Legal Opinion

Acoustic, Insulation & Drywall, Inc. v. Labor & Industrial Relations Appeal Board

Hawaii Supreme Court

Decided March 11, 1970No. 4695PublishedCited by 10 opinions

1Opinion of the Court

Per Ouriam.

The petition for rehearing is denied. Employer urges three grounds for rehearing: first, that the giving of instruction No. 5 requested by it, and the refusal to give instructions Nos. 2 and 5 requested by claimants were harmless because the special verdicts were not binding on the court, being verdicts rendered by an advisory jury; second, that claimants waived their right to a jury trial of critical issues of fact by failing to demand their submission to the jury, and were bound by the court’s findings on those issues; and, third, that the presumption of work covered injury does…

2Cases cited5 opinions

  1. Del Vecchio v. BowersSupreme Court of the United States · 1935
  2. Hartford Accident & Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1940
  3. Mary R. Wheatley v. Herman Adler, Deputy Commissioner, United States Department of Labor Bureau of Employees' CompensationCourt of Appeals for the D.C. Circuit · 1968
  4. Jessie L. Vendemia, Widow of Thomas Vendemia v. Anthony J. CristaldiCourt of Appeals for the D.C. Circuit · 1955
  5. Claim of Kurash v. Franklin Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1961

3Cited by10 opinions

  1. Royal State National Insurance v. Labor & Industrial Relations Appeal BoardHawaii Supreme Court · 1971
  2. Igawa v. Koa House RestaurantHawaii Supreme Court · 2001
  3. De Victoria v. H & K CONTRACTORSHawaii Supreme Court · 1976
  4. S & W Crane Service, Inc. v. Dependents of BerardHawaii Supreme Court · 1971
  5. Kawakami v. City & County of Honolulu, Board of Water SupplyHawaii Supreme Court · 2002

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