TAUESE v. STATE, DLIR

Nos. 26389, 26899.

147 P.3d 785 (2006)

Sione TAUESE, Plaintiff-Appellant, v. STATE of HAWAI`I, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS; Ritz-Carlton Kapalua; Marriott Claims Services Corporation, Defendants-Appellees. Sione A. Tauese, Claimant-Appellant, v. Ritz-Carlton Kapalua and Marriott Claims Services Corporation, Employer/Insurance Carrier-Appellee and Special Compensation Fund, Appellee.

Supreme Court of Hawai`i.

As Corrected November 21, 2006.


Attorney(s) appearing for the Case

Herbert R. Takahashi, Stanford H. Masui, Danny J. Vasconcellos, and Rebecca L. Covert (Takahashi, Masui, Vasconcellos & Covert), Honolulu, on the briefs, for Claimant-Appellant Sione Tauese.

Robert A. Chong and J. Thomas Weber (Ayabe, Chong, Nishimoto, Sia & Nakamura), Honolulu, on the briefs, for Defendants-Appellees Ritz-Carlton Kapalua and Marriott Claims Services Corp.

Robyn M. Kuwabe and Frances E. Lum (Deputy Attorneys General), on the briefs, for Defendants-Appellees Department of Labor and Industrial Relations and Special Compensation Fund.

NAKAYAMA, ACOBA, and DUFFY, JJ.; with MOON, C.J. and LEVINSON, J., Concurring Separately.


Opinion of the Court by ACOBA, J.

In this consolidated appeal Plaintiff/Claimant-Appellant Sione A. Tauese (Appellant) appeals from (1) the January 27, 2004 Judgment of the circuit court of the second circuit (the court), granting the motion to dismiss or in the alternative for summary judgment filed by Defendants/Employer/Insurance Carrier-Appellees Ritz-Carlton Kapalua (Ritz-Carlton) and Marriott Claims Services Corporation (Marriott) on Appellant's August 28, 2002...

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