Capua v. Weyershause Company (Order Amending Concurring Opinion by J. Acoba)

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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LANI CAPUA,
Petitioner/Claimant-Appellant

vs.

WEYERHAEUSER COMPANY,
Respondent/Employer-Appellee, Self-Insured

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NO. 26369

ORDER OF AMENDMENT

(CASE NO. AB 2001-23096-561 (29215704))

MAY 29, 2008

NAKAYAMA AND ACOBA, JJ.

The concurring opinion of Acoba, J., with whom Nakayama, J., joined, that was attached to the majority opinion filed on May 27, 2008, is amended as follows (deletions are bracketed and additions are double underscored):

Line 5 from the top of page 4: the workers' compensation statute[s] that [are] is applicable here.

Line 3 from the bottom of page 5: is no similar provision in the HRS [statutes] governing PPD that

Line 3 from the bottom of the text of page 7: The director and the LIRAB therefore [abused their discretion] erred in

The Clerk of the Court is directed to incorporate the foregoing changes in the original concurring opinion and take all necessary steps to notify the publishing agencies of these changes.