§386-6 - Territorial applicability.
§386-6 Territorial applicability. The
provisions of this chapter shall be applicable to all work injuries sustained
by employees within the territorial boundaries of the State.
If an employee who has been hired in the State
suffers work injury, he shall be entitled to compensation under this chapter
even though the injury was sustained without the State. The right to
compensation shall exclude all other liability of the employer for damages as
provided in section 386-5. All contracts of hire of employees made within the
State shall be deemed to include an agreement to that effect.
If an employee who has been hired without the
State is injured while engaged in his employer's business, and is entitled to
compensation for the injury under the law of the state or territory where he
was hired, he shall be entitled to enforce against his employer his rights in
this State if his rights are such that they can reasonably be determined and
dealt with by the director of labor and industrial relations, the appellate
board, 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 in
proceedings below, she not only failed to rely on foreign law but affirmatively
relied 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 by
wilful and wanton conduct of corporate officer. 720 F. Supp. 829.