FAQs
FREQUENTLY ASKED QUESTIONS
The following provides general information in an FAQ (frequently asked questions) format about a workers’ compensation case that has been appealed from a decision of the Director of Labor and Industrial Relations (“Director”) to the Labor and Industrial Relations Appeals Board (“LIRAB”). The following statements of general information are not rules or regulations and further do not supersede or supplement any state law or administrative rule or regulation. They are not a substitute for independent research, analysis of the law, or legal advice.
Sample forms are available on LIRAB’s webpage: (Click here).
QUESTIONS ABOUT LIRAB
Where is LIRAB’s Office?
LIRAB is located at the Keelikolani Building, 830 Punchbowl Street, Room 404, Honolulu, Hawaii, 96813.
What are LIRAB’s hours of operation?
LIRAB’s regular business hours are from 7:45 a.m. to 4:30 p.m. LIRAB is closed on Saturdays, Sundays, and State Holidays.
What is LIRAB’s telephone number?
LIRAB’s telephone number is (808) 586-8600.
Who makes up LIRAB?
LIRAB is a three-member panel or board. If your case goes to trial, LIRAB or its Hearings Officer will hear the case and make a decision. A decision of LIRAB requires concurrence by at least two members of LIRAB.
What does LIRAB do?
LIRAB’s primary function is to provide an impartial, independent review of appeals from decisions of the Director. LIRAB also decides motions and conducts settlement and other conferences to assist with disposition of cases on appeal. LIRAB DOES NOT PROVIDE LEGAL ADVICE.
GENERAL QUESTIONS ABOUT APPEALS
What happens now that my case has been appealed to LIRAB?
Once an appeal is taken, the Department of Labor and Industrial Relations (“Department”) sends your case file to LIRAB and LIRAB sets up the file for proceedings at LIRAB. This process could take several weeks after an appeal is filed.
LIRAB will schedule and notify you of an initial conference. At the initial conference, you will be notified of other important dates and deadlines, including the dates of the trial.
Do I need an attorney?
There is no requirement that you hire an attorney to represent you in your workers’ compensation case. However, you are strongly encouraged to retain an attorney to represent you before LIRAB. Many injured workers, and almost all employers/insurance carriers, as well as the State and Counties, are often represented by attorneys for proceedings at LIRAB. A listing of workers’ compensation attorneys can be found on LIRAB’s website. (Click here).
Where can I get a copy of LIRAB’s rules?
The proceedings before LIRAB are more formal than the proceedings at the Department level. LIRAB’s Rules of Practice and Procedure must be followed by all persons appearing before LIRAB. Not following the Rules can be could negatively impact your appeal. A printed copy of the rules may be purchased from LIRAB for $1.00, plus postage, if applicable, or it may be printed in .pdf format from LIRAB’s website. (Click here).
Can I submit documents to LIRAB by FAX or E-MAIL?
LIRAB does not accept faxes for filing.
All documents to be filed must be hand-delivered, mailed, or e-mailed to LIRAB’s office. LIRAB’s office accepts hand-delivered documents, subject to the public’s accessibility to the DLIR building (Princess Ruth Keelikolani Building located at 830 Punchbowl Street).
LIRAB will not accept documents via email that are 50 pages or more. Any document that is 50 pages or more MUST be PRINTED and presented to LIRAB for filing via mail or hand-delivery. Refer to LIRAB’s Administrative Order 2024-02, filed on June 14, 2024 for details regarding filing and service of documents. See: Notices
May I submit reports, records, or documents electronically or on digital media?
At this time, LIRAB does file reports, records, or documents received by e-mail. You are welcome to e-mail LIRAB at [email protected]. Please specify your case by name and number in your e-mail communication, attach the documents you wish to file (in a .pdf format), and request that the attached documents be filed in your case.
If presented for filing at the LIRAB, LIRAB will file a CD or DVD containing a .pdf version of your reports, records, or documents in lieu of the paper reports, records, or documents.
The CD or DVD presented for filing must be accompanied by a paper print of the first page of each .pdf file on the CD or DVD.
The CD or DVD presented for filing must also be accompanied by an original written declaration under the penalty of perjury that includes the following representations:
- A digital file on CD/DVD is being submitted in lieu of a paper original and the filing party requests that it be considered the original.
- The digital file is in .pdf format and is a true and correct copy of the original paper report, record, or document.
- The .pdf file is searchable (i.e., optical character recognition).
- The digital media and file is free of malware (e.g., self-executing files, viruses, worms, Trojan horses, ransomware, spyware, adware, scareware).
- Upon request by the Director or LIRAB, the filing party will immediately present the original paper report, record, or document(s).
