Hayashi v. Scott Company3/14/2000
March 6, 1995 that Hayashi was finally evaluated by Dr. Kawasaki. Dr. Kawasaki's report also confirmed that Hayashi suffered from a TMJ injury.
On May 10, 1995, during a DLIR-DCD hearing, it was determined that Hayashi's TMJ injury was compensable. The DLIR-DCD concluded that Hayashi first became aware of the TMJ injury on June 4, 1992, following Dr. Sakoda's examination.
On February 10, 1998, LIRAB issued its decision and order, including the following relevant findings of fact and conclusions of law:
FINDINGS OF FACT
4. Since the May 21, 1991 accident, Claimant experienced daily "pounding" headaches, and difficulty chewing. He attributed his symptoms to his head injury.
7. Thereafter, Claimant returned to Honolulu and came under the care of Dr. Thomas Sakoda, a neurosurgeon. Dr. Sakoda reported on June 26, 1992, that Claimant presented to him on June 4, 1992, with complaints of headaches, difficulty chewing, popping of the jaw when opening his mouth, and pain in the temporomandibular joint ("TMJ"). According to Dr. Sakoda, these symptoms began shortly after the work accident and were consistent with a diagnosis of a TMJ disorder.
9. On March 3, 1994, Claimant filed a claim for his TMJ condition.
11. Claimant testified at trial that although he experienced headaches, jaw pain and popping, and difficulty chewing almost immediately after the work accident, he had always attributed those symptoms to his head injury. He further testified that he had never heard of a condition called TMJ disorder until it was diagnosed by Dr. Sakoda in June of 1992.
14. Based on the evidence presented, we find that June 4, 1992 is the date that Claimant, as a reasonable person, knew or should have known the nature, seriousness and probable compensable character of his TMJ injury. On that basis, we further find that Claimant's TMJ injury did not manifest until June 4, 1992.
CONCLUSIONS OF LAW
Pursuant to Hawaii Revised Statutes ("HRS") § 386-82, the right to compensation under Chapter 386 is barred unless a written claim is filed with (sic) two years after the date at which the effects of the injury for which the employee is entitled to compensation have become manifest (sic), and within five years after the date of the accident.
The limitation period for a claim does not begin to run until the claimant, as a reasonable person, should recognize the nature, seriousness, and probable compensable character of an injury or disease. Demond v. University of Hawaii, 54 Haw. 98 (1972).
Having found that June 4, 1992 is the date that Claimant recognized the nature, seriousness, and probable compensable character of his TMJ disorder, that his TMJ disorder did not manifest until that date, and that his claim, filed on March 3, 1994, was filed within two years of that date, we conclude that Claimant's claim for a TMJ disorder was timely filed, pursuant to HRS § 386-82.
Scott and Argonaut's motion for reconsideration of the LIRAB's decision and order was denied on August 11, 1998. This timely appeal followed.
II. STANDARD OF REVIEW
Appellate review of the LIRAB's decision is governed by Hawai`i Revised Statutes (HRS) § 91-14(g) (1993), which provides:
Upon review of the record the court may affirm the decision of the agency or remand the case with instructions for further proceedings; or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or
Page 1 2 3 4 Hawaii Employee Leasing Services
Employee Leasing Services
|