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Wal-Mart Stores2/26/2003
to new locations. During 1995 he resumed freight-hauling out of the company's terminal in Ottawa, Kansas, until, in August 1995, he began driving "claims" runs. This assignment, which involved picking up returned merchandise from a variety of Wal-Mart stores, continued until August 1997 when the injury occurred which is the focus of this appeal.
By all accounts, Caselman has been a valued Wal-Mart employee. Yearly written evaluations based on customer service, safety, team participation, technical skills and driver traits routinely rank him in the "highly effective" category. The general transportation manager at the company's Ottawa terminal described him as a "good driver" with a "very good work record." Evidently a strong and relatively healthy person before his work-related injury , Caselman's work history reveals that he took only one day of sick leave in all his prior years with Wal-Mart. He has been financially rewarded for his hard work, earning nearly $90,000 in gross wages during the year before he injured his back.
Post-surgery is another story. Caselman returned to work at Wal-Mart on December 1, 1997 doing light work at the distribution center. By late January 1998 his surgeon, Dr. Parkins, authorized his return to driving, with a limitation in hours behind the wheel and a weight-lifting restriction. That worked well. Accustomed to working ten-hour days, Caselman drove out and back for a total of six hours on the road (with breaks), finishing up the day with four hours in the office or guard shack. In mid-February, Dr. Parkins released Caselman without restrictions. He resumed full duty, able to secure runs that put him on the road only five hours each way. That changed in early March. Caselman was dispatched on a long run, seven hours in one direction, and the pain in his back and leg returned. He was unable to sleep due to the pain. Despite his protest, Wal-Mart continued to dispatch Caselman on long runs. He was told that giving him shorter runs would show unacceptable "favoritism." His pain worsened over the month and his right leg began cramping and falling asleep. On March 31, as he was driving into Kansas City from St. Louis, his leg went to sleep and he "could not control it." He parked his truck, notified Wal-Mart and was relieved of his duty. He has not worked since that day.
Shortly after the incident in Kansas City, Caselman was examined by a Wal-Mart physician, Dr. David Edalati. The doctor's report recounted Caselman's leg numbness, and directed that unless Caselman could be limited to four-hour drives he should be taken off work for one week. He also ordered an examination by Caselman's orthopedic surgeon. Within the week, Caselman was examined by the surgeon, Dr. Parkins. The doctor reported that Caselman "generally does well . . . when he does not have to drive more than three hours in one direction for a total of 6 hours per day." He entered a work restriction consistent with that finding.
When Caselman returned to Wal-Mart he was told that its policy had changed and he could not return to work unless he could perform 100 percent. He was encouraged to quit and take long-term disability. A memo in Wal-Mart's file reveals a request that Dr. Parkins consider cutting back on his restriction, thereby permitting Caselman to "drive 4 hours, rest, then drive 4 more hours." The memo goes on to state that "Wal-Mart will accommodate light duty for one month" but if the restrictions are permanent "then we will need to do a rating. Even though long hauls are not done much he still has to be able to drive for 8 hrs." A few days later, Dr. Parkins re-examined Caselman, and amended his restrictions accordingly. In October 1998, Dr. Parkins reported that Cas
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