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Employee claims they fractured a rib and has fluid on a lung, was working on the screen deck.
While moving the Cat excavator 315 across a small ditch the rocking motion of the machine caused employee to experience a back spasm not allowing him to move.
EE WAS OPERATING A HYDRAULIC EXCAVATOR - USED FOR SCALING WHEN THE HAMMER SLID OFF A ROCK & JOLTED THE CAB. HE STRAINED HIS LOWER BACK. EE STATAED HE WAS O.O. BUT SEVERAL WEEKS LATER HIS BACK BOTHERED HIM AGAIN. HE THEN WENT TO THE DOCTOR &TOLD HIS SUPERVISOR.
THE ALLEGED ACCIDENT OCCURED WHEN AIR LINE IN HAMMER FROZE. EMPLOYEE REMOVED GLOVE TO FEEL AIR COMMING COMMING FROM HAMMER. AT THAT MOMENT ICE BROKE FREE AND CUT FORE FINGER AND MIDDLE FINGER.
EE WAS BREAKING OVERSIZE WITH A HYDRAULIC HAMMER MOUNTED ON AN EXEAVATOR. WHEN THE HAMMER ALLEGEDLY SLIPPED OF A ROCK JARRING HIS BACK.