The Register-Herald, Beckley, West Virginia

March 11, 2014

Suit filed against Kentucky Fuel Corp.

By Wendy Holdren
Register-Herald Reporter

BECKLEY — A former mine foreman has filed a lawsuit against Kentucky Fuel Corp. and Southern Coal Corp., claiming he was fired in retaliation for reporting an on-the-job accident to state mining authorities and not telling his employers a mine inspector was coming.

Loyd Moore filed the suit in Raleigh County Circuit Court on Jan. 29, 2014, and is seeking compensation for lost wages and benefits, back pay, front pay and other damages.

In his complaint, Moore, of Logan County, said he had an on-the-job accident on July 13, 2013. He reported the incident to the proper state and federal authorities, and was told that a mine inspector would be coming to the job site the next day for an investigation.

Moore did not inform his employer that a mine inspector was coming, according to the suit, and he was terminated shortly after the mine inspection took place.

Moore said he was later contacted by the defendant companies and told he was still employed, but when he reported for work, he found he had been demoted to an equipment operator instead of his previous position as foreman.

He is demanding a jury trial and is being represented by Mark A. Atkinson and Paul L. Frampton Jr., of the Charleston law firm Atkinson & Polak.

Kentucky Fuel’s principal business is located in Raleigh County, and Southern Coal’s principal business is in Bristol, Va.

— E-mail: wholdren@register-herald.com