Employee is 40-years-old, right handed and worked as a metal trades journeyman for a number of employers in the past, cleaning drains, assisting plumbers, irrigating land, and working with sprinkler systems. Employee began working for employer in July 2005 and worked 38-50 hours per week at $\ 22.70 per hour. Employee worked for employer from his home out of a service van. He did not work in the shop very much. His work duties varied daily. He cabled sanitary and storm drains, and performed high pressure line cleaning known as "jet work." He backfilled and raked dirt, placed it in mounds, seeded it and spread it with straw.
Employee performed three types of cabling: rooftop, in-house, and in-yard. Employee testified cabling was performed through a roof vent. Employee testified there was "extreme vibration" when pulling against gravity to lift cable 25 feet out of the vent. A hand trigger was used to keep the floor machine from "flipping," while maintaining balance on the roof.
Employee testified he experienced vibration in the yard when pushing a cable through a drain because the cutter would "bind up" causing the cable to "spring and bounce." Bouncing made it difficult to control equipment.
Employee testified that pressing the cable lever caused vibration from his fingers to his bilateral shoulders.
Employee used the lever to stabilize equipment. In basements, employee testified he pulled toilets and manually fed cable through traps.
Employee cabled three to four days a week, $61 / 2$ hours per day. The remainder of the week he assisted plumbers and excavation crews with digging and installing pipe. He testified he operated an electrical jack hammer 10 to 15 times per year. Employee testified he felt vibration from his fingers to his shoulders and neck when he used the jackhammer. He also testified he poured and removed concrete.
Employee dug ditches using a hand shovel and handpick. Employee testified he dropped "shoring" in the hole and held it while a co-employee pumped hydraulics. Employee identified Exhibit E-1 as a photograph of a Makita, $3 / 4$ inch hand drill which he has owned since April 2006, and is similar to the one he used while working for employer. He used it at home to drill and clean drains.
In September 2005, employee began to feel mild tingling in his hands. He first noticed numbness when driving the company truck. Right hand symptoms were worse than left.
Employee performed full duty with no modifications through December 2005. By January 2006, employee suspected his hand problems were work related, but he did not provide written or verbal notice to employer. Employee testified he began to experience numbness when cabling. While driving, employee experienced severe pain and total left hand numbness. He testified he began having left hand throbbing at night.
By February 2006, employee testified his hands felt "inside-out." To relieve pain, employee ran water over his hands, however, the pain returned when he slept. At times he wanted to "chop off his hands" because of the pain.
Employee testified he informed Mindy Rogers he was having hand problems and requested time off to see a physician. Employee testified Ms. Rogers scheduled him off work for a doctor's appointment. Employee thought Ms. Rogers was a supervisor, although he was not certain. Employee testified Ms. Rogers scheduled his service calls, collected paperwork, communicated company information and delivered his pay check.
On February 6, 2006, Dr. Benz examined employee and recommended night splints. According to employee, Dr. Benz did not make a diagnosis. In May 2006, a nerve conduction study revealed severe right carpal tunnel syndrome and less severe left carpal tunnel syndrome. Employee hired attorney Robert Ballman and a Claim for Compensation was filed on May 19, 2006.
Employee testified after he spoke to Ms. Rogers he worked fewer hours, performed no hand digging, and very little cable work. His primary duties became raking and backfilling. Employee testified he was fired for personal use of the company vehicle. His last check was for the pay period ending May 2, 2006.
Dr. Benz released the right carpal tunnel on June 6, 2006, and the left on June 20, 2006. Employee received a bill for left wrist surgery totaling $\ 2,946.00. Current complaints include right wrist weakness, pain, and limited range of motion of the wrists and fingers, and inability to perform pushups due to bilateral wrist pain. Employee testified he learned his carpal tunnel syndrome was work related on August 18, 2006 when Dr. Benz wrote a causation opinion.
