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WEST VIRGINIA RECORD

Wednesday, April 24, 2024

Elliott Construction accused of firing man who sought worker's compensation benefits

Lawsuits
Wrongful term 09

LOGAN – A construction worker alleges his Logan County employer terminated him because he sought workers' compensation benefits for a work-related injury.

Nathan Brewer filed a complaint in Logan Circuit Court against Davis H. Elliott Construction Co. Inc., alleging violation of the Worker's Compensation Discriminatory Practices Act.

The suit states the plaintiff was injured while working for the defendant on Oct. 30, 2018, and notified his supervisor and requested a workers' compensation report. The suit claims he was taken to a medical facility on Nov. 1, 2018, and was placed on modified duty for the occupational injury. The plaintiff alleges his supervisor was with him at the appointment and knew of the diagnosis and referral of the plaintiff to an ortho physician. 

The plaintiff alleges he was later terminated because he sought workers' compensation benefits.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs and trial by jury. The plaintiff is represented by Steven Wolfe of Wolfe, White & Associates of Logan.

The case has been assigned to Judge Eric O'Briant.

Logan Circuit Court case number 2019-C-31

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