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Sales v. Kapiolani Medical Center12/24/2002
ORDER DISMISSING APPEAL
In this workers' compensation case, Claimant Corazon Y. Sales (Sales) appeals the November 28, 2000 order of the Labor and Industrial Relations Appeals Board (the Board) that adopted the Board's November 9, 2000 proposed decision and order in favor of Employer-Appellee Kapiolani Medical Center (KMC) and Insurance Adjuster-Appellee John Mullen & Co., Inc. (collectively, Appellees). The Board's decision and order reversed the October 8, 1998 decision of the Director of Labor and Industrial Relations (the Director) that approved the December 18, 1997 claim for compensation filed by Sales pursuant to Hawaii Revised Statutes (HRS) ยง 386-3 (1993 & Supp. 2001). According to the Director, Sales, a nurse aide, suffered a compensable stress injury on September 29, 1997, after she was disciplined by KMC "for failure to follow a superior's order in the specific manner directed" -- more specifically, for failing, when asked, to help staff nurses transfer a heavy-set patient from a stretcher to a hospital bed. The Board reversed, concluding (1) that Sales did not suffer a stress injury because of the disciplinary action taken against her, and (2) that even if Sales did, her injury did not arise out of and in the course of her employment.
On appeal, Sales contends the disciplinary action caused her stress injuries, and that her injuries were the result of being disciplined for performing a task within the course of her employment, albeit in an unauthorized manner. Appellees counter that Sales' failure to provide the transcript of the October 1, 1999 hearing before the Board renders the record on appeal inadequate for appellate review.
At the October 1, 1999 hearing, the Board heard testimony from three medical experts -- independent psychological examiner Joseph P. Rogers, Ph.D (Dr. Rogers); independent medical examiner Mark Dillen Stitham, M.D. (Dr. Stitham); and Sales' psychiatrist, Shepard Ginandes, M.D. (Dr. Ginandes) -- and from two witnesses who were present at the meeting in which Sales was disciplined -- Sales' supervisor Julie Spafford (Spafford) and Sales' "witness" for the meeting, Elsie Takara (Takara). In concluding that Sales did not suffer a compensable injury , the Board considered and evaluated the hearing testimony of the foregoing witnesses, and in large part thereupon, made the following relevant findings of fact:
21. Although [Sales] denied refusing to help Nurse Yiu, based on the complaint from Nurse Yiu, and the credible testimony of [Spafford] and [Takara], and the medical opinions, we find that [Sales] ignored Nurse Yiu's orders and refused to assist with the patient transfer.
22. Dr. Rogers and Dr. Stitham prepared reports of their findings and opinions and provided live testimony at trial. Based on their opinions and testimony, we find that [Sales] experienced an occupational problem that was the focus of attention, but did not develop a diagnosable psychiatric disorder as a result of the events on September 29, 1997. . . .
We also credit the opinions of Dr. Rogers and Dr. Stitham that [Sales] did not develop an adjustment disorder on September 29, 1997, because she did not meet the diagnostic criteria for this condition and because [Sales'] emotional reaction was a manifestation of and part of a pattern of behavior caused by her underlying personality disorder.
24. At trial Dr. Ginandes testified that he believed [Sales'] version of the facts and rendered his diagnosis based on the history provided by [Sales]. . . .
26. Based on [Sales'] employment history and pattern of past behavior, the credible testimony of the lay and expert witnesses, and [Sales'] obvious misp
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