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Igawa v. Koa House Restaurant8/30/2001
anente Medical Group, Inc., 94 Hawaii 297, 12 P.3d 1238 (2000). Korsak argued that he had aggravated a pre-existing lower back condition during a physical therapy session to treat a compensable work injury and, therefore, that the aggravation was also compensable. Kaiser, Korsak's employer, contended that the aggravation was not compensable because the lower back condition was pre-existing. Id. at 300, 12 P.3d at 1241. Kaiser argued that the presumption of compensability did not apply to the question whether an alleged consequence of a work-related injury is compensable. Id. at 305, 12 P.3d at 1246.
We stated that, " ontrary to Kaiser's assertions that [HRS § 386-85] applies only to 'initial' proceedings or injuries, we construe the use of the word 'any' to mean that the presumption applies in all proceedings conducted pursuant to the workers' compensation chapter." Id. at 306, 12 P.3d at 1247 (citation omitted). Therefore, we held that under HRS § 386-85 compensability is presumed in any proceeding for compensation due to an allegedly compensable consequence of a work-related injury. Id. at 307, 12 P.3d at 1248.
In the instant case, the hearing to determine Claimant's permanent disability and disfigurement benefits was a proceeding for compensation due to an allegedly compensable consequence of a work-related injury. The issue before the Board was not merely whether and to what extent Claimant was permanently disabled, but also whether the disability was a result of the work injury. Employer's position was that the work injury could not have caused any brain injury or psychiatric disability and that Claimant's ongoing condition was caused by the 1975 injury and other personal and/or psychological stresses. Thus, whether the cause of Claimant's permanent disability was work-related was clearly at issue in the proceedings, and the HRS § 386-85 presumptions applied. See Korsak, 94 Hawaii at 307, 12 P.3d at 1248; see also Acoustic, Insulation & Drywall, Inc. v. LIRAB, 51 Haw. 312, 317, 459 P.2d 541, 544 (1969) (holding that circuit court erred in failing to instruct the jury on the statutory presumptions where the issue was whether the physical exertions of the claimant's job aggravated or contributed to his heart condition), reh'g denied, 51 Haw. 632, 466 P.2d 439 (1970). The ICA did not err in applying the HRS § 386-85(1) presumption in the present case.
C. The ICA Failed to Apply the Proper Standard of Review and to Give Due Deference to the Board's Expertise in Weighing the Credibility of the Evidence.
In order to overcome the HRS § 386-85(1) presumption of work-relatedness, the employer must introduce substantial evidence to the contrary. "The term 'substantial evidence' signifies a high quantum of evidence which, at the minimum, must be 'relevant and credible evidence of a quality and quantity sufficient to justify a conclusion by a reasonable man that an injury or death is not work connected.'" Korsak, 94 Hawaii at 307-08, 12 P.3d at 1248-49 (quoting Chung, 63 Haw. at 640, 636 P.2d at 726).
The ICA's opinion did not address whether Employer adduced substantial evidence to overcome the presumption of compensability. Rather, the ICA held that the Board erred in reversing Claimant's PPD award because, under Chung, 63 Haw. at 652, 636 P.2d at 727, the conflict between Claimant's and Employer's medical evidence must, as a matter of law, be resolved in Claimant's favor. ICA's opinion at 30-31.
We hold that the ICA erred insofar as it failed to apply the proper standard of review, and we now address Employer's argument that it adduced substantial credible evidence that Claimant did not suffer any permanent impairment as a result of the 1991
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