CHARLESTON -- A former employee is suing Superior Carriers after he claims his employment was wrongfully terminated while he was on temporary total disability.

On Dec. 28, 2008, David Kelly was injured in an accident arising during the course of his employment with the defendant, according to a complaint filed May 18 in Kanawha Circuit Court.

Kelly claims he applied for and received worker's compensation benefits, including temporary total disability benefits during the period he was receiving treatment and recuperating from his injuries.

On June 17, 2009, while Kelly was off work and receiving temporary total disability benefits, he received notification from his employer that since he had been off work for a period of six months, his employment was being terminated, according to the suit.

Kelly claims the defendant's actions in terminating his employment while he was off work due to an injury and receiving temporary total disability benefits constituted a violation of the West Virginia Workers' Compensation Act.

The defendant's actions were illegal, wrongful and done with actual malice toward Kelly, according to the suit.

Kelly is seeking compensatory and punitive damages with interest. He is being represented by Larry O. Ford.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 11-C-810

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