A recent ruling from a Hawai‘i appellate court has made waves in a long-running workers’ compensation case involving a former employee of American Healthways, Inc. The court’s decision, issued on April 17, 2025, partially overturned a previous order that required the employee, Lola L. Suzuki, to undergo two additional medical examinations.
This case began nearly two decades ago when Suzuki reported injuring her right wrist in November 2006. After her initial injury report, she underwent several independent medical examinations. In March 2007, an orthopedic surgeon evaluated her, but Suzuki later claimed that the examination caused further injuries, including issues with her left arm, neck, and a sleep disorder.
In October 2007, the Department of Labor ruled that her arm injuries were compensable but denied her claims related to the neck and sleep disorder. Suzuki appealed, and the Labor and Industrial Relations Appeals Board (LIRAB) consolidated her cases. Over the years, she underwent more examinations and filed complaints against medical professionals involved in her case, alleging misrepresentation and fraud, which were ultimately denied.
Fast forward to late 2021, when American Healthways sought to compel Suzuki to attend two new examinations for her ongoing complaints. Suzuki opposed this, arguing that the employer had not provided sufficient justification under state law for requiring more than one examination. The LIRAB initially sided with the employer, compelling the examinations and denying Suzuki’s motions for summary judgment and sanctions.
Suzuki appealed this decision. Initially, her appeal was dismissed, but the Hawai‘i Supreme Court later reversed that ruling, allowing her to appeal the order compelling the medical examinations. On remand, the appellate court found that the LIRAB had made a mistake by not providing the necessary legal and factual support for its decision. As a result, the court vacated the order for additional examinations and sent the case back for further proceedings.
While the ruling does not directly address any specific insurance policy language, it highlights important procedural requirements in Hawai‘i’s workers’ compensation system. Employers and insurers must clearly document their reasons for requesting more than one medical examination. This case, now entering its nineteenth year, underscores the significance of following proper procedures in long-term compensation claims.
As this situation unfolds, it serves as a reminder of the challenges faced by both employees and employers in the workers’ compensation landscape.