BECKLEY – A Raleigh County man says he was forced to resign
from the Mabscott Police Department after trying to file a workers' compensation
claim for an injury he suffered during training.
Thomas E. Stalnaker filed a lawsuit May 17 in Raleigh Circuit
Court against Mabscott Police Department, the town of Mabscott and Wayne Houck,
individually and as mayor and chief of police of Mabscott, alleging personal
injury liability and constructive/retaliatory discharge.
According to the complaint, after Stalnaker suffered a right
knee sprain during training to become an officer, the Mabscott Police
Department initially refused to turn in a workers' compensation claim for him.
In fact, Stalnaker says he faced a hostile work environment as a result of the
injury claim and was forced to resign. Although the department eventually filed
a claim on his behalf, their carrier, Travelers Insurance, rejected it because
more than six months had passed since the injury occurred, the suit says.
Stalnaker seeks a jury trial, compensation for medical costs
and lost wages, interest, and litigation costs. He is represented by attorneys
Michael A. Olivio and Stephanie H.D. Mullett of the Olivio Law Firm PLLC in
Judge John A. Hutchison is assigned to the case.
Raleigh Circuit Court Case number 16-C-308