Man says workers' comp claim led to firing

By Kelly Holleran | Sep 24, 2014

CHARLESTON – Maxum Petroleum Products is named as a defendant in a complaint in which a man alleges he lost his job after filing for workers' compensation benefits.

Mark A. Thompson filed a lawsuit Aug 14 in Kanawha Circuit Court against Maxum Petroleum Products, based in Greenwich, Conn.

In his complaint, Thompson alleges he was working for Maxum for about four years before he suffered a work-related injury and filed for workers' compensation on July 30, 2012.

Thompson's claim was denied Aug. 3, 2012, according to the complaint. In turn, he returned to work, even though he was in pain, because he needed to support himself and his child, the suit states.

He continued to suffer from pain and sought medical treatment Aug. 15 or 16, 2012, the complaint says. In September 2012, he returned to work.

On Oct. 8, 2012, Thompson alleges he was terminated from his job for an alleged failure to produce records. Thompson contends the records, however, were not easily obtained and were irrelevant after his return to work.

Instead, Maxum fired Thompson because it refused to accommodate his disability and because he filed for workers' compensation, Thompson alleges.

Due to his job loss, Thompson suffered emotional distress and harm, the suit states.

In his complaint, Thompson seeks an unspecified judgment, plus pre- and post-judgment interest, attorney fees, costs and other relief the court deems just.

D. Adrian Hoosier of The Hoosier Law Firm in Logan will represent him.

Kanawha Circuit Court case number 14-c-1463

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