Document 0g1nEdroVzpRRwKN0bQKrXdyR

e} < / W / iHb'uiiairiL rtuuiUtHI BQXRu SUFFOLK, SS .0 :> a * U MAY 2 8 `iS5.i * * m r. o\-. RICHARD J. n: TKvvELL'S (dereudenus ) CASE Richard J. Rothweil Helen V. Rothweil A. W, Bancroft Co, Utica Mutual Cas. Co, Employee Claimant Employer Insurer DECREE This case came on to be heard at this sitting and was argu. by counsel, and thereupon and in consideration thereof, it is ORDERED ADJUDGED and DECREED that the said Richard J, Hothwell received personal injury on or about March 19, 1952, arising out of and . the course of his employment by the A, V. Bancroft Company and that ;.d injury caused his death on December 3, 1952, for which compensation at the race of forty-five ($A5CC) dollars per week is due his widow, Helen V, Rothweil, for-her own use and benefit and for the benef` . cf the five dependent children of the claimant and the deceased emg . -'2 that said compensation at the rate of forty-five (*L5*CC) dollars week is due from April 25, 1952, and continuing thereafter subjec. to all the provisions of the Workmen's Compensation Act, and the amc- zz due to April 23, 1951 is four thousand six hundred eighty (SlocC dollars, which sum shall be paid by the insurer, the Utica Mutual Casualty Company together with the further sum of three hundred (53CC.CO) dollars under 0, L. c. 152, s. 33, and together with further sum of seventy-five (>75*00) dollars costs, to be paid to Helen V, Rothweil, the claimant, and Laurence Locke, Esquire, '.u: attorney, to cover the cost of review including reasonable counsel rovisicns cf 5, L. c. 152, a* 65N, sending check in payment therefor to the Industrial Accident Board, Attention of its Bookkeeper, to enable deposit of said sum in said fund through fiscal records, and together with the further sum of six dollars and seventy five cents as civil costs under St. 1939, c 213, s. 1 and 2 and together with the further sum of one hundred and seventy five dollars an amount sufficier. to relieve the claimant of the reasonable cost of attorneysT fees, briefs, and other necessary expenses that result from this certlficatio: or appeal (St. 1914.9, c. 372), all of which amounts shall be paid by the Utica Mutual Casualty Company forthwith. Entered May 25, 195U. Thcms. a ?. Bronhey Aset. Clerk Copy, ttest C&L Asst. Clerk .,, IN IOSTOK IIM1U Mimu MlUin MMI # ataoaui f a#ummitai awaTiaTa t#ta. wwtru. vincmt acaaaui mwitu DCaa a. CuK. a.O. tdliu aaaccto# llr# Laurence Locke c/o Sanuel 3, -^cnrits 0 Beacon. Street 3oston, --assachusetts Dear lx* Locke: Lecerher 11, 1952 in 'avtairr Ui* OfflTl * 'llama Woo#, a 9l#CT0# IN LINCOm iroatoa nowlt (OaaiiiictaTs) nr-'2-l lus; VJe hare been able to study the p06tnortsn tissues in the case of lb*. Hichard P.othwell in part# It will be scae tine before the final studies are complete# Kor/ever, v.-e axe at this point able to denonstrate the so-called asbestos oodies in the lung indicating exposure and re action to exposure# It is our opinion at this tine that -r# B-othwell's illness and death were directly related to his exposure to asbestos in his work# Sincerely yours, Harriet L# Hardy, .'',3#, Associate Physician Occupational ledical Clinic SS IS. Mo* 23695 and 23696 Uohard J. Bothwell (dec*d) L w. Bancroft Coapany ftlea Mutual Casualty Coapany matrons Cork Coapany travelers Insuranoe Coapany WORKMEN'S COMPENSATION ACT INDUSTRIAL ACCIDENT BOARD Boston, Massachusetts Saployee Baployer Insurer Baployer Insurer MOST 0? KStSSR OP THE INDUSTRIAL ACCIDENT BOARD (MR.OOIA2*) tttt Isaher of the Industrial Aoeldsat Beard, having heard the parties hi tfep mss -- sed case, under the prorlsleas of Q. L. TTerSd*),Gfea9Mr 1 MIW 9 * 8, nt a Boon of the Board, 18 Treaont Street, ea Tuesday, IKh Mi ea Prlday, July 31*1953, reports as follows . APPEARANCES: L* Loeke, Esquire, for Clalaant* A. J. Molauchlla, Esquire, for Utloa Mtanl Xanu*aaee Ceaper.y - R. Pluahtt, 3teeuire,for 1. ''lore " Cr - - , A ttaia for oeapeasatAnn received hy the Board twm the tWiit on March 25, 1.33 sets forth that ea April 1,1952 Utt* employee,while e,./lw/ad. for A. V. &r r-eft Is,,8mms4 &2dea Mutual I&suraaoe Coapany, suff-"--:il %e ahaat Wd lane* - ashestosis, resulting tn death es lssim 3,1952 A apisit for hearlac da this aatter ms .'eaataad H Ha M an Septaaher 3*1951. A stala for eiKh jusatlon reeelved by the Board * ' ant ea Marsh 25, 1953 sots forth that as far Ara*these Cork Cmpsaf, Insured By * .tee Ceapeay, this aaployee oa April H, UUury te ehaet aad luafs ashestosis, resmltlac %m aa Deeeaber 3*1152. A request fer hearlac ea this satter ma reeel red by tt* Board oa Septsaher 3*1952* QUESTIOHS:(Balsed by Utloa Mutual Inauience Co^any) Whether this eaployse suffered a personal Injury arlslnc out of a&i in the eourse of his e^ployaeat while worfclac for their insured and, If so,whether his death was oausally related thereto? (Raised by Travelers Iasuranee Coapany) Whether this eaployse suffered a personal Injury arlslnc out of aad In the eourse of his sapleyasat while worklnc for their insured and, if so,whether . his death was oausally related thereto? Eothwell (dec'd) WITNESS: Helen 7. Rothwell Dp. Harriet L. Hardy Joka J. Hufket Dr. Jaaee Stewart Booney TESTIMONY ON PAGE: 2,3*A,5,12 5,6,7,8,9.10,11 12,13,1^,15 15,16,17 Sothweil Piec'd) xSPCRT OP S7IDENC1 All the material evidence 18 reported herewith: The Utica Mutual Casualty Insurance Company is designated as the First Insurer and the Travelers Insurance Company Is deal^jated the Second Insurer* M******** M ****+** HELSH V. 8CBHVELI., the claimant, questioned by her attorney, testified she is now *0 years of age, she la the widow of Richard J, Hothwell, they were married December 25, 191 as Star of the Sea Church, East Boston. There are five children of thli marriage under the age of 18 at present* Joyce was bora January 13,193* Mildred was com hay 31, 1939, James wms bora on August 8, 19*1, HaroIS mu bora December 25, 19*2 and Theresa mma bora July 6, 19*8. Her husk last employer wma the Armstrong Cor* Company. She has net got the date/ be merited for the Armstrong Corlc Company* CiT MAS AGHKH> he worked the* frem March 20, 1952 to April 25, 1952.) Asked if at any time while mmmfc far this company her husbaad told her the nature of his mark* wltoegft replied, yea* He told her he wms a pipe cutter and haat and rrmrt Immmlmfer and asbestos worker - it was known under all theme nuum#JMm te mmmkSag for this employer he worked for A.W* Hancreft Smyrna?* )mcm* he worked there over a year* (I? WAS AGREED he worked fe UU4 nanmarm frem December 17* 1950 to March 19> 1952*) Asked, dlA smmr kmmS tell yem at any time that he worked for the A. J. Banoroft Cempamm mtod mature er title of his occupation was (objection noted by eemMM fir Utiam, question allowed in. Insurer1! exemption is saved) wHBMM H|ll yea* Aaked,what wms the nmtiure of his oocupetion there aeeertlm* t# sT he told you, witness replied, just a pipe cutter, the same week He mis* 8a bikd done that type of work before he worked for the A*V* B--eeudl /*empmnjdikn'1j for how many years before had he done it, witnem* rmpklmd prmettaally all the time we were married except during the depremmMRf w were married 22 years; about 16 years* Asked, did he describe ear ad the details or conditions of hlr wort: during "he time that h- urka4 f* the A* v. Bancrc.'-' c*- -.r '-i :' - "Jtica, exoeptlea savmO witamsk replied, yc.