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PAVE v. PRODUCTION PROCESSING, INC.

No. CAAP-17-0000600 No. CAAP-17-0000925.

524 P.3d 355 (2022)

Jerome C. PAVE, Claimant, v. PRODUCTION PROCESSING, INC., Employer-Appellee/Appellee, and Gallagher Bassett Services, Inc., Insurance Carrier-Appellee/Appellee, and Special Compensation Fund, Appellant/Appellant Clyde A. Dias, Claimant, v. Altres, Inc., Employer-Appellant/Appellee, and Hawaii Employers' Mutual Insurance Company, Inc., Insurance Carrier-Appellant/Appellee, and Special Compensation Fund, Appellee/Appellant.

Intermediate Court of Appeals of Hawai`i.

December 22, 2022.

Attorney(s) appearing for the Case

On the briefs:

Herbert B.K. Lau , Frances E. H. Lum , Deputy Attorneys General, Department of the Attorney General, State of Hawai`i, for Appellant-Appellant Special Compensation Fund in CAAP-17-0000600.

Robyn M. Kuwabe , Frances E. H. Lum , Deputy Attorneys General, Department of the Attorney General, State of Hawai`i, for Appellee-Appellant Special Compensation Fund in CAAP-17-0000925.

Brian G.S. Choy , Keith M. Yonamine , for Employer-Appellee/Appellee Production Processing, Inc. and Insurance Carrier-Appellee/Appellee Gallagher Bassett Services, Inc. in CAAP-17-0000600.

Brian G.S. Choy , Keith M. Yonamine , for Employer-Appellant/Appellee Altres, Inc. and Insurance Carrier-Appellant/Appellee Hawaii Employers' Mutual Insurance Company, Inc. in CAAP-17-0000925.

LEONARD, PRESIDING JUDGE, HIRAOKA AND NAKASONE, JJ.

In each of these consolidated appeals, a person was accidentally injured while working. Before being injured, the person had an asymptomatic physical condition that contributed to cause post-work-accident disability, but there was no evidence that the preexisting condition had impaired the person's physical functioning...

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