§386-88 Judicial review. The decision
or order of the appellate board shall be final and conclusive, except as
provided in section 386-89, unless within thirty days after mailing of a
certified copy of the decision or order, the director or any other party
appeals to the intermediate appellate court, subject to chapter 602, by filing
a written notice of appeal with the appellate board, or by electronically
filing a notice of appeal in accordance with the Hawaii rules of appellate
procedure. A fee in the amount prescribed by section 607-5 for filing a notice
of appeal from a circuit court shall be paid to the appellate board for filing
the notice of appeal from the board, which together with the appellate court
costs shall be deemed costs of the appellate court proceeding. The appeal
shall be on the record, and the court shall review the appellate board's
decision on matters of law only. No new evidence shall be introduced in the
appellate court, except that if evidence is offered that is clearly newly
discovered evidence and material to the just decision of the appeal, the court
may admit the evidence. [L 1963, c 116, pt of §1; am L 1965, c 156, §1; Supp,
§97-97; HRS §386-88; am L 1969, c 244, §2e; am L 1974, c 145, §4; am L 1979, c
111, §19; am L 2004, c 202, §44; am L 2006, c 94, §1; am L 2010, c 109, §1; am
L 2013, c 14, §2]
Cross References
Appeals, see chapter 91.
Rules of Court
Appeal, see Hawaii Rules of Appellate Procedure.
Case Notes
Constitutional. 24 H. 97 (1917).
Appeal is upon both law and facts and is trial of cause de
novo. 24 H. 731 (1919); 40 H. 660 (1955).
This section and §386-73 supersede §91-14 and remove the
circuit court from the appellate process with regard to proceedings brought
under chapter 386. 53 H. 640, 500 P.2d 746 (1972).
Appeals to supreme court from appeals board are governed by
Administrative Procedure Act which sets out the "clearly erroneous"
standard of review. 57 H. 296, 555 P.2d 855 (1976).
Appeals are governed by chapter 91. 2 H. App. 219, 629 P.2d
125 (1981).
Cited: 56 H. 544, 545 P.2d 687 (1976); 56 H. 552, 545 P.2d
692 (1976).
Cited: 134 H. 99 (App.), 332 P.3d 701 (2014).
Notes of Decisions
Tauese v. State, Dep't of Labor & Indus. Relations, 147 P.3d 785 (Haw. 2006).
· cites it 6× “On October 15, 2004, Appellant filed his notice of appeal with this court pursuant to HRS § 386-88 (1993) 11 and Hawaii Rules of Appellate Procedure (HRAP) Rules 3 and 4.”
De Victoria v. H & K Contractors, 545 P.2d 692 (Haw. 1976).
· cites it 12× “This is an appeal pursuant to HRS § 386-88 (Supp. 1974) by a claimant-appellant (hereinafter referred to as claimant) from an adverse decision and order of the Labor and Industrial Relations Appeals Board, denying further medical benefits and compensation for an alleged…”
Capua v. Weyerhaeuser Co., 184 P.3d 191 (Haw. 2008).
· cites it 8× “Thereafter, Capua filed her notice of appeal with the ICA, pursuant to HRS § 386-88 (Supp.2007). [7] D. Appeal Before the ICA On direct appeal, Capua argued, inter alia, that HAR § 12-14-36 "[was] invalid as inconsistent with the Hawai`i [w]orkers' [c]ompensation [l]aw.”
Waltrip v. TS Enter., Inc., 398 P.3d 815 (Haw. 2016).
· cites it 4× “Fund argued that the ICA lacked jurisdiction over Waltrip’s appeal of the July 2011 Decision and the Order Denying August Request because Waltrip’s appeal was one day late under HRS § 386-87(d) (1993) and HRS § 386-88 (Supp. 2010), as she filed her notice of appeal on September…”
Tamashiro v. Control Specialist, Inc., 34 P.3d 16 (Haw. 2001).
· cites it 4× “[2] HRS § 386-88 (1993) instructs as follows: The decision or order of the appellate board shall be final and conclusive, except as provided in section 386-89, unless within thirty days after mailing of a certified copy of the decision or order, the director or any other party…”
Dependents of Akamine v. Hawaiian Packing & Crating Co., 495 P.2d 1164 (Haw. 1972).
· cites it 6× “Akamine's dependents, the claimants-appellants, appealed the Board's decision by direct appeal to this court, pursuant to HRS § 386-88 (Supp. 1971). [1] The major issue in this case is whether the employer-appellee, Hawaiian *1166 Packing and Crating Company, and its insurance…”
Bocalbos v. Kapiolani Med. Ctr. for Women & Child., 997 P.2d 42 (Haw. App. 2000).
· cites it 4× “Case law has determined that HRS § 386-88 supersedes HRS § 91-14 only with respect to the statement that the judicial review be instituted with the circuit court.”
Van Ness v. State, Dep't of Educ.., 319 P.3d 464 (Haw. 2014).
· cites it 2× “HRS § 386-88 (Supp.2011) provides in relevant part: "The decision or order of the appellate board shall be final and conclusive, .”
Tate v. GTE Hawaiian Tel. Co., 881 P.2d 1246 (Haw. 1994).
· cites it 2× “Appeals from decisions of the Board are made directly to this court, as provided in HRS § 386-88 (1985). 2 . Haw Tel annually sponsors a separate retirement banquet, which honors all of the previous year's retirees.”
Cadiz v. QSI, Inc., 468 P.3d 110 (Haw. 2020).
· cites it 2× “5; HRS § 386-88. Because any appeal from a determination of the director receives a full hearing de novo from the LIRAB, this court reviews only the decisions of the LIRAB and not the decisions of the director.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.