* ... .1...... .... ------ u wnat your husbnrd tefef jm abemft the nature of his worm that he did while In the eapley of tte 4*k* Banereft Company (objection noted by Utica - counsel for Utlea itetl he is -- wiw|> a general objection to oover anything which the deoedmd* % witness me fee his employment while employed by A*V.Bancroft Company his smoeptlon is saved) witness replied, I know that sometimes the aa beetee came around a cylinder form, they have to cut it, and sometime* came loose and they nave to sort of make what he called mud ajid pmak it a boiler and cove* It with canvas and do the pipes* Asked, did he tell 70U anytnlng at all about the condition ----------- - * -- -- jr wh.1 he worked, witness replled,soaetiaes had to cl*** ___ jcalrj# sometimes he worked under the ceilings, sometimes on the floor, earnests he worked In what he o&lled tight corners. Asked,when he cut the asbembe tubing did he ever tell you what it was like when he cut It, witness replied, he brought home some one ties and I could see what it wms liks it wms hard on the top, soft in the center and soft of poddery when you cut it* witness always did the family wash* She did observe the condlti of his work clothes when he came home from work.Asked to tell what she observed about the condition of his work clothes while working far the A. W. Bancroft Company, witness replied, the same as always.Asked to tel what tnat was, 'witness replied, I b\jat had to take hhs overmlls^before I washed them and had to take them outdoors and shake them hard get al the stuff out of them In nis pockets, one naa to snaxe loose little feathery stuff, this was in. the pockets and m the cuff3 *nd just all ov The work shirts would be covered also, it clung to everything* Asked,whs- was the condition of your husband's face and hands when he came home frci work, was It clean or what, witness replied, Just clean* The first phyal Rothwell 'dec'i) cbaiw the noted in her husband*s conditions he got cut of breath. She first aotioed that around January 1952# Aslced, and had you not chaiwi in hit physical condition before January 1952 fro- the ttodi he wit in when you first got mrrled, witness replied, yea, definite Shahotloed that he started to lose wddght. 3e started to lose we ig. before Chrlstaa s 1951. She had not noticed any change in his p.-ysl condition prior to that. Asked, nothing at all, witness replied, ex in that morning he had to clear his throat, he had a dryness in r.is Asked to tell when she first noticed this clear*! of the throat a_ dryness of the throat on awakening In the morning,witnas? replied, about a year or so* That was a year or so before December 1951* Her testimony is that the first physloal change or symptom she noted ir. her husbmad was this clearing of his throat a Awakening in the tor and the dryness in his throat, the amoond thing1 she" noticed was the loss and the third thing was that he got short of breath and this > January 1952* Sq knows where her husband was working in Janaar.- 19 It was at Fort. Sent, Maine* She was not with him at that time, Zs c heme for Washington's Birthday whlofc was la February* Prior to 'hat was at Port Kent and came home for Chrlstams*Sfe* saw hi* it Christ? then over Washington Birthday weekend. AsJuA^ st the ttm* you a-t* > orer Washington's Birthday did he tell yaa anything *b tha . >. of his health between those two dag#*.witness replied*. C i: by Otloa, axoeption is sared} yes* Hey hnehaad had eal.'. ' her < almye called her - he called her every week on ThnrmdajM Asketf-, * tell yeu anything aoout his health in these tedephome ac.-smrsat Chriataas and Washington's Birthday of 1952 (general er;_*atSA&: et. Otloa to the conversations, exception is sared) witness -eplf.md. Sf he was not feeling well. Asked, did he tell you in what -'*.* ' feeling well, witness replied, net too nek* Asked, wtar. me- \m. - to and saw you orer Washington's Birthday did he tell yew tr*SS*e m the condition of his health during those two pestAs noted by counsel for Utica and Travelers, their exception ard . witness replied, he -fas sick at Port Kent, he had been ./ ->1. Asked, when he told you he had been sick at Port Kent, did he you how he had felt and what he had felt when he was sic1':, witx^&t replied, I can't remember dearly* Asked, do you icaow fr*m wowa .tt husband told you the reason he left the Bancroft Cempa; (-v.-. noted by Utica and Travelers, exceptions are saved for ectk) ntvaan. replied.he told ae that there was about four inches of v-iter sasc** ' supposed to be working, he said he told Mr* Bancroft ti* and Just oould not work there,so he Just-left. He then xbtaiaa^ Joo with the Armstrong Cork Company. Asked, did your husband, wstiifr was working for the Armstrong Cork Cosrrv** at sometime ;for-"- -:^e as breugns in this case, did he tell yeu then what was he was doing in tne employ of the Armstrong Cork Company yea. Asked,and what did he tell yeu, witness replied, he ____ . : v- vsb worker. Asked, and did he tell you anything about the ci. nature or details of that work for this particular company,witnojs reoiled, he did t*1.' <** he .* \ . * -* * to 'illob -n \i : did he te-- yau anything else, witness replied, . ... housing project. This was located.in Eoslindale. Her hut . the insulating in this project. She does not know what th* insu... itl. was. Asked if he teld her wbat insulating material he - wo;-': witness replied, no, I don't know the mteriml he was working wi;h tine. While working for the Armstrong Cork Company she also washed his work clothes and shirts and slacks* Asked, and did y- ; hav* -:c while ha worked for the Armstrong Cork Company to observe anyth:, g * the condition of these work clothes as to 4ust,wltness r >lied, * dc --member, tier nusoand left the employ of Armstrong Cork 'ompany ..n April 25, 1952. During the time he worked for the Arastr-ng Cork foa - wpd at home* Asked, tell f-h- condition of ht ha t .a . - -j - served it during the period from March 20th to April 25t while e > for the Armstrong Cork Company, witness replied, seemed t -3 get ?.:<* not better. Asked to tell what symptoms she observed abov.: him c. period he worked for Armsgrong Cork Company, witness replied, he <a3 -3- avium-:: . - .* I A starting -s iet irritable and he never was irritable, that was a change, and tired and u not eating good., he Just did r.ot look good, J that is all I can tell you (objection r.oted by Travelers to the statement 'he Just did r.ot look good*, exception is saved)* When ne ca hoae froa ?ort Sant they were living in tflialngton and her husband went to Dr. Gerald Pagan of Clark Street, Vllalrtgton. -hey were not living ir. Dorchester w-en ne worked for the Armstrong Cork Coapany.Her husband saw the doctor either on the 22nd of Pebruary or the day before, it was in that vicinity.Aa^ed if Dr* Pagan continued to be her husband's doctor until the tlse he went to the Massachusetts General Hospital, witness replied, not in entirety, no. At soae tlae he saw Dr. Edward Hogan of 6 Lyndhurst Street, Dorchester. He saw hla in May. Asked, had he been unde the care of Dr. Pagan fro* Pebjmary until May, witness replied, *ore or lees, I mean the dootor oaae a couple of tl*ee to the house he went the office a couple of tl*ee.Asked, de you knew why yeur husband left th ploy of the Armstrong Cork Company (objection noted by `Traveler*, exemption is saved) witness replied, yes* Asked* at soae time before you. husband stopped work at the Armstrong Cork Company did he have a con* saltation in your presence myth seme physician, witness replied,yes* Thm mas with Dr. Hogan* Poliowing that oonsultation with Dr. Hogan her husbea stepped work at the Armstrong Cork Company* Than at seae tine he went ander the oare of the Massachusetts. General Hospital* A friend, Geers* Baylaa, Jr*, referred hla te the Massaohueetts General Hospital* She *& he first went to the Massaohueetts General Hospital on Jane 2J, 1952* Counsel for the olalamnt offered the reeerd of Maaaaohusertm General Hospital for this record* Counsel for the traveler* objects* ta its admission in its entirely, speclfloally objecting te the kdstexp and any diagnosis based oi the history, his exception Is seve& omnmrt for Utica objected to the admission of this record, his exoeptloa- id saved* The reoerd of Massachusetts General Hospital - Unit is made part'of this record by reference and-any be found STBraSari file* Counsel for Travelers requested his exception be sar*d te Ms request for soae pert of this record to be deleted* TO COUNS&i, POR THE UTICA: She did say her husbo-.'.d it m Sa/.ne during December 1951, January ahd February 1952- earn* he*e Washington** Birthday and she it net ear* whether taraeA * Pert Xsnp* Asked, pea thUdt-rt- emrt heme ax tfrthingt ` * and than did aax retars te- Pert tePiUeanr n|dM Id*,. - ^w* Mem hasbeat did ooae hone fer ChrtVTrts had tine after that wmm oc or abeut Mmihlhjtan** Birthday^ mkloh was in. Febnary - - ir -wladge she dees not know what hid oonditio* has in Jan. .r -2*. MaMM ana when you told us a little while ago that you noticed .. thank breath in January 1952 that was not as reemit of any pursegal observatl* which you hAd made, witness replied) I mam- art thmvm La- .J-.'