According to legal journal the West Virginia Record, Chris Edward Sanders filed his complained in Kanawha Circuit Court on July 15.
Sanders, hired in May 2011 as an underground miner, was injured August 8 of the same year and placed on a leave of absence.
A few months later, after being approved for light duty work, the plaintiff was told by the defendant’s superintendent David Cobb that no light duty tasks were available and was sent home.
In his claim, Sanders said he contacted his workers’ compensation claim representative and was advised to remain on leave until a full release was approved.
However, the Record said, in early 2012 he returned to the operation but was placed on another leave of absence for an anxiety attack.
While on that leave, he was contacted to take a mandated refresher course. Because his medical condition prevented attendance, he was terminated from his job shortly after returning to work the second time.
According to the workers’ documentation, Sanders was wrongfully discharged and the operator violated the West Virginia Human Rights Act.
Additionally, he said he was given adverse treatment that was substantially motivated by his disability.
Sanders seeks compensatory and punitive damages for loss of pay, physical pain, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses.
His representatives in the case, formally filed as 13-C-1319, are Stephen Farmer and Matthew Nelson of Farmer, Cline & Campbell.
The case has been assigned to circuit judge Paul Zakaib Jr.