Brown v. Dan Kelly Warehouse, Inc.

BARRY, Judge.

Plaintiff appeals the dismissal of his workmen’s compensation suit.

On August 25, 1982 plaintiff, a truck driver, struck his head while backing a *718tractor at Dan Kelly Warehouse, Inc., his employer. In April, 1983 plaintiff missed several days of work without calling in and was terminated. He sued for compensation and penalties and amended to add the employer’s insurer, Commercial Union Insurance Company, and to state a wrongful termination claim. There was a stay order involving the employer (who filed bankruptcy proceedings) and no allegation that it had insurance covering the…