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Nakamura v. State9/26/2000
nly one exacerbating factor related to Nakamura's employment, the IRS garnishment, whereas Dr. Shimizu considers it merely a culminating factor on top of the longer-term exacerbation stemming from Nakamura's hostile working environment. Because Dr. Shimizu's opinion, if adopted, would result in compensation, a doubt as to compensability is raised by the Board's findings of fact.
Given the Board's other findings; that Nakamura had problems with his supervisors, both in general and in a specific incident with one especially hostile and profane supervisor; that Nakamura felt, at various times as a result of the problems, "discriminated against," "pressured and uncomfortable" and "disturbed"; that Nakamura twice complained to the union about the problem; that Nakamura "experienced work stress as a result of conflicts with his supervisors, the bulk of [which] occurred while was working under Mr. Chung and Mr. Yoshioka"; that Nakamura several times attributed his psychological stress injury to his long-term exposure to the hostile work environment he described; and that Nakamura considered the IRS garnishment a mere culminating event; the doubt as to compensability raised by the Board's findings of fact cannot be considered as anything but reasonable.
Under the general principle given us by the Hawaii Supreme Court to govern workers' compensation cases, that reasonable doubt should have been resolved in favor of Nakamura, in the absence of the kind of substantial rebutting evidence defined by the relevant supreme court precedents.
IV. CONCLUSION.
Accordingly, we hold that the Board's ultimate conclusion, that Nakamura did not sustain a compensable personal injury on September 15, 1995, was "clearly erroneous" in light of the reliable, probative, and substantial evidence in the whole record.
Our holding is in accordance with well-established case law governing workers' compensation claims. Our courts have "traditionally construed HRS ยง 386-3 liberally in favor of conferring compensation because our legislature has decided that work injuries are among the costs of production which industry is required to bear[.]" Flor at , P.3d at (internal quotation marks and citations omitted). See also Ostrowski v. Wasa Elec. Services, Inc., 87 Hawaii 492, 496, 960 P.2d 162, 166 (App. 1998); Mitchell, 85 Hawaii at 255, 942 P.2d at 519; Chung, 63 Haw. at 649, 636 P.2d at 726; Akamine, 53 Haw. at 409, 495 P.2d at 1166.
We therefore vacate and remand for a determination of the amount of compensation in favor of Nakamura.
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