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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Employee accuses health care facility of wrongful termination

Wrongful term 02

WILLIAMSON — A Williamson care taker is suing a Mingo County home care facility, alleging disability discrimination.

Naomi Henson filed a complaint Feb. 7 in Mingo County Circuit Court against West Virginia's Choice Inc., alleging violation of the West Virginia Workers' Compensation Act.

According to the complaint, on Dec. 29, 2016, Henson was injured while assisting a West Virginia's Choice client. Seeking treatment for her injuries, the suit says, Henson filed for workers' compensation benefits, including temporary total disability. 

On Jan. 27, 2017, the lawsuit states, she was terminated from her employment. As a result, the suit says, Henson has suffered humiliation, lost wages and benefits. 

The plaintiff alleges West Virginia's Choice Inc. showed willful, wanton and reckless disregard for her rights by failing to engage in an interactive process to determine what accommodations she needed and by terminating her from her employment. 

Henson seeks trial by jury, compensatory and punitive damages, statutory costs, attorney fees, pre and post-judgment interest and all other just relief. She is represented by attorneys Nathan D. Brown and Joshua S. Ferrell of Ferrell and Brown, PLLC in Williamson.

Mingo County Circuit Court number 17-C-22

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