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Monday, May 6, 2024

Wyoming Co. man says Blackhawk Mining fired him after he filed workers' comp claim

State Court
Wrongful term 12

PINEVILLE – A Wyoming County man says he was fired from his coal mining job after he filed a workers’ compensation claim.

Adrian Griffith filed his lawsuit in Wyoming Circuit Court against Blackhawk Mining LLC.

According to his complaint, Griffith worked as a fly man at Blackhawk Eagle Mine III. His job entailed lifting roof bolt racks and other physically demanding labor.

Griffith says he suffered a back injury on the job and required two surgeries. The first surgery was in January 2017, and he filed a workers’ comp claim. He was off work for a period of time.

The second surgery was December 2017, and he also had to be off work then. In March 2018, he was released to return to work. But soon after, he was released from his job with Blackhawk.

Griffith says he consistently performed his duties in a satisfactory manner and met the reasonable expectations of his employer.

He accuses Blackhawk of retaliatory discharge and of discharge in contravention of public policy. He says he has incurred economic and non-economic damages and will continue to do so. He seeks compensatory damages for lost wages and benefits, back pay, front pay, indignity, embarrassment, humiliation, annoyance and inconvenience. He also seeks punitive damages, pre-judgment interest, attorney fees, court costs and other relief.

Griffith is being represented by Kirk D. Lightner of New, Taylor & Associates in Charleston. The case has been assigned to Circuit Judge Warren McGraw.

Wyoming Circuit Court case number 20-C-25

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