Petition for Writ of Certiorari — Andrew Isaacs, Petitioner v. Interplex Sunbelt, Inc., et al.

Supreme Court briefApr 2, 2025

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IN THE

SUPREME COURT OF THE UNITED STATES

— PETITIONER

Andrew Isaacs

vs.

*****

Interplex Sunbelt, Inc., et al. — RESPONDENT(S)

ON PETITION FOR A WRIT OF CERTIORARI TO

FIRST DISTRICT COURT OF APPEAL, STATE OF FLORIDA

APPENDIX TO PETITION FOR WRIT OF CERTIORARI

VOLUME I

Andrew Isaacs

1880 NW 59 Ave.,#B

Sunrise, Florida 33313

954-618-9028

i *

APPENDIX TO PETITION FOR WRIT OF CERTIORARI

(VOLUME I)

Table of Contents:

Appendix A

Per Curiam Decision.

First District Court of Appeal

State of Florida..... ..............

Final Compensation Order.

Division of Administrative Hearings

Office of the Judges of Compensation Claims

State of Florida.............................................

Order Denying Motion for Written Opinion.

First District Court of Appeal,

State of Florida..........................................

Order on Motion for Indigency to be Relieved

of Costs of Appeal.

Division of Administrative Hearings

Office of the Judges of Compensation Claims

State of Florida......................................... .

Appendix E

Constitutional and Statutory Provisions

Appendix F

Selected OSHA regulations

Appendix B

Appendix C

Appendix D

Appx. 1 of 34

First District Court of Appeal

State of Florida

No. 1D2023-2263

Andrew Isaacs,

Appellant,

Interplex Sunbelt, Inc., / The

Travelers Indemnity

Company,

Appellees.

On appeal from the Office of the Judges of Compensation Claims.

Michael J. Ring, Judge.

Date of Accident: April 4, 2022.

January 10, 2025

Per Curiam.

Affirmed.

Roberts, Rowe, and Kelsey, JJ., concur.

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

Andrew Isaacs, pro se, Appellant.

Steven H. Preston and Tess Golonka of Hicks, Porter, Ebenfeld &

Stein, P.A., Miami, for Appellees.

First District Court of Appeal

State of Florida

No. 1D2023-2263

Andrew Isaacs,

Appellant,

Interplex Sunbelt, Inc., / The

Trawlers Indemnity

Company,

Appellees.

On appeal from the Office of the Judges of Compensation Claims.

Michael J. Ring, Judge.

Date of Accident: April 4, 2022.

January 10, 2025

Per Curiam.

Affirmed.

Roberts, Rowe, and Kelsey, JJ., concur.

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or

9.331.

APPENDIX A

Appx. 2 of 34

i',

Andrew Isaacs, pro se, Appellant.

Steven H. Preston and Tess Golonka of Hicks, Porter, Ebenfeld &

Stein, P.A., Miami, for Appellees.

Appx. 3 of 34

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OFFICE OF THE JUDGES OF COMPENSATION CLAIMS

FT. LAUDERDALE DISTRICT OFFICE

Andrew Isaacs,

Employee/Claimant,

OJCC Case No. 22-021848MJR

vs.

Accident date:

Interplex Sunbelt, Inc./Charter Oak Fire

Insurance Co.,

Employer/Carrier/Servicing Agent,

04/04/2022

Judge: Michael J. Ring

FINAL COMPENSATION ORDER

The undersigned Judge of Compensation Claims held a Final Hearing on July 10, 2023 to

adjudicate the Petition for Benefits filed on September 7, 2022 (D#l). Andrew Isaacs was

present and represented himself in this matter. The Employer/Carrier (E/C) was represented by

Sal Richardson, Esq. Live testimony was received from Pedro Vargas, Pedro Villa-Gileno and

Dr. Nicole Nicophene.

CLAIMS

1. Wage loss benefits: Adjustment of the AWW to $22/hour or $880.00 per week, which

includes employee benefits.

2. Authorization of transportation benefits for medical appointments.

3. Authorization of medical care and testing due to disability from unknown chemical

exposure.

4. TPD/TTD benefits beginning April 4, 2022 and continuing.

5. Attorney’s fees and/or costs.

6. Payment of penalties and interest on late payments of indemnity benefits.

Page 1 of 11

APPENDIX B

Appx. 4 of 34

DEFENSES

1. Compensability denied as there is no clear and convincing evidence that Claimant

suffered any chemical exposure at work.

2. Per the denial of compensability, no medical or indemnity benefits are due or owing.

3. No entitlement to TTD as there is no evidence that Claimant was ever placed out of

work.

4. No entitlement to TPD as there is no evidence that Claimant was ever placed on light

duty work status.

5. The Claimant continued to earn at least 80% of his AWW through the date he

resigned, which was post MMI. Therefore, no TPD is due or owing.

. 6. Transportation is currently denied per the denial of compensability. If the claim is

found compensable the E/C will provide transportation to authorized medical

appointments.

7. No penalties, interest, costs or attorney’s fees are due or owing.

CLAIMANT’S AFFIRMATIVE DEFENSES

1. Unclean hands doctrine, estoppel.

2. Estoppel by fraud and deceit.

3. Estoppel from silence.

4. Duress and coercion in opposition to Claimant’s protected activity and in violation of

F.S.440.205.

5. Tampering with and harassing Claimant pursuant to F.S.914.22.

6. Fundamental errors affecting substantial rights pursuant to F.S.90.I04(3).

7. Fraud.

8. Doctrine of laches.

9. Fourteenth amendment to the U.S. Constitution.

10. F.S.440.I85.

11. F.S.440.44.

12. F.S.44002.

Page 2 of 11

Appx. 5 of 34

13. F.S.440.I3.

EMPLOYER/CARRIER’S AFFIRMATIVE DEFENSES

1. There is no evidence to support any of the objections to any defenses, of which there

do not appear to be any.

2. The JCC does not have jurisdiction over the avoidance/affirmative defenses listed by

Claimant in numbers one through nine.

JUDGE’S EXHIBITS

1. Uniform Statewide Pretrial Stipulation, filed March 22, 2023 (D#77),

2. Claimant’s Memorandum in Support of Final Hearing (D# 105, for argument purposes

only).

3. Petition for Benefits, filed on September 7,2022 (D#l),

4. Response to Petition for Benefits, filed on 10/15/22 fD#9).

JOINT EXHIBITS

l. Jnterplex Sunbelt Personnel File (D#S3).

CLAIMANT’S EXHIBITS

1, Articulating the Evidence of Constructive Discharge (D#55).

2. Distinguishing Clean-up Operation from Wipe Down Activity (D#56),

3. Hazard Communication Program (D#57, E/C’S hearsay and relevance objections are

sustained. Claimant offered no exception to the hearsay rule. This evidence will be

marked as a proffer),

4, Selected Occupational Safety and Health Administration Regulations (D#58, E/C’s

relevance objection is overruled. E/C’s hearsay objection is sustained. Claimant

offered no exception to the hearsay rule. This evidence is marked as a proffer).

Page 3 of 11

Appx. 6 of 34

5.; Reference Manuel on Scientific Evidence (D#63, E/C’s hearsay and relevance

objections are sustained. Claimant offered no exception to the hearsay rule. This

evidence is marked as a proffer).

6. Progress Toward Safe Nanotechnology in the Workplace (D#64, E/C’s relevance and

hearsay objections are sustained. Claimant offered no exception to the hearsay rule.

This evidence is marked as a proffer).

7. OSHA Complaint No. 1966473 (D#65, E/C’s relevance objection is overruled. E/C’s

hearsay objection is sustained. Claimant offered no exception to the hearsay rule. This

evidence is marked as a proffer).

EMPLOYER/CARRIER’S EXHIBITS

1. Motion to Admit Medical Records of Concentre and Order Granting same (D#42,

47).

2. February 13, 2023 deposition of Andrew Issacs, with attachments (D#l 08, 109).

FINDINGS OF FACT AND CONCLUSIONS OF LAW

In making my findings of fact and conclusions of law, I have considered and weighed all

the evidence presented to me. I have observed and assessed the candor and demeanor of all the

witnesses who testified before me, and I have resolved all conflicts in the testimony. I have not

written a detailed summary of all the evidence presented. F.S.440.24(4)(e); Garcia v. Fence

Masters. Inc.. 16 So.3d 200 (Fla. 1st DCA 2009) holding that a compensation order need only

contain findings of ultimate fact necessary to support mandate, rather than a recitation of all

evidence presented. Although I may not reference or detail each item of evidence presented by

the parties, I have carefully considered all the evidence and exhibits in the context of the

arguments of the parties and appropriate statutory authority and case law in making the following

findings of fact and conclusions of law.

1. The undersigned Judge of Compensation Claims has jurisdiction over the parties and

subject matter.

Page 4 of 11

Appx. 7 of 34

2. Claimant was hired by Interplex Sunbelt, Inc, on March 31,2022 to preform the job

of an automation operator. Essentially. Mr. Isaacs operated an AU10 machine that

processed needles. This machine utilized various chemicals during this process. When

Claimant was hired he was issued personal protective equipment (PPE) to include

safety googles, nitrile gloves and ear plugs. Furthermore, in June 2022 Claimant’s job

duties were changed due to an increase in business to include requiring him to clean

his own work station. Previously a cleaning crew had been provided but due to the

increase in the work load all employees at Interplex were now' required to clean their

own work stations.

3. On August 1,2022 Claimant sent a memo to Inferplcx’s HR representative entitled

"Chemical Exposure & OSHA Compliance.” In this memo Mr. Isaac states his belief

that he has been exposed to chemicals at work that pose a threat to his health and

constitute a possible OSHA violation. Claimant did not describe the actual symptoms

or injury he believed he experienced as a result of this alleged exposure.

4. Subsequent to Claimant’s memo, Interplex commenced an investigation to evaluate

Mr. Isaac's complaints. The investigation concluded with a September 16,2022 inperson meeting with Claimant to discuss the results. At this meeting Claimant was

advised that no evidence was found of any issues caused by chemical exposure while

cleaning and operating the AU10 machine. The Investigative Report, dated

September 15,2022 concluded as follow’s: “After reviewing the SDS sheet, training ■

record, and job description, the employee can be instructed to perform the function of

cleaning the machine including the area where parts come in contact with the

solution. The employee was provided appropriate PPE to perform the cleaning

function.” This report is attached as Exhibit #6 to Claimant’s February 13, 2023

deposition.

5. After t he September 16,2022 meeting, on the same day, Claimant sent another email

to HR indicating that there was a strong odor of burnt rubber around his work station

which caused his breathing to be restricted. As a result, the Employer sent an email to

Claimant advising him that he w'as authorized to go to Concentre Urgent Care to be

evaluated. Claimant contends he never received this email, therefore, did not seek the

offered medical care at this time.

Page 5 of 11

Appx. 8 of 34

6. On September 7, 2022 Claimant filed a Petition for Benefits. In this PFB Claimant

alleged injuries to his hands as a result ofbeing exposed to chemicals at work on

April 4.2022 when he was required to clean Up chemical waste. This PFB requested

authorization of medical treatment, as well as indemnity benefits. The E/C responded

on October 15, 2022 indicating that medical treatment was authorized at Garespot for

the left and right hands for conditions the provider considers causally related to the

April 4,2022 incident. No evidence was offered that Claimant ever sought treatment

at Garespot, In addition, entitlement to indemnity benefits was denied. Furthermore,

the E/C stated that the claim was accepted under the 120-day pay and investigate

provision of Florida law.

7. Claimant continued to work at Interplex through October 24. 2022. On October 31,

2022 the Employer again offered Claimant an evaluation and treatment at Concentre

which Claimant accepted. Dr. Nicole Nicophene, a physician at Concentre, performed

an examination of Mr. Isaacs on October 31,2022, As a result of this examination,

which included x-rays, the Doctor opined that she found no objective evidence of an

injury to support Mr. Isaac’s subjective complaints. Thus, no further treatment was

recommended. Furthermore, Dr. Nicophene placed Claimant at MMI with a 0% PIR

and no work restrictions. Dr. Nicophene testimony, offered live at the Final Hearing,

was consistent with her office notes. I Gnd the testimony of Dr. Nicophene to be

credible. Her opinions were well founded and logical, based on the lack of objective

Endings.

8. Claimant did not testify at the Final Hearing; however, his February 13, 2023

deposition was offered into evidence by the E/C. In this deposition, Mr. Isaac’s

clarified that he was alleging a toxic chemical exposure as a result of both operating

the AU10 machine, as well as, the chemicals he was required to use to dean his work

station. Claimant believed that exposure to these chemicals caused his symptoms

which consisted of a burning and tightening sensations in his hands. Claimant

believes he first advised the E/C of his suspicion that these problems were being

caused by a chemical exposure at work on August 1 ,2022. Furthermore, Mr. Isaacs

contends that after reporting this exposure, Interplex repeatedly failed to advise him

of the specific chemicals he was exposed to despite repeated requests. Claimant

Page 6 of 11

Appx. 9 of 34

testified that he was first provided the safety data sheets (SDS) for these Chemicals in

January 2023 in response to a request sent in a separate legal matter involving a

wfiistlehlowef cdiriplaiht. It bears mentioning that since obtaining these SDS sheets in

January 2023. Claimant has not sought a medical qpinion addfesSihg causation of his

symptoms in the six months prior to this Final Hearing. Claimant testified that the

only medical Opinion'obtained in this matter. Since April 4,2022, was with Dr.

Nicophene on October 31,2022. Claimant subsequently sent a November 2, 2022

letter to Interplex advising them of What he labeled was his constructive discharge.

Mr: Isaac's cited his concern about workplace safety among various other reasons for

his.decision to no longer report-forduty until the situation was resolved. The

Employer responded with a November 4,2022 letter to Claimant whibh accepted his

November 2, 2022 resignation.

9. Pedro Villa-Gileno.the Environmental Health and Safety Director, for Interplex.

testified live at the Final Hearing. He stated that the Safety Data Sheets for all

Chemicals involved in the activities of Interplex can be found in a large book made

available to all employees in the common area. Furthermore, the chemicals used

during the actual operation of the AU10 machine are significantiy diluted to below 1 2% of the quantities represented in the SDS sheets. Furthermore, Mr. Gileno stated

that Claimant was offered treatment at Concentra at the September 16, 2022 meeting

and refused same.

16. Pedro Vargas, who was Claimant’s Production Supervisor, also testified at the Final

Hearing, and confirmed that the SDS sheets are all kept in a book in the common

area. Furthermore, this book is available to all employees at any time. In addition, Mr.

Vargas stated that when he went over the cleaning process of the AU10 machine in

June 2022. he advised .Claimant of the chemicals involved. Mr. Vargas also

confirmed that Claimant was offered medical treatment at the September 16, 2022

meeting and refused same. Mr. Vargas further testified that in late October, or early

November. Interplex decided to increase the workforce by changing from two shifts

to three shifts. This would require employees to work Monday through Friday, 8

hours per day, instead ofthe previous 10 hours a day working Monday through

Thursday. It was after being notified of this shift change that Claimant submitted his

Page 7 of 11

Appx. 10 of 34

email referencing his constructive discharge.

11. On January 19, 2023 the E/C sent Cl aimant a letter with the Notice of Denial of Mr.

Isaac’s claim attached. The NOD indicated that the April 4, 2022 industrial accident

was being denied as there was no injury/accident per Florida Statutes.

COMPENSABILITY

12. It is Claimant’s burden to prove all elements of his claim. Bob Wilson Dodge v.

Mohammed. 692 So.2d 287 (Fla. 1st DCA 1997); Fitzgerald v. Osceola County

School Board 974 So.2d 1161 (Fla. 151 DCA 2008). When Claimant’s alleged injury

(illness) is not the result of a “readily observable” medical condition, Claimant is

required to establish by expert medical testimony the injury, and a causal connection

between employment and the injury, based upon reasonable medical probability.

Crest Products v. Louise. 593 So.2d 1075 (Fla. Is1 DCA 1992); MBM Corp. v.

Wilson. 186 So.3d 574 (Fla. 1st DCA 2016).

13. In exposure cases, the Claimant’s burden is even higher. Pursuant to F.S.440.02(1)

An injury or disease caused by exposure to a toxic substance is not an injury by

accident arising out of employment unless there is clear and convincing evidence

establishing that exposure to the specific substance involved, at the levels to which

the employee was exposed, can cause the injury or disease sustained by the employee.

This statute expressly requires both a higher standard of proof (clear and convincing)

and a certain degree of specificity as to the specific substance involved and the levels

to which the employee was exposed before an injury from exposure can be found

compensable. In the case of Matrix Employee Leasing v. Pierce. 985 So.2d 631 (Fla.

1st DCA 2008) which involved an allegation of an exposure to a toxic substance, the

Court reiterated the principle that proof of causation is wholly the workers’

compensation Claimant’s burden and not the Employer’s burden to produce evidence

disproving the claim. In addition, F.S.440.09(1) holds that the injury, its occupational

cause and any resulting manifestations or disability must be established to a

reasonable degree of medical certainty, based on objective relevant medical findings,

and the compensable acciden t must be the major contributing cause of any resulting

Page 8 of 11

Appx. 11 of 34

injuries. The statute further states that in cases involving occupational disease, both

causation and sufficient exposure to support causation must be proven by clear and

convincing evidence.

14. Application of the law to the facts in this matter leads to a finding that Claimant has

failed to meet his burden of producing clear and convincing evidence or even

competent substantial evidence that his symptoms were casually related to a toxic

exposure at work. In fact, Claimant has produced no medical evidence in support of

bis claim. Claimant 's belief that he was exposed to a chemical at work that caused an

injury’ to his hands is based on speculation and conjecture with no objective findings

or medical evidence to support it. Claimant did not obtain an IME or even seek

medical treatment other than his authorized evaluation with Dr. Nicophene on

October31,2022.

