[DOWNLOAD] "Komatsu V. Board Of Trustees" by Hawaii Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Komatsu V. Board Of Trustees
- Author : Hawaii Supreme Court
- Release Date : January 24, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The Circuit Court of the First Circuit found the cumulative effect of exposure to fungi at work caused Ralph Y. Komatsu, an employee of the City and County of Honolulu, to become permanently incapacitated for duty and concluded he should be awarded service-connected disability retirement benefits pursuant to Hawaii Revised Statutes (HRS) § 88-79(a) (1976). Purporting to be bound by the holding in Lopez v. Board of Trustees, Employees' Retirement System, 66 Haw. 127, 657 P.2d 1040 (1983), where we interpreted the language of HRS § 88-77(a), the Intermediate Court of Appeals reversed the circuit court. Komatsu v. Board of Trustees, Employees' Retirement System, 5 Haw. App. 279, 687 P.2d 1340 (1984). Certiorari was granted because it appeared Lopez had been applied in a manner departing substantially from our intendment. A review of the record confirms our initial impression; thus, we vacate the decision of the Intermediate Court of Appeals and reinstate the order of the circuit court awarding retirement benefits.
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