CHARLESTON – A former HealthNet emergency medical technician says she was wrongfully terminated after filing two workers’ compensation claims.
Brittany R. Casto filed her complaint April 3 in Kanawha Circuit Court against HealthNet Aeromedical Services Inc. and HealthTeam Critical Care Transport LLC.
According to the complaint, Casto sought emergency medical care for severe abdominal pain and blood in her urine after she lifted and transferred a patient from a stretcher to a bed. She was treated for hematuria and was issued a doctor’s note for a leave of absence on March 28, 2021.
Afterward, she filed for worker’s comp benefits. She returned to work for her next scheduled shift on April 3, 2021. Four days later, she was issued a disciplinary action for not finishing her shift on March 28, which was the day of her injury.
Casto says she viewed the disciplinary action as discrimination and retaliation. She asked the defendants to rescind the disciplinary action, but they refused.
On April 10, 2021, Casto again injured herself on the job while lifting a patient. She sought medical treatment for the shoulder injury the following day. She was diagnosed with a muscle strain and was referred to physical therapy for treatment. She again attempted to receive workers’ comp benefits.
For the shoulder injury, Casto says she was placed on a temporary leave of absence from work to undergo medical treatment.
On April 21, 2021, Casto says she began receiving multiple emails about backdated disciplinary actions against her.
“Specifically, defendants sent at least three emails to plaintiff for a verbal warning, written warning and final warning to plaintiff that were all dated prior to March 28, 2021,” the complaint states. “Once again, plaintiff viewed defendants’ actions as discriminatory/retaliatory for plaintiff having suffered a workplace injury and attempting to receive workers’ compensation benefits.”
Casto’s leave of absence lasted until September 21, 2021, when she was released to return to work without restrictions. That day, she presented her return to work slip to supervisor Levi Riffle, who told her he would find a place for her on the schedule.
But that didn’t happen, according to the complaint. The next day, he texted Casto to tell her the Human Resources department had her return to work slip and that they needed to meet to go over some paperwork.
During that September 24, 2021, meeting, Casto says she was terminated.
She accuses the defendants of Workers’ Compensation discrimination and retaliation, a violation of state law, and of perceived/regarded disability discrimination. She also accuses them of retaliation.
In addition to lost wages and benefits, Casto says she has suffered loss of dignity, embarrassment, humiliation, aggravation and emotional distress.
She seeks compensatory and punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
Casto is being represented by Todd S. Bailess, Jodi R. Durham and Cory B. Lowe of Bailess Law Firm in Charleston. The case has been assigned to Circuit Judge Duke Bloom.
Kanawha Circuit Court case number 23-C-285
