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The employee was exiting an excavator, climbing down the tracks to the step. He slipped from the step and fell to the ground landing on his lunch box. There was, according to other employees, some mud on the step. The employee was angry in leaving his equipment, due to the fact that he was to quit operating one piece and start operating another.

The employee was working on the outside of a hopper that became jammed with material. He was using a pry bar to clear material from the hopper (were it discharges onto a belt). The employee had the bar resting on his shoulder using his legs for power. Later in the day a pain developed and continued to get worse. He went to the local E.R. & was diagnosed with tendonitis/strain.

While clearing material, the operator pulled the bucket of the excavator too close to the cab and a rock (about the size of a softball) came through the windshield of the excavator striking him in the pelvic area.