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Flint Construction Co. v. Hall12/30/2004
Eaves gave him the option to choose where he would prefer to go, and he chose Bastrop. Hall said that he informed both Eaves and Grams, the safety director, at the safety meeting that he had a doctor's appointment the following Monday, but that on Monday morning, Eaves telephoned him at home and asked why he was not in Chattanooga. Hall said when he reminded Eaves he had a doctor's appointment, Eaves said, "you refusing the work?" Hall said he told Eaves that he was not refusing the work, but that he had to keep his appointment. At that point, Hall said Eaves said to him, " ell, we don't have to pay you another dime on your knee." Hall said he then reminded Eaves that Eaves had given him the choice of going to Chattanooga or to Bastrop, and, although he said he was prepared to go to Bastrop, he asked Eaves what he wanted him to do. Hall said they had an understanding that he was to go to Bastrop, but that Eaves telephoned him later in the week and told him he was needed on a job in Tuscaloosa. After he was no longer needed in Tuscaloosa, Hall said, he went to work on the job in Bastrop.
Flint assigned Hall to the project in Bastrop in April 1997. The supervisor in charge of the Bastrop project was Kenneth "Kimbo" Eaves, James Eaves's brother. Hall reported to work in Bastrop. Hall testified that on April 8, 1997, he hurt his back while trying to help another worker pick up a concrete form. He says that after he picked up the form, he realized that his left knee would not bend to allow him to put the form down and that when he bent over to put the form down, he strained his back. Hall says that the pain radiated into his right leg.
Hall testified that he continued to work on the day of the injury and for several days thereafter until his pain became so severe that he was forced to seek treatment. He saw his family physician at home and then sought chiropractic care in Bastrop. In order to see the chiropractor, Hall had to obtain permission from Flint. Hall says that he gave the necessary form for medical treatment to Kenneth Eaves, who faxed it to Grams and later returned the completed form to Hall. Hall saw the chiropractor for several days, but he said that the treatments did not relieve his pain. He then attempted to see the orthopedic surgeon who had been treating him for his knee injury, Dr. Bony Barrineau, but experienced problems getting that visit authorized by Grams and Business Insurance Company ("BICO"), Flint's workers' compensation insurance carrier at the time. When Hall was able to see Dr. Barrineau, the doctor recommended that he have an MRI. Hall again experienced problems getting that procedure authorized by Grams and BICO, but after several days, he was able to obtain the MRI. Hall said that while he was waiting to obtain the authorization for the MRI, Grams told him to stay at home instead of going back to the job in Bastrop. Hall's MRI was inconclusive, and he then underwent a myelogram. Flint provided medical treatment for Hall's back injury and temporary disability benefits associated with that injury in response to his workers' compensation claim.
Hall testified that shortly after the injury he reported his back injury to Richard Van Skike, another supervisor, because Kenneth Eaves had taken time off to attend his grandfather's funeral. The record reflects that Eaves was away from the Bastrop job site on April 9 and 10. Hall stated that Van Skike told him that he would take care of the paperwork relating to the injury. The record contains a "First Report of Injury" form dated April 8, 1997, that was faxed from Bastrop to Flint's business office on April 30. The record also contains a request for authorization of the chiropractor's treatment that was faxed from Ba
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