- The understanding that filing by LIRAB is not a guarantee of inclusion as evidence and that the CD or DVD and the information contained on the CD or DVD is subject to objection and/or exclusion from the record.
Is a postmark sufficient to meet deadlines?
No. Unless LIRAB specifically advises you that a postmark is sufficient, all deadlines for submitting documents mean that documents must be received at and filed by LIRAB by the applicable deadline.
Can I review my case file?
Yes, you may review the file at LIRAB. LIRAB encourages you to review the file before trial to ensure that all documents you feel are necessary to support your case are included in LIRAB’s file by the appropriate deadlines.
If you wish to review your file at LIRAB, please call ahead of time to make arrangements. This will ensure that LIRAB has a place for you to review your file.
If you wish for certain documents to be copied by LIRAB for you, you must call our office to make an appointment to review your file and identify the exact documents that you would like to be copied.
I didn’t know about a particular law or rule or order. Am I excused?
All parties are required to comply with the laws, rules, and orders of LIRAB. Ignorance of such laws, rules, and orders is not an excuse .
How should I dress for appearances at LIRAB?
Attorneys should dress in appropriate courtroom attire for trial and other hearings. Other business attire is appropriate for conferences.
Business attire or Aloha wear is acceptable for non-attorney participants at trial and conferences.
Sweatshirts, sweat jackets, shorts, sweat pants, T-shirts, low-cut wear, mini skirts, etc. are not appropriate.
Do I have to give the other side information?
A copy of all documents and things filed with LIRAB must be served on the other side. Prepare and file a Certificate of Service to certify that a copy of the document (or thing) was properly served. A sample Certificate of Service form can be found on LIRAB’s website. (Click here).
QUESTIONS ABOUT PRE-TRIAL PROCEEDINGS
I received a Notice of Initial Conference, what should I do?
You should confirm that your name is correctly identified in the document’s caption. If it is incorrect, write to LIRAB to inform them of your legal name.
You should file an Initial Conference Statement according to LIRAB’s Rules of Practice and Procedure at least three (3) business days before the scheduled initial conference. LIRAB’s Rules may be found in .pdf format. (Click here).
Where can I get a sample of an Initial Conference Statement?
A sample form of an Initial Conference Statement can be found on LIRAB’s website. (Click here).
What is the Initial Conference?
The purpose of the initial conference is to identify the issues that the parties want LIRAB to decide and to answer questions that anyone may have regarding the appeal. If you appealed the case, you must tell LIRAB what part of the Director’s decision you disagree with or why you are unhappy with the Director’s decision. LIRAB will not and cannot decide matters that were not considered or addressed by the Director. Also, be prepared to inform LIRAB of any potential or special concerns that LIRAB needs to be aware of while handling your case.
At the initial conference, you may be asked to stipulate the file from the Department as part of LIRAB’s record on appeal. This means that LIRAB wants to know if you would agree that the information that was presented to the Department is to be made part of LIRAB’s file or records, and be considered by LIRAB in reaching its decision. This would include all the medical reports and letters sent to the Department, and other information about your injury.
You will be given several important dates at the initial conference, including a trial date.
You will also be given several important deadlines called “discovery deadlines.” They include an unnamed witness identification deadline, medical reports deadline, live witness identification deadline, and discovery cut-off deadline.
What is the Pretrial Order?
A pretrial order with the issues, dates, and deadlines will be issued after the initial conference. This is an order of LIRAB, and all parties must comply with this order.
Read the pretrial order carefully. All parties are required to read and comply with the pretrial order (as well as all applicable laws and rules.)
What issues will LIRAB decide?
LIRAB will determine issues included in the decision of the Director that have been properly appealed and identified in the pretrial order. LIRAB cannot make a decision on issues not previously decided by the Director.
What is a Settlement Conference?
Generally, there are strengths and weaknesses in each case, regardless of which side you are on, and often, it is in the best interest of everyone to settle the case without having to expend the time and cost to prepare for and attend a trial and risk losing the appeal.
A settlement conference is a meeting scheduled by LIRAB with one of its staff (usually, an attorney) and with all parties to discuss whether the issues in your case can be worked out, or settled, without having to go to trial. Board Members do not preside over settlement conferences in case the appeal does not settle and your case needs to be presented before the Board for review and decision. For the same reason, The Board’s Hearings Officer does not preside over settlement conferences in cases over which s/he is expected to preside.
The parties may request that LIRAB schedule a settlement conference, if they believe that LIRAB’s assistance could help with the settlement of the case.
