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HRS §392-21.5

Who decides if you are covered

This section says the labor director is the first person to decide arguments about whether a job is covered under this law. Coverage is assumed unless the person asking to be excluded proves it is not, using two specific tests. You can appeal the director's decision to court.

everyone

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 392-5, 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 circuit court and thence to the intermediate appellate court, subject to chapter 602.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§392-5 Jobs that are not covered by disability insurance

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.