Worker claims to have not received all benefits from injury
A former county employee filed suit against the Monongalia County Commission and County Administrator Rennetta McClure, claiming he is owed disability benefits.
Eric Hayhurst filed the suit in Monongalia County Circuit Court Thursday on behalf of David Weston, who worked for the county’s facilities management department from March 2017 until he was injured on the job in January 2018.
According to the suit, Weston was provided temporary total disability by the county through its workers compensation insurance carrier and was to continue to receive benefits until he had “reached maximum medical improvement from his injury,” according to a ruling from an administrative law judge.
The suit claims Weston had not reached that state when his employment with the county ended, on April 30, 2019.
“Plaintiff has yet to receive the full payment of the wages and/or fringe benefits he is due and owed related to his employment with the Defendant County Commission,” the suit states.
The suit goes on to claim that the commission has insisted, through its counsel, that Weston sign a complete release for any and all claims against the commission — “even beyond claims under the West Virginia Wage Payment and Collection Act” — before it will pay.
“To this end, Defendants County Commission and McClure have engaged in a pattern of conscious, malicious, wanton and reckless conduct with outrageous indifference to the health, safety and welfare of others, including the Plaintiff,” the suit states.
Weston is suing for compensatory damages to be determined by a jury as well as punitive damages, pre and post judgment interest, attorney fees and any other relief deemed just by the court.
Monongalia County Commission President Ed Hawkins said the commission did not wish to comment on the suit.
McClure was out of the office on Friday and unavailable for comment.