HAWSCT Clarifies When An "Accident" Occurs In Service-Connected Disability Retirement Statute

A slight detour from our usual fare, to note a decision from a closely-divided Hawaii Supreme Court in a case about when a State employee is eligible for service-connected disability retirement benefits under the State Employees' Retirement System. In Pasco v. Board of Trustees of the Employee Retirement System, No. SCWC-13-3629 (May 22, 2018), the court, in a majority opinion by Justice Sabrina McKenna, concluded that a State of Hawaii employee was disabled as the result of an on-the-job accident, and was therefore eligible for disability benefits.  The reason we're posting this 3-2 case (majority opinion here, dissenting opinion here) is that we find close cases like this fascinating, and we represent the prevailing employee. While employment law isn't our usual area of operations, we handle appeals in just about any area of law, and for this one — argued back in February 2017 — we delved into the question of how the ERS statute defines…

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