ALAYON v. DELTA AIR LINES, INC.

No. 10-99-297-CV.

59 S.W.3d 283 (2001)

Henry ALAYON, Appellant, v. DELTA AIR LINES, INC., Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled October 17, 2001.


Attorney(s) appearing for the Case

John E. Wall, Jr., Law Office of John E. Wall, Jr., Dallas, for appellant.

Stephen F. Fink, Bryan P. Neal, Thompson & Knight, Dallas, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

PER CURIAM.

Henry Alayon worked for Delta Airlines, Inc. for fourteen years. He injured his right elbow in 1995 while picking up a bag as a Senior Customer Service Agent. As a part of his job, Alayon was required to be able to lift a minimum of 70 pounds. After being injured on the job, he was restricted to lifting only 50 pounds. Alayon filed a workers' compensation claim. Eighteen months later, Delta discharged Alayon. Delta contended that because...

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