CHARLESTON – A former employee is suing Midland Trail Energy for allegedly wrongfully terminating his employment.
Patriot Coal Corporation was also named as a defendant in the suit.
Roger A. Coleman was employed by the defendants for approximately 13 months at the Point Lick Campbell’s Creek CC #7 mine, according to a complaint filed Feb. 8 in Kanawha Circuit Court.
Coleman claims during his employment he consistently performed his job duties in a satisfactory manner and met the defendants’ reasonable expectations.
On Jan. 31, 2011, Coleman was injured while dragging mine curtain in the Point Lick Campbell’s Creek CC #7 mine while working as a coal miner and because of the injury, he applied for Workers’ Compensation benefits, according to the suit.
Coleman claims in order to avoid a Workers’ Compensation claim, the defendants denied the claim.
Despite his documented injury, Coleman continued to work through the pain until he sought medical treatment on March 11, 2011, when he was diagnosed with a right ankle Achilles tendon injury that caused his ankle bones to separate, according to the suit.
Coleman claims he was instructed by his physician on that date that he could not return to work as a coal miner.
On March 28, 2011, the defendants willfully, maliciously and unlawfully terminated Coleman’s employment for job abandonment, according to the suit.
Coleman claims the defendants terminated his employment when he could not perform work as a result of injuries he suffered as a result of his employment, which constitutes an intentional infliction of emotional distress.
As a result of the defendants’ actions, Coleman suffered lost wages and benefits; indignity; embarrassment; humiliation; and emotional distress, according to the suit.
Coleman is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Travis A. Griffith and Michael A. Olivio.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 13-C-265