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Chapman v. GTE Hawaiian Telephone Co., Inc.
State: Hawaii
Court: Court of Appeals
Docket No: 23749
Case Date: 01/03/2001
Preview:NO. 23749 IN THE SUPREME COURT OF THE STATE OF HAWAI#I CYNTHIA M. CHAPMAN, Claimant-Appellee vs. GTE HAWAIIAN TELEPHONE CO., INC., and TRAVELERS INSURANCE COMPANY, Employer/Insurance Carrier-Appellants APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 98-341 (2-97-18328)) (By: ORDER DISMISSING APPEAL Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the June 16, 2000 decision and order of the Labor and Industrial Relations Appeals Board determining claimant's injury is compensable is not an appealable final order inasmuch as the matter of benefits, if any, has not been determined; see Williams v. Kleenco, 2 Haw. App. 219, 629 P.2d 125 (1981); Mitchell v. State, Dept. of Educ., 77 Hawai#i 305, 884 P.2d 368 (1994); (2) the June 16, 2000 decision and order is not an appealable preliminary ruling inasmuch as deferring review of the decision pending entry of a final decision would not deprive Appellant of adequate relief; (3) the June 16, 2000 decision and order is not appealable under our holding in Bocalbos v. Kapiolani Medical Center, 89 Hawai#i 436, 974 P.2d 1026 (1999); and thus, (4) we lack jurisdiction over this appeal. HRS
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