West Virginia Record

Sunday, March 29, 2020

Amerigas Propane accused of firing employee who filed worker's compensation claim


By Carrie Bradon | May 6, 2019

Wrongful term 02

CHARLESTON — A delivery man is suing his former employer, alleging he was terminated after being injured on the job and planning to file for worker's compensation.

David M. Brown filed a complaint in Kanawha Circuit Court against Amerigas Propane Inc. 

The suit states the plaintiff began working for the defendant in May 2006 as a delivery representative. The plaintiff had surgery in October 2016 for a knee injury he states was related to his work. On Aug. 14, 2017, the plaintiff reported having another work-related injury. The plaintiff claimed he was injured to the extent that he had to be sent to the emergency room, where he was diagnosed with a concussion. The plaintiff says he made it clear to his employer on Aug. 16, 2017, that he was planning to file for worker's compensation, and was told not to come back to work. The plaintiff filed his claim for worker's compensation on Aug. 16, 2017 and was terminated on Aug. 21, 2017.

The defendant is accused of violation of the West Virginia Workers' Compensation Act, disability discrimination, and failure to accommodate.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Rodney Smith of Bailess Smith PLLC in Charleston.

The case has been assigned to Judge Carrie Webster.

Kanawha Circuit Court case number 19-C-275

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Kanawha Circuit Court