Heather Isringhausen Gvillo Dec. 10, 2013, 8:28am

A former Olin Corporation employee’s lawsuit alleging he lost his job after he filed for workers’ compensation benefits has been removed to federal court in East St. Louis.

Defendant Olin Corporation filed the notice of removal on Dec. 5.

It argues complete diversity of citizenship makes removal appropriate, claiming the plaintiff is a citizen of Illinois while it is a citizen of Virginia and Missouri.

Olin also claims the amount in controversy is more than $75,000, meeting removal requirements.

Removal was granted on Dec. 6.

According to the complaint filed Oct. 15, John D. Holder claims he was working for Olin on Oct. 11, 2011, when he injured his back while operating a forklift.

Holder visited Olin Medical after the incident and was sent home on Oct. 12, 2011, the suit states.

He then visited his own doctor, Dr. Crancer, and was removed from work “until further notice,” according to the complaint. He alleges he notified his boss that Crancer took him off work and was told that he would be okay to remain off work.

However, by Oct. 18, 2011, Holder alleges he was fired in retaliation of filing for workers’ compensation benefits.

He seeks a judgment of more than $100,000 and punitive damages of more than $750,000.

Bob L. Perica of The Perica Law Firm in Wood River represents Holder.

Christine F. Miller and Laura B. Staley of Husch Blackwell LLP in St. Louis represents Olin.

Madison County Circuit Court case number 13-L-1748

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