Feliciano V. Board Of Trustees Of Employees'' Retirement System

The Board of Trustees of the Employees' Retirement System, State of Hawaii (Board), appeals from an order of the circuit court reversing a decision of the Board and ordering the Board to enter a decision accepting and affirming the Board's hearings officer's recommended findings of fact, conclusions of law, decision and order. The  Board contends on appeal that the circuit court (1) was clearly erroneous in reversing the Board's decision, (2) erred as a matter of law in its interpretation of the phrase "incapacitated for gainful employment," Hawaii Revised Statutes (HRS) § 88-77 (1976), and (3) erred in ordering the Board to enter and affirm the recommended findings of fact, conclusions of law, decision and order of the Board's hearings officer and award a service-connected total disability retirement to the claimant, Ernest T. Feliciano (Feliciano).