Tate V. Gte Hawaiian Telephone Co.
Hawaii Supreme Court
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This case presents us with the opportunity to clarify the nature and scope of coverage under the Hawai'i workers' compensation law, Hawai'i Revised Statutes (HRS) ch. 386 (1985 & Supp. 1992). The claimant-appellant Elsie Tate appeals from the decision of the Labor and Industrial Relations Appeals Board (Board) denying her claim for workers' compensation.*fn1 On appeal, Tate contends that the Board erred in: (1) refusing to consider whether the activities giving rise to Tate's injury were a normal incident of her employment; (2) applying a restrictive "work connection" test that ignored evidence of custom and practice, acquiescence by the employer, and benefit to the employer; and (3) failing properly to consider or apply the statutory presumption of compensability to Tate's injury.