Man sues oil company for alleged wrongful termination

By Noddy A. Fernandez | Mar 26, 2017

EAST ST. LOUIS — A former employee is suing an oil company for allegedly terminating his employment after he sought workers' compensation benefits.

James Osborn, of California, filed a complaint on Feb. 22 in the U.S. District Court for the Southern District of Illinois against Franklin Well Services Inc., alleging the defendant violated the Illinois Workers Compensation Act.

According to the complaint, the plaintiff alleges that on May 29, 2015, plaintiff was terminated from the defendant's Lawrenceville facility because his FMLA leave time had run out. The plaintiff claims that he had to file for a medical leave due to an injury to his right arm suffered during his employment by the defendant. During his leave, plaintiff encountered delays because of a failed platelet-rich plasma (PRP) injection and surgery scheduling, causing his leave to run out.

As a result, Osborn claims he suffered emotional distress and loss of income and benefits. 

The plaintiff alleges Franklin Well Services failed to approve the PRP injection and failed to approve and arrange an appointment with the plaintiff's doctor for up to a month after it had been recommended by Osborn's treating physician, causing delays to his treatment.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $75,000 and for such other, further and different relief as the court deems appropriate.

He is represented by Daniel C. Jones of Tapella & Eberspacher LLC in Mattoon.

U.S. District Court for the Southern District of Illinois case number 3:17-cv-00194

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