This section contains the nature of the case and procedural background.

Dyer (P) lost his right foot in a job-related accident. National (D) placed P on a leave of absence at full pay. P eventually returned to work at his same position but was laid off on March 11, 1983. P sued D for a breach of an oral contract. P claimed that for his forbearance from litigating his claim against D for the injury, he was given lifetime employment. D denied this allegation and sought a summary judgment. D claimed that there was no genuine factual issue and that it was entitled to judgment as a matter of law. The motion was granted to D in that no reciprocal promise to work for the employer for life was present, and there was no forbearance of any viable cause of action apparently on the ground that workers’ compensation provided P’s sole remedy. P appealed.

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