§386-9  Contracting out forbidden. Except as provided in section 386-78, no contract, rule, regulation or devicewhatsoever shall operate to relieve the employer in whole or in part from anyliability created by this chapter. [L 1963, c 116, pt of §1; Supp, §97-9; HRS§386-9; am L 1969, c 17, §1]

 

Case Notes

 

  Section preempted by ERISA to the extent it prohibitsoffsetting workers' compensation payments intended to provide incomereplacement against pension benefits.  679 F.2d 1319.

  Offset of pension benefits against workers' compensationbenefits prohibited by this section. 504 F. Supp. 958.

  Cited:  23 H. 291, 294; 31 H. 672, 673.