Background
Aimee Stiner, a self-represented claimant, filed a notice of appeal on April 3, 2025, seeking review of a decision by the Hawaii Labor and Industrial Relations Appeals Board (LIRAB) in a workers’ compensation matter against her employer, Bank of America dba Merrill Lynch, and its insurance carrier, XL Insurance America, Inc. adjusted by Sedgwick (LIRAB Case No. AB 2023-038; DCD No. 2-2022-165236).
As early as March 15, 2025, the LIRAB notified Stiner that appellate filing fees had not been paid and warned her that failure to pay or obtain a fee waiver would result in the record on appeal not being filed. The record on appeal was due by June 2, 2025, under Hawaii Rules of Appellate Procedure (HRAP) Rule 11(b)(1). As of April 15, 2025, the LIRAB confirmed the record had still not been filed due to the outstanding fees.
On June 6, 2025, the appellate clerk entered a default of the record on appeal, notifying Stiner that the filing deadline had expired, that she had neither paid the fees nor obtained an in forma pauperis order, and that the court would consider dismissal on June 13, 2025. The clerk advised that Stiner could seek relief from default by motion. Stiner took no further action.
The Court’s Holding
The Hawaii Intermediate Court of Appeals, per Chief Judge Nakasone and Associate Judges Wadsworth and Gluck, ordered the appeal dismissed. The court cited HRAP Rule 11(b)(2) and (c)(2), which authorize dismissal where the record on appeal has not been prepared because the appellant failed to pay the required fees or obtain an order permitting the appeal to proceed in forma pauperis.
Because Stiner neither paid the appellate filing fees, applied for a fee waiver, nor sought relief from the default entered against her, the court found no basis to allow the appeal to proceed and dismissed it outright.
Key Takeaways
- An appellate court may dismiss an appeal when the appellant fails to pay required filing fees and does not obtain an in forma pauperis order, even if the notice of appeal was timely filed.
- Hawaii appellate courts provide notice and an opportunity to cure fee deficiencies before dismissal; failing to respond to such notices or the subsequent default will result in loss of the appeal.
- Self-represented litigants are subject to the same procedural requirements as represented parties, including payment of appellate filing fees under HRAP Rule 11.
Why It Matters
This decision is a routine but important reminder that perfecting an appeal requires more than timely filing a notice of appeal — appellants must also satisfy fee obligations or obtain in forma pauperis status. Workers’ compensation claimants who are self-represented face particular risk of procedural dismissal if they are unaware of or unable to meet these requirements.
The case underscores that Hawaii appellate courts will enforce HRAP Rule 11’s fee and record-preparation requirements strictly, and that a default entered for non-payment will result in dismissal absent affirmative action by the appellant to seek relief.