§392-27  Ineligibility in certain cases. An individual shall not be eligible to receive temporary disability benefits:

(1)  For any period of disability during which theindividual would be disqualified from receiving benefits under the Hawaiiemployment security law by reason of unemployment due to a stoppage of workexisting because of a labor dispute for the duration of such disqualification.

(2)  If the director finds that the individual hasknowingly made a false statement or representation of a fact or knowinglyfailed to disclose a material fact in order to obtain benefits under thischapter to which the individual is not otherwise entitled.  The ineligibilityshall be for a period determined by the director, but shall not exceed theperiod of disability with respect to which the false statement orrepresentation was made or the nondisclosure occurred.

(3)  For any period of disability due to wilfully andintentionally self-inflicted injury or to injury sustained in the commission ofa criminal offense specified in title 37.

(4)  For any day of disability during which theemployee performed work for remuneration or profit, except that, if an employeereturning to work suffers a relapse after performing work for less than a fullday, the employee shall be paid benefits or be given waiting period credit,provided the employee's wages for the partial day's work did not equal orexceed the prorated disability benefits to which the employee is entitled.  Theamount of the benefit payable is derived by subtracting the gross wagesreceived for performing less than a full day's work, from the prorateddisability benefits to which the employee is entitled.

(5)  Unless the claim for disability benefits is filedwithin ninety days after the commencement of the period of disability or assoon thereafter as is reasonably possible. [L 1969, c 148, pt of §1; am L 1971,c 109, §1(c); am imp L 1972, c 9, §1; am L 1983, c 205, §1]