Summary of the Evidence
Claimant testified he was working for Employer on March 9, 2009 as a frame operator. Claimant had the same job at Employer for ten years.
Claimant testified that on March 9, 2009, he felt like he was having a heart attack immediately after he hit a board with a thirty pound mallet. He had a burning sensation in his chest that would not go away. He stood and felt the pain in his chest. He reported the pain to his supervisor, Pat Ezell. Pat Ezell took him to the Heartland Emergency Room later that night. Claimant said he had never had problems like that before. He testified he thought he was having a heart attack. He was asked about a Heartland record noting he was complaining of chest problems when moving about the forklift. He said he discussed hitting the hammer when he was at the hospital, but not in much detail.
Claimant was admitted to the hospital on March 9, 2009. He said doctors identified some back pain. Heart and chest tests were negative. He did not have a heart attack. He was released later that day to full duty.
Claimant said his chest pains were gone when he left the hospital. He thought he took one or two days off work after March 9, and then returned to work full duty. He saw Dr. Aref Zaman on March 12. He told Dr. Zaman what happened, and that he had symptoms going down to his low back. He had no other accidents between March 9 and March 12. He was asked about Dr. Zaman's records not mentioning the hammer incident. He said he did discuss swinging the hammer with Dr. Zaman.
Claimant said he thought that his swinging the mallet was the cause of his back pain.
Claimant acknowledged he had had back problems prior to March 9, 2009. He had strained his back in 1987 and had missed six weeks of work. He vaguely recalled hurting himself in 1997. In 2000, he twisted and injured his low back. He was not treated. He missed two days of work. He slipped and fell in 2005 and felt symptoms in his back. He said he was not treated. He missed a couple of days of work. Claimant said he had not had an MRI before March 2009. He said all of his prior injuries had resolved.
Claimant said he returned to work full duty after his January 2005 injury, which was his most significant injury. He had no treatment for his back after that in 2005, 2006, 2007 or 2008. On March 8, 2009, his back felt fine. He had no stiffness, pain, or loss in range of motion at that time.
Claimant was asked about Dr. Zaman's record of March 12, 2009 that noted he had had back pain constant for twelve years and worse in the last four years. Claimant said he told Dr. Zaman that every now and then he had a flare-up, and then it would go away. He said he had flare-ups off and on for twelve years. He said he had no back treatment from January 2005 until March 9, 2009.
Claimant returned to full duty work after March 12, 2009. He had no restrictions from his doctor. He said he could not function 100 %. His production was down.
Claimant's last day of work was May 4, 2009. His back was bothering him a lot then. He called HR and asked to be put on medical leave. He told them he could not do his work. Claimant met with his attorney Mike Stang on March 25, 2009.
Claimant had not seen a doctor for therapy or treatment from March 12, 2009 to May 4, 2009. He was not under a doctor's orders to stop working on May 4, 2009.
Claimant said Dr. Zaman gave him restrictions on May 20, 2009 for his FMLA. It was hard for him to sit or stand a very long period. His job at Employer required repetitive standing. Employer did not accommodate Dr. Zaman's restrictions. He has received no money from Employer since he left work.
Claimant saw Dr. Stuckmeyer on May 26. Dr. Stuckmeyer recommended a pain management referral. Claimant testified he had also gone to the emergency room one time after he stopped working because he was on the floor and could not get up