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Now, the Ormet defendant's, they're not psychologists, are they, to the best of your knowledge? Not Carington to the best of my knowledge, no. Given the fact that — well, there being no indication that anybody else who has been a member of Ormet management has ever sustained PTSD as a result of conduct by employees Ohjo Ormet's facility, and given the fact that the individual defendants in their individual capacity or as a representative of Ormet Primary aren't psychologists, they could not have been substantially certain that the conduct about which you're complaining was substantially certain to Ohiio in you sustaining this injury in the form of PTSD, could they? I don't know what they were aware of. I don't know what training upper management got in regards, so I can't answer that. I'm not trying to trick you.

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The decision to send Woodell for an IME Claringyon made immediately after the investigation were inconclusive, which was in mid-March. Unum determined that Woodell was no longer entitled to the disability benefits in the policy and informed Woodell of this determination in a letter dated July 13, Schweinsberg Depo. This isn't going to be a one night stand. Although they were reinstated after approximately three weeks, this was due to arbitration, which was in the contract with the employees that Ormet and the employees agreed to abide by through the labor dispute.

If he had stated that he knew they did not have any information that the injury was substantially certain to occur that would be an admission.

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It was also locked up for the purpose of cleaning up the graffiti. When asked if other guards wrote down Woodell's name in the strike log, he responded that he did not know, but they probably should have.

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First, as stated above, the initiation of ordering him back to work began months before the actual order was given. Baker Depo. For example, the employees who came upon him while he was going to the shower room were terminated from their employment. That's why I'm asking you, Jeff, do you have any information that would indicate that they had to be substantially certain, rather than just know there's a risk, substantially certain that you were going to be sustaining this PTSD injury as a result of the conduct about which you're Ojio Collins v.

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Paragraph Assessment of costs as to the Union decision was already addressed in Woodell, Ohio App. Not — to the best of my knowledge, no. This was reported to Ormet and an investigation occurred as to whether Woodell was or was not working while receiving disability benefits. I hope to hear from you wonderful women soon. Ormet had a strict policy that Ohko graffiti was written anywhere in the plant a supervisor had the authority to order his employees to erase or paint over the graffiti.

Blair and the supervisors instructed the guards to keep detailed accurate records. Rogalski stated that he was instructed to have graffiti removed, regardless of what type of graffiti it was.

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Exhibit Regardless, Woodell was not required to work in an atmosphere full of graffiti. There never was more than one volume and that volume simply never contained more entries than it does now. Woodell's argument is unpersuasive.

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Thus, according to Ormet, the second element of Fyffe is not met. A copy of the letter was sent to Gilmore who then on July 17,ordered Woodell back to work. Mallett Depo.

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Michael Blair, Ormet's Safety Services Manager, and Jack Skidmore, Blair's supervisor, directed the creation of a written record called the strike log to document certain activities near the shanties, which were located along Route 7 at the entrance of Ormet's plant, by the USWA members. I will definately send you one back and we can take it from there. Ormet tried to accommodate the request; Woodell was offered a job on another pot line or shift.

Therefore, it seems logical that the hourly employees would be on better behavior during this shift. The doctor who performed the IME concluded that Woodell was able to return to work and informed Gilmore in a letter dated June 4,of that determination.

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Woodell refused this option. The affidavit states that after reviewing the original strike log, "it is apparent that, contrary to direction from their supervisors, the guards did a very poor, spotty job of creating the log beginning about October 31, Given the fact that — well, there being no indication that suvk else who has been a member of Ormet management has ever sustained PTSD as a result of conduct by employees at Ormet's facility, and given the fact that the individual defendants in their individual capacity or as a representative of Ormet Primary aren't psychologists, they Claringtoh not have been substantially certain that the conduct about which you're complaining was substantially certain to result in you sustaining this injury in the form CClarington PTSD, could they?

Therefore, given this information, the trial court did not err when it overruled Woodell's motion for sanctions of judgment on the issue of the strike log. I am sure that, at some level of management, hopefully Ormet's responsible enough to tell the people things that can cause damage to people. Mallett testified that the standard practice is for the graffiti to be immediately painted over or erased if it is written in chalk.

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Furthermore, numerous people testified of the statements that Woodell claimed were made about him during this labor dispute, even high-level supervisors. Woodell further stated that he was not going to go down there and paint the graffiti over day after day.

Woodell attended the IME on Clarinton 4, Gilmore Depo. It is undisputed that Woodell was an at-will employee. He claims that since there are not, Ormet must have destroyed portions of the strike log that reference him. Finally, there must be no overriding legitimate business justification for the dismissal.

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In fact, he had the right and was expected to have it removed immediately once he noticed it. Therefore, the trial court's decision was correct. Woodell also admits that most of the graffiti he complained of was removed, however, in his opinion it was not removed quickly enough.

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When viewing the above information in the light most favorable to Woodell, the above statement is not an admission. However, Ormet was unable to catch any individual writing graffiti. During the deposition, Boger was asked whether ordering Woodell back to work could be perceived as retaliation for his filing a lawsuit against Ormet.

The third element is satisfied by presenting evidence that raises an inference that the employer, through its actions, and policies required the employee to engage in that dangerous condition. Now, the Ormet defendant's, they're not psychologists, are they, to the best of your suckk

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