HAR §6-22-6. Position description of member

The determination of whether the member is incapacitated for the further performance of duty shall be related to the duties prescribed in the official position description of the employing agency in which the member was employed at the time the accident which resulted in the condition occurred. The medical board or designated entity may consider other probative and credible evidence of the member's actual job duties. [Eff 1/9/84; am and comp 11/26/2009; am and comp APR 1·1 ?0?? l (Auth: HRS §88-28) (Imp: HRS §§88-31, ' 88-75, 88-79, 88-284, 88-285, 88-334, 88-336) 22-5 §G-22-7 Pre-existing condition of member. Permanent incapacity that is caused by or results from the natural deterioration, degeneration, or progression of a non-service connected pre-existing condition is not the natural and proximate result of an accident nor is it the cumulative result of some occupational hazard. The medical board or designated entity shall not consider, and the system shall not grant, disability retirement benefits for a permanent incapacity that is caused by or results from the natural deterioration, degeneration, or progression of a non-service connected pre-existing condition. Whenever there is evidence of a non-service connected pre-existing condition, the applicant shall have the burden of proof, including the burden of producing evidence and the burden of persuasion, of proving that the member's permanent incapacity was not caused by and did not result from the natural deterioration, degeneration, or progression of the non-service connected pre-existing condition. The degree or quantum of proof required shall be by a preponderance of the evidence. [Eff 1/9/84; am 2/9/89; am and comp 11/26/2009; am and comp APR 1 1 2022 l ( Au th : HRS § 8 8 - 2 8 ) ( I mp : HRS § § 8 8 - 3 1 , 8 8"- 79, 8 8 ­ 285, 88-336) § G-22-8 Certifications and findings. Upon completion of the examination of the member and the reports submitted to it, the medical board or designated entity shall certify in writing to the system the following: (1) In the case of an application for ordinary disability or service-connected disability retirement, whether, at the time of the application: 22-6 (A) The member is incapacitated for the further performance of duty or for gainful employment; and (B) The member's incapacity for the further performance of duty or for gainful employment is likely to be permanent. (2) In the case of an application for service- connected disability retirement or for accidental death benefits, whether the incapacity or death is: (A) The natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place; or (B) The cumulative result of some occupational hazard (in the case of service-connected disability retirement) or the result of some occupational hazard {in the case of accidental death benefits); and (C) Through no wilful negligence on the part of the member. [Eff 1/9/84; am and comp 11/26/2009; am and comp APR 1 f ?O?? l (Auth: HRS §88-28) (Imp: HRS §§88-31, 88-75, 88-79, 88­ 85, 88-284, 88-285, 88-286, 88-334, 88­ 336, 88-339)