 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Garcia v. Allen6/8/2000
mpensation claim. But the fact that the person making the termination decision had knowledge of the claim, standing alone, does not satisfy the Continental Coffee standard. Id. at 404. Rather, it "simply places [Garcia] within the protected class and must be considered along with the remaining evidence." Id. at 404. Moreover, an employer is permitted to terminate an employee who sustains a job-related injury if it ultimately appears that, due to the nature of the injury, the employee can no longer perform the essential functions of his position. Burfield v. Brown, Moore & Flint, Inc., 51 F.3d 583, 590 (5th Cir. 1995); Schrader v. Artco Bell Corp., 579 S.W.2d 534, 540 (Tex.Civ.App.-Tyler 1979, writ ref'd n.r.e.). Garcia has produced no evidence to establish the causal link between his filing of the workers' compensation claim and his termination. We overrule this point of error and affirm the trial court's grant of summary judgment on Garcia's workers' compensation retaliation claim.
v. Trial Court's Denial of Motion for New Trial
Finally, Garcia contends the trial court erred in denying his motion for new trial urged on grounds of newly discovered evidence. Garcia alleges that a defense witness, Donna Beltran, withheld material evidence from him by denying any knowledge of the facts surrounding the release of Theodore Hernandez in her deposition. Garcia contends that a new trial should have been granted because of the newly discovered evidence in the form of Theodore Hernandez' affidavit.
Theodore Hernandez's affidavit stated that he is a former Celanese employee who worked there almost twenty years, ending in January of 1997. He lost his left arm in an on-the-job accident in 1980, but continued working there until January of 1997, when he was diagnosed with degenerative disc disease. After undergoing physical therapy, he was released to return to work by his doctor, but was told by Donna Beltran that he could not return to work because of his physical limitations. She instructed him to see a different doctor for an evaluation. This doctor said that Hernandez could not return to work because of his limitations related to his missing arm.
Hernandez filed suit against Celanese and Donna Beltran was a witness in the case. Beltran was also one of the persons who notified Garcia that he would not be allowed to return to work because of his limitations. Hernandez states that he believes that Celanese is placing many of its employees on long-term disability in order to reduce its work force.
Garcia contends Donna Beltran gave misleading and perjured testimony regarding Hernandez at her deposition that prevented Garcia from discovering Hernandez' affidavit. We do not agree that Beltran's testimony prevented Garcia from obtaining the evidence from Hernandez. The deposition excerpt that Garcia offered in support of his motion for new trial states:
Q. Did any of the policies that you were working under change between 1991 and 1997 at Celanese about persons that had physical limitations?
A. Not to my knowledge.
Q. Did management attitudes change during that time period about people that had physical limitations?
A. No, sir.
Q. It's my understanding there's a fellow who had an accident and lost a part of one of his arms and was recently released from employment with Celanese. Have you worked on that case?
A. No, sir. I have not.
Q. Are you aware of any case like that from Celanese Bishop plant?
A. I know of an individual who had lost an arm. I don't know the specifics after that.
Q. You didn't do any medical work-up on that investiga
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|