Treloar v. Swinerton and Walberg Co.

OPINION OF THE COURT BY

NAKAMURA, J.

The question in the case before us on a grant of certiorari is whether the Labor and Industrial Relations Appeals Board (the Appeals Board) erred when it affirmed the decision of the Director of Labor and Industrial Relations (the Director) allowing the workers’ compensation claim of Claimant-appellee Albert Treloar (Treloar or the claimant) to be reopened pursuant to HRS § 386-89(c). The Intermediate Court of Appeals reversed the Appeals Board, holding that the last sentence of § 386-89(c) prevents the reopening of a claim after an award of periodic benefit…