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CABATBAT v. COUNTY OF HAWAI`I

No. 23836.

78 P.3d 756 (2003)

103 Hawai`i 1

Clarence P. CABATBAT, Claimant-Appellant, v. COUNTY OF HAWAI'I, DEPARTMENT OF WATER SUPPLY, Employer-Appellee, Self-Insured.

Supreme Court of Hawai'i.

As Corrected December 8, 2003.

Attorney(s) appearing for the Case

Nelson H. Kinoshita, on the briefs, for claimant-appellant.

Joseph K. Kamelamela, Deputy Corporation Counsel, County of Hawai'i, on the briefs, for employer-appellee, self-insured.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by ACOBA, J.

We hold that the Labor and Industrial Relations Appeals Board (the Board) erred in relying exclusively on a part of the American Medical Association, Guides to the Evaluation of Permanent Impairment (4th ed., AMA 1993) [hereinafter AMA Guides] in affirming a Hawai'i Department of Labor and Industrial Relations Disability Compensation Division (DCD) decision determining that Claimant-Appellant Clarence Cabatbat (Cabatbat) suffered...

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