WILLIAM SILVERSTEIN, Plaintiff 
(Counterclaim-Defendant), 

v.

MICROSYSTEMS SOFTWARE, INC., and THE LEARNING COMPANY, INC., Defendants 
(Counterclaim-Plaintiffs)

I, Larry Mason, hereby depose and state the following:

1. I began working for Microsystems Software, Inc. in 1994 as a software programmer. In August of 1994, I became William Silverstein's supervisor, and remained his supervisor until he was discharged in September, 1996. Today I am the Vice President of Research and Development for the Internet Solutions Group of The Learning Company Division of Mattel, Inc., which acquired The Learning Company in 1999.

3. Silverstein first reported to me that he had a problem with his wrist in May of 1995. Immediately thereafter and continuing until his termination, I conferred with Silverstein about his condition, and MSI then provided a number of accommodations to enable him to continue to work at MSI. Shortly after he reported that he was experiencing wrist discomfort as a result of work on his computer keyboard, MSI provided him, at his request, an adaptive computer keyboard, which he hoped would reduce his reported discomfort. MSI also purchased an AB Box, a switch that enabled Silverstein to use his personal keyboard in addition to MSI's keyboard. Thereafter, MSI provided Silverstein with ergonomic seating. Silverstein's work environment also was reviewed by an ergonomic consultant referred by MSI's worker's compensation carrier, and MSI abided by the consultant's recommendations. In addition, MSI provided keyboard support from other MSI personnel and assigned Silverstein non-keyboard tasks, so that Silverstein could minimize his time at the keyboard.

4. In addition to the physical adjustments MSI made to Silverstein's work environment, MSI accommodated Silverstein's condition by permitting numerous extended absences and leaves for medical treatment and physical therapy over a 15-month period. Just for the period from May 27, 1996 to September 17, 1996, the period immediately preceding the unauthorized absence that precipitated his termination, Silverstein missed no less than five full-days and six half-days for reasons attributed to treatment of his condition. In late June, 1996, Silverstein provided a doctor's note indicating that he needed to be away from the keyboard for 18 hours following acupuncture treatment. MSI abided by this restriction. However, instead of coming to work and performing non-keyboard tasks, Silverstein on occasion simply did not report to work at all following acupuncture treatment.

5. When Silverstein informed MSI that he needed to reduce his time on the keyboard, MSI offered to provide him with voice-recognition software so that he would not need to use the keyboard as much. Silverstein rejected this offer as unworkable.

7. On August 21, I spoke with Silverstein about his request for a leave of absence, and I memorialized that conversation in a memorandum, dated August 21, which Silverstein received and signed. I made clear that MSI needed "clear written documentation" stating that Silverstein needed the time off for medical reasons. I also made clear that if Silverstein took an unauthorized leave of absence, he would be terminated in accordance with MSI's absence policy.

Signed under the pains and penalties of perjury this 26th day of October, 1999.