Igawa v. Koa House Restaurant2/2/2001
out his progress from this standpoint.
About a month-and-a-half after the surgery, Dr. Hosobuchi reported to Dr. Nakano that " he wound has healed well and he has not had a bad headache anymore and no seizures." Within a year, however, Igawa's headaches, seizures and associated problems returned.
On July 12, 1996, the DLIR issued a Supplemental Decision, which took up the issues of permanent disability and disfigurement left for further determination by its Amended Decision and Order. The Supplemental Decision read, in pertinent part, as follows:
1. On October 3, 1991, claimant, while in the employ of [the Employer], sustained a personal injury by accident arising out of and in the course of employment, said injury was not caused by claimant's wilful intention to injure oneself or another nor by intoxication.
2. The location of said injury was: head.
3. At the time of said injury, the average weekly wages of claimant were $290.00.
As a result of said injury, claimant is awarded the following benefits which the employer shall pay pursuant to Chapter 386, HRS:
a. TEMPORARY TOTAL DISABILITY: (Waiting period: November 9, 1991 through November 10, 1991; November 13, 1991) beginning November 14, 1991 through November 17, 1991; April 5, 1992 through April 13, 1992; April 24, 1992 through October 17, 1995
NUMBER OF WEEKS: 183 4/7 at $193.34 = $35,491.69
d. PERMANENT PARTIAL DISABILITY: beginning October 18, 1995
NUMBER OF WEEKS: 232.7009 at $193.34 = $44,990.40[.]
35.00% of the whole person
e. DISFIGUREMENT: 8½" hypopigmented surgical scar, forehead
TOTAL: $2,000.00
Claimant is awarded such medical care, services and supplies as the nature of the injury may require pursuant to Sections 386-21 and 386-26, HRS.
On July 25, 1996, the Employer filed an appeal of the Supplemental Decision with the Board. On that same day, the Employer also filed a Motion for Stay of Payments of the disfigurement and PPD awards.
In support of its Motion for Stay of Payments, the Employer argued that the DLIR's Supplemental Decision "is silent with respect to the Director's reliance on medical opinion to reach the decision, and absent from the [Supplemental Decision] is any reference to whether Dr. [Thomas H.] Sakoda's report, Dr. [Shepard] Ginandes' report, Dr. [Maurice W.] Nicholson's report or Dr. [George D.] Bussey's report was utilized."
Employer also complained that the "amount awarded by the Director to Claimant is simply excessive for a very minor injury on a person with significant pre-existing conditions[,]" and that " here is overwhelming medical evidence supporting a 0% award for Claimant's psychiatric impairment."
On August 29, 1996, the Board issued an Order Granting Stay of Payments in Part, which stayed the payment of PPD benefits in excess of 5% impairment of the whole person.
On September 13, 1996, following a pre-hearing conference with counsel the day before, the Board issued a Pretrial Order, in which it identified the two issues to be determined on appeal: (1) "What is the extent of permanent disability resulting from the work injury of October 3, 1991[;]" and (2) " hat is the extent of disfigurement resulting from the work injury of October 3, 1991." The Employer had filed a September 9, 1996 Initial Conference Statement, which in essence limited its appeal to the two issues identified by the Board. The Initial Conference Statement did not dispute the DLIR's award of temporary total disability benefits to Igawa, even though the award implicitly recognized that
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