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Bradley v. Administrator9/25/2000
Debbie started Computer Emporium, she worked with them at 5 Village Square in Glendale, for which she was compensated by Computer Emporium.
Bradley testified that he hurt his back while loading the desk onto the U-Haul truck. He did not complain until later because there were no supervisors present at the time. After he was laid off from Tri-State, he returned in November 1993 to pick up a refrigerator he had left at the company. He testified that he carried the refrigerator up a flight of steps and loaded it on his truck with the help of Grinstead, Jr. Before being referred to Dr. Corson by counsel, he had not sought treatment for at least eighteen months. Bradley admitted that at the time of his injury Tri-State's only location was at 5 Village Square in Glendale.
Dr. Corson testified that Bradley was referred to his Lawrenceburg, Indiana office in March 1997. He took a full verbal history from Bradley, including injuries Bradley had suffered when he was younger. He secured Bradley's previous records from CCC. He believed that Bradley's claimed injury was a "competent producing cause" of his present condition. When Dr. Corson sought to testify about what the CCC records showed, opposing counsel for the Administrator and Tri-State objected, arguing that they had not been given timely notice of the records and that the records were not properly authenticated. The trial court sustained the objection. When Bradley sought to introduce the records into evidence, the trial court refused to admit them on the same grounds. Dr. Corson was permitted to base his conclusion regarding Bradley's injury only upon his own examination.
The Administrator and Tri-State presented Grinstead, Jr., Grinstead, Sr., and Deddens as witnesses. Grinstead, Sr., testified that he did not see Bradley display any sign of injury or discomfort when moving the furniture. Grinstead, Jr., testified that he was told by Bradley of the alleged injury on Thursday, August 5, 1993, and that Bradley said he was injured at the Glendale office, not at Grinstead, Sr.'s office. Grinstead, Jr., testified that he told Bradley to see a doctor, but did not refer Bradley to CCC. Nor did he help Bradley move the refrigerator, although he observed Bradley move it without help. As of the first week of August 1993, when Bradley allegedly filled out the workers' compensation claim application, Grinstead, Jr., had yet to even see the Fairfield location to which Tri-State moved.
Deddens testified that he was present when the furniture was unloaded at the Glendale office. He stated that he and Earl Burt helped Bradley unload the furniture, including the desk. He testified that Bradley was upset about having to move the furniture, and that Bradley was swearing and throwing things around in anger. That day and the following week, he heard no complaints from Bradley regarding an injury, although Bradley soon began wearing a back brace. Deddens testified that he observed Bradley remove the refrigerator, using a two-wheel dolly, pulling the refrigerator up a flight of stairs and loading it onto his truck by himself.
The jury returned a verdict that Bradley should not be entitled to participate in the Fund. The trial court duly filed a judgment entry on the verdict. Bradley appeals, raising three assignments of error.
Assignment of Error No. 1:
THE TRIAL COURT ERRED AS A MATTER OF LAW IN GRANTING TRI-STATE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DISMISSING APPELLANT'S SECOND CAUSE OF ACTION.
In his first assignment of error, Bradley contends that the trial court should not have granted Tri-State's motion for judgment on the pleadings and for summary judgment. Bradley argues
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