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ATTORNEYS AT LAW NATIONAL CITY BANK BUILDING CLEVELAND, OHIO 44114 TELEPHONE (216) 241-3141
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April 25, 1977
Mr. Jack D. Kull, Jr. Staff Assistant Corporate Insurance Department Sherwin-Williams Company 101 Prospect Avenue, N.W. Cleveland, Ohio 44113
LOUIS S. BELKIN (I9IO-I97S) JOSEPH H. CROWLEY
OF COUNSEL
WALTER C KELLEY DONALO B. MCCANN FRED J. LIVINGSTONE JEFFREY A. BELKIN ROBERT L. STARKS WALTER J. LASKA STEPHEN M. O'BRYAN THOMAS C. LIBER AUBREY B. WILLACY MICHAEL L. GORDON MARGARET A. FOSTER STEVEN N. BULLOCH JUDITH HARRIS R AW SON
Re: First Quarter 1977 Statement
Dear Mr. Kull:
Enclosed please find our statement of fees and expenses attributable to various active Workers' Compensation matters.
By way of a brief status report, I offer the following comments:
In the
lase, now in the Court of Common Pleas,
we are in the process of completing our preliminary discovery.
A court order authorizing us to obtain copies of Mj
medical records has been obtained. Certified copies thereof
have been mailed to claimant's physicians and the hospitals
wherein he was treated. Some have responded, others have not.
I anticipate that a deposition of the claimant will be necessary.
Thus far, it appears that the right side hernia was simply a
recurrence of prior hernias in the same area. The left side
hernia, however, seems to have been a new one and, therefore,
may pose a more serious fact-question for the jury. I doubt
whether this case can be disposed of by a motion. Settlement
discussions may be in order when our discovery has been completed.
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..the
Commission. At present, however, we have established an
"iron-clad" jurisdictional defense. I therefore doubt that the
Commission will allow this claim upon such appeal. As the file
now stands, an allowance would constitute a clear and gross
abuse of discretion.
REDACTED
r ec eiv ed
N40120
APR 2 8 ;3?7
CORPORATE INSURANCE