CHARLESTON - A lawsuit filed against Superior Carriers for wrongful termination was settled and dismissed in 2011.
On Aug. 3, 2011, a Dismissal Order was filed in Kanawha Circuit Court.
"The Court having been advised that all matters in controversy in this action have been resolved, it is ordered that this case be dismissed with prejudice as to all claims," the dismissal order states.
On Dec. 28, 2008, David Kelly was injured in an accident arising during the course of his employment with the defendant, according to a complaint filed May 18, 2011, in Kanawha Circuit Court.
Kelly claimed he applied for and received worker’s compensation benefits, including temporary total disability benefits during the period he was receiving treatment and recuperating from his injuries.
On June 17, 2009, while Kelly was off work and receiving temporary total disability benefits, he received notification from his employer that since he had been off work for a period of six months, his employment was being terminated, according to the suit.
Kelly claimed the defendant’s actions in terminating his employment while he was off work due to an injury and receiving temporary total disability benefits constituted a violation of the West Virginia Workers’ Compensation Act.
The defendant’s actions were illegal, wrongful and done with actual malice toward Kelly, according to the suit.
Kelly was seeking compensatory and punitive damages with interest. He was represented by Larry O. Ford of Meyer, Ford, Glasser & Radman.
The case was assigned to Circuit Judge Paul Zakaib Jr.
Kanawha Circuit Court case number: 11-C-810