Nestor v. Bruce Hardwood Floors, L.P.

This is an appeal by Dale G. Nestor of an order from the Circuit Court of Tucker County granting summary judgment in favor of Bruce Hardwood Floors L.P., dba Bruce

*694Hardwood, a Division of B.H.F.G. Corporation (“Bruce Hardwood”).1 The trial court ruled that Nestor’s workers’ compensation discrimination claim against Bruce Hardwood, Mr. Nestor’s former employer, failed ¿s a matter of law. Mr. Nestor contends that summary judgment was improper.

We conclude that Mr. Nestor has set forth a prima facie case of workers’ compensation discrimination, and that there are material facts at issue that make…