Truck driver alleges Bottling Group terminated him after suffering injury while working

By Philip Gonzales | Dec 12, 2017

LOGAN – A Mount Gay resident alleges his Logan County employer terminated him after he suffered a back injury while on the job.

LOGAN – A Mount Gay resident alleges his Logan County employer terminated him after he suffered a back injury while on the job.

Ernest Marcum filed a complaint Nov. 2 in Logan Circuit Court against Bottling Group LLC and Brian Johnson alleging that they violated the West Virginia Human Rights Act and the West Virginia Workers' Compensation Act.

According to the complaint, the plaintiff began his employment with the defendants as a truck driver in July 2017 at its Logan terminal. The suit states while delivering and stocking Pepsi at a convenience store in Man in August, he injured his back and informed Johnson, his supervisor. He alleges he was placed on light duty because of the injury and harassed by co-workers because of the injury as well. The suit states he was terminated on Oct. 5.

The plaintiff holds Bottling Group LLC and Johnson responsible because the defendants allegedly failed to provide reasonable accommodation and terminated him because of his disability.

The plaintiff requests a trial by jury and lost wages and benefits, interest and all other remedies available under the law. He is represented by Michael P. Addair, Todd S. Bailess and Rodney Smith of Bailess Smith PLLC in Charleston. The case has been assigned to Circuit Judge Joshua Butcher.

Logan Circuit Court case number 17-C-301

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