CHARLESTON — A man is suing Blackhawk Mining alleging he was wrongfully terminated after suffering several work injuries.
Panther Creek Mining and Michael Plumley were also named as defendants in the suit.
Roy Dustin Berry was employed by the defendants and sustained several work-related injuries during his time with the defendants, according to a complaint filed in Kanawha Circuit Court.
Berry claims he injured his wrist at work in March or April 2019, he was placed on light duty work for one or two days.
On July 30, 2019, the plaintiff was shoveling coal when he felt a sharp pain in his abdomen and groin where he had previously had surgery four years prior and got sick, according to the suit.
The plaintiff claims he immediately became nauseated and was vomiting and an ambulance was called to take him to Charleston Area Medical Center, according to the suit.
Berry claims he was diagnosed with a strain of a left inguinal muscle and filed a workers' compensation claim for the injury. He was put on light duty for one week.
On Sept. 1, 2019, Berry was at work when he was stung by a bee, to which he is allergic, and had to be taken by ambulance to MedExpress, according to the suit.
Berry claims on Nov. 21, 2019, his employment was wrongfully terminated for his injuries.
The defendants violated the West Virginia Human Rights Act by wrongfully terminating Berry's employment because he has a disability, according to the suit.
Berry claims the defendants' actions caused him to suffer indignity, embarrassment, humiliation, annoyance and inconvenience.
He claims the defendants' actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to Berry's rights.
Berry is seeking compensatory and punitive damages. He is represented by Mark A. Atkinson and John-Mark Atkinson of Atkinson & Polak in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 21-C-997
