Smith v. Apex Pipeline Servs. (Per Curiam Opinion)
Annotate this CasePetitioner was hired by Employer as a general laborer to work on a pipeline project. When some unsecured pipe struck Petitioner in the back, Petitioner sustained back and other injuries. Petitioner subsequently applied for and received workers' compensation benefits for his injury. Employer subsequently refused to rehire Petitioner, and petitioner was awarded unemployment compensation benefits. Thereafter, Petitioner filed the instant action claiming workers' compensation discrimination and alleging that Employer acted with "deliberate intention" to cause Petitioner's injury. The circuit court granted summary judgment in favor of Employer. Petitioner appealed, arguing that genuine issues of material fact existed as to whether Employer acted with deliberate intention to cause Petitioner's injury and whether Employer refused to rehire Petitioner in retaliation for filing a workers' compensation claim. The Supreme Court affirmed, holding that the circuit court did not err in granting summary judgment for Employer, as (1) Petitioner failed to demonstrate the statutory predicate for a deliberate intention claim; and (2) Petitioner failed to adduce prima facie evidence giving rise to a genuine issue of material fact with regard to his claim of workers' compensation discrimination.
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