A Florida resident has filed a lawsuit against his former employer, alleging wrongful termination and retaliation after he sought workers’ compensation benefits. Frank Kyler Nedabylek filed the complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, on October 30, 2025, accusing Viking Utility Services, Inc. of violating state laws protecting employees who file for workers’ compensation.
The case revolves around Nedabylek’s claim that Viking Utility Services retaliated against him following a work-related injury sustained on July 18, 2024. According to the complaint, Nedabylek suffered shoulder and neck injuries when a company truck was struck. He subsequently required medical treatment, including surgery and ongoing therapy. After retaining a workers’ compensation attorney in August 2024, Nedabylek alleges that Viking Utility Services began subjecting him to retaliatory actions such as pay manipulation and increased surveillance. The complaint states that these actions intensified after he refused to settle his compensation claim for a lump sum.
Nedabylek’s legal action cites violations of Florida Statute §440.205, which prohibits employers from retaliating against employees for filing or attempting to claim workers’ compensation benefits. The plaintiff argues that his termination on July 15, 2025—one day after rejecting a final settlement offer—was not due to misconduct but rather an unlawful act of retaliation for exercising his rights under the Workers’ Compensation Law.
In addition to claims under Florida’s Workers’ Compensation Law, Nedabylek also accuses Viking Utility Services of violating the Florida Private Whistleblower Act by terminating him after he objected to illegal drug testing practices. The complaint describes an incident where Nedabylek was taken for a drug test and unlawfully pressured by his supervisor to allow direct observation during specimen collection—a practice prohibited by state law.
The lawsuit seeks several forms of relief from the court: reinstatement or front pay; back pay and lost benefits; compensatory damages for emotional distress; attorney’s fees and costs; statutory penalties related to COBRA violations; reimbursement of uncovered medical expenses; and any other relief deemed just by the court.
Representing Frank Kyler Nedabylek is attorney Alberto Naranjo from AN Law Firm, P.A., based in Miami Lakes, Florida. The case is presided over by Judge Michael A. Caruso under Case ID 502025CA011283XXXAMB Div: AO.
Source: 502025CA011283XXXAMB_Frank_Kyler_v_Viking_Utility_Complaint_Palm_Beach_County_Florida.pdf
