Konohia v. Commodity Forwarders, Inc., CAAP-21-0000100

CourtCourt of Appeals of Hawai'i
Citation151 Hawai‘i 133,508 P.3d 1219 (Table)
Docket NumberCAAP-21-0000100
Parties Jeremy A.K. KONOHIA, Claimant-Appellant-Appellant, v. COMMODITY FORWARDERS, INC., Employer-Appellee-Appellee, and Liberty Mutual Insurance, Insurance Carrier-Appellee-Appellee, and Special Compensation Fund, Respondent-Appellee-Appellee
Decision Date12 May 2022

151 Hawai‘i 133
508 P.3d 1219 (Table)

Jeremy A.K. KONOHIA, Claimant-Appellant-Appellant,
v.
COMMODITY FORWARDERS, INC., Employer-Appellee-Appellee,
and
Liberty Mutual Insurance, Insurance Carrier-Appellee-Appellee,
and
Special Compensation Fund, Respondent-Appellee-Appellee

NO. CAAP-21-0000100

Intermediate Court of Appeals of Hawai‘i.

May 12, 2022


On the briefs:

Jeremy A.K. Konohia, Self-represented Claimant-Appellant-Appellant.

Kimberly T. Guidry, Kaliko‘onalani D. Fernandes, Deputies Solicitor General, for Respondent-Appellee-Appellee Special Compensation Fund.

Blaine W. Fujimoto, Matthew K. Wong, for Employer-Appellee-Appellee Commodity Forwards, Inc. and Insurance Carrier-Appellee-Appellee Liberty Mutual Insurance.

(By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)

SUMMARY DISPOSITION ORDER

Self-represented Claimant-Appellant-Appellant Jeremy A.K. Konohia appeals from the Decision and Order (D&O ) entered by the Hawai‘i Labor and Industrial Relations Appeals Board (LIRAB ) on February 10, 2021. For the reasons explained below, we affirm the LIRAB D&O.

On June 9, 2016, Konohia was injured while working for Employer-Appellee-Appellee Commodity Forwarders, Inc. (together with Insurance Carrier-Appellee-Appellee Liberty Mutual Insurance, Employer ). Konohia reported his injury to Employer, and a claim for workers compensation benefits was initiated. Konohia received treatment for his injury and payment of temporary total disability (TTD ) benefits.

The Hawai‘i Department of Labor and Industrial Relations (DLIR ) Disability Compensation Division (DCD ) conducted a hearing on August 26, 2020. On September 3, 2020, the DCD issued a written decision, signed on behalf of the director of labor (the Director's Decision ). The Director's Decision stated:

APPEAL: This decision may be appealed by filing a written notice of appeal with the Director of Labor and Industrial Relations or the Director's county representative within twenty days after a copy of this decision has been sent.

DLIR mailed the Director's Decision to Konohia on September 3, 2020.

By handwritten letter dated September 20, 2020, Konohia appealed the Director's Decision.1 The envelope that contained Konohia's appeal was postmarked September 21, 2020. The envelope and letter both bear date stamps of September 24, 2020.

By letter dated September 25, 2020, DLIR informed Konohia that it had received his appeal letter on September 24, 2020.

On November 24, 2020, LIRAB issued an order to show cause why Konohia's appeal should not be dismissed as untimely. Konohia and Employer were directed to respond. A hearing was set for December 22, 2020. An amended order to show cause was issued, resetting the hearing for January 7,...

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