Vicente v. Hilo Medical Investors, Ltd. ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-NOV-2022
07:57 AM
Dkt. 43 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
DWIGHT J. VICENTE, Claimant-Appellant-Appellant, v.
HILO MEDICAL INVESTORS, LTD., Employer-Appellee-Appellee, and
AMERICAN HOME ASSURANCE COMPANY/AIG CLAIMS SERVICES,
Insurance Carrier-Appellee-Appellee, and JOHN MULLEN & COMPANY,
INC., Insurance-Adjuster-Appellee-Appellee
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2015-259(H)(S); DCD NO. 1-87-00882)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Leonard, Presiding Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears that we lack
appellate jurisdiction over self-represented Claimant-Appellant-
Appellant Dwight J. Vicente's (Vicente) appeal from a purported
order denying Vicente's motion to continue trial by the Labor and
Industrial Relations Appeals Board (LIRAB), in Case No. 2015-
259(H)(S), because the record on appeal in CAAP-XX-XXXXXXX does
not include a final decision or order by the LIRAB regarding its
review of a June 3, 2015 decision by the Director of the
Department of Labor and Industrial Relations regarding Vicente's
claim for further workers' compensation benefits for a May 3,
1987 injury.
An aggrieved party may appeal from a final decision and
order by the LIRAB directly to this court under Hawaii Revised
Statutes (HRS) §§ 386-88 (2015) and 91-14 (2012). For purposes
of HRS § 91-14(a), "final order" means "an order ending the
proceedings, leaving nothing further to be accomplished[;] . . .
Consequently, an order is not final if the rights of a party
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
involved remain undetermined or if the matter is retained for
further action." Bocalbos v. Kapiolani Med. Ctr. for Women &
Child., 89 Hawai i 436, 439, 974 P.2d 1026, 1029 (1999) (cleaned
up).
No final judgment has been entered in the underlying
proceeding. Absent an appealable, final decision or order in
LIRAB Case No. 2015-259(H)(S), the appeal is premature and we
lack jurisdiction.
Therefore, IT IS HEREBY ORDERED that appellate case
number CAAP-XX-XXXXXXX is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu, Hawai i, November 7, 2022.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Karen T. Nakasone
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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