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Boone man claims he was fired for filing workers' comp claim

WEST VIRGINIA RECORD

Friday, November 22, 2024

Boone man claims he was fired for filing workers' comp claim

Workerscomp

MADISON -- A Boone County man is suing over claims he was fired in retaliation for filing for workers' compensation.

Bobby L. Dixon II filed a lawsuit in Boone Circuit Court against Gateway Eagle Coal Company LLC and Greg Dotson, citing wrongful firing.

According to the complaint, Dixon was operating a continuous miner for Gateway Eagle Coal Company on Dec. 2, when his knee was injured and he received workers' compensation.

Dixon says when he returned to work on Feb. 24, Gateway Eagle's operations manager, Dotson, accused the plaintiff of being at fault in the accident, suspended him and ultimately terminated his employment.

The defendants are accused of wrongful firing, failure to reasonably accommodate disability and discriminatory discharge for filing workers' compensation claim.

Dixon is seeking damages and reinstatement.

He is being represented in the case by attorneys Lonnie C. Simmons and Robert M. Bastress III of DiTrapano, Barrett, DiPiero, McGinley & Simmons PLLC. The case has been assigned to Circuit Judge William S. Thompson.

Boone Circuit Court Case No. 14-C-86

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