CHARLESTON – A Kanawha County truck driver is suing his former employer claiming he was terminated after being injured on the job.
James Alex Subrick filed a lawsuit Sept. 28 in Kanawha Circuit Court against Central Transport LLC, claiming the company wrongfully terminated his employment while out on injured leave.
Subrick claims he was employed by the company as a truck driver when on Dec. 13, 2014, he injured his shoulder while on the job. Subrick claims he filed for workers' compensation for his work-related injury, sought medical attention, and was directed by his physician to not return to work until Dec. 30. Subrick alleges he was then contacted by his supervisor on Dec. 31, 2014, and told his employment at the company was terminated. Subrick claims this is a violation of Workers' Compensation Discrimination and in violation of the West Virginia Human Rights Act as he was 62 at the time.
Subrick alleges his termination inflicted severe emotional distress and is seeking compensation of punitive damages, pre-judgment and post-judgment interest, attorneys' fees and costs, and other such relief the court sees fit. Subrick is represented by Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline, & Campbell PLLC, of Morgantown. The case has been assigned to Circuit Judge Tod J. Kaufman.
Kanawha Circuit Court case number 15-C-1815