Beckley man says he was fired over back injury

By Justin Anderson | May 20, 2009

CHARLESTON – A Beckley man claims he was fired the day after injuring his back on the job.

Kenneth A. Chapman filed a lawsuit May 4 in Kanawha Circuit Court against Con-Way Freight and S. Daniel Harmon, his supervisor.

Chapman claims he was hired by Con-Way in 2003 as a driver and sales representative.

On April 13, Chapman says, he suffered a back injury on the job, which he claims was determined to be a compensable injury with the company's workers' compensation insurer.

But Chapman says Harmon -– Con-Way's Belle terminal supervisor -– fired him on April 14 despite the fact that Harmon and other managers knew he had been injured the day before.

Chapman is seeking compensatory and punitive damages, including reinstatement to an equivalent job within the company.

Gene W. Bailey is representing the plaintiff. The case is before Kanawha Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 09-C-805

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