No 26369 (May 27, 2008)
Opinion [pdf]
OPINION OF THE COURT BY MOON, C.J.
On February 27, 2008, this court accepted a timely application for a writ of certiorari, filed by petitioner/claimant-appellant Lani Capua on January 24, 2008, requesting this court review the Intermediate Court of Appeals' (ICA) October 26, 2007 judgment on appeal, entered pursuant to its September 27, 2007 summary disposition order (SDO). Therein, the ICA affirmed the December 20, 2003 decision and order of the Labor and Industrial Relations Appeals Board (LIRAB), which, in turn, affirmed the decision of the director of the Department of Labor and Industrial Relations (director). Both the LIRAB and the director determined that, inasmuch as Capua was previously awarded permanent partial disability (PPD) benefits, she was barred from receiving vocational rehabilitation (VR) services under Hawai'i Administrative Rules (HAR) § 12-14-36 (governing waiver of VR services under certain circumstances). Oral argument was held on April 17, 2008.
On application, Capua challenges -- as she did before the ICA -- the LIRAB's denial of VR services to her, arguing that HAR § 12-14-36 is inconsistent with Hawai'i Revised Statutes (HRS) § 386-25 (1993) (governing an employee's eligibility for VR services). Based on the discussion infra, we hold that the director exceeded his statutorily designated authority in promulgating HAR § 12-14-36 and, thus, the ICA erred in affirming the LIRAB's December 20, 2003 decision and order. Accordingly, we vacate the ICA's October 26, 2007 judgment on appeal and the LIRAB's December 30, 2003 decision and order and remand this case to the director with instructions to provide Capua with VR services, if she so desires at this time.
Concurring opinion of Acoba, J., with whom Nakayama, J., joins [pdf]
