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NO. 22975 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MICHAEL RADKAI, Claimant-Appellant vs. KAPALUA BAY HOTEL AND VILLAS, and FIRST INSURANCE COMPANY OF HAWAII, LTD., Employer/Insurance Carrier-Appellee and SPECIAL COMPENSATION FUND, Appellee APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 94-358 (M) (7-91-03146)) SUMMARY DISPOSITION ORDER (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.) Claimant-Appellant Michael Radkai (Claimant) appeals from the September 10, 1999 Decision and Order of the Labor and Industrial Relations Appeals Board (Appeals Board) affirming the Supplemental Decision dated September 19, 1996 by the Director of Labor and Industrial Relations (Director) awarding Claimant: (1) temporary total disability (TTD) benefits from May 13, 1991 through August 2, 1993; (2) 35% permanent partial disability (PPD) of the whole person; (3) 12% PPD of the right leg; and (4) $500.00 for disfigurement. The Claimant also appeals the

Appeals Board's order denying Claimant's motion for reconsideration or reopening filed October 21, 1999. The

Director also granted the motion of Insurance Carrier-Appellee

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First Insurance Company of Hawaii, Ltd. (First Insurance) for apportionment with Appellee Special Compensation Fund (Special Fund) and limited First Insurance's responsibility for PPD benefits to 104 weeks of compensation, with the Special Fund liable for the balance. On appeal, Claimant argues that the Appeals Board erred: (1) in not finding that his left hip and left knee

conditions were related to his compensable back injury; (2) in not crediting medical reports he submitted from five physicians; (3) when it relied on an impeached medical report by Lorne K. Direnfeld, M.D.; (4) when it found and concluded that he was not entitled to TTD benefits after August 2, 1993; (5) in finding that he is not permanently and totally disabled as a result of his May 10, 1991 work injury; and (6) in denying his motion to reconsider or reopen his case. Upon carefully reviewing the record and the briefs submitted by the parties, and having given due consideration to the arguments advocated and the issues raised, we hold as follows: (1) we cannot reach the merits of Claimant's contention

that the Appeals Board erred in finding that his left hip and left knee conditions were not related to his compensable low back injury of May 10, 1991 because Claimant failed to timely appeal the Appeals Board's February 27, 1996 Decision and Order (Appeals Board's First Decision), which specifically found that Claimant's 2

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left hip and left knee conditions were not related to his compensable low back injury. This finding was an appealable

final order under Hawai#i Revised Statutes (HRS)

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Hawaii Law