15. Claimant’s argument that the Employer committed fraud by withholding information

about the chemicals he was exposed to and failure to acknowledge his injury is

rejected for several reasons. Reason number one is based on the fact that to the extent

the testimony of Claimant (via deposition) differs from Pedro Vargas and Pedro

Villa-Gileno, regarding Claimant’s access to the SDS sheets, 1 accept the testimony of

Mr. Vargas and Mr. Gileno as more credible. They both stated that all the SDS sheets

could be found in a book located in the common area where all employees have

access. Their testimony appeared straight forward and reasonable. Therefore, I find

that Mr. Isaac's had access to the SDS sheets at any time during his employment with

Interplex via this book. The second reason is that even if I did not accept the

testimony of these witnesses, I still believe Mr. Isaacs had sufficient time to obtain a

medical opinion after receipt of the SDS sheets through his whistleblower claim.

According to Claimant's own deposition testimony he received these SDS sheets in

January 2023. This was six months prior to the Final Hearing, which would have

allowed ample time for Claimant to seek medical evidence in support of his claim. In

addition, I accept the testimony of Mr. Gileno and Mr. Vargas that Claimant was

offered medical treatment in the September 16. 2022 meeting and refused same.

Furthermore, Claimant was fully advised by the E/C in pages 108 through 110 of Mr.

Isaac’s deposition that at Trial it was his burden to prove by objective medical

Page 9 of 11

Appx. 12 of 34

' t

e^d^ite^eaKKfe/fiiicttto; Hie «H<rmfeyf<«Mie:£/^ev®-fifcs^jsa'r;S;<MO.<S.

to Gla!iiaaif f ail’d fi t<ftclfeB a cop^ of-thi § fSt altil e to' 111 e '4eposi fI oiiu (Ke's|>i fe ?be i fife 'gii'eiifliis infoi^ato Claimant proceeded toTrial fill; iio' medical denc^gijppdffi ftgt

jus position plat exposure tojpxie chmijiealrat Merplex CSilsS^iiis injuries,

16.1 ha%'c considered the Affirmative defenses listed by Claimant niid find that Claimant

tins failed to prove that theE/Gvioifltedp.S.44d.265,p.SA40 185.F.SA40.44,

F,s;9i 0iorF:S;9.0.104(3). 1 find that Claimant hatiaitedto prove dial t he E/G is

estopped fiem iieiiyifig beliefits or shmildk precluded km doing same based dii the

dbehine pflsches o^imdeaftliands^FuHiiemidreJkvc Wjdrisdiciion pvefilns

claim ofiyiolatioii of iheFpnfteentl^Atnendmepi to the U.S. Constitution.

&, /Therefore, Xfind tijat,Claimant failed to meet■his'btirdgn ;of/prpving a oompensable

Accident afidgr the clear and convincing evidentiary slandftrdsiiiflJJSsed byilie statute

and ease law, in iacIvGlaunant okrod nflevidfenCe establishing that: 1^-Ile was

exposed to a Specific subStnnCe(2)l]ft leveis to winch lie was exposed :dhb 3) flnS

exposure caused |heInjunes that lietomplmrtedpfBecauSeT'fihd tiiaf (liere is no

evidence to shppOjtS finding Of eeinpertsability. Milder the clear mid convincing

standak dnd 3iVparticiilnrnormed|ca] evidence cirtestinionyinsvtpport oftlieiClaim

was ofletedf it is|iot iieCessaiyltofeadh any of the Other indiyiduat claims or

defenses,

WHERpORE it is ORDERED and ADJUDGED:

i, The petition forpeneSts filed September 7tln 2022 and all claims therein are

DENIED and Dismissed With Prejudice,

DONE AND SERVED this 27th day of July, 2023, in Latidertlale Eakes, Broward

Cbitnly, Florida,

'mictm

’n ’

'‘CompensalionClaims

Division pf Administrative Healings

Ojffice of the Judges pf Compensation Claims

Ft; Lauderdale District Offide

Page 10 of 11

Appx. 13 of 34

4500 North State Road 7, Building I, Suite 200

Lauderdale Lakes, Florida 33319

(954)714-3400

www.jcc.state.fLus

COPIES FURNISHED:

Andrew Isaacs (U.S, Mail)

1880 NW 59 Ave, Apt B

Sunrise. FL 33313

Intcrplcx Sunbelt. Inc.

6690 N Hiatus Rd

Tamarac, FL 33321

Charter Oak Fire Insurance Co.

PO Box 4614

Buffalo, NY 14240

FLTiCjCC@travelers.com,

Saiisu "Sal" A. Richardson

Quintairos, Prieto, Wood & Boyer, P.A.

2400 E. Commercial Blvd., Suite 520

Fort Lauderdale, FL 33308

sal.richardson@qpwblaw.com

Page II of 11

Appx. 14 of 34

DISTRICT COURT OF APPEAL, FIRST DISTRICT

2000 Drayton Drive,

Tallahassee, Florida 32399-0950

Telephone No. (850) 438-6151

January 31, 2025

Andrew Isaacs,

Appellant(s)

Case 102023-2263

L.T. No.: 22-021848MJR

Interplex Sunbelt, Inc., / The

Travelers Indemnity Company,

Appellee(s).

BY ORDER OF THE COURT:

The Court denies the motion for written opinion docketed January 13,

2025.

I HEREBY CERTIFY that the foregoing iS a true copy of the original

court order.

Served:

Elvis John Adan

Tess Golonka

Julie Hunsaker WC

Andrew Isaacs

David W. Langham

Steven Hartnell Preston

Salisu A. Richardson

Michael J. Ring

APPENDIX C

Appx. 15 of 34

Case 1D2023-2263

Page< 2 >

lp20^2263ianu^31, 2025

Kristina Samuels, Clerk

1D2023-2263 January 31, 2025

Appx. 16 of 34

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OFFICE OF THE JUDGES OF COMPENSATION CLAIMS

FT. LAUDERDALE DISTRICT OFFICE

Andrew Isaacs,

Employec/Claimant,

OJCC Case No. 22-021848MJR

vs.

Accident date: 04/04/2022

Interplex Sunbelt, Inc./Charter Oak Fire

Insurance Co.,

Employer/Carrier/Servicing Agent

Judge: Michael J. Ring

ORDER ON MOTION FOR INDIGENCY TO BE RELIEVED OF COSTS OF APPEAL

THIS CAUSE came on for consideration before the Honorable Michael J. Ring, upon

Employee/Claimant’s Motion for Indigency to be Relieved of the Costs of Appeal. After review

of said Motion and otherwise being advised in the premises, it is hereby:

ORDERED and ADJUDGED that the Motion for Indigency to be Relieved of the Filing

Fee for the Appeal is hereby GRANTED.

DONE AND SERVED this 30th day of August 2023, in Lauderdale Lakes, Broward

County, Florida.

Michael*J. Ring

Judge of Compensation Claims

Division of Administrative Hearings

Office of the Judges of Compensation Claims

Ft. Lauderdale District Office

4500 North State Road 7, Building I, Suite 200

Lauderdale Lakes, Florida 33319

(954)714-3400

www.jcc.state.fl.us

COPIES FURNISHED:

Cynthia L. Jakeman

c/o Florida Department of Financial Services

Division of Legal Services and the Division of Workers’

Compensation of the Department of Insurance

200 East Gaines Street

Page 1 of2

APPENDIX D

Appx. 17 of 34

Tallahassee, Florida 32399-4299

Andrew Isaacs

1880 NW 59 Ave, Apt B

Sunrise, FL 33313

Interplex Sunbelt, Inc,

6690 N Hiatus Rd

Tamarac, FL 33321

Charter Oak Fire Insurance Co,

PO Box 4614

Buffalo, NY 14240

FLTlCJCC@travclers,com,

Elvis J. Adan, Attorney

Gallardo Law Office

8492 S,W. 8 Street

Miami, FL 33144

clvis,adan@gallardoIawyers,com,employmcnt@gallardolawyers.com

Salisu "Sal" A, Richardson

Quintairos, Prieto, Wood & Boyer, P.A,

2400 E, Commercial Bivd., Suite 520

Fort Lauderdale, FL 33308

sal.richardson@qpwblaw.com

Page 2 of2

Appx. 18 of 34

CONSTITUTIONAL AND STATUTORY PROVISIONS

Fourteenth Amendment. Section 1:

All persons bom or naturalized in the United States, and subject to the

jurisdiction thereof, are citizens of the United States and of the State

wherein they reside. No State shall make or enforce any law which shall

abridge the privileges or immunities of citizens of the United States; nor

shall any State deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction the equal

protection of the laws.

Occupational Safety and Health Act of 1970 1QSHA or Act). 84 Stat. 1590.

Section 2 of the Act, 29 U.S. Code $ 651 - Congressional statement of

findings and declaration of purpose and policy:

(a)The Congress finds that personal injuries and illnesses arising out of

work situations impose a substantial burden upon, and are a hindrance to.

interstate commerce in terms of lost production, wage loss, medical

expenses, and disability compensation payments.

(b)The Congress declares it to be its purpose and policy, through the

exercise of its powers to regulate commerce among the several States and

with foreign nations and to provide for the general welfare, to assure so far

as possible every working man and woman in the Nation safe and

healthful working conditions and to preserve our human resources—

(1) by encouraging employers and employees in their efforts to

reduce the number of occupational safety and health hazards at

their places of employment, and to stimulate employers and

employees to institute new and to perfect existing programs for

providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but

dependent responsibilities and rights with respect to achieving safe

and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory

occupational safety and health standards applicable to businesses

affecting interstate commerce, and by creating an Occupational

Safety and Health Review Commission for carrying out

adjudicatory functions under this chapter;

APPENDIX E

Appx. 19 of 34

(4) by building upon advances already made through employer and

employee initiative for providing safe and healthful working

conditions;

(5) by providing for research in the field of occupational safety and

health, including the psychological factors involved, and by

developing innovative methods, techniques, and approaches for

dealing with occupational safety and health problems;

(6) by exploring wavs to discover latent diseases, establishing

causal connections between diseases and work in environmental

conditions, and conducting other research relating to health

problems, in recognition of the fact that occupational health

standards present problems often different from those involved in

occupational safety;

(7) by providing medical criteria which will assure insofar as

practicable that no employee will suffer diminished health,

functional capacity, or life expectancy as a result of his work

experience;

(8) by providing for training programs to increase the number and

competence of personnel engaged in the field of occupational

safety and health;

(9) by providing for the development and promulgation of

occupational safety and health standards;

(10) by providing an effective enforcement program which shall

, include a prohibition against giving advance notice of any

inspection and sanctions for any individual violating this

prohibition;

(11) by encouraging the States to assume the fullest responsibility

for the administration and enforcement of their occupational safety

and health laws by providing grants to the States to assist in

identifying their needs and responsibilities in the area of

occupational safety and health, to develop plans in accordance with

the provisions of this chapter, to improve the administration and

enforcement of State occupational safety and health laws, and to

conduct experimental and demonstration projects in connection

therewith;

Appx. 20 of 34

(12) by providing for appropriate reporting procedures with respect

to occupational safety and health which procedures will help

achieve the objectives of this chapter and accurately describe the

nature of the occupational safety and health problem;

(13) by encouraging joint labor-management efforts to reduce

injuries and disease arising out of employment.

(Emphasis added.)

Occupational Safety and Health Act of 1970 (OSHA or Act). 84 Stat. 1590,

Section 5 of the Act. 29 U.S. Code § 654 - Duties of employers and

employees:

(a) Each employer —

(1) shall furnish to each of his employees employment and a place

of employment which are free from recognized hazards that are

causing or are likely to cause death or serious physical harm to his

employees. [OSHA’s “General Duty” Clause]

(2) shall comply with occupational safety and health standards

promulgated under this chapter. [OSHA’s “Special Duty” Clause]

(b) Each employee shall comply with occupational safety and health

standards and all rules, regulations, and orders issued pursuant to this

chapter which are applicable to his own actions and conduct.

(Emphasis added.)

21 CFR 820.20 - Management responsibility:

§ 820.20 Management responsibility.

(a) Quality policy. Management with executive responsibility shall

establish its policy and objectives for, and commitment to, quality.

Management with executive responsibility shall ensure that the

quality policy is understood, implemented, and maintained at all

levels of the organization.

(b) Organization. Each manufacturer shall establish and maintain

an adequate organizational structure to ensure that devices are

Appx. 21 of 34

designed and produced in accordance with the requirements of this

part.

(1) Responsibility and authority. Each manufacturer shall

establish the appropriate responsibility, authority, and

interrelation of all personnel who manage, perform, and

assess work affecting quality, and provide the

independence and authority necessary to perform these

tasks.

(2) Resources. Each manufacturer shall provide adequate

resources, including the assignment of trained personnel.

for management, performance of work, and assessment

activities, including internal quality audits, to meet the

requirements of this part.

(3) Management representative. Management with

executive responsibility shall appoint, and document such

appointment of, a member of management who,

irrespective of other responsibilities, shall have established

authority over and responsibility for:

(i) Ensuring that quality system requirements are

effectively established and effectively maintained in

accordance with this part; and

(ii) Reporting on the performance of the quality

system to management with executive responsibility

for review.

responsibility shall review the suitability and effectiveness of the

quality system at defined intervals and with sufficient frequency

according to established procedures to ensure that the quality

system satisfies the requirements of this part and the

manufacturer's established quality policy and objectives. The dates

and results of quality system reviews shall be documented.

(d) Quality planning. Each manufacturer shall establish a quality

plan which defines the quality practices, resources, and activities

Appx. 22 of 34

relevant to devices that are designed and manufactured. The

manufacturer shall establish how the requirements for quality will

be met.

(e) Quality system procedures. Each manufacturer shall establish

quality system procedures and instructions. An outline of the

structure of the documentation used in the quality system shall be

established where appropriate.

(Emphasis added.)

29 CFR §1910.120(aH3! - Hazardous waste operations and emergency

response:

[...]

Clean-up operation means an operation where hazardous substances are

removed, contained, incinerated, neutralized, stabilized, cleared-up, or in

any other manner processed or handled with the ultimate goal of making

the site safer for people or the environment.

[...]

Hazardous substance means any substance designated or listed under

paragraphs (A) through (D) of this definition, exposure to which results or

may result in adverse affects on the health or safety of employees:

(A) Any substance defined under section 103(14) of the

Comprehensive Environmental Response Compensation and

Liability Act (CERCLA) (42 U.S.C. 9601).

(B) Any biological agent and other disease-causing agent which

after release into the environment and upon exposure, ingestion,

inhalation, or assimilation into any person, either directly from the

environment or indirectly by ingestion through food chains, will or

may reasonably be anticipated to cause death, disease, behavioral

abnormalities,

cancer,

genetic

mutation,

physiological

malfunctions (including malfunctions in reproduction) or physical

deformations in such persons or their offspring;

Appx. 23 of 34

as hazardous materials under 49 CFR 172.101 and appendices; and

(D) Hazardous waste as herein defined,

Hazardous waste means—

(A) A waste or combination of wastes as defined in 40 CFR 261.3,

(B) Those substances defined as hazardous wastes in 49 CFR

171.8.

Hazardous waste operation means any operation conducted within the

scope of this standard.

Hazardous waste site or Site means any facility or location within the

scope of this standard at which hazardous waste operations take place.

Health hazard means a chemical or a pathogen where acute or chronic

health effects may occur in exposed employees. It also includes stress due

to temperature extremes. The term health hazard includes chemicals that

are classified in accordance with the Hazard Communication Standard, 29

CFR 1910.1200, as posing one of the following hazardous effects: Acute

toxicity (any route of exposure-); skin corrosion or irritation: serious eve

damage or eve irritation; respiratory or skin sensitization: germ cell

mutagenicity: carcinogenicity; reproductive toxicity: specific target organ

toxicity (single or repeated exposure): aspiration toxicity or simple

asphyxiant. (See Appendix A to § 1910.1200—Health Hazard Criteria

(Mandatory) for the criteria for determining whether a chemical is

classified as a health hazard.)

[...]

Qualified person means a person with specific training, knowledge and

experience in the area for which the person has the responsibility and the

authority to control.

[•••]

(Emphasis added.)

Appx. 24 of 34

29 CFR §1910.120 - Hazardous waste operations and emergency response:

(e) Training—

[...]

(6) Training certification. Employees and supervisors that have received

and successfully completed the training and field experience specified in

paragraphs (e)(1) through (e)(4) of this section shall be certified by their

instructor or the head instructor and trained supervisor as having

successfully completed the necessary training. A written certificate shall

be given to each person so certified. Any person who has not been so

certified or who does not meet the requirements of paragraph (e)(9~) of this

section shall be prohibited from engaging in hazardous waste operations.

[...]

(Emphasis added.)

29 CFR § 1910.1200 - Hazard communication (“Right-to-Know”):

(a) Purpose.

The purpose of this section is to ensure that the hazards of

(1)

all chemicals produced or imported are classified, and that

information concerning the classified hazards is transmitted to

employers and employees. [...]

(2) This occupational safety and health standard is intended to

address comprehensively the issue of classifying the potential

hazards of chemicals, and communicating information concerning

hazards and appropriate protective measures to employees, and to

preempt any legislative or regulatory enactments of a state, or

political subdivision of a state, pertaining to this subject. [...]

(b) Scope and application.

(1)

This section requires chemical manufacturers or importers

to classify the hazards of chemicals which they produce or import,

and all employers to provide information to their employees about

the hazardous chemicals to which they are exposed, by means of a

Appx. 25 of 34

hazard communication program, labels and other forms of

warning, safety data sheets, and information and training. [...]

[...]

(e) Written hazard communication program.

Employers shall develop, implement, and maintain at each

(1)

workplace, a written hazard communication program which at least

describes how the criteria specified in paragraphs (f), (g), and (h) of this

section for labels and other forms of warning, safety data sheets, and

employee information and training will be met, and which also includes

the following:

[...]

(g) Safety data sheets.

(1) Chemical manufacturers and importers shall obtain or develop a safety

data sheet for each hazardous chemical they produce or import. Employers

shall have a safety data sheet in the workplace for each hazardous

chemical which they use.

