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CROMPTON v. TERN CORP.

No. 19297.

924 P.2d 169 (1996)

83 Hawai`i 1

Mark CROMPTON, Claimant-Appellant, v. TERN CORPORATION and First Insurance Company of Hawai`i, Ltd., Employer/Insurance Carrier-Appellee, and K.A. Construction Company, Employer-Appellee, Delinquent, and K.A. Construction Company and California Indemnity Insurance Company, Employer/Insurance Carrier-Appellee, and Rib-Roof Industries, Inc., Employer-Appellee, Delinquent, and Special Compensation Fund, Appellee.

Supreme Court of Hawai`i.

September 10, 1996.

Attorney(s) appearing for the Case

Jeffrey S. Portnoy, Patricia J. McHenry, and Christopher I.L. Parsons of Cades, Schutte, Fleming & Wright, on the briefs, Honolulu, for claimant-appellant Mark Crompton.

Thomas E. Cook, Edquon Lee, and Steven Y. Otaguro of Lyons, Brandt, Cook & Hiramatsu, on the briefs, Honolulu, for Employer/Insurance Carrier-Appellee Tern Corporation and First Insurance Co. of Hawaii, Ltd.

Clyde Umebayashi and Muriel M. Taira of Kessner, Duca, Umebayashi, Bain & Matsunaga, on the briefs, Honolulu, for Employer/Appellee K.A. Construction Co.

Susan Y.M. Chock, on the briefs, for Employer/Insurance Carrier-Appellee K.A. Construction Co. and California Indemnity Ins. Co.

Margery S. Bronster, Attorney General, and Robyn M. Kuwabe, Deputy Attorney General, on the briefs, for Appellee Special Compensation Fund, Department of Labor and Industrial Relations.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

MOON, Chief Justice.

In this factually complex workers' compensation case, claimant-appellant Mark Crompton appeals the decision and order of the Labor and Industrial Relations Appeals Board (LIRAB) granting summary judgment in favor of employer-appellee Tern Corporation (Tern) and its insurance carrier, appellee First Insurance Company of Hawai`i, Ltd. (First Insurance). On appeal, Crompton argues that the LIRAB erred in concluding that:

(1) employer-appellee...

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