PITTSBURGH – A man is suing his previous employer over claims he was unfairly discharged and allegedly attacked over a workers' compensation claim.
Richard L. Nelson filed a complaint on Sept. 8 in the U.S. District Court for the Western District of Pennsylvania against Enerfab Corp., International Brotherhood of Boilermakers Local 154 and Mark Angle Jr., alleging breach of contract and assault and battery.
Between 2009 and 2014, Nelson worked for Enerfab as a welder and in 2009 became a member of Local 154, a workers union, the compliant states. In April 2014, Nelson purports that he sustained a work-related knee injury at Enerfab's Stranton, Ohio location and was asked by the defendant to not report it. Due to the pain, Nelson sought out medical attention, which included surgery, and returned to work in August 2014 after filing a workers' compensation claim, according to the complaint. In October 2014, Nelson was allegedly informed while working at the Shippingport location that he was being discharged because he had been placed on a no-hire list, leading Nelson to file a grievance with the union.
According to the complaint, in a meeting held in response to the filed report in November 2014, Nelson was physically attacked by Angle, banished from the union and discharged. Nelson claims the retaliation was in response to his filing of the workers' compensation claim.
Nelson is seeking compensation for all damages and injuries, as well as protection from further attacks. He is represented by Michael J. Lorence in Pittsburgh and by Edward Olds and Jamie George of Olds, Russ and Associates, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania Case number 2:15-cv-01176