Suzuki v. American Healthways, Inc. ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
03-NOV-2022
09:41 AM
Dkt. 154 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
LOLA L. SUZUKI, Claimant-Appellant-Appellant, v.
AMERICAN HEALTHWAYS, INC., Employer-Appellee-Appellee, and
ST. PAUL TRAVELERS, Insurance Carrier-Appellee-Appellee, and
LORNE K. DIRENFELD, M.D.; GARY N. KUNIHIRO, ESQ.; and
SHAWN L.M. BENTON, ESQ., Appellees-Appellees
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEAL BOARD
(CASE NOS. AB 2007-497(S) AND AB 2007-498(S);
DCD NOS. 2-06-14727 AND 2-07-04617)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Leonard, Presiding Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears we lack appellate
jurisdiction over self-represented Claimant-Appellant-Appellant
Lola Suzuki's (Suzuki) appeal from the Labor and Industrial
Relations Appeals Board's (LIRAB) December 28, 2021 "Order
Granting Employer's Second Amended Motion to Compel Attendance at
Medical Examination; and Denying Claimant's Motion for Partial
Summary Judgment" (Order) entered in consolidated LIRAB Case Nos.
AB 2007-497 and AB 2007-498.
Hawaii Revised Statutes (HRS) §§ 386-88 (2015) and 91-
14(a) (2012) authorize an aggrieved party to appeal a final
decision and order by the LIRAB to the this court as follows:
The appeal of a decision or order of the LIRAB
is governed by HRS § 91-14(a), the statute authorizing
appeals in administrative agency cases. HRS § 91-
14(a) authorizes judicial review of a final decision
and order in a contested case or a preliminary ruling
of the nature that deferral of review pending entry of
a subsequent final decision would deprive appellant of
adequate relief. For purposes of HRS § 91-14(a), we
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
have defined "final order" to mean an order ending the
proceedings, leaving nothing further to be
accomplished. . . . Consequently, an order is not
final if the rights of a party involved remain
undetermined or if the matter is retained for further
action.
Bocalbos v. Kapiolani Med. Ctr. for Women & Children, 89 Hawai i
436, 439, 974 P.2d 1026, 1029 (1999) (cleaned up). However, "an
order that finally adjudicates a benefit or penalty under the
worker's compensation law is an appealable final order under HRS
§ 91-14(a), although other issues remain." Lindinha v. Hilo
Coast Processing Co., 104 Hawai i 164, 168, 86 P.3d 973, 977
(2004) (citation omitted). But when a determination of a
compensation claim for benefits "has not been made[,] . . . the
requisite decree of finality is lacking with respect to th[e]
case." Mitchell v. State of Hawai i, Dep't of Educ., 77 Hawai i
305, 308, 884 P.2d 368, 371 (1994) (citation omitted).
Here, the Order: directs Suzuki to submit to medical
examinations to ascertain the extent of her purported neck
injury, declines to entertain her request for partial summary
judgment, and denies her request for sanctions. It does not end
the LIRAB proceedings, leaving nothing further to be
accomplished, nor does it finally adjudicate any matter of
medical and temporary disability benefits.
Therefore, IT IS HEREBY ORDERED that case number CAAP-
XX-XXXXXXX is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai i, November 3, 2022.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Karen T. Nakasone
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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