Dodge saw Henderson in January 2006, he believed that Henderson could continue working. Dodge saw Henderson later that month, Henderson claimed to be in pain and unable to freely move his neck. Dr. Tontz concluded that Henderson had "slight restriction of range," and that Henderson could not work. In the meantime, unbeknownst to Henderson or his physicians, Henderson's employer learned that Henderson had been observed at a gym playing basketball. Dodge denied any conversation with Henderson in which he authorized or recommended that Henderson play basketball, Henderson claimed that Dr.

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