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Oral Arguments Before the Intermediate Court of Appeals

No. CAAP-11-0000612, Wednesday, November 14, 2012, 9 a.m.

KIMBERLY K.F. WILSON, Claimant-Appellant, v. STATE OF HAWAI`I, DEPARTMENT OF HEALTH, Employer-Appellee, Self-Insured.

Attorney(s) for Claimant-Appellant:

Wayne H. Mukaida

Attorney(s) for Employer-Appellee:

David M. Louie, Attorney General; James E. Halvorson and Steve K. Miyasaka, Deputy Attorneys General

COURT: Foley, Fujise, and Leonard, JJ.

SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Ali`iolani Hale, 417 South King Street, Honolulu, Hawai`i.

[ Listen to the entire audio recording in mp3 format ]

Brief Description:

Claimant-Appellant Kimberly K. F. Wilson (Wilson) appeals from the Decision and Order of the Labor and Industrial Relations Appeals Board (LIRAB) filed July 22, 2011, affirming the Disability Compensation Division, Department of Labor and Industrial Relations’ October 16, 2007 decision in favor of Employer-Appellee State of Hawai`i, Department of Health (DOH). The LIRAB found the DOH not liable for medical treatment Wilson received from May 7, 2004 to December 1, 2006.

On appeal, Wilson contends the LIRAB erred as a matter of law in finding the following Findings of Fact:

9. The Board finds that the foregoing “Referral” [completed by Dr. Griffin referring Wilson to Mayo Clinic] does not meet the requirements of Sections 12-15-42 or 12-15-40 of the Hawaii Workers’ Compensation Medical Fee Schedule.

10. Nicholas E. Maragos, M.D., a physician at the Mayo Clinic, identified himself as the attending physician on a WC-2 Physician’s Report form (“WC-2”) dated September 13, 2006 and Claimant, during her deposition, described him as the “commander” of her medical treatment. However, there was no request that Claimant be allowed a change in attending physician, and Dr. Griffin remained Claimant’s attending physician during the relevant time period.

13. The Board finds that the medical care, services, and supplies provided by Altru Health Systems, Laidlaw Psychological Services, and Mayo clinic were not directed by her attending physician, Dr. Griffin.

Wilson also challenges the following language from the
LIRAB’s Conclusion of Law:

[T]he Board concludes that Employer is not liable for medical care, services, or supplies provided by Altru Health Systems, Laidlaw Psychological Services, and Mayo Clinic from May 7, 2004 to December 1, 2006. Said services were not requested by or even directed by Claimant’s attending physician. . . . The Board further concludes that with regard to medical care, services, or supplies provided by Dr. Griffin, that the same were not provided pursuant to a valid Workers’ Compensation Treatment Plan.