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John S. Athens v. International Archaeological Research Institute

November 30, 2011

JOHN S. ATHENS,
CLAIMANT-APPELLEE,
v.
INTERNATIONAL ARCHAEOLOGICAL RESEARCH INSTITUTE, INC., EMPLOYER-APPELLANT,
AND FIRST INSURANCE COMPANY OF HAWAII, LTD.,
INSURANCE CARRIER-APPELLEE



LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2006-086 (2-05-45770)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Employer-Appellant International Archaeological

Research Institute (Employer) appeals from the Hawaii Labor and Industrial Relations Appeals Board's (LIRAB) August 26, 2008 "Decision And Order" (Decision And Order).

Employer raises the following points of error:

(1) LIRAB erred in overruling Employer's objections to Dr. Eron's PowerPoint presentation, and in denying Employer's related oral and written motions to strike;

(2) LIRAB clearly erred in entering Findings of Fact (FOFs) 21 and 22, which state, in part:

21. Based on the foregoing, the Board finds that the only issue before the Board on this appeal is whether Claimant's [idiopathic CD4 lymphocytopenia (ICL)] was a compensable consequence or result of the January 5, 2005 work injury. The Board finds that the issue of whether Claimant's ICL was aggravated by the compensable January 5, 2005 injuiry is not subsumed in the issue of compensable consequence as identified in the January 31, 2007 pre-trial order.

22. Even if Claimant and Employer were allowed to proceed on the alternative argument that Claimant's cryptococcal meningitis aggravated his pre-existing ICL, the opinions of Dr. Berman and Dr. Eron established by substantial evidence that Claimant's cryptococcal meningitis did not aggravate an underlying ICL condition or disease.

3. LIRAB erred in concluding that Claimant's ICL was neither a compensable consequence of the January 5, 2005 cryptococcal meningitis, nor was the ICL caused by the cryptococcal meningitis; and

4. LIRAB erred in denying reconsideration of the

Decision and Order.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we ...


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