Injured worker claims Ryan's wouldn't hire him back

By Thomas Kallies | Mar 21, 2014

CHARLESTON -- A South Charleston business is being sued by a former employee claiming he was let go for improper reasons.

Anthony Booker is suing Ovation Brands Inc., doing business as Ryan's Restaurant Group LLC, in Kanawha Circuit Court. Booker was forced out of his job when he returned to work after taking time off to rehab a work related injury, according to his Feb. 13 filing.

Booker says he was working at the Ryan's at 103 R H L Blvd. in South Charleston when he was injured. He allegedly was lifting a bucket of water when he sprained his shoulder which forced him to miss work. Booker also apparently received workers' compensation for his injury.

According to Booker, his doctor cleared him to go back to work on light duty after a month, and he notified Ryan's of his availability. The management at Ryan's allegedly told Booker they didn't have any light duty work.

Approximately four months later, Booker was apparently cleared by doctor's to resume full duty work after about five months after his injury. When he returned to Ryan's he says he was told to fill out an application. Booker says Ryan's didn't hire him back in violation of West Virginia code.

Booker claims Ryan's actions amount to a violation of West Virginia's Workers' Compensation Act and Human Right's Act.

Booker is seeking an undisclosed amount in compensatory and punitve damages.

He is being represented by attorney Richard W. Walters of the law firm Shaffer and Shaffer PLLC. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court Case No. 14-C-309


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