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Bocalbos v. Kapiolani Medical Center for Women and Children3/9/2000
ration, Roucis explained that he
saw [Bocalbos] in office on March 3, 1989 as an emergency pat[ient]. She was referred there by [Wong], a colleague of mine in the treatment of TMJ disorder. A repair was made to the lower arch orthosis which [Bocalbos] wore at night. This repair wasincorrectly referred to as a retainer on the superbill dated 3/3/89. (Emphasis added.)
The Board denied Bocalbos's motion to reopen on April 23, 1997.
D.
HRS § 386-87(d) (1985) provides in pertinent part that "the [Board] may upon application of . . . any . . . party . . . reopen the matter and thereupon may take further evidence or may modify its findings, conclusions or decisions." By use of the term "may," HRS § 386-87(d) vests the Board with discretion to reopen the case. "It has been consistently held that rehearings before administrative bodies are addressed to their own discretion, and 'only a showing of the clearest abuse of discretion could sustain an exception to that rule.'" In re Kauai Elec. Div. of Citizens Utils. Co., 60 Haw. 166, 195, 590 P.2d 524, 543 (1978) (quoting United States v. Pierce Auto Freight Lines, Inc., 327 U.S. 515, 535 (1946)) (citations omitted). An abuse of discretion occurs when a reviewing body "exceeds the bounds of reason or disregards rules or principles of law or practice to the substantial detriment of a party." Kawamata Farms, Inc. v. United Agri Prods., 86 Hawai`i 214, 241, 948 P.2d 1055, 1082 (1997) (internal quotation marks and citations omitted). Thus, we review the Board's denial of Bocalbos's motion for abuse of discretion.
The Board gave no reasons for its denial of Bocalbos's motion. There is no cogent explanation for the Board's failure to consider Wong's and Roucis's letters or McRoberts's report in light of their direct effect on the correctness of the Board's finding and conclusion.
In the course of this case, the Board issued three decisions. The August 28, 1996 Decision and Order adopted the Director's decision approving McRoberts's treatment "as the nature of the injury may require." The amended Decision and Order partially reversed the first decision by restricting McRoberts's treatment plan. The third, designated as a second amended order, essentially reiterated the amended order. The change in the Board's focus of the evidence is reflected in its decisions. Under these circumstances, we conclude there was no rational basis for refusing to consider the evidence submitted by Bocalbos. The further evidence as stated by Bocalbos sought to clarify inter alia the following issues:
. The question of the relationship and tying in of the malocclusion and the TMJ condition . . .
. The issue as to whether the requested orthodontic and prosthodontic work on the missing teeth related only to an unrelated pre- existing problem, . . . or is caused by her industrial accident.
These issues related to the Board's revised decision to limit Bocalbos's medical entitlement. In our view, the equities of the case required the Board to allow Bocalbos the opportunity to present evidence rebutting the Board's reversal of its own compensation decision. In the absence of any reasonable articulation for its refusal, we believe that the Board abused its discretion in denying the motion.
V.
Notwithstanding finding 17 and conclusion 3, we posit that disposition of this case rests on Bocalbos's challenges to finding 34 and conclusion 6. Finding 34 determined that McRoberts's recommended orthodontic, orthopedic, and prosthodontic treatments were not related to Bocalbos's TMJD. Finding 34 states:
34. As to the orthodontic and orthopedic treatment a
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