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Brash v. Proservice Hawaii

Intermediate Court of Appeals of Hawai'i

January 30, 2015

RANDY L. BRASH, Claimant-Appellant,
v.
PROSERVICE HAWAII, Employer-Appellee, Self-Insured, and SEABRIGHT INSURANCE COMPANY, Third-Party Administrator-Appellee

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter.

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD. (CASE NO. AB 2008-009(WH) (9-06-01212 HON)).

On the briefs: Edie A. Feldman, for Claimant-Appellant.

Carlton W.T. Chun, Leilani A. DeCourcy, for Employer-Appellee and Third-Party Administrator-Appellee.

By: Nakamura, C.J., Fujise and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

Claimant-Appellant Randy L. Brash appeals from the January 3, 2012 Decision and Order and the March 21, 2012 Supplemental Decision and Order, both entered by the Labor and Industrial Relations Appeals Board.[1] The case involves the Board's consideration of appeals brought by Employer-Appellee Proservice Hawaii and Insurance Carrier-Appellee Seabright Insurance Company from the decision of the Director of Labor and Industrial Relations concerning the compensation available for an August 21, 2006 incident in which Claimant fractured the distal radius bone in his right arm.

In the Decision and Order, the Board considered five issues:

(a) Whether the Director erred in ordering Employer to continue paying temporary total disability (" TTD" ) benefits after February 15, 2007;
(b) Whether the Director erred in not awarding Employer a credit for TTD benefits paid from June 11, 2007 to September 14, 2007;
(c) Whether Claimant's left wrist, left elbow, and left shoulder conditions are causally related to the August 21, 2006 work injury;
(d) Whether Employer is liable for a carpectomy and surgery for right carpal tunnel syndrome allegedly arising out of Claimant's August 21, 2006 work injury; and
(e) Whether Claimant is entitled to, and Employer liable for, the surgical request and treatment by Cathleen Godzik, M.D.

The Board concluded that:

(a) the Director did not err in ordering Employer to continue paying TTD benefits after February 15, 2007;
(b) the Director did not err by declining to award Employer credit for TTD benefits paid from June 11, ...

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