CHARLESTON – A Roane County woman formerly employed as a certified nursing assistant alleges an Ivydale company failed to accommodate her after she was injured while working.

Lidia Surface filed a complaint Oct. 12 in U.S. District Court for the Southern District of West Virginia, Charleston Division against Clay Health Care Center LLC alleging violation of the West Virginia Human Rights Act and The Family and Medical Leave Act.

According to the complaint, the plaintiff was hired by the defendant in 2011 and that in 2016, injured her shoulder at work. The suit states she provided a doctor's note to the defendant requiring light duty restrictions but that the defendant failed to accommodate her. She was terminated on Aug. 19, 2016, the suit states.

The plaintiff holds Clay Health Care Center LLC responsible because the defendant allegedly failed to provide reasonable accommodation, failed to provide the required individual notice of her FMLA rights and terminated her shortly after she suffered an injury that required continuing treatment.

The plaintiff requests a trial by jury and seeks general, compensatory and punitive damages, pre- and post-judgment interest, attorney fees, costs and such other fair and proper relief. She is represented by Hoyt Glazer of Law Office of Hoyt Glazer PLLC in Huntington.

U.S. District Court for the Southern District of West Virginia Charleston Division case number 2:17-cv-04153

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