Man sues former employer for work-related injury

By Kyla Asbury | Oct 29, 2009

CHARLESTON -— A man is suing his former employer and another company after a work-related injury.

CHARLESTON -— A man is suing his former employer and another company after a work-related injury.

Clarence Ray Maynard worked for Logan-Mingo Contractors, Inc. for about 10 years. The company had a business relationship with Spartan Mining Company, according to a complaint filed in Kanawha Circuit Court on Oct. 13.

On Oct. 12, 2007 Maynard, Russell Deskins, Clarence Ray Maynard Sr. and a group of four to six men met before a regularly scheduled shift, at which time Clarence Ray Maynard Sr. informed them neither he nor Deskins would be at the reclamation job at the mine that day, according to the suit.

Maynard claims this meant there would not be a mine foreman present at the job site that day, which is a violation of state and federal mining safety regulations. There was also a roadway on a 130-foot highwall that was approximately 15 feet wide that did not have a berm, which is another violation of federal mine regulations.

The mining company allegedly was aware of both violations, according to the suit.

Maynard claims he began clearing trees and debris from the area when the Hitachi 450 Excavator he was using, which was 12 feet wide, slid on loose material and went over the highwall ledge.

Maynard was hospitalized for several weeks and underwent several surgeries, according to the suit. He also suffers from chronic pain, anxiety, and depression and has developed a secondary addiction to pain medications. He claims he is permanently and totally disabled because of the injury.

Maynard claims he filed a workers' compensation claim for the injury and Brickstreet Mutual Insurance Company approved the claim, authorized medical treatment and the payment of monetary benefits.

After the incident, the Mine Safety and Health Administration investigated the accident and issued several citations against Logan-Mingo Contractors, Inc. and the mining company, including ones for failure to have a certified mine foreman at the mine during work, failure to maintain adequate supply of first aid equipment, the dozer operator not being properly certified and failure to provide emergency communications, according to the suit.

Maynard is suing for compensatory damages for premises liability and negligence and deliberate intention. Timothy P. Rosinsky from Rosinsky Law Office and Michael Paesani are representing him.

The case has been assigned to Circuit Judge Irene C. Berger.

Kanawha Circuit Court case number: 09-C-1911

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