CP# 2002-036835 (2006). OSCAR A. MARTINEZ, Petitioner vs. R TAPE CORPORATION, Respondent.

• Court: New Jersey

New Jersey Worker's Compensation 2006. CP# 2002-036835 (2006). OSCAR A. MARTINEZ, Petitioner vs. R TAPE CORPORATION, Respondent NEW JERSEY DEPARTMENT OF LABOR DIVISION OF WORKERS' COMPENSATION ELIZABETH, UNION COUNTY DISTRICTOSCAR A. MARTINEZ, Petitioner,vs .R TAPE CORPORATION, Respondent.CLAIM PETITION NO.: 2002-036835TRANSCRIPT OF DECISIONThursday, November 16, 2006BEFORE:THE HONORABLE PETER F. WOMACKSupervising/Administrative Judge of CompensationTARA E.C. KLEZER CERTIFIED SHORTHAND REPORTER WILLIAM C. O'BRIEN ASSOCIATES 525 BOULEVARD, P.O. BOX 428 KENILWORTH, NEW JERSEY 07033 (908) 276-8664THE JUDGE: In the matter of Oscar Martinez vs. R Tape Corporation, Claim Petition 2002-36835. It was stipulated that Petitioner worked for Respondent from September 1998 to August 14th, 2002. Petitioner alleges injuries to eyes, hearing, lungs and low back. Respondent has paid no medical bills nor temporary disability benefits, and leaves Petitioner to his proofs as far as the nature and extent of permanent disability. Petitioner received a hand injury in 1993 for which he received an award and a right arm injury in 2000 for which he received an award. In 2002 he had an injury to his right shoulder from a right rotator tendonitis where he received 17 and 1/2 percent partial total disability. Petitioner testified that he was 48 years old and stated he actually started working for Respondent in 1989 through August 14th, 2002. His hourly wage was $12 an hour and therefore, he made $480 a week on a 40-hour a week basis. For the first three years he was cutting, what he described as, cones, afterwards, he worked on a machine. The cones were made of cardboard. Plastic was cut to cover the cones. The plastic had to be coated with an adhesive. His job on the machine was to enter plastic sheets which came in rolls for a process which adhesive was placed on the plastic sheets. The sheets were put through the machine and heated and the plastic sheets would stick to the cones. Different glues were utilized. Petitioner would take glue out of various drums and place the glue into the trays in the machines. The glue would go on the plastic and the plastic would be heated. It would come out dry after it was pushed through the machine. He said there's a thinner type chemical which smells like ammonia that was used to clean the rolls of plastic. In Petitioner's description of the work area, the glue gave off a very strong smell and irritated his nose and his eyes. The ammonia like smell from the thinner also had the same effect. It's clear Petitioner described pulmonary irritants as well as ophthalmological irritants. Petitioner also described the machine he worked on and the machines that were around him as very loud. The real issue in this case is whether Petitioner had sustained any...