BECKLEY — A Raleigh County man is suing Kanawha County mining operators, alleging failure to provide reasonable accommodation and cutting off his benefits.
Thomas Arlan Elmore filed a lawsuit Oct. 20 in Raleigh Circuit Court against Panther Creek Mining LLC, Blackhawk Mining LLC and Tony R. Osborne, alleging violation of the West Virginia Human Rights Act.
According to the complaint, on Jan. 8, Elmore, who had worked at the mine since 2006, sustained work-related injuries while working at the American Eagle mine. The suit says Elmore subsequently sought medical treatment, appropriate accommodations and support for his disability. Thereafter, he began receiving workers' compensation benefits, the lawsuit states.
On April 1, the suit says he was terminated from from his employment and all his benefit programs ended April 30. The plaintiff alleges the defendants failed to provide reasonable accommodations, retaliated against him, terminated his employment and interfered with his rights to receive workers' compensation benefits.
Elmore seeks trial by jury, compensatory damages, reinstatement to his position, pre- and post-judgment interest, attorney fees, court costs and all other equitable and just relief. He is represented by attorney Samuel B. Petsonk of Mountain State Justice Inc. in Charleston.
Raleigh Circuit Court Case number 16-c-684