Komatsu v. BD. OF TRUSTEES, EMP. RET. SYS.

OPINION OF THE COURT BY

NAKAMURA, J.

The Circuit Court of the First Circuit found the cumulative effect of exposure to fungi at work caused Ralph Y. Komatsu, an employee of the City and County of Honolulu, to become permanently incapacitated for duty and concluded he should be awarded service-connected disability retirement benefits pursuant to Hawaii Revised Statutes (HRS) § 88-79(a) (1976). Purporting to be bound by the holding in Lopez v. Board of Trustees, Employees’ Retirement System, 66 Haw. 127, 657 P.2d 1040 (1983), where we interpreted the language of HRS § 88-77(a), the Intermediate…