 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
BEAULIEU OF AMERICA5/10/1996
Kenneth E. Kilgore sued his former employer, Beaulieu of America, Inc., alleging that his employment had been terminated in retaliation for his having filed a workmen's compensation claim. A jury returned a verdict in favor of Kilgore and awarded him $65,179. The trial court entered a judgment in that amount for Kilgore. Beaulieu appealed to the Alabama Supreme Court, which deflected the case to this court pursuant to ยง 12-2-7(6), Ala. Code 1975.
The evidence adduced at trial tended to show the following: Kilgore applied for a job at Beaulieu in March 1989. He was called back to Beaulieu for a second interview, at which time he completed a "Health Questionnaire." Question 73 of the questionnaire asked whether the applicant had "ever filed a compensation claim or received benefits as a result of an industrial injury or disease?" Kilgore testified that when he read that question, he told Julie Shiflett, the personnel director at the time, that when he had worked at Shaw Industries he had pulled a groin muscle and had been out of work for two or three days. He said Shiflett asked whether he had filed a workers' compensation claim against the company. He told her that he had not, but that he had received a check from the company. Kilgore testified that Shiflett said, "Well, put down 'no' if you didn't file for any." Question 74 asked whether the applicant had "lost time from work due to illness or injury in the past two years?" Once again, Kilgore checked "no." However, Kilgore said he told Shiflett he had had injuries to his ankle and hand. On Kilgore's application, Shiflett wrote that Kilgore had broken an ankle two years before and that he had had an operation on his hand.
Beaulieu, which manufactures carpet yarn, hired Kilgore, and he began working in May 1989. In September 1990, he injured his arm while on the job , and he did not return to work until February 25, 1991. He received workers' compensation benefits for the time he was out of work. On Kilgore's first day back on the job, he injured his back while repairing machinery. Kilgore testified that on his next shift he notified his supervisor, Lyle Peters, of the injury. As a result of his back injury, Kilgore was again off work from February 25 until July 7, 1991. He received no workers' compensation benefits during that time, although he says he filed a claim for benefits.
While Kilgore was out of work for his back injury, Beaulieu learned that he had been injured when he worked at Shaw Industries. Brenda Weatherby, Beaulieu's personnel administrator in 1991, testified that she contacted Anita Burton at Shaw and asked whether Kilgore had had a workers' compensation injury when he worked there. According to Weatherby's testimony, Burton told her that Kilgore had been out for three days with a groin injury and that he had received some compensation for that injury. Weatherby told Beth Maury, Beaulieu's human resources manager, what she had learned from Burton. Weatherby testified that she believed that Maury then checked Kilgore's health questionnaire and determined that he had not disclosed the injury on the questionnaire or on his application. Maury met with Joel Deason, director of human resources, to discuss what disciplinary action should be taken against Kilgore. Deason testified that Beaulieu's policy was to immediately terminate the employment of anyone who had falsified company documents, if the falsification could be proven. Because of this policy, he said, he would have directed Maury to terminate Deason's employment.
Kilgore testified that when he returned to work on July 7, he was told to report to the personnel office and that when he did he was confronted with the discrepancy between his
Page 1 2 3 4 5 6 7 8 9 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|