NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
28-FEB-2023
10:28 AM
Dkt. 87 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
ESTATE OF KIMO I. JARDIN, Claimant-Appellant-Appellee, v.
STATE OF HAWAII DEPARTMENT OF TRANSPORTATION,
Employer-Appellee-Appellant, Self-Insured, and
STATE OF HAWAII DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,
Adjuster-Appellee-Appellant
SURVIVORS OF KIMO I. JARDIN, Claimant-Appellant-Appellee, v.
STATE OF HAWAII TRANSPORTATION DEPARTMENT,
Employer-Appellee-Appellant, Self-Insured, and
STATE OF HAWAII DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,
Adjusters-Appellee-Appellant
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2018-123; DCD NO. 4-15-10033)
ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)
Upon consideration of Claimants-Appellants-Appellees
Kimo I. Jardin and Survivors of Kimo I. Jardin's (Jardin Parties)
January 27, 2023 Motion to Dismiss Appeal for Lack of
Jurisdiction (Motion), the papers in support and in opposition,
and the record, it appears that the Jardin Parties seek dismissal
of the appeal on the basis that the Labor and Industrial
Relations Appeals Board's (LIRAB) July 6, 2022 Proposed Decision
and Order and August 9, 2022 Order Adopting Proposed Decision and
Order (together, Orders) appealed from are not final, appealable
orders because they determine that the underlying claims are
compensable, but they do not determine the amount of
compensation.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
An aggrieved party may appeal from a final decision and
order by the LIRAB directly to this court under Hawaii Revised
Statutes (HRS) §§ 386-88 (2015) and 91-14 (2012). For purposes
of HRS § 91-14(a), "final order" means "an order ending the
proceedings, leaving nothing further to be accomplished[;] . . .
Consequently, an order is not final if the rights of a party
involved remain undetermined or if the matter is retained for
further action." Bocalbos v. Kapiolani Med. Ctr. for Women &
Child., 89 Hawai i 436, 439, 974 P.2d 1026, 1029 (1999) (cleaned
up). Thus, a LIRAB decision merely "finding a workers'
compensation claim to be compensable [is] not an appealable final
order because the amount of compensation ha[s] yet to be
determined." Id. (citing Williams v. Kleenco, 2 Haw. App. 219,
629 P.2d 125 (1981)).
Therefore, IT IS HEREBY ORDERED that the Motion is
granted, and appellate case No. CAAP-XX-XXXXXXX is dismissed for
lack of appellate jurisdiction.
DATED: Honolulu, Hawai i, February 28, 2023.
/s/ Clyde J. Wadsworth
Presiding Judge
/s/ Karen T. Nakasone
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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