-ewmar*, Ashed) that ts what you told ua,wltnase replied, the only tUi-. have see him was whan he left after lew ?e*rt If she said pre% , ' ;>** $fca first notloed he was getting out of breath i.u Jtv-iiry ' . net as she did net see him then* Asked* and yeur memory not; . ' - veu have me cleer reoelleoglen as to wham eu first notloed him out of hr* se to speak, witness replied, that is oerrest* Her hasW^v alw heae in December 1951 * few days before Christmas* She would not jay k* started t lose weight in December 1951* She did testify that clearing of the threat started in Deeeaber 1950. Asked if that seemed to get progressively worse as tiae went on or reaained the same, witness replied, get -rorae. 3efere her husband worked for the A.W. Bancroft Company he worked fer the low England Insulation Coapany* Ho was doing the saao typo of work there* That is tho- 'work she has dosorlbod here* She thinks he worked at the Mow England Insulation Company quite a while* It must havo beam over two year Her bun bn-- to-work for the A.V, Bancroft Sosp&ny iirwtiy iftw. 1-1 his eaployaant at Mow England Insulation Company* There -.0 layoff period or anything of that nature* He went to work for tho Bancroft Coapa. within a week after his leaving the Mew England Insulation Company* AsXod. can you recall for whoa ho workod before he worked for th* ^ew Bngland lasula. tioa. :opv, H.UM railed ! Wkola U of , : o. TTnU*!- I da*t iota* If I ooL4 glra thoo all. 3eforo u SSkJiT*or^* loaulatltm Cowpany ho worked for the Insuinti wortad . or " Ikoro he did the itM typo of work that he did fa: S! cop*ay, A- W. Boauroft Cowpanj ui Artron Cot aTMTa worked for the IanUem Cowpaay of He* Xortoj about a rr DuSi tor huibud*< UftlM he did the UN 7P oj work as in. toi described more this aoming* that waff hia trtdo* in other ****** * ** ooaa engaged steadily at that trad* during tholr named iift *zo*^6 JStaiaS 9VU| the deprotsim ko wa*ut ofwor* yar- arrtad HfnnM" 2* 1930* Her mabn* rttia. at that tim laMtiao in the early Thirty'* he wa# oac of a Job# I* *ha late Thirty' k tfua working again at the 1 work aka kaa dooorlkaC She r^ Vi tka paper tlmt the Hr* anwreft for whom- her huehead wort.d diod, ko understood tkat tko Rr. Banewort for whoa kor husband worked had a all aha?, Ior reoelleetlaa U that tb* daf UK baaband itopped working far tko A. V, Bancroft Canaay ko the* started to wark for the CCiiaingowny tko neoxzt day*#BSe did art bare oooaaiom to waak Ala slothes wkdlc ka waa <1Q9 fFoorrt SRaontt., duoarr* kuMoi U( not ioi IM kwoaao* aA*kkad, and rae don't know of your own atataoavalal Ogo ater Hat MkUnioaaaa ko aooo. k,_oad whilesas fort Kod* witness renlilead, Jjumft twtfcltti ko toelld* aee-pbihftaain *fce *HU tJ l*,S mania# aim tko eaedlUtleSaap unaddoa?r vwftcliiskh kaor bhuusabkaand wrtai ths-t MU ICC tklnc kor kaakaod told korv 3k0 did not fallow kin TO COUISZL ?01 T8B *UTSM3:Har bashaa* Ala smo_flj osrary two weeks for kor. la porutoa of Hal* ko nalaoAd wto X` i*. tko ororilU la kla tool HI Win# do did not bring than karaw iak^ c wkon you toatlflod tkla soflklhg al to tko ooadltlon of kla wuail^at only aaw tkoao o-rorolln onto Ororf two weeks, aoro or loon, uthnoa* -son yoo* After kor hustnad too tko dootow on February Hat or 22kk a# aak to work for tko Boaoroft Cesnaeay, Ho ooattnwod to work for *- oanaue until Xareh 19* 1952. Tko aont day ko wand t# work for tko IsnHUwSffc-' donpony. ?roa tko tin# ko sow tk# dootkr in Fokruary l?52 at rndtsEm at* tko doogor in April 1952 wkan ka atoppfd oorki^, aka obaorood fco - - difforoat, ko waa irrltdklo. at tinaakd won mt ooting good, ko mm m alaoplsg good, Askod, aaytkikf Olka, wltkoaa ropllod. just was mat foot good, ko was aot klnaokf* AjM, wow k^-oowplalnlngto you about any**' -? daring tka pariod from Fokrutry 21 or 22, Z95* witaaaa ropliw^, of kla oaact* Aakad, wkat d2d ko oonplai* aiou% in kla 0'-''it, -- ropliod, one aorslng.kWL.ga-i- aaK- ta tka <-- nri took kla kot tlgkt'r, ko r.M* 7., stoi*5 * taa'iifi^d g..: 5* g.-s Jut of rt:*o *ma brootk*1 Aakwd. yon la kumary 1952v . . 1 oooat aa found it kardor to krootko* Aakod, Hat did 70U .^oaroo akont kla during tkat portod froa Fabrtaory 21 to April 25tk, aaytklag olao.wikaa ropliod. ' -,s tkat latko ooadltloa you otwofrod kin to bo !. ' ' ` - -r .... ........ April ?5, 1952, wi3^aw.t ^...:./*# .-nor -j. ;^.t <4* ro' ' .w. :ua fr j-^otoatlklly tww aaatka, kko4L /ou'rw jur tkla waa tko ooadltloa ka waa la from February 22nd to- iC ^ witseaa r*pli*d, yao. Aaicod, acr qaawtiaa about ir -r *i, wi^ua&s >S. SA23IB L jiA3DT, oalled &ad quAfrel^.-'r'-r-**'' *-<* .w olalnmat, tootiflOd kar prof eddro-- la Haaaaokuawtis Ooaaral Soapttal, Xodlool Dapartmant of 3.X ' '^jibrl' Sko la a poysician and llooaaod to praktloa aadlata* in tko oca^^ssoMlsk of Kaaaaokuaatta, Aakod If aka kaa a pdrtloular apoolallty in tko flold f, wodlo^lno,witnwa* rwpliad ako arnica* a apodlAil ready of ooauyntlnnd 41; Aakad if aka molds &ny poaitian wltk rOgard to tkat wpaoiali/Ttttaalw ropllad, yaw, I kata akargo of tko ooeupaftloanl aodianl wlimo and at X.X I aa aasiatoat aadlool dlrootar in akkrga af tka ooeupatlonal ^Aiool aar Aakad if in tkat flald kar wort la primarily ona of trooting potlntta or prlaarlly one of romenrok. wltnaaa ropllad, it's a ooabinatiaa of totk tko< feature*. In oonaeotlan witk bar poo tally aka daola wltk dlSooaa* of tka caoat, IVa deoodoat .in tkla oaaa ta a potlont of kar* at Xaaamckuwatta Ooneiml Sorpitnl. 1^. first saw kla on * ana 25, 1952 at kar offlcaw aw tka' tiaa aka rooairad g klatory froa kin. Asked to tall tka klJtory i''v roaelr wltnaaa repllH., i* gurs ne m klitory of gradual on*at of cougklag in tko morning causing kla to Tomlt in January 1952 wltkout otkar iywptoaa(in answer to oounaal for TroTelara witnesi statad tkla history i ^ id kar 5- parsowl rooorda). ko kapt workiag for tkroo mJu la api* of tkia qmi^ a waa told to ttaj kow bj nil faally pkjaleian wko aaid ho ho* tk i ipfro_ tko* hag*Ti to karo itrr pal* la tka loft akouldar blada - worto la tfil aoralag, bottar whoa ho oowad around, auok worse at nig tkar* ms Iktmi* la cougk and about tkls tl* ko bagaa to bo awara or 1 nurooilng akortaoaa of brootk,ko <Uto4 tkat as about karok 1, 1952, it so troubloo***c tkat ko bad to da aoootllag about it, about April 1,3.9; ko want to kia pkjtioia* Uk Dorokootor,9r. Bdaard Hogmn,and aha baa tal witk hi** Sko got kor hirtory fro* tko patloat, Ska got tko hiatorr a&d tkoa 414 tko pkjaleai and tkaa talko4 wlik fir* Began* Tko jktiaas gaTO kor tko kiatorj of Dr. logs* tolling kl* aftor klo xrajs tkat bis lung ooilapoodioouasol for Trarolara objootod to tkid boiag adnlttod, kia Tooptlna la aaTod ^ ommiol fag TTtlotf.*!**. ikjootod to tkls being aAmitt4 aad, kit oxooptloa la aawod*) ifrr kiawrf ooatlaaoa tkat froot tkli parlod of tiao la April 1952 tko pdOloat log boo* tolHag poaloilll aad ire* and swlpk* drag*, bo hod ava --tlpTln ui aoaoatloa la tm loft ar^it, ko martof wagk* loo* of 14 laoo January, a obortaooo of b*4** tW k MW tog,1nlTig Karok a. getting wi* wa oooa ki*mMdJ* *h* flat* tko a*4i*2. kltory tkat ko gar# laoofa* a* H- ` ` bo bod hro*ak a years ago, ko ka* had aligMk aHaw eovgklog h*r artklxg arrorO awgl to keop Hi wet ti*o to tine 1a ea**mitf turw*y* a*6 t*U t wrong, bia fatkor m* tbongfrt to kor not alear, tko portlost gore it t* *i tk* iiapran nt ` " * doootio* ark af|*r its tko aaa ivtif bOMflt _ paek a day a*il kia proooat lllaood, 1 ko bog** working la a atoro * * eloflt dfciXft attkl at 00k* -1.4*4 ks erraade at dootoa ^looting Sbepltdi for too year* wkaio rt -11 id a*4 4urlag tko sunors ko oi. a tUlHrrt HlgrS* >nat C tkat about 2$ jeoro ago, wko* ko wo Okbat 1% ko MfM o aeaetlaea oitk kia groafdtkdr and vital * MBoor of _ colled a boat aad froat~ QcnHalor ** Mi dwaj'ipftioa or tkat ko roooiTod aoboato* board*, lf inm lifvllH a* ~k*' witk kiok 'ko oaa oitijg(lt.jiiw t* boaMkl far Storalor^tf* aa to idut poriod of 4orol*p*wa ako u ao ttUrtac about .. ako is talktag about tko ki*tb*jr ko. gift kor oororlag 2p > So ao doaorlptloa of amj fpo*l4l* bohrdi, utatlsi board*, i 4oaon>tia or kia tgaco J->b u aui suad- sot' twrt- - xoo44 for iaaulatloM. fitmok* 414 a kMloil axaolm^i^ *f iko fkllow* kl WUo Moik S kfiplkal dariag k admisoiaa*^ Mtiaia raflliii , oOtg t*4 *uib>0iw of kio ok swiwwrwar koiiaai. wa foliowTki* i* a* kopt is toagk karohoa ko roiamoJ t* tko koaultol aftor t. bAJUAft^kl*. doatk. oa. iriMi w*pokfkak*4 3ko k*a a okraoo autopsy protoool cad tko difforat aoibwi frrTal. I*t^ tontaot witk tkia ako protiktl^ ko* a* oplalaa .t* to Wat tk diagaoaia of tkia lllaooa woov SMr *4 tootlfp tbot rko fkUoo4 tkla aa* tkrougkout kia oatiro poriod of kbopltollaotios* " " sfco rto tko autopop proeotol aad aav ao*o of t4o WSkologlaal ;* . ... lx . coaaootioaa witk tk* satopa/* I* additlba ako la faailiaLr wi u tko koapltal rooord itaolfl TO MBNMUXasZOm: 3ko did nMlia tkia --, Hc..