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Salyers v. Jones Plastic & Engineering Co.9/29/2005
her she observed "a lot of swelling in it around his knee area." Nonetheless, the Worker waited until April 8, 2003 before he went to see a doctor.
Because the Worker waited a period of time before seeking medical attention and also because of statements made by the Worker about his injury, questions continued as to whether the Worker had, in fact, sustained an injury on February 14, 2003, or whether he simply required further treatment due to his old motorcycle injury. The Employer denied the Worker's claim and refused to provide a physician for him. The Worker then selected his own physician, choosing Claiborne A. Christian, a physician who specialized in orthopedics. Dr. Christian's medical records were considered by the trial court by stipulation of the parties. They show that on April 8, 2003, the Worker first went to see Dr. Christian. On that date, the Worker indicated on an "Information Sheet" that the injury was to the right knee and was not related to employment, but on a page titled "Patient Information" signed the same day, he indicated the injury was work-related, though the date of injury was listed as "not sure." The "Patient Information" sheet further indicated that the question was asked "Is this visit related to an injury (not work related)?" to which the Worker wrote "no," and then wrote the following in answer to the causation of his injury: "I was pulling a mold out of a press and I slipped on some oil on the floor and feel (sic) down and my knee was hurt." The physician's note from April 8, 2003 includes: "HISTORY: This patient tells me that he had a motorcycle accident in 1994. At that time he injured his right knee. He has had an MRI that was apparently normal but he still has problems with his knees giving out and locking and catching."
The Worker explained why he completed the information sheets in such a confusing manner. He testified that Dr. Christian asked him whether he had prior injuries, and that he completed the papers referencing his prior injury,
Because the way they told me-the way they explained it, that-`cause I didn't understand the question. I had to ask the lady there. And she told me-she said well, just put down the first time you had an accident. That's what she told me to do so that's what I did.
The question was further complicated by the manner in which the Worker completed a Short Term Disability Claim Statement. The Worker provided information that he had only one child (despite his testimony at trial that he had three children), and then listed the following information:
A. Date of Accident or date you first noticed symptoms of your illness: 1-15-03
B. Describe in detail how, when and where the accident occurred or describe the nature of your illness and its first symptoms: Motorcycle accident-broke ACL ligament in right knee
C. Date you were first treated by a physician: 3-15-03
D. Name, address, and phone number of first treating physician: Dr. Christian [address and phone]
E. Is your condition due to injury or sickness related to your job ? No
F. Have you filed or do you intend to file a Workers' Compensation Claim: No
Lisa Gail Hampton, the payroll clerk for the Employer who also had responsibility for workers' compensation benefits, testified that the Worker told her that the problem "was a motorcycle accident. . . . He said, you know, it was like this prior." She never observed the Worker limping nor did she observe swelling in his knee.
David Davidson, a supervisor for the Employer testified that before the incident of February 14, 2003, the Worker "wouldn't run or nothing out there at work. He's-he
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