BLUEFIELD – A federal judge has dismissed a lawsuit filed against Princeton Community Hospital and others that alleged health care providers kept a woman from receiving workers' compensation benefits.
The judgment order dismissing the case was filed in the U.S. District Court for the Southern District of West Virginia by District Judge David A. Faber. U.S. Magistrate Judge Omar J. Aboulhosn had previously filed a proposed findings and recommendation with the court on July 31, 2017. Aboulhosn recommended dismissal of the complaint for failure to properly serve the defendants and for failure to sufficiently plead supporting facts or provide plausible allegations of misconduct.
Etheloma Renee Perkins filed the lawsuit against Princeton Community Hospital, Behavioral Health Pavillion, Dr. Kerry Musick, Anita Waid, Dr. Jeffry T. Gee and Jenny Stultz on July 28, 2016.
Perkins was employed by DISH Network for more than seven years and after some issues occurred, including discrimination and work stress, she became suicidal and reported to Princeton and BHP on March 27, 2015, where she was admitted and came under the care of Waid.
Perkins was released after seven days of treatment with diagnoses of hypertension and diabetes, according to the suit.
Upon admission the BHP, Perkins had been required to complete an OIC-WC1 for workers’ compensation and, a few days later, Stultz asked her to fill out the form again, stating that the first one had to be torn up because Musick needed to be the one to sign the form since Waid would not be working there much longer.
Perkins claimed she filled out the form again and, while doing so, Stultz made the comment of, “so you’re going to sue your employer?”and Perkins was quite confused by the comment.
Later, when the plaintiff read her discharge summary and the OIC-WC1, she was shocked because they had false and misleading assertions on them, according to the suit.
Perkins claims because of the falsities, her attempts at workers’ compensation benefits was denied.
The defendants actions were cruel and unusual punishment, according to the suit.
Perkins was seeking $1 million in damages. She was representing herself.
U.S. District Court for the Southern District of West Virginia case number: 1:16-cv-06736