Ajifu v. State

Claimant-appellant Shoyei Ajifu appeals from the November 20, 2000 decision and order of the Labor and Industrial Relations Appeals Board (LIRAB) that modified an open-ended award of temporary total disability (TTD) benefits by Director of the Department of Labor and Industrial Relations (Director) and concluded that Ajifu was entitled to benefits through November 26, 1998. On appeal, Ajifu contends that LIRAB reversibly erred in modifying his open-ended TTD award because it: (1) lacked statutory authority to terminate an open-ended award of TTD benefits; (2) failed to address Ajifus ability to resume work; (3) failed to afford Ajifu adequate notice by failing to comply with the notice requirements of Hawaii Revised Statutes (HRS) § 386-31(b)(1) (1993); and (4) failed to give effect to the remedial nature of HRS § 386-31.