Ex- maintenance worker sues PSS over lack of compensation for finger injuries
Reporter
A former maintenance worker at Koblerville Elementary School for 26 years has sued the Public School System and the CNMI government for lack of compensation coverage over the injuries that he suffered in his finger.
Antonino S. Santos, a U.S. citizen, sued PSS, government, and 10 unnamed co-defendants, for failure to provide workers’ compensation coverage.
Santos, through counsel Michael W. Dotts, asked the Superior Court to order the defendants to pay him damages in unspecified amount, attorney’s fees, and court costs.
Dotts stated in the complaint that Santos decided to proceed with the filing of the lawsuit after the government did not respond to his notice of claim on March 28, 2011.
Dotts said Santos sent a detailed claim to the Commonwealth on Aug. 26, 2011 following the government’s request.
According to the complaint, on April 15, 2010, the maintenance worker was injured while working on the job using a table saw.
Santos suffered a lacerated let index finger and injured his distal interphalangeal joint. The finger’s shape has been distorted and he has lost the use of the finger. He claimed he is still in constant pain.
Dotts said the worker timely filed a claim with the Workers Compensation Commission.
Dotts said WCC denied the claim because there was no workers’ compensation coverage existing for government employees employed by PSS who were injured on the job despite the law that requires all workers in the CNMI to be covered by workers’ compensation insurance.
Dotts said PSS failed to remit the appropriate funds to WCC.
The lawyer said although Santos has now retired, he feels it is necessary for him to return to the private workforce to augment his family’s income and because of his injury, he is unable to do so.