Hayashi v. Scott Company3/14/2000
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, JJ., AND INTERMEDIATE COURT OF APPEALS ASSOCIATE JUDGE ACOBA, ASSIGNED BY REASON OF VACANCY
This appeal arises from the decision and order of the Labor and Industrial Relations Appeals Board (LIRAB) denying appellants Scott Company (Scott) and Argonaut Insurance Company's (Argonaut) motion for reconsideration, dated August 11, 1998. At issue is whether the LIRAB properly determined when the statute of limitations for a workers' compensation claim begins to run for non-latent injuries under Hawai`i Revised Statutes (HRS) § 386-82 (1993). Specifically, the question is whether, as Scott and Argonaut argue, appellee Kenneth Hayashi's (Hayashi) workers' compensation claim is barred by the two-year statute of limitations as set forth in HRS § 386-82.
For the following reasons, we affirm both the LIRAB's decision and order filed on February 10, 1998 and its denial of the motion for reconsideration, dated August 11, 1998.
I. BACKGROUND
On May 21, 1991, Hayashi was driving a four-wheeled motorized bike, in the course and scope of his employment, when he lost control of the bike and flipped over the handlebar. Hayashi was taken to Hilo Hospital where he received emergency treatment for a variety of injuries, including lacerations and abrasions to his face and hands. Hayashi was treated and released on the same day.
Subsequently, on May 23, 1991, Hayashi was examined by Ben Hur, M.D., who diagnosed Hayashi with lacerations and skin abrasions to face and hands. Dr. Hur removed Hayashi's stitches and released him for work on May 31, 1991.
Between December 24, 1991 and February 29, 1992, Deborah Agles, M.D. treated Hayashi at Straub Medical Clinic. Dr. Agles reported that Hayashi complained of daily headaches that he believed were related to the head trauma he suffered during his work accident. To rule out underlying cranial pathology, Dr. Agles ordered a CT scan of Hayashi's head. On February 13, 1992, a CT scan was performed, and Hayashi's results were normal.
In April 1992, Edward Dawrs, D.C., began to treat Hayashi's headaches along with other aches and pains with chiropractic care at the Keawe Chiropractic Center.
On June 4, 1992, Hayashi was examined by Thomas Sakoda, M.D., a neurosurgeon. Dr. Sakoda informed Hayashi that his headaches and physical ailments might be the result of an injury to the temporomandibular joint (TMJ injury). This was the first time Hayashi had been informed that his ailments were related to a TMJ injury. Dr. Sakoda also suggested that because TMJ injuries fell outside his field of expertise, Hayashi be evaluated by Ben Kawasaki, D.D.S., M.S.D. However, instead of following Dr. Sakoda's advice, Hayashi resumed chiropractic treatments at the Keawe Chiropractic Center.
On March 3, 1994, Hayashi filed a claim for workers' compensation. At this time, Hayashi described his injuries as "headaches, blurred vision, cervical and lumbar injuries, popping of right TMJ, radicular pain down right lower extremity, scar," which he claimed derived from his May 21, 1991 work accident. By decision of the Director of the Department of Labor and Industrial Relations (DLIR) Disability Compensation Division (DCD) (hereinafter "DLIR-DCD"), dated March 24, 1994, Hayashi was awarded benefits for injuries to his head, the right side of his face, his neck, his lower back, his hands, and his right leg.
On July 15, 1994, Hayashi was evaluated by Robert Kuribayashi, D.D.S., pursuant to a request by Scott and Argonaut for an independent dental evaluation. Dr. Kuribayashi concluded that Hayashi was suffering from a TMJ injury. However, it was not until
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