CHARLESTON – A man is suing Southern Coal Corporation for wrongfully terminating his employment due to a work-related injury and workers' compensation claim.
Joshua Glenn Maynard was employed by Southern Coal and on July 13, 2013, he injured his back and shoulder while engaged in his employment, according to a complaint filed in Logan Circuit Court and removed to federal court.
Maynard claims he filed a workers' compensation claim for his work-related injuries and from that day until January 2014, he was under the care of a physician for the treatment of his injuries and, as part of that care, he was instructed to remain out of work.
On Jan. 2, 2014, Maynard's treating physician released him to return to work and, upon his return, he was fired by the defendant, according to the suit.
Maynard claims he was wrongfully discharged and was discriminated against for filing a workers' compensation claim.
The defendants also discriminated against Maynard for his disability, which violated the West Virginia Human Rights Act, according to the suit.
Maynard is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline & Campbell PLLC.
Southern Coal is represented by John F. Hussell IV, Andrew L. Ellis and John D. Wooton Jr. of Wooton, Wooton, Davis, Hussell & Ellis PLLC.
The case is assigned to District Judge Thomas E. Johnston.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-13031