Joseph Bolek v. Pacesetter Corp.

1. Are any benefits awarded herein? No
2. Was the injury or occupational disease compensable under Chapter 287? No
3. Was there an accident or incident of occupational disease under the Law?No
4. Date of accident or onset of occupational disease: September 1, 2001
5. State location where accident occurred or occupational disease was contracted: Greene County, Missouri
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? Yes
7. Did employer receive proper notice? Yes
8. Did accident or occupational disease arise out of and in the course of the employment? Yes
9. Was claim for compensation filed within time required by Law? Yes
10. Was employer insured by above insurer? Yes
11. Describe work employee was doing and how accident occurred or occupational disease contracted: Claimant alleged carpal tunnel syndrome bilateral
12. Did accident or occupational disease cause death? No Date of death? N/a
13. Part(s) of body injured by accident or occupational disease: Both wrists/hands
14. Nature and extent of any permanent disability: None
15. Compensation paid to-date for temporary disability: -0-
16. Value necessary medical aid paid to date by employer/insurer? None
17. Value necessary medical aid not furnished by employer/insurer? None

1. Employee's average weekly wages: $\ 400.00
2. Weekly compensation rate: $\ 266.67
3. Method wages computation: Stipulated

1. Amount of compensation payable: None

Unpaid medical expenses: -0 -

-0- weeks of temporary total disability (or temporary partial disability)

-0- weeks of permanent partial disability from Employer

-0- weeks of disfigurement from Employer

Permanent total disability benefits from Employer beginning, for Claimant's lifetime

1. Second Injury Fund liability: Yes No X Open

weeks of permanent partial disability from Second Injury Fund

Uninsured medical/death benefits

Permanent total disability benefits from Second Injury Fund: weekly differential () payable by SIF for weeks beginning and, thereafter, for Claimant's lifetime

TOTAL: NONE

1. Future requirements awarded: Not applicable

Dependents:

Employer: Pacesetter Corp.

Additional Party

Insurer: Liberty Mutual Fire Insurance Co.

Checked by: DLZ

On August 10, 2004, the parties appeared before the undersigned Associate Administrative Law Judge for a temporary hardship hearing. The Claimant appeared in person and by his attorney, Darren J. Morrison. The Employer appeared by its attorney, Raymond E. Whiteaker. The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, is a party to this claim; however, the Second Injury Fund is excused from participation in this hearing by agreement of all the parties, it being agreed that no evidence adduced at this hearing will prejudice any issue involving the Second Injury Fund in this claim. This claim is consolidated for trial with claims 01-146289 and 01-164373.

The parties have entered into a stipulation as to certain facts which are not at issue in this claim as follows, to wit: On or about the 1st day of September, 2001, Pacesetter Corporation was an employer operating subject to the Missouri Workers’ Compensation Law; the Employer’s liability was fully insured by Liberty Mutual Fire Insurance Co.; on the alleged injury date of September 14, 2001, Joseph Bolek was an employee of the Employer; the Claimant was working subject to the Missouri Workers’ Compensation Law; the employment occurred in Greene County, Missouri, and the parties agree that Greene County, Missouri, is the proper venue for this hearing; the Claimant notified the Employer of his injury as required by Section 287.420; the Claimant’s claim was filed within the time prescribed by Section 287.430; at the time of the claimed accident/occupational disease Claimant’s average weekly wage was $\ 400.00, sufficient to allow a compensation rate of $\ 266.67 for temporary total disability and permanent partial disability; no temporary benefits have been paid prior to the date of this hearing; the Employer has paid no medical benefits prior to the date of this hearing; Claimant’s attorney seeks approval of an attorney fee of 25 % of the amount of any award.

Whether the Claimant sustained an accident/occupational disease.

Whether the accident/occupational disease arose out of the course of and scope of employment.

Whether the accident/occupational disease caused the injuries and disabilities for which benefits are now being claimed.

Whether the Employer is obligated to pay for past medical expenses.

