Rota physicians want suit reinstated

Two Rota physicians want the CNMI Supreme Court to reverse a Superior Court ruling that dismissed their lawsuit against the Rota Health Center and the Commonwealth Healthcare Corp. to collect $635,187 in benefits.

Drs. Francois Claassens and James Toskas, through their lawyer, Stephen J. Nutting, notified the Superior Court on Tuesday about their appeal.

Claassens and Toskas are seeking a ruling from the high court to reverse Superior Court Associate Judge Joseph N. Camacho’s dismissal of their case.

In his decision last May 24, Camacho has found that the two doctors gave themselves extra hours without the necessary signatures and authorizations.

Camacho dismissed the doctors’ claims of breach of contract and quantum meruit.

Quantum meruit determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed, but done under circumstances when payment could be expected.

Camacho said that no one with authority signed a contract amendment to authorize Claassens and Toskas to receive additional compensation for working extra hours—as required by their contracts.

Citing the contracts governing the two doctors’ employment at RHC, Camacho said that claiming quantum meruit is not called for since there is nothing on the record to support the existence of an implied term in the employment contract related to excess hour worked.

In their lawsuit filed in September 2017, Claassens is demanding payment of $308,000 for all administrative leave, while Toskas is seeking payment of $327,187 for all administrative leave.

The two alleged that RHC and CHCC failed to compensate them for thousands of hours of administrative leave.

RHC and CHCC, through assistant Office of the Attorney General Civil Division chief Christopher M. Timmons, moved to dismiss the lawsuit.

Timmons described the two physicians’ claims to support their collection of $635,187 in benefits as a “sweetheart backroom deal.”

The lawyer of the two physicians, Nutting, said the court should find the contracts to be legal and enforceable because the director of Office of Personnel Management approved the terms at the time of initial employment and subsequently approved the terms during the renewal process.

MD: Two Rota doctors are appealing to the CNMI Supreme Court from the Superior Court’s ruling that dismissed their claims in their lawsuit against the Rota Health Center and the Commonwealth Healthcare Corp. to collect $635,187 in benefits.

KW: Dr. Francois Claassens, Dr. James Toskas, appeal.