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Goers v. Dirty Dan's Hawaii2/5/2002
about real injury to oneself or another inherent in the claimant's conduct, and not the specific instrumentality of that harm. Hence, we agree with the Board's conclusion:
That [Appellant's] injuries were inflicted by a third-party and not from his intended victim does not, in our view, take him out of the applicable statutory provision. Based on our reading of the statute, we conclude that it is sufficient that [Appellant's] injuries were incurred while he was wilfully inflicting injury upon another.
We are cognizant of the 1995 amendment to HRS § 386-3, 1995 Haw. Sess. L. Act 234, § 6 at 607, that amended the proviso to read:
No compensation shall be allowed for an injury incurred by an employee by the employee's wilful intention to injure oneself or another by actively engaging in any unprovoked non-work related physical altercation other than in self defense, or by the employee's intoxication. HRS § 386-3 (Supp. 2000) (enumeration omitted).
Effective June 29, 1995, 1995 Haw. Sess. L. Act 234, § 26 at 621, the amendment was intended to " xclude injuries resulting from unprovoked non-work related physical altercations other than self-defense from compensability." Hse. Conf. Comm. Rep. No. 112, in 1995 House Journal, at 1006 (enumeration omitted). The amendment was part of a larger package of amendments to our workers' compensation law designed to "improve efficiency and cost-effectiveness in the workers' compensation system." Id. at 1005. See also Sen. Stand. Comm. Rep. No. 829, in 1995 Senate Journal, at 1142; Sen. Stand. Comm. Rep. No. 899, in 1995 Senate Journal, at 1166; Hse. Stand. Comm. Rep. No. 575, in 1995 House Journal, at 1242; Hse. Stand. Comm. Rep. No. 955, in 1995 House Journal, at 1387. In that light, we are reluctant to speculate, as Appellant does, that Appellant's actions here might be considered provoked and work-related, and therefore compensable, under the present incarnation of HRS § 386-3.
VII. CONCLUSION.
In light of the foregoing, we affirm the June 20, 2000 decision and order of the Board.
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