Claimant testified he began performing maintenance work for the employer in approximately 1999. He testified that his duties varied including such things as painting, driving the bus, changing light bulbs, working in the kitchen, and just "whatever needed to be done".
Claimant testified that on May 10, 2006, he and a co-worker, Charles Hammers, had taken a 42 foot by 12 foot large roll of carpet off a truck, placed it on a cart and rolled the carpet to the door where it was to be unloaded. Claimant testified this roll of carpet was larger and heavier than what they would typically use. Claimant and Mr. Hammers got on each end of the carpet and lifted it off the cart. Claimant was surprised by the weight of the carpet, lost his grip and dropped the carpet.
Claimant immediately felt a "terrible pulling" in his right side at or just above the belt line. He testified that he then went downstairs and told Lois Walker, employer's manager, that he injured his side while lifting the carpet. He testified he was not told to fill out a report. Since the accident occurred shortly before his normal quitting time, Claimant remained at work but went home a little early that day. That evening Claimant woke up witha knot protruding from his side.
Claimant then went to see Ms. Kathy Batton, a nurse practitioner with whom he would normally treat. Ms. Batton suspected a hernia and referred him for a CAT scan. After seeing Ms. Bratton, Claimant testified he went in and saw Ms. Walker and told her he probably had a hernia. He said Ms. Walker felt the knot on his side and said "Oh God!"
Following the CAT scan, Claimant was told that not only did he have a hernia but he also had colon cancer. Treatment then focused on the colon cancer as the doctor said the hernia could not be repaired until he recovered from the colon surgery. Claimant stated that he did continue to work up to the colon surgery on June 7 but did not do any strenuous work during that time. Claimant testified that he spoke frequently with Ms. Walker during the time leading up to the surgery. When Claimant was informed he could return to light duty after the surgery, he called Ms. Walker but was informed that he had quit and no longer had a job.
Claimant testified that he had a prior back injury in 1990 or 1991 and began drawing railroad disability payments in either 1992 or 1993. Claimant testified that he had spoken to an attorney about working while drawing the railroad disability and based upon his conversation with the attorney he called himself an independent contractor when he began working for the employer. He acknowledged he plead guilty to a felony of receiving pay and disability at the same time. Claimant was placed on probation and ordered to make restitution in the amount of $\ 127,000 one-half of which he has presently repaid.
Charles Hammers testified on behalf of the employer/insurer. Mr. Hammers denied Claimant stated that he had hurt himself while lifting the carpet on May 10, 2006. Hammers did acknowledge they would move carpet from a truck inside maybe every 3 weeks. Ms. Walker or the Claimant would go pick up the carpet and would usually take the Claimant's truck. Hammers did not recall the employer changing to a different type of carpet in 2006 and did not recall the carpet ever being more than 25 feet.
Ms. Lois Walker, employer's manager, also testified on behalf of the employer/insurer. Ms. Walker denied Claimant ever told her that he had hurt himself at work lifting carpet. She did recall Claimant asked her to feel his side and that she responded "Oh God". Ms. Walker stated she did not learn Claimant was alleging a work related accident until she received the Claim for Compensation in July 2006. Initially, Ms. Walker testified the rolls of carpet were 12 feet by 28 feet but later admitted the carpet rolls could have been up to 42 feet.
Ms. Walker testified Claimant was paid as an independent contractor and would submit invoices of his work in order to be paid. Both Claimant and Ms. Walker stated that the invoices were a summary and did not include an extensive list of all duties the claimant might have performed on any given day.
Having carefully considered the testimony of the Claimant, Mr. Hammers and Ms. Walker I find the Claimant's detailed description of the events occurring on and shortly after May 10, 2006 to be credible and worthy of belief.