HRS §386-93
Who pays costs and attorney's fees in workers' comp cases
This section says who must pay the costs and lawyer fees in workers' compensation cases. If someone brings or defends a case without a good reason, they may have to pay the other side's costs and fees. If an employer appeals and loses, the employer must pay those costs and fees.
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The statute, as written — Costs
(a) If the director of labor and industrial relations, appellate board, or any court finds that proceedings under this chapter have been brought, prosecuted, or defended without reasonable ground, the whole costs of the proceedings including reasonable attorney's fees may be assessed against the party who has brought, prosecuted, or defended the proceedings. (b) If an employer appeals a decision of the director or appellate board, the costs of the proceedings of the appellate board or the appellate court, together with reasonable attorney's fees, shall be assessed against the employer if the employer loses; provided that if an employer or an insurance carrier, other than the employer who appealed, is held liable for compensation, the costs of the proceedings of the appellate board or the appellate court, together with reasonable attorney's fees, shall be assessed against the party held liable for the compensation.
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