Woman says she lost job after filing for workers' comp

By Annie Cosby | Oct 9, 2014

BECKLEY – A Raleigh County woman is suing over claims her employment was terminated due to her workers' compensation claim.

Susan Gaye Mays filed a lawsuit Aug. 26 in Raleigh Circuit Court against Central West Virginia Aging Services Inc., citing wrongful discharge.

According to the complaint, Mays was transporting a patient in her capacity as a certified nursing assistant for the defendant on Feb. 2, 2013, when she was involved in a collision and sustained injuries to her back, hip, neck and left arm.

Mays says she received workers' compensation and during her medical leave of absence, she was harassed by the defendant about the extent of her injuries and the company attempted to coerce her physician into releasing her to return to work.

The complaint states Mays' physician authorized her to return to work on July 22, 2013, but when she informed the defendant, they told her failure to report to work by June 19, 2013, would be considered job abandonment, effectively terminating her employment while she was receiving workers' compensation.

The defendant is accused of wrongful discharge, workers' compensation discrimination and disability discrimination.

Mays is seeking damages, back pay and benefits, attorneys' fees and reinstatement or front pay. She is being represented in the case by attorneys Matthew H. Nelson and Stephen B. Farmer of Farmer, Cline and Campbell in Morgantown. The case has been assigned to Circuit Judge H. L. Kirkpatrick III.

Raleigh County Circuit Court case number: 14-C-841

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