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Would-be firefighter files suit against Burton
(by Joseph Koziol Jr. - May 25, 2011)
Would-be firefighter files suit against Burton
By JOSEPH KOZIOL JR.
A Rome, Ohio, woman is suing the Burton Fire Department and its chief claiming they conspired to sabotage her workers' compensation claim after she sustained an injury during training.
Jennifer Lewandoski filed the lawsuit May 12 in Geauga County Common Pleas Court, naming the department and Chief Michael Sestak as defendants. It seeks in excess of $50,000 in damages.
According to the suit, Ms. Lewandoski sustained a shoulder injury during a training program on Nov. 15, 2010.
"Instead of allowing the plaintiff to proceed with her treatment and claim, defendants denied the claim without legitimate basis, interfered with the BWC (Ohio Bureau of Workers' Compensation) claims process, placed the plaintiff on indefinite suspension without pay and otherwise disputed the valid claim despite BWC administrative rulings to the contrary," the suit says.
Mr. Sestak said he could not comment and referred questions to the department's attorney, Timothy Snyder.
Mr. Snyder said neither the department nor its chief has done anything wrong.
"We have and shall continue to file truthful information with the bureau of workers' compensation," he said. "We have acted appropriately in this situation and will vigorously defend ourselves in this litigation."
Mr. Snyder said the department acknowledges Ms. Lewandoski's claimed injury reportedly received in the scope of her employment with the department but cannot comment further on her injury "out of respect for her privacy."
He said the department has cooperated fully with the bureau in the matter.
The lawsuit says Ms. Lewandoski's employment was terminated by the department Dec. 21, 2010, claiming the dismissal was a violation of Ohio law and was done as a retaliatory measure.
It claims Ms. Lewandoski has "suffered embarrassment, humiliation, mental and emotional suffering and anguish, has incurred expense for her medical care and treatment, and has lost and will lose earnings and benefits" of employment.
In addition, the suit claims Mr. Sestak phoned another of Ms. Lewandoski's employers in attempt to get her fired.
"Sestak maliciously slandered plaintiff by making false statements about her qualifications, her credibility and veracity," the suit says. "In particular, Sestak claimed that plaintiff was lying to Mr. Curtis because she was hiding her work-related injury from him when, in fact, Mr. Curtis had been fully advised by plaintiff of her injury and the problems she was having with defendants."
The suit further claims that she was treated differently than her male counterparts.
"As a female, she has been subject to the aforementioned retaliatory action while male firefighters were not treated adversely for pursuing workers compensation benefits or other disciplinary issues," the suit says.
Ms. Lewandoski is seeking a jury trial in the matter.
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