(2) The chemical manufacturer or importer shall ensure that the safety data

sheet is in English (although the employer may maintain copies in other

languages as well), and includes at least the following section numbers

and headings, and associated information under each heading, in the order

listed (see appendix D to this section, for the specific content of each

section of the safety data sheet):

(i) Section 1, Identification;

(ii) Section 2, Hazard(s) identification;

(iii) Section 3, Composition/information on ingredients;

Appx. 26 of 34

(iv) Section 4, First-aid measures;

(v) Section 5, Fire-fighting measures;

(vi) Section 6, Accidental release measures;

(vii) Section 7, Handling and storage;

(viii) Section 8, Exposure controls/personal protection;

(ix) Section 9, Physical and chemical properties;

(x) Section 10, Stability and reactivity;

(xi) Section 11, Toxicological information.

(xii) Section 12, Ecological information;

(xiii) Section 13, Disposal considerations;

(xiv) Section 14, Transport information;

(xv) Section 15, Regulatory information; and

(xvi) Section 16, Other information, including date of preparation

or last revision.

[...]

(10) Safety data sheets may be kept in any form, including as operating

procedures, and may be stored in such a way to cover groups of hazardous

chemicals in a work area where it may be more appropriate to address the

hazards of a process rather than individual hazardous chemicals. However,

the employer shall ensure that in all cases the required information is

provided for each hazardous chemical, and is readily accessible during

each work shift to employees when they are in their work areals).

(11) Safety data sheets shall also be made readily available, upon request,

to designated representatives, the Assistant Secretary, and the Director, in

accordance with the requirements of § 1910.1020(e).

Appx. 27 of 34

(h) Employee information and training.

Employers shall provide employees with effective

(1)

information and training on hazardous chemicals in their work area

at the time of their initial assignment, and whenever a new

chemical hazard the employees have not previously been trained

about is introduced into their work area. Information and training

may be designed to cover categories of hazards (e.g., flammability,

carcinogenicity) or specific chemicals. Chemical-specific

information must always be available through labels and safety

data sheets.

[...]

(Emphasis added.)

S 440.09(4)(al. Fla. Stat.;

An employee shall not be entitled to compensation or benefits under this

chapter if any judge of compensation claims, administrative law judge,

court, or jury convened in this state determines that the employee has

knowingly or intentionally engaged in any of the acts described in s.

440.105 or any criminal act for the purpose of securing workers’

compensation benefits. For purposes of this section, the term “intentional”

shall include, but is not limited to, pleas of guilty or nolo contendere in

criminal matters. This section shall apply to accidents, regardless of the

date of the accident. For injuries occurring prior to January 1, 1994, this

section shall pertain to the acts of the employee described in s. 440.105 or

criminal activities occurring subsequent to January 1, 1994.

S 440.105(41. Fla. Stat.:

Whoever violates any provision of this subsection commits insurance

fraud, punishable as provided in paragraph (f).

(a) It shall be unlawful for any employer to knowingly:

1. Present or cause to be presented any false, fraudulent, or misleading

oral or written statement to any person as evidence of compliance with s.

440.38.

Appx. 28 of 34

[...]

(b) It shall be unlawful for any person:

1. To knowingly make, or cause to be made, any false, fraudulent, or

misleading oral or written statement for the purpose of obtaining or

denying any benefit or payment under this chapter.

[...]

(Emphasis added.)

10.

S 440.11. Fla. Stat.:

The liability of an employer prescribed in s. 440.10 shall be

(1)

exclusive and in place of all other liability, including vicarious liability, of

such employer to any third-party tortfeasor and to the employee, the legal

representative thereof, husband or wife, parents, dependents, next of kin,

and anyone otherwise entitled to recover damages from such employer at

law or in admiralty on account of such injury or death, except as follows:

[...]

(b) When an employer commits an intentional tort that causes the injury or

death of the. employee. For purposes of this paragraph, an employer’s

actions shall be deemed to constitute an intentional tort and not an

accident only when the employee proves, by clear and convincing

evidence, that:

1. The employer deliberately intended to injure the employee; or

2. The employer engaged in conduct that the employer knew,

based on prior similar accidents or on explicit warnings specifically

identifying a known danger, was virtually certain to result in injury or

death to the employee, and the employee was not aware of the risk

because the danger was not apparent and the employer deliberately

concealed or misrepresented the danger so as to prevent the employee

from exercising informed judgment about whether to perform the work.

The same immunities from liability enjoyed by an employer shall extend

as well to each employee of the employer when such employee is acting in

furtherance of the employer’s business and the injured employee is

entitled to receive benefits under this chapter.

Appx. 29 of 34

[•••]

(Emphasis added.)

11.

S 440.13(21(al. Fla. Stat.:

Subject to the limitations specified elsewhere in this chapter, the employer

shall furnish to the employee such medically necessary remedial

treatment, care, and attendance for such period as the nature of the injury

or the process of recovery may require [...].

(Emphasis added.)

12.

S 440.185. Fla. Stat.:

An employee who suffers an injury arising out of and in the course

(1)

of employment shall advise his or her employer of the injury within 30

days after the date of or initial manifestation of the injury. Failure to so

advise the employer shall bar a petition under this chapter unless:

[...]

Within 7 days after actual knowledge of injury or death, the

(2)

employer shall report such injury or death to its carrier, in a format

prescribed by the department, and shall provide a copy of such report to

the employee or the employee’s estate. The report of injury shall contain

the following information:

[...]

The carrier shall, within 14 days after the employer’s receipt of the form

reporting the injury, file the information required by this subsection with

the department. [...]

Within 3 business days after the employer or the employee informs

the carrier of an injury, the carrier shall send by regular mail or e-mail to

the injured worker an informational brochure approved by the department

which sets forth in clear and understandable language an explanation of

the rights, benefits, procedures for obtaining benefits and assistance,

criminal penalties, and obligations of injured workers and their employers

All such

under the Florida Workers’ Compensation Law. [...]

(3)

Appx. 30 of 34

informational brochures shall contain a notice that clearly states in

substance the following: “Any person who, knowingly and with intent to

injure, defraud, or deceive any employer or employee, insurance company,

or self-insured program, files a statement of claim containing any false or

misleading information commits a felony of the third degree.”

[...]

13.

S 440.44m. Fla. Stat.:

INTERPRETATION OF LAW.—As a guide to the interpretation of this

chapter, the Legislature takes due notice of federal social and labor acts

and hereby creates an agency to administer such acts passed for the benefit

of employees and employers in Florida industry, and desires to meet the

requirements of such federal acts wherever not inconsistent with the

Constitution and laws of Florida.

(Emphasis added.)

14.

Fla. Admin. Code R. 600-6.11617):

No more than 10 days but no less than two business days prior to the final

hearing, each party is required to file a brief memorandum consisting of a

statement of relevant facts and written argument, which shall include

filing dates or docket ID for any evidentiary documents which will be

relied upon at trial. All depositions and documentary evidence, including

known impeachment and rebuttal evidence a party intends to offer into

evidence, shall be filed with the memorandum. [...]

(Emphasis added.)

Appx. 31 of 34

216

Selected Occupational Safety and Health Administration IOSHA1 Regulations

The following list of Claimant's substantial rights include, but not limited to:

•

29 CFR §1910.120(a)(3), which states, in part:

Clean-up operation means an operation where hazardous substances are removed,

contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner

processed or handled with the ultimate goal of making the Site safer for people or the

environment

•

29 CFR § 1910.120(c)(8):

Employee notification.

Any information concerning the chemical, physical, and

toxicologic properties of each substance known or expected to be present on site that is

available to the employer and relevant to the duties an employee is expected to perform

shall be made available to the affected employees prior to the commencement of their

work activities. The employer may utilize information developed for the hazard

communication standard for this purpose, (italics added)

•

29 CFR §1910.120(e)(2)(vi):

Medical surveillance requirements, including recognition of symptoms and signs which

might indicate overexposure to hazards, (italics added)

•

29 CFR §1910,120(e)(6):

Training certification. Employees and supervisors that have received and successfully

completed the training and field experience specified in paragraphs (e)(1) through (e)(4)

of this section shall be certified by their instructor or the head instructor and trained

supervisor as having successfully completed the necessary training. A written certificate

shall be given to each person so certified. Any person who has not been so certified or

who does not meet the requirements ofparagraph (e)(9) of this section shall be prohibited

from engaging in hazardous waste operations, (italics added)

•

29 CFR §1910.120(f)(2):

Employees covered. The medical surveillance program shall be instituted by the

employer for the following employees:

1910,120(f)(2)(i)

All employees who are or may be exposed to hazardous substances or health

hazards at or above the permissible exposure limits or, if there is no permissible

Page 1 of 3

Filed February 22, 2023 2:06 AM ET Office of the Judges of Compensation Claims.

APPENDIX F

Appx. 32 of 34

217

exposure limit, above the published exposure levels for these substances, without

regard to the use of respirators, for 30 days or more a year;

1910.120(f)(2)(li)

All employees who wear a respirator for 30 days or more a year or as required by

§ 1910.134;

1910.120(f)(2)(iii)

All employees who are Injured, become ill or develop signs or symptoms due to

possible overexposure involving hazardous substances or health hazards from an

emergency response or hazardous waste operation; (italics added) and

1910.120(f)(2)(iv)

Members of HAZMAT teams.

•

29 CFR §1910.120{f)(3):

Frequency of medical examinations and consultations. Medical examinations and

consultations shall be made available by the employer to each employee covered under

paragraph (f)(2) of this section on the following schedules:

1910.120(f)(3)(ii)

For employees covered under paragraph (f)(2)(iii) and for all employees including

those of employers covered by paragraph (a)(l)(v) who may have been injured,

received a health impairment, developed signs^or symptoms which may have

resulted from exposure to hazardous substances resulting from an emergency

incident, or exposed during an emergency incident to hazardous substances at

concentrations above the permissible exposure limits or the published exposure

levels without the necessary personal protective equipment being used:

1910.120(f)(3)(il)(A)

As soon as possible following the emergency incident or development of signs or

symptoms, (italics added);

•

29 CFR § 1910,120(i) Informational programs.

Employers shall develop and implement a program, which is part of the employer's safety

and health program required in paragraph (b) of this section, to inform employees,

contractors, and subcontractors (or their representative) actually engaged in hazardous

waste operations of the nature, level and degree of exposure likely as a result of

participation in such hazardous waste operations. Employees, contractors and

Page 2 of 3

Appx. 33 of 34

218

subcontractors working outside of the operations part of a site are not covered by this

standard, (italics added)

•

29 CFR § 1910.120(p)(l) Safety and health program.

The employer shall develop and implement a written safety and health program for

employees involved in hazardous waste operations that shall be available for inspection

by employees, their representatives and OSHA personnel. The program shall be designed

to identify, evaluate and control safety and health hazards in their facilities for the

purpose of employee protection, to provide for emergency response meeting the

requirements of paragraph (p)(8) of this section and to address as appropriate site

analysis, engineering controls, maximum exposure limits, hazardous waste handling

procedures and uses of new technologies, (italics added)

•

29 CFR § 1910.120(p)(2) Hazard communication program.

The employer shall implement a hazard communication program meeting the

requirements of 29 CFR 1910.1200 as part of the employer’s safety and program.

Note to § 1910.120: The exemption for hazardous waste provided in § 1910.1200 is

applicable to this section.

•

29 CFR § 1904 Recording and Reporting Occupational Injuries and Illnesses.

The purpose of this rule is to require employers to record and report work-related

fatalities, injuries, and illnesses. Employer/Carrier did not report Claimant's work-related

injury in OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301

Injury and Illness Incident Report within the seven (7) days of receiving notice.

Page 3 of 3

Appx. 34 of 34

"XT’

No.

IN THE

SUPREME COURT OF THE UNITED STATES

— PETITIONER

Andrew Isaacs

vs.

Interplex Sunbelt, Inc., et al. — RESPONDENT(S)

ON PETITION FOR A WRIT OF CERTIORARI TO

FIRST DISTRICT COURT OF APPEAL, STATE OF FLORIDA

APPENDIX TO PETITION FOR WRIT OF CERTIORARI

VOLUME II

Andrew Isaacs

1880 NW 59 Ave.,#B

Sunrise, Florida 33313

954-618-9028

4’

APPENDIX TO PETITION FOR WRIT OF CERTIORARI

(VOLUME n)

Table of Contents:

Appendix G

Pretrial Stipulation

Appendix H

Training Record Form

Appendix I

Memorandum Dated June 17, 2022

Subject: Opportunity for Growth in Adversity

Memorandum Dated August 1, 2022

Subject: Chemical Exposure & OSHA Compliance

Memorandum Dated August 3, 2022

Subject: Continuing Pattern of Harassment

& Hostile Work Environment...............

Memorandum Dated August 3, 2022

Subject: Extended Pattern and Practice of Harassment

& Hostile Work Environment................................

Appendix M

Training Matrix Report

Appendix N

Request for Safety Data Sheet

Appendix O

Response to Request for Safety Data Sheet

Appendix P

Letter of Constructive Discharge

Appendix Q

Safety Data Sheet

Appendix R

Hazard Communication (HazCom) Program

Appendix S

Pedro Villa-Gileno’s Trial Testimony,

(Initial Brief, at pp. 45 - 46)..............

Appendix T

Job Description

Appendix U

Interplex Sunbelt, Inc.: Quality Manual

Appendix V

OJCC Docket

Appendix J

Appendix K

Appendix L

Appx. 1 of 53

STATE OP FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OFFICE OF THE JUDGES OF COMPENSATION CLAIMS

O.ICC Case No,! 22-021848MJR

Date of Accklcnt(s): 04/04/22

F.MPLO YEE/CLAIMANX:

ATTORNEV FOR EMPLOYEE:

Name: ANDREW ISAACS

Address: 1880 N.W. 59 Avc„ Apt 8

Name: Pro Sc

Address: __

EMPLOYER:

ATTORNEY FOR EMPLOYER:

Name: fNTERPLEX SUNBELT. INC.

Address: 6690 Hinttis Rd.

Sunrise. FL 33351

Name: SAL A. RICHARDSON, ESQ,

Address: Tcsian Law Office

150 SPine Island Rd.. Ste. 300

Plantation. FL 33324

CARRIER/SERVICING AGENT:

ATTORNEY FOR CARRIER/SERVICING

AGENT:

Name: JENELLE FOLKES

Claims Representative

THE TRAVELERS INDEMNITY

COMPANY

Name: SAL A. RICHARDSON. ESQ.

Address: Tcstan Law Office

150 S Pine Island Rd.. Ste, 300

Plantation, FL 33324

Address: P.O. Box 4614

Buffalo. NY 14240

UNIFORM STATEWIDE PRETRIAL STIPULATION

As authorized under Rule 600-6.113, and as ordered by the Office of Judges of Compensation Claims, the

parties hereby provide the following information and make the following stipulations:

STIPULATIONS

1. Date of Accidents):

Employee: 4/4/22

E/C/SA: April 4.2022

2, County of Accidents) or agreed eounty/venue:

Employee: Broward

E/C/SA: Broward

3. Date Mediation Held:

Employee: 1/11/23

B/C/SA: January 11.2023

4. Date Final Hearing Set:

Employee: 7/10/23

E/C/SA: duly 10,2023

Uniform Statewide Pretrial Stipulation

OJCC Case No: 22-021848MJR

Page I of 16

Fifed March 22,2023 5:20 PM ET Office of the Judges of Compensation Claims.

APPENDIX G

Appx. 2 of 53

Questions 5 through 7 to be completed by the Employer/Carricr/Servlelng Agent.

Yes

5. Employer/Employee relationship on date ofaceident:

6. Workers’Compensation insurance coverage on date of accident:

7. Accident or occupational disease accepted as compensable:

8. The Employee asserts the following injuries or conditions arc related to the accident;

Employee: Burning and tightening of hands; cytotoxicity; genotoxicity

9. The E/C/SA agree that the following injuries or Conditions are accepted as related to the accident:

E/C/SA: None

10. Is case governed by a managed care arrangement?

I Yes

Yes

Employee:

E/C/SA;

11. Jurisdiction of Judge of Compensation Claims over the subject matter:

Yes;

Employee:

Yes

E/C/SA:

12. Jurisdiction ofJCC over the parties:

Employee:

E/G/SA:

YES

13, IS the Average Weekly Wage at issue?

Yes

Employee:

Yes

E/C/SA;

If AWW is in dispute, list the information below:

Base Wage:

Employee

SIS per hour

E/C/SA

$600.00

Fringe'Benefit:

$7 per hour (employee benefits)

undetermined *

S22 per hour

$600.00

Total:

Uniform Statewide Pretrial Stipulation

OJCC Case No: 22-021848MJR

Page 2 of 16

Appx. 3 of 53

14. Maximum medical improvement, if reached* list date, name of physician, and impairment rating:

Date:

Dr:

Rating:

' Statutory MMI date:

Employee

10/31/22

• Nicole Nicophene

E/C/SA

October 31,2022

Nicole Nicophene

N/A

No objective relevant medical

findings i n absence of medically

necessary intervention

Employee

E/C/SA

Employee

E/C/SA

Date:

Rating:

Statutory MMI date:

Date:

Dr:

Rating:

Statutory MMI date:

15. If benefits under F.S.440.i 3 (medicals) are determined to be due or stipulated due.herein, (he

parties agree that the exact amounts payable to health providers will be handled administratively and

medical bills need not be placed into evidence at trial:

Yes

Employee:

Yes

E/C/SA:

1.6. Medical provider and specific injury or condition medical provider authorized to treat:

Employee: no medical treatment for chemical exposure to hands nor for nanoparticle exposure to

entire body

E/C/SA:___________________________________

17. 1ME Physicians:

Employee: none provided by E/C/SA

E/C/SA: None

___________

18, EMA Physicians: List names and dates of appointed EMA(s):

Uniform Statewide Pretrial Stipulation

OJCC Case No: 22-02I848MJR

Page 3 of 16

Appx. 4 of 53

,ts

Employee: riot curecntlv appointed

E/C/SA: None _____________

19. .Only list stipulations discussed and agreed upon by ali parties:

fl.

