Lindinha v. Hilo Coast Processing Co.

Opinion of the Court by

ACOBA, J.

We hold that (1) an order regarding the award or denial of attorney’s fees and costs with respect to Hawai'i Revised Statutes (HRS) § 386-93(b) (1993) 1 is a final order under HRS § 91-14(a) (1993) for purposes of appeal, (2) this final order rule applies prospectively to prevent injustice, and (3) HRS § 386-93(b) allows assessment of attorney’s fees and costs against an employer if the employer loses the final appeal. Accordingly, we conclude that an order like the May 29, 1997 2 order of the Labor and Industrial Relations Appeals Board (LIRAB) which denied…