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Kadota v. Director, State Department of Labor & Indus. Rels.

Intermediate Court of Appeals of Hawai'i

February 26, 2015

FAITH KADOTA, Appellant-Appellant,
v.
DIRECTOR, STATE OF HAWAI'I DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS; AND STATE UNIVERSITY OF HAWAI'I PAYROLL OFFICE, Appellees-Appellees

Editorial Note:

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

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. (CIVIL NO. 11-1-1904-08 RAN).

On the briefs: David A. Fanelli, (Law Offices of David A. Fanelli, LLLC), for Appellant-Appellant.

Frances E.H. Lum, Li-Ann Yamashiro, Deputy Attorneys General, Department of the Attorney General, Labor Division, for Appellee-Appellee Director, State of Hawai'i Department of Labor and Industrial Relations.

Christine Tamashiro, Associate General Counsel, University of Hawai'i, for Appellee-Appellee University of Hawai'i.

Fujise, Presiding Judge, Reifurth and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

Appellant-Appellant Faith Kadota (Kadota) appeals from the Final Judgment of the Circuit Court of the First Circuit (circuit court),[1] entered on March 27, 2012, affirming the Employment Security Appeals Referees' Office Decision 1101849 in favor of Appellees-Appellees Director, State of Hawai'i Department of Labor and Industrial Relations (DLIR) and State University of Hawai'i Payroll Office (UH). Kadota, previously employed as a secretary for the John A. Burns School of Medicine at UH, filed a claim for unemployment benefits, which was denied by the DLIR Unemployment Insurance Division (UID). The denial was affirmed by the DLIR Employment Security Appeals Referees' Office (hereinafter Appeals Officer), which was then affirmed by the circuit court.

Kadota contends that the circuit court erred when it: (1) affirmed the Appeals Officer's determination that Kadota was not able and available for work; and (2) concluded that the Appeals Officer did not abuse her discretion when she denied Kadota's request to postpone the hearing to obtain counsel.

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 by the parties, as well as the relevant statutory and case law, we resolve Kadota's points of error as follows and affirm.

(1) Availability under HRS § 383-29(a)(3).

The issue here[2] is whether Kadota's caregiving responsibilities for her disabled sister restricted her availability to accept full-time work under Hawaii Revised Statutes (HRS) § 383-29(a)(3) (2014), which provides in relevant part:

ยง 383-29 Eligibility for benefits. (a) An unemployed individual shall be eligible to receive benefits with respect to any week ...

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