Collier Sheriff's Office employee suing county over health problems

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http://www.naplesnews.com/02/07/naples/d792902a.htm

Collier Sheriff's Office employee suing county over health problems

Saturday, July 6, 2002

By CHRIS W. COLBY, cwcolby@...

A Collier County Sheriff's Office employee is suing the county, accusing

commissioners of failing to act against the onslaught of mold and fungus the

workers complained fouled the air and made them ill as they worked inside

the former courthouse.

Tami Canger, a crime analyst who continued to work for the Sheriff's Office

in a different building after complaining in 1998 about chronic sinus

problems, filed the lawsuit June 11 in Collier County Circuit Court.

Canger was one of more than 25 sheriff's employees who worked in Building A

and complained about the air adversely affecting their health. They said the

air caused bloody noses, fever, headaches and sinus infections. About 100

people from the Sheriff's Office worked in the building after it was vacated

when the new courthouse was built in 1990.

Weinstein, a Fort Myers attorney, said the air in the building made

Canger susceptible to allergens that caused severe sinus infections.

" The situation made her sick and required her to have surgeries, but she's

left with permanent injuries, " Weinstein said.

The lawsuit seeks monetary compensation for Canger's suffering and her

now-permanent health problems, Weinstein said. State law sets a $100,000 cap

on what can be recouped from a governmental agency unless the state

Legislature votes to pay out more. That's rare, but it has happened in cases

where legislators thought the person deserved more money than what the law

would allow, Weinstein said.

" I think the case itself is in excess of $100,000. It's ruined her life, "

Weinstein said.

After complaining to county commissioners about the health of his workers

and the need to find new office space to accommodate them, Sheriff Don

Hunter persuaded the board to sign off on a $6.5 million expansion of the

sheriff's offices near the jail. The sheriff also leased space on North

Horseshoe Drive.

" The sheriff was really terrific with her, " Weinstein said. " As soon as she

got sick, he moved her out of the building. He has really been an advocate

for her. "

The Sheriff's Office also paid workers compensation claims by 15 people who

complained about medical problems related to Building A. Canger was one of

those employees, so the majority of her medical bills have been paid,

Weinstein said.

" The sheriff's workers comp carrier took the position that the county was at

fault for maintaining the building that way and sought reimbursement from

the county, which they got. The Sheriff's Office was made whole, " the

attorney said.

The county's decision to reimburse the sheriff's workers compensation fund

should not be taken as any kind of admission of blame, Weinstein said.

Assistant County Attorney Pettit said the county has no comment on

the lawsuit. He said he is not aware of any other similar lawsuits involving

Building A.

Skip Camp, the county's facilities management director, said Building A was

vacated in 1999 and torn down in 2000.

Camp said there was nothing very harmful inside the building, and the county

did make some improvements to try to satisfy the workers' complaints. For

example, the county spent $60,000 to have air ducts cleaned, dehumidifiers

installed and carpet replaced inside the building.

The county also hired a company, PureAir of Tampa, to do two environmental

studies in 1998. According to the company's report, the building was

" suitable for human occupancy. "

But the company advised the county to more closely monitor the temperature

and humidity levels to reduce the cultivation of bacteria and fungus.

The exact source and nature of the problem were never pinpointed, county

officials have said.

Tina Osceola, a Sheriff's Office spokeswoman, said Building A had housed a

lot of workers in several departments, including the Crime Prevention

Bureau, the Public Information Office and Youth Relations and Criminal

Investigation. The Sheriff's Office was the only agency to have workers in

Building A at the time the health complaints were made public late in 1998.

" It was a very serious issue because of the tremendous number of people

working there, " Osceola said.