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SURVIVORS OF YOUNG v. ISLAND FEELING, INC.

No. 25661.

125 P.3d 508 (2005)

109 Hawai`i 287

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

Intermediate Court of Appeals of Hawaii.

March 18, 2005.

Attorney(s) appearing for the Case

Herbert R. Takahashi and Rebecca L. Covert (Takahashi, Masui & Vasconcellos), on the briefs, for Claimant-Appellant.

Robin R. Horner, on the briefs, for Employer/Insurance Carrier-Appellee.

Frances E.H. Lum and Robyn M. Kuwabe, Deputy Attorneys General, State of Hawai`i, on the briefs, for Appellee Special Compensation Fund.

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

Opinion of the Court by LIM, J.

In this case involving workers' compensation death benefits, the wife and son (the survivors) of the employee, the late Roy W.C. Young (Young), appeal the February 12, 2003 decision and order of the Labor and Industrial Relations Appeals Board (the Board).

The survivors contend the Board was wrong as a matter of law in using the date-of-injury maximum weekly benefit rate (MWBR) to calculate their death benefits. They argue that...

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