WAYNE -- A Wayne man and his wife are suing J.B. Hunt Transport after he claims the company retaliated against him for filing a workers' compensation claim by terminating his employment.

Does 1-25 have also been named as defendants in the suit.

On Sept. 2, 2008, Gary Thacker Jr. began working for J.B. Hunt Transport as a truck driver, according to a complaint filed Sept. 27 in Wayne Circuit Court.

On Jan. 14, 2009, Thacker suffered an on-the-job injury to his right shoulder and went to the emergency room at Three Rivers Medical Center in Louisa, Ky., for treatment the following day.

Thacker claims the injury, which he suffered while unloading a truck, was diagnosed as a ligamentous sprain of the right shoulder.

Over the next few months, Thacker saw Dr. Stanley Tao at Scott Orthopedic Center for his shoulder on several occasions, according to the suit.

On Feb. 11, 2009, Thacker claims he was discharged from his employment with the defendant.

Thacker claims when his condition did not improve, Tao performed arthroscopic surgery on his should on June 26, 2009.

The defendant terminated Thacker's employment before his physician had returned him to work and while he was receiving temporary total disability benefits, according to the suit.

Thacker claims the defendant retaliated against him for filing a workers' compensation claim by terminating his employment.

Thacker and his wife, Margaret Thacker, are seeking compensatory and punitive damages with interest. They are being represented by J. Patrick L. Stephens.

The case has been assigned to Circuit Judge James H. Young.

Wayne Circuit Court case number: 10-C-215

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