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KOMATSU v. BD. OF TRUSTEES, EMP. RET. SYS.

No. 9582.

693 P.2d 405 (1984)

Ralph Y. KOMATSU, Petitioner-Appellant, Appellee, v. BOARD OF TRUSTEES, EMPLOYEES' RETIREMENT SYSTEM, State of Hawaii, Respondent-Appellee, Appellant.

Supreme Court of Hawaii.

Reconsideration Denied January 10, 1985.

Attorney(s) appearing for the Case

Jeffrey S. Portnoy, Honolulu (Milton M. Yasunaga, Honolulu, with him on the writ and brief; Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for petitioner Komatsu.

Harriet Yoshida Lewis, Deputy Atty. Gen., Honolulu, contra, on the brief for respondent Bd. of Trustees.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and MILKS, Circuit Judge, in place of WAKATSUKI, J., disqualified.

NAKAMURA, Justice.

The Circuit Court of the First Circuit found the cumulative effect of exposure to fungi at work caused Ralph Y. Komatsu, an employee of the City and County of Honolulu, to become permanently incapacitated for duty and concluded he should be awarded service-connected disability retirement benefits pursuant to Hawaii Revised Statutes (HRS) § 88-79(a)(1976). Purporting to be bound by the holding in Lopez v. Board of Trustees, Employees' Retirement...

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