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Flint Construction Co. v. Hall12/30/2004
ensation claim and the termination of his employment. Hall did not offer substantial evidence indicating that there was such a causal connection. The evidence indicating that an executive at Flint had told Hall how much his knee injuries had cost the company may tend to show a negative attitude about Hall's injuries, but Hall did not offer evidence that tends to show that such a negative attitude about the cost of his knee injuries led Flint to terminate Hall's employment. Nor has Hall offered other evidence beyond the speculation that, if Hall was not discharged for gambling and there were conflicting statements as to whether he was discharged because there was a lack of work for him or because he had missed more work than anyone else ever had, then, ipse dixit, Flint must have discharged him solely because he was injured and filed a claim.
Because I believe that Hall did not offer substantial evidence indicating that he was discharged "solely because ha instituted or maintained action against [Flint] to recover workers' compensation benefits....," * 25-5-11.1, Ala. Code 1975, I respectfully dissent.
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