Claimant is a 29-year-old high school graduate who has trade training in masonry. His previous work history includes working in a mill, operating equipment for a lumber company, for a construction company, and as a farm laborer on a cattle ranch. Claimant worked for Employer from November 1996 through October 1999, and then from March 2001 through the date of his alleged accident on September 4, 2003. His initial job was as a packaging mechanic, which required him to lift, squat, and be on his feet most of the time. At some point during his second tenure with Employer, he transferred into the assembly mechanic department, which represented an increase in pay, but also required him to be exposed to higher stress and heat. Claimant worked for the lumber company in between his employments with Employer. He testified he left Employer in 1999 because he was looking for a less stressful, less labor-intensive job, and because he could sit down at the lumber company. This change also coincided with his first back surgery, which occurred in 1999 and is detailed later in the award.
On September 4, 2003, Claimant was working from approximately 3:30 to 12:00 midnight. On that shift, it was very hot and they were understaffed, so things were "chaotic" and Claimant was responsible for multiple machines. His only co-worker was Shannon Patterson, who was not in Claimant's field of sight at the time he hurt himself. Claimant testified that he was working behind a machine when he turned quickly to answer a bell, felt a pop in his back, and experienced a warm sensation down his legs. Claimant found his supervisor, Dave Hunt, who took him to the supervisor's office. Claimant never specifically told Dave Hunt that the symptoms in his leg were work related. While in the office, Claimant's legs went out from under him and he fell to the floor. Dave picked Claimant up. Claimant testified that he did not want to go to St. Mary's, which is why he refused the offer of Frank Neel to call an ambulance. Claimant called his wife and went to St. Luke's instead, where he has a family connection. Claimant testified that initially, only his right leg was symptomatic, but within three or four weeks, the left leg started to hurt and now both legs hurt.
After receiving treatment in the emergency room, the next day Claimant went to see his primary care physician, Dr. Kelly Bain. She obtained an MRI, which had not been previously scheduled. Although her records indicate it, Claimant did not recall a visit to Dr. Bain one week before the accident with complaints of back pain. Claimant then went to see Dr. Chabot who said nothing was wrong. He then went to Dr. Esther at St. Luke's who ran tests which were all negative for alternative sources to his back pain. Claimant then saw Dr. Benzaquen, a neurologist, whose nerve conduction testing revealed permanent nerve damage in his right leg. Claimant then saw Dr. Duntemann, a pain specialist, who provided nerve blocks, epidurals, and pain shots. Under Dr. Duntemann's direction, Claimant underwent his first CT myelogram and began a strong regimen of pain medicine including Methadone, Tizanidine, and pain cocktails. Claimant ultimately came under the treatment of Dr. Youkilis, a neurosurgeon, who performed fusion surgery.
Claimant spoke with Employer's nurse (Pam) regarding treatment. His only current source of income is long-term disability. Claimant was terminated from Employer one year after his accident. With respect to Claimant's personal file and issue of rate, Claimant explained that during the month of July 2003, there was a plant wide vacation scheduled the week of July $7^{\text {th }}. Other employees were off work the week of the 14^{\text {th }}$, although Claimant worked maintenance. The indication "low wp" is possibly a symbol for lack of work. Claimant thinks the plant was shut down during this time. Claimant's net pay, to the best of his recollection, was $\ 1,800 every two weeks.
On cross-examination, Employer's attorney highlighted many inconsistencies in Claimant's testimony. On direct, Claimant was fairly sure he had little or no pain in his back following his 1999 back surgery. He admitted that as someone who has undergone back surgery, he did have some symptoms and was never 100 percent, but he downplayed the severity of any symptoms and claimed they caused him no problems. He also downplayed the existence of any back pain prior to 1999. However, there were many inconsistencies between what Claimant testified to on direct, and what he had previously testified to in a deposition, which Claimant attempted to explain by saying he was under a lot of medication and that his mind was clouded. For example, he denied being severely hurt by cattle, although in his deposition he testified he was laid up in bed, and had symptoms in his low back and legs including shooting pain and numbness. There are also inconsistencies between Claimant's testimony at hearing and the medical records. On August 27, 2003, Dr. Bain noted that Claimant's pain got a lot worse in May 2003, and on November 3, 2003, Dr. Benzaquen, noted that Claimant developed pain and other symptoms one year after his 1999 surgery. Claimant said the doctors who recorded significant complaints of pain between 1999 and his accident were wrong. On redirect, Claimant did admit that he has a very bad memory and that he tried to testify as best he could. He feels he has a bad memory due to the medication he takes.