of employment and party did not benefit employer in any way. 87 H. 492 (App.), 960 P.2d 162. Cited: 2 F. Supp. 2d 1295. Cited:24 Haw. 731, 733.
Police officers injured while off duty covered, see § 52D-15.