Coal miner alleges Cottingham & Butler Claims Services wrongfully suspended benefits

By Carrie Bradon | Apr 1, 2019

WELCH – A McDowell County man employed as an underground coal miner alleges his workers' compensation benefits were wrongfully suspended.

Carl Ausborne filed a complaint in McDowell Circuit Court against Cottingham & Butler Claims Services Inc.

According to the complaint, the plaintiff sustained a work-related right thigh varicose vein injury while working for MC Enterprises in September 2015 and filed a workers' compensation claim, which was approved.

The suit states in July 2016, the defendant became the third-party claims administrator for the plaintiff's employer and it suspended temporary total disability benefits on the plaintiff's claim. The plaintiff alleges his benefits are rightfully due and owed to him and that the defendant engaged in a fraudulent scheme to deny him his benefits.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Jerome J. McFadden of the Law Offices of Jerome McFadden in Princeton.

The defendant removed the suit to U.S. District Court for the Southern District of West Virginia at Bluefield.

U.S. District Court for the Southern District of West Virginia case number 1:19-CV-00116

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McDowell Circuit Court U.S. District Court for the Southern District of West Virginia Bluefield Division

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