By KYLA ASBURY
WILLIAMSON – A Mingo County man is suing Hampden Coal LLC after he claims he was injured on the job and was wrongfully terminated.
Clyde Marcum was employed by Hampden as an underground mine foreman at its Mine Number Eight located in Gilbert, in November, according to a complaint filed May 19 in Mingo Circuit Court.
Marcum, who is 60 years old and has 37 years of mining experience, had worked at the same mining complex for various operators since December 2000 and was an exemplary employee who received no written or verbal warnings.
On March 23, during the course of his employment, Marcum injured his knee, back and shoulder lifting an underground pump, according to the suit, and reported to Dennis Roberts, the mine's superintendent, stating that he was injured and needed to fill out an accident report.
Marcum claims later that day he informed the mine's president, J.J. Pinson, that he was injured and intended to seek medical treatment.
After his conversation with Pinson, Marcum was informed via letter that his employment was terminated "due to an excess of qualified employees" and "lack of available work" with the defendant, according to the suit.
Marcum claims two days later, with disregard of the termination letter he was sent, Hampden employed a much younger individual with much less mining experience as mine foreman.
The plaintiff's injury was deemed compensable under the West Virginia Workers' Compensation Act and Marcum is still receiving workers' compensation benefits as a result of the injury, according to the suit.
Marcum claims the defendant's actions caused him physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; and annoyance, inconvenience, embarrassment and humiliation.
The defendant violated West Virginia code and the West Virginia Human Rights Act by discriminating against Marcum, according to the suit.
Marcum claims he was retaliated against and his employment was wrongfully terminated.
Marcum is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Nathan D. Brown and Joshua S. Ferrell of Ferrell & Brown PLLC.
The case is assigned to Circuit Judge Miki J. Thompson.
Mingo Circuit Court case number: 15-C-107