Ms. Melinda Rogers testified by deposition at employer's request. She worked as a receptionist, back up dispatcher, and performed clerical work for employer from 2001 until 2007. She performed no supervisory duties. Ms. Rogers testified she spoke to employee in the office twice a week. Ms. Rogers testified employee did not discuss his hand problems with her; however, they discussed her mother's carpal tunnel problems when he asked why Ms. Rogers missed work. Ms. Rogers testified employee did not submit a
report of injury or off-work slips to her concerning his hands.
Mr. Dennis Bieg is a plumbing contractor and one of five family members who own employer. Since 1975, Mr. Bieg has worked as a laborer, plumber's apprentice, sewer cleaner, estimator, project manager, and now owner. He purchases equipment and supervises laborers, operators, metal trades workers, and plumbers.
Mr. Bieg testified new employees were instructed to report accidents to Ms. Alice Mantia, his sister and coowner of the business. Mr. Bieg testified he did not receive written or verbal notice of injury from employee and he never heard employee complain about his hands. Mr. Bieg periodically observed job sites but had no indication employee was having hand problems. Employee performed regular duty without modification and did not submit off work slips. Mr. Bieg testified light duty was available if employee had requested it. Mr. Bieg testified he never saw Exhibit H, the Report of Injury, although, he admitted it showed employer was notified about employee's hand problems on June 26, 2006.
Mr. Bieg testified employee handled three to eight calls per day and was instructed to use only company issued equipment. He serviced drains within a 40 mile radius of St. Louis, delivered materials to job sites, and spent about one hour per day cleaning and maintaining tools. Mr. Bieg testified employee stopped working for employer in April 2006, for failure to report for work. Mr. Bieg retrieved the company van from employee's home and found the window down and keys on the seat. An employee handbook was in the vehicle.
Mr. Bieg testified Exhibit 2 reflected photographs of equipment employee used while working for employer. He further testified the photographs were true and accurate representations of: Eel Model C, Sparten Model 100 cable machine, Sparten Model 1065, a hand-held electric cable, rigid sink machine, sewer camera and electronic locator, Model C cable, Closet Auger and a hand-held drill with Eel Model J Cable.
Mr. Bieg testified workers felt no vibration when operating the machines. The cable spun and absorbed vibration. A hand lever was used on some equipment to move the cable forward and in reverse.
Mr. Bieg identified Exhibit E as a drill similar to the one used by employer, but not the same as employer's drill. Mr. Bieg testified this is the first carpal tunnel case since he began working for the company.
Ms. Alice Mantia is one of five owners of the company. Ms. Mantia has worked for the company since 1984. She handles workers' compensation reports, documents and personal leave records involving metal trades staff, and anything related to scheduling.
After employee was hired in July 2005, Ms. Mantia testified she provided him with a binder containing workers' compensation forms and a list of doctors. Ms. Mantia explained the forms and discussed the procedure for reporting work accidents. The doctors were to be used for minor injuries. She was to be notified if injuries required more treatment.
Injured workers were required to complete the top part of the Employee Accident Report (Exhibit H) as soon as they knew an injury had occurred, and she completed the employer's section. Forms were sent to the insurance company for processing.
Ms. Mantia testified employee did not provide her with an accident report, did not inform her of hand problems, or request medical treatment while working for employer. Ms. Mantia testified large signs were located on the premises, including the shop, listing accident reporting procedures. Signs were visible upon entering the building.
Ms. Mantia testified she first received notice of employee's injury when she received a copy of the Claim for
Compensation from his attorney. Employee was no longer employed so she faxed the form to the insurance representative and "let him handle it." Ms. Mantia testified she never saw or completed the Employee Accident Report (Exhibit H) and did not know who completed it. According to Ms. Mantia, the employee section should be written, not typed. She denied typing her name in the signature box, stating her practice was to sign her name when she completed the form. Ms. Mantia further denied completing the Report of Injury (Exhibit I), or typing her name, and did not know who typed it.
Ms. Mantia testifie