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KORSAK v. HAWAI`I PERMANENTE MEDICAL GROUP, INC.

No. 21799.

12 P.3d 357 (1999)

94 Hawai`i 257

Richard J. KORSAK, Claimant-Appellant, v. HAWAII PERMANENTE MEDICAL GROUP, INC., Employer-Appellee, Self-Insured, and Special Compensation Fund, Appellee.

Intermediate Court of Appeals of Hawai'i.

Reconsideration Denied December 2, 1999.

Certiorari Granted January 4, 2000.

Attorney(s) appearing for the Case

David M. Robinson (Robinson & Chur), on the briefs, for claimant-appellant.

Clyde Umebayashi and Muriel M. Taira (Kessner Duca Umebayashi Bain & Matsunaga), on the briefs, for Employer-Appellee, Self-Insured.

Frances E.H. Lum and Nelson T. Higa (Deputy Attorneys General), on the briefs, for appellee.

BURNS, C.J., WATANABE, and LIM, JJ.

Opinion of the Court by LIM, J.

Claimant-Appellant Richard J. Korsak (Korsak) appeals the July 15, 1998 decision and order of the Labor and Industrial Relations Appeals Board (the Board) which denied workers' compensation for his disabling low back condition. We reverse because his employer failed to produce substantial evidence which expressly, directly, and specifically rebutted the presumption of compensability.

FACTS

Korsak worked as a...

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