West Virginia Record

Tuesday, July 23, 2019

Man alleges age, workers' compensation claim factors in discharge from Rockwell Mining


By Carrie Bradon | Apr 25, 2019

PINEVILLE – A 74-year-old Seth man alleges he was discharged from employment with a mine because of his age and perceived disability.

Virgil Weikle filed a complaint March 15 in Wyoming Circuit Court against Rockwell Mining LLC and Robert Harrison alleging tortious interference, age discrimination and other counts.

The suit states that the plaintiff was employed by Strata Products Worldwide on March 18, 2017, at a Rockwell mine in Wyoming County. The suit states the plaintiff was riding a cart in a section of the mine when it pitched to the left and the seat the plaintiff was sitting on came off of it, throwing him from the cart. The suit states the seat was not bolted down and the plaintiff sustained injuries to his left knee and shoulder.

The suit states the plaintiff filed for workers' compensation and was not released to return to work until April or May 2018. The plaintiff alleges he was informed by Strata there was no longer any work for him, but he was later informed by Rockwell through Harrison that Rockwell no longer wanted him on the property.

The plaintiff alleges his age, perceived disability and his workers' compensation claim were factors in his discharge.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Brian L. Ooten of Shaffer & Shaffer PLLC in Madison.

The case has been assigned to Judge Warren McGraw.

Wyoming Circuit Court Case number 19-C-25

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