SURVIVORS OF YOUNG v. ISLAND FEELING, INC.

No. 25661.

125 P.3d 476 (2005)

109 Hawai`i 255

SURVIVORS OF Roy W.C. YOUNG, Petitioner/Claimant-Appellant, v. ISLAND FEELING, INC., and TIG P & C Insurance Company, Respondent/Employer/Insurance Carrier-Appellee, and Special Compensation Fund, Respondent/Appellee.

Supreme Court of Hawaii.

As Corrected January 26, 2006.


Attorney(s) appearing for the Case

Herbert R. Takahashi and Rebecca L. Covert (of Takahashi, Masui & Vasconcellos), Honolulu, on the writ and supplemental brief, for petitioner/claimant-appellant Survivors of Roy W.C. Young.

Robin R. Horner, Honolulu, on the supplemental brief, for respondent/employer/insurance carrier-appellee Island Feeling, Inc. and TIG P & C Insurance Company.

Frances E.H. Lum and Robyn M. Kuwabe, Deputy Attorneys General, on the supplemental brief, for respondent/appellee Special Compensation Fund.

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


Opinion of the Court by DUFFY, J.

In this workers' compensation death benefits case, Petitioner/Claimant-Appellant Shirlyn Young (Petitioner) and her son, Bronson Young (Bronson) [hereinafter, collectively, Petitioners], as the survivors of the employee, the late Roy W.C. Young (Young), appealed the February 12, 2003 decision of the Labor and Industrial Relations Board (LIRAB), which used the date-of-injury maximum weekly benefit rate (MWBR) to calculate their death...

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