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Mechanic accuses Dow, Union Carbide, others of negligence, discrimination

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CHARLESTON — An Ohio mechanic is suing joint venture partners, alleging negligence and discrimination.

Donald G. Dalton of Ironton, Ohio, filed a complaint May 3 in Kanawha Circuit Court against Dow Chemical Co., Union Carbide Corp., et al, alleging they violated the West Virginia Workers' Compensation Act and the West Virginia Human Rights Act.

According to the complaint, on May 4, 2016, Dalton sustained severe injuries to his ribs and head while working for the defendants as an A mechanic at a chemical plant. Subsequently, the suit says, he was placed on a workers' compensation leave by his physician. On July 29, 2016, the suit alleges, Dalton was terminated from his employment. 

The plaintiff alleges the defendants failed to provide a reasonably safe place to work, failed to provide reasonable accommodation and terminated Dalton's employment because of his age (59) and disabilities.

Dalton seeks trial by jury, compensatory and punitive damages, plus interest attorney fees, costs and all further just relief. He is represented by attorneys Brian L Ooten and Richard W. Walters of Shaffer & Shaffer PLLC in Madison.

Kanawha Circuit Court case number 18-C-611

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