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ERMOCIDA v. DESTINATION RESORTS HAWAII

No. 26269.

126 P.3d 415 (2005)

109 Hawai`i 372

Edward F. ERMOCIDA, Claimant-Appellant, v. DESTINATION RESORTS HAWAII, INC. and Brandvold & Associates, Inc., Employer/Insurance Adjuster-Appellees.

Intermediate Court of Appeals of Hawai`i.

As Amended December 30, 2005.

Certiorari Denied January 19, 2006.

Attorney(s) appearing for the Case

Deborah A. McNulty and Timothy P. McNulty (Timothy P. McNulty, a Law Corporation), Kihei, on the briefs, for Claimant-Appellant.

Gary N. Kunihiro and Michael S. Joaquin (Leong Kunihiro Leong & Lezy), Honolulu, on the briefs, for Employer/Insurance Adjuster-Appellees.

BURNS, C.J., FOLEY and FUJISE, JJ.

Opinion of the Court by FOLEY, J.

Claimant-Appellant Edward F. Ermocida (Ermocida) appeals the Decision and Order filed on November 25, 2003 by the Labor and Industrial Relations Appeals Board (LIRAB). The LIRAB decided that the offset provision set forth in Hawaii Revised Statutes (HRS) § 386-33(a)(1) (Supp.2004)1 applied to Ermocida's prior out-of-state permanent partial disability award.

On appeal,2

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