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Bocalbos v. Kapiolani Medical Center for Women and Children3/9/2000
eration to this court, Employer maintained that documents submitted with Bocalbos's April 14, 1997 motion to reopen should not be considered by us. As indicated in our original decision, while we believed the Board abused its discretion in failing to consider the further medical reports submitted by Bocalbos, the record, without consideration of such reports, in any event supports Bocalbos's claim. We conclude the Board erred in rendering finding 34 and conclusion 6 because there was ample substantial evidence in the record that the orthodontic, orthopedic, and prosthodontic treatments were necessary, in view of the nature of Bocalbos's injury.
As a starting point, we consider it undisputed that Bocalbos's TMJD was a compensable work-related injury , none of the parties contesting finding 2, which stated that "Claimant sustained compensable head, neck, and shoulder injuries as well as dysfunction and aggravation of her psychological condition on July 25, 1986, after she was struck by a falling section of soggy ceiling material."
In that regard, HRS § 386-3 (1985) provides, inter alia, that " f an employee suffers personal injury . . . by accident arising out of and in the course of employment[,] . . . the employee's employer . . . shall pay compensation[.]" (By virtue of HRS § 386-1 (1985), the insurer of an employer is also subject to the employer's liabilities.) Since Bocalbos sustained a work related injury, Employer was required to pay "compensation" for that injury as compensation is described under various provisions of HRS chapter 386.
As part of the compensation owed the employee, HRS § 386-21 provides that the employer "shall . . . so long as reasonably needed . . . furnish to the employee all medical care, services, and supplies as the nature of the injury requires." (Emphases added.) In addition, HRS § 386-24 (1985) mandates that the "medical services and supplies to which an employee suffering a work injury is entitled shall include such services, aids, appliances, apparatus, and supplies as are reasonably needed for the employee's greatest possible medical rehabilitation." (Emphasis added.)
C.
As indicated previously, Bocalbos testified that she had not experienced any related problems prior to the accident:
Q. . . . Prior to this injury , had you ever had any prior jaw, TMJ, dental problems?
A. No.
Q. Okay. Have you ever been diagnosed with malocclusion prior to the injury ?
A. No. Oh, I had one lower molar uprighted by Kamisugi back in the seventies. But if you recall in the report of , he talked to Kamisugi twice, and [Kamisugi] clarified that. (Emphases added.)
A letter dated July 17, 1992 from Matsumura, attached to Bocalbos's opposition memorandum to Employer's September 10, 1996 motion for reconsideration, stated, "[Bocalbos], who has been seen by me for dental treatment since 2/27/70, has had no TMJ problems since then to the time of the accident." As already mentioned, Wong reported that "previous medical and dental histories" of Bocalbos were "non- contributory," and "the accident of July 25, 1986 responsible for [Bocalbos's TMJD.]" Wong recommended a two-phased treatment plan, "phase II" being permanent "orthodontics" to maintain Bocalbos's correct jaw bone relationship. Sue, Employer's own IME expert, in apparent agreement with Wong, indicated that "orthodontic treatment may be employed" and that "a new dental prosthesis will be required to stabilize the occlusion." Kimura, another of Employer's IME experts, recommended "continued follow up and treatment by [Wong]." Courson, still another Employer IME expert, opined that "reconstruction of the teeth would
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