Keanini v. Akiba, 22116.
Citation | 996 P.2d 280,93 Haw. 75 |
Decision Date | 17 March 2000 |
Docket Number | No. 22116.,22116. |
Parties | Larry K. KEANINI, Sr., Appellant-Appellee, v. Lorraine H. AKIBA, Director of the Department of Labor and Industrial Relations, State of Hawai`i, Appellee-Appellant, and Trans Hawaiian, Inc., Appellee-Appellee. |
Court | Hawaii Court of Appeals |
Frances E.H. Lum, Deputy Attorney General, for appellee-appellant.
Gary J. Maxwell for appellant-appellee.
In the second appeal before us in this unemployment insurance benefits case, Appellant Director (Director) of the Department of Labor and Industrial Relations (DLIR) appeals from the second circuit court's October 6, 1998 order and its November 12, 1998 final judgment thereon reversing the DLIR's employment security appeals officer's (appeals officer) denial of unemployment insurance benefits to Appellee Larry K. Keanini, Sr. (Claimant).
We hold in this opinion that Claimant's conscious decision to drive without no-fault insurance, when he knew or should have known that his job—which required him to maintain a valid driver's license—would be in jeopardy if he chose to drive uninsured, was a wilful or wanton disregard of his employer's interests and thus constituted misconduct connected with work disqualifying him from unemployment insurance benefits. We therefore reverse and remand for entry of judgment in favor of the Director and Claimant's employer.
Our opinion in the first appeal in this case, Keanini v. Akiba, 84 Hawai`i 407, 935 P.2d 122 (App.1997), described the general background of the case and the genesis of that first appeal:
Id. at 410, 935 P.2d at 125 (footnote added).
On Claimant's appeal from the circuit court's February 10, 1995 judgment against him, we held:
[T]hat the appeals officer of the Department of Labor and Industrial Relations (DLIR) erred by applying the wrong test for determining when an employee has voluntarily left work. We further conclude that Claimant did not voluntarily leave his work, but rather, was discharged. Therefore, we vacate the February 10, 1995 judgment of the circuit court denying Claimant unemployment benefits. We remand the case to the circuit court, with instructions that it likewise remand the case to the appeals officer of the Department of Labor and Industrial Relations for a determination of whether Claimant was discharged for misconduct connected with work2 and thus disqualified for unemployment benefits pursuant to [Hawai`i Revised Statutes (HRS)] § 383-30(2)(1993).
Id. at 409-410, 935 P.2d at 124-125 (footnote added).
On remand, the appeals officer determined that Claimant had been discharged for "misconduct connected with work," and once again denied him unemployment insurance benefits. The appeals officer made the following pertinent Findings of Fact (FsOF), which the parties to this appeal do not dispute:
The appeals officer also made the following conclusions of law (CsOL), in pertinent part:
On appeal, the circuit court reversed the appeals officer's decision, and held, in pertinent part:
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