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Wharton V. Hawaiian Electric Co.

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eBook details

  • Title: Wharton V. Hawaiian Electric Co.
  • Author : Hawaii Supreme Court
  • Release Date : January 15, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

This workers' compensation case is before us on appeal by claimant-appellant Gerald A. Wharton, Sr., from the Labor and Industrial Relations Appeals Board's (Board) decision and order denying his claim for benefits under the Hawai'i Workers' Compensation Law, Hawai'i Revised Statutes (HRS) chapter 386 (1993). The dispositive issue is whether Wharton suffered a psychological stress injury on or about February 11, 1989, arising out of and in the course of his employment. Because (1) Wharton's stress injury was a direct consequence of the disciplinary action imposed for his misconduct, and (2) Wharton's prohibited conduct exceeded the bounds of his employment duties, we hold that Wharton's stress injury falls outside the scope of worker's compensation coverage under applicable Hawai'i law. Accordingly, we affirm the Board's decision denying Wharton's claim.


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