***NOT FOR PUBLICATION***
NO. 23585
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
SURVIVORS
OF SANDRA H. CHING, DECEASED, Claimant-Appellant,
vs.
STATE
OF HAWAI`I, DEPARTMENT OF HEALTH,
Employer-Appellee, Self-Insured.
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 96-440)
SUMMARY DISPOSITION ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.)
Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we affirm the LIRAB's June 16, 2000 decision and order.
The Survivors have not shown that their "substantial rights . . . have been prejudiced" by the LIRAB's FOFs or COLs. Flor v. Holguin, 94 Hawai`i 70, 76, 9 P.3d 382, 388 (2000). In particular, in light of the record, including the testimony adduced at the hearing before the LIRAB, the FOFs were not "clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record," and the COLs did not violate "constitutional or statutory provisions," did not exceed "the statutory authority or jurisdiction of the agency," and were not "affected by other error of law." Id. Therefore,
IT IS HEREBY ORDERED that the LIRAB's June 16, 2000 decision and order is affirmed.
DATED: Honolulu, Hawai`i, March 18, 2004.
On the briefs:
Stephen T. Hioki,Kathleen N.A.
Watanabe, Deputy
Attorney General
(DAG),
and Steve K.
Miyasaka, DAG
for
employer-appellee
State of Hawai`i,
Department of
Health,
self-insured