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Tamashiro v. Control Specialist11/7/2001
MOON, C.J., LEVINSON, NAKAYAMA, AND RAMIL, JJ.; WITH ACOBA, J., CONCURRING SEPARATELY
Petitioner/cross-respondent-appellant Neal M. Tamashiro and respondent/cross-petitioner-appellees Control Specialist, Inc. and TIG Insurance Company, Inc. (together Employer) timely applied to this court to review the decision of the Intermediate Court of Appeals (ICA) in Tamashiro v. Control Specialist, Inc., No. 22569, slip op. (Haw. Ct. App. Apr. 24, 2001). In its published opinion, the ICA held: (1) that the Employer adduced substantial evidence so as to rebut the presumption, under HRS § 386-85(1) (1993), that Tamashiro was temporarily and totally disabled (TTD) from August 5, 1994 up to July 15, 1995; (2) that the Labor and Industrial Relations Appeals Board's (the Board) findings of fact were not clearly erroneous; and (3) that there was no "reasonable doubt" that Tamashiro was not TTD. Consequently, the ICA affirmed the Board's May 4, 1999 decision and order denying Tamashiro's claim for TTD benefits. Tamashiro petitions this court to reverse the ICA's opinion because, although the ICA correctly construed the word "any" in HRS § 386-85 to mean that the presumption applies to all proceeding conducted under the workers' compensation chapter, the ICA: (1) erroneously relied upon non-medical evidence in concluding that Tamashiro was not TTD; (2) misinterpreted the testimony of one of Tamashiro's physicians; and (3) erroneously applied the "substantial evidence" test under HRS § 386-85. According to Tamashiro, in cases where the testimony of witnesses conflict, the legislature has decided that the conflict should be resolved in favor of the Claimant. The Employer also petitions this court to vacate in part and affirm in part the ICA's opinion because the ICA: (1) erroneously applied the HRS § 386-85(1) presumption to an award of TTD benefits; and (2) erroneously applied a "reasonable doubt" analysis to an award of TTD benefits. We granted the applications for certiorari to clarify several aspects of the ICA's opinion. Specifically, we hold that: (1) the ICA erroneously applied the HRS § 386-85(1) presumption to the issue whether Tamashiro was "able to resume work" after August 5, 1994 and up to July 15, 1995; (2) the ICA erroneously applied an additional "reasonable doubt" analysis to Tamashiro's ability to return to work; and (3) the Board's conclusion of law that Tamashiro was not TTD was supported by the findings of fact and was not erroneous.
I. BACKGROUND
A. Proceedings in the Department of Labor and Industrial Relations
The background of this case is set forth in detail in the ICA's opinion, see Tamashiro, slip op. at 2-18, which we will not repeat here. However, the relevant background for purposes of our clarification of the ICA's analysis is briefly stated below.
On March 30, 1994, Tamashiro, a ninth-step apprentice electrician, injured his right shoulder while working for Control Specialist, Inc. (CSI). Approximately two weeks later, Tamashiro sought medical treatment from Jinichi Tokeshi, M.D. Dr. Tokeshi placed Tamashiro off work for the following two and one-half months. Tamashiro returned to work on August 1, 1994 and was laid off four days later, on August 5, 1994.
On October 25, 1994, Tamashiro filed a claim for workers' compensation benefits. The Employer refused to pay TTD benefits because, it asserted, Tamashiro was "capable of returning to work" and thus not totally disabled. In response, Tamashiro requested a hearing before the Labor and Industrial Relations Disability Compensation Division.
On June 19, 1995, following a hearing, the Director of the Department of Labor and Industrial Relations (Director) rendered a
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