§386-9 - Contracting out forbidden. - Hawaii Statutes

     §386-9  Contracting out forbidden.  Except as provided in section 386-78, no contract, rule, regulation or device whatsoever shall operate to relieve the employer in whole or in part from any liability 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 prohibits offsetting workers' compensation payments intended to provide income replacement against pension benefits.  679 F.2d 1319.

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

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