(PdHies may dtiddft

EMPLOYEE: By filing date of PFB, list each

unresolved claim (specific type, period,

provider end amount of benefits) to be

adjudicated at final hearing:.

E/C/SA:

Identify the specific defeases or,response

'for-paohtihrcsbivedclaim to be.

adjudicated at the final hearing:

.PFB filing date: 9/7/22

1 Defenses:

issues: nereisuntreated work-relatedinjuryfromdaily and '

Independently continuing exposure to unknown, hazardous

It 'ttere is .noicleafjahdCdnvincifigevidence

chemicals from mm to 11/1/22. incorporating daily ~

that the Claimant suffered any chemical

, occurrences ofinjury and intensifying.Claimant!sjmedical

exposure as alleged at Work: As such,

Impact. Clc&mahts work-/elated injury is compensable.

compensability of some is denied.

Claimant suffered disability its fl result of unknown;

hazardous chemical cxnosure In a nanotechnology process

and was not provided timely and medically necessary

Intervention, precluding objective relevant medical

findings, whereby E/C/SA fraudulently denied benefits.

Claims:Beginning 4/4/22 and continuing

Medical Impatt fram Chemical Exposure: Items ! - 7

1. Tissue damage in' both hands

2. -Nerve damagc'ln both hands

3. Musculoskeletal damage in both hands

'A.. Genotoxicity of entire body

5; 'Cytotoxici ty of entire body

4. Damage tooTgans of entirtbody

7. 'Latent disease (LD) development: impact on nervous

s^ystenb lymphatic System, endocrine system, ysSeniaiv

yySteiri,- dennal system, arteriesiiand ocular 'system

due to exposure to a dangerous nanotechnology

iUniforiji StatewldebretriaT Stipulation

:OJCCCaseNo: 22 021848MJR

Page 4 ofIfi

Appx. 5 of 53

2. Per the denial of compensability,no

medical of Indcmhity benefitshre due or

owing.

3, %ere is ho evidtmee the Claimant was

ever placed out of work, such that no TTDrs

due or owing.

A There is no ,evidence the Claimant was

ever placed on light duty Work status, such

that no TPD is due or owihg.

5. The Claimant continued to make at least

86% of his AWW through his dale of

resignation on 11/2/22. post MMi. As such,

no TPD is due or owing.

& TcOpmpehesbailiiy found tQ;^bdUe and

owing, :tranmsportnioi'n will be provided to

process with indeterminable medical impact, resulting authorized medical appointments. Per the

from the combinat ion of (i) 2-Propenoic acid,

denial it is Currently denied,

homopolytner, (ii) Gluconic acid, and (ii!) sodium

hydroxide as indicated in the Safely Data Sheet (SDS) 7. No PICA is due Or owing

produced by E/C/SA on February 10,2023.

Wage. Disability, Long-term Medibai Care, and

Transportation Benefits; Fees & Costs; Penalties &

Merest: items 8 -14

8. Wage loss benefits; Adjustment of AWW to $22/hour

or S880.00 per week, which includes employee

benefits

9. Authorization of Transportation benefits for

<i) medical appointments, and (ii) decline in

functionality of both hands‘ 10. Authorization of long-term medical care and testing

due to disability from unknown chemical exposure

11. Temporary Partial Disability (TPD), beginning 4/4/22

and continuing: Payment of TPD benefits from date of

accident to date and continuing so long as lost wages

and disability continue 12. Temporary Total Disability i(TTD), beginning4/4/22

and continuing: Payment of TPD benefits from date of

accident to date and continuing so long as lost wages

and disability continue

13. Attorney fees and/or costs

14. Payment of penalties and interest on late payments of

indemnity benefits

PFB filing date:

Issues:.

Defenses:

PFB filing date:

Issues:

Defenses:

Uniform Statewide Pretrial Stipulation

OJCC Case No: 22-021848MJR

Page S of Id

Appx. 6 of 53

E/C/SA: List with specificity ail affirmative

defenses:

EMPLOYEE: List with specificity all

objcctions/responses to any defenses of

E/C/SA:

PFB filing date: 9/7/22

Defenses:

Issues: Additional pages arc attached,

adding specificity to Items 1 through 13. I. There is no evidence in support of any of the

objections to affirmative defenses, of which there

1. Unclean Hands Doctrine Estoppel do not appear to be anyfi/}y

2. Estoppel by fraud and deceit

3. Estoppel from Silence

4. Duress and Coercion in

Opposition to Claimant's

Protected Activity and in

Violation of Section 440.205. Fla.

A. fit TCC Jew ** *

Slat.

5. Tampering with and Harassing

Claimant Pursuant to Section

914.22, Fla. Stat

6. Fundamental Errors Affecting'

Substantial Righis Pursuant To

Section 90.104(3), Fla. StaL

7. Fraud

8. Doctrine of Laches

9. Fourteenth Amendment to Unrfed

States Constitution

10. Section 440.18$, Fla. Stat,

11. Section 440.44, Fla. Stat

12. Section 440.02, Fla. Slat.

13. Section 440.13, Fla, Stat.

PFB Division filing date;

Issues:

Defenses*.

I PFB Division filing date:

1 Defenses;

Uniform Statewide Pretrial Stipulation

OJCC Case No: 224)21848 MJR

Page 6 of 16

Appx. 7 of 53

ffirwpA C' •

Issues:

Note: The Judge of Compensation Claims reserves the rigjht to impose sanctions for failure to

specifically answer the foregoing in good faith. A reference to another pleading or to a general

class of benefits is not sufficient:

[Space intentionally left blank]

WITNESSES

I. List the specific and full names of all witnesses, their addresses, and company affiliations.

Mark only live or by deposition. Final witness and exhibit lists must be served on opposing

parties and filed per 60Q-6.I13(6). Depositions and exhibits must be filed in compliance

with.60Q-6.1 1 6(7). Telephone testimony is governed by 60Q-6.n3(3), Parties "may attach

additional pages if neccssaiy.

Onifoim Statewide Pretrial Stipulation

OJCC GaseNo: 22-02184SMJR

Page 7 of 16

Appx. 8 of 53

EMPLOYEE;

Name/Company, Address

1. Pedro Vargas; Production Supervisor at Intcrplex Sunbelt; Inc.

2, Pedro Villa-Gileno; Environmental Health & Safety Engineer at

Intcrplex Sunbelt, Inc.

_______

3' Nicole Nicophcnc, M D.; Clinician at Concentre Urgent Care

(Check only one)

Pepo

Live

E/C/SA:

(Check only One)

Depo Live

Name/Company, Address

All listed by the Claimant

Diana Perry, HR Manager

Cccila Simpson, HR Generalist

Claimant

IV.

EVIDENCE

• 1. AH documentary e vidence must be served and filed in compliance with (SOQ-6.113(d) and

.600-6.116(7).

List all documentary evidence below. Parties may attach addit ional pages if necessary.

EMPLOYEE:

E/C/SA

Agrees

N.'B.

Letter of Constructive Discharge filed by

Claimant and produced by E/C/SA

Articulating the Evidence of Constructive

Discharge filed by Claimant

Distinguishing Clean-up Operation from

Wipe-down Activity filed by Claimant

Personnel File Record filed by Claimant and

produced by E/C/SA

Hazard Communication Program filed by

Claimant and produced by E/C/SA (not a

controlled document)

Additional pages arc attached

E/C/SA:

Uniform Statewide Pretrial Stipulation

OJCC Case No: 22-021848MJR

Page 8 of 16

Appx. 9 of 53

E/C/SA

Disagrees

E/C/SA

Basis for Objection

Hearsay, Irrelevant

Hearsay, Ifrelevant

Hearsay, Irrelevant

Employee

Agrees

Employee

Disagrees

Employee

Basis for Objection

1. Motion to Admit, with Exhibits

Claimant Deposition, with Exhibits

Claimant Personnel File

Claimant Payroll Records

2. Remaining depositions/events to conclude discovery, including dates ofevaluations or

depos:

Employee: On January 25.2023. Employee filed Motion to Compel E/C to Satisfy First

Request for Production filed January 5.2023

E/OSA: None

3. Estimated time of final bearing:

I Employee: 5 hours

I E/C/SA: i,0

I Total estimated time: 6.0 hour?

Date: March 21.2023

For Employce/Claimant (signature)

Florida Bar No.:

(Print or type name)

Satj4. IRcc/uyidiM.

Date: March 22.2023

For Employer (signature)

Sal A. Richardson. Eso

(Print or type name)

Florida Bar No.: 0608831

Sat & l&ctandioti

Dale: Match22.2023

For Carrier/Servicing Agent (signature)

Sal A. Richardson. Eso

(Print or type name)

Uniform Statewide Pretrial Stipulation

QJCC Case No: 22-02I848MJR

Florida Bar No.: 0608831

Page 9 of 16

Appx. 10 of 53

ATTACHMENT

Sections II and IV below represent additional pages, which are incorporated into the

foregoing Uniform Statewide Pretrial Stipulation dated March 21, 2023

H. CLAIMS AND DEFENSES

(Parties may attach additional pages if necessary.)

The following tabic on pp, 10 -14 contains a list of defenses with specificity to shield

Claimant’s claims for disability benefits due to indeterminable medical impact, wage loss

benefits, long-term medical care benefits, and transportation benefits:

EMPLOYEE: List with specificity ail

objections/responses to any defenses of

E/C/SA:

E/C/SAt List with specificity all

affirmative defenses;

I, Unclean Bands Doctrine Estoppel

The E/C/SA knowingly and consciously denied

claim on the basis of no medical benefit without

timely reporting Claimant's injury and providing

immediate and relevant medical intervention, acting

contrary to OSHA regulations, although the E/C/SA

knew of the hazardous chemicals, causing

Claimant's work-related injury, which it withheld

from Claimant.

E/C/SA has no right to assert evidence of objective

relevant medical findings nor deny claim, where the

medical impact is currently indeterminable.

2. Estoppel by fraud and deceit

Claimant relied detrimentally, in ignorance of the

true stale of the/acts, on E/C/S A's intentionally

fraudulent and deceptive representation of no

hazardous chemical exposure, resulting in

Claimant's foreseeable medical impact, in violation

of OSH A regulations.

E/C/SA maintained its initial position of no

hazardous chemical exposure, but the Safety Data

Sheet (SDS) contradicts E/C/SA's initial position,

showing E/C/SA had knowledge of the hazardous

chemicals.

3, Estoppel from Silence.

E/C/SA had a duty to disclose to Claimant that there

was hazardous chemical exposure involved with

Claimant's work process but E/C/SA held strict

silence in l ight of several requests for disclosure by

Claimant, violating OSHA regulations, including

Right-to-Know. The request for disclosure was

material to the determination of Claimant's full

medical impact that is currently indeterminable.

Uniform Statewide Pretrial Stipulation

OJOC Case No: 22-021S48MJR

Page 10 of 16

Appx. 11 of 53

4.'Dafcfis find Coerdon in Opposition to

^Claimant's Protected Activity and in Violation

,bf SecBon 440;2pS,Tla. Slat.

Based ori cxercise of protected activity pursuant to

OSHA regulations, aaimant was impacted by

Silence, resistance, tttaliation, discrimination,

intimidation, unlawful operations, unqualified :

work assignment, misrepresentation and fraudulent

concealmcm of hazardous chemical exposure,

intolerable wort: conditions, and constructive

discharge as a result of the intentional acts of

E/C/SA.

* ' ■ ,___________

S. Tampering .with and HarassingCInimnni

Tui^ant tSSecfion SidTi^FIfl^Shsi

V” j

- E/C/SA khowihgjy ®d jntemidnally ‘Hindered,

delayed; prevented, and dissuaded Claimant from

communicating and reporting the full scale of his

work-related injury and long-term medical impact

in his Petition fbtTJenefte’filed ^etrilrer 7,2022.

Due to E/C/SA's violation of (he -OSH Act,

Qaimant has been IfiwrdulenUy.prevented ;from

presenting (iV the' full's«)pe of his w»otk-reiated

injury, (i>) timely and medically; 'neee'ssary'

intervention, since' his medical needs were denied

and remain indeterminable, and (iii) the magnitude

of his hazardous chemical exposure that whs

unknown because of E/C/S A's cover-up.

6. Fundamental Errors Affecting Substantial

Rights Pursuant To Section 90.104(3), Fla. StaL

aaitriani is su^ect joihe'C<«epf Fed«al;

Regulations (“CFR") thal embodies the relevant

laws undet Occupational Safety and Health Act

(“OSH" Act). These CFR are substantial rights in

Claimant's possession.

In particular. Claimant's -was. adversely and

materially aflreted due to .E/C/SA's refusal to

comply with law, including, but riot limited to. the

following: 29 CFR

1910 add 1904,

7-Freud

E/C/SA engaged in thuid by denying Claimant's

medical benefits and failing to dischargeits duty to

provide immediate and responsive medical

intervention based on OSHA regulations: I n so

doing, E/C/SA .cannot establish that it satisfied the

condition ofobjectiVCirelevant medical findings.

Page 11 of Id

Appx. 12 of 53

In particular, .the E/C/SA’s fraudulent actions

include, bufhot limited to/the.following: Wpnwcming Claimant from trying the full medical

impact due 4> piiniaibwtv hazardous; .Chemical'

exposure; (extrinsic fraud)

(ii) presenting, in its .‘response to petition for

'benefits, misleading information that claim docs not

involve medical benefits, (intrinsic fraud);

(iii) subjecting Claimant to durcss and coercion

based on exercise of protected nctivitjr.ieading jo

cbnstmciivc discharge, (ihtrinsic frtud)

8. iDoetHfie ofUehes

E/C/S A delayed disclosure of Claimants hazardous

‘Chemical exposure, heading: to work-related.tinjUry

without immediate medical treatment*,The fmudulent

concealment of hazardous chemical exposure and

/denial of immediate medical treatment ’deprived

Claimant of objective relevant medical findings.and

constitutes E/C/SA's unreasonable delay, causing

prejudice to Claimant in preventing, the JCC from

making a safe conclusion on the truth of Claimant's

comprehensive medical impact and wage loss .benefits.

Claimant utilized and exhausted all reasonable steps to

engage E/C/SA in an attempt to awaken its operatiotiai‘stupor, 'leaving a well-preserved and well-charted trail

,V rpefsonhel file documents, email and ‘text

correspondences, yet E/C/SA intentionally refused to

provide any disclosure into the totality of Claimahfs

chemical exposure and medical impact, so the E/C/SA

could deny liability.

;

'Claimant' wasinjured and disadvantaged‘by. C/G/SA's

delay and cover-up wherein objective relevant medical

findings were no longer nnainable, such that E/C/SA

cannot assert thnt if possessed any evidence dfdbjcctivc

'■relevant medical findings.

Claimant was referred to Concentre Urgent -Care

('•Concentre-) by B/C/SA on October 27.2022. eightyfive (85) days after his August 3. 2022 memorandum

‘informing human resources about his medical signs and

symptoms.

9, Fourteenth Amendment to United .States

Constitution .*

Semiph i,'Amendment XiV, states inreleyampart:

“No state shall mike or enforce any law which shall.,

.’ deny to any person Within its jurisdiction thc cquai

protection of the laws,"

______ __

Uniform Statewide Pretrial Stipulation

OJCC Case No: 22-021848MJR

Page 12 of 16

Appx. 13 of 53

to, the following OSHA regulations' land: Florida

Statutes! 29 CFR §§ 1910 and 1904;

; |;90.104(3). Fla. St8l.: .§ 914.22, Fla! Siat.; § 440.20Sj

• Fla.Stat.

10.'Section 440.185, Fla. Stat.

;On August -3. 2022. E/C/SA had/knowledge tf

'Claimant's work related Injury through memorandum

presented to human resources. . Employer failed'to

JpfoVJde Claimant with a copy efthi' reimrt toIts catridr

dhai indicated Claimant^,«Ork^relMeti iitjwy,; vioiafing

subsection ,(2> Employer did not ihfbiWitsaamef Of

Claimant's * injury within 7 days after "actualiKhowiedgtf’Wirijury as-prescribed4y,sflbsect{on <2)'

and is subject to an administrative 'fine pursuant to

.subyectibn (8)y

^i(tliTfrrbuSiness;d8y« felI6«Hfle tHe ie^i^hol-dHe

7 days (list Employer had actual knowlcdgcof injury,

■ EMpioyeif$ earner, pursuant to subsection (3), .foiled 16

by mguim;maii Ore-mail to theimjured Svortsef mi

1 inforfnhtlbnal brochure approved by ;the department

Which sets forth in clear and understandabie language

•an explanation of the rights^ benefits, procedures ter

obtaining benefits and assistaheej criminal'peiiaiiieSj

land dbiigations of injured workers and their employers

under ^'1ilcM'da^dftei«*'am|Mis^.ldtw.H.'/«

the aliemaitvet Claimant 3ld fail freceM jm

JnfdrmcMondi ' broihuhJjm ,^i0m idriier

iWough anyyaorrespondmee Baled or poiimdrkad on

August 13,2022.

/rurtWv'Claimant was not Notified fJ(M A /of the

avmiabliity of servifeci from the Ernpi6^ee,v\sstsfehce 1

end Ombudsman Offic^ according bsubsebtlori (10Jat any time pnor to Au&ist 15* 2023. In particular,

E/C/SA did not notify Claimant prior to August 13,

2023, among other things, by including the following

In 'aobordahCc with subsectionfiOXC):

. A statement that the informational brochure

referred to in subsection (3) will be mailed to

the employee within 3 days.after the carrier

receives notice Of the injury;

The ctear lnck of performance by Employer to satisfy

subsection (Sj indicates fimb'dyer's llnfcntlohtdreydid

land defty benefits for Claimant's woffcrtiated injmyr

which it did through its October I S, 2022 respphse to'

.petition for benefits. This demonstrates .(he unclean

hands of E/C/SA.

