Vicente v. Hilo Medical Investors, Ltd.

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 7, 2022
• Docket: CAAP-22-0000245
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-NOV-2022 07:57 AM Dkt. 43 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

DWIGHT J. VICENTE, Claimant-Appellant-Appellant, v. HILO MEDICAL INVESTORS, LTD., Employer-Appellee-Appellee, and AMERICAN HOME ASSURANCE COMPANY/AIG CLAIMS SERVICES, Insurance Carrier-Appellee-Appellee, and JOHN MULLEN & COMPANY, INC., Insurance-Adjuster-Appellee-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2015-259(H)(S); DCD NO. 1-87-00882)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Leonard, Presiding Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that we lack appellate jurisdiction over self-represented Claimant-Appellant- Appellant Dwight J. Vicente's (Vicente) appeal from a purported order denying Vicente's motion to continue trial by the Labor and Industrial Relations Appeals Board (LIRAB), in Case No. 2015- 259(H)(S), because the record on appeal in CAAP-XX-XXXXXXX does not include a final decision or order by the LIRAB regarding its review of a June 3, 2015 decision by the Director of the Department of Labor and Industrial Relations regarding Vicente's claim for further workers' compensation benefits for a May 3, 1987 injury. An aggrieved party may appeal from a final decision and order by the LIRAB directly to this court under Hawaii Revised Statutes (HRS) §§ 386-88 (2015) and 91-14 (2012). For purposes of HRS § 91-14(a), "final order" means "an order ending the proceedings, leaving nothing further to be accomplished[;] . . . Consequently, an order is not final if the rights of a party NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

involved remain undetermined or if the matter is retained for further action." Bocalbos v. Kapiolani Med. Ctr. for Women & Child., 89 Hawai i 436, 439, 974 P.2d 1026, 1029 (1999) (cleaned up). No final judgment has been entered in the underlying proceeding. Absent an appealable, final decision or order in LIRAB Case No. 2015-259(H)(S), the appeal is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that appellate case number CAAP-XX-XXXXXXX is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai i, November 7, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Derrick H.M. Chan Associate Judge