Gao v. State, Department of the Attorney General

Opinion of the Court by

McKENNA, J.

I. Introduction

On September 2, 2016, this court accepted an Application for Writ of Certiorari (“Application”) submitted by Petitioner/Claimant-Appellant Genbao Gao (“Gao”). The Labor and Industrial Relations Appeals Board (“LIRAB”) had found that Gao’s workplace psychological injury was attributed to a “Notice to Improve Performance” (“NTIP”) issued by Gao’s employer, the State of Hawai'i, Department of the Attorney General (“Employer” or “State”), relating to Gao’s work as a statistician. LIRAB then concluded in a Decision and Order filed January 31, 2014…