 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Nakamura v. State9/26/2000
orking for Mr. Sakai, he had to work with or alongside Mr. Yoshioka's crew on two to three occasions when the job required more than one crew. Except for the incident at the music building, Claimant did not testify about any other problems that he had with Mr. Yoshioka while he was under Mr. Sakai's supervision between May and September of 1995.
8. Except for the incident that occurred when Claimant was working at the music building, we find that Claimant's problems with Mr. Yoshioka occurred while he was working under him. Our finding is also supported by the trial testimony of Henry Sakai, who stated that once Claimant was transferred to him, Claimant worked under him exclusively and that he did not observe any problems between Claimant and Mr. Yoshioka during the time that Claimant worked under him except for the one incident at the music building.
9. Claimant worked under Mr. Sakai from May 1995 to September 15, 1995. On September 15, 1995, Claimant received his paycheck at work. He noticed that the amount of his wages was reduced to $185.00, which was significantly less than what he usually earned.
10. Claimant's wages were reduced due to garnishment by the Internal Revenue Service . The IRS garnished Claimant's wages due to his alleged failure to file income tax returns for the past ten years or so.
11. Claimant was enraged by the garnishment of his wages. After receiving his paycheck, Claimant left work and has not returned since.
12. On September 18, 1995, Claimant informed Employer that he sustained a psychiatric stress injury at work on September 15, 1995, due to long term harassment and "inhumane" treatment by management. According to Claimant, the last incident of harassment was Employer's participation in the wage garnishment.
13. On September 20, 1995, Claimant saw his internist, Dr. Francis Pien, for complaints of stress and depression that developed after the IRS garnished his paycheck. Claimant told Dr. Pien that he felt like shooting people. Dr. Pien referred Claimant for an emergency psychological consultation with Dr. Annette Shimizu, Ph.D.
14. Later that same day, Claimant saw Dr. Shimizu, for complaints of depression, anxiety, irritability, anger, and homicidal ideation. According to Dr. Shimizu's notes, she discussed with Claimant the stress factors that led to his condition. Those factors were not identified in Dr. Shimizu's notes for the September 20, 1995 visit. Dr. Shimizu diagnosed Claimant with "depression, not otherwise specified."
15. At a follow-up appointment with Dr. Shimizu on September 28, 1995, Claimant discussed in detail with the doctor about his work stress. According to Dr. Shimizu's notes for this visit, Claimant told her about his supervisor swearing at him, and his belief that the federal government was conspiring against him.
16. At Claimant's October 18, 1995 visit with Dr. Shimizu, Claimant told Dr. Shimizu that the garnishment of his wages on September 15, 1995, was the "straw that broke the camel's back" and that the incident culminated three years of harassment by Employer.
17. Dr. Shimizu's WC-2 reports described Claimant's injury as "garnishing of check without approval causing stress and depression."
18. On January 5, 1996, Claimant was evaluated by Dr. Danilo Ponce, a psychiatrist. Dr. Ponce prepared a report dated January 26, 1996, summarizing his findings and conclusions.
At the evaluation, Claimant gave a history of a work-related stress claim in 1988, when he was employed by the federal government. Claimant stated that, at that time, he heard voices, had homicidal thoughts, and believed that the
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|