NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
20-DEC-2022
08:36 AM
Dkt. 122 OAWST
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
MILA G. BOCALBOS, Claimant-Appellant-Appellant, v.
KAPIOLANI MEDICAL CENTER FOR WOMEN AND CHILDREN,
Employer-Appellee-Appellee, Self Insured, and
HAWAII PACIFIC HEALTH,
Self-Administrator-Appelle-Appellee
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2005-032; DCD NO. 2-86-16536)
ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Leonard, Presiding Judge, McCullen and Chan, JJ.)
Upon consideration of the Proposed Stipulation to
Dismiss Appeal, filed October 11, 2022, by Claimant-Appellant-
Appellant Mila G. Bocalbos (Bocalbos), the papers in support, and
the record, and noting no opposition, it appears that:
(1) The parties stipulate to dismiss the appeal and
that they will bear their own attorneys' fees and costs, under
Hawai i Rules of Appellate Procedure Rule 42(b); and
(2) The stipulation is dated and signed by Samuel P.
King, Jr., as counsel for Bocalbos, and J. Thomas Weber (Weber),
as counsel for Employer-Appellee-Appellee Kapiolani Medical
Center for Women and Children. Although Weber is also counsel of
record for Self-Administrator-Appellee-Appellee Hawaii Pacific
Health, Weber did not sign the stipulation as Hawaii Pacific
Health's attorney, nor does the stipulation indicate that Hawaii
Pacific Health, which has appeared in the appeal, need not
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
participate in the stipulation. Thus, the court will construe
the stipulation as a motion by Bocalbos, and grant the requested
relief.
Therefore, IT IS HEREBY ORDERED that the October 11,
2022 Proposed Stipulation to Dismiss Appeal, construed as a
motion by Bocalbos, is granted, and the appeal is dismissed. The
parties shall bear their own attorneys' fees and costs.
DATED: Honolulu, Hawai i, December 20, 2022.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
2