Man says workers' comp claim led to firing

By Annie Cosby | May 28, 2014

CHARLESTON -- A Kanawha County man is suing over claims he was fired after applying for workers' compensation.

Jeremy R. McGhee filed a lawsuit May 14 in Kanawha Circuit Court against KBR Construction Company LLC, doing business as BE&K Construction Company LLC, and Kenneth Dabney, citing discrimination.

According to the complaint, McGhee was employed by the defendant when he sustained an injury to his arm March 22, 2013, and reported it March 25 to supervisors, including Dabney, who advised him not to accept prescription drugs during treatment so the injury would not be recordable.

McGhee says he accepted a prescription anyway and completed paperwork for workers' compensation, but a supervisor kept the medication on his desk in an attempt to conceal a recordable injury and sought a second doctor's opinion who upheld the first diagnosis.

According to the complaint, McGhee attempted to seek emergency care March 27, 2013, but was advised against it by management and was instead taken for medical treatment with a supervisor present.

McGhee says though the doctor took him off work, his supervisor merely placed him on modified duty until he was suspended April 4, 2013, and fired April 9, 2013.

The defendants are accused of violations of the West Virginia Human Rights Act, including discrimination, failure to accommodate and discrimination/retaliation.

McGhee is seeking lost pay and benefits.

He is being represented in the case by attorneys Todd S. Bailess and Joy B. Mega of Bailess Law PLLC. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court Case No. 14-C-888

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