West Virginia Record

Tuesday, July 16, 2019

Miner alleges CONSOL terminated him because of spot found on X-ray

Lawsuits

By Carrie Bradon | May 8, 2019


WHEELING – An Ohio County man alleges that he was terminated from his job as an underground coal miner because he had a spot on his lung and could not pay for the tests his employer required to return to his job.

Ronald G. Warble II filed a complaint in Ohio Circuit Court against CONSOL Pennsylvania Coal Co. LLC citing the West Virginia Human Rights Act.

The suit states that the plaintiff began his employment with the defendant in February 2017 and worked at the Dry Ridge Portal of the Bailey Mine. The suit states the same month as he was hired, he was sent for a physical.

The suit states that the plaintiff had completed his training when on March 4, 2017, he was called into a meeting with the defendant's human resources coordinator. The plaintiff allegedly was told that an X-ray taken at his physical showed a small spot on his lung and he was advised to consult his family physician. The suit states he was not allowed to return to work until he was cleared by his physician.

The plaintiff alleges was cleared by his physician but the defendant told him he could not return to work until he underwent at CT scan at his own expense. He alleges he informed the defendant he could not afford to pay for it and was told by the defendant on March 8, 2017, that he no longer had a job.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Jane E. Peak of Allan N. Carlin & Associates PLLC in Morgantown.

The case has been assigned to Judge Michael J. Olejasz.

Ohio Circuit Court case number 19-C-88

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