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DUQUE v. HILTON HAWAIIAN VILLAGE

No. 24077.

98 P.3d 640 (2004)

105 Haw. 433

Bobby P. DUQUE, Claimant-Appellant v. HILTON HAWAIIAN VILLAGE and Gallagher Bassett Services, Inc., Employer/Insurance Adjuster-Appellee and Special Compensation Fund, Appellee.

Supreme Court of Hawai'i.

October 4, 2004.

Attorney(s) appearing for the Case

Gary O. Galiher, L. Richard DeRobertis, Derek S. Nakamura, Jeffrey T. Ono, Honolulu, Anthony P. Takitani, Wailuku, and Diane T. Ono, on the briefs, Honolulu, for Claimant-Appellant Bobby P. Duque.

Jennifer M. Yusi, Honolulu, and Ann K. Kuwaye (Rush Moore Craven Sutton Morry & Beh), on the briefs, for Employer-Appellee Hilton Hawaiian Village and Insurance Adjuster-Appellee Gallagher Bassett Services, Inc.

Frances E.H. Lum and Herbert B.K. Lau, Deputy Attorneys General, on the briefs, for Appellee Special Compensation Fund.

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

Opinion of the Court by ACOBA, J.

We hold that in this case, the Labor and Industrial Relations Appeals Board (LIRAB) erred in concluding that the permanent partial disability (PPD) rating and award of Claimant-Appellant Bobby P. Duque (Claimant) must be determined by use of the most current edition of the American Medical Association, Guides to the Evaluation of Permanent Impairment [hereinafter Guides]. While the most recent edition incorporates the...

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