HUNTINGTON – A former employee is suing the American Red Cross after she claims her employment was wrongfully terminated.
Joey Anderson, a Human Resources Supervisor, was also named as a defendant in the suit.
Valerie Anderson began her employment with ARC on Sept. 22, 2004, and was initially hired as a phlebotomist, according to a complaint filed in Cabell Circuit Court.
Valerie Anderson claims she also worked as a Collection Technician II and performed
both job duties in an exemplary manner.
On April 23, 2013, she was at work placing materials on a cart when her foot got tangled and she lost her balance and fell to the concrete floor, severely injuring herself.
Valerie Anderson claims she filled out an incident report form at work and she stated that she hurt her neck, shoulder, legs, arms, right hand, pelvic area, lower and upper back and face. The defendants were aware that she was injured at work and they were supplied medical records.
As a result of her fall, she was forced to miss work and a workers’ compensation claim form was generated by her physician and completed by her employer, according to the suit.
Valerie Anderson claims on July 19, 2013,she was on a telephone conference call with Joey Anderson and Jennifer Mace of Sedgwick and during the conversation, Joey Anderson was advised that the plaintiff had a workers’ compensation claim and was attempting to get her workers’ compensation benefits.
Mace told Joey Anderson that Sedgwick denied the plaintiff’s claim and the plaintiff explained to Joey Anderson that she was under a doctor’s care for her injuries caused by the fall at work, according to the suit.
Valerie Anderson claims Mace advised her that if the MRI showed that there was a tear, that Sedgwick would pay for it and accept the claim, however, Sedgwick still refused to rule that the workers’ compensation claim was compensable even after the MRI revealed a rotator cuff tear in the right shoulder.
As a result of the plaintiff’s injuries, she was required to request time off from work and the defendants wrongfully terminated her employment, according to the suit.
Valerie Anderson claims her employment was wrongfully terminated on July 25, 2013, in violation of the West Virginia Human Rights Act.
Valerie Anderson is seeking compensatory and punitive damages. She is being represented by Dwight J. Staples of Henderson, Henderson & Staples LC.
The case is assigned to Circuit Judge Christopher D. Chiles.
Cabell Circuit Court case number: 15-C-781