Opinion
CAAP-17-0000600 CAAP-17-0000925
05-23-2023
JEROME C. PAVE, Claimant, v. PRODUCTION PROCESSING, INC., Employer-Appellee/Appellee, and and SPECIAL COMPENSATION FUND, Appellant/Appellant
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NOS. AB 2015-011, AB 2014-387 (DCD Nos. 2-10-02936, 2-08-08354))
ORDER OF CORRECTION
Keith K. Hiraoka, Associate Judge
Leonard, Presiding Judge, Hiraoka and Nakasone, JJ.
The Opinion of the Court, filed on December 22, 2022, is hereby corrected as follows:
1. On page 11, in footnote 11, the reference to "Merrian-Webster" should be replaced with "Merriam-Webster" so that as corrected, the sentence reads: "Spondylosis, Merriam-Webster, https://www.merriam-webster.com/medical/spondylosis (last visited Dec. 14, 2022)."
2. On page 12, in the last line of the first partial paragraph should should be indented to appear as:
occasional needle sensation in both hands and stiffness in the morning. [Pave] also reported bowel and bladder control problems and difficulty with sexual function.
3. On page 21, in line 4 in the block quote from Bumanglag v. Oahu Sugar Co., 78 Hawai#i 275, 278, 892 P.2d 468, 471 (1995), the word "lumber" should be changed to "lumbar," to read as follows:
Even if we were to accept Dr. Hendrickson's opinion as to [Bumanglag]'s preexisting impairment for his low back condition, and apply it to the highest permanent impairment rating for the lumbar region (11% of the whole person), 20 to 25% of 11% would provide, at most, 2.75% preexisting permanent partial disability of the whole person. Permanent partial disability of 2.75% of the whole person is equal to 10.71 weeks of compensation . . . . It has not been shown that [Bumanglag] has a preexisting permanent partial disability of 32 weeks of compensation necessary to warrant apportionment with SCF.
The clerk of the court is directed to take all necessary steps to notify the publishing agencies of these changes.