HUNTINGTON - A Cabell County man claims he was forced out of work without notice because of injuries he sustained while working for Pepsi Bottling Group.

Charles D. Jordan was a truck driver and delivery person for the company in Huntington. He delivered soda to retail stores.

On. Jan. 16, 2004, Jordan was on his truck route when he injured his rotator cup in his right shoulder. He proceeded to take temporary leave to rehabilitate his shoulder and returned May 15, 2004.

"Jordan returned to his job and resumed his duties, despite being advised by his supervisor, that is he would return to work ... he would be placed on light duty," the suit states.

He then told his supervisor that he could not do his route job because it required heavy lifting.

The suit states "his physical therapist, Mark Taylor at Huntington Physical Therapy, advised that he should not life any items above the waistline."

The Pepsi Company then told Jordan there was no light duty work available, and he was required to resume his route.

Jordan complied.

On June 1, 2004, he tore his left should rotator cup "when attempting to perform all of the lifting duties with his left arm, due to the injury to the right arm."

He then underwent surgery in November of 2004 and May of 2005 to repair his shoulders. During his absence, he received compensation.

About seven to eight months after the first surgery on his right shoulder, Pepsi bid Jordan's job out for permanent hire.

The supervisor, Bill Nance, advised employees that Jordan was "old and could not recover from his surgery" and that he "would not return to work."

The suit claims Pepsi never contacted Jordan to "request his condition update or to ask if he is physically capable of returning to work."

Jordan then was discharged without notice. His health insurance was terminated without notice also.

Jordan claims the actions of Pepsi were a violation of Human Rights Acts; Disability, Age and Retaliation. He is seeking compensation for sorrow, mental anguish, emotional distress, lost past and future earnings, medical care and punitive damages.

The case was filed Dec. 29 and will be heard by Judge David Pancake.

Cabell Circuit Court case number 06-C-984

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