Bocalbos v. Kapiolani Medical Center for Women and Children

Hawaii Intermediate Court of Appeals

Bocalbos v. Kapiolani Medical Center for Women and Children

CourtHawaii Intermediate Court of Appeals

DecidedDecember 20, 2022

DocketCAAP-21-0000304

StatusPublished

This text of Bocalbos v. Kapiolani Medical Center for Women and Children (Bocalbos v. Kapiolani Medical Center for Women and Children) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bocalbos v. Kapiolani Medical Center for Women and Children, (hawapp 2022).

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Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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attorney, nor does the stipulation indicate that Hawaii Pacific Health, which has appeared in the appeal, need not NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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

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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

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Bocalbos v. Kapiolani Medical Center for Women and Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bocalbos-v-kapiolani-medical-center-for-women-and-children-hawapp-2022.