MARLINTON — A Pocahontas County woman says her former employer fired her after she was injured on the job and began receiving workers' compensation benefits.
Tina Dowdy filed a lawsuit Feb. 18 in Pocahontas Circuit Court against Genesis Healthcare LLC and Jud Worth, alleging disability discrimination and violations of the Workers Compensation Act.
According to the complaint, while working as a certified nursing assistant for Genesis Healthcare’s residential treatment facility in Pocahontas, Dowdy suffered an injury on July 5, 2013, while trying to prevent a resident from falling. The suit says Dowdy filed a workers' compensation claim and began receiving disability benefits, but received a letter from Worth on Dec. 12, 2013, announcing her termination.
Although Dowdy says she underwent corrective surgery in February 2014 and was released to work with light-duty restrictions, she claims Genesis never contacted her for reinstatement.
Dowdy seeks a jury trial and compensatory and punitive damages including lost wages and benefits, emotional distress, interest, and litigation costs. She is represented by attorney Richard W. Walters of Shaffer & Shaffer PLLC in Charleston.
Judge Robert E. Richardson is assigned to the case.
Pocahontas Circuit Court Case number 16-C-04