Uniform StntcwidePrctrihl Stipulation

• OJCC Case No: 22-021848MJR

Page |3 pF-16

Appx. 14 of 53

(I) flOTEJpifATi^ OF LAW.^A'5 n guidc ib.

the SnterpretationOf this chapterythc Legislature takes

'due notice Of federal social ahd 1a£of Sets ini) hereby

pvaies an a£thty id 'administer such acuipaSiztiftir

the benefit of cmplo)Vcs 'ami employers In Florida'

ifntfwfoOaod desires to meet thc reqoirefifeiife bf^suih

ifederal acts ttfiitttverjnoi fneehsisiehi wife the'

Constitution and laws of Florida, (italics added) '

Ifflilmaiksubjeato b^ffiOTal Safety ifiaMaith

Adniinistratidn's (OSfiA) 'iegulafidns, -aiiifiiudine^ljbt

fmpwingly ahdeortsfcipusiy violatedOSHAreguiafibnis

that control Claimant's -employment rights and.

^protected activities, E/C/fiA evaded OtjlectlyMelevfet

imedicai findings vfeetvit IrtUduiertilywithheld relevant

Information • on - Claimant's hsu-nrdmis' chemical

exposure in violation of OSHA regulations.

,ln doing so. E/S'A conspired against Claimant to deny

benefits

fSatmam to ansepidemiMdidcalstudy;., v|2. Section 440.02. Fla. Stat.

>*An lt\Ji‘ny iot disease caused l$-&p6sm tn-d :faiiie

'Substanbe. iincloding, but 3iet'limited (o,'fungus or

mold, fs not On Injuiy by accident arismg out of the

employment imtess there -is attar, stnd;ednvlncihj’ f

evidence itsiatffishing Meat exposure >to the Specific

ilubstanceInvolved, at theleVcTslo Which the employee

,«fe“exposed, drn.cma* # *#>» ardtseasmaidtimf

l^WtfpenOlc.aetd,

homopoiymer, fli) bluconictacidj and' (lif) fiidium

' hydroxide as indicated in the Safety Oath Sheet |SD$)

produced by ti/C/SA on February 10, 2023 was the

eauscdfCiaimant's tvefk'rciatedWjuryiThee'lteniicals

individually are also haeatdeus.

13. section 440.13,'Fla. Stat;

(2) MroiCALi'RI^tMKNI'-.Dim'OF

EMPlJOYERTOFURNnSH^"

fa); Subject to Sbe limitations #CcifiCd etsewhCM :ln

'this chapier,’the'cmployer stell furnish to fee employee

such medically accessary remedial treatment, care, and

attendance for such period as the nature of the injury or

the process of recovery .may require....

FJC/Sd deniedinediadity heeesatfv intervention.

WvEVIfiENGE

.UhifbnnSfsite^dePreMai Stipulation

&JCC Cosef«p:'f2-02l®t8Mlrt:

Page 14 of 16

Appx. 15 of 53

and 60Q-6.il 6(7).

filed in compliance with 60Q-6.113(6)

List all documentary evidence below. Parlies may attach additibnal pages if necessaiy.

®^LOVE& * ’’’.........

E/G/SA E/G/SA.

Agrees Disagrees

i Selected OSHA Regulations filed by Claimant

7. - Claimant’s Statement of Whistleblower Complaint

dated November 112022 filed by Claimant\

•8.

Employer’s Whistleblower Position Statement dated

January 13.2023 filed by Claimant

Claimant's Whistleblower Rebuttal dated January 19.

2023 filed by Claimant

10. Employer’s Whistleblower Response dated Febniary.2j

2023 filed by Claimant

11. .Reference Manual on Scientific Evidence, Second

Edition, Federal Judicial-Center 2000 filed by Claimant

;i2. Progress Toward Safe Nanotechnology in the

Workplace; A Report from the N10SH NanqteclinOlogy'

Research Center, Project Updates for 2007 and 2008

filed by Claimant

.. ..

13, OSHA Complaint No.' 1966473: Letter dated February

3,2023 filed by Claimant

- . ~V'

14. Dccon laboratories Inc.’s Safety Data Sheet (SDS)

produced by E/C/SA; (contained in filed,personnel file

record)

15. Claimant's email correspondences and responses

involving Interplcx produced by E/C/SA and held in

Claimant’s records, (contained in personnel file fecoldV

16. Claimant’s four (4) memoranda to human resources

involving Maglenc Ayala; Edward Cobb; Pedro Vargas

produced by E/C/SA and held in Claimant’s records,

(contained in~ personnel file record) ■

17. Documents admitted based on Claimant’s First Request

for Production filed January S, 2023.

38. Admitted Medical Records of Concentre dated October

31.2023 filed by E/C/SA

' • ’ .

39; Case law:

Koikos v. Travelers Iris. Co.. 849 So. 2d 263 (Fla. 2003)

Goldberg v. Florida Power Light Co., 899 So: 2d 1105

(Fla. 2005)'

Festav. Telcflcx, lnc.,382 So. 2d 122 (Fla. Dist. Gt.

App. 1980)

Cuririittgham v, Aneh6r'HockingCorp..y5'5'8 So. 2d 93

(Fla. Dist. a App. 1990)

Victor Wine Liquor; fnc; v. Beasley, 141 -So: 2d58l

(Fla. 1962)

, „

State Farm Fire & Casualty Cbv V: CTC pevelopmeht

Corp., 720 So. 2d 1072 (Fla. 1998)

Travelers Ins, v. C.J. Cayferis Co,. 366;S6; 2d 1199

Uniform Statewide Pretrial Stipulation

OJCC.Case No: 22-021848MJR

Page IS of 16

Appx. 16 of 53

E/C/SA

Basis for Objection

;{Wt.Dist-a.App.i?79)

Berty v. CSX Transportation. Tnc.,709So.2<l552 (Fla.

Dist.aApp.i99S)

BaWwIfv. Baker. 71 So. 2d480tffe. 1954)

Uniform Stinewide'PretrialStipiilniion

d)a O^N6;^2t 84SMTO

Page iSAMC

Appx. 17 of 53

# Interplex

Training Record Adrift

;6mplpyee (fame: Andrew Isaacs

department: Automation - Medical

EmpfpyseTfr

Date:

Sunbelt

4/4/2022

Type of Tratrfingrffiead and underetand/Preseritafions

Instructor Richard Sullivan

Reason for Training (check box below):

□ 8D

,Q Document Change

□ Performance Review

□ Specific need for Development

Q On-the-Job Training

O Other Day of Hire Orientation

’<ri«i)c*ttsj

Ust of Summary of Topics and Oocumonts Covered:

Hazmat & Machine Guarding

New Hire Required Training (SBID16)

jDay Of Hire Orientation

GPP

Continental Saves Lives Video

Employee Signature Log

Lock Out Tag Out

Confidentiality, Gossip, arid Harassment (SBTR014)

Co\rid-19 Prevention Tips Booklet

instructor or Manager Signature:

Trainee Signature*

Instructor Or Manager Printed Name:

S8QF331.00

APPENDIX H

Appx. 18 of 53

112

MEMORANDUM

To:

Cecelia Simpson

Human Resources Department

Pedro Vargas, Production Supervisor

Prom: Andrew Isaacs, AU10 operator

Date: June i7, 2022

Subject: Opportunity for Growth in Adversity

Summary:

This is a report of a situation between AU10 Operator, Andrew Isaacs, and a Quality Assurance

employee. Maglene Ayala.. The circumstances reflect intolerance for another employee arid indicate

urgent human development training.

Quality:

Measurable and harmonious chemistry between people, technology, and strategy.

• approach are essential triggers for quality!

Behavior and

•

Situation:

On June 15, 2022, QA employee Maglene Ayala (hereinafter called “QA") approached AU10 operator

Andrew Isaacs (hereinafter called “AU10") with regard to one (1) defective sample strip submitted to

the Quality Assurance Department. The AUIO has submitted in excess of 100 sample strips, which

indicate a less than i% error. The criterion for inspection of the sample strip is visual, making it possible

for human error.

The QA approached AU10 in a martial manner and inflicted repetitive' Outbursts on that single error,

resembling the way an adversary corners her Opponent arid challenging the nature of my training. Yet

AUTO has delivered excellent work product without incident in less than two months, functioning

independently after about one month. It is considerably devaluing and insulting for anyone to disregard

and disrespect another, using a pretext to cover insincere motives. •

Mr. Vargas asked me to meet with Ms. Simpson to whom I spoke on June 15, 2022.

Condition Precedence:

The QA has repeatedly demonstrated a disrespectful and Confrontational approach toward AU10. The

following observations were made during AuiO’s interaction with QA and recalls QA’s statements:

APPENDIX I

Appx. 19 of 53

113

Cecelia Simpson

Pedro Vargas

June 17,2022

Page 2 of 2

1. The washer/dryer heed's to be'clea ned Weekly;

2. The packaging oh the stacking tray were not properly oriented with a continuing meltdown in

QA's behavior;

3. Pernicious and aggressive tone, directly inflicting terror and fear; arid

4. Condescending disposition.

TheAUiO was fldt responsible for any of the conditions in items 1 -2. There was never ariy particular

instructions that the packaging tray needed a specific orientation. Further, the tray is movable and

AUi o had no information on critena to load finished product.

Tactica Adversa:

Principle that involves the.u'se of minimum resistance to explore the full .scope of an adversary.

'The Aiilblpatientjy'tOleMed'SA^d'cphtihiJed iO toiWerexplpfe methodeidf demeanirig AUfO, This

•analysis is grounded by the fact that AU10 had never engaged QA during any of the previous

confrontational behavior.

’

Indication:

The QA's motive is driven by lack of experiehfce irt operating in complex and diverse situations,

•suggestive of positional insecurity arid cultural bigotry; This presents’the finding that QA's limitaiioha

may be a microcosm of a broader issue affecting the production facility.. Ultimately, the purpose of

quality is defeated.

Thank you.

Andrew'lsaacs

954-618-9028

aisaacs11@comcast:net

Appx. 20 of 53

115

rfo ll'STKLf"JMIg

MEMORANDUM

To:

Cecelia Simpson

Human Resources Department

From: Andrew Isaacs, AU10 operator

Date: August 1. 2022

Subject: Chemical Exposure & OSHA Compliance

Summary:

Whether the exposure to chemical in washer system on the AU10 machine is in compliance with

Occupational Safety And Health Administration ("OSHA"); and whether Andrew Isaacs f (saacsl,

AU10 operator, has a duty to clean industrial chemical by-product.

Situation:

On the morning of August 1,2022, Isaacs was approached by Edward Cobb who affirmatively

instructed him to clean the Washer. Isaacs pointed out that Cobb had intended to provide cleaning

equipment since June 7, 2022, but it was not provided. Further, Isaacs Was jhtehHjpted while

explaining his concern about handling the chemical waste whose composition is unknown.

Additionally, Cobb directed Isaacs to wear gloves without any confirmation whether the gloves

obstruct chemical permeation. Isaacs suggested that this will need further resolution. Cobb

asserted, “this is the resolution." Essentially, Isaacs finds Cobb’s behavior to lack understanding of

Isaacs’s genuine concern for his health and that the task is appropriate for his position. The cleaning

of industrial waste is not a matter to trifle With its consequences.

Indication:

Cobb's expertise in chemical Waste management needs to be established and his treatment of Isaacs

demonstrates callous indifference.

Thank you.

Andrew Isaacs

954-618-9028

aisaacsi 1 @comcast.net

APPENDIX J

Appx. 21 of 53

117

Interplex

MEMORANDUM

To:

Cecelia Simpson

Human Resources Department

From: Andrew Isaacs, AU10 operator

Date: August 3,2022

Subject: Continuing Pattern of Harassment & Hostile Work Environment

Summary:

Edward Cobb approached Isaacs’s work area and left a blue container with a brush on the table,

stating it is to be used for cleaning the washer.

Situation:

On the morning of August 3,2022, Isaacs was approached by Edward Cobb who harassingly told him

that the equipment that he brought was to be used to clean the washer. Isaacs had his phone in his

hand and Cobb said, "you are not allowed to have your phone; this is the last time I am telling you.’’

He walked away and Isaacs pointed his camera toward Cobb and he teasingly waived at Isaacs.

Isaacs never uttered a single word during the duration of Cobb’s harassment and abusive conduct.

See memorandum dated August 1, 2022, entitled "Chemical Exposure & OSHA."

Indication:

Cobb's continuing abuse and mistreatment of Isaacs is unbearable and weakens Isaacs's genuine

ability and intent to provide top-class work product.

Thank you.

Andrew Isaacs

954-618-9028

aisaacsl 1@comcast.net

APPENDIX K

Appx. 22 of 53

121

%>1liK4J!4fg x

MEMORANDUM

To:

Cecelia Simpson

Human Resources Department

From: Andrew Isaacs, AU10 operator

Date: August 3. 2022

Subject: Extended Pattern and Practice of Harassment & Hostile Work Environment

Summary:

Pedro Vargas, supervisor, approached Isaacs’s work.area and demanded that Isaacs cleans the

washer on the AU16 machine.

Situation:

On the afternoon of August 3/2022, Isaacs was approached by Pedro Vargas who insisted that the

washer gets cleaned. I explained to Vargas the issue with the unknown chemical spectrum and

requested certification that the chemicals are safe to be handled by Isaacs who is not trained to

dispose of chemical waste and it is not within Isaacs's duties. Further, Isaacs informed Vargas that,

since exposure to the chemicals, his hands are stiff with a numbing Sensation. Vargas responded that

the chemicals are safe and FDA approved and Isaacs should wear the nitrile gloves, which he said is

standard in hospitals and elsewhere. Isaacs told Vargas that the cleaning duty of the washer was

never a part of my initial responsibilities. Vargas said cleaning the washer is Isaacs's duty and

referenced the "Interplex Sunbelt (Medical) Work instructions" in the Green Book and ''Assembly

Router (Daily Check)" documents, but could not validate his claim..

Vargas said. "I an not playing this game with you." and Isaacs responded, "Do you think ! am playing

a game with you? '. In accusing Isaacs, Vargas said, “you are costing the company money."

This is the supervisory response over a serious potential health hazard that Vargas would like to

recklessly dismiss without any regard to the cost to Isaacs's health.

Again, Vargas returned at about 5:03 p.m. and asked, “what time did you come In this morning?

Isaacs said," I don’t remember, but after 6:00 a.m.” In his retaliatory action, Vargas instructed Isaacs

to clock out for 16 hours, foreclosing Isaacs's overtime.”

APPENDIX L

Appx. 23 of 53

122

.Cecelia Simpson

Page 2 of 2

Vargas’s engagement comes after receiving your email ori August 3, 2022 at 10:39 a.m. on a

previous encounter with a different employee on the same issues. See memorandum dated August

3, 2022 entitled "Continuing Pattern of Harassment & Hostile Work Environment," In your email, it

was stated. “A meeting will be scheduled with all the parties relating to your concern and we will

follow up with you."

Indication:

There is a clear pattern of disregard for a safe work environment and for performance of activities by

those appropriately trained in them, Vargas miscomprehends the importance of proper objection raised

by Isaacs, instead displaying recalcitrance in his short-sighted conduct,

Thank you.

Andrew Isaacs

954-618-9028

aisaacsl 1 @comcast.net

Appx. 24 of 53

137

Training Matrix Report

inierptex Sunbed Medical * 6900

Andrew Isaacs

Job Title:

Automation Operator

Skill Set

Evaluated

Evaluated Dale

Training Session

Conanunlcatioo SMI

Yes

4/18/2022

Onbosrd Training lor New 4/12/2022

Mre AuttrruUoo Operator

(Andrew tact)

*118/7022

Onboard Training tor New 4/12/2022

Him AutonuSun Operator

(Andrew lew)

(SS-rntwpl**' Business System

ISO 13485

Yes

Training Date

Nexl Oue Date

Not Recurring

No( Recurring

IS014001

No! Recurring

ISO soot

NotReajrHng

teen Manufacturing

Not Recurring

LPA * Leyer Process Audit

Orgartstfcn SM

Yes

No< Recurring

4/18/2022

Onboard Training tor New 4/12/2022

l®e Automaton Operator

(Andrew Isaac)

No! Recurring

Document Nome

Doc. Ref.

Rev d

Evaluated Evaluated Date

Training Session

Ouasty Manual

OMS20.05

Yes

4/18/2022

duality Pciey Statement

820,05.01

Yea

4/18/2022

OuaWy 0b)ec6v*s

820,05,02

,3''

Yes

4/18/2022

Environmental Pcfcy Stetemenl

620.05,03

Yes

4/18/2022

Onboard Training tor

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Onboard T( siring tor

4 ft 2/2022

New H» Automaton

Operator (Andrew Mac)

Onboard Training (or

4/12/2022

New Hire Automaton

operator (Andrew tseec)

Onboard Training tor

4/1222022

New Hire Automation

Operator (Andrew Naac)

Safety Pstcy Statement

820.0504

Ye*

4/18/2022

Ortooerd TraMng tor

4/12/2022

Now HUe Automation

Operator (Andrew Isaac)

4/18/2022

Onboard TraWng tor

4/120022

New Htfe Automation

Operator (Andrew Isaac)

RegtMttiy Inspections

820.05.05

Organilitionsl Chart

820,0508

Management ResponsfbBrtyrRevfcw 82020

Process

Control of Monitoring and Measuring 820,72

Devices

Training Date Next Due Date

Yes

Not Reourring

Not Recurring

NotReciering

Not Recurring

Yes

4/18/2022

Yes

4/18/2022

Onboard Training for

4/12/2022

New HW Automaton

Operator (Andrew Isaac)

Onboard Training tor

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Not Recurring

Cosmetic Acceptance Criiera

820.72.02

SOP-Cetbretion Certificate

Verification

820.72.03

NetReewrkig

SOP- Conducting e Gege RSR

820.75.01

Study

Not Recurring

Receiving and Acceptance AcOvtots 820.80

August 01.3012 03:2530 PM 4)500

Yes

4/18/2022

Generated by OTB QMS M6

APPENDIX M

Appx. 25 of 53

Onboard TraWng (or

4/12/2022

New HW Automation

Operator (Andrew late)

Not Recurring

Page to/5

138

Training Matrix Report

tnterplex Sunbelt Medical»6900

Document Name

Doc. Ref.

