$10M injury suit awaits court decision

A local construction company is being sued for at least $10 million after an employee lost his leg in an on-the-job car accident.

Frank Ukau alleges that he was backed over by a pickup driven by his boss, Jennie Wang, the head of Entity Construction, on July 5 at a job site on Nimitz Hill.

The lawsuit alleges that Wang was "inattentive" and "backed up without checking," and that the accident left him with "serious bodily injuries." The lawsuit argues that Ukau should be paid $10 million for his injuries, plus additional damages for lost income, unpaid overtime, medical expenses and his wife's duress.

Although Wang's attorney said there is no denying that the tragic accident occurred, or that Ukau should be compensated for his injuries, a dispute remains to be settled by federal court -- on the issue of how much compensation is owed to Ukau.

Attorney Thomas Tarpley, who is working on a response to the lawsuit, said this case will center around a legal argument over which law should apply to the case and whether the damages paid to Ukau should be capped.

Normally, workers' compensation law limits the payout of on-the-job accidents, but removes the requirement that employees prove negligence, Tarpley said.

However, at the time of the July injury, Ukau wasn't covered by workers' compensation insurance. He was "working for cash," Tarpley said.

Because of this, Ukau argues his damages shouldn't be capped by workers' compensation law, which Tarpley believes would otherwise limit his payout to about $50,000. Guam law allows companies to self-insure for workers' compensation, so Tarpley argues that Entity Construction should be able to pay $50,000 out of pocket.

Wang and the company already have paid Ukau about $7,000, which is more than the injured man would have received so far under incremental workers' compensation payments, Tarpley said.

Wang wants to pay the injured man, Tarpley said.

"She is taking care of the guy's bills and home and food and things like that," Tarpley said. "That's what she has been doing and will continue to do that. ... She feels terrible about it, it's a terrible thing that happened."

To sue for damages outside of workers' compensation law, Ukau would have to prove job site negligence, Tarpley said. The lawsuit alleges that the injuries were a direct result of Wang's negligence.

Also named in the lawsuit are insurance companies that cover Wang and Entity Construction. The lawsuit also alleges that Entity Construction owes Ukau for unpaid overtime, but doesn't state a specific amount.