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UNIVERSITY OF HAWAI`I v. BEFITEL

No. 24270.

100 P.3d 55 (2004)

105 Hawai`i 485

UNIVERSITY OF HAWAI`I, Appellant-Appellee v. Nelson B. BEFITEL, Director, Department of Labor and Industrial Relations, Appellee-Appellant, and Manaiakalani N.K. Kalua, Appellee.

Supreme Court of Hawai`i.

Reconsideration Denied November 15, 2004.

Attorney(s) appearing for the Case

Frances E.H. Lum and Robyn M. Kuwabe, Deputy Attorneys General, State of Hawai`i, On the briefs, for appellee-appellant.

Walter S. Kirimitsu, General Counsel, Jan S. Gouveia and Ruth I. Tsujimura, Office of the General Counsel, University of Hawai`i, On the briefs, for appellant-appellee.

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

Opinion of the Court by ACOBA, J.

We hold that, under Hawai`i Revised Statutes (HRS) § 383-7(9)(B) (1993), eligibility of a student-employee for unemployment insurance benefits rests on whether the "primary relationship" the student occupies with respect to the school, college, or university involved is that of student or employee. Under the circumstances of this case, the primary relationship that Appellee Manaiakalani Kalua (Claimant) had to the University...

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