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WEST VIRGINIA RECORD

Monday, May 6, 2024

Man sues former employer for work injuries, wrongful termination

State Court

CHARLESTON — A man is suing his former employer for injuries and wrongful termination.

Bumper to Bumper LLC and Ahmad Alsaleh were named as defendants in the suit.

Patrick Michael Daniels Sr. was injured on April 27, 2022, when his employer negligently operated a customer's vehicle and hit him, knocking him into an oil change pit, according to a complaint filed in Kanawha Circuit Court.

Daniels claims he sought medical attention and was prescribed a back brace while he continued to perform his job duties.

Daniels claims when he requested the defendants to complete the necessary paperwork so that he could obtain his worker's compensation benefits, the defendant refused and told him it was his problem to deal with.

Several days later, Alsaleh terminated Daniels' employment based on his attempt to receive workers' compensation benefits, according to the suit. 

"Defendants' termination of Mr. Daniels was unlawful, based on his disability and/or perceived disability, and in retaliation for requesting an accommodation and filing for workers' compensation benefits," the complaint states. "Defendants to this day refuse to complete the necessary forms to initiate Mr. Daniels' worker's compensation claim."

Daniels claims the defendants' actions were willful, wanton and intentional and caused him severe damages and injuries.

As a direct and proximate result of the defendant's actions and/or inactions, Daniels has suffered and will continue to suffer damages, according to the suit.

Daniels claims he suffered a loss of dignity, embarrassment, humiliation, aggravation and emotional distress.

The defendants violated the West Virginia Worker's Compensation Act and the West Virginia Human Rights Act.

Daniels is seeking compensatory and punitive damages. He is represented by Robert P. Lorea of Lorea Law Office in Charleston and Rodney A. Smith and M. Alex Urban of Rod Smith Law in Charleston.

The case is assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 23-C-10

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