Odesco worker claims retaliatory discharge

A man claims he lost his job after he filed for workers’ compensation benefits due to a torn rotator cuff he sustained while working.

Steve Bailey filed a lawsuit Dec. 11 in Madison County Circuit Court against Odesco Industrial Services.

In his complaint, Bailey alleges he was working for Odesco on Oct. 1, 2012, when he suffered a torn rotator cuff to his right shoulder while he was exiting an above-ground anhydrous ammonia tank. Before the incident, Bailey had been assigned to clean the tank, according to the complaint.

On Oct. 22, 2012, Bailey had an MRI that revealed the tear. His doctor gave him a light duty slip with restrictions of no repetitive lifting and no pulling, pushing or climbing with his right arm, the suit states.

Bailey submitted the slip to his office manager on Nov. 6. In turn, she turned it over to Odesco’s workers’ compensation insurance provider, the complaint says.

Bailey continued to work on light duty until Dec. 11, 2012, when he was told that his workers’ compensation claim had been denied. Odesco’s managers told Bailey they no longer needed his services and dismissed him, he claims.

On Jan. 22, Bailey underwent corrective surgery and filed an additional workers’ compensation claim against Odesco on March 12. An arbitrator ruled in Bailey’s favor, according to the complaint.

Because of his discharge from work, Bailey lost wages and suffered emotional distress, the suit states.

He claims he lost his job due to his claim for workers’ compensation benefits.

In his complaint, Bailey seeks a judgment of more than $50,000, plus other relief the court deems just.

Eric J. Carlson, Christopher W. Byron and Christopher J. Petri of Byron, Carlson, and Petri Kalb in Edwardsville will be representing him.

Madison County Circuit Court case number: 13-L-2079.