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Flint Construction Co. v. Hall12/30/2004
strop to Flint's business office on April 30. Grams testified that he was not aware of Hall's back injury until he received the faxed documents on April 30. Grams acknowledged being involved after that point with authorizing medical treatment for Hall.
Although all of the other management or supervisory personnel at Flint testified that they knew nothing about Hall's injury or his attempts to obtain medical treatment, Hall testified differently. Hall said that after he notified Grams that he wanted to make an appointment with Dr. Barrineau, James Eaves telephoned Hall's home and left a message with his wife for Hall to telephone him before he went to the appointment with Dr. Barrineau. Hall stated:
"The next morning, I called the office and I spoke to Dooley, which is James Eaves. And he said, 'You need to speak with Nelson [Grams].' And I said, 'Speak with Nelson?' He said, 'Yeah.' I said, 'Put him on the phone.' He said, 'Well, he ain't here right now. He'll probably be back tomorrow.' I said, 'What's this about?' And he said, 'Dr. Barrineau is not on our HMO list.' ... I said, 'Well, he already treated me for my leg.' I said, 'He's not on the list?' And he said, 'Yeah, but you need to take it up with Nelson.' So I said, 'Okay.'"
Hall also testified about a telephone conversation he had with Terry Fuller, the vice president of Flint, while he was in Bastrop.
"Q: You said [a conversation with James Eaves about an expense allowance] was about the time you had the conversation--this is before June 4--
"A: Yes, sir.
"Q: --with Terry Fuller about an MRI?
"A: Yes, sir. It was--when I got off the phone with Dooley, I was still in our office trailer out there in Bastrop, Louisiana. So, I called back and asked to speak to Terry, and I was telling Terry what was going on.
"He told me, he said, 'Well, I hadn't heard you were getting treatment about your back.' And I said, 'Yeah, they denied me an MRI.' He said, 'MRI?' I said, 'Yeah.' He said, 'I had one of those.' He said, 'Man, they put you in something like a tube and it be like somebody hitting it with a sledge hammer.' I said, 'Yeah?' He said, 'Yeah.' And he said, 'It ain't nothing to it. It just make a lot of noise.' And I said, 'Well, they been denying me an MRI.'
"Q: Had you told him that you'd hurt yourself on the Bastrop job ?
"A: Yeah. When I told him that, he said, 'Well, I heard that you wasn't being on the job .' And I said, 'Well, they never told you I was trying to get medical attention?' And he said, 'No.' And I said, 'Well, they never told you a lot of things.' ..."
Kenneth Eaves testified that he was dissatisfied with Hall's attendance record on the Bastrop project. He said that Hall worked fewer hours than the other men and that he was often absent or left work without telling anyone where he was going. Kenneth Eaves said that he telephoned his brother, James, to complain about Hall's attendance and that when James asked him for details, he responded with a memorandum and time records from the Bastrop project. On May 20, 1997, Kenneth Eaves wrote a memorandum to his brother James about Hall's absences from the Bastrop job site. The memorandum stated:
"The time sheets will show that most of the men worked more than the average work hrs, these are the men that are dependable and help Rick's Project. [Hall] has had more than average problems, court dates on Sunday, problems of some kind each weekend, and Doctor's appt's every so often.
"[Hall] has only attended 2 Monday morning Safety Meetings since he started April 7, '97. He has had personal problems to attend to.
"As
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