Li v. Kyo-Ya Ohana, LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: February 6, 2024
• Docket: CAAP-19-0000572
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-FEB-2024 07:58 AM Dkt. 37 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

PEI LI, Claimant-Appellant-Appellant, v. KYO-YA OHANA, LLC, Employer-Appellee-Appellee and ACCLAMATION INSURANCE MANAGEMENT SERVICES, Third-Party Administrator-Appellee-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2018-076 AND DCD NO. 2-13-05568)

SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)

Pei Li filed this appeal without counsel. His notice of appeal was filed by the Hawai#i Labor and Industrial Relations Appeals Board (LIRAB) on July 29, 2019. It appears he is appealing from the Decision and Order entered by LIRAB on July 3, 2019. Li's opening brief does not comply with Hawai#i Rules of Appellate Procedure Rule 28(b). A self-represented litigant's pleadings should be interpreted liberally, and they should not automatically be foreclosed from appellate review because they do not comply with court rules. Erum v. Llego, 147 Hawai#i 368, 380-81, 465 P.3d 815, 827-28 (2020). However, Li's brief has no statement of points of error and no argument. It consists of medical records and reports, with no explanation of why they are NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

material to this appeal, or why LIRAB's Decision and Order was clearly erroneous or wrong. We are not obligated to search the record for information that should have been provided by Li. Hawaii Ventures, LLC v. Otaka, Inc., 114 Hawai#i 438, 480, 164 P.3d 696, 738 (2007) (first citing Lanai Co., Inc. v. Land Use Comm'n, 105 Hawai#i 296, 309 n.31, 97 P.3d 372, 385 n.31 (2004) (explaining that an appellate court "is not obligated to sift through the voluminous record to verify an appellant's inadequately documented contentions" (citations omitted)); and then citing Miyamoto v. Lum, 104 Hawai#i 1, 11 n.14, 84 P.3d 509, 519 n.14 (2004)). Accordingly, the Decision and Order entered by LIRAB on July 3, 2019, is affirmed. DATED: Honolulu, Hawai#i, February 6, 2024.

On the briefs: /s/ Katherine G. Leonard Pei Li, Acting Chief Judge Self-represented Claimant- Appellant-Appellant. /s/ Keith K. Hiraoka Associate Judge Brian G.S. Choy, Keith M. Yonamine, /s/ Clyde J. Wadsworth for Employer-Appellee- Associate Judge Appellee and Third-Party Administrator-Appellee- Appellee.