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NO.

24109

IN THE SUPREME COURT OF THE STATE OF HAWAI#I FRANK K. AKINI, Claimant-Appellant, vs. LAMME TEX CORP., dba TEX DRIVE IN, and WORKCOMP HAWAI#I, Employer/Insurance Carrier-Appellee. APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 98-463(H) (1-98-00024)(KONA)) (By: SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, and Ramil, JJ.; and Acoba, J., Dissenting) The claimant-appellant Frank K. Akini appeals from the amended decision and order of the Labor and Industrial Relations Appeals Board (LIRAB), filed on April 17, 2001, awarding Akini temporary total disability benefits (TTD) for the period between January 23, 1998 and August 31, 1998. Akini challenges the

LIRAB's conclusion that his work-related injury did not result in a permanent disability on the bases that: (1) employer-appellee

Lamme Tex Corp., dba Tex Drive In, failed to present "substantial evidence to overcome the presumption of [Akini's] claim," pursuant to Hawai#i Revised Statutes (HRS)

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Hawaii Law