employee presumption (Hawaii) · Go Syfert
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employee presumption in Hawaii

5 Hawaii opinions name it 2 courts 1982–1998 0 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Salem College & Academy, Inc. v. Employment Divisiongreen
or · 1985 · cited in 1 Hawaii opinions naming this issue, 1986–1986
2 sentences

1986At the moment, there is no cause for us to think dismissals of lay teachers and staff members of church schools “over matters of religious doctrine are so frequent as to require [an] exemption [of the schools from] the unemployment [insurance program] on that account.” Salem College & Academy, Inc. v. Employment Division, 298 Or. at 487 , 695 P.2d at 36 (footnote omitted).

1986At the moment, there is no cause for us to think dismissals of lay teachers and staff members of church schools “over matters of religious doctrine are so frequent as to require [an] exemption [of the schools from] the unemployment [insurance program] on that account.” Salem College & Academy, Inc. v. Employment Division, 298 Or. at 487 , 695 P.2d at 36 (footnote omitted).

11
Dependents of Akamine v. Hawaiian Packing & Crating Co.green
haw · 1972 · cited in 1 Hawaii opinions naming this issue, 1984–1984
2 sentences

1984The Hawaii workers’ compensation law accords to the employee a presumption that his “claim is for a covered work injury,” 5 mean *12 ing that the injury arose “out of and in the course of employment.” The statutory presumption has been liberally construed in favor of the employee and it “cast[s] a heavy burden on the employer.” Akamine v. Hawaiian Packing & Crating Co., Ltd., 53 Haw. 406, 409 , 495 P.2d 1164, 1166 (1972).

1984The Hawaii workers’ compensation law accords to the employee a presumption that his “claim is for a covered work injury,” 5 mean *12 ing that the injury arose “out of and in the course of employment.” The statutory presumption has been liberally construed in favor of the employee and it “cast[s] a heavy burden on the employer.” Akamine v. Hawaiian Packing & Crating Co., Ltd., 53 Haw. 406, 409 , 495 P.2d 1164, 1166 (1972).

11
Chung v. Animal Clinic, Inc.green
haw · 1981 · cited in 1 Hawaii opinions naming this issue, 1984–1984
2 sentences

1984See also Chung v. Animal Clinic, Inc., 63 Haw. 642 , 636 P.2d 721 (1981); DeFries v. Association of Owners, 57 Haw. 296 , 555 P.2d 855 (1976).

1984See also Chung v. Animal Clinic, Inc., 63 Haw. 642 , 636 P.2d 721 (1981); DeFries v. Association of Owners, 57 Haw. 296 , 555 P.2d 855 (1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Ross v. Stouffer Hotel Co. (Hawai'i) Ltd. green
haw · 1994
2 sentences

1998Hence, “provision of a further remedy under the public policy exception” established in Pamar “is unnecessary.” Ross, 76 Hawai'i at 464 , 879 P.2d at 1047 .

1998Hence, “provision of a further remedy under the public policy exception” established in Pamar “is unnecessary.” Ross, 76 Hawai'i at 464 , 879 P.2d at 1047 .

11998–1998
In re Shabazz green
scotus · 1983
1 sentence

1992In Gouveia v. Napili-Kai, Ltd., 65 Haw. 189 , 649 P.2d 1119 (1982), cert. denied, 461 U.S. 904 (1983), we had occasion to consider the Farmer exception in an instance where the retributive discharge of an employee in violation of the NLRA resulted in emotional distress and anxiety.

11992–1992
Gouveia v. Napili-Kai, Ltd. green
haw · 1982
2 sentences

1992In Gouveia v. Napili-Kai, Ltd., 65 Haw. 189 , 649 P.2d 1119 (1982), cert. denied, 461 U.S. 904 (1983), we had occasion to consider the Farmer exception in an instance where the retributive discharge of an employee in violation of the NLRA resulted in emotional distress and anxiety.

1992In Gouveia v. Napili-Kai, Ltd., 65 Haw. 189 , 649 P.2d 1119 (1982), cert. denied, 461 U.S. 904 (1983), we had occasion to consider the Farmer exception in an instance where the retributive discharge of an employee in violation of the NLRA resulted in emotional distress and anxiety.

11992–1992
DeFries v. ASSOCIATION OF OWNERS, 999 WILDER green
haw · 1976
2 sentences

1984See also Chung v. Animal Clinic, Inc., 63 Haw. 642 , 636 P.2d 721 (1981); DeFries v. Association of Owners, 57 Haw. 296 , 555 P.2d 855 (1976).

1984See also Chung v. Animal Clinic, Inc., 63 Haw. 642 , 636 P.2d 721 (1981); DeFries v. Association of Owners, 57 Haw. 296 , 555 P.2d 855 (1976).

11984–1984
Lane v. Yamamoto green
hawapp · 1981
1 sentence

1982App. 176 , 628 P.2d 634 (1981). 4 However, under this same theory, if the employee has immunity from suit, it follows that the employer would also be immune.

11982–1982

Where else courts name it

CA 103 (1919–2026) OH 62 (1945–2025) MO 53 (1907–2024) TX 47 (1950–2025) IL 44 (1914–2024) NY 37 (1929–2025) CT 27 (1944–2020) MD 26 (1986–2019) TN 26 (1918–2025) WV 24 (1900–2022) PA 23 (1922–2026) IN 18 (1938–2018) NJ 18 (1974–2026) SC 15 (1945–2021) IA 15 (1948–2023) MN 14 (1969–2015) FL 13 (1968–2024) NM 13 (1945–2023) AZ 13 (1927–2026) LA 13 (1983–2026) VA 13 (1967–2024) AL 13 (1925–2017) GA 12 (1938–2010) WI 12 (1975–2024) NE 12 (1980–2025) MA 11 (1953–2013) MI 11 (1913–2024) OK 11 (1936–2016) NC 11 (1970–2018) ID 10 (1962–2021) ME 9 (1978–2022) OR 8 (1978–2020) AK 7 (1961–2010) DE 7 (1971–2024) RI 7 (1972–2014) WA 6 (1956–2021) MT 6 (1928–2017) CO 6 (1988–2005) KS 6 (1920–2026) AR 5 (1989–1997) UT 5 (1943–2021) HI 5 (1982–1998) KY 4 (1961–2024) SD 4 (1992–2008) WY 4 (1982–2019) DC 4 (2001–2015) ND 2 (1937–1963) MS 2 (1994–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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