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State v. Black11/2/2005
I. Background
Nora Farley, the manager of personnel services for Service Transport, Inc., testified that Defendant was employed by the company as a truck driver in 1999. Ms. Farley said that Defendant filed an "application for group disability benefits" on December 1, 1999, stating that he had hurt his back "getting out of bed." The application contained a physician's statement from Dr. John B. McLaughlin. Dr. McLaughlin stated that an MRI revealed central disc protrusions in Defendant's spine and recommended further treatment by Dr. McDonald Burkhart, an orthopedist. Dr. McLaughlin indicated on the form that Defendant's injury was not work-related.
Ms. Farley said that Service Transport switched disability insurance providers about the time of Defendant's injury. Defendant's initial injury report was filed with BMA, the company's new provider. Defendant, however, was required to file a second injury report with the company's former disability insurance provider, Guarantee Life Insurance Company, because the injury occurred prior to the change in insurance providers. Defendant filed the second application for short-term disability benefits on January 7, 2000. In this application, Defendant stated that his lower back hurt because of an accident, and Defendant also stated on the application that he did not plan to apply for workers' compensation benefits.
Ms. Farley said that Defendant applied for long-term disability benefits on May 23, 2000 after his short-term disability insurance coverage expired. On this form, Defendant said that he had hurt his back while lifting a pallet. Ms. Farley said the insurance provider questioned the claim because of Defendant's explanation for his injury. Ms. Farley told the company that Defendant had not received workers' compensation benefits as a result of his injury, and Defendant's claim for long-term disability insurance benefits was approved.
Ms. Farley testified that Defendant telephoned her in the fall of 2000. He asked her if the company had a copy of an accident report he had previously filed concerning a work-related injury he sustained in September 1999, in Indianapolis. Ms. Farley told him that she did not have a copy of the report.
Ken Hounshell, the manager of the company's terminal in Kingsport, said that in the fall of 1999, Defendant told him he had injured his back Mr. Hounshell said that he asked Defendant on three different occasions whether or not the back injury was work-related, and Defendant always said that it was not. Mr. Hounshell reported the injury to Ms. Farley, and he told her that Defendant's injury was not work-related.
Mr. Hounshell said that Defendant called him a few months later and said that he had been injured in Indianapolis in 1999. Defendant asked for a copy of the accident report. Mr. Hounshell told Defendant that he did not know anything about the injury. Mr. Hounshell searched his records for a copy of the accident report but did not find it.
Mr. Hounshell said that the company sent its inter-company mail via the tractor-trailers that traveled between the various terminals. Inter-company mail was placed each day in a basket in the dispatcher's office, and placed on the appropriate truck at night. Any employee had access to the mail basket, and the truck drivers came through the dispatcher's office during the night when Mr. Hounshell was not at work.
Charlie Howard, an employee of Service Transport, testified that he noticed in the fall of 1999 that Defendant was not driving his truck. Mr. Howard's supervisor told him that Defendant had injured his back. Mr. Howard said that he did not help Defendant fill out an accident repo
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