CVS worker sues after 21-month healing period

Steve Gonzalez Jul. 12, 2005, 5:10pm

CVS Pharmacy refused to rehire an employee who required 21 months off work to recover from a job-related injury.

And now the country's largest retail pharmacy is being sued for retaliatory discharge.

Terry Dew filed suit against CVS in St. Clair County Circuit Court July 6 asserting rights under the Illinois Workers' Compensation Act.

According to the complaint, Dew injured himself on Nov. 1, 2002, and notified CVS of his intentions to seek medical attention and temporary total disability benefits. The suit does not state the nature of his injury.

On Aug. 16, 2004, after being released by the specialist treating him for his work injuries, CVS refused to allow him to return to work because he exercised his rights to collect benefits, Dew claims.

"The job termination by CVS was wrongful and in retaliation for Dew exercising his legal rights," the complaint states.

Dew claims since he was allegedly deprived of his lawful employment he suffered a loss of income and benefits, including wages, commissions, pension and bonuses. Dew also claims since he no longer has health insurance he has incurred medical bills and also suffers from mental anguish and a damaged reputation.

Dew, represented by Daniel Juncker of Belleville, is seeking damages not to exceed $75,000 plus punitive damages not to exceed $75,000.

05 L 398 (20th Circuit)

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