CHARLESTON – A Kanawha County man says a Charleston attorney and his law firm mishandled his workers’ compensation case.
Donald C. Nichols filed his complaint in Kanawha Circuit Court against attorney Patrick K. Maroney and the law firm of Maroney Williams Weaver & Pancake PLLC.
The defendants answered by filing a motion to dismiss.
According to the complaint, the defendants represented Nichols in his workers’ compensation matter related to his exposure to benzene during 39 years of work for FMC Corporation. He says the exposure resulted in him developing a severe and aggressive form of cancer known as multiple myeloma.
He says his application for occupational disease benefits was denied by a claims administrator because it didn’t include a definitive statement or opinion by a physician or other medical professional.
Nichols says the defendants protested that decision on his behalf, and it was taken to an Administrative Law Judge with the state Workers’ Compensation Office of Judges. He claims Maroney again failed to present such medical evidence to the ALJ, who affirmed the claims administrator’s decision.
Nicholas says Maroney then failed to appeal the ALJ’s decision. He says that has resulted in more than $800,000 in health care expenses that would have been covered if his workers’ comp claim had been approved.
Represented by another attorney and firm, Nichols filed a civil complaint against FMC and others in Kanawha County in 2016 related to his benzene exposure. FMC took the position that Nichols’ deliberate intent claim against it is barred because his workers’ comp claim was denied.
Nichols accuses Maroney and his firm of breach of express and/or implied contract and of negligence. He seeks compensatory damages, pre- and post-judgment interest and other relief.
In the defendants’ answer, they say Nichols’ claim of negligence is barred by a two-year statute of limitations. They also seek to have the case dismissed based on failure to state a claim.
Maroney declined further comment.
Nichols is being represented by Matthew B. Hansberry of Hansberry Law Office PLLC in Bridgeport and by Ronald G. Kramer II of Kramer Legal Group PLLC in Bridgeport. The defendants are being represented by Kevin A. Nelson and Clayton T. Harkins of Dinsmore & Shohl’s Charleston office. The case has been assigned to Circuit Judge Joanna Tabit.
Kanawha Circuit Court case number 20-C-518