> flrot oaaaaiaotlok waa a Jiao 23, 1952 koa. aka dlaooworod tko mcc j*4 0 ^ lu|i ko obrlotaly bad sot wolgkt, followlag ko kod akost zraja akiok akofloood witk tko roar.;-aalogla* aad diaoorarad tkat ka not onlj bad tko ao-llapoo of b*a loft lowor laog but ko bad cridanaa of dkaaltj by zraja Ik tko rigkt l*a. <--* tko boala of tkeaa finding! iko rao^'"-aadod kia koapltaliAtlom for .ijiaaostia :tulisa So was *oia wero mm* by hor oolloa.^ua 1* tko kospltal at kor auggaatlon, ako wua not tkora lakad if aka partlolpatad in aoaa of tko*,wltnoaa ropllad, only to tko az$oat of vugg.tlng taasu Her kolidaj oaaa during tkia parlod and wka* ako aue book ckaj want ora: Aterlal togatkor. Askad If aka aupamaad or controllod tkosa studlao 0: -6- Sotbww-H ^dwe*d) wr :M7 juat aereljr a stiggertlax oh her purt,witness replied I supverrlaed them to the extent of being tb* senior offioer whs is do. the rrtTMtatlnc, there vara other dootors around* The results of the studies were aade available to fear* Based on the history sha receive* taa jiijraltal exaalaatiom iM conducted, tha dlagnostle notarial waiah eas ade available to her, sha arrived at a diagnosis la this oaaa* Her diagnosis was earwlnond of tha lung and esoettosls* TO COUNSEL POB THE CI4IHAET: Asked aftar sha raaahad tha d: nosis sha has Just taatlflad ta, did sha have any further eenlaet with tha an darts* his parted of hospltalixatlan,witness replied,/#* X did* This further eontaet was that sha want to saa hia vary often while ha was la tha hospital, ooasulted with other physicians- about tha eouree of trmrmmt oaaa thr dlagaeel* was adds aad fallowed hla mu ta tha tlaa of his death, sha waa sac a wltaaas tha autopsy bat followed oat very +fbfTTr V that a findings were. 3he lrssi personally viewed tone of tha autopsy --taMil, Sha personally viewed a ill4a of tha last* I* tha ecusso of Ur --dloal tiaOUs ah has had oaaaataw ta receive tmimaf. 1* tha field af pathal rgj. itf ta tall what that training au, wltnaoe replied* aha had tha we**l anewnt of pathology aa am nd ii'gj a<aalbt--dll A aha tea* Isweatraf aad so oa, than when saa mi hut offlaer at .nrlilalJBIIi **.,**& Haspital *ha had latahadva tratal at la ldthelagr dlu doing * great anewnt of aatapalaa* than- star- see* aaa> ie--*fr .'"i Efc department of pathology la Cornell University asNtog.Ch Satsafi^t# study af certain pathological preblcna, sisad that tine its* har privilege to gssoaiata with Dr. Traay nailery la ptsas?^' -a studies of occupational dlsaasaa. Aaked, do yaw fadl ta**.-vest JS qualified to view thasa pathological slldas of Xr. natimgfi*h hM tl#ce{ objection noted by oouasal for Travelers aad OTMUtr, ***>* axoaptloa is aotad) witness replied,/*** Ashad ta tall * t^'glh revseledt ebjeethen hOtad had- exception --rad fvr ' aad Utica), wltaaas rapllad, showad what is known a; palace flbrocls, eoawlig. soar tlssa* aad racetlaa arowzU thh 11 *rf MMMMh ara nasally asaaalatad with tha wsSTrZ* foral-- watering 7 afar what-m known tr wbu)c**c brdlnMt I oalU of wellgaMeyt eanaerl far Trrnstex* objected ta th* about the as bestaa baUu wad: his oxncptiqn l* ewvedK luaa.^ describe tha asbestos bodice tha purpose e ' ` rtpliad^tha aabaetaa Vodla : . -uMs : . shaped oodles that aha a l^h stalh whloh uau th^v- ' uadar the alarMaap^ thar *da*7 la Imctk aad oaatamr aad ux with the lahadattop of- oeieals. rtUuwtaa af whiah asharbaa < l oouasal for Trhralars object - < teebla--y balswr ad?-; axaaptlaa is savrdj thvrr-c aK. ara- *>* ' '- lurrowaded with blood plgaeas whiah hare cluag -v s*w ** durlag thatr loag praaaaoa la tha Mill bhimhim whlah is t'vt -- part of tha broashlal tree, that? shape varies, depeMisa oa ti^ law of tha asbestos flbars aad the iaagth of tlaa lt*s baea ir ..........vaa: traa. A*kad,4a >au aow have sz. opUAesu bas^d wpaa tha v. . v with this easa as you hava aa ta what tha 1. . . . tha ossa, wltaaas replied, yesiobjeetloa aotad for eauzual for Trwvalars aad Otloa aad taolr exoaptloh is savad). Har praaaES opiai. la that this aaa dlad of broaohogaala earelaowa, saoowdarv asbastosls. Asked, hava you aa oplalon aa ta tha ralatloasdp of tha asbastosls aad his work as pipa aovarer<objeetloa ao-= '*f oouasal for Otlaa aad Trwvalars. quastloa allowad, thalr ^eaptioa i sarad) wltaaaa replied. X said 'yea* I had aa oplahea, JSf answer is based oath# laacth of tlaa that thla watlaat wortsed la tha lavolvlac ixpaaura to flaa asaeetoa fibers dorlah tha cattlaa a.h* sawing or asoercaa boards, tha 1earth of tlaa Xwowld Ilka to saphas: aad tla alsoovery of asoastos bodies la tha luags defLa. itXj 1 - relatloashlp oatwaaa axpaaura ' ' tha 41seased process, it's ny opinion these two things fall In together - his work aa ?i*> eoverer and the disease that resulted In his death. Asked, *11 ^ *&r. five you at any tlae during the period that you saw hla any specific info: -7- .brtkaglV <*wa*d) Uoa u to Mis work for tM* A. w. Saaeroft Coapeay ** D.W 17,195 jH Harh 19*1952. witaess replied, M described to m Mis wjrtc wi Baaeroft Coapoay as we worked bsekwgrds i*te **A aarly life kistory end a* toidit twt Vi* work At tke Baaeroft Commit was preeisely *" ep*4 as I ium earlier deseribed to you. Asked, did A* fiT you aay iaforwa..lQ wltk regard to dust oaaditUas la Mis work fof tke Bancroft Cospay,wltae i>a*lLd uotMln* above tke kriadiMg * ieii| wkiok I have stated preriou le*did mot produce any askaatoe material te akow Mow as oomdmoted Mis work Aiksd if sMs got aay lafkMfctioa fred Mlk at te wMetkeror t tke outtlac asd eawimg of asbestos pip*. severing prodmeed aay daat,witaess ;?plisd#yes is tellwitnei* tkat wilt l* was cutting aad mU| :J** f*^4 1 fit e* tMe pipe M* often did it dry and wed m TnT sort or aaotMer or weekaalswl type of sew ust ke popped wltk. aisrest os Ml soae eleetrleal egulpadai if It was a Wfltr *oPW aad at art list CM* ms a geo* Asel of dost. Aylag areoad akew* tlf air. tkat i ItSM ofEakdsr >rt ma trying te tiss *at at Mimieoumaal far *TeTtlerd rtjSfts^iililtC fdestled das ukU *itt regard to Mis *rt OMptr add if tke usvcr is St sMffasd to it Jm Me mmbl like it MMda ewt.J Asked If sMs get aag spdelfie MfUBlit* te tM weed at tde Boaaraf* reeMe*pHewM swgfcldfr Bn-Jalkki |Mrt ttii at grew: laagtfc kasaoee ezeept for tail tdQLkkidCfwMMI M A^trcaag _ tstaoSRi *H i^Vt getr M wee ttffrtwg CIS okanMter of tke Job aad as cold sketft tk ***** Med As '.14 aot m tto vit sertetlaes tMis job was dose wet l} did loeerikk M Arv tee _ of aizieg tde asbestos powder late a ed. AcfcaK, d$ft M* dsset ^Me tka# operatiow as Mgring bees perfdraed agile -werkUg batwege De*>j3d* 1?*^ aad ftaxwfc 3,1552, vltassa replied* I Mere no sued nek*. As^r^ ddt Ms tell yea abeat Mis work for tee llirtwat OSrit Ceepea^WsMwrr'rTc'S; 3^ 1952 aad April 25, 1952* did ke giro ywu aay speelfl* UtfS-1,i*M Mb ragard Vo tMe oMaraoter of tmt wept,*Ks*w replied* tbs awfcf agfe* ? 1 is CMat Me aost reoeat work was tlJttlar to Mis earlier wort I4 Mare tba preetse deeeriptiev of Aik work at tMe A restrwag "tty fir *U det from test of tMe Bernereft CosgoWg'******* da yow Mate so. ^ktkb aa fie wdasbss e*. ** tkia aeploybe4* disease as* ibetM were ^IgUg rate* ye deeariMdd it 1m yeur previous assjwp Mile la Ma esplgf of tMe Beadroft ^nagsy bwtwwst DeeedMer 17,195^ ssd Kurt 3 1952* witaess replied^ as. Asked* ta yfu akm as opiaioot as * ' it was related te Mis espo.su.re t. tVt sa^* trwn of worii tMet ; ;.s?t aeatloaed la 7" - .vaareS- .... wMlle la t of tMe Arwstroa^ Cowpay betwees. MareM 2d, 1352 as* April 25. replied, yow* re aaklac it toy* tar sol me. Mked* ia year preri _ easwer you told we Ms* yos-ftS* nmt tfe efsdksray tsttrsv Misted te tMe losgtM of tige Mat Me was ejpeae 3ca Mis wMt ^ err*rM, v**wess witness replied, yes- Atlc*-!, ic /o^ 1*7e as op-ialea as te \ -> ,** it riCmiT"L*P l4t te Mis lugs Mile perfor*.u-4 idiwo* f tMe Baaaroft Coyaay betweaa Deeeaber 17, 1950 AM. KarwM 19, 1V.7 *** ardl to Ufonatlog tkat you reeelTed add to wkiek yew Mare testif.