Gary Thacker Jr. and his wife are suing J.B. Hunt transportation for wrongful termination when he was terminated after filing a worker’s compensation claim after he was fired while under a doctor’s care and receiving disability benefits for an injury obtained on the job. Thacker began working for J.B. Hunt Transport as a truck driver in September of 2008.
On January 14, 2009 Mr. Thacker suffered an on-the-job injury to his right shoulder. Thacker went to the emergency room at Three Rivers Medical Center in Louisa, Kentucky for treatment the day afterwards. The injury which Thacker suffered while unloading a truck was diagnosed as a ligamentous sprain.
Over the next few months Mr. Thacker had to see Dr. Stanley Tao at Scott Orthopedic Center for pain and problems with his shoulder. During this time Mr. Thacker was under physician’s orders and receiving temporary total disability benefit, before he was released to go back to work from his physician Thacker was terminated in February of 2009. The shoulder which was injured in the line of duty finally required arthroscopic surgery in June of 2009.
Thacker claims that the defendant terminated him in retaliation for filing the injury and subsequent treatment on a worker’s compensation claim. Mr. Thacker and his wife are seeking an award of compensation and punitive damages with interest. Terminating an employee for filing workers compensation claims or for missing work due to an injury obtained on the job and while under medical orders is considered wrongful termination.