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Worker Can't Sue Employer's Claims Administrator for Discrimination

Monday, June 24, 2019 | 521 | 0 | 41 min read

A divided West Virginia Supreme Court ruled that an injured truck driver could not sue her former employer’s third-party claims administrator for workers’ compensation discrimination, and that her claim of fraud was time-barred. Case: State ex rel. Gallagher Bassett Services v. Webster, 06/12/2019, published. Facts: Robin Lusk and her husband, Kevin Lusk, worked for Old Dominion Freight Line as truck drivers. In June 2015, their work took them to an Old Dominion terminal in Los Angeles. Old Dominion's computer system noted their presence and identified the trailers they were...

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