Workers' Comp sues two businesses for defaulting on payments

CHARLESTON – The state Workers' Compensation Commission has sued two businesses for nearly $37,000 in Kanawha Circuit Court for defaulting on payments.

In separate lawsuits, the state says Bartlett Concrete Inc. and Cherokee Drilling Company both have, on numerous times, failed to file gross payroll reports, to pay quarterly premiums, to maintain adequate premium tax deposits, to pay penalties for late filings of gross payroll reports and to pay accrued interest.

One of the suits claims Spencer-based Bartlett Concrete and president Eddie L. Johnson owe the Workers' Compensation Commission at least $14,434.61.

An affidavit by Workers' Comp credit analyst Christina Dolin claims Bartlett didn't file gross payroll reports three times, didn't pay quarterly premiums seven times, didn't maintain adequate premium tax deposits nine times, didn't pay penalties for late filings of gross payroll reports nine times and hasn't paid interest which has accrued. It also says the company was give notice of its default status and the potential consequences nine times.

The other suit claims Charleston-based Cherokee Drilling and owner Martin Twist owes the commission at least $22,247.86.

An affidavit by Workers' Comp credit analyst Nancy Lepp claims Cherokee didn't file gross payroll reports nine times, didn't pay quarterly premiums four times, didn't maintain adequate premium tax deposits four times, didn't pay penalties for late filings of gross payroll reports four times and hasn't paid interest which has accrued.

The suits seek the companies from doing business in West Virginia until all wages are reported and all amounts owed are paid. The suits also seek to keep the defendants fro transferring, encumbering, destroying, wasting or concealing property until wages are reported and amounts paid.

In addition to the money owed by both companies, the suits seek court costs and fees and reasonable attorney fees not to exceed 20 percent of the balance shown to be due on the day of the hearings.

The Bartlett case has been assigned to Circuit Judge Jennifer Bailey Walker, while Circuit Judge Irene Berger has been assigned the Cherokee case.

Kanawha Circuit Court case numbers: 05-C-2668 (Bartlett) and 05-C-2669 (Cherokee)