SOP ■ Control of Engineering

Components

620.80.06

Rev A

Evaluslod Evaluated Date

Training Session

Training Date

Contra of Non-Conformance

Product

620.30

Ye*

4/18/2022

Onboard TraWng for

4/12/2022

Now Hire Automation

Operator (Andrew Isaac)

Not Recurring

Corrtitrvrwm end Correction

820.90.0t

Ye*

5/5/2022

New Document-Sf-EN- S/17/2022

SOP-OI1 Containment

■end Correction rev, 1

Not Recurring

SOP' Customer Related

Proeess/Contraet Review

82020.01

Next Due Date

Not Recurring

SOP * Quality Planning

82020.02

Merritt AutBOng Procedure

820,22

Ye*

4/18/2022

Competence. Awareness and

Training

82025

Yea

4/16/2022

Design and Development

820.30

Yes

4/18/2022

Ortbosrd Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Not Recurring

Ri*N Management

620.31

Oocumentation/Chang* Control

820.40

Ye*

5/4/2022

SOP - Document Change Request

(OCR)

820.40.01

Yet

4/18/2022

GOP > Good Documentation.

Predict!

820.40.02

Yea

4/16/2022

Supplier Quality Requirement*

|Pufdt«*tngOata)

IndentlRcatton and Traceability

820.50.02

820.60

Ye*

4/16/2022

Cultomflr Property

820.01

Ye*

4/18(2022

Production Pieces* Control

620.70

Ye*

New Document - S1-OA 6/18/2022

-OMS-011

DooumoneSon/Change

Centro! rev. 6

Onboard Training (Of

4/12/2022

New Hire Automation

Operator (Andrew l*eac)

Onboard Training for

4/12/2022

New Him Automation

Operator (Andrew Isaac)

Not Recurring

Not Recufrtng

Not Recurring

Onboard Training for

4/12/2022

New Mm Automation

Operator (Andrew Isaac)

Onboard Training for

4/t2/2022

New Hire Automation

Operator (Andrew laaac)

Not Recurring

4/18/2022

Onboard Training for

4/12/2022

New MS* Automation

Operaior (Andrew Isaac)

Not Recurring

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Nsec)

Onboard Training for

4/12/2022

New H*e Automation

Operator (Andrew Isaac)

Onboard Training for

4/12/2022

New H4* Automation

Operator (Andrew Isaac)

NotRacurring

Not Recurring

SOP • Preventative Maintenance

620.70.03

Reportable (nddent

620.102

Ye*

4/16/2022

Label Control

620.120

Ya*

4/18/2022

Rest* end AtsembBee Pectwging

620.130

Ye*

4/18/2022

Material Handling Process

620.140

Yes

4/18/2022

Onboard Tralntng for

4/12/2022

New Hire Automation

Operaior (Andrew Isaac)

Not Recurring

SOP - Contamination

820.70.06

Ye*

4/16/2022

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac!

Not Reeurring

AoguUtS, 2022 03:2530 PM-05 00

Cenernfod by 076 QMS mb

Appx. 26 of 53

Not Recurring

Net Recurring

Page 2 oT 5

139

Training Matrix Report

Interptex Sunbelt Medical - 6900

Document Name

Doc. Ref.

SOP - Process Deviations

820.70.07

Rev #

Evaluated Evaluated Dale

Wot Recurring

SOP - Manufacturing tine and

Equipment Setup

Production Process Controls of

Engineering Builds

820.70.09

Wot Recurring

820.70.10

Yes

6/14/2022

Corrective end Preventative Action

(CAPA)

620.100

Yes

4/18/2022

Advisory Notices aryl Rscal

820.101

Yes

4/18/2022

LUMSUN001 Contact Stamping prt AR-1017

MS-0811

AR-102O

General Assembly Router

Training Session

Training Date Next Due Date

New Document - S1-EN- 607/2022

SOP-018 Production

Process Controls of

Engineering Biflds rev.

Onboard Training for

4/12/2022

New Hire Automafion

Operator (Andrew (saw)

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Not Reaming

Not Recurring

No! Reaming

No! Recunlng

Yes

4/21/2022

Yes

4/18/2022 .

GDP - Good Documentation

Practices Presentation

82040,02

Medical Device PSe

82041

Classification of Suppliers

620.50.01

Yes

4/180022

Control of Quafty Records

1820.180

Yes

6/15/2022

Device Master Record

820.161

Yes

4/18/2022

Customer Complaint Procedure

820.198

Yes

4/18/2022

General Assembly

4/19/2022

Router Rev. 6

Onboard Training tor

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Not Recurring

iNdt Reaming

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

New Oocumenl - S1-OA 6/23/2022

-OMS-027 Control of

Quality Records rev. 2

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Not Reaming

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

No! Recurring

Not Recurring

Net Recurring

Statistical Control Procedure

620.250

Not Recurring

SOP - Using ERP to Manage

Inventory

Pest Control

820.70.12

Not Recurring

820.70.18

Yes

4/1B/2022

Onboard Training for

402/2022

New Hire Automation

Operator (Andrew Isaac)

Not Recurring

Infrastructure

820.70.19

Yes

4/18/2022

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Not Reaming

Introducer Sharp Automation

Procedures S Documents (AU-S)

SC1SUN0I 5-1Z-6Z

introducer Sharp Automation

Procedures 8 Documents (ALMO)

SCISUN01S-12-6Z

Ubre-Sunburst Automation

Procedures and Documents

FLXSUN019SZ0ZZN

Libre-PRO-Athena Automation

Procedures end Documents

FLXSUN019-4Z0ZZN

GB-005

Not Recurring

GB-008

Not Recurring

iFu« Hard BaBety Contacts

Automation Procedures and

August 63.3022 03:25:3O PM -05.00

GB-009

Yes

4/16/2022

GB-010

Yes

4/18/2022

GS-013

Yes

4/18/2022

Generafedby 079 QMS »Veb

Appx. 27 of 53

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Isaac)

Onboard Training for

4/12/2022

New Hire Automation

Not Reaming

iNoi Recurring

Not Recurring

Page OofS

140

Training Matrix Report

Interfax Sunbelt Medical • 6900

Document Name

Document* SCISUN02O-3ZOZZN

Doc. Ref,

Automation Operator

FM-HR-017

Rev #

Evaluated Evaluated Date

Training Session

Training Date Next Due Date

Operator (Andrew Iaaac)

Ubra Pro (Athene) FIXSUN019FM-PS-00S2A

4Z0ZZN Automation Procan Sbaat

Battery Contact SCISUN020FM-PS-007-1A

3Z0ZZN Proceti Sheet Automation

PRT26S05

Ye*

4/18/2022

Onboard Training tor

4/120022

New Hr# Automation

Operator (Andrew Iaaac)

Not Recurring

NotRtctrrtng

Ful Hard Battery Contact

Automation SCISUN020-3Z0ZZN

WI-1019

NotReeufttog

Ful Hard Battaty Contact

Automation SCtSUN02O-3Z0Z2N

WI-1037

Not Recurring

Sunburat Automation Machine

Procedure

WI-1013

Not Recurring

Operating Inatnidton of Keyence

(1M)

WI-1024

Yea

'4/16/2022

Onboard Training tor

4/120022

New Mira Automation

Operator (Andrew laaec)

Not Recurring

Operator SoW Inapaclton

Raqutramantj

W1-1026

Vat

4/18/2022

Not Recurring

Production label Placement

W1-1028

Yea

4/18/2022

Onboard Training tor

4/120022

New Htrt Automation

Operator (Andrew mac)

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew teeac)

Ubra Pro (Athena) Automation

Machine Procedure

1M-1014

Yea

4/16/2022

Onboard Training for

4/12/2022

New nee Automation

Operator (Andrew iaaac)

Not RecurHr*

Introducer Sharpa AiXomalion

AU10

Wl-1016

Yat

4/16/2022

Not Recurring

Battery Contact toapacSdn on

Keyence

WM044

Yea

4/13/2022

Onboard Training tor

4/12/2022

New Hira Automation

Operator (Andrew iaaac)

Onboard Training tor

4/12/2022

New Kira Automation

Operator (Andrew Iaaac)

Introducer Sharpe Automation AU9 WI-1003

Yea

4/16/2022

Onboard Training for

4/12/2022

New Hire Automation

Operator (Andrew Iaaac)

NdiRecurrihg

Una Clearance

Wt-1005

Yes

4/160022

Onboard Training tor

4/12/2022

Naw Hire Automation

Operator (Andrew iaaac)

Not Recurring

Bub Packaging of ABOPRT23S63

Sharp Reefs

Wt-1029

Yea

4/16/2022

Onboard Training tor

4/12/2022

Naw Hlrt Automation

Operator (Andrew mac)

Not Recurring

Aijemtjiy Router Completion

W1-1033

Ye*

4/16/2022

Onboard Training tor

4/12/2022

New Hire Automation

Operator (Andrew Iteac)

Not Recurring

Nao ( Hammarhaad) Automation

Procedure* 4 Document*

FLXSUN016-6ZOZZN

GB-01B

Yea

6/7/2022

New Document • S1-MF 6/14/2022

-OB-018 Nao

(Hammarhaad)

Automation Procedure*

SOoeumenti

FLXSUNOIS^ZOZZN

ra»,4

Not Recurring

Battery Contact Automation

Procedure* 6 Document*

SCISUN02O-3Z0ZZN

G8-035

Environmental Records

Waata Disposal Emrironmantat

Procedure

August 03, 2022 03t5X PM-0500

Not Recuring

Not Recurring

NotRocurring

Not Recurring

Garisrotodby 07B QMS Mriab

Appx. 28 of 53

Not Recurring

Papeeo/5

141

Training Matrix Report

Inlerplex Sunbelt Medical * 6900

Document Name

Doc. Ref.

Rev#

Evaluated Evaluated Date

Training Session

Training Date

Next Due Date

Solvent HandSng, Clean Upend

Disposal

Cardboonf Rccydlng

Not Recurring

Scrap Metet Recycling

Not Recurring

Lead Handling end Identification

Procedure

SpN Response

Not Recurring

Battery Contact Inspeetion/Koyenoe

Not Recurring

Bottle arid Cart Recycling

Not Recurring

Automation MacHne Data COHecSon

(orAUSandAUtO

Not Recurring

• Not iho most a/trtri) versloo of On document

August63, 2022 03:25:30 PM -0500

Cornnttd by OTS OMS mb

Appx. 29 of 53

PogoSofS

146

Diana Perry

Fro"’:

lent;

■T«’

Subject:

©iana'PeWy

Andrew Isaacs

Cccciia SIMPSON

Andrew,

I cannot give yob a copy 6f th& SDS sheet because of the specific agreements we Have In place with otir

cutebmersr HowPvef, I can review a copy dftheSDSslieetwithyou in HR. A copy of the Sblsheette afedivaiisBIittut

10 the shop floor, however, no pictures or copies carvbbmade bf 'the'SOS sheets.

iilwoafdllKetqWelt wiibyew;tdrnpm^

ha ve avafiabillty ;between'9>i0am;.

up to our meellng^n August ,22^ pfeaseletWeKnowifyou

Best Regards,

©tana

From: Andrew Isaacs <afsaacsll@comcast.net>

lent: fhunsday, SepienVber 11,85221:47 #M

SujtfecteljEtfteqitetetete^

1 unless you recognize the sender and know theobn'IenUs^aafe,■

Bear Ms. Perry:

I am not available today as my shift is ending.

However, | specifically asked fora copy bf the SDS, so I can property prepare to review it With

•you. The infbfhiafiort Cohtainel in fhi SDS is necessary for my dUidiii§ehce that ibafffiot be

Conducted impromptu.

Thank you ferypur aftintton.

Sincerely,

Andrew Isaacs

S54iSt8«9j028

APPENDIX O

Appx. 31 of 53

184

I880N.W. 59 A ve,,- Apt; .B

$uWise,iFL 33313

954-618-9028

'l?evcmbcfi2i2Cl22

Ms. Oiniia Petty

fiimiati Resources Mnna^r;

Intcrplex Sunbelt, tnc.

6690 Hiatus Road.

Tamarac. FI/33321

RE: Constructive Discharge

Dear Ms. Perry:

jl iuivc'jetfttjideii

eomjilnlnts, involving unknown chemical exposure,

.harassment, retaliation, picas for answers, and discrimination. :lhtcrplei is hound byTcderiil and stale

employment laws and regulations, yet Ihc company has detotiicd from 'its leghf Ond regulatory

responsibilities to cast a shroud of secrecy over its operations, lie impact has caused injury ond created

tonicem about woH^piaceisafety where lhfe''iSitpirtc cKcmtcai expoSUfe. InThurffcpoated refiiSal tb'Saiisfy

my request* by right. Kherefs 4ar^Crotis nchnowledgcmcm of discrimination, hostility, and retaliation

tfi^idatmei

' ' ' '

‘ '

;bue to tiie ^ongoing tirtuiehee /bf disetimtnatofy„,piacttcc% hostile wort: icnvifoantent, fClaIiaiioB.attd

tmknown toxic chemical -exposure i csnnofooniinu'e to weft

\ ............. ..

After futile pleading for resolution on several issues, the emofipnal. mental,.and physical anguish are

intolerable and reflect Intctplex's crude and reckless behavior toward me. interplex has cfTectiyely engiigcd

In Constructive discharge of iny employment.

|%ereforeil involuntanly withholdpMfamhog ihiheftthefion of Automation Operatorjand will no,longer

ItijJoTt Tor dirty: until this situation is resolved pursuant to applicable employment laws, federal laws and

$SHA safety regulations: .Intcrplexfms wiifullypnd inlcritioiinlly dcprivcd tnc of my cmploycc rights,

attempting to hold mb hostage'in its'unlawful businCssopcrhtions.

Respectfully,

Andrew Isaacs

APPENDIX P

Appx. 32 of 53

USB

Complies wi

1907/2006

Dale of Issue: 12/01/1995

Date of Revision: 05/01/2018

Safety Data Sheet (SDS)

Section 1: Chemical Product and Company Identification

Cat#: 6001,6002, 6003,6055

Part Name: Contrad NF

Emergency Telephone Numbers

Supplier: Decon Laboratories Inc.

460 Glennie Circle King of Prussia, Pa 19406

SDS Telephone # (610) 755-0800

US Chemtrec: (800) 424-9300

Canada: (703)527-3887

Identified uses: Laboratory use

Section 2: Hazards identification:

Hazard Overview

Causes skin and eye burns

GHS Classification

Serious Eye Damage Cat 1C, Skin Corrosion Cat 1C, Eye Irritation Cat 2B

Signal Word- DANGER

Hazard and Precautionary Statements

H314

Causes severe skin burns and eye damage

Wear protective gloves/protective cfothlng/eye protection/lace protection.

P280

P280A

Wear Protective Gloves

P302+P352

IF ON SKIN: Wash with plenty of soap arid water.

P305B

IF IN EVES: Separate eyelids with finger tips.

P315

Get immediate medical advice/attention

P351

Rinse cautiously with water for several minutes.

NFPA Rating

Hazard Ratings:

These ratings are Decon Laboratories Inc.'s own assessments of the properties of the material using the

ANSI/NFPA 704 Standard. Additional information can be found by consulting in the NFPA published

ratings lists (List 325 and list 49).

Page 1 of6

APPENDIX Q

Appx. 33 of 53

189

Safety Data Sheet (SDS)

if no data is listed the information Is not available

Health

Flammability

Reactivity

Section 3: Composition/ Information oft ingredients

Note: Items listed with a CASRN number have no G\S» available

Name ,, 2-Propenoicacid, homdpolvmcf

Gluconic acid

- Sodium hydroxide

Water •

ItemB

■

...

EINECS

Unknown .

208-401-4 „

215-185-5

231-791-2

CAS tt,.

0009003014

:0000526954

0001310732

% In Product

. 0-5 ’

■. 0-5

; 31 -40

0007732185

"ftl -70

.Section 4: First Aid Measures

Contact medical personnel Immediately

•Flush dyes with flowing water for it teastilS mlnfUes..

if :$wandwed, wash out mouth With waterif person is consefous.

Separate eyelids with finger tips;

Wash skin with deluge of wafer for at leasts S minutes,

SectloriFire-Fi|titiHg;MeasufeS

Flash Point, deg. F:

Method:

nap

Autoignition temperature, deg. F:

nap

WammabniiyCiassjficatidrT: nap

Flame Propagation Rate:

nap

UEL:

nap

LEL:

Hazardous Combustion Products:

nap

Section 6: Accidental Release measures

Any information listed below is to be considefed ih addition tbihtefrial guidelines for isolation 6f spill,

containment of spill, Removal of Ignition sources from immediate area, and collection for disposal of spill

by trained, properly protected clean tip perspnnel.

Absorbs liquids on absorbent material.

Contain spilled liquids.

Protect personnel from exposure.

Section 7: Hahdline and Storage

Store at room temperture

ftage2bf6

Appx. 34 of 53

190

Safety Data Sheet (SDS)

Section 8: Exposure Controls/ Personal Protection

OSHA (ACGIH) Exposure Limits

STEL

TWA

ppm

CAS# 0000526954

mg/

ppm

CEILING

mg/

ppm

mg/

IDLH.-NE

OSHA

:NE

ACGIH

foLH: 10

mg/m3

CAS # 0001310732

Not

classified

OSHA

ACGIH

CAS #0007732185

IDLH: NE

OSHA

ACGIH

OSHA

ACGIH

IDLH: NE

CAS#0009003014

The use of eye protection In the form of safety glasses wtfh side shields and the use of skin protection for hands In the form of

gloves ere considered minimum end non-dlscretionary In work pieces end laboratories. Any recommended personal protection

equipment or environmental equipment Is to be considered as edditionat to safety glasses and gloves.

Use chemical splash goggles and face shield.

Use latex or equivalent gloves.

