Based upon the competent and substantial evidence and my observations of Claimant at trial, I find:
- Claimant is a 61 year-old male who is a high school graduate. He attended a community college for less than one year, then worked as a drill press operator for approximately one year. He then worked on the assembly line at Ford Motor Company for 3 months until they shut down for a model change. Claimant next began working for Employer as a machine operator in August of 1966. He served in the military as a senior welder from 19681970, then returned to Employer as a milling machine operator in Building 27.
- In December 1981, Claimant became a Business Representative for the Union. He worked in an office off campus from 1981 through 1995. As a Business Rep, he investigated complaints. He met with shop stewards and plant managers. During the course of an investigation, he went to all buildings on campus and participated in arbitrations off campus. He continued to work occasionally as a machinist during this time.
- In 1995, Claimant returned to work on the milling machine, and also worked occasionally as a Business Representative. While working as a machinist, Claimant worked mainly in Building 27. This was the machine shop, and at one time it was the largest machine shop in the world. It contains 400 machines which operate all day. It is an open shop with only the grinding room enclosed. The noisiest machine is the Gantry, which makes
bulkheads for the F15 and F18. The Gantry is approximately 30 feet wide and 60-90 feet long, and it operated all day long. The Gantry cuts titanium and aluminum. While working in Building 27, Claimant wore foam earplugs when he thought they were necessary.
- Claimant worked in Building 276 from 2000 until his retirement, for a total of about $1 \frac{1}{2}$ years. He testified Building 276 was noisier than Building 27. 276 had one machine which was high speed and noisier than the Gantry.
- Claimant missed a significant amount of work in late 2002 and into 2003 while recovering from bypass surgery. When he returned to work, he had temporary restrictions and continued to miss time from work. He testified he used all his vacation and sick days and got to the point he felt he could no longer perform his duties. A machinist is required to load and unload machines. Claimant had difficulty reaching over to load the cutters. His co-workers helped him lift the parts. Claimant testified he also fell asleep at the machine and was afraid he would get hurt at work. Because he felt he could not perform his duties anymore, he retired September 30, 2004.
- Claimant had a number of injuries and health problems before he retired. When he was a child, he was crossing the street and a car rolled over his right knee. He does not recall what type of treatment he had, but testified he continued to have trouble with his knee after this event.
- In 1968, while in the military, he developed pneumonia. He was hospitalized for about one week, and his symptoms resolved. The hospital records indicate he had occasional sore throats and "running ears". He was also diagnosed with a strained ligament in his right knee. In 1998 Claimant developed bacterial pneumonia and was hospitalized. He testified the doctor told him this was one of the worst cases he had seen. Since then, Claimant has had constant shortness of breath. He is winded and fatigued, and he feels he never got over the pneumonia. Claimant has smoked $2 \frac{1}{2}-3$ packs of cigarettes a day since well before his retirement. He now is down to about $1 \frac{1}{2}$ packs a day.
- Claimant testified he was involved in a motor vehicle accident in 1991. The medical records indicate the accident occurred in December 1993. He sustained a head laceration and concussion. He also injured his right knee and had surgery consisting of plica resection and tibial chondroplasty in 1994. His knee still gives out occasionally. If he is not able to catch himself, he falls. He has to hold onto the handrail and go down stairs sideways.
- Claimant is 5'11" and weighs approximately 330 pounds. He has had a weight problem since the mid 1990s, and his primary care physician told him he is obese.
- In 1999 Claimant was admitted for repair of a recurrent ventral hernia. He had a previous hernia repair in 1991. He testified he has had a "knot" in his stomach since 1993, but it does not protrude as much since his last surgery.
- In 2001 he was diagnosed with sleep apnea. He was hospitalized in June 2002 for COPD exacerbation and sleep apnea. The doctor recommended he use a CPAP machine. As a result of this condition, he wakes up every few hours because of breathing difficulty and other health problems.
- In October 2002, Claimant had a heart attack and underwent a triple bypass. He developed significant respiratory insufficiency due to his COPD and heavy smoking, and he was intubated for 9 days. He had extensive cognitive and physical rehabilitation. He developed edema in his left leg, which is where the vein was taken for his bypass. He lost about 30 pounds after his surgery. He continues to have swelling in his left leg.