LIRAB will consider scheduling a settlement conference in your case so long as all parties to the appeal agree to participate in a settlement conference. To request that a settlement conference be scheduled by LIRAB, all parties must submit a written request to LIRAB that confirms: (1) that party’s agreement to participate in a settlement conference; and (2) that party will appear for the settlement conference or be represented by an attorney and/or other representative who has full authority to settle the case and/or the issue(s) on appeal.
Settlement conferences, if scheduled, are usually scheduled for 3 hours. However, the settlement conference may be scheduled for longer or shorter time periods, depending upon the nature of the case and the preferences of the parties.
How much time should I plan on for the conferences?
LIRAB schedules initial conferences in 30- or 60-minute intervals. Settlement conferences, if scheduled, are usually scheduled in 3-hour intervals. Status conferences are scheduled in 30-minute intervals. However, the conferences may last shorter or longer than the time allotted.
I need to reschedule a conference. What do I do?
If your conference was scheduled by a LIRAB “Notice,” rescheduling a conference may require a letter, stipulation, or motion. If in doubt as to which is required, call LIRAB to explain the reason why the conference needs to be rescheduled. If you need to reschedule the conference because of an emergency, please call LIRAB.
What is a Motion?
A party requesting LIRAB’s intervention in a discovery or other pre-trial dispute, may file a written request to LIRAB. This is called a motion.
Motions must be submitted in writing, state the grounds for the request, and set forth what you want LIRAB to do.
The motion must be accompanied by a memorandum in support of the motion, and any other necessary documentation.
I NEED TO RESCHEDULE A motion hearing. WHAT DO I DO?
What is the difference between a hearing motion and a non-hearing motion?
All motions are generally considered non-hearing. That is, a hearing on the motion will not be held, and LIRAB will decide the motion on the written submissions. You must prepare, file, and serve on the other parties a Notice of Non-Hearing Motion. A sample form can be found on LIRAB’s website. (Click here).
However, LIRAB may require that a hearing be held, even if the motion is submitted on a non-hearing basis.
If you want to have a hearing on the motion where the parties can present oral arguments in addition to the written submissions, you must call LIRAB to obtain a hearing date, time, and Teams Conference ID, and you must prepare, file, and serve on the other side a Notice of Hearing. A sample form can be found on LIRAB’s website. (Click here).
What is Discovery? What do the different deadlines mean?
After the initial conference, the parties may proceed to the “discovery” or the information gathering stage of the case. You have the responsibility of gathering or discovering information to support your position on the issues on appeal. Because appeals to LIRAB are reviewed on a de novo (meaning “anew,” “afresh,” or “beginning again”) basis, parties are allowed to present new evidence in addition to what was already presented to the Department.
You may submit medical reports or opinions by doctors, deposition transcripts, and also non-medical documents or matters that you think will support your case and help LIRAB reach a just and fair decision. You may also bring witnesses to support your case. There are deadlines for the submission of the different types of information or evidence that you want to use to support your case. Any document or writing sent to LIRAB must also be provided to all other parties.
Unnamed witness identification deadline: On or before this date, you must file with LIRAB and identify doctors or other persons not previously specifically identified in your Initial Conference Statement.
Example:
1. Kimo Pascua (co-worker)
123 Aloha Lane
Honolulu, Hawaii 96813
2. Dr. Mary Smith (my doctor)
456 Mahalo Street
Honolulu, Hawaii 96813
Live witness identification deadline: On or before this date, you must file with LIRAB and identify the person(s) listed in your Unnamed Witness Identification or in your Initial Conference Statement who will testify or speak in your favor at trial. A person not identified in your Live Witness Identification may not be allowed to testify at trial.
Medical reports deadline: On or before this date you must file with LIRAB all medical reports and medical records from health care providers that you want LIRAB to consider.
Discovery cut-off deadline: On or before this date, you must complete your discovery of evidence and file with LIRAB all non-medical reports or documents.
Stipulations for continuances of the above-referenced deadlines will not be considered by the Board. File an appropriate hearing or non-hearing motion with the Board. This motion must comply with LIRAB’s rules regarding motions.
What if I want to withdraw my appeal? What do I have to do?
Any withdrawal of appeal must be in writing and filed with LIRAB. A sample form of a Withdrawal of Appeal can be found on LIRAB’s website. (Click here).
What if I want to have a hearing before the Director while my case is on appeal?
A case may be temporarily remanded (sent back) to the Director for determination of issues not previously decided by the Director.
File a non-hearing or hearing Motion for Temporary Remand. This motion must comply with LIRAB’s rules regarding motions. The Board will not accept stipulations regarding temporary remand.
The parties reached a settlement, now what?
