 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kawakami v. City and County of Honolulu12/24/2002
MOON, C.J., LEVINSON, NAKAYAMA, AND RAMIL, JJ., AND ACOBA, J., DISSENTING
I. INTRODUCTION
Claimant-Appellant Richard S. Kawakami appeals the decision and order of the Labor and Industrial Relations Appeals Board ("Board") denying his claim for worker's compensation benefits for an injury sustained by Kawakami while operating a vehicle owned by his employer, the City and County of Honolulu Board of Water Supply ("BOWS").
On appeal, Kawakami argues that the Board erred by: (1) failing to apply the presumption of worker's compensation coverage under Hawaii Revised Statutes ("HRS") ยง 386-85 (1993); (2) concluding that Kawakami had "substantially deviated" from his employment; and (3) concluding that Kawakami made a "second deviation" when he turned around to look for Ms. Onaga. For reasons discussed below, we affirm the decision and order of the Board.
II. BACKGROUND
Kawakami was employed with BOWS as a senior construction inspector. His normal work day lasted from 7:00 a.m. to 3:30 p.m. BOWS's construction supervisors are provided company vehicles for the purpose of traveling between the baseyard and job site and for performing daily work responsibilities. Supervisors pick up their assigned vehicles from the baseyard at the start of the day and are required to return the vehicle to the baseyard at the end of their work day. If an employee returns the BOWS vehicle after 5:30 p.m. as a result of overtime work, the employee checks in at the Control Center to obtain the gate key, parks the BOWS vehicle, and returns the gate key to the Control Center.
This dispute arose out of an accident that occurred on June 18, 1997 while Kawakami was operating his assigned company vehicle after work hours. On the day of the incident, Kawakami was assigned to a job site in Kaaawa. That morning, Ms. Jane Onaga ("Onaga"), Kawakami's then girlfriend, dropped Kawakami off for work at the baseyard on Beretania Street. Kawakami picked up his assigned vehicle and proceeded to the Kaaawa job site. At around 2:30 p.m., Kawakami called Onaga in response to a page he received. Onaga explained that a sewer line on her Waianae property was backing up and asked whether Kawakami could help resolve the problem. After securing the Kaaawa job site, Kawakami went to Waianae to correct the sewer line problem. Because the repair took longer than expected, the couple ate dinner, Kawakami consumed two beers, and Kawakami took a nap. At approximately 10:00 p.m., Kawakami woke up and instructed Onaga on which route he planned to take to return the BOWS vehicle. Onaga planned to follow Kawakami to the Beretania Street baseyard and take him home after he dropped off the BOWS vehicle. The couple then proceeded towards the baseyard. While traveling on Paakea Street, Kawakami noticed that there were no headlights behind him. Concerned about Onaga's well-being, Kawakami proceeded down Hakimo Road to Farrington Highway where he took a right turn heading back towards Waianae and away from the baseyard. While traveling west on Farrington Highway, Kawakami was struck by a car traveling in the opposite direction at approximately 11:50 p.m.
On April 21, 1998, BOWS filed an Employer's Report of Industrial Injury (WC-1) denying liability for Kawakami's claim of injury on June 18, 1997. On June 18, 1999, Kawakami filed an Employee's Claim for Worker's Compensation Benefits (WC-5). The Department of Labor and Industrial Relations Disability Compensation Division ("DCD") held a hearing to determine compensability of Kawakami's injuries and denied his claim.
Kawakami appealed to the Board. The Board ruled that Kawakami's injuries were not compensable because Kawakami subst
Page 1 2 3 4 5 6 7 8 9 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|