HRS 0386-0087 ANNOTATIONS

Hearings, see chapter 91.

Constitutional. 27 H. 97.

If board's questions to court are ambiguous or uncertain, the reserved question cannot be answered or determined. 31 H. 554. Reservations to supreme court confined to questions of law. 37 H. 517. See 33 H. 412; 34 H. 65. Issue of credibility is responsibility of appeals board as fact finder. 56 H. 552, 545 P.2d 692.

Appeal lies from circuit court to supreme court. 38 H. 384.

Contested case heard by appellate board is bound by requirements of §91-10. 54 H. 479, 510 P.2d 89.

Time for filing a written notice of appeal is mandatory. 57 H. 37, 549 P.2d 470.

Denial of application for reconsideration under subsection (d) is not subject to requirements of §91-11. 57 H. 535, 560 P.2d 1292.

A motion to reopen a case for newly discovered evidence pursuant to §386-89(a) tolls the twenty-day period within which a claimant must appeal the department's decision under this section. 85 H. 275, 942 P.2d 539.

Where there was no rational basis for board's refusing to consider additional evidence submitted by claimant, and no cogent explanation for board's failure to consider evidence in light of its direct effect on board's finding and conclusion, board abused its discretion in denying claimant's motion to reopen case. 93 H. 116 (App.), 997 P.2d 42.

Claimant's appeal of director's decision was untimely where appeal was not filed for that decision within twenty-day deadline as required under subsection (a), notwithstanding that other issues were yet to be decided. 98 H. 508 (App.), 51 P.3d 375.

Collateral estoppel did not preclude determination that employee was permanently and totally disabled, despite employee's failure to appeal department's finding of no permanent disability, since finding was superfluous to department's decision. 8 H. App. 543, 812 P.2d 1199.

Cited: 27 H. 431, 433; 31 H. 672, 676; 31 H. 814, 815; 32 H. 699, 700, 928; 37 H. 556, 565, 583; 39 H. 258.