Whether the Claimant has sustained injuries that will require future medical care in order to cure and relieve the Claimant of the effects of the injuries.

Claimant is a male aged 29 years at the date of the hearing. Claimant testified that he currently resides in Cortland, Illinois. Claimant testified that he graduated high school from Stockton, Missouri, High School and attended Southwest Missouri State University for a time earning 15-20 credit hours. Claimant further testified that after several temporary employments, Wurth Supply Company employed him in January 1999 as a bin runner and that his job task was to obtain bolts, nuts, and various small supplies in order to package the item for delivery to customers. He would also remove items received from inventory and put the items into bins awaiting sale and shipping. Claimant testified that he did this job task for about six months when he started having complaints of pain in both of his hands and wrists, the right greater than the left. Claimant reported these complaints to his supervisor who caused Claimant to be treated by Dr. McMurray. Claimant testified that Dr. McMurray diagnosed Claimant with tendonitis of both wrists and prescribed some anti-inflammatory medication and physical therapy.

Claimant testified that after his treatment regimen was completed, he was moved out of the job of bin runner and was placed in the warehouse as order filler and that after the change in work assignments, Claimant had no problem with pain in his wrists. Claimant further testified that he was thereafter promoted to inside sales purchasing manager where he sold items to walk-in customers and acted as purchasing manager to order inventory and to find new products for the Employer to sell. Claimant testified that he had no problem with either of his wrists while working as a sales/purchasing manager. Claimant left the employment of Wurth Supply Company in February 2001.

Claimant testified that in July or August 2001, the Pacesetter Corp employed him. Claimant was employed for about two months as a sales representative. Claimant's job task included making appointments with people to sell doors, windows, patio covers, and sidings. Claimant testified that he normally would call on two customers per day and that his job did not involve any repetitive tasks to demonstrate products to prospective customers. Claimant testified that he suffered no effects to either hand or wrist during his employment at Pacesetter and that he neither sought nor had any treatment for either of his hands or wrists while employed at Pacesetter.

On October 10, 2001, current Employer employed Claimant. Claimant testified that at the time Silgan hired him, he was given a physical exam administered by Dr. Schrunk. The result of Dr. Schrunk's pre-employment physical was that Silgan hired Claimant. Claimant was assigned to the job of "slitter operator", which entailed Claimant handling chipboard and metal to be used in the manufacturing of various types of cans for soups, Slimfast, and other products.

Claimant testified that he worked 12-hour shifts and that he worked four days on and four days off. Claimant's job task as a slitter operator was to feed tin into a machine. The tin was placed in stacks. Claimant would pick up stacks of tin and feed the stacks of tin into the machine. The pieces of tin were approximately 7-8 inches x 5-6 inches wide, the stacks were about 4 inches tall each and weighed about 35 pounds for each stack. Claimant stated that he did not personally know how many pieces of tin he handled per shift but that it was his understanding that he would handle about 100,000 pieces of tin per each shift.

Claimant testified to perform his job task, he would retrieve a stack of tin, located about five feet above the floor, from a machine and carry it about 6-7 feet to the hopper, which was located 4-5 feet from the floor. Claimant

testified that the hopper was about the level between his waistline and his chest. Claimant further testified that the pieces of tin were slippery and that he had to keep the stack in good alignment in order for the tin pieces to feed into the hopper properly.

Claimant testified that after about two weeks doing the slitter operator job, his hands and wrists began to be painful. He stated that his hands would swell from just below his wrists and into his hands. He also stated he would wake up at night with pain in his hands. Claimant stated that he told his supervisor about the pain in his hands and wrists and that the swelling in his hands was making it difficult to pull the pieces of tin off the machine. Claimant testified that he was told that he had to give it time for his hands to adjust to this type of work. Claimant further testified that the pain complaints did not subside but got worse until his hands would hurt every time he picked up a stack of tin pieces. Claimant requested to his supervisor that treatment be provided and Claimant was sent to Dr. Schrunk for treatment and referred to Aurora Hospital. Claimant was no longer employe