Overnite Transportation Co. v. Gaddis

STUMBO, Judge:

OVERNITE Transportation Company (hereinafter “Overnite”) appeals from a judgment assessing damages and attorney’s fees against it for allegedly wrongful discharge in violation of KRS 342.197. For the reasons set forth herein, we affirm.

Overnite raises three issues on appeal: 1) Whether the language “filing and pursuing a lawful [workers’ compensation] claim” requires a formal claim for the employee to receive the protection of KRS 342.197; 2) Whether Overnite was entitled to a directed verdict, and; 3) Whether the jury instructions were proper.

In the case at bar, Michael Gaddis…