BECKLEY -- A man is suing his former employer for allegedly firing him for filing a compensation claim.

Scott Allan Smith filed a complaint May 22 in Raleigh Circuit Court against Alpha Natural Resources Services LLC.

Smith worked for Alpha until last year, when on June 17, 2014, the lawsuit states, he broke his right hand at work.

While being treated, the lawsuit states, Smith also informed his employer that he was filing a workers' compensation claim, since his injury was work related.

His doctor told him not to return to work on that day. He filed for his claim on the same day of his injury. His doctor allegedly told him to stay away from work until Oct. 15. When Smith returned to work on that date, though, he was told by his manager that he was being terminated, the lawsuit states. He was 42.

Citing workerss compensation discrimination, disability discrimination and intentional infliction of emotional distress, Smith seeks unspecified compensatory and punitive damages; pre- and post-judgment interest; attorneys' fees and court costs.

The plaintiff is represented by Stephen B. Farmer and Matthew H. Nelson of Farmer, Kline and Campbell PLLC in Morgantown.

Raleigh Circuit Court case number 15C414K.




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