Madison - St. Clair Record

Thursday, December 12, 2019

Cardinal Pump employee alleges unlawful firing after workers' comp claim

Lawsuits

By John Breslin | Oct 23, 2019

Employment contract

BELLEVILLE -  An employee of a St. Clair County company alleges he was fired unlawfully after being injured at work and applying for benefits.

Arlando V. Lusk filed suit Sept. 26 against Cardinal Pump Company in St. Clair County Circuit Court, alleging violations of the Workers' Compensation Act along and "willful and wanton" conduct. 

Cardinal Pump, which distributes pumps, did not immediately respond to a call and message from the Record asking for comment.

Lusk, of Collinsville, was working for the defendant July 9 and was injured while performing the "duties of his employment." The suit states Lusk needed medical treatment and was signed off as temporarily totally disabled by a doctor. This entitled him to time off and benefits, the suit alleges. 

The complaint notes that the law "makes it unlawful for an employer to discharge or in other way discriminate against an employee because of the exercise of his or her rights." Cardinal Pump's duty was to comply with the act but, the plaintiff alleges, it did not do so and he was fired. 

As a result of the termination of his employment, the plaintiff alleges he "suffered injury and damages," including past, and future, loss of income and benefits. He has also suffered general pain, according to the suit, which does not detail the circumstances of the accident or specific injuries.

The plaintiff also alleges the conduct of the company was "willful and wanton" because it revealed a "callous disregard for the welfare and rights of the plaintiff" by sacking him.

Lusk seeks judgment in excess of $50,000 and costs of suit. He is represented by attorney Jon E. Rosenstengel of the Law Offices of Bonaifield & Rosenstengel in Belleville.

St. Clair County Circuit Court Case number 2019-L-688.

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