§386-6  Territorial applicability.  Theprovisions of this chapter shall be applicable to all work injuries sustainedby employees within the territorial boundaries of the State.

If an employee who has been hired in the Statesuffers work injury, he shall be entitled to compensation under this chaptereven though the injury was sustained without the State.  The right tocompensation shall exclude all other liability of the employer for damages asprovided in section 386-5.  All contracts of hire of employees made within theState shall be deemed to include an agreement to that effect.

If an employee who has been hired without theState is injured while engaged in his employer's business, and is entitled tocompensation for the injury under the law of the state or territory where hewas hired, he shall be entitled to enforce against his employer his rights inthis State if his rights are such that they can reasonably be determined anddealt with by the director of labor and industrial relations, the appellateboard, and the court in this State. [L 1963, c 116, pt of §1; Supp, §97-6; HRS§386-6]

 

Case Notes

 

  Claimant not entitled to rely on foreign law where inproceedings below, she not only failed to rely on foreign law but affirmativelyrelied on Hawaii law.  54 H. 98, 503 P.2d 434.

  Employee "hired in the State" construed.  59 H.551, 584 P.2d 119.

  Not exclusive remedy where emotional distress is caused bywilful and wanton conduct of corporate officer.  720 F. Supp. 829.