^i te Meow te li *?*?*, ***1},*J>..y**# tkl* iM * Mdieally soioad okaarrmtlom^ j 4e fpla^om* ^ked*. do you Mase aA opialoa as to Tirt': ' 'i-J^ ' dltloaal lajury to Mia lays wAlle working for IA* ^Msp^V( , .i0i daiag Mis weak a* yow Mate testified te berwaaw lared 2oTl9^ 2< * ,w 1 kawe as oplalew. Asked to glwe : n-iuce aLi2?5*ciLikl# SJliii***1 }*** to Ws lusgs wMlle wei*ly for m3 Baaereft Coopay, wltaeas repliedtokjedtio* aoted by euaselfr ty otiea. *dS`ao apeeifls iaforMtioa at te wat Me *14 t<u- tfeis aoapaiy coumeel*1 exeeptioa is saved) tMe Mistoy frea way bask u womu aaa *?ae asSstM ^'SLSJrr.eT2j!*^R!!y!%f t* -r*r of tMe asbestos oewasel for tti . . of ti as very clearly iadioatee a of a*b*e* fik-rs -f taryiag_ 1arg-f*ta91nr 1^ 9"' ' depeadiag ?3 broooklolea wl ,s. ^rme< reaultaat raactlon around tMeae broaaMioles aad wtat amounts to little r .oMss of paeuaoaia, wmea tMea# little patoMes of poewwntla take plaee of tMe lung oeooae inooapetemt. tMey a re no longer of aay use, now darlag tMe exposure at tMe Saneroft Company Me inMaled aore asbestos 4u*. of a fta** enougk caliber to reaoM tMe small broneMlo^es, Me plugged tMe '1. 'ironeMiol Sctanruii wkick rwae-ted -oaityra {timntfl for Utloe oOJected to tko deserljrtlai of sell key of uMttt* wfcllo workla* for kls eoapaar, question e daiited U Mao.) Aottad, l UIW to :k* provtm queatiom obost tala ama'a npiaif wkilo Is t)M *floy Of tko Boaorvft Coupaaj, it U to sol for Ui --kataaa* Boeomkor 17, 1950 aad Horok 19, 1952, rou dU aot MIX ua u/tUM 4# to tko also or oallfcer of tke portieulor aakestoa fikwra to uklok ko wma expeoed, did rou obtola oar iaformtion fros ki* as to tat, witaooa rapllod-aa. ifltid, Mat do rou Mao four g totAMOS to your prenouo aaawar wltk roftruaao td tlinlia? aad 120 of tke titeaua kodAoa tow kick la nptaai U1 la tie aapioy of tla aaalt CAflMp, wltaaam Nfhad,tl Aartir la roar *l*le - beemao of tka nar^f of tav Arkertor t*- tkd luav.lt kad to M a11 oaou^m to c*t taere, tkore oeuld ba aay of tkaa arttriad At aa* xao% somss but booqua* of tko quantity of fikam and tko okaraoter of tke* uaiek I ham tusortWwd' tv yea oartier aa e*14neo of tk* ooMstoo hedloa it aooaa r--aaaOl a, oat ooimaliTr sa cream mm 11 of flkoom nosat ni tact lav HI M % smutlea dtfU| 1km period jfli kawe jekt kmom dMwmai to am, aaoalH 3 jmrt prior to hfc* dafttatfoemMal fmr TtlM to tka pmm Ul mnr oat tko? *t atom** km kaot} Aka did yam riaait* eacmc* tafmiaatiaa free tkla mm ta farm am opiaeum aa to wkotkar or amt ka had nauiMd amy Adtltloami lajarf a kit laup duriac tko janok from Jtorafc 26,195* to April 25* 195^ m*a tuad, no*X mrt ao ml tki**. dko does aot kn waip iafhamatloa aw tfi?# iakad, U a proeiaaa mini raw taatifM Mas tko MmIv^ timim Moadary to ojkootoala, till yea *1to ua yeea t tateamat,*ltaea* ropHad* y- rmaiai are hakod aa mm exporlaaoe of otkor oaaoa of individual* Mo kero dlad of kramokacoaia o*relaaafc,?Foolaol? eifk tbo paikolocloaX aturty aa Mr* HetHrall Akd wfcoa I apoak of to ay Kneeled** of lltoruturo plua trfToUla* in Saropc bolag At Saraaao symposium ik Ootokof 1952 At vklafc tim suhjeat of Aibootogt* sad easecr of tko loaf ai ruoiaaad* ^o kao expertaaoe vitk ladlTldual oasot of uHitaili aad krnaakotaalA otkor tkaa tkaf of Mr. HotkoalX. Aakod to toll vkat kor oxp. Wm boom la tkoao otkor oaaoa, wltaaak ropllok, proolaolj tko amm a lose hlatory of eipoauro to oakOAtma. Aokod, do you kovo oa opiatk so t tko mookaj&laa vkoroly tko oabattatlo It oaasall; rolatod to tko kraaakom oaroiaoaa, wltnoaa ropltkl* ytk.Ia kor oplalom tfcko aakoatoa flkor Mlok 1* all aaouck to rokok tko kraaokltloo 1# aol blc eaausk : pi* aad ukat happaaa la tkol Aariao laaplratloa oad explrstioa - - , ii-aataa flbor aulac* book -sad fortk zm *-*-* -v- ^ tsrnrmlaal irrli*. *. j 'i otkor aookoAiool irnuui tko ka-r arodao4 aallcsoa7, tk*a Ik tko baalo for tko opladoa tkat tko ksboatoala oauood tko kroaMkormo ooroiaoaa* ' TO comm. FOB THX UTZCA: likid, you dea't Mat to '.xi ua you loow vkkt ooaooa ooaoor, wltaooa roaltod, la aobo laktoaoua t aoold bo clad to, wo aoT a propty oloor otIAama la rodard to pt?o kr^ora, #t Aakod, paapda faamdftMNtkayo feo a crMtor \.?*t4rr ^ of oas" ^ *xoa* pipe saokort but tkat la 'uat : * -V, ;,u . /* r?-. lt-, your atudi j, ; . if to did not jt.v::v , plv ko would aot cot tbo oanoor, tkat la All* Aakody la it truo t at rwj a1o flad oanoor of tko luac Aaoac pooplo wka doa't saoko At All* witmooA repllod, yet, Aakod, lt*a Alao truo you flak o*aoor of tko Irwtmc.-rn poopl# for wkoa you did aot dlaeowor Ik tko klatory of tkolr oooupatlom or bookfrou&d or Aaytklac !* tkat tko 1M( kod bom irritated la say way wkAtaooror, wit&oas repllod* keeauoo wo eaa*t flat it doev aot aoaa i doo* t exist* Tkoy kaaa fouao oaaoer of tko luac la auoa mim, tt la truo tkat kar tkoory tkat irrltaata produce aalicaamoy deoa aot fellow tkrouck la all oasea. At tko tlao of tkla aaa'a rlrtt adaUiaioa to tko koapiaal kko did aot fora tko oplnloa that fco kod aabeetoala. Sko waa oa ^aeatioa durlxc -'`-1? of tkat year* Oa Juno 23rd ko r i ker office a* sa ou;^i,mk, a.m mis aot eoafiaod to bod tkorn* At tkat tlao *ko reoolTod tko aiatory ske hao stated. Mr. 3othwoll was atlll la tko koapltal wkoa ake returned froa kor TAeatloa la July* Aaked If ake aade an examination of kla or aaaiated or superrlaed tko eaXlnc of aa exaalaatloa of ala at that tlao, witneca replied* yea. Oa tkat portloalar adalaaloa he ui dia- -9 a*tk*eii wo skarxsd .'alp IS, 1952. 3k* 4li vt prspar* a dlaokarg* diagnosis at : tUM. ut*4, mi tkar* ona prepared w* a part of tke kospital retord, witness replied. tkere nut be. Ask*d, weren't pou la aUrjs of kis &as< witness repl 1 ed. do pou want te understand tke adaiaistratire seoknnisa, taat would ba kelpfal, I all n of ke ooeupetlonel aedtoal Iiais I reeoeeend tkese eases for adkiasld* for diagnostic studp and treaties? Wt tkep go on tke ward us * regal** pdtisat aad I don't `boti the ;ob, Z *o around aad kelp work tke oai out bat It's not W ultimate reeponsi abovt wttt la wrkttan on tte Dart kad Wat la daa* to tke patient, tka la just tko neokanlsa of tke keepital. 3ke mow tka an La bar offloe oa Jane 23* He u later adaltte* to tke kAc^ttrt* Xo w akaittok to tke kospital witk a tentative diagnosis, tkat la tke wap it la dome, ake see on tke reoerd tkep it states 'askeatesls* witk a question aerfc. Ske kee tke original of tke heaptie! rweerd dakad, and 4e poo flak la tke original reeerd tkla natation undar Pnlp JM ttlib rands firrt Beaaeeks Isaaral floepltal record of tklk Xynf not wfclte sale ake eater* wttk ilapNU of caret eawa of Inc1, tttwa rmpXled, m Ae qweetlan aerk ituit for possible, i^gtt\Mti Asked, at tke tlae of kU admission to tko hoapttal, la tkeee cap mfSrcnsc ik tke keep***! reear* ef sap aekewtocl* tkat 70a can im, t&keu ), 19 it ear* klsterp U in^etlble wttk a *1 iguana f iibmieii . tksse are mot wr note*. lake*, wkat I'm trying to get te tklk, wtaa aeel* pet tint fIrek questionable diagnosis tkat eae I laelbl tkere kW* aAktfie^ w*u tkat be sonstklag tkat weald sen* free pour sneer*, as result ef pang *rental ig ued studpiag kin ae Jtn 23 vita*** rsp'Hsd,ns, I jus* rrplaVacd to 70a, tke administration kae aetklkg te 4e wit* an* tkat la Lspertaat, tkaro are teetotum* rssaereksT* end nmp ae, 1 isn't diktat# opinions to tkesu Asked. wm if I Mmtak' ye you*r* wed responsible for sap of tke nptelisia erpreata* la tkr met ttaetf. witaeea repirad* Z aertalaljr---- aet 3br rteflod tke imi f<kkUf kaked if tkaro la ear pert or tke reeer* vke dlaagraaa *ltk> KIM replied it would k nftUi qetff lf tier* were no* bat I see ttm eater* lato ej opialoa 3ke has rtsikeed tke reeerd* tker* Ik ae treeteeat for tke dlkeaae of MMteelk# It La a procreative dlaaM wltkeat tap treatment txrm. be Aated, dtt would tar te* Cfeei ef kaeorowa zraja aa aa Individ*!1# akeet witk refkremee to tkla eentlttac of eakoatoala, would it it, witeeaa rapll ad, pau*r* ake tke dlacAoela or tkerepewtie vadlka*^.- "fS.' *+> "* -".iiat..r-4 waa glvea Ik tnla eaee :'or tk.-> s.' ' Tkor-: twit earn did r^.ietve tkerepowtie jk^wffka rmtinw dwlte a nufrer of tkae Ske tklkfea'ka >Hii to keva tkld fKMtiMfdaA MUalen ko ted a let 9 traps takes at tke eutpetieat ddjjBSct, Ilk*, Lt*t a feet,It it set. tkat tberepaafls trap troataeat **mm be iktitMit-et ta kla insofar aa tke eskecteadk eanditloe is eca^wiWPfV ?*.