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Appeal Can't Be Rejected as Untimely Without Evidence of When Decision Was Mailed

Wednesday, June 12, 2024 | 0

The Hawaii Supreme Court ruled that the Department of Labor and Industrial Relations cannot reject an appeal as untimely based on its “sent” date for a decision without direct evidence that the decision was sent on that date. Case: Dean v. State, No. SCWC-22-0000446, 06/10/2024, published. Facts and procedural history: Augustina Dean worked as an elementary school teacher. She filed a workers’ compensation claim, and the director of the Department of Labor and Industrial Relations denied it, finding that she had not suffered a work-related injury.  Dean appe...

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