Correa v. Hawaiian Airlines, Inc.

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NOT FOR PUBLICATION NO. 25200 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ALVIN J. CORREA, Claimant-Appellee, v. HAWAIIAN AIRLINES, INC., and KEMPER INSURANCE COMPANY, Employer/Insurance Carrier-Appellant APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2000-120(M)) (7-99-02490) (By: SUMMARY DISPOSITION ORDER Lim, Acting C.J., Foley and Nakamura, JJ.) Employer-Appellant Hawaiian Airlines, Inc. and Insurance Carrier-Appellant Kemper Insurance Company (collectively HI Airlines) appeal the April 16, 2002 "Proposed Decision and Order" and the June 7, 2002 "Order Adopting Proposed Decision and Order" of the Labor and Industrial Relations Appeals Board (Board). On appeal, HI Airlines contends it presented substantial evidence to rebut the presumption that ClaimantAppellee Alvin J. Correa, Jr. (Correa) sustained a back injury on February 10, 1997. Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we conclude, giving appropriate deference to the Board's role in NOT FOR PUBLICATION assessing the credibility and weight of the evidence, that the Board's determination that HI Airlines failed to present substantial evidence to show that Correa did not sustain a low back injury on February 10, 1997, was not clearly erroneous. Nakamura v. State of Hawai#i, Univ. of Hawai#i, 98 Hawai#i 263, 268 & 270-71, 47 P.3d 730, 735 & 737-38 (2002). Therefore, IT IS HEREBY ORDERED that the April 16, 2002 "Proposed Decision and Order" and the June 7, 2002 "Order Adopting Proposed Decision and Order" of the Labor and Industrial Relations Appeals Board are affirmed. DATED: Honolulu, Hawai#i, July 12, 2004. On the briefs: Timothy P. McNulty for claimant-appellee. Acting Chief Judge Clyde Umebayashi, James N. Duca, Muriel M. Taira (Kessner Duca Umebayashi Bain & Matsunaga) for employer/insurance carrier-appellant. Associate Judge Associate Judge 2

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