%****- r^plldd, aa, 1 daa*t tkLak one oea draw map seek ooaeleeiea* tlk <lnir si* believe tkkt, la feet couaael gav* ker aa idea in tkat IMMV tke tlaaae elckt da sow go* ?ka tkerapoutie xraplag was dona te tMV awt tke oaaaer cells, skriak tke tlacue and aeke tke eaa aore aaafbvtakde kwt no one kaa tke slickfaat of treat!** wit.?. idee of surtag klk, It was siaplp a eeae ef petting --J' --f ieetk. iskW, se if tkr reuoid ttarlf ladtaate* tkat tke , ;.-eatlag tkla aen for eaaaor free tke dap of kla first adait tkat u so, witaeaa r*p!led aa soon as tke diagnosis aa aede. Asked, tke as aede aa ta flret edalsaloa, wltaeee replied, I tkink tkat eee aade about Julj lOtbu Asked, wouldn't tkerepeutlo zrepa eajtee aa laereaaad fibrosis of tke lung, witness replied, tkat would depend on kow anek of tke luag was exposed to tko radletloa, uauallp tkla la fklrlp loeallsod trsaeaeat, ear* oelag taken not ta git* gweral radiation, I could talk it over witk tke radiation aaa If paw want aa te. Ska does knew if ome gete 338,"%i13k9fiSl `^Iy4.'TS1WS?oS*tt*!Lr,SSSi7iPtE^oieei Asked If In tke troataeat of esbeetoala wker* tke kroaeklsbl th,, ^ redueed la sis# in order tkat oondltlss i* auv sdnlklste * for tkis. witness replied- we use it but have not been abi to preduee enp good results witk asbeetoals* Tke7 did net do It in tkla oese boeeuse tkere wae too wuek earolneaa. Asked, end tkat was apparent to 70* fron tke outset aa tke first dap 70U exaalaed kla witk tka oollepae of tke lung, witness replied, tkere was s question bat tkat la wkat tkla was -10- lUlkatl} ` TWO 1 d) ifYH, you bar notes wltk you wltk referease to tke history you roeelitd fro* kia u to tke e^lormeat over tke years, witness rpUi, I 4oa.'t tnlnk :ku art ss fits fstory;; shay as* ay mrittenierllbled c*. Ska bat * dates la that, tka wea trying to get a description of .-.if work as kamt u* frest inswlntor* itk*< If im wrote down all sae got, wltaees replied* oma doat mot do all tkmt* tkara ara a good aany eking# tkmt a atm Ilka tkls tails ma tkmt ara mot writ cam down, Ktalsslr I ut not got down mere tke exact day# wntm ke workad for tkla ooapaajffkmt oeapmay* lake*, when you flrat examined tkla mam you wara sc interested fixing liability on a particular lndlridakl iasomuek aa you wara la makl diagnosis.witness replied* yes* Asked* amd it would be important 1m Baking a ciagaosl# to determine kow long tka ladlTldmml kmd been eapioye- tkia particular Job, witoaaa replied, it dogs mot torn* relevant *k*m .-am a kiatory tkmt la ao loag ik tima of exposure* Ska kma wted that ka -^r im a ttora aftar aakaol im kia amrly yewtJu Them wkila still im aamooi k workad for two years fef tka Bottom Floating lempltal. 1 workwi. t ?\lg Pratt as sklpier alto* Sa workad tkara about a year, Bar most aanatie..* l. tkat ka workad at Wavsrly Hooting for ome yaar fallowing tkmt ** 41 i masom work* ka workad off aad om with kit grmmdfhther la. feht t eeaeott .ora tktm atartad at wkmt kt amilad katt am* free* imtalmklag mat did i- o. mad am for atout 30 years* ka oat mad sswed aafeaafeoa kamrd ta fit pi boileew, ata. Ska was imtaraatad id tkii 3* IWf1 a^Ioyasac i . tad pmrtlomlmr trad*, Asked insofar ma wkat ka did idkllh worklag for % > . la of 15 aoatka for on# employs* or- t*a yn fhr maattar sBpleye? \t t . pertleulmr tlaa wkaa yaw resolved tkls littery yaw wwre he* tee into jki im fiadlng out tka detmllt of tkas,wKne# replied, t*sn*< right* Aa.--l* mad mowkere la tka raaord iota It u^ismto kow tuk estates ka -ammo a tmet witk wkila la tka employ of tka Baamreft Company mad jaakmr > im oa reeerd doat It ladleete tka amllktr of tka mtbastot wkila wwrkiag far tks Bmmaroft Co^amy, witaeaw replied* yes* Verfciag wltk asbestos r* ana to bevs proper ventilation or tka wearing of m mask mad tkam it * a i done **i,';**>?*- Insofar as kar raaords art eonmerned tka doesn't kwsw v^.efct wkila working for tka Bancroft Company kt was out im tka opww sr la tm fined spa.ee, wkmt tna sltumtiom wmt wltk rafarwaaa te vemtil-iw- S' aw tkls patient during kit laat admission to tkk koapltal - tka latr part of Moveaver mad flrat part- of Desesber* Skt wat not tka so-<Jallr . attending pkyiielaa at tkmt tlmv) tka mam wat om tka ward. Ska so<.Ua to do wltk tka prapmrtttkn enftam deatk aertifttmter tkmt wma house offioar* Ska mad aatking ta da wltk tka preparation ... , t-- >* dlmgnoals* Tka tidagmoaia of askatto^ *. - ' '.ovc ti.-s iwavitAl r'jeo^S was questionable but tkmt antedated tka postmortem* Tka: at tka koapltal record it eommaAkd* - TO CCUUSSL ?0B TBAVSLSBSjCW looking at tka slides foLlovtar autopsy ska obaarrad sowe elub~kmpffdd Vrwars-:-.--*.,:. - " beoausa of tkair laagtk aad oontour and duration im tka .. .. .. lumg ska oommluded tkay wara mskastos fikart* isked if she kmd o.; opl^lck at to wkttkar tkay kmd beam tkara a year or tew jearj,wltaam . u. . Asked, tkay bad certainly kad beam tkera longer ikan a year in y*ur otini' witnats replied,! don*t tkiak I gf^ you an oplaloa om time* isk*d, the fibers tkmt amused tka aanaar wklok produced tka deatk bad longer than a year, tkmt is ^ ^ -- oertainly more tkan likely, Asked If in kar oplalogtknt it sree*-.^tae--i replied, I wish I mould be awfully flat-footed but In aereaialy : go along wltk you oa tkat* SO COUNSEL POE THB CI^ilMAkT: Asked, tka diagnosis of a.:'*estccls wkick was placed on tka koapltal reaord oa at least seTeral oeue^.amw -vi possible diagnosis, was tbmt confirmed by tka y--`tmn.imwr.i ^pliad,yea* -OUkSSL ?0H TEE UTlCAjAskad. la It a fair statue**? ro rj. you aart ao op^tioa as co mow long tka asbestos fibers wkio*. tom -t 4W on tka slides kmd oaan la kia systam, witness ropllad, yea* isk*' 'mad >f oourse those would be tke fibers wklok produoed tka eraser wkia*. .aui*. nl doatk, in your opinion, witness replied* me, you oan*t bring tkmt .nto - mare said beamuae tka asbeatoa fibers sots around* Asked, wkil.- around char will not lasts the system,wltnets replied, yes, tkay 11* '.om. or them might IemTe tme system; they sight leave at a&y tike. See jii au> opinion as to how long tke fibers wklok aka saw under tke slide were in tka system* -11- Satswell ^dW^d) Counsel for Utlea rekewad kit request that the questtoaa tad .mtri admitted da bene da striakan from the peaerd tad Coamusioner r. tkt** allowed la until the entire record had been submitted* At tka oomtlmmed hearing held la this care in Boston am Frida; jply 31*1953* the following t~Hht mat reported: AFFIA&AJICSS: L* Load#, Saqwire, far Claimant. A.2.Hcgfcllm, Saqwira, far Utiea *wtu laaaramae Coa^ta;, H*riumiBett, Ssquire, for Traveler* ImMMt Ceaammr H5LB 7. aOTHVSLL, tM alnlnant* (pMtllaned hr hmr eewawaiU teetifled aka rMtoUta ttt i ............. kook *deh oooaaal tea lm his head. 3ha tmad that Id tkm |*Ait sT tka eeet kar husband vara ta wvrfc* Asked ta lie* at tka kiafai l~fi id that kook and tall if ska reeagmitai lt,wltken repiled*yae, Its* kar hatband's* Counsel for clalaast offarad this Heaoi aad-- Baatc far UH raoard aa an Exhlblt.statlng it It a work raaerd k|t by t^e Iwaf Hit t. Monday, Oetokar 28*1951 threkgh Pebtuary 19* 1951* flit lm it tft* employee llttad from day ta day tka wark tkat ka did* tkat it ia aapaav tkit aan aad toaa tort of supervises? oapaeltjr am tki* jet; catael fw Otioa objeeted to tka adalialam of tkit tl--m --daa taakj ruled tka Xemermadna Beak was ta ka admittad aa am Sxkftktt sat asfltptHi it saved for aeunsel for Utiaa* JOHN J. HUQS5S* aallod akd qweetlamed by aawna*?. for lttkrf testified h pseaaatl? lira.': . .. ~a*t7 -treed* Daroka*bw_*. 31 j it a 5 tka Soat akd Frost Xasulatlam barker*1 Union* la kaa oar... . j a*! workor about 35 yeara.(easel for alalmsnt stated kr aw Tfftiikf tkls aaa aa aar expert viewer aw- thr trade of a ham* aad frost inmate? During tkl* 35 ywra ka kn wertad. -at -wo.-! ior am bellere,ppamsanfet 1 aad tttakt* Ik dalag tkls vcra: ka only td 'to- alx up thr. .ikaatkk wttk water - tkat woa the only miking ka did* 2a kaa dene ttet - .a* hiyfflhfc?, Ik tkat troda ka had. ooaasian ta- amt eylindera af prepared 'junUaMftq aatarlala* Ha kaa doka tkat mrk klaaalf. He kaa kleeked .-.larr./iei* a itotf ttajkk hinaalf. (Cauatal for elalamat again stated ka offaaa tkL aaa at aa expert witness aa tka trade of aakaatea worker - - * baak ~Vr ft iaaulatiaa aaau) MaaklM a flaa aaa part of tka iaawlatix$ ;ak* *1 too ^Atarial i aat al'skyt u-vid to bleak % flaw* Tiara are ?. ^>izracfc; 1 auwoar of aatarlala meed far blaaklki a floe* Asked* aka* -*-> tka .