NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-21-0000100

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

JEREMY A.K. KONOHIA, Claimant-Appellant-Appellant, 

v.

COMMODITY FORWARDERS, INC., Employer-Appellee-Appellee,

and

LIBERTY MUTUAL INSURANCE, Insurance Carrier-Appellee-Appellee,

and

SPECIAL COMPENSATION FUND, Respondent-Appellee-Appellee

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD

(CASE NO. AB 2020-161(M) AND DCD NO. 7-16-01602)

SUMMARY DISPOSITION ORDER

(By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)

Self-represented Claimant-Appellant-Appellant

Jeremy A.K. Konohia appeals from the Decision and Order (D&O)

entered by the Hawai#i Labor and Industrial Relations Appeals

Board (LIRAB) on February 10, 2021. For the reasons explained

below, we affirm the LIRAB D&O.

On June 9, 2016, Konohia was injured while working for

Employer-Appellee-Appellee Commodity Forwarders, Inc. (together

with Insurance Carrier-Appellee-Appellee Liberty Mutual

Insurance, Employer). Konohia reported his injury to Employer,

and a claim for workers compensation benefits was initiated. 

Konohia received treatment for his injury and payment of

temporary total disability (TTD) benefits.

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000100

12-MAY-2022

07:47 AM

Dkt. 76 SO
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

The Hawai#i Department of Labor and Industrial

Relations (DLIR) Disability Compensation Division (DCD) conducted

a hearing on August 26, 2020. On September 3, 2020, the DCD

issued a written decision, signed on behalf of the director of

labor (the Director's Decision). The Director's Decision stated:

APPEAL: This decision may be appealed by filing a written

notice of appeal with the Director of Labor and Industrial

Relations or the Director's county representative within

twenty days after a copy of this decision has been sent.

DLIR mailed the Director's Decision to Konohia on September 3,

2020.

By handwritten letter dated September 20, 2020, Konohia

appealed the Director's Decision.1 The envelope that contained

Konohia's appeal was postmarked September 21, 2020. The envelope

and letter both bear date stamps of September 24, 2020.

By letter dated September 25, 2020, DLIR informed

Konohia that it had received his appeal letter on September 24,

2020.

On November 24, 2020, LIRAB issued an order to show

cause why Konohia's appeal should not be dismissed as untimely.

Konohia and Employer were directed to respond. A hearing was set

for December 22, 2020. An amended order to show cause was

issued, resetting the hearing for January 7, 2021.

The record on appeal does not contain a written

response by Konohia to either of the orders to show cause, or a

transcript of the LIRAB hearing. LIRAB issued the D&O on

February 10, 2021. LIRAB found that Konohia's appeal was due on

September 23, 2020, but was filed with DLIR's Maui district

office on September 24, 2020. LIRAB concluded that the appeal

was untimely under Hawaii Revised Statutes (HRS) § 386-87(a), and

that the statutory deadline was mandatory, citing Kissell v. Lab.

1 We take judicial notice, pursuant to Rule 201 of the Hawai#i Rules

of Evidence, that September 20, 2020 was a Sunday.

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& Indus. Rels. Appeals Bd., 57 Haw. 37, 549 P.2d 470 (1976). 

LIRAB dismissed Konohia's appeal. This appeal followed.2

It is well-established that appellate courts review LIRAB's

findings of fact under the clearly erroneous standard. 

However, LIRAB's conclusions of law cannot bind an appellate

court and are freely reviewable for their correctness. 

Thus, the court reviews conclusions of law de novo, under

the right/wrong standard.

Skahan v. Stutts Constr. Co., 148 Hawai#i 460, 466, 478 P.3d 285,

291 (2021) (cleaned up).

LIRAB found that "[t]he Director's [D]ecision was dated

and sent to the parties on September 3, 2020." That finding was

supported by substantial evidence and was not clearly erroneous.

LIRAB concluded that "[t]he due date for filing a

timely appeal in this case was September 23, 2020." That

conclusion was right under HRS § 386-87.3

LIRAB found that Konohia's appeal was "filed with

[DLIR's] Maui District Office on September 24, 2020[.]" That

finding was supported by substantial evidence and was not clearly

erroneous.

LIRAB concluded that "the time for filing a written

notice of appeal is mandatory." That conclusion was right. 

Kissell, 57 Haw. 37, 549 P.2d 470; see also Nickells v. Wal-Mart

Stores, Inc., 98 Hawai#i 508, 51 P.3d 375 (App. 2002).

2 Konohia's opening brief does not comply with Rule 28 of the

Hawai#i Rules of Appellate Procedure. Nevertheless, the Hawai#i Supreme Court

instructs that to promote access to justice, pleadings prepared by selfrepresented litigants should be interpreted liberally, and self-represented

litigants should not automatically be foreclosed from appellate review because

they fail to comply with court rules. Erum v. Llego, 147 Hawai#i 368, 380-81,

465 P.3d 815, 827-28 (2020). 

3 HRS § 386-87 (2015) provides, in relevant part:

Appeals to appellate board. (a) A decision of the director

shall be final and conclusive between the parties, except as

provided in section 386-89 ["Reopening of cases"], unless

within twenty days after a copy has been sent to each party,

either party appeals therefrom to the appellate board by

filing a written notice of appeal with the appellate board

or the department.

(bold italics added).

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LIRAB found and concluded that the Director's Decision

"was sent to the parties on September 3, 2020 and Claimant's

appeal was filed on September 24, 2020. Claimant's appeal was

filed 1 day late. Accordingly, the mandatory nature of

§386-87(a), HRS, requires dismissal of this appeal." This

combined finding and conclusion was supported by LIRAB's findings

of fact and reflected an application of the correct rule of law. 

See Hawai#i Administrative Rules § 12-47-12 ("The file stamped

date on the document shall be regarded as the date of filing."). 

Accordingly, it will not be overturned. Est. of Klink ex rel.

Klink v. State, 113 Hawai#i 332, 351, 152 P.3d 504, 523 (2007).

For the foregoing reasons, the Decision and Order

entered by the Hawai#i Labor and Industrial Relations Appeals

Board on February 10, 2021, is affirmed.

DATED: Honolulu, Hawai#i, May 12, 2022.

On the briefs:

/s/ Lisa M. Ginoza

Jeremy A.K. Konohia, Chief Judge

Self-represented ClaimantAppellant-Appellant. /s/ Keith K. Hiraoka

Associate Judge

Kimberly T. Guidry,

Kaliko#onālani D. Fernandes, /s/ Sonja M.P. McCullen

Deputies Solicitor General, Associate Judge

for Respondent-AppelleeAppellee Special Compensation

Fund.

Blaine W. Fujimoto,

Matthew K. Wong,

for Employer-Appellee-Appellee

Commodity Forwards, Inc. and

Insurance Carrier-Appellee-Appellee

Liberty Mutual Insurance.

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