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Korsak v. Hawaii Permanente Medical Group11/28/2000
ication, the ICA applied the correct analysis. Accordingly, because the medical opinions in this case focused on whether the 1992 fall caused Korsak's low back condition, and did not focus on whether the PT session could have exacerbated Korsak's condition, we hold that the ICA did not err in concluding that the contents of the medical opinions were insufficient to rebut the presumption of compensability.
Kaiser also contends that substantial evidence was adduced that proved Korsak did not injure his back during a physical therapy session. On the contrary, the LIRAB found that "there a factual dispute on the issue of whether [Korsak] exacerbated his low back during PT for his right knee." (Emphasis added.) As noted by the ICA, the LIRAB then determined that, "even if [there were a PT incident]," Korsak's low back condition was due to pre-existing causes. (Emphasis added.) Giving due deference to the LIRAB's expertise in weighing the credibility of the evidence, see Dole Hawaii Div. - Castle & Cooke v. Ramil, 71 Haw. 419, 424, 794 P.2d 1115, 1118 (1990), the foregoing indicates, at most, that the LIRAB found the evidence regarding the PT session to be conflicting. As stated previously, under our workers' compensation statute, any "doubts [must] be resolved in favor of the claimant." Akamine, 53 Haw. at 409, 495 P.2d at 1166; see also Chung 63 Haw. at 652, 636 P.2d at 727 (determining that where evidence directly conflicts, "the legislature has decided that the conflict should be resolved in claimants' favor"). In the absence of substantial evidence that the injury is unrelated to the employment, the claimant must prevail. See Chung, 63 Haw. at 650, 636 P.2d at 726-27.
Therefore, presuming that Korsak developed right sciatica while performing PT for his right knee and considering the whole of Kaiser's evidence to the contrary, there was insufficient relevant and credible evidence to justify the LIRAB's conclusion that the PT session neither aggravated nor exacerbated Korsak's low back condition. Because Kaiser failed to produce substantial evidence that expressly, directly, and specifically rebutted Korsak's claimed injury , the LIRAB erred in concluding that Korsak's low back injury was not a compensable consequence. Accordingly, the ICA did not err in determining as much.
IV. CONCLUSION
Based on the foregoing, we hold that this court lacks jurisdiction over the SCF's petition for writ of certiorari. We, therefore, dismiss the SCF's certiorari proceedings for want of appellate jurisdiction. Additionally, we affirm the ICA's reversal of the decision and order of the LIRAB and remand for determination of compensation and apportionment, if any, for Korsak's current low back condition.
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