ROBERT G. GOMES, JR., Petitioner/Appellant-Appellant/Cross-Appellee, vs. EMPLOYEES’ RETIREMENT SYSTEM, STATE OF HAWAI‘I, Respondent/Appellee-Appellee/Cross-Appellant.

The above-captioned case has been set for oral argument on the merits at:
 
Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/, subject to ‘Ōlelo’s programming availability.

Attorney for Petitioner/Appellant-Appellant/Cross-Appellee ROBERT G. GOMES, JR.:
     Ted H.S. Hong

Attorneys for Respondent/Appellee-Appellee/Cross-Appellant EMPLOYEES’ RETIREMENT SYSTEM, STATE OF HAWAI‘I:
     Randall S. Nishiyama and Lori N. Tanigawa, Deputy Attorneys General

NOTE:     Order assigning Circuit Judge Ronald G. Johnson due to a vacancy, filed 05/21/26.

NOTE:     Order accepting Application for Writ of Certiorari, filed 06/19//26.

COURT:    Devens, C.J., McKenna, Eddins, and Ginoza, JJ., and Circuit Judge Johnson, assigned by reason of vacancy.

Brief Description:

This is a secondary appeal arising from Respondent/Appellee Employees’ Retirement System, State of Hawai‘i’s (ERS) denial of Petitioner/Appellant Robert G. Gomes, Jr.’s (Gomes) application for service-connected disability retirement.  Under Hawai‘i Revised Statutes § 88-79, service-connected disability retirement requires a member of the ERS be permanently incapacitated for duty as a result of an accident while in the performance of duty.  The statute further provides that the ERS Medical Board certify the member is incapacitated for further performance of duty at the time of application, and that the incapacity is likely to be permanent.

Gomes worked as a Street Cleaning Supervisor for the County of Hawai‘i.  On July 22, 2019, Gomes filed an application for service-connected disability retirement with ERS arising from a confrontation with a coworker.

The ERS Medical Board found Gomes was not permanently incapacitated and recommended the ERS Board of Trustees deny Gomes’s application, which the ERS Board did.  The Circuit Court of the Third Circuit and the Intermediate Court of Appeals affirmed.  Gomes presents one question on certiorari: whether the ICA gravely erred by misinterpreting HRS § 88-79(a)(4)’s “likely to be permanent” language.