Farzami v. State6/14/2002
SUMMARY DISPOSITION ORDER
In this workers' compensation case, Claimant-Appellant Fred F. Farzami (Farzami) appeals, in propria persona, the September 12, 2000 decision and order of the Labor and Industrial Relations Appeals Board of the State of Hawaii (the Board), and the Board's October 23, 2000 order denying Farzami's October 12, 2000 motion for reconsideration and for reopening to take further evidence.
After a hearing held on June 18, 1999, the Board, in its September 12, 2000 decision and order, affirmed the May 28, 1998 decision of the Director of Labor and Industrial Relations (the Director) that denied Farzami's claim for further temporary total disability (TTD) benefits for time periods after January 13, 1995, and his claim for unlawful termination under Hawaii Revised Statutes (HRS) ยง 386-142 (1993), both claims brought against Employer-Appellee, self-insured, State of Hawaii Department of Health (the Employer).
We have sedulously reviewed the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised by the parties we resolve them as follows:
1. On appeal, Farzami first argues that he is "entitled to further temporary total [disability] benefits beyond Jan [(sic)] 13, 1995." On this issue, the Board found as follows:
1. [Farzami] was employed as an epidemiological specialist.
2. [Farzami] sustained a compensable psychological stress injury on September 29, 1994.
3. [Farzami's] treating psychologist, Dr. Duke Wagner [(Dr. Wagner)], certified his disability from work through November 23, 1994. Dr. Wagner released [Farzami] to work on November 24, 1994, with the recommendation that he be allowed to work in an area away from the co-workers with whom he had interpersonal conflicts.
4. [Farzami] was evaluated by [independent medical examiner] Dr. Jon Streltzer [(Dr. Streltzer)], a psychiatrist, on March 20, 1997. Dr. Streltzer opined that [Farzami's] psychological condition resolved by January of 1995. According to Dr. Streltzer, [Farzami] was not psychiatrically restricted from work.
5. Dr. Wagner indicated in his January 1995 WC-2 report that [Farzami] did not sustain any permanent defect from his September 29, 1994 industrial injury.
6. [Farzami] returned to work on January 3, 1995.
7. The record contains no medical certification of disability after January 13, 1995.
8. On appeal, [Farzami] has presented no medical evidence to support an award of additional TTD benefits after January 13, 1995.
The Board concluded thereon:
1. Based on the foregoing, including the fact that [Farzami] was released to work prior to January 13, 1995, that he returned to work on January 3, 1995, and that the record contains no medical certification of disability after January 13, 1995, we conclude that [Farzami] is not entitled to further TTD benefits after January 13, 1995.
" n view of the reliable, probative, and substantial evidence on the whole record[,]" Igawa v. Koa House Restaurant, 97 Hawaii 402, 406, 38 P.3d 570, 574 (2001) (citations and internal block quote format omitted), and in light of Farzami's concessions on appeal that, " here is no dispute that [Farzami] was cleared to work by Dr. Wagner[,]" and that, " here is no dispute that [Farzami] was physically permitted to return to work and was able to perform his duty," at the time in question, we conclude the Board's findings of fact on this issue were not clearly erroneous. Id. Because the Board's conclusion of law on this issue was "supported by the . . . findings of fact and by the a
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