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Worker Sues Pepsi Over Workers’ Comp Claim & Firing
Posted on Dec 26, 2010
A Texas man is suing his employer for violating the Texas Workers’ Compensation Act after the man suffered a debilitating back injury while on the job. The man alleges that his company fired him out of retaliation for filing a workers’ comp claim after his injury.
According to court papers, Richardo Sobalvarro of Cypress, Texas, says that his employer, Pepsi Bottling Group, mistreated him through his workers’ compensation claim process and then took away his position because he reported his injury.
In 2006, Sobalvarro hurt his back while working as a bulk account representative at the bottling company, which is located in Harris County. He reported the injury to his supervisor right away and also visited a doctor. Before confirming that the man was suffering from a bulging disk that required surgery in order to take the pressure off of a nerve in his back, his supervisor put him on light duty, cut his pay, and gave the man tasks that made his back injury worse.
Months later, the back surgery he needed was denied by Pepsi’s insurance company and Sobalvarro left work after suffering ridicule and mistreatment form his boss and coworkers. When we was finally well enough to work, Pepsi informed him that his old light duty position was no longer available.
In the worker injury lawsuit, Sobalvarro is seeking a job with Pepsi, seniority, and fringe benefits, as well as actual and punitive damages.
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