- The records of Claimant's primary care physician, Dr. Paulk, document ongoing treatment for chest pain, congestion, shortness of breath, coughing and wheezing as far back as 2000. By early 2004, the records indicate Claimant was falling asleep at work, and the doctor recommended Claimant return to the sleep center. He also prescribed an inhaler which he opined Claimant would need the rest of his life. He recommended pulmonary rehabilitation and evaluation.
- Claimant first noticed his hearing problems in the mid 1980s while working as a business representative. He could not understand what people were saying in meetings.
- Employer sent Claimant for hearing tests from time to time. His first evaluation was in the mid 1980s, and he got hearing aids in both ears. Since that time, he has had several sets of hearing aids. He testified he got his last set in November 2007 and paid $\ 970.00 for them. Claimant testified each set of hearing aids lasts about three or four years.
- Claimant last worked for employer September 30, 2004. He has not worked anywhere since then. He had no medical restrictions before his retirement, but testified he believes the sleep apnea, knee complaints, COPD and heart condition rendered him unable to perform the essential functions Employer required for him to maintain employment.
- Claimant believes he is unable to work because of his COPD, sleep apnea, edema, obesity, fatigue, diabetes, and "maybe" his hearing loss. He had some physical limitations which affected his work before his bypass surgery in 2002. He testified he is now physically unable to do anything. He gets fatigued if he stands ten to fifteen minutes. After walking about 100 feet, he is fatigued and short of breath and has to rest. He uses a scooter to get around. He doesn't sleep well, and testified he is unable to use the CPAP machine to help him sleep because of his congestion. He lives with his mother, and his daughter cares for them. She cleans the house, and her son does the yard work and maintenance. Claimant spends most of the day watching television or sleeping. He believes his hearing loss has stabilized since his retirement and has not gotten worse. Without the hearing aids, he can not hear conversations. He only hears loud noises.
- Danny Malloy, Claimant's former co-worker, also testified. He worked for Employer 33 years and retired in 2004. He worked in Buildings 27, 276, and 245. He testified Building 27 had the highest noise level. It is
approximately 25,000 square feet and has 300-500 machines operating at all times. Building 276 had the high pitched tones from the high speed machine, and Claimant worked this high speed machine.
- Mr. Malloy testified before Claimant's retirement, he observed Claimant was slow, short of breath, had difficulty lifting parts, and his knee gave out. The job required stooping to lift parts off a pallet and load them into a machine. Machine operators should be able to lift 75 pounds. Claimant could not stoop over and used a crane to lift all the time. He essentially could not do the work. Mr. Malloy also has significant hearing loss, and testified the foam earplugs didn't help reduce the noise.
- Dr. Poetz testified on behalf of Claimant. He reviewed multiple records, examined Claimant, and opined Claimant is permanently and totally disabled and unable to compete in the open labor market due to a combination of his hearing loss and his prior conditions. Dr. Poetz opined continued hearing loss after removal from a noisy environment can be caused by the noisy environment. He opined as a result of Claimant's heart condition, diabetes, COPD, and sleep apnea, any exertion in the workplace puts Claimant at increased risk of acute coronary syndrome and death.
- Claimant's otolaryngologist, Dr. Karen Boone, examined Claimant before and after his retirement. She performed numerous audiograms and provided a number of reports with hearing loss calculations. Her final report was issued in March 2007. Based on audiograms performed in early 2007, Dr. Boone calculated Claimant's binaural hearing loss at 68 %. She arbitrarily attributed 50 % of that loss to his work and 50 % to genetic progressive hearing loss. Claimant wears hearing aids, and Dr. Boone opined he will need them for the rest of his life.
- Employer's otolaryngologist, Dr. McKinney, examined Claimant in January 2006. He performed three audiograms and calculated Claimant's binaural hearing loss at 49.9 %. He attributed Claimant's hearing loss to years of industrial noise exposure. In December 2006, he reviewed Dr. Boone's updated report and agreed with her finding that Claimant had progressive hearing loss not related to his industrial noise exposure. He agreed with her arbitrary assignment of 50 % of the disability related to work and 50 % not work related. Dr. McKinney agreed Claimant will need hearing aids for the rest of his life.
- During his testimony, Claimant frequently coughed and explained he was not used to talking this much. He was short of breath throughout his testimony.