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Thursday, November 21, 2024

Employee says company didn't have him on workers' compensation plan

Lawsuits
Insurance 04

PINEVILLE — An employee is suing a logging and trucking company, citing alleged violation of workers' compensation acts.

Michael Byrd filed a complaint Nov. 21 in Wyoming Circuit Court against Jason Kinser d/b/a Kinser Clearing and Grading, LLC, J&L Trucking, LLC,  Advantage Timberland, Inc. and Courtney R. Morgan alleging that they breached their duty to verify that each employee under their supervision was covered by a valid workers' compensation plan or private insurance plan to protect them in the event of injury or loss of life.

According to the complaint, on Feb. 2, 2018, Byrd suffered serious injuries in course of his employment with the defendants. His injuries were so extensive that he was required to undergo at least three surgeries and was medically unable to return to any kind of gainful employment. 

Byrd claims the defendants asserted that they would "take care" of him and his family as long as he did not file a workers' compensation claim. However, after the promise, the defendants allegedly ceased to communicate with Byrd or anyone on his behalf, and he soon found out that he was not added to the employers' workers' compensation policy. 

The plaintiff holds the defendants responsible because they allegedly failed to add him to their workers' compensation policy as required by law.

The plaintiff requests a trial by jury and seeks judgment for compensation damages and such other further relief as may be deemed appropriate. He is represented by David G. Thompson of David G. Thompson, Attorney at Law in Pineville.

Wyoming Circuit Court Case number 18-C-128

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