CHARLESTON – A former warehouse worker for three Kanawha County businesses alleges that he was not reinstated after an on-the-job injury because he filed for workers' compensation benefits.
Jonathan M. Davis filed a complaint in Kanawha Circuit Court against US Foods Inc., et al. alleging that they violated the West Virginia Workers' Compensation Act and the state's Human Rights Act.
According to the complaint, the plaintiff was employed by the defendants from July 2013 to December 2016. He alleges in 2013, 2015 and 2016, he was injured three times while working and filed a claim through the West Virginia Workers' Compensation. He alleges when he was released to work full duty in February 2017, the defendants failed to reinstate him and he was not rehired when he applied for his former position.
The plaintiff holds US Foods Inc., et al. responsible because the defendants allegedly retaliated against him because he received or attempted to receive workers' compensation benefits.
The plaintiff requests a trial by jury and seeks all damages and legal fees, costs and expenses and all issues triable by jury. He is represented by Rodney A. Smith, Todd S. Bailess and Jeffrey A. Foster of Bailess Smith PLLC in Charleston.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number 18-C-711