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behind and near Maylon as Maylon was getting up from the squat. Rubio's right hand was <br />extended toward Maylon as if to take a tool out of Maylon's pocket. Maylon lost his balance. <br />Maylon grabbed Rubio and they rolled down the bank. As they walked up Rubio said his hand <br />hurt. Rubio did not then say how his hand got hurt. <br />Rubio says the incident happened as foUows: Rubio was standing by the truck, Maylon <br />walked up grabbed Rubio Is finger, twisted it, breaking it, for no known reason. Rubio then <br />got Maylon in a bear hug, picked Maylon up and they rolled down the slope wrestling. <br />After they walked back up Rubio asked his Supervisor to have him taken to the hospital <br />due to his injury. About an hour after the incident, Joanne Knowles, a city employee who <br />deals with employee injuries, received a phone call from the medical facility where Rubio was. <br />In her written statement of events, she relates as follows.- <br />"I <br />ollows. <br />"I received a phone call from Lori Carter at Occupational Health Services, the <br />City's industrial medical clinic. Lori told me that she had an injured employee, <br />of the City, named Guadalupe Rubio, who she thought I might want to speak <br />to. She said from what he was saying, regarding the accident, there may be <br />some horseplay involved regarding his iqjury. I asked her, what do you mean <br />by horseplay? She said, actions that may not be work related. At this point, <br />I told her to put him on the line. <br />Guadalupe Rubio then took the phone. I said, "Can you tell me, Mr. Rubio, <br />what happened at work today to cause this i1jury?" he said, "We were at `M' <br />Street working, and me and Victor were messing around. " I said, "Victor, you <br />and Victor Maylon?" He said, "Yes. " I said, "What do you mean by messing <br />around?" He said, "I asked him to stop bending my finger back, and he just <br />kept pushing it, then I heard a loud crgacking sound and I knew my finger was <br />broken, he did it on purpose. " He then asked me if he could file against Mr. <br />Maylon regarding this injury. I said "you could check with the Police <br />Department. " I asked him if he had reported this accident to his Supervisor or <br />talked to Gale Drews. He said, "No, not yet, I came right to the clinic. " At <br />this point, I told him to be sure to go to Gale Drews, first thing in the morning, <br />and tell him exactly what happened to cause this iqjury. He thanked me and <br />then hung up. <br />The next day, I called Mr. Rubio at home. <br />-2- <br />