HAR §6-22-2. Definitions

Definitions generally applicable to this chapter are also provided in section 88-21, HRS, and section 6-20-1. As used in this chapter: "Accident" means an unlooked for mishap or untoward event which is not expected or designed, occurring while in the actual performance of duty at some definite time and place. "Actual performance of duty": If the member is disabled as the natural and proximate result of an accident, the accident shall be deemed to have occurred while in the actual performance of duty even if the member may not have been actually engaged in performing the duties of the member 1 s job; provided that the accident occurred during working hours either: ( 1) On the work premises; or ( 2) At wherever the member 1 s duties require the member to be. "Designated entity" means an entity designated by the system to review applications for disability retirement and accidental death benefits and to provide findings and certifications to the system regarding those applications in accordance with sections 88-75, 88-79, 88-85. 5, 88-284, 88-285, 88­ 286, 88-335, 88-336, or 88-339, HRS. "Gainful employment 11 means substantial gainful employment which is commensurate with the member's age, education, experience, training, and physical and mental capacities. "Medical board" means the board of physicians provided for in section 88-31, HRS. 11 Natural and proximate result 11 means the result that would naturally follow from the accident, unbroken by any independent cause. "Occupational hazard" means a danger or risk which is inherent in, and concomitant to, a particular 22-2 3'463 occupation. To be considered an "occupational hazard," the causative factors must be those which are not ordinarily incident to employment in general and must be different in character from those found in the general run of occupations, the general run of occupations meaning many but not all occupations. "Ordinary disability" means a mental or physical incapacity for the further performance of duty, that, at the time of the application for disability retirement, is likely to be permanent. "Service-connected disability" means a mental or physical incapacity for the further performance of duty that, at the time of the application for disability retirement is likely to be permanent, is not the result of wilful negligence on the member's part, and is: (1) The natural and proximate result of an accident occurring while in the actual performance of duty at some definite place and time; or (2) The cumulative result of some occupational hazard. "Substantial gainful employment" means a significant amount of fairly constant physical or mental work activity, or both, which is productive in nature and is done for remuneration or profit, whether or not the work activity is part-time, pays less or has less responsibility than that of the person's previous employment; provided that the work activity: (1) Shall amount to at least thirty hours a week; or (2) Shall produce a gross income of not less than an amount which is equivalent to the minimum hourly wage as set by state law multiplied by thirty hours, regardless of the number of hours the person may have actually worked. "Wilful negligence" means the intentional failure to use ordinary care such as a reasonably prudent person would exercise. [Eff 1/9/84; am 2/9/89; am and 22-3 comp 11/26/2009; am and comp APR 11 2022 ] (Auth: HRS §88-28) (Imp: HRS §§88-31, 88-7~, 88-79, 88-85, 88-284, 88-285, 88-286, 88-334, 88-336, 88-339)