 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Limbacher v. Penn-Ohio Coal Co.5/31/2002
JUDGMENT: Reversed and Remanded
Plaintiff-appellant John Limbacher appeals from the June 15, 2001, Judgment Entry of the Tuscarawas County Court of Common Pleas granting summary judgment in favor of defendant-appellees Penn-Ohio Coal Co., dba Kimble Clay & Limestone and Kimble Clay & Limestone, Inc.(hereinafter referred to as "Kimble").
STATEMENT OF THE FACTS AND CASE
Appellant John Limbacher was hired by appellee Kimble, a company engaged in the business of surface mining, in 1997. Appellant was hired to operate a machine known as a D-Mag, which is an excavator. In order to operate the machine, appellant was required to use his right foot. On June 5, 1999, appellant injured his right foot when he "had to jump off of a small backhoe to save myself from getting crushed by a truck that was backing into the machine". Deposition Transcript of John Limbacher at 82-83. Immediately following his injury, appellant sought treatment for his injury at the hospital. Subsequently, on June 9, 1999, appellant saw his physician, Dr. Holder, who took him off of work for two weeks. On or about June 11, 1999, appellant filed a worker's compensation claim for his June 5, 1999, injury. The claim, which was certified by appellee Kimble, was subsequently allowed for the condition of "sprain, right ankle and contusion, right foot". When appellant returned to work on June 28, 1999, he worked in the tool room which, according to appellant, was "the job they agreed to give me and that's what the doctor released me to return to". Deposition Transcript of John Limbacher at 109. When appellant was asked whether he eventually began performing other job duties, the following testimony was adduced: A. I was told to do those. It was made clear to me that if I did not do what they told me they made it most evidence that they was going to be as rough on me as they possibly could. Including eventually ending up firing me for it. Q. Who told you that? A. That man right there, Keith Kimble, and Bob Sine. Q. And what did they tell you? A. What I just already repeated to you. Q. Well, I'm asking you specifically what did they tell you? A. I just already repeated that to the best and I'll stand by that answer there and I'll stand by that. Q. When did Keith Kimble tell you that? A. Keith Kimble chewed me out two times. You know.
Deposition Transcript of John Limbacher at 109-110. According to appellant, Keith Kimble, who is appellee's Kimble's President, chewed appellant out the first time after appellant talked to him about filing a worker's compensation appeal. Appellant testified that Keith Kimble "made it most plain.. that if I got a lawyer that he would fight me as hard as he could". Id. at 111. The second "chewing out" occurred after appellant wrote on his time card that he was not being given work within his medical restrictions and then went to see Keith Kimble about getting the tool room clerk job back. According to appellant, during such incident, Keith Kimble "just made it most plain that he did not like welfare programs, Workers' Compensation was a welfare program and that he is sick and tired of people filing for that kind of stuff ..." Deposition Transcript of John Limbacher at 112. The following testimony was adduced when appellant was asked what else Keith Kimball had said to him during the second incident, which occurred on or about July 15, 1999,: A. That he's going to snap me out of it. Q. Did he use those precise words? A. I believe he did. Q. What did you take that to mean, snap you out of it? A. Either I was going to do what he wanted or he was going to fire me. Q. Did he ever tell you specifically he was going to fire you? A. By the operations of his company and by knowin
Page 1 2 3 4 5 6 Ohio Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|