JOU v. HAMADA

Nos. 27491, 27539.

201 P.3d 614 (2009)

Emerson M.F. JOU, M.D., Provider-Appellant, v. Gary S. HAMADA, Administrator, Disability Compensation Division, and Darwin Ching, Director, Department of Labor and Industrial Relations, State of Hawai`i, Appellees-Appellees and Argonaut Insurance Company, Respondent-Appellee. and Emerson M.F. Jou, M.D., Provider-Appellant, v. Gary S. Hamada, Administrator, Disability Compensation Division, and Darwin Ching, Director, Department of Labor and Industrial Relations, State of Hawai`i, Appellees-Appellees and Marriott Claim Services Corporation, Respondent-Appellee.

Intermediate Court of Appeals of Hawai`i.

As Corrected March 5, 2009.


Attorney(s) appearing for the Case

Stephen M. Shaw, on the briefs, for provider-appellant.

Frances E.H. Lum, Herbert B.K. Lau, Deputy Attorneys General, Department of Attorney General, State of Hawai'i, on the briefs, for appellee-appellee.

Robert A. Chong, Steven L. Goto, Honolulu, on the briefs, for respondent-appellee Marriott Claim Services Corporation.

Kenneth T. Goya, Steven L. Goto, Honolulu, on the briefs, for respondent-appellee Argonaut Insurance Company.

FOLEY, Presiding Judge, NAKAMURA, and FUJISE, JJ.


Opinion of the Court by NAKAMURA, J.

Under the provisions of Hawaii Revised Statutes (HRS) §§ 386-73 (Supp.2007) and 386-87 (1993) of the Hawai`i workers' compensation law, the parties to a decision by the Director of the Department of Labor and Industrial Relations (the Director) have the right to appeal the Director's decision to the Labor and Industrial Relations Appeals Board (LIRAB). The Director has promulgated a rule, Hawaii Administrative Rules ...

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