§386-81  Notice of injury; waiver.  No proceedings for compensation under this chapter shall be maintained unless written notice of the injury has been given to the employer as soon as practicable after the happening thereof.  The notice may be given by the injured employee or by some other person on the employee's behalf.  Failure to give such notice shall not bar a claim under this chapter if[:]

     (1)  The employer or the employer's agent in charge of the work in the place where the injury was sustained had knowledge of the injury;

     (2)  Medical, surgical, or hospital service and supplies have been furnished to the injured employee by the employer; or

     (3)  For some satisfactory reason the notice could not be given and the employer has not been prejudiced by such failure.

     Unless the employer is prejudiced thereby notice of injury shall be deemed to have been waived by the employer if objection to the failure to give such notice is not raised at the first hearing on a claim in respect of such injury of which the employer is given reasonable notice and opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-90; HRS §386-81; gen ch 1985]


Revision Note


     In the first paragraph, (1) to (3) reformatted as paragraphs (1) to (3) and in paragraph (1), "or" deleted pursuant to §23G-15.


Case Notes


  Notice.  24 H. 97 (1917).

  Neither technical nor formal notice is required.  24 H. 731 (1919).

  Furnishing medical aid.  32 H. 503 (1932).

  Sufficiency of knowledge of injury.  32 H. 503 (1932).

  Time limitation runs from date of accident, not time of discovery of permanency of injury.  32 H. 920 (1933).

  Minors.  32 H. 928 (1933).

  Time limitation runs from date employee is disabled by injury from working; notice dispensed with.  34 H. 65 (1937).

  Time for giving of notice; there is compliance where claimant gives notice after claimant becomes aware or should have become aware that the injury may be compensable.  50 H. 519, 445 P.2d 34 (1968).

  "Satisfactory reason" to excuse late notice.  55 H. 558, 523 P.2d 832 (1974).

  Cited:  24 H. 97, 101 (1917).