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Bocalbos v. Kapiolani Medical Center for Women and Children3/17/1999
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.
We granted petitioner-appellant Mila Bocalbos's (claimant) application for a writ of certiorari to review the opinion of the Intermediate Court of Appeals (ICA) in Bocalbos v. Kapiolani Medical Center for Women and Children, No. 20719, mem. op. (Haw. App. Aug. 7, 1998) [hereinafter the "ICA's decision"]. In Bocalbos, claimant appealed a workers' compensation decision of the Labor and Industrial Relations Appeals Board (LIRAB) that awarded claimant temporary total disability benefits for one year only, ordered claimant's employer to pay for some, but not all, of claimant's medical services, and awarded claimant travel reimbursement at less than the maximum allowable rate. The ICA dismissed claimant's appeal for lack of jurisdiction, holding that claimant failed to appeal from a final appealable order because the question of permanent disability or disfigurement, if any, had been retained for further action by the labor director.
For the reasons set forth below, we hold that the decision and order of the LIRAB is a final appealable order under HRS ยง 91-14(a). Accordingly, we vacate the ICA's opinion and remand claimant's appeal to the ICA for a decision on the merits.
I. BACKGROUND
On July 25, 1986, claimant was injured when she was struck on the head and shoulders by a falling section of soggy ceiling material while working at her part-time job as a medical technologist at the Kapiolani Medical Center for Women and Children (employer). Following the incident, she experienced headaches and neck and shoulder pain and was certified as suffering from a cervical strain disability. On August 11, 1986, employer filed an industrial injury report with the Department of Labor and Industrial Relations Disability Compensation Division and paid claimant temporary total disability (TTD) benefits for the next twelve months. Claimant began osteopathic treatment in 1987 and was diagnosed as suffering from temporomandibular joint (TMJ) dysfunction in 1988.
On February 22, 1989, the director of labor issued a decision finding that claimant sustained compensable head, neck, and shoulder injuries, TMJ dysfunction, and an aggravation of a pre-existing psychological condition as a result of the July 25, 1986 incident. The director ordered employer: (1) to pay for all medical care, services, and supplies as the nature of claimant's injuries might require, including treatment for TMJ dysfunction and psychological conditions; and (2) to pay claimant TTD benefits of $15,120 for the 50-week period from August 10, 1986 through August 27, 1987. The director's decision further stated that " he matters of permanent disability and disfigurement, if any, shall be determined at a later date."
Over the next four years, claimant continued receiving osteopathic treatments and had dental work performed to treat her TMJ symptoms. On September 21, 1992, the labor director issued a supplemental decision, ordering that: (1) employer was liable for some, but not all, of the osteopathic and dental treatments claimant received since 1987; (2) claimant was entitled to travel reimbursement for her physician visits calculated at the personal vehicle rate for some visits, but at the public transportation rate for other visits; and (3) claimant was not entitled to further TTD benefits after August 1987. The director's decision further stated that "the issues of permanent disability and disfigurement, if any, are premature since claimant is still undergoing treatment for her TMJ condition" and, therefore, that "the matters of permanent disability and/or disfigurement, if any,
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