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LEWIS v. BOARD OF TRUSTEES

No. 8303.

660 P.2d 36 (1983)

Isabel T. LEWIS, Special Administrator of the Estate of George S. Lewis, Deceased, Appellant-Appellee, v. The BOARD OF TRUSTEES OF the EMPLOYEES' RETIREMENT SYSTEM, STATE OF HAWAII, Appellee-Appellant.

Supreme Court of Hawaii.

March 15, 1983.

Attorney(s) appearing for the Case

Clayton Kubota, Deputy Atty. Gen., Honolulu (Harriet Yoshida Lewis, Deputy Atty. Gen., Honolulu, on the opening brief and Aurelio T. Arnobit, Jr., Deputy Atty. Gen., Honolulu, on the reply brief), for appellant Board of Trustees.

Herbert R. Takahashi, Honolulu (Herbert R. Takahashi, a Law Corporation, Honolulu, of counsel), for appellee administrator.

Before LUM, Acting C.J., PADGETT and HAYASHI, JJ., CHUN, Circuit Judge, in place of NAKAMURA, J., disqualified, and GREIG, Circuit Judge, assigned by reason of vacancy.

PER CURIAM.

This is an appeal by the Board of Trustees of the Employees' Retirement System, State of Hawaii (Board), from an order of the circuit court directing it to enter a decision affirming its hearing officer's recommended decision and to award claimant service-connected disability retirement benefits. Because we find an error in the standard applied by the court below in determining the issue of entitlement to total disability retirement benefits as well as...

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