Walter C. Cooley v. Tyson Foods Inc.

Retaliatory Discharge - Walter C. Cooley filed a motion for judgment against Tyson Foods, Inc., and its personnel manager, Leonard Parks. Cooley, relying upon Code 65.2-308*, alleged that he was terminated solely because he intended to file a claim under the Virginia Workers' Compensation Act. While working at a Tyson Foods' facility, Cooley experienced a "bad pain in [his] back" when he tried to place a cart upon a table while performing his duties as a maintenance mechanic. Cooley was treated by the Tyson Foods supervising nurse and sent to the emergency room. While investigating Cooley's medical history, Tyson Foods discovered that Cooley had allegedly made statement to another physician prior to the work-place trauma that he had hurt his back at the beach when some waves hit him. Tyson then terminated Cooley for making false statements when he told the supervising nurse that he had not been injured recently or in the past off of the job. Cooley claimed that he was terminated solely because he had intended to file a workers' compensation claim.

Defendant's Verdict - the jury returned a verdict in favor of Cooley in the amount of $36,450.00. However, the circuit court granted Tyson Foods' motion to set aside the jury's verdict.

Unknown

Unknown

Affirmed by the Supreme Court of Virginia. See 514 S.E.2d 770 (Va. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H.