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IN THE SUPREME COURT OF THE STATE OF HAWAI#I

---o0o--COLLEEN D. TAM, Claimant-Appellant vs. KAISER PERMANENTE, Employer-Appellee, Self-Insured _________________________________________________________________ NO. 22838 APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS BOARD (CASE NO. AB 95-670) (2-91-03510) FEBRUARY 8, 2001 MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ. OPINION OF THE COURT BY LEVINSON, J. The claimant-appellant Colleen D. Tam appeals from the decision and order of the State of Hawai#i Labor and Industrial Relations Appeals Board (LIRAB), filed on September 3, 1999, affirming the September 19, 1995 decision of the director of labor and industrial relations ("the Director") suspending Tam's workers' compensation benefits until she complies with the Director's order to submit to a medical examination requested by the employer-appellee Kaiser Permanente. that the LIRAB erred in: On appeal, Tam argues

(1) affirming the validity of the

Director's "medical examination order" because (a) Kaiser failed to comply with the statutory and regulatory requirements for requesting an independent medical examination embodied in Hawai#i

Revised Statutes (HRS)

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Hawaii Law