On March 7, 2003, Robert J. Kimmerle filed a claim with the Department of Labor and Industry contending that Nationwide Auto Transport Inc. had failed to pay him $4,779.39 wages due to him from a damage fund maintained by the employer during his employment. On April 23, 2003, the Wage and Hour Unit determined that Nationwide owed Kimmerle $5,000.00, and a statutory penalty. Nationwide appealed this determination on May 12, 2003. On August 5, 2003, the case was transferred to the Department's Hearings Bureau for hearing.