***
NOT FOR PUBLICATION ***
NO. 26321
IN
THE SUPREME COURT OF THE STATE OF HAWAI`I
JENNIFER
T. DROBENA, Claimant-Appellant-Appellant
vs.
WAL-MART
ASSOCIATES, INC. and JOHN MULLEN AND COMPANY, Employer/Insurance
Adjuster-Appellee
and
SPECIAL
COMPENSATION FUND, Appellee-Appellee
APPEAL
FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2003-390(K))
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of the statements supporting and contesting jurisdiction
and the record, it appears that the December 30, 2003
order denying claimant's motion to stay the labor director's July 11,
2003 and August 14, 2003 decisions does not finally
end the proceeding before the Labor and Industrial Relations Appeals
Board (LIRAB) in Case No. AB 2003-390(K). Deferring review of the
December 30, 2003 order pending entry of a final decision and order by
the LIRAB would not
deprive claimant of adequate relief inasmuch as the July 11, 2003 and
August 14, 2003 decisions are pending appeal before
the LIRAB and an LIRAB decision in favor of claimant will provide her
with adequate relief. Thus, we lack jurisdiction
over this appeal. See
HRS §§ 91-14(a) and 386-88. Therefore,
IT
IS HEREBY ORDERED that this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu,
Hawai`i, April 29, 2004
.