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Woman claims she was denied accommodations, constructively discharged by HealthSmart due to disability

WEST VIRGINIA RECORD

Thursday, November 21, 2024

Woman claims she was denied accommodations, constructively discharged by HealthSmart due to disability

State Court
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CHARLESTON – A former HealthSmart claims manager alleges she was constructively discharged because of a hostile work environment.

Michelle Wright filed a complaint in Kanawha Circuit Court against HealthSmart Benefit Solutions Inc., doing business as Health Smart Casualty Solutions and Smart Casualty Claims, and Anne Cecil alleging violation of the West Virginia Human Rights Act.

Wright worked for HealthSmart from April 2014 through Oct. 27, 2017, as a claims manager in the occupational pneumoconiosis and disease department. 

She alleges in her suit that in 2017, she began to suffer from gastroparesis and ischemic colitis, which caused her to be in the restroom for an extended period time. During this time, Wright claims she faced a hostile work environment and her requests for accommodations to telework were denied. She alleges she was constructively discharged.

The plaintiff alleges the defendants' conduct was based upon her perceived and/or regarded disabilities.

Wright seeks lost wages and benefits, a trial by jury, interest and all other just relief. She is represented by Todd Bailess and Rodney Smith of Bailess Smith PLLC in Charleston. 

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number 19-C-1020

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