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Friday, October 10, 2014

Workers’ comp claim led to firing, suit states

BECKLEY — A Raleigh County man is suing over claims he was fired after returning from a leave of absence to recover from a workplace injury.


Dale Davis filed a lawsuit Aug. 29 in Raleigh Circuit Court against Kentucky Fuel Corporation, citing wrongful discharge.

According to the complaint, Davis was employed as a truck driver by the defendant in October 2013, when he was involved in a collision while riding in the passenger’s seat of a company vehicle. Davis says he received workers’ compensation, including a six-week leave of absence, but when he returned, he was laid off after only three days. The complaint states other employees who had just returned to work were also laid off. The defendant is accused of wrongful discharge, workers’ compensation discrimination and disability discrimination.

Davis is seeking back pay and benefits, damages, attorneys’ fees and reinstatement or front pay. He is being represented in the case by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline and Campbell in Morgantown. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh County Circuit Court case number: 14-C-855

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