Trumbull engineer sues employee for unpaid $10,316 for hospitalization

Staff report

WARREN

Trumbull County Engineer and Sanitary Engineer Randy Smith and the county commissioners have filed suit against an employee of the engineer’s office.

The lawsuit, filed in common pleas court, seeks reimbursement of $10,316 from Robert Gatti of Hubbard for money the lawsuit says Gatti should have paid the county for hospitalization benefits he received while receiving workers’ compensation.

Atty. David Engler replied to a message seeking comment from Gatti, saying he thinks Smith is targeting Gatti because Gatti’s name showed up on a text-message list from another employee who filed legal action against Smith.

Engler said the engineer’s office has been inconsistent in that it has at times provided health care to employees on workers’ compensation but wants Gatti to pay part of the cost.

The suit says Gatti, who was represented by the American Federation of State, County and Municipal Employees Local 11, was injured during an accident on the job on or around Oct. 20, 2008, and placed on paid sick leave Oct. 20, 2008, to Jan. 16, 2009, then went on workers’ compensation from Jan. 17, 2009, to Nov. 5, 2009.

He was on sick/vacation leave from Nov. 6, 2009, to March 17, 2010, and back on workers’ compensation from March 19, 2010, to Feb. 14, 2011, when he returned to work, the suit says.

He received hospitalization as required by the union contract. But the contract requires employees to share in the cost of hospitalization while on workers’ compensation for up to 365 days from the last date they worked.

The percentage changes from zero percent in the first six months to 80 percent in the 12th month.

Gatti paid only $185, leaving a balance of $10,316, the suit says.