Boomerang Tube sued for not accommodating employee's request for light duty

Michelle Keahey, East Texas Bureau Apr. 30, 2012, 8:18am

Filteau and Sullivan

A Texas man is suing his employer, claiming that he suffered a serious physical injury to his hand when the employer refused to accommodate his request for light duty.

Joe R. Wilkerson filed suit against Boomerang Tube on April 24 in the Eastern District of Texas, Beaumont Division.

Wilkerson states that faulty equipment caused him to sustain an on-the-job injury to his left hand on Dec. 13, 2010. He claims that he requested being placed on light duty but Boomerang Tube refused to accommodate the request.

Wilkerson continued to work despite the request for light duty and sustained a more serious injury to his right hand, the suit claims.

According to the lawsuit, Wilkerson was terminated for being "insubordinate."

The defendant is accused of violating the Americans with Disabilities Act by intentionally discriminating against Wilkerson on the basis of his disability.

The plaintiff is asking the court for an award of damages for expenses associated with finding other employment, mental anguish, emotional distress, physical injuries, back pay, front pay, compensatory damages, punitive damages, interest, court costs and attorney's fees.

Wilkerson is represented by Robert J. Filteau and John A. Sullivan III of The Law Offices of Filteau & Sullivan Ltd. in Houston.

A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:12-cv-00198

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