Chemical-resistant gloves should be worn whenever this malarial Is handled. The glove material has to be Impermeable and

resistant to the product. Gloves should be removed and replaced Immediately If there Is eny Indication of degradation or chemical

breakthrough. Rinse and remove gloves Immediately after use. Wash hands with soap end water, All glove recommendations

presumo that the risk of exposure Is through splash and not Intentional Immersion of the hands Into the product. Since glove

permeation date does not exist for this material, no recommendation for the glove material can be given for the product, Permlatlon

data must be obtained from the glove manufacturer to determine It the glove Is suitable for the task.

Section 9: Physical and Chemical Properties

Formula:

No data

Vapor Pressure:

Nap

Formula weigh!:

No data

Vapor Density:

Nap

Bolling Point:

255‘F

Specific Gravity:

1.37

Melting Point:

46*F

pH: >13

Page 3 of 6

Appx. 35 of 53

191

Safety Data Sheet (SDS)

Appearance:

Sojubfjityr -Miscible

Liquid

SertidhlO::Stabilitv ahdReactivitV:

Chemical Stability:

Stable

■Conditions to Avoid;

Ndne

incompatibility with other materials:

Acids

Hazardous Decomposition Produds:

None

Hazardous Polymerization:

Will not occur

Section 11: Toxicological information

Acute Data:

Subchronic Data:

sodium^

rabbit 1350 mg/kg

No data

SeetjbnlLZ: Ecoiogical lnformation

Moderately toxictoaquatic and terrestrial organisms becausedf its corrosive nature and tendency

to reduce pH in an aquatic environment,

......

Section i$i l>fepdsai CdhsitferatipnS

The following chart lists the status oflhe chemical ahditscbrnpbnentsinreferencetb40 CFR Part

261:33. If the product is listed by code number the substance may be subject to special federal and state

disposal regulations. If no codes are listed the material must bi> disposed in compliance-with all Federal.

State and Local Regulations.

CAS#

Waste,‘Code

RegulatedName

0000526954

0001310732

not listed

not fisted

hot listed

hot fisted

0007732185

hot listed

not listed

0009003014

hot llsied

not listed

Secfioh14; l^ns^prattion IKformatiibn

Proper Shipping Name:

SODIUM HYDROXIDE

SOLUTION

Appx. 36 of 53

192

Safety Data Sheet (SDS)

Chemical Name:

UN#

Class

Packing Group:

UN 1824

Section IS: Regulatory Information

All components of this product are on the TSCA public Inventory.

Prop 65 - Column A Identifies those Items which are known to the State Of California to Cause cancer. Column 8 Identified Items

which ore known to the Stole of Celifornto to couse reproductive tonicity.

Column A

CAS#

0000526954

0001310732

0007732185

0009003014

Column B

State Regulatory Information :lf a CAS# Is listed below this material Is subject to the listed state right-to-know requirements.

CAS#

0000526954

0001310732

0007732185

0009003014

Not listed

SARA Toxic Release Chemioats(es defined In Section 313 of SARA Title til)

Thts list Identities the toxic chemicals. Including their de mln'mls eoncentratlcns for which reporting ts required under Section 313 Of

the Emergency Planning and Community Rlght4o4<now Act (EPCRA). The list is also referred toes the Toxics Release Inventory

(TRI) List.

CAS#

0000526954

0001310732

0007732185

0009003014

Regulated Name

De minimus Cone. %

Rep Thrcs.

Not Listed

SARA Extremely Hazardous Substances and TPQs

This list Includes hazardous chemicals as defined In 29 CFR 1910.1200(e); and extremely hazardous substances regulated under

Section 302 of SARA Titie IllWIth their TPQs (In pounds), os listed In 40 CFR 355, Appendices A and B.

CAS#

Regulated Name

TPQ (pounds)

EHS RQ (pounds)

Page 5 of 6

Appx. 37 of 53

193

Safety Data Sheet (SDS)

0000526954

0001310732

0007732185

0009003014

Not Listed

CERCLA

The hazardous eubsumses. and [heir leportaWe quantities (RQs) ttro listed In the federal regulations ei 40 CFR Part 302, Table

302,4, Release of a CERCLA hazardous substance In an amount equal to or greater than lie RQ, In any 24-hour.peflod, must be

reported to the National Response Center el (600) 424-8802.

CAS#

Regulated Name

0000526954

Not listed

Sodium hydroxide

1,000

Not listed

0001310732

0007732185

0009003014

RQ (pounds)

Section 16: Other Information

Dale of issue: 12/01/1995

Date of Revision; 05/01/2018

Oeccn Laboratories, Inc, provides iho Information contained herein In good fnlih but makes no reprasaihotlon as 16 fit comprehensiveness of accuracy.

Individuals rocoMng this Information must oxofeioe thetr Independent Jvdgmont In detennfntftg Its appropfloteriGsfl for a particular purpose. Oaoon

Laboratories, Inc. make* no representations or warranties, eliher expressed or Implied of merchantability, fitness for particular purposes With respect to

the Information set forth herein or to which the Information refers. Accordingly, Ooeon laboratories, Inc, vriH not be responsible for damage* rebutting

from the use of or reliance upon this Information.

End of Safety Data Sheet

Page 6 of 6

Appx. 38 of 53

210

Hazard Communication Program

Introduction

In order to fulfill its obligation to protect the health and safety of employees,

Interplex Sunbelt has developed the following hazard communication standard

(HCS) program to comply with Occupational Safety and Health Administration

(OSHA) standards 29 CFR 1910.1200. Interplex Sunbelt will develop hazardouschemical lists, obtain safety data sheets (SDS) for each hazardous material,Or

substance used and provide training to our employees so they have a thorough

understanding of what is required of the standard.

The program administrator will be the Site EHS lead. Copies Of the written program,

including the written chemical inventory list and SDS. will be made available upon

request. Additionally, a copy of the written program wi|l be kept at employee

communication, boards at each building. The master copy will be retained in the Site's

document control system and can be provided by the EHS lead or HR team.

Scope

This program applies to all normal and emergency work operations, as required by

local, state and federal regulations.

Chemical Inventory List

A chemical inventory list will be developed by the program administrator. The master

list will be kept within the document control system. A project-specific chemical

inventory list will be developed for each project and maintained at the job site along

with the appropriate MSDSs. When new chemicals arrive at a project site, a copy will

be made of the MSDS. and the original will be sent to the home office. Any new

chemicals will be added to the project's chemical inventory list as needed.

Hazard Determination

It will be the policy of Interplex Sunbelt not to evaluate hazardous chemicals

purchased from suppliers or manufacturers. The suppliers arid mariufacturers will be

rolled upon to supply the information needed to satisfy standard requirements. The

SDS will be reviewed for completeness and additional information from the

manufacturer will be requested if needed.

Safety Data Sheets

All SDS will be maintained by the program administrator.

As new contracts are awarded, a project-specific chemical inventory list will be

created and maintained separate from the master list until final approvals are

granted and stored as part of the project along With applicable SDS. The project

manager will be responsible for maintaining the program for the project's duration.

Filed February 22, 2023 1:47 AM ET Office of the Judges of Compensation Claims.

APPENDIX R

Appx. 39 of 53

211

When the job is complete, all SDS and final chemical inventory list shall be provided

to the program administrator for archiving and inclusion into the main program as

appropriate.

If a chemical arrives without a SDS, the program administrator will be notified. The

program administrator will begin the process of obtaining the SDS. If for some

reason.the SDS is not available online a special alert will be placed to notify

employees of the status of the SDS and the immediately known hazards.

Container and Warning Labels

The program administrator will have the responsibility of acquiring hazard warning

labels and making them available for each project. Labels will be consistent

throughout the entire company. They will contain, at a minimum, the following

information:

•

identity of the chemicals

•

all potential hazards associated with the chemical

•

manufacturer’s name, address and telephone numbers

Each project manager or other designated person will have the responsibility of

assuring that all labels are affixed on containers properly. As new products arrive at

the project, the project manager or other designated person will inspect the

containers for labels. If the container is in need of a label, the project manager will

affix one. No product will be used until it is properly labeled.

All portable containers will be dedicated to a single chemical and labeled with the

appropriate information. The only exception to this rule is buckets of hot asphalt.

Because of the elevated temperature of hot asphalt, labeling becomes impractical:

The training program will specifically address this exception, informing ail affected

employees about wearing proper personal protective equipment (PPE) and other

hazards associated with hot asphalt.

If a label falls off, it will be the responsibility of the project manager to replace it. If

the label falls off in the home office area, it will be the responsibility of the program

administrator to replace the label. In both circumstances, the container will be

removed from service until a new label is affixed.

Nonroutine Tasks

On occasion, Interplex Sunbelt may be required to perform nonroutine tasks that

may involve the use of hazardous substances. If such a need arises, a special

training course will be conducted to inform employees of the potentially hazardous

chemicals they may be exposed to during the nonroutine operation and measures

they can take to avoid those exposures.

Appx. 40 of 53

212

I nforming Contractors

^.Contractor with employees working fn the Interplex Sunbelt workplace will.be

informe'd of the hazardous chemicals to which the contractor’s employees may Be

exposed while performing their work. The contractor wilI take appropriate protective

measures, as determined by the MSDS provided. Interplex Sunbelt management

■also Will confer with the contractor's management as appropriate to discuss any

hazards particular either to the work the contractor will be performing or the work

area in which the work wifi be performed. Management or the program administrator

will describe the labeling system used at Interplex Sunbelt.

In addition. Interplex Sunbelt will require any contractor who intends to bring any

hazardous chemicals to the workplace to provide an MSDS for each such chemical.

The contractor will further be required to explain (orally or in writing) any

precautionary measures necessary to protect employees during normal operation

conditions or in foreseeable emergencies: The contractor also will explain his

company's system for labeling hazardous chemicals. Interplex Sunbelt will train, or

require the contractor to train, any interplex Sunbelt employee who may be

exposed to hazardous chemicals used by the contractor as provided in the employee

training section.

Training

Employees who potentially could be exposed to hazardous Chemicals will receive

training in the elements of the hazard communication standard. During their initial

training, they also wili receive an overview of the chemicals typically used in the

roofing industry. As new hazards are introduced, additional training will be conducted. Occasionally, we will use toolbox safety talks to discuss a specific

chemical used at a project site. The typical training session will address the

following:

a summary of the company's written program and the

OSHA HCS

methods of detecting hazardous chemicals, including a

description Of the hazards' chemical and physical properties

health hazards and signs or symptoms of exposure

proper work practices for working with a hazardous

substance

PPE selection

emergency procedures and .first aid for spills and other

exposures

locations of SDSs and the written program

Appx. 41 of 53

213

how to read a SDS

the type of labeling system the company uses and how to

interpret the Information contained on the label

how to obtain additional information

The training program wilt be conducted Initially and as new hazards are introduced.

Periodic training will be conducted to further Inform our employees of hazardous

chemicals and the methods of safeguarding themselves. At least annually, refresher

training will be conducted to reacquaint everyone with the standard and discuss any

changes made to the program.

The training program elements will be reviewed at least annually.

Foremen and superintendents will receive additional training so that all field

supervision will feel confident answering any questions the roofing crew may have.

At a minimum, field supervision should be able to select the proper PPE for any given

chemical and direct technical questions to the safety director.

At the conclusion of each training session, a questlon-and-answer period will be held

so that employees can voice any further concerns on the topic. Each employee will

sign an attendance form and write down his social security or employee identification

number. The form will indicate where and when the training was conducted, what

was covered, and who conducted the session. It will be dated and signed by the

trainer. If a particular MSDS was discussed, a copy of it will be attached to the

attendance form.

Appx. 42 of 53

214

Chemical Inventory List

MSDS

on file?

Y/N

Product

ID No.

Product

Name

Manufacturer's name,

address, city, state

ZIP

Appx. 43 of 53

Mfg's phone

emergency

phone numbers

215

Appx. 44 of 53

Isaacs?

MR. ISAACS:- It's an SDS report.

(RFH: 90; In. 8-12)

Q You do?

A Yeah, that the SDS for one of the chemical that was

[inaudible].

Q Okay.- And you did provide me this when it was

requested on —

A An article?- No.

Q Okay.

A We — we are not required to provide a hard copy.- We

don’t require to employees know what chemical

(RFH: 90; In. 17-25)

[inaudible].- So we don’t — we are not required to give SDS and provide for

employees.

(RFH: 91; In. 1-2)

Q Are you required to provide a hard copy of an SDS

report upon request?

A No.

(RFH: 119; In. 8-10)

Q Okay. Did you earlier say that you received no

APPENDIX S

Appx. 45 of 53

e-mail from anyone?

A No,- So I never received an e-mail telling me that

somebody get hurt on this machine. I received just an e-mail that say, some — one

employee have a concern about the chemical, then we will set a meeting. And I

(RFH: 137; In. 20-25)

went to that meeting. And I provided that information to Mr, Isaac [sic] about what

chemical is in that machine and all the information that was required. And -again,

I'm not required to provide a hard copy of the SDS, but I provide the information

about what chemical it is, and this information is SDS book.

Q Tell us how, Mr. Gileno, you provided this

information to me.

It was a verbal communication.- It wasn't me.

(RFH: 138: In. 1-9)

Mr. Gileno testified: “And I provided that information to Mr, Isaac [sic]

about what chemical is in that machine and all the information that was required.

(RFH: 138; In. 1-3) Subsequently, he testified: “It was a verbal communication.

It wasn’t me,” (RFH: 138; In. 9) blatantly contradicting his very own testimony that

he provided information to Appellant.

Also, Mr. Gileno testified: “And -again. I’m not required to provide

a hard copy of the SDS.” (RFH: 138; In. 3 - 5) However, the Hazard Communication

Program stated: “Copies of the written program, including the written chemical

Appx. 46 of 53

204

Training certification. Employees and supervisors that have received and successfully

completed the training and field experience specified in paragraphs (e)(1) through (e)(4)

of this section shall be certified by their instructor or the head instructor and trained

supervisor as having successfully completed the necessary training. A written certificate

shall be given to each person so certified. Any person who has not been so certified or

who does not meet the requirements of paragraph (e)(9) of this section shall be

prohibited from engaging in hazardous waste operations.

(italics added).

29CFR

§1910.120(e)(6)

Claimant's job description does not, in any way, support the presence of clean-up operations as

defined by Occupational Safety and Health Act (OSH Act). See Infra Automation Operator Job

Description.

O Inti rpik -X

I ft I *

c^panaTo rn- rv* t<»

•wiaasassares:

*• r«ap*n»M« f#r *11 of ih*

4 wmi» to port* and pachaotnp

«p»^rttor

Hh|H C.twat p,

ft A’> vnrt*tH*lU*<W.y1 manufattunnp poa<l**4'«

Mnrii ImtrwrtwM

A***> ti>

<*, '•

to m 4

*n*a ».»at*r*i ft* iwtmporf portent 4

* itima.

t»*>n hm>WuV* «f on avarapa

m *»crloa.

t» +*** a PoM^rt* at*va4u*a twtwrH may tndwda Ovtftim* and

••

5SI3Z

*t.

IP.

*•

»c-

« crinUtuii

*wt>pr»vanait proyrtm (ontha production.

«*• to *•* f.-ot-uua

tbs ft -tt rat tho maatMna *a aaatonad

v>*»>^ t*M* *41 prftp*r *r»format*an art tha fanocada anaac ** fattow ad wrtvan running (for aa«h

ti-wt.n.'N.id >*b).

HaM'inn uraacf H

a sofa woduttoi anvironmont at all Hmu in the wodonf ara*

in* frinbnuoM tptr

I 4* th« PUtMIt•Mon maofwna.

f ‘.»*ortty *'<•<1 wpm bac-ohaa <

tba grodutbap Wmmat (HVORA) and print output tirtctiM M

t^a

awn t*t*y

wner-JV tu» inBirmaCion mguRM aitpoa wtett m« profoaa kK«M.

•*•*>•« f^shcid goudt for vwwil aneaptanoa and understand tha dalacrt/Vajaet entaria.

m roc'arta t* any ttudw* *n propraaa.

► -JiVa, anrtMWtruiluof a*nn<) oath company pofc<*aa and proeadufoa

A* *to*orpsrf» vm aa tba datty tse*#** and outputs.

■"«^ |p^xlucu..n W~,.l <HVOttA> M.h »h.

ia4^ ran aamelaa to QuaMy and dooumont in aufemiaeton book.

•‘MiiWtnia ivn* if a prddv er iotity c?>ooarn anfta.*.

autft ^ uparvy-»u- nr Prockarbon Manaoor t*at tba >ot> ia oompiatad.

•Cion

fat/tar efuttr-* aa aat.^rwred hv ttva ttawnmu

Page 2 of 7

APPENDIX T

Appx. 47 of 53

DOC LEVEL*

(0) Interplex

Interplex Sunbelt (Medical)

Quality Manual

QMS Procedure Manual

DOC#:

REV:

PAGE:

St-OA-OMSOOI

Page 11 of 26

Section s: Management Responsibility

5.1

Management Commitment (21CFR 820.20)

Top Management, which consists of the General Manager /or Designee, the Quality Assurance

Manager and the Operations Manager, with executive authority have been actively involved in the

Implementation of the Quality Management System (QMS). They have provided the Vision and

strategic direction for the growth of the QMS, and established quality objectives and the quality policy.

They have provided evidence of their commitment to the development arid implementation of the

quality management system and maintaining its effectiveness by:

•

Communicating the importance of meeting customer, statutory, and regulatory

requirements

Establishing quality objectives

•

Establishing the quality policy

Conducting management reviews (minimum once per year)

• Ensuring the availability of resources

Executive management has communicated with each employee via training and procedure the

importance Of meeting customer requirements and regulatory requirements.

Management has established a Quality Policy and Quality Objectives which are posted throughout

the facility. All employees are trained on the content and the meaning of both (see $1 -OA-POL-001

Quality Policy and SI -QA-SOP-002 Quality Objectives).

5,2

Cu sterner Focus

Interplex Sunbelt (Medical) strives to identify current and future customer needs and to meet

customer requirements. Customer's requirements drive the designs and production process at

Interplex Sunbelt (Medical) and are met prior to the manufacturing of any medical device

components.

