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Davenport v. City and County of Honolulu12/30/2002
to be placed on the list of eligibles. The Commission delayed ruling on Davenport's complaint and directed the Personnel Department to review the promotion process to ensure that it was fair and equitable. As a result, the Commission's proceedings and hearings on Davenport's petition continued for the next several years and throughout the duration of this appeal. Davenport claims, however, that these events did not contribute to the cause of his psychological injuries.
Meanwhile, in October 1993, the Department promoted Davenport to FFIII. His tenure was cut short, however, when the Department rescinded his promotion in November 1993 and sent him back to his former FFII assignment. The Department claimed that it was forced to take this action after several firefighters filed a lawsuit contesting the validity of the Department's promotional examination. In an attempt to comply with a temporary restraining order issued by the circuit court, against the use of the examination in promoting individuals to the positions of FFIII and captain, the Department rescinded seven promotions, including Davenport's. Davenport claims he was "devastated" by the Department's action. Fire Chief Donald S. M. Chang orally promised Davenport and the other firefighters that the Department would reinstate their promotions before January 1994. However, Richard R. Seto Mook replaced Chang in November 1993, and Davenport's promotion was not reinstated as promised. Davenport was again very upset and went on sick leave. On January 21, 1994, a doctor treated him for symptoms associated with hiatal hernia and irritable colon, which kept him off work for approximately two weeks. In February 1994, the Department reinstated Davenport's promotion to FFIII, but refused to credit Davenport's probationary period for the time he had accumulated from the previous promotion.
Davenport alleges that during this time, he was forced to endure a hostile work environment and harassment by his superiors. The exact nature of these allegations are not clear. However, Davenport claims that, on one occasion, shortly after the reinstatement of his promotion, Fire Chief Seto Mook called him and stated that "if he did not stop his complaining, he would be squashed like a pest, like a fly." Chief Seto Mook's alleged statements were apparently referring to Davenport's appeal to the Commission and his complaints regarding the promotion process.
On October 25, 1994, Davenport filed a claim for worker's compensation benefits for this injury , which he described as "stress, hiatal hernia, irritable colon," caused by "a long series of administrative difficulties regarding promotion over the last several years[.]" Davenport I, No. 23141, slip op. at 8. The Department denied the claim pending investigation.
B. April 1995 Injury
The second injury at issue in this case is Davenport's condition of elevated blood pressure described by Davenport as "stress--cumulative trauma and pain from industrial injuries." Id. The hypertension allegedly originated from a prior injury that occurred on May 2, 1994, when Davenport tore his right Achilles tendon while playing paddle tennis at the fire station. He underwent surgery and went on total temporary disability ("TTD") from May 5, 1994 to June 14, 1995. The Department accepted liability for the Achilles tendon injury.
While on leave, Davenport began seeing a psychiatrist, Dr. Gordon J. Trockman, for treatment of psychological problems, including depression over his immobility from the foot injury, anger and depression over issues at work, family problems, medical problems (irritable colon and hiatal hernia), and difficulties dealing administratively with the medical
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