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KAPUWAI v. HONOLULU, DEPT. OF PARK AND REC.

No. 27915.

211 P.3d 750 (2009)

Darrell N. KAPUWAI, Respondent/Claimant-Appellant, v. CITY AND COUNTY OF HONOLULU, DEPARTMENT OF PARKS AND RECREATION, Petitioner/Employer-Appellee, Self-Insured.

Supreme Court of Hawai`i.

July 16, 2009.

Attorney(s) appearing for the Case

Paul K. Hoshino, Deputy Corporation Counsel, for petitioner/employer-appellee, self-insured.

Herbert R. Takahashi and Danny J. Vasconcellos (of Takahashi Vasconcellos & Covert), Honolulu, for respondent/claimant-appellant.

MOON, C.J., and Circuit Judge KIM, Assigned by Reason of Vacancy; ACOBA, J., Concurring Separately, with whom DUFFY, J., joins; and NAKAYAMA, J., Dissenting.

Opinion by MOON, C.J., Announcing the Decision of the Court.

On March 3, 2009, this court accepted a timely application for a writ of certiorari, filed by petitioner/employer-appellee City and County of Honolulu, Department of Parks and Recreation (the City) on January 23, 2009, requesting that this court review the Intermediate Court of Appeals' (ICA) December 8, 2008 judgment on appeal, entered pursuant to its November 12, 2008 published opinion in Kapuwai v...

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