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NO. 23600

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

MERRILL P. GOERS, nka MERRILL P. WEST, Claimant-Appellant, v. DIRTY DAN'S HAWAII, INC., and FIRST INSURANCE COMPANY OF HAWAII, LTD., Employer/Insurance Carrier-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB-96-640 (2-94-21567))

(By:

MEMORANDUM OPINION Watanabe, Acting C.J., Lim, and Foley, JJ.)

Merrill P. Goers, nka Merrill P. West (Appellant), appeals the June 20, 2000 decision and order of the Labor and Industrial Relations Appeals Board (the Board) that affirmed the October 4, 1996 decision of the Director of Labor and Industrial Relations (the Director). The Director's decision denied the

workers' compensation claim filed by Appellant for injuries sustained in a motor vehicle accident fronting Dancers nightclub. We affirm because there is "reliable, probative, and substantial evidence on the whole record"1 that Appellant's injuries were incurred by Appellant's wilful intention to injure another.

1/

See Hawaii Revised Statutes (HRS)

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