Top Management ensures customer requirements are understood and met, by requiring compliance

with documented customer communication procedures. Customer requirements are determined.

Converted into internal requirements arid communicated to the appropriate people in our organization.

The S1-QA-SOP-012 Customer Related Processes/Contract Review procedure documents this

process.

5,3

Quality Policy (21 CFR 820.20(a))

Top Management ensures that the Ouatity Policy Includes a commitment to comply with requirements

and to maintain the effectiveness of the Quality Management System. The Quality Poticy is

communicated to ail employees. It is included In new employee training and training on the QMS. It

Is posted in prominent places throughout the facility to maintain high standards within our

organization.

Management reviews the Quality Policy at each Management Review meeting to determine the

policy's continuing suitability for our organization. Documentation Control is responsible to ensure alt

posted Quality Policies are current.

5.4

S.4.1

Planning (21 CFR 820.20(d))

Quality Objectives (21 CFR 620.20(a))

Quality Objectives are established to support our organization's efforts In achieving our Quality

Policy and reviewed at minimum annually for suitability. Objectives have been established in the

following areas:

* Customer specification & requirements

St-QA-fM-007

Doeumart Lovol 4

For Use by Affitlsfes ot Irrterpte* Sunbelt (Medics!)

This Uocunent eentahs proprietary Information. I: may not be reproduced or rSsdosed «t!hout prior written approval

CONTROLLED DOCUMENT

APPENDIX U

Appx. 48 of 53

OOC LEVEL:

(p Interplex

•

Interplcx Sunbelt (Medical)

Quality Manual

QMS Procedure Manual

OOC#:

S1-OA-OMS-001

REV:

PAGE:

Page 12 0126

Safety & OSHA requirements

Regulatory & ISO requirements per Internal Audit Process

• CAPA Process

• Cost of Poor Quality (COPQ)

Quality Objectives are measurable, and reviewed against performance goals at each

Management Review meeting.

Quality Objectives are documented in S1-QA-SOP-O02. Document Control IS responsible to

ensure all posted objectives are current.

5.4.2 Quality Management System Planning (21 CPR 820.20(b1) 6 21 CFR 820.20(d))

The Ouallty System has been planned and implemented to meet our Ouality Objectives and the

requirements of 4.1 of the ISO 13485:2016 standard. Quality planning takes place as changes

affecting the quality system are planned and implemented. Ouallty planning follows S1-OA-SOP013 Quality Planning procedure.

5,5

Responsibility, Authority and Communication (21 CFR 820.20)

5.5.1 Responsibility and Authority (21 CFR 820.20(b3))

An organizational chart has been established to show the interrelation of all personnel who

manage, perform, and verify work affecting quality. The organizational chart Is documented In

S1-HR-SOP-006 Management ensures that each position has the Independence and authority to

perform these tasks. Job descriptions define the responsibilities and authorities of each of the

positions on the organizational chart. Job descriptions and the organizational chart are reviewed

and approved by Top Management for accuracy. These documents are available throughout the

organization to communicate responsibilities and authorities.

The General Manager, which is considered 'management with executive responsibility", reports

directly to the Vice President of Interplex and Is directly responsible for all P&L activities of the

company. He directs all critical functions including quality, continuous Improvement,

manufacturing, engineering, sales, accounting and administration. The Global Ouality Assurance

Manager reports directiy to the Vice President of Interplex Medical Business Unit which

establishes an Independent reporting entity.

The Global Ouality Assurance Manager Is responsible for establishing and monitoring post

production and reporting adverse events to Top Management and the regulatory agencies. This

position is directly responsible for all Ouality Assurance/Quality Control Activities.

5.5.2 Management Representative (21 CFR 820.20(b3))

The Global Ouality Assurance Manager has been appointed by Top Management as the

Management Representative. The Management Representative has the following responsibility

and authority:

• Ensure that processes needed (or the Ouality Management System are established,

documented, and implemented.

• Report to Top Management on the effectiveness of the Ouality Management System and

note needed Improvements.

• Promote awareness of customer and regulatory requirements throughout the organization.

•

Sf-OA-AMd»7R9V.S

Oocumanf L«vet<

As appropriate, ensure the promotion of awareness of regulatory and customer

requirements throughout the organization.

Act as a liaison with external parties such as customers or auditors on matters relating to

the QMS.

For Use by Afniietes of Interplex Sunbelt (Medics!)

This document contains proprietary Wormatlon. It may not be reproduced Of disposed without prior wrtaen approval

CONTROLLED OOCUMEtff

Appx. 49 of 53

8/S/23,10:08 AM

Oockat

Office of the Judges of Compensation Claims

irr

ei| *

Filings

rcefliaiot Reports Registered ECS ► ya£ Varartnk

Qa?g ftocknt Benefits Srhpriulr Comments'-bv

Schedule

Scant

I.Scarch I

Case No:

Case No.: 22-021848MJR

Judge: Rina

Mediator: Schmidt

Andrew Isaacs

Intcrplex Sunbelt, Inc

127

126

125

Date

Pleading

a 09/07/2023 Notice of Hearing.

a 09/07/2023 Order Rescheduling motion hearing

09/07/2023 Motion Hearing scheduled for Sep 20 2023: 2:00 pm: Lauderdale Lakes, FL

a 09/06/2023 Motion for Continuance filed by Andrew McLaren Isaacs

a 08/31/2023 Transmittal of documents to the First District Court of Appeal.

Order

Motion

for

Indigency

Relieved

Costs

Appeal

122

08/30/2023

121

08/23/2023 Claimant"® Verified Petition for Relief from Paying Filing Fee filed by Andrew McLaren Isaacs, 0

120 a 08/23/2023 Notice of Appeal filed by Andrew McLaren Isaacs

119

07/28/2023 Notice of Hearing.

124

123

118

07/28/2023 Motion Hearing scheduled for Sep 7 2023: 2:09 pm

67/21/2023 Motion to Dismiss filed by Andrew McLaren Isaacs

114 a 07/21/2023 Motion to Dismiss filed by Andrew McLaren Isaacs

113 a 07/21/2023 Notice of Lien filed by Elvis 1. Adan

112 a 07/21/2023 Notice of Appearance filed by Elvis J. Adan

111 a 07/14/2023 Order on motion to dismiss

110 a 07/07/2023 Motion to Dismiss filed by Andrew McLaren Isaacs

109 a 07/07/2023 Depositions: Claimant taken 2/13/23 (Exhibits Only) filed by Salisu "Sal" A Richardson

108 a 07/07/2023 Depositions: Claimant taken 2/13/23 (Transcript Only) filed by Salisu "Sal" A Richardson

107 a 07/07/2023 Outgoing Correspondence Memo to Counsel FH

106 a 07/07/2023 Memorandum of Law for Final Hearing of July 10, 2023 filed by Salisu "Sal" A Richardson

105 a 07/05/2023 Memorandum In Support of Final Hearing on July 10, 2023 filed by Andrew McLaren Isaacs 0

104 a 06/23/2023 Witness List and Exhibit List filed by Andrew MeLafen Isaacs

103 a 06/08/2023 Re-Notice of Subpoena for Trial

102 a 06/08/2023 Re-Notice of Subpoena for Trial

101 a 06/08/2023 Re-Notice of Subpoena for Trial

100 a 06/08/2023 Order Granting motion to strike attachments to motion to admit

99 a 06/08/2023 Order denying motion to strike attachments to motion to admit

.98 a 06/07/2023 Re-Notice of Hearing.

117

07/27/2023 Final Compensation Order

116

07/25/2023 Order Denying Motion to Dismiss

1/4

Htips://www.llJcc.org4Jee/bocl<elaspk

APPENDIX V

,Appx. 50 of 53

SW23,10:08 AM

Oddest

06/07/2023 Final Hearing scheduled for Jul 10 2023: 2:30 pm; Lauderdale Lakes, FL

a 06/05/2023 Verified return of Service

3 06/05/2023 Verified return of Service

a 06/01/2023 Subpoena for Trial

06/01/2023 Subpoena for Trial

-g 06/01/2023 Subpoena for Trial

90 g 06/01/2023 Order on claimant's motion for Issuance of subpoenas

05/31/2023 Order on motion for Issuance o? subpoenas

05/25/2023 Order Granting Substitution of Counsel

a 05/23/2023 Stipulation for Substitution of Counsel filed by Sal Richardson

® 05/18/2023 Order denying motion to vacate order

'S 05/17/2023 Motion to Vacate filed by Andrew McLaren Isaacs

a 05/16/2023 Notice of Hearing.

05/16/2023 Motion Hearing scheduled for May 31 2023: 2 :50 pm

05/11/2023 Order denying motion for declaratory Judgement

Si-

a 05/11/2023 Order Denying Motion to Dismiss

60 a 05/11/2023 Order Denying Motion to Compel

79 a 05/11/2023 Order on motion to strike Claims on pretrial filed oh 01*20-2023

Motion for issuance of Subpoenas for Witnesses to Appear and Testify In Person at the Final

76 a 05/08/2023 Hearing on July 10,2023 at 9:30 a.m filed by Andrew McLaren Isaacs'

77 a 03/23/2023 Changes made to page 6 of Uniform Pretrial sSpulation

Uniform Pretrial Stipulation end Pretrial Compliance Questionnaire filed by Andrew McLaren

76 a 03/22/2023

Isaacs

75 a 03/22/2023 Uniform Pretrial Stipulation and Pretrial Compliance Questionnaire filed by Sal Richardson

74 a 03/17/2023 Order Rescheduling final Hearing

03/17/2023 Final Hearing scheduled lor JuflO 2023: 09:30 am: Lauderdale Lakes, FL

03/17/2023 PreTrial Hearing scheduled for Mar 23 2023: 09:30 am; Lauderdale lakes, Ft,

§ 03/15/2023 Outgoing Correspondence Memo to Counsel FH

Response to Motion for Declaratory Judgement on Fundamental Errors Affecting Substantial

Rights Pursuant to Section 90.104(3), Fla. Stat.; Constructive Discharge Pursuant to

02/27/2023 Section 440.205, Fla. Stat.; and Tampering with and Harassing Claimant Pursuant to

Seaton 914.22, Fla, Stat filed by Sal Richardson

a 02/27/2023 Objection to Claimant's Notice of Filing filed by Sal Rldiardsdn

Objection to Motion to Admit, end Motion to Strike Attachments to Same filed by Sal

68 a 02/27/2023 Richardson

67 a 02/23/2023 Claimant's Notice of nilng 022323 filed by Andrew McLafen Isaacs

66 a 02/22/2023 Claimant's MotSen to Admlt 022223 filed by Andrew McLaren Isaacs

U.S. Dept, of labor.OSffA Complaint No. 1966473_Lottcr_020323 filed by Andrew McLaren

65 a 02/22/207.3

Isaacs

Progress Toward Safe Nanotechnology In the Workplace, A Report from the NtOSH

64 a 02/22/2023

Nanotechnology Research Center filed by Andrew McLaren Isaacs

Reference Manual on Scientific Evidence, Second Edition, Federal Judicial Center 7000 filed

63 a 02/22/2023 by -Andrew McLaren Isaacs'

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https i//v«ww.(ljoc.org/ipc/bockeljssp>:

Appx. 51 of 53

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«•*

Docket

8/8/23.10:08 AM

Employer's Whistleblower Response dated February 2, 2023 filed by Andrew McLaren

B 02/22/2023 Isaacs

02/22/2023 Claimant's Whistleblower Rebuttal dated January 19, 2023 filed by Andrew McLaren .Isaacs

Records - Employer's Whistleblower Position Statement dated January 13, !

b 02/22/2023 Medical/Exempt

2023 filed by Andrew McLaren Isaacs

______________ _

Statement of Whistleblower Complalnt dated November li, 2022 filed by

18 02/22/2023 Claimant's

Andrew McLaren Isaacs

B 02/22/2023 Claimant's Selected OSHA Regulations filed by Andrew McLaren Isaacs

:E1

Employer/Carder Hazard Communication Pfogramjnpt controlled document filed by

57 B 02/22/2023

Andrew McLaren Isaacs

56 B 02/22/2023 Distinguishing Clean-up Operation from Wipe-down Activity filed by.Andrew McLaren Isaacs

b 02/22/2023 Articulating the Evidence of Constructive Discharge filed by Andrew McLaren Isaacs

B 02/22/2023 Clalmant"s Letter of Constructive Discharge filed by Andrew McLaren Isaacs

53 B 02/22/2023 Medical/Exempt Records - Claimant's Personnel File filed by Andrew McLaren Isaacs

52 B 02/20/2023 Motion for Findings of Fact and Conclusions of Law filed by Andrew McLaren Isaacs

Claimant's Notice of Selected personnel File, Email end Text Correspondences In Support of

B 02/20/2023 Claimant's Notice of Tampering with and Harassing Claimant filed February 17, 2023 filed

by Andrew McLaren Isaacs

Claimant's Notice of Fundamental Errors; Notice of Coercion; and Notice of Tampering with

02/17/2023

and Harassing Claimant filed by Andrew McLaren Isaacs

■49

s 02/15/2023 Notice or Hearing,

02/15/2023 Motion Hearing scheduled for Feb 27 2023: 3:00 pm

B 02/15/2023 Order Admitting Medical Records In Evidence.

Claimant’s Notice of Employcr/Carrler's Untimely Production of Documents filed by Andrew

46 B 02/14/2023

McLaren Isaacs

to Claimant".* Response In objectionto Employcr/Carrler's Motion to Admit

B 02/14/2023 Response

Medical Records In Accordance with Section 440,29(4) filed by Andrew McLaren Isaacs

44 B 02/14/2023 Notice of Hearing,

,45

02/14/2023 Motion Hearing scheduled for Feb 27 2023: 3:00 pm

Motion to Admit Medical Records In Accordance with Section 440.29(4) filed by Sal

42 B 02/13/2023

Richardson

41 B 02/13/2023 Pre-Trial Amendment filed by Sal Richardson

40 B 02/13/2023 Response to Motion to Dismiss Hied by Sal Richardson

39 B 02/07/2023 Order Granting Substitution of Counsel

•38 B 02/06/2023 Joint Stipulation of Substitution of Counsel filed by Sal Richardson

:b 02/03/2023 Notice of Appearance filed by Sal Richardson

B 02/01/2023 Motion to Dismiss filed by Andrew McLaren Isaacs

35 B 02/01/207.3 EC Response to Motion to Compel pled by Marjorie H. Sachs

34 B 01/25/2023 Motion to Compel filed by Andrew McLaren Isaacs

33 B 01/25/2023 Notice of Hearing.

01/2S/2023 Motion Hearing scheduled for Feb 27 2023: 3:00 pm

B 01/23/2023 Party's Verified Request for Complete eJCC Access to the Party's Case - Granted 1/23/23

30 fi 01/23/2023 Response to Motion to Dismiss filed by Andrew McLaren Isaacs

29 B 01/20/2023 Motion to Strike Claims filed by Marjorie H. Sachs

28 B 01/20/2023 Amended Pretrial Stipulation filed by Maijorte H. Sadis

ht(ps://www.(IJcc.drgj|joc/Docknt.flspx

Appx. 52 of 53

C '

9/8/23,10:08 AM

Docket

Uniform Pretrial Stipulation andPrctrlal ComptlanceQucstionnairefiled fay Andrew McLaren

01/20/2023

Isaacs

Uniform Pretrial Stipulation arid Pretrial Compliance Questionnaire filed by Marjorie H.

01/19/2023

Sachs

a 01/19/2023 Uniform Pretrial Stipulation arid Pretrial Compliance Questioftrialre filed by Marjorie 'H.

24 a 01/19/2023 Medical/Exempt Records filed: Diagnostics from Or: Martin Prica filed by Marjorie H. Sachs

23 a 01/19/2023 Medicat/Exempi Records filed: Medical Notes from Concentre filed by Marjorie H. Sadis

s 01/11/2023 Mediation Conference Report

01/06/2023 Mediation Conference scheduled for Jari 11 2023: 2:30 pm

a 01/06/2023 Notice of Mediation

17 a 01/05/2023 ClaTmanf’s First Reddest For ProdOctfcm filed by Andrew Md^reri Isaacs

16 a 01/04/2023 Order Discharging Order to Show Cause

IS a 01/03/2023 Incoming Correspondence - Claimant's Response to Order to Show Cause

14 a 12/29/2022 Order to Show Cause for failure to attend mediation conference

13 a 12/13/2022 Mediation Conference Report

12 a 10/31/2022 Order on Motion to Withdraw as Counsel for Employee

11 a 10/28/2022 Motion to Withdraw as Counsel filed by EMs 3. Adan

:i6

Notice of Mediation, Pretrial Conference, Final Hearing, and Pre'Hearing Order sent Out,

(hearing set for Dec 13 2022: 13:30: , FL); copies furnished to Elvis Adan (via email to

10/17/2022 eMs.adan@ganardo1awyers.com ;employment@gallardolawyers.com); Marforte Sachs (via

email to msachs@travelers.com;cappieby@traveicrs.com); Charter Oak fire insurance Co.

(via email to FLTiacC@traveiers.com,)

a 09/27/2022 Notice of Appearance filed by Marjorie H. Sadrs

g 09/08/2022 notice of pretrial and final hearing

09/08/2022 final Hearing scheduled for Mar 23 2023: 09:30 am: Lauderdale Lakes, FL

09/08/2022 PreTHal Hearing scheduled for Jan 20 2023: 1:00 pm: Lauderdale Lakes, FL

Order Assigning Case to judge Ring and Slate Mediation. (Mediation must occur no later

than January JS, 2023.); copies furnished to Svis Adan (via email to

09/08/2022 eMs.adan@gallardo1awyers.com;employment@gallardolBwyefs.com), tnterplex Sunbelt.

Inc. 6690 N Hiatus Rd Tamarac, FL 33321, Charter Oak Fire Insurance CO. (via email tb

FLTiacc@travelers.oom,)

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ldps:/Avww.Cjcc.org/iis<ybo<&al.aspx

Appx. 53 of 53

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.