Louisiana Record

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Laborer claims he was threatened when attempting to retrieve belongings after filing work comp claim

By Louisiana Record reports | Jul 7, 2015

GRETNA – A construction laborer who filed a workers’ compensation claim against his employer is claiming he was threatened when he came back to the job site to pick up his personal belongings.

Daniel J. Bernal Jr. filed suit against Crescent Foundations LLC and Paul C. Austin in the 24th Judicial District Court on May 18.

Bernal alleges that on April 17 he visited Crescent Foundations to retrieve a personal equipment trailer he had left there after being injured on the job on March 18. The plaintiff contends that in his absence he found employees for Crescent Foundations had overloaded his trailer causing it to be damaged when heavy equipment was loaded onto it that exceeded the trailer’s weight limit. Bernal asserts that when he pointed out the damage to the trailer the project manager on the job told him they owed him a new trailer.

The plaintiff claims that as he was loading his trailer with his personal equipment from the job site Austin appeared and began threatening to have him sued for theft and verbally abused him for making a workers’ compensation claim.

The defendant is accused of failing to act with diligence and care, recklessness and carelessness, failing to properly care for items and failing to properly supervise employees.

An unspecified amount in damages is sought for replacement, repair of property, reimbursement for expenses, mental anguish and emotional distress.

Bernal is represented by attorney Joseph “Jay” G. Albe Jr. of New Orleans.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 749-802.

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