Justia Labor & Employment Law Opinion Summaries

Plaintiff, the former Chief of the General Medical & Preventative Services Division at the Hawaii Department of Health, filed a tort complaint against the State and Senator Rosalyn Baker, alleging that Baker eliminated his position in retaliation for whistleblowing activities. Baker filed a motion to dismiss the complaint on the grounds that she was immune from suit based on legislative immunity, that the claims were untimely, and that the complaint failed to state a claim. The circuit court granted in part and denied in part Baker’s motion to dismiss, finding, as relevant to this appeal, that Baker was not entitled to dismissal on the basis of legislative immunity. Baker appealed. The Intermediate Court of Appeals (ICA) dismissed the appeal for lack of appellate jurisdiction. The Supreme Court vacated the ICA’s order and remanded to the ICA for determination of the appeal on the merits, holding that the ICA had jurisdiction to hear Baker’s appeal because the circuit court’s order was an immediately appealable collateral order. View "Greer v. Baker" on Justia Law

Appellant was injured while he was working for his former employer. Appellant made a workers’ compensation claim against his former employer and its insurance carrier (collectively, Defendants). The Labor and Industrial Relations Appeals Board (LIRAB) concluded that substantial evidence rebutted the presumption that that Appellant’s injuries were related to his work accident and, further, limited Plaintiff’s TTD benefits based on deficiencies in the certificates of disability submitted by Appellant’s attending physicians. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and the LIRAB’s decision and order, holding that the LIRAB erred in (1) concluding that Defendants adduced substantial evidence that rebutted the presumption that Appellant’s injuries were covered work-related injuries; and (2) relying on the deficiencies in Appellant’s physicians’ reports in limiting Appellant’s TTD benefits. Remanded. View "Panoke v. Reef Dev. of Hawaii, Inc." on Justia Law

In 1996, Petitioner suffered a work-related injury while employed by Employer. Petitioner was subsequently awarded temporary total disability (TTD) benefits. In 2008, Employer denied Petitioner’s request that he be fitted for a neuromonics device for treatment of his tinnitus condition and gave notice of its intent to terminate TTD payments. Petitioner requested a hearing challenging Employer’s actions. The Director of the Department of Labor and Industrial Relations, Disability Compensation Division, determined that Petitioner was not entitled to a neuromonics device and that he was no longer entitled to TTD benefits because he was able to resume work. The Labor and Industrial Relations Appeals Board (LIRAB) affirmed the Director’s decision. The Intermediate Court of Appeals (ICA) affirmed LIRAB’s decision and order. The Supreme Court vacated the ICA’s judgment and LIRAB’s decision and order, holding (1) there was substantial evidence to show that the neuromonics device was reasonably needed for treating Petitioner’s tinnitus; and (2) based on that finding, Petitioner was not medically stable and unable to return to work, and therefore, Petitioner was entitled to reinstatement of TTD payments. View "Pulawa v. Oahu Constr. Co., Ltd." on Justia Law