Fayette Co. man says company violated Human Rights, Workers' Comp acts

CHARLESTON - A Fayette County man has filed a suit against a Kanawha County company, claiming the company violated the West Virginia Human Rights Act and the Workers' Compensation Act while he was employed there.

Jerry Allen Wiseman filed a suit Jan. 29 in Kanawha Circuit Court against Mountaineer Grading Company and Mickey Farmer.

According to the suit, Wiseman was hired in March 2007 by Mountaineer Grading to be a laborer and equipment operator. The following month, he was re-assigned as a full-time loader or bulldozer operator.

According to the suit, Wiseman suffered from low blood sugar, which was later diagnosed as diabetes. This caused him to tire easily and made it more difficult to concentrate. Wiseman claims he explained these things to his supervisor, Farmer.

In October 2007, Wiseman suffered a back injury on the job and went to the doctor. Because the injury happened while he was working, Wiseman filled out workers' compensation paperwork.

Wiseman returned to work on light duty, but was fired Nov. 5, 2007. He applied for, and received, unemployment.

In the five-count suit, Wiseman claims the company and his supervisors perceived he had a disability when he filed for workers' compensation benefits. He claims he was fired as retaliation for filing the claim.

Wiseman seeks back pay, front pay, compensatory damages and punitive damages.

Attorney Matthew S. Criswell is representing Wiseman. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 08-C-190