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Korsak v. Hawaii Permanente Medical Group11/10/1999
with well-established case law governing worker's compensation claims. As we have stated, " e have traditionally construed HRS § 386-3 liberally, in favor of awarding compensation, because our legislature has decided that work injuries are among the costs of production which the industry is required to bear." Ostrowski v. Wasa Elec. Services, Inc., 87 Hawaii 492, 496, 960 P.2d 162, 166 (App. 1998) (internal quotation marks and citations omitted). See also Mitchell v. State, 85 Hawaii 250, 255, 942 P.2d 514, 519 (1997); Chung v. Animal Clinic, Inc., 63 Haw. 642, 649, 636 P.2d 721, 726 (1981).
In addition, " his liberal construction is supported by our legislature's enactment of HRS § 386-85 (1985), which provides that a claim for workers' compensation is presumed to be compensable." Ostrowski, 87 Hawaii at 496, 960 P.2d at 166.
CONCLUSION
Because the operative facts "are not in dispute; and the undisputed facts are not sufficient, as a matter of law, to constitute substantial evidence to rebut the presumption[,]" we reverse and remand for determination of compensation and apportionment for Korsak's current low back condition. Akamine, 53 Haw. at 415, n.7, 495 P.2d at 1170.
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