^$ar uaad for klaaklo^ * floe* witness rapliad* 85 par seat Ha^taala weald be one; air 411 beard wamld be aaotkar - tkit It Jvat aa atboatat papar} aad applleatlom of aacaatla aaaaat alone without blaafebac* Aaked, lm aay of tkaaa three inamlatlmi wtarlalt tkat you bare Jaw* mtlamed la adbe vued* wltmaae replied,yet. It it uaad lm tka apatU. Iowa od' tka aatarlalt wat uaad tpaolfloally la far heat aa-rlmt* They ala- utad am aakaataa eeaaat* Aakad if a particular typa of flea raqalred a particular one of those four laaulatlnc aaterlali, wlfcasa* rupliad, yea. Asked* what would de tka olrewestaBaa* \aT* warns rmm weald use tbm asbestos oeaent, witaaat replied, la 90 per cent of tka eases you used tl asbestos eeaeat for flnitklnf* Asked, how la tkat askeatci ceaakt prepar- witness replied* it ooaas right froa tka klmaa. They gat It la bags aad drop it into a mixing box and apply watar* Asked* la It tka euatoa of tk. 12- kttalt (dee^d) trade of a l*t and frost laaulatlsg ai and asbestos worker, is is the * if ^ tro* tte au oat tka jab 1* MNitM tout as they w it (ohjeetlaft by eoaasel for Utiaa aa being lasatarLal, question allowed) vUmii replied, rf* le iu low ttat ttutlf, TO THB COffilSSIOJBB: Asked to tail ate* lie actually observed vlM tiit earnest m mixed, vi;iMt replied, the duat naturally raises up wham tba aiMit strike# the box* TO COTOSB. F03 THE CLdlJUJff: Blocking a ballar Just aaaaa applylac U* laaulatiom* That la tone la tba aaaa awr aa ble-eking a fl; Vham blocking a bailor you generally aaed tba taomlatlea directly la emt- with the ballar because no air spaas wma smiled far but la a flme they igte aa air apace lath to (lti air space abaft blacking It* The any used tea air apmee. dobed* you amid la assaer ta previous VMM&as that 90 per esa* of the tlfta tbo aatarial u*4 la blaeMij a flme aw ^aia eater* aawftt* would that aaaa flora apply la bleefcteft a ballar or would It ba ; dlfftrit ajapartladb, witaaaa replied, u. !* tit nft thine- T* would my tftt 9t par seat of tb# tiaa they tutad till telirtea iaa--t to ftzivft la othar tanf they utA tba aabaataa ttaat ta oftlafc Aft * to tia ballar M that warn aa* a general psuttsa with rftrv pawaft* -'-/-oft ta tft tew ba would C* about sevena* a ataaft pipe* vllbiat fftUrt, : stteftplpr up ta taa laabaa la caaara'rly steak aft wltb tetefti Tfta la tteariHj segues la, baked, it it laaaa aatartdl ar daftg 1 teterlgl >tft tba fan af a t|Ua&, witaaaa replied, as, it*i a teMftt #9^.. Akkad tft taU wtet te aaaaa w that,witaaaa replied, it wan tftftftptit/l faaft w approx!eats]/ taw laabaa aad tftaa aalded la iwnMA fkn ft* % raft laabaa aa* te aaaaa it aaaaa pro aba pad* Tiny da tew ta ate *? fit* dated* oa tba atarlal ttet ydu uaad la therft any latel * ***. - .14 ate#: xbat tba aatarial la oospoaed oftobjeetloa tetad by aawfttel far Ptf1 question allowad and exception la awrte> vrtwaa repOftp^pad* te ate? tines of four aespeaiee. wte aenmfactura tbte.tetertaft * teg? *--v Mated d Rutarson, Johna-JUmville, Pklllip- Carey, iVantt Aateataavdftftd^ la jwr maaory sufficiently strong today aa you oould tall ua taftef wf- * *ppdtyc tba labala of tba aeldad pipe severing predated by' ty af teen- .-s aaaafaatarara (objection aatad by oeuoeel fot tftloa, question u.,,L9#ed> witaaaa ?ppli#4* 85 par aaat aacaawla and ttet Is all* datad, it mc aaytbln* tbara about wbat tba otbar 15 par aaat la tb*--* .. .-apuv;,* aarar statad. to ay teowladga^ dabad-, 4a- tb *< 4" Dollar* rafer to,ntn*as rtb*t .. m* wofft* dated, wbat tv tbw raortwoa ttet la wood is ttet oparatu^, _ . , rapllad* arbaotav aawast* dated, wtaf tr tte'pbrswvWflslablsg ftttlsgp* aean^witsaws raplled* putting oa tba aabaataa oeaeat and oasTaaalag* TO COOSA POP TBdV2LSH8: 3a tlda*t teow Kr. So- : . zzz* 3a wi am tba aaaa Job wltb bis but nawar worfcad directly vitb itu, la aarar workad 4treatly wltb bis aa ba maaar taw wtet work v dakad* there ora a lot of tba dutlaa os tbia Job ttet era j.0-4 .. -,xitx*K replied* I weald not say a lot,lt*a really a dsaty jab.dak'4, r -aam t\c slxlag la duaty,wltsaaa replied, era* tba appllaatloa 1 . .j. aftar you tew# alxad tba water wltb tba aatarialttet is 1 . wbas you apply it it'a wat and ttera la as dbat* la ttet- right. ,-;-*** replied* no, ttera la duat wbte.xou apply it* daked* wbas you it, witnaaa rapllad*you(ra mot apeljffkis wat stuff to tba botlar or flua.wbaa you apply it to tba aagsatla block ita dusty. They put this buj mtarlal 1A a pall or tub aad pour mtar oa It* Tbaft it's wat* Tba alx:L.^ ."A m daaa 1a a few alwtaa, Tbaa tba earn wbo are going to uae that tifca . .<a a aortar board or pall, Tbay use a toewal, Tbaaa earn taka sow La - >-a and than apply it wltb a t rawal, Oae warn aaa lx enough far 10d man* Os" aa average Job there would oe tan aaa* CW aaa* la oao boar, \ aix enough oaaaat for ellbbe aea for theday, Se taa other maw. jould ga to tba tuo and get a pall or oueket full of this ae*f>iei *Mt c.or* ix te where taay ware worsting aad apply it with a trowel* That is the -sual way it is doaa* TO CCUhdEL TOR UTICd: 3a was not working up la Fort Z w.t, Maine with Mr, Hotbwall; he was not ta ttet Job* la worked wltb his at tte Sousing, Ttet may hare beam two year* ago* It was soaetlae la .951* yb 13' 2othweli dTpiieefrfrieordei[.onnMtf -w'erent means of applying lnsulAtlon to a boiler. -here are el .^i# of lnsulAtlon used* Asked, and whether or not Xa any *l*ea *. to Rockwell was using asbestos to your knowledge 70U don't taow,witness replied,no* TO COUNSEL FOR XHB CLAIMANT: '*hn one ifl applying this wet semen _nll. -- *oia* against the dry surface and when you apply wet atuff on the ll2 Jlrfac^youfflag baok the dirt* He did atate the asbestos oeaent waa uaed aa the fLflisalng ooat. As a general rule it m ueed *a a flhianlag S52t U to? if something else. Asked, what la the usual that u put on before tne aabestoe cmant*witne#t replied, tbftt_la^3$ per cent Lp.,u. Asked, is that la. the form of a prm-nolded Aegaant or eeotlon, or la It alao in the form of a wet baae1wltneaa replied* 90 per cent 0. the o lt` la. molded form* Besides the mixing of the oan wu.cn is duaty, tarn cutting of the *terlal la dvaty; when you*re searing it, it's dusty, Asked ejuL would it make any difference where yeu mere installing these maided, segments aa to the extent of the dust tart would get on you, weuld some places he sore dusty than others,witness rplled*jea*oa open eenmtraAtio* there would he eore wind* That would make It nor* dusty. Asked, how about installing insulation on pipes that arm In the celling, between one oelllng end the floor abOTw!objection noted by counsel for Utica, q* ;ia* adnltted de bene) witness replied, X doa*t think that qwnetion is pa" oorreetly as far as we are concerned because between e selling is nr j s-o, you're not between a celling when you're applying: that, you're open although It* between the celling..when the Job is consisted, you're 1the open ween you apply it. The floor ahere 1c la jTCAee* Aakdd, yeu're w, above against a floor,witness replied,yes. Asked, is that work mere dusty than other work or lees dusty, witness replied,X think the answer weull bd Just about the sane. Job, TO COUNSEL FOR THE UTICA: That depends oh the conditions on the TO COUNSEL FOR THS CLAXXAlt: Asked, so If I understand yet answers, there are three parts of the work that are dusty, on# cf It : *> mixing of the asbestos cement- tha second is when you plaoe the saber.-* cement against the magnesian blech and the third Is when you cut the modadd segments to put on pipes, is there any other part of the work is dusty,witness resiled, as far as dusty, now as I understanddkmt question to be is tae work dusty, y~s, it** du-tt,' jus Z ..un't say It's dusty ftr all materials* TO THE COWGSSIONSEi The work was dusty when he used their material In mixing of cutting or applying., TO COUNSEL 703 T3ATP.LS3S: As!<ed, on these Jobe where you 0 . > applying or this material taac you were euttiag, there was a copal; dust that was not as result of your -etertala, Is thmt true,witness ,*viied, that is true, I said yes. Asked, in other words on boilers that you might be working on there may be a thick coat of ordinary 'f.ouse or build!