After a settlement is reached, one party will prepare a stipulation or settlement agreement to document the agreement. After all parties have signed the written agreement, it must be submitted to LIRAB for approval. The Department, a Deputy Attorney General, and Director may also review the settlement agreement. If it passes the review of all requisite offices, LIRAB will sign and file the written agreement, and return filed copies to the parties.
The process for approving a settlement agreement could take several weeks. Once the settlement agreement is approved, a party has 31 days from the approval date to make payments under the agreement.
QUESTIONS ABOUT THE TRIAL
Where will the trial be held?
If the case is not settled, trial will be held in Honolulu by either LIRAB or its Hearings Officer. At present, LIRAB’s trials are being held both in-person (for those claimants residing on Oahu) and via interactive conference technology (e.g., Microsoft Teams) (for those claimants not residing on Oahu). All parties have the option to request that they appear, in-person, for trial. If you would like to appear for trial, in-person at LIRAB’s Honolulu office, please contact LIRAB at least 3 business days before your trial to inform LIRAB of your request to appear, in -person, for trial. Notifications provided as early as possible have a greater likelihood of being fulfilled. Please note that LIRAB is not obligated to compel the physical presence of any other person for a trial that was scheduled to occur via interactive conference technology.
Do I have to attend the trial?
You and/or your legal representative are required to attend trial.
I need to reschedule or cancel a trial. What do I do?
A Motion to Continue Trial must be filed. This must be filed as a hearing motion. This motion must comply with LIRAB’s rules regarding motions. Keep in mind that it may take more than one week for LIRAB to issue an order on a motion to continue the trial, so file the motion in sufficient time before the trial. If you need to reschedule the trial because of an emergency, please call LIRAB.
If the parties wish to cancel the trial because they agree to waive their right to a trial de novo, they may submit a stipulation. A sample Stipulation to Waive Discovery and/or Trial De Novo can be found on LIRAB’s website. (Click here). All parties must sign the stipulation before the Board will consider cancelling the trial due to a waiver of trial de novo.
If the parties wish to cancel the trial because they reached a settlement, they must submit a fully-executed settlement agreement to LIRAB. Upon receipt of the fully-executed settlement agreement, LIRAB will remove the trial from its calendar (provided that there is no order in the case to the contrary).
Alternatively, the parties may put the basic terms of the settlement on the record at LIRAB on the date and time of trial.
Is the trial recorded?
An audio record of the trial proceedings will be digitally prepared. A copy of the recording is available for $15.00 per CD/DVD. LIRAB will mail the CD/DVD to the party requesting the recording upon receipt of payment.
How much time should I plan on for the trial?
LIRAB schedules trials for 3 hours. If you believe that your trial will take more than three hours, please bring that to LIRAB’s attention at the time of your initial conference. Your trial may need to be moved or require more than one session.
Can I testify at the trial? What if I want witnesses to testify at the trial?
Presenting your case may include testifying on your own behalf or calling your witnesses and asking them questions. This is called “direct examination”. The opposing party has the opportunity to also ask questions of you and your witnesses. This is called “cross-examination”. You may also cross-examine the opposing party’s witnesses, if any. Testimony provided at trial is given under oath.
Testimony from your witnesses should be obtained in question and answer fashion.
You are responsible for making sure that your witnesses are available for trial and appear for trial in a timely manner. LIRAB will not contact your witness(es) to ask them to appear at trial, and LIRAB will not make sure that your witness(es) will make themselves available for trial. If you expect your witness(es) to appear for trial using interactive conference technology, it is your responsibility to make those arrangements with LIRAB (e.g., making sure that the Board will allow a witness to appear via Teams when the trial has been scheduled at the Board’s office, providing LIRAB with the email address of your witness for a trial that has been scheduled to occur via Teams), and it is your responsibility that your witness is able to access and use the interactive conference technology. Please make sure that you make the necessary arrangements with LIRAB in accordance with the Board’s pretrial order in your case or any other applicable Board order.
Who goes first at trial?
Generally, the party who appealed the case goes first to present his or her case.
When is the record closed?
Unless otherwise ordered by LIRAB, the record is closed when the trial is completed. After the record is closed, LIRAB will not accept additional evidence.
QUESTIONS ABOUT POST-TRIAL PROCEEDINGS
What is a post-trial brief, position statement, or memorandum?
At the trial, the presiding officer may ask the parties to submit a post-trial brief, position statement, or memorandum, and may ask the parties to agree on a due date. No new evidence is allowed as part of the post-trial brief, position statement, or memorandum.
Generally, LIRAB gives the parties 30-60 days to submit simultaneous post-trial briefs, statements, or memoranda. You may ask for more or less time.
