Section 12-11-40 - Claim for reimbursement out of workers' compensation benefits(a) If an employee who is eligible for benefits under the statute is disabled and has claimed or subsequently claims benefits under the workers' compensation law, and if the claim is denied by the director on the ground that the employee's disability was not caused by an accident that arose out of and in the course of the individual's employment or by an occupational disease under the workers' compensation law, the individual's employer or the employer's disability benefits carrier or the director shall forthwith pay benefits under the statute to the employee for the disability.(b) If an employee who is eligible for benefits under the statute has claimed or subsequently claims benefits for an alleged disability under the statutes and under the workers' compensation law, and if the claim is disputed on the ground that the employee was not in fact disabled, the individual's employer or the employer's disability benefits carrier or the director shall forthwith file a statement to this effect with the department. Whereupon the claims under the statute and the workers' compensation law shall be combined and considered jointly in all subsequent proceedings for the purpose of determining the fact of disability.[Eff 5/11/81] (Auth: HRS § 392-91) (Imp: HRS § 392-41)