Opinion
CAAP-23-0000131
08-16-2023
DWIGHT J. VICENTE, Claimant-Appellant-Appellant, v. HILO MEDICAL INVESTORS, LTD., dba LIFE CARE CENTER OF HILO, Employer-Appellee-Appellee, and AMERICAN HOME ASSURANCE CO., Insurance Carrier-Appellee-Appellee, and GALLAGHER BASSETT, Insurance-Adjuster-Appellee-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2015-259(H)(S6), DCD NO. 1-87-00882)
Leonard, Presiding Judge, Nakasone and McCullen, JJ.
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
Upon review of the record, it appears that selfrepresented Claimant-Appellant-Appellant Dwight J. Vicente (Vicente) appeals from a February 24, 2023 Order to Amend Caption (Caption Order) entered by the Labor and Industrial Relations Appeals Board (LIRAB) in Case No. 2015-259(H)(S6). An aggrieved party may appeal from a final decision and order by the LIRAB directly to this court under Hawaii Revised Statutes (HRS) §§ 386-88 (2015) and 91-14 (2012). For purposes of HRS § 91-14(a), "final order" means "an order ending the proceedings, leaving nothing further to be accomplished[;] . . . Consequently, an order is not final if the rights of a party involved remain undetermined or if the matter is retained for further action." Bocalbos v. Kapiolani Med. Ctr. for Women &Child., 89 Hawaii 436, 439, 974 P.2d 1026, 1029 (1999) (cleaned up). The court lacks jurisdiction because the Caption Order is not a final order, and the record on appeal in CAAP-23-0000131 does not appear to otherwise include a final, appealable decision or order by the LIRAB.
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.