West Virginia Record

Monday, December 9, 2019

Woman files suit Sentry Insurance, employer over disability benefits, termination

By Louie Torres | Jan 9, 2018

Wrongful term 14

PHILIPPI – A Belington woman has filed suit against her employer and insurance company after she was terminated after being falsely accused of workers' compensation fraud.

Cristal Miller filed a complaint in Barbour Circuit Court against Barbour County Good Samaritan Center, Oodayyun Dion Wagoner and Sentry Insurance Co. citing West Virginia code.

According to the complaint, the plaintiff was employed as a certified nursing assistant at the Barbour County Good Samaritan Center when she injured her back in July 2016 while assisting a resident. The suit states she reported the injury and received total disability benefits from Sentry. 

She alleges she was still off work in October 2016 when private investigator hired by Sentry observed her helping her brother at his tavern on a volunteer basis, but Sentry fraudulently determined she was employed and engaged in workers' compensation fraud. The suit states she was terminated from her job that month.

The plaintiff holds Barbour County Good Samaritan Center, Wagoner and Sentry Insurance Co. responsible because Barbour County Good Samaritan Center's termination of her employment was unlawful and that Sentry aided and abetted its conduct.

The plaintiff requests a trial by jury and seeks compensatory damages, back pay, front pay, court costs and any further relief the court grants. She is represented by Patrick S. Cassidy and William C. Gallagher of Cassidy, Cogan, Shapell & Voegelin LC in Wheeling. The case has been assigned to Circuit Judge Alan D. Moats.

Barbour Circuit Court Case number 17-C-56

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Organizations in this Story

Barbour Circuit Court