Ermocida v. Destination Resorts Hawaii, Inc.

Opinion of the Court by

FOLEY, J.

Claimant-Appellant Edward F. Ermocida (Ermocida) appeals the Decision and Order filed on November 25, 2003 by the Labor and Industrial Relations Appeals Board (LIR-AB). The LIRAB decided that the offset provision set forth in Hawaii Revised Statutes (HRS) § 386-33(a)(l) (Supp.2004)1 applied to Ermocida’s prior out-of-state permanent partial disability award.

On appeal,2 Ermocida claims the following: (1) the LIRAB erred as a matter of law when it determined that HRS § 386-33(a)(l) applied to out-of-state disability awards, and (2) the LIRAB should have granted…