Parties use the briefs, position statements, or memoranda to summarize the evidence and their arguments in writing. You may refer to the admitted evidence you believe supports your position to LIRAB. You may also present arguments as to why such evidence supports your position, and why you should prevail on each issue on appeal.
You must send the opposing parties a copy of the post-trial brief, position statement or memorandum that you file with LIRAB.
What happens after the trial?
LIRAB will make a decision on your case after considering the written evidence submitted during the discovery period, any testimony provided at trial, appropriate oral arguments made at trial, any written post-trial briefs, position statements, or memoranda filed after the hearing, and the record at LIRAB.
LIRAB’s decision and order will be in writing and will be sent to you. It is your responsibility to regularly check your mailbox for the decision and order, as well as any written order or other communication from LIRAB or other parties in the appeal.
It is also your responsibility to keep LIRAB apprised of any changes in your address or telephone number.
If a Hearings Officer has been assigned to hear your case, the Hearings Officer will issue a proposed decision. If you disagree with the Hearings Officer’s proposed decision, you may file a written statement of exceptions saying why you disagree. If you want to present oral arguments to LIRAB on your exceptions, you may file a written request to LIRAB. The exceptions and request for oral argument, if any, must be filed with LIRAB within 20 days after the filing of the proposed decision. Any opposing party may file a responsive memorandum to the written exceptions within ten days from the filing of the exceptions. LIRAB will consider the parties’ respective memoranda and oral arguments, if any, and issue its decision.
What if I don’t agree with LIRAB’s decision?
If you do not agree with LIRAB’s decision, you may appeal the decision to the Intermediate Court of Appeals of the State of Hawaii by filing a written notice of appeal with LIRAB or electronically filing a notice of appeal with the Intermediate Court of Appeals within thirty days of the mailing of LIRAB’s decision. A sample written notice of appeal can be found on LIRAB’s website. (Click here). Although there is a filing fee for appeals, an appealing party may seek a waiver of court and LIRAB filing fees by filing a Motion to Proceed on Appeal In Forma Pauperis, Declaration in Support of Motion to Proceed on Appeal in Forma Pauperis and Certificate of Service. A sample of a Motion to Proceed on Appeal In Forma Pauperis, Declaration to Support Motion to Proceed on Appeal In Forma Pauperis and Certificate of Service . (Click here).
QUESTIONS ABOUT WITHDRAWAL OR TERMINATION OF REPRESENTATION/COUNSEL
If an attorney is withdrawing as counsel (no substitution)
If an attorney is withdrawing as counsel, the attorney must file a written NOTICE OF WITHDRAWAL AS COUNSEL FOR [Identify Client/Party] that contains the following information:
- Confirmation that the client/party has been provided written notice of the withdrawal;
- Confirmation that the client/party has agreed to the withdrawal (if applicable);
- The specific date of the withdrawal;
- The party’s address, telephone number, and email address, if any*, and;
- Signature of the withdrawing attorney.
*Further communication with the party will be made using the address, telephone number, and/or email address provided.
The withdrawing attorney does not need to file a motion with the LIRAB to effect his/her/their withdrawal of counsel.
If an attorney is withdrawing as counsel (substitution)
If an attorney (Attorney #1) is withdrawing as counsel, and another attorney (Attorney #2) is substituting as counsel, the attorneys must file a written NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL FOR [Identify Client/Party] that contains the following information:
- Confirmation that the client/party has been provided written notice of the withdrawal and substitution of counsel;
- Confirmation that the client/party has agreed to the withdrawal and substitution of counsel;
- The specific date of the withdrawal and substitution;
- The substituting attorney’s (Attorney #2’s) address, telephone number, and email address, if any*, and;
- Signatures of both the withdrawing attorney (Attorney #1) and the substituting attorney (Attorney #2).
*Further communication with the party will be made using the address, telephone number, and/or email address provided.
The withdrawing and substituting attorneys do not need to file a motion with the LIRAB to effect the withdrawal and substitution of counsel.
If a client terminates counsel
If a represented party (Claimant or Employer/Carrier/Adjuster) is terminating counsel, the party must file a written NOTICE OF TERMINATION OF COUNSEL FOR [Identify Client/Party] that contains the following information:
- Confirmation that the attorney has been informed of his/her/their termination;
- Confirmation that the attorney has agreed to the withdrawal;
- The specific date that the attorney was terminated;
- The party’s address, telephone number, and email address, if any*, and;
- Signature of the party.
*Further communication with the party will be made using the address, telephone number, and/or email address provided.
The party terminating his/her/their attorney-client relationship does not need to file a motion with the LIRAB to effect his/her/their termination of counsel.
