§386-83  When claim within specified time is unnecessary or waived.  (a)  If payments of income and indemnity benefits have been made voluntarily by the employer, the making of a claim within the time prescribed in section 386-82 shall not be required.  No such payments shall be deemed to have been made if the payments are in the nature of a gift and not intended as compensation, or are made by welfare or benefit organizations operating under direction or control of the employer, or are for medical, surgical, or hospital services and supplies, or are made as wages during periods of partial or total disability if the employer notifies the director of labor and industrial relations at the time in writing that such payments of wages are not in lieu of and shall not be considered as compensation.

     (b)  Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is given reasonable notice and opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-92; HRS §386-83]


Case Notes


  Payment of wages for work actually performed by employee on hourly wage basis is not payment of compensation for injuries.  54 H. 98, 503 P.2d 434 (1972).

  Where employer objects at first hearing to the delay in filing, there is no waiver of limitation period, notwithstanding employer might have indicated, prior to hearing an intent to waive the limitation period.  54 H. 98, 503 P.2d 434 (1972).

  Tolling of limitation period.  2 H. App. 136, 627 P.2d 288 (1981).

  Cited:  24 H. 97, 101 (1917); 24 H. 731, 738 (1919).