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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--DARRYL S. IGAWA, Respondent-Claimant-Appellant vs. KOA HOUSE RESTAURANT, Petitioner-Employer-Appellee and PACIFIC INSURANCE COMPANY, Petitioner-Insurance Carrier-Appellee NO. 22464 CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CASE NO. 96-434 (2-91-35946)) AUGUST 30, 2001 MOON, C.J., LEVINSON, NAKAYAMA, AND RAMIL, JJ. AND ACOBA, J., CONCURRING IN PART AND DISSENTING IN PART OPINION OF THE COURT BY NAKAYAMA, J. Petitioner-employer-appellee Koa House Restaurant (Koa House) and petitioner-insurance carrier-appellee Pacific Insurance Company (collectively, Employer) apply to this court for a writ of certiorari to review the memorandum opinion of the Intermediate Court of Appeals (ICA) in Igawa v. Koa House Restaurant, No. 22464 (Haw. Ct. App. Feb. 2, 2001) [hereinafter, the "ICA's opinion"], reversing in part and affirming in part the decision and order of the Labor and Industrial Relations Appeal Board (LIRAB or the Board). erred by: Employer argues that the ICA gravely

1) applying the HRS

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Hawaii Law