According to the West Virginia Record, a former employee is suing Huntington Health & Rehabilitation Center alleging that her employment was wrongfully terminated because of an inquiry. Eleta Noble, and employee of the rehab center, and 25 unknown individuals were also named as defendants in the lawsuit.
Rose Bailey claims she suffered an on-the-job injury on February 13, 2009, and went to the emergency room at Cabell Huntington Hospital. Bailey was told by an emergency room physician that she had strained her mid-back and ribs, according to the complaint filed.
Bailey claims that after receiving temporary total disability for a few months, she returned to work on light duty, where she remained for several months. Bailey’s physician cleared her to return to work duties on March 1, 2010, but she began to experience pain and her physician placed her back on light duty later that same month. When she returned to work, Bailey claims she was told that it did not matter what her physician said and that she would have to perform her normal work duties.
Bailey contacted an employment attorney, who sent a letter to Eleta Noble notifying her that she was discriminating against Bailey for her work injury. The defendants attempted to force her back to normal work duties despite doctor’s orders and when she declined, the defendants terminated her employment. An injured worker with written physician’s orders for light duty should not experience discrimination at work. The plaintiff claims she was discriminated against because of her disability.