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Fielding v. Firestone Bulding Products5/17/2000
appellant had indeed worked on May 4 because he had spoken with appellant on that day about trading a vehicle with appellant. He testified that on May 5, 1998, he picked up the car and was told by appellant that appellant had pulled a muscle at work.
Joe Brewer, former employee of appellee, testified that he was appellant's supervisor during the first week of May 1998. He testified that any time an employee is injured on the job , the proper procedure is for a supervisor to fill out an accident investigation form before the injured employee can leave appellee's premises. He testified that on May 4, 1998, he did not recall whether appellant worked on that date, and that appellant did not report an on-the-job injury to him. He testified that after May 4, 1998, he did not receive a call from anyone indicating a work-related injury. Brewer testified that after May 5, 1998, appellant never gave him an explanation of why appellant was off work. He just assumed that appellant was sick. Brewer testified that he was later terminated by appellee for sleeping on the job , but testified that he wasn't sleeping on the job on May 4 or May 5.
Charles Cooper, product supervisor for appellee, testified that he was never told about any work-related injury involving the appellant. He testified that he was contacted by Betty Guidey, who indicated only that appellant was not coming to work because appellant was sick or had a family sickness. He testified that Guidry never mentioned to him that appellant had suffered a back injury or neck injury at work.
Wilma Pettit, plant nurse for appellee, testified that on appellant's time card for the week of May 4, 1998, there was no indication that any work was performed by appellant. Petit testified that appellant's timecard showed that appellant was sick during the week of May 4. She stated that the first time she knew of a job -related injury in regard to appellant was on July 10, 1998. David Glass, human resource manager for appellee, testified that appellant's timecard for the week of May 4 indicated the word "sick" and that if appellant had suffered a job -related injury, the card would have shown words such as "leave of absence"or "industrial injury." Glass testified that he became aware that appellant was claiming a job-related injury on July 8, 1998. He testified that during his conversation with appellant regarding appellant's injury, he reminded appellant that the first time he had spoken with appellant after appellant had taken off work, appellant mentioned to him that appellant didn't know how he hurt his back and that his injury had "nothing to do with work." Glass stated that he further heard that appellant was performing dozer work while appellant was off work for sickness.
Medical reports revealed that on February 21, 1997, Dr. Chris Primeaux reported that appellant suffered from "hurting in neck-lower part-low back, dull pain up and down, and on the right side." Three days later, Dr. Primeaux reported that appellant's "neck hurt yesterday." On April 18, 1997, Dr. Primeaux reported that the "center of [appellant's] mid low back hurt and right side of low back hurts-2 days." On May 5, 1998, the day following appellant's injury , Dr. Primeaux reported that appellant's "lower back and shoulder blades hurt bad over the weekend, sharp pain, loaded splitter." An MRI exam performed on appellant on June 20, 1998, showed a "moderate to large broad based right paracentral and right lateral disc herniation at C6- 7."
On August 11, 1998, appellant was seen by Dr. Frederick Boop for neck and back pain. In his medical report, Dr. Boop stated that appellant revealed no prior history of back pain or back injury, and that appellant's back p
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