Pave v. Production Processing, Inc.

Opinion

FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 23-MAY-2023 08:10 AM Dkt. 113 OCOR IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

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JEROME C. PAVE, Claimant, v. PRODUCTION PROCESSING, INC., Employer-Appellee/Appellee, and GALLAGHER BASSETT SERVICES, INC., Insurance Carrier- Appellee/Appellee, and SPECIAL COMPENSATION FUND, Appellant/Appellant

NO. CAAP-XX-XXXXXXX

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2015-011 (DCD No. 2-10-02936))

CLYDE A. DIAS, Claimant, v. ALTRES, INC., Employer-Appellant/Appellee, and HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY, Inc., Insurance Carrier-Appellant/Appellee, and SPECIAL COMPENSATION FUND, Appellee/Appellant

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2014-387 (DCD No. 2-08-08354))

ORDER OF CORRECTION (By: Hiraoka, J., for the court1)

1 Leonard, Presiding Judge, Hiraoka and Nakasone, JJ. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

The Opinion of the Court, filed on December 22, 2022, is hereby corrected as follows: 1. On page 11, in footnote 11, the reference to "Merrian-Webster" should be replaced with "Merriam-Webster" so that as corrected, the sentence reads: "Spondylosis, Merriam- Webster, https://www.merriam-webster.com/medical/spondylosis (last visited Dec. 14, 2022)."

2. On page 12, in the last line of the first partial paragraph should should be indented to appear as:

occasional needle sensation in both hands and stiffness in the morning. [Pave] also reported bowel and bladder control problems and difficulty with sexual function.

3. On page 21, in line 4 in the block quote from Bumanglag v. Oahu Sugar Co., 78 Hawai#i 275, 278, 892 P.2d 468, 471 (1995), the word "lumber" should be changed to "lumbar," to read as follows:

Even if we were to accept Dr. Hendrickson's opinion as to [Bumanglag]'s preexisting impairment for his low back condition, and apply it to the highest permanent impairment rating for the lumbar region (11% of the whole person), 20 to 25% of 11% would provide, at most, 2.75% preexisting permanent partial disability of the whole person. Permanent partial disability of 2.75% of the whole person is equal to 10.71 weeks of compensation . . . . It has not been shown that [Bumanglag] has a preexisting permanent partial disability of 32 weeks of compensation necessary to warrant apportionment with SCF.

The clerk of the court is directed to take all necessary steps to notify the publishing agencies of these changes. DATED: Honolulu, Hawai#i, May 23, 2023.

FOR THE COURT:

/s/ Keith K. Hiraoka Associate Judge