NOT FOR PUBLICATION

NO. 25200

IN THE INTERMEDIATE COURT OF APPEALS


 
OF THE STATE OF HAWAI`I

 
 
 

ALVIN J. CORREA, Claimant-Appellee, v.
HAWAIIAN AIRLINES, INC., and KEMPER INSURANCE
COMPANY, Employer/Insurance Carrier-Appellant



 

APPEAL FROM THE LABOR AND INDUSTRIAL
RELATIONS APPEALS BOARD
(CASE NO. AB 2000-120(M))
(7-99-02490)



 

SUMMARY DISPOSITION ORDER
(By: Lim, Acting C.J., Foley and Nakamura, JJ.)

Employer-Appellant Hawaiian Airlines, Inc. and Insurance Carrier-Appellant Kemper Insurance Company (collectively HI Airlines) appeal the April 16, 2002 "Proposed Decision and Order" and the June 7, 2002 "Order Adopting Proposed Decision and Order" of the Labor and Industrial Relations Appeals Board (Board).

On appeal, HI Airlines contends it presented substantial evidence to rebut the presumption that Claimant-Appellee Alvin J. Correa, Jr. (Correa) sustained a back injury on February 10, 1997.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we conclude, giving appropriate deference to the Board's role in assessing the credibility and weight of the evidence, that the Board's determination that HI Airlines failed to present substantial evidence to show that Correa did not sustain a low back injury on February 10, 1997, was not clearly erroneous. Nakamura v. State of Hawai`i, Univ. of Hawai`i, 98 Hawai`i 263, 268 & 270-71, 47 P.3d 730, 735 & 737-38 (2002).

Therefore,

IT IS HEREBY ORDERED that the April 16, 2002 "Proposed Decision and Order" and the June 7, 2002 "Order Adopting Proposed Decision and Order" of the Labor and Industrial Relations Appeals Board are affirmed.

DATED: Honolulu, Hawai`i, July 12, 2004.
On the briefs:
 

Timothy P. McNulty
for claimant-appellee.

Clyde Umebayashi,
James N. Duca,
Muriel M. Taira
(Kessner Duca Umebayashi
Bain & Matsunaga)
for employer/insurance
carrier-appellant.