Ihara v. State.
SCWC-12-0000398
| Haw. | Oct 13, 2017Background
- Ihara, a DLNR employee, claimed permanent partial disability (PPD) after a work-related stress/hypertension injury in 2007.
- LIRAB awarded $250 in PPD and ordered vocational rehabilitation; DLNR and Ihara appealed.
- ICA vacated the PPD award, ruling it must be based on a determinate impairment percentage and not solely on post-injury ability to work.
- The ICA held that PPD for unscheduled injuries requires a percentage impairment and cannot be based on reduced ability to work.
- The Hawaii Supreme Court granted certiorari to resolve whether PPD can be based on impairment percentage and whether post-injury ability to work can influence PPD.
- The court ultimately held that (a) an impairment percentage is required, and (b) post-injury ability to work may be considered in determining PPD under appropriate analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unscheduled PPD requires a determinate impairment percentage | Ihara: PPD can be based on work-ability factors. | DLNR: PPD must be impairment-based (percentage). | Yes; PPD requires a determinate impairment percentage. |
| Whether PPD may reflect post-injury inability to perform usual work | Ihara: post-injury work ability can inform PPD. | DLNR: PPD based solely on impairment, not work ability. | Yes; post-injury ability to work may be considered in PPD determinations. |
| How impairment should be calculated when unscheduled injuries are not listed | Ihara: impairment may be determined beyond AMA Guides when necessary. | DLNR: impairment per AMA Guides or Board discretion. | Impairment percentage must be determined to compute PPD under HRS 386-32(a). |
| Role of AMA Guides versus other factors in impairment rating | Ihara: Board can use other evidence beyond AMA Guides. | DLNR: AMA Guides provide primary impairment basis. | Board may look to other factors beyond AMA Guides to determine impairment. |
| Remand for proper calculation of PPD based on impairment percentage | Ihara: Board should determine impairment percentage first. | DLNR: Remand unnecessary if impairment found. | Remand to determine impairment percentage and recompute PPD amount. |
Key Cases Cited
- Cabatbat v. County of Hawai'i, Dept. of Water Supply, 103 Hawai'i 1, 78 P.3d 764 (Haw. 2003) (principle that impairment rating may be informed by factors beyond AMA Guides)
- Duque v. Hilton Hawaiian Village, 105 Hawai'i 433, 98 P.3d 640 (Haw. 2004) (consideration of work-related restrictions beyond impairment rating)
- Belanio v. State, AB 2007-532 (Haw. 20XX) (illustrates consideration of inability to perform usual work in PPD)
- Cuarisma v. Urban Painters, Ltd., 59 Haw. 409, 583 P.2d 321 (Haw. 1978) (PPD context; distinguishes wage loss from impairment-based awards)
- Int'l Bhd. of Elec. Workers, Local 1357 v. Hawaiian Tel. Co., 68 Haw. 316, 713 P.2d 943 (Haw. 1986) (agency deference in mixed questions of law and fact)