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Webb Wheel Products12/30/2004
e, he says, the facts are disputed as to whether Webb Wheel laid him off or discharged him on October 19. Hanvey emphasizes that on his first day back at work after he injured his back at work he was not allowed to return to his drill-press job, he was assigned to a more strenuous job in the woodpile, and he was assigned a new supervisor, Hale, who informed him that he would be fired if he did not wear his back brace. The next day, Hanvey says that after he asked for pain medication for his back, Hale left him waiting for two hours and then returned with Hill. Hanvey then met with Hill, who, Hanvey says, told him that Webb Wheel had to "let him go because of back"; according to Hanvey, Hill did not say anything to him about his being laid off. It is undisputed that Hanvey was the only employee whose employment ended on October 19 and that his employment ended less than three months after he was injured and instituted his workers' compensation claim. Hanvey argues that all of the foregoing establishes that Webb Wheel did not, in fact, lay him off but instead discharged him.
A review of the record reflects that the evidence concerning the critical issue of what happened in the meeting between Hill and Hanvey is far from clear. Hill disputes Hanvey's account of what was said in the meeting. In addition, both Hill and Hanvey provided contradictory testimony concerning what information was included on the exit report at the time Hanvey signed it.
During his direct examination, Hanvey testified:
"Q: Where did Phil Hill take you?
"A: To his office.
"Q: Did you go up there with him?
"A: Yes, sir.
"Q: Was anybody else in the room with the two of you?
"A: No, sir.
"Q: What happened in the room?
"A: He told me they were having to let me go because of my back.
"Q: What did you say to him?
"A: I told him I expected that.
"Q: Why did you expect it? Why did you tell him you expected that?
"A: All the trouble I was having trying to get my checks and get my bills paid.
"....
"Q: Now, when Phil Hill told you that they were going to let you go because of your back, did he tell you at any time during that conversation, Josh, we have got an economic downturn, our profits aren't good, our orders aren't good, our warehouse is full of stock, did anything like that come up in the conversation?
"A: No, sir.
"Q: When Phillip Hill told you that they were letting you go because of your back, did he tell you, Josh, this is only going to be temporary, as soon as orders pick right back up we'll get you right back in?
"A: No, sir.
"Q: When he told you that about letting you go because of your back, did he say, Josh, you need to get back in to see the doctor, let me know and I'll get that lined up with Ms. Alward or Granville Hooper or whoever is going to do it, did anything like that ever come up?
"A: No, sir.
"Q: When he made that comment to you and told you they were going to let you go, did he give you a piece of paper that he wanted you to sign, an exit report where you would put your name on it?
"A: Yes, sir.
"Q: We have a blowup of this somewhere that everybody knows what we are talking about. Mr. Hanvey, when you signed it, on Exhibit 15, was there any writing below your signature?
"A: I don't remember anything.
"Q: It was just this information up top?
"A: Yes, this.
"Q: Your name on the left and then over on the right side the date, hire dat
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