HRS §386-73.5
Who decides if a job is covered by workers' compensation
This section says the labor director is the first person to decide disputes about whether a job is covered by workers' compensation. Unless a job is clearly excluded by law, it is presumed covered. The person who wants exclusion must prove it using two specific tests. You can appeal the director's decision to the appellate board, then to the intermediate appellate court.
employeesemployers
The statute, as written — Proceedings to determine employment and coverage
The director of labor and industrial relations shall have original jurisdiction over all controversies and disputes over employment and coverage under this chapter. Except in cases where services are specifically and expressly excluded from "employment" under section 386-1, it shall be presumed that coverage applies unless the party seeking exclusion is able to establish under both the control test and the relative nature of the work test that coverage is not appropriate under this chapter. There shall be a right of appeal from decisions of the director to the appellate board and thence to the intermediate appellate court, subject to chapter 602.
Sections this one refers to
§386-1 Key terms and definitions for workers' compensation
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