West Virginia Record

Sunday, July 21, 2019

Miner claims amputation injury resulted from having insufficient training for task he was assigned


By Carrie Bradon | May 10, 2019

PINEVILLE — A miner is suing his employer, alleging he was put to work without the proper training, which resulted in him being seriously injured.

Cody Ray Viars filed a complaint in Wyoming Circuit Court against Powell Construction Company LLC; Spartan Mining Co. LLC, dba Mammoth Coal Co.; Maxxim Shared Services LLC; and Alpha Natural Resources Services LLC

The suit states the plaintiff was hired in 2017 and had no previous mining experienced. The plaintiff was assigned the task of using a cutting torch and disassembling stacked pieces of mine conveyor, but never received the mandatory training for this work. On April 26, 2017, the plaintiff was working and at this point when he had less than three weeks of work experience. The plaintiff was caused injury when he was told to disassemble a support column, causing the unsupported structure to collapse and fall on his right leg, which had to be amputated.

The defendant is accused of negligence.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by D. Blake Carter Jr. of Bailey, Javins & Carter LC in Charleston.

Wyoming Circuit Court case number 19-C-32

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