Mortensen v. Board of Trustees of the Employees' Retirement System

OPINION OF THE COURT BY

LEVINSON, J.

These cases involve the question whether the procedures utilized by the Employees’ Retirement System, in denying accidental disability retirement benefits to the appellants, were in accord with the Hawaii Administrative Procedure Act (HRS §§ 91-1 to 91-18 (1968)) and comported with the requirements of procedural due process guaranteed by the state and federal constitutions. We think that the State did not follow the applicable provisions of the Hawaii Administrative Procedure Act which afford the appellants their statutory and constitutional rights to…