St. Mary’s Medical Center accused of wrongfully terminating employment

HUNTINGTON – A former employee is suing St. Mary’s Medical Center for allegedly wrongfully terminating her employment and discriminating against her because of an injury she sustained during her employment.

On March 5, 2011, Jessica L. Moore suffered an on-the-job injury and treated herself for approximately four weeks before seeing an occupational doctor, according to a complaint filed Jan. 10 in Cabell Circuit Court.

Moore claims the occupational doctor diagnosed her with impingement syndrome of the left shoulder and as a result, she could no longer lift heavy objects and was placed on light duty.

As a result of the accident, Moore filed a workers’ compensation claim and her claim was ruled compensable, according to the suit.

Moore claims in a letter dated Nov. 23, 2011, Nursing Administrator Libby Bosley informed her she was laid off, but in effect, her employment was terminated and that she would not be permitted to return to work unless she was able to perform her duties without any medical restrictions.

The defendant violated the West Virginia Human Rights Act by discriminating against Moore by firing her based upon the physical limitations she had after suffering an on-the-job injury, according to the suit.

Moore claims she has suffered lost wages; annoyance and inconvenience; embarrassment; humiliation; and emotional distress.

St. Mary’s violated the West Virginia Human Rights Act by discriminating and terminating Moore based on her disability and failing to reinstate her to her former position, despite the fact that she was able to perform many of the functions of the job, according to the suit.

Moore is seeking compensatory and punitive damages. She is being represented by Lonnie C. Simmons, Robert M. Bastress III and Olubunmi T. Kusimo-Frazier.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-23

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