Electronically Filed Intermediate Court of Appeals 28363 03-NOV-2010 09:07 AM NO. 28363

IN THE SUPREME COURT OF THE STATE OF HAWAI'I

ALLEN VIDAL, Claimant-Appellant, vs. STATE OF HAWAI'I, DEPARTMENT OF TRANSPORTATION, Employer-Appellee, Self-Insured.

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2005-407 (02-04-41062))

ORDER (By: Recktenwald, C.J., Nakayama, Acoba, Duffy, JJ.

and Circuit Judge To'oto'o, assigned by reason of vacancy)

Upon consideration of Allen Vidal’s papers requesting clarification from the supreme court of the intermediate court of appeals’ April 9, 2008 memorandum opinion, it appears that we lack jurisdiction to issue such clarification. See HRS § 602-5 (Supp. 2009). Therefore, IT IS HEREBY ORDERED that the request for clarification is dismissed.

DATED: Honolulu, Hawai'i, November 3, 2010.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ James E. Duffy, Jr.

/s/ Fa'auuga To'oto'o