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Man wants employer to pay for hernia

WEST VIRGINIA RECORD

Monday, December 23, 2024

Man wants employer to pay for hernia

Carter

WINFIELD - A man is suing his employer after he allegedly suffered a hernia while being required to lift a heavy object.

Justin David Myers filed a lawsuit Nov. 15 in the Circuit Court of Putnam County against Environmental Construction Inc., citing deliberate intention.

The complaint states Myers was employed by Environmental Construction as a laborer installing pond liners for industrial customers. Myers says that on Nov. 18, 2011, the defendant caused an unsafe working condition to exist at its jobsite.

Specifically, the defendant required Myers and other employees, without proper training, to manually lift Z-bars, large metal retaining devices weighing several hundred pounds used to secure rolls of pond liner, in awkward positions, exposing the employees to a risk of serious injury, the lawsuit says.

Myers says as he was attempting to lift a Z-bar with his co-worker, he felt a rip in his groin area and immediately began experiencing pain. According to the complaint, Myers sought medical care and was diagnosed with an inguinal hernia as a result of being required to lift the heavy weight.

Myers is seeking damages in excess of the jurisdictional limit. He is being represented in the case by attorneys D. Blake Carter Jr. of Bucci, Bailey & Javins LLC and Tony L. O'Dell of Tiano O'Dell PLLC.

Putnam County Circuit Court Civil Action No. 13-C-374

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