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Aarona v. Gte Hawaiian Telephone Co.

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eBook details

  • Title: Aarona v. Gte Hawaiian Telephone Co.
  • Author : In the Supreme Court of the State of Hawaii
  • Release Date : January 31, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Claimant-appellant Arthur Aarona (Aarona) appeals from the February 20, 2001 decision and order of the Department of Labor and Industrial Relations (DLIR) Appeals Board (LIRAB), reversing the decision of the Director of the Disability Compensation Division of the DLIR (Director) and concluding that (1) Aaronas shoulder dislocation on February 5, 1999 was not a compensable consequence of his April 7, 1995 work-related injury, and, therefore, not the liability of GTE Hawaiian Telephone Company, Inc. [hereinafter, "GTE Hawaiian Tel."], and (2) GTE Hawaiian Tel. was not liable for the treatment Aarona received at Kapiolani Medical Center at Pali Momi on February 5, 1999. On appeal, Aarona argues that (1) GTE Hawaiian Tel. was collaterally estopped from challenging compensability for, and precluded from relitigating the nature and scope of, the April 7, 1995 work-related injury, (2) the February 5, 1999 injury was a "recurrence" of the April 7, 1995 work-related injury, and, therefore, compensable, (3) GTE Hawaiian Tel. did not present substantial evidence to overcome the presumption that the February 5, 1999 injury was work-related, and (4) GTE Hawaiian Tel. should not be allowed to "reopen" the issue of compensability.


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