DPH, DOLI sue to recover medical bills, wages
Two government agencies have filed a lawsuit against two employers to recover payment of medical bills, wages and repatriation costs.
Assistant Attorney General Celeste Andersen, representing the Departments of Public Health and Labor and Immigration, filed the civil lawsuit against Bernadita C. Taitano dba J&B Enterprises and Lee Pan Sik.
The action was brought to enforce a Labor Administrative Order issued last Aug. 28 by DOLI Hearing Officer Herb Soll enumerating Lee and Taitano’s liability to CHC for the medical bills incurred by Li Changxi, a non-resident worker.
The order required Lee and Taitano to pay CHC $87,310 for services provided to Li and were advised that they would be liable for further medical care provided by the hospital.
Li was under a standard non-resident worker contractual agreement in which the employer is responsible for medical care.
While covered by that provision, Li was struck by a motor vehicle and was admitted to CHC. His injury has resulted in permanent incapacity.
Upon Li’s discharge last Oct. 19, the total amount of Li’s medical bill for services rendered at CHC was $147,893.65.
The Labor order also required Lee and Taitano to provide for the repatriation of Li back to his point of hire in Jilin, China. Contrary to the order, neither Lee or Taitano contacted CHC to arrange for Li’s repatriation.
As a result, the Department of Public Health and the Medical Referral Office paid for Li’s airline ticket as well as his escort.
Andersen said the cost of one-way airline ticket for Li and his escort amounted $1,909 which should be paid by Lee and Taitano.
The order says Lee and Taitano are required to pay Li $12,688 in unpaid wages and liquidated damages but neither Lee or Taitano have made any payments to Li.
Hearing Officer Soll also fined Lee and Taitano $500 each for violations of the Non-Resident Workers Act but neither have paid for their respective fines.
The complaint noted that more than 15 days have passed from the date that the Labor Hearing Office issued its order and neither Lee and Taitano have appealed the decision to the Director of Labor.
DPH and DOLI are asking judgment in the amount of $147,893. 65 representing unpaid medical bills, $1,909 for repatriation costs, $12, 688 for unpaid wages and liquidated damages, $500 fine per defendant for violating the Non-Resident Workers Act and other costs associated with prosecuting the case.
