Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 31, 1990 TAG: 9005300339
SECTION: CURRENT PAGE: NRV1 EDITION: NEW RIVER VALLEY
SOURCE: MARGARET CAMLIN NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG LENGTH: Medium
Glen M. Robertson, a Richmond lawyer, filed a special plea of jurisdiction for Dodge, claiming that the Workers' Compensation Act gives Williams an "exclusive remedy for the injuries" allegedly suffered under the superintendent.
"In these cirumstances, the circuit court does not have jurisdiction over the claim," said John D. Epps, a lawyer with the same Richmond firm, who is in charge of the case.
Williams, whose contract was not renewed, has sued Dodge for $100,000, claiming that the superintendent fired him last month without cause and injured his reputation and career. He has asked for a jury trial.
Williams' contract expires at the end of June.
This Friday, Circuit Court Judge Duane Mink in Radford will consider whether Williams' complaints should be handled as a worker's compensation claim and whether other specific matters in Williams' lawsuit are valid.
If the judge decides that this is a worker's compensation matter, he could rule on it himself or dismiss the case.
If the latter occurs, Williams could file a worker's compensation claim directly with the Virginia Industrial Commission. He could also appeal the judge's ruling.
Williams would have to prove psychological or physical injury resulting from his employment with Montgomery County schools to receive worker's compensation, according to an Industrial Commission spokeswoman.
Williams also would have to prove that he is unable to work as a result of the alleged injuries, the spokeswoman said. If Williams found another job he would not be eligible for compensation.
The maximum he could receive would be $393 per week for up to 10 years - or two-thirds of his average weekly wage, plus medical benefits.
Dodge's lawyer had asked the courts to dismiss Williams' lawsuit in a motion filed April 30. The motion said the so-called "communication" that Williams' lawsuit alludes to - from Dodge to Jill Graybeal, assistant superintendent for personnel, about Williams - is privileged information.
The motion also objects to Williams' claim that Dodge interfered with Williams' contractual relationship with the School Board. And it asks that Williams produce a copy of his contract of employment with the board.
Dodge notified Williams by letter around March 22 that he was terminated as of June 29, according to Williams' lawsuit.
On April 5, the School Board approved Dodge's recommendation.
Dodge sent a copy of the termination letter to Graybeal. The suit claimed the letter contained a "communication" that was "defamatory and injurious" to Williams' reputation.
The information sent to Graybeal, who has since resigned from the school system, was intended to damage Williams' reputation among his peers and the School Board and to cause the board to terminate his employment, the suit says.
by CNB