The complaint was filed by Albert I. Ichihara with the assistance of his counsel Michael W. Dotts.
The plaintiff is asking the federal court to grant him relief in general damages in an amount to be proven at trial, including recovery of all related medical expenses and lost income, special damages including pain, suffering and emotional distress, as well as costs, attorney’s fees and any allowable prejudgment interest and other relief.
He is also asking the court for a jury trial.
The plaintiff said he has been an employee of Public Health since July 3, 2000.
He said sometime in 2003, he was transferred from the medical supply office to the maintenance division.
As a result of the transfer, he said the defendants discontinued coverage of his workers compensation insurance policy.
He said on Nov. 14, 2008, he and a co-worker were doing maintenance work on the main entrance door in the new CHC building when the hydraulic door suddenly hit him in the mouth and damaged his lips, teeth and dentures.
He said the injury was reported to the Workers Compensation Commission which investigated the claim and requested paperwork from Public Health regarding the plaintiff’s intra-departmental transfer.
He said the department failed to locate any documentation of the transfer and informed the commission of the absence of paperwork.
CHC admitted that the plaintiff had been working since 2003 and the verbal intradepartmental transfer occurred six years ago.
The plaintiff said the commission refused to authorize medical treatment benefits for him because of Public Health’s failure to provide the requested documentation.
He said the accident caused him to suffer severe injuries, pain, lacerations on the lips and fractured tooth, as well as tremendous pain and anguish.
He said his injuries required further dental treatment for several months, including root canal therapy, gum surgery, bone graft to rebuild upper ridge and fabrication of bridge and dentures.
The plaintiff is filing two causes of action against the defendants for strict liability in failure to keep its door in safe condition and failure to provide him with workers compensation insurance coverage.
