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Ostrowski v. Wasa Electrical Services Inc.6/4/1998
Opinion OF THE COURT BY KIRIMITSU, J.
This appeal involves a dispute over the nature and scope of coverage under the Hawai'i workers' compensation law, Hawai'i Revised Statutes (HRS) chapter 386 (1985). Claimant-Appellant Damian K. Ostrowski (Ostrowski) appeals from the May 20, 1997 Decision and Order (decision and order) of the Labor and Industrial Relations Appeals Board (LIRAB) denying his claim for workers' compensation benefits. Employer-Appellee is Wasa Electrical Services, Inc. (Wasa). Ostrowski argues that the LIRAB erred by: (1) concluding that the drinking party during which he sustained his injury was not an incident of his employment; (2) finding that the after-hours sidewalk drinking party was a social activity that was not sponsored or organized by Wasa; (3) finding that Ostrowski returned to the after-hours drinking party at 6:00 p.m. on his own initiative and for purely social reasons; (4) finding that Ostrowski's physical altercation with Lawrence Chang, Jr. (Chang, Jr.) was over Change, Jr.'s belligerent behavior towards his father, Lawrence Chang, Sr. (Chang, Sr.), and Ostrowski's concern for Chang, Sr.'s safety, and was therefore not related to Ostrowski's employment; and (5) finding and concluding that the drinking party did not in any way "benefit" Wasa.
We disagree with Ostrowski that the LIRAB's pertinent findings of fact were clearly erroneous or that its Conclusions of law were wrong. Accordingly, we affirm the LIRAB's decision and order.
I. BACKGROUND
a. Factual history
Before or around 1989, Wasa employed Ostrowski as a "field" electrician. On December 29, 1989, Ostrowski began work at 7:00 a.m. at an Ala Moana job site. Around 11:30 a.m., a coworker informed him that Wasa was sponsoring a New Year's Eve party for its employees, on Wasa's business premises. Ostrowski testified that a foreperson for whom he worked also encouraged him to attend the party, leaving Ostrowski with the impression that attendance was encouraged, if not mandatory.
Ostrowski left the Ala Moana job site early in order to attend the New Year's Eve party, arriving at Wasa's business premises around 1:30 p.m.; the party apparently began at 11:30 a.m. Ostrowski testified that he expected to be paid for a full, eight-hour day, but was paid for only a half-day. Other employees who attended the party were similarly paid for only a half-day of work.
At the party, Wasa provided catered food and soft drinks. No alcoholic beverages were served because of Wasa's company policy prohibiting alcoholic beverages from being served or consumed on its premises, of which policy Ostrowski and other employees were aware.
However, a group of approximately twenty-five to thirty employees, including members of Wasa's management, had assembled on a sidewalk across the street from Wasa's premises to drink beer and alcohol. A large cooler filled with ice and beer was placed on the public sidewalk, as was a couch on which to sit. The beer was purchased with the personal funds of the employees, but the ice was from Wasa's ice machine, and the ice cooler was owned and supplied by Wasa.
During the year or so that Ostrowski was employed by Wasa, there were approximately four similar office-sponsored parties, as well as less formal "pau hana," after-work parties that allegedly occurred at least three times per week. On all such occasions, employees, including management, would consume alcoholic beverages on the sidewalk with arrangements similar to the December 29, 1989 New Year's Eve party. Wasa was aware of this practice and did not prohibit it.
Ostrowski was at the
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