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Defunct Tinian company owes CHC over $33,000
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Posted on May 01 2009
A Tinian dive shop and its officers shut down their business and left the CNMI without paying the Commonwealth Health Center $33,334.27 in outstanding medical bills by its employee who was treated for about two months after he was assaulted during off hours in March 2008.
The Department of Labor found Xuan Corp., its president treasurer Xuan Haojun and vice president Kwon Soon Young to be in default after failing to appear at an April 7, 2009 hearing.
Labor hearing officer Jerry Cody, in an April 14, 2009 administrative order, awarded nonresident worker Cui Jingzhu $4,944.66 in unpaid wages for work not provided by Xuan Corp. between June and December 2008.
Cody, however, said there’s no liquidated damages awarded for this claim.
Xuan Corp. employed Cui on Tinian to work as a commercial cleaner under a work permit that expired on Dec. 26, 2008. He began to work for the company in January 2008, until March 2008 when he was assaulted during off hours. Cui was hospitalized at CHC on Saipan with a head injury from March until May 15, 2008.
In his labor complaint, Cui said after he was released from CHC and returned to his employer, the employer did not provide him with work in violation of the contract.
Cody also ordered Xuan Corp. and its officers to pay CHC $33,334.27 for unpaid medical expenses incurred by the worker during his employment for which the employer or its surety remains responsible.
Because the complainant worker has not sought a job transfer, he shall be repatriated at the expense of the latest employer of record, which is Xuan Corp. or its surety.
Pursuant to Bond 44510, Royal Crown Insurance Corp. may be held responsible for the wage award and medical expenses to the limits of the bond, plus a repatriation ticket, if respondent fails to pay the award and deliver the airline ticket to the Labor Hearing Office within 10 days of the order’s date of the issuance.
Xuan Corp. and its officers are also permanently disqualified from employing foreign workers in the CNMI.
