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SOUTHEAST TEXAS RECORD

Friday, April 19, 2024

Railroad worker alleges he was unlawfully terminated after being injured on the job

Wrongful term 14

HOUSTON – An Oklahoma man alleges he was terminated after being injured on the job.

Chad W. Burleson filed a complaint on Oct. 5 in the Houston Division of the Southern District of Texas against Polivka International Co. Inc. and Kansas City Southern Railway Co. alleging that they violated the Federal Railroad Safety Act.

According to the complaint, the plaintiff alleges that on Feb. 18, 2014, he sustained a work-related injury while in the course of his duties for defendant Polivka as a contractor at defendant KCS' jobsite. His injury required medical attention and leave of absence, the suit states, and on Feb. 26, 2014, he was terminated from his employment.

The plaintiff holds Polivka International Co. Inc. and Kansas City Southern Railway Co. responsible because defendant KCS discriminated allegedly against him by refusing to allow him to work at its jobsite and defendant Polivka terminated his employment.

The plaintiff requests a trial by jury and seeks judgment against the defendants for all damages, attorney’s fees and costs in prosecuting this action and such other and further relief that are just and proper. He is represented by W. Mark Lanier and Lawrence P. Wilson of The Lanier Law Firm PC in Houston and Carl Kessinger of Holland Law Firm LLC in St. Louis, Missouri.

Houston Division of the Southern District of Texas Case number 4:16-cv-02992

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