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Bocalbos v. Kapiolani Medical Center for Women and Children3/9/2000
1986 through August 27, 1987, the date on which Cachola released Bocalbos to resume work to Kapiolani under Cachola's supervision.
On September 21, 1992, the Director issued a supplemental decision and order denying temporary total disability benefits after August 27, 1987, finding that "if [Bocalbos] can continue her education [at osteopathy school] then she is capable of working at her customary employment." Further, the Director concluded that Employer was not responsible for covering treatment provided by Roucis. On October 12, 1992, Bocalbos appealed this decision to the Board.
On December 23, 1992, Bocalbos requested that the Board remand her claim to the Director to address her entitlement to treatment from McRoberts and Ehrenfeuchter. The remand request was granted on January 8, 1993.
On December 21, 1993, the Director issued a supplemental order stating that Bocalbos was entitled to treatment from Ehrenfeuchter and McRoberts. The December 21, 1993 supplemental order did not state the specific type of treatment for which Employer would be liable. However, the order stated that "employer shall pay for such medical care, services and supplies as the nature of the injury may require to include the treatment of [McRoberts] and [Walter Ehrenfeuchter, D.O.]." (Emphasis added.)
On January 10, 1994, Employer appealed to the Board from this decision. On the same date, Employer also filed a motion for stay of payments. The stay was granted on January 24, 1994.
On April 3, 1995, trial was held.
On August 28, 1996, the Board issued a "Decision and Order." This decision denied temporary total disability benefits on or after August 28, 1987, the date on which Employer terminated paying temporary total disability benefits to Bocalbos because she was released to return to work at Kapiolani. Compensation for medical services provided by Roucis was also denied. However, the Board concluded that "the Director properly found that Bocalbos was entitled to medical care by Drs. McRoberts and Ehrenfeuchter" (emphasis added) and approved their treatment and Becker's April 16, 1991 treatment plan.
On September 10, 1996, Employer requested that the Board reconsider its decision awarding medical treatment by Ehrenfeuchter and McRoberts. It contended that McRoberts never explained the specific orthodontic procedures he planned to utilize, and urged clarification of the Board's award.
On December 17, 1996, the Board issued an "Amended Order and Decision." The Board amended its prior decision by adding a conclusion 6 which stated, in pertinent part, that Employer was "liable for treatment of [Bocalbos's] TMJ dysfunction only . . . and not liable for treatment of pre-existing missing teeth and malocclusion." According to the Board, Employer was required to provide only compensation for treatment by McRoberts involving "exercise, soft diet, and a soft mandibular orthotic splint[,]" and was not responsible for "orthodontic and orthopedic treatment and . . . prostho-dontics[,]" as recommended by McRoberts. The Board again confirmed Employer was liable for Ehrenfeuchter's treatment.
On January 16, 1997, Bocalbos filed a motion for reconsideration of the Board's amended order and decision. On March 14, 1997, the Board issued its "Second Amended Order and Decision." In the preamble to the findings and conclusions, the Board reiterated that Employer was not liable for treatment provided by Roucis, or for "the proposed orthodontic and orthopedic treatment or the recommended prosthodontic treatment."
On April 14, 1997, Bocalbos filed a motion to reopen the case to take further evidence in connection with the Boar
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