-* ' so-called, is that night,witnees replied, yes* Aake*--. ,i>A on ?i>ui . cowing or repairing there might likewise be tiro:: coating or building dust,witness replied,ye*. Asked, and when you say the jc -.s-ju was fusty you mean In your operation# you disturbed and knocked loose s TfJi1!04^!*1?w*rouiU replied, no, in my statement... Asked, x say is that the procedure when you apply material either to a boiler -- you 1*kt 4uturb ** dust that was on these pipes, w .as mSil?JjUti?S-faf!f#r<wSui4 0 5 That weuld fly around, Asked, when yor fit*nuesinsidrepm.re sC*Af*lWl**.^Attii_k!_,*__.r_(._d4_^u_,_e*_ctb_ .`Iw.M.ia,s.*8f . wsik*sjtfr_e.r.J. sh&$s3rv, aro\ wour >>?eed '. ...L -hhee p.rcta,,, -tUwU**17wMUta**# ,,rethpalited,,, ,,I.wr.ould have ,,tooulwd ithhold ' <'as t Hothweli deo'd) ^Jcrity iQTolved aaterial up to tea innhet, witness replied* oa tne work I follow#* is has been without cloth, most of th# work : habe oeen doing has been laxww work. He woulda't know wh ether Mr.Rothweli worked with the laraer werk or with work up to tea lashes. Asked, but if he did wors with material up to con lnehes it wouid be oovered with cloth,wltr.es* replied, it would, be* This wet eeaent was applied to a boiler or other objeot with a trowel. When that was done, It w as applied only a section at a time. That answer does not apply when It is applied to the `asuiatloa on the ooiler* They apply the iasulatiom on the boiler first and then finish with the oeasat* Asked, oa the staff you apply directly to the ooiler you put that on dlreetly with a trowel and. that is wet, witness replied, no.-A#ked, you put that on with blocks,witness replied, ye*. After he puts the block* on, then he puts on the wet oeaent. The wet oeaent is handled in a trowel* Than they put oa one part at a tins* asked* so the only part of the boiler that you touch when you put on the wet oeaent with the t rowel la that part whieh beeowes wet, you don't touch any other part.witness replied* the wet idasnr hits erne part of th# boiler and invariably disturbs the dust that is a there* They cut these aolded forms with a saw.Asked, and whan you eat then with a taw do you usually put thea down oa something and saw don oa the,vltacA* replied, I would say 'no' to that question* That is usanlly dsn# by liyli it down oa a flat surface and cutting across lt*t la (sas Ilk# oa a table sad out across. It cuts ae#lly*Adked, and th# malarial that yaw cut is usually covered with sloth* up de tea lashes,wltaea# replied*/*#* Asked, you don't know whether Rr.sotkwdll used may material ewer tan dashes or not, witness replied* not definitely* DH. JAKES STEWAST ROOKET, celled and questioned by counsel far oinanmt, te s 11 ftwdi Qaalif1oa11oa* admitted as pathologist) he has had th# Jffpsrtunity to review th# record of Massachusetts General Bowpiifcl and the autepay remerd df th# Massachusetts General Hospital, pathology department. 5# ha# famed, an opinion as to the cause of death la thlo**#. In hi# opinion this man's death was caused by addaoesretnoaa of th# luawp - that was tlm immediate onus# of death - with extension .to ,the heart, pldam, diaphragm retrope.rlt.--i--1 :~j ca ;.'aw lef';, xida#yt"CSd the lywph a#de# Asked* was there any other pathologloalbeadltlea this aah had whieh was contributing factor in his death (objection noted by codasel for title#., his exception Is saved) witness replied*there were other contributin'; factors*isked, what were they la or-l*- .''.taeas -veiled* this aan had asbestoses wish pulmonary fibrosis, congestion of the liver* inflammation of the external surfaoe of his heart, lnflaaaatloa of him righ lung,externally, and he had approximately a quarter of fluid la hie right chest* Asked to tellswhat there is m the hospital reotrd which leads ila to the oplnlqa this* aan had aabeetosis- *ntnev: r-tiled, ir. tw.; nleroseopt exaalnatlon eg his lung tissue the oharaoteristlo nodular shaped bodlst th one sees In asbestosis were present, these are dlagnostle of asbestos!-;. Asked. If he has an opinion as to whether or not there is any oauaal relationship between the asbestosis and. the eaneer from which this aaa diedjWitness replied he has. Els opinion is that due to the longstanding ohronlo irrltation*as result of the inhalation of asbestos fibers, ttbet *s..l Is an adequate cause for the development of his osneer whioh led to hi-, ux Asked, did the asbestoses itself, apart from Its effect la producing the eanoer, did the asbestosis itself play any fart la his death atthe tlae that he dled*wltness replied* I don't think so, no. Asked, X taint you to assuae that this eaployee worked for Av W. Bancroft Coapaay between December 17,1950 sad Har<n 19, 1952, that during that tine he performed the regulAr duties eg a heats and frost iasulatiom worker or asbestos worxer as it is ordinarily deeeribed. that this work, sad sweelfleally during the period froa October 28, 1952 mad ?ebruary 19, 1952 laoltaded days days In which he finished fittings, that in these operetlone he used ia- materials, Lnoluded among which would be asbestos oeaent, he used **c#rlai aolded segments, that in eomaeotloa of coTn or pipes ne nad to cut and saw the asbestos board, that he had to out it to fit around pipes and fittings that came with the pipes that he ms covering, -15* Rockwell cco'd! tlut tala aora ** dusty, shat the dust Included duit fro. tae insu-atioE anarials .!.LwJeildl oaswbtauiiltdifitnSg daut eftawtshicShhawt **Pcaotuegnhet d,inthaact otnhsetrucclotitohne. .hi'wished ooataiamd fast particle* wad I to assume further tnat la January 1952 k* develops* the onset of * harsh,hacking cough wfticn ai la Jaauary^iy?*^ ttd productive o a mU amount of orowniah sputua, j^oa^froa the Joo walok he was doing away froa heat and watt reared for tke doctor told hi* was grippe, that ha than returned to work *? * ** week* "ri finally aeaaed work for the Bancroft Company on Rare* 19,195* ___ an<< went to work for the Armstrong '*ompmy from March 20, 1952 to Aprl- 2 1952, that he ooatinued to do tat work of a heat and froat lasmlatioa wor fortka Armstrong Company, that he finally stopped work la April 1952 following consultation with a phyaielan becauaa of tkeaa symptome describ before, naaaly, tkortmeaa of breath.oa akertiea, pain bmlsw kit left shoulder and couch, now, attuning those faota to be true am to kit work kittory and the olttory of the onset of kit sympteme. do ymu hate an opln aa to whether or not the work this man was doing while la the employ of t A. V. Bmaag&Xt eemptxy, that would be December I?, 1950 te Kerch 19,1952* was enmM^Sjjtat fastor la producing the eabeatotie end kronekegaaie careiaoma7lzk he dled*wltaesa replied*taeuasel for Utiem objected, gam* admitted de bene. kit exaeptloca are saved) I dm* It is kin opinio* that aometlae during 1951 tali maa developed a haUgmaaey of his lung ae secondary to kit asbettotlt, the atbettotit was a faoter- in eeuting the malignancy to start, that is a* far as be can go* Ashed* dm yeu have an opinion as to whether the inhalation of dust froa iasulatlhg materials la kis work during 1951 was a factor, eggrevatlag or preelpitmtiim fheter* in the asbettotlt and thereby of the oeaaer<cbJection noted by eeuasel for Otic*,, kit exeeptlon it saved) witness replied* if he inhaled duet containing asbestos during the perled of time it would aggzmvmt* Kin condition* Asked* do you have aa opinion as to whether or net him week froa March 20,1952 up to April 25, 1952.for the Armstrong Cork ethtmap* assuming that he inhaled dust from insulating materials at his werh* including asbestos, was a faster la the asbestos It and cancer from whisk k died, witness rolled, I hare aa opinion* It is his opinion that it did not play any rolev Asked to give his reason for that opinion,witneae replied, because he had carcinoma prior to the tine and carolnea* *** the < of the death* Asked, didn't the further inhalation of the s. da. the last six weeks play any part in the aggravating or oondi- witness replied, no, - don't think so. Asked* did it play any part in pre- duelag the death at the tlse that he died,wita*ss replied* I don't think st 70 C0CTB2L' FOR TBS UTICA: Asked* you say that the '* was a long* standing chroale irritation due to the iww*i**f of fibers which yon say was an adequate oause for the cancer,witness replied, that is correct* Asiced, when you say longstanding chronic irritation, can you telide how long* witness replied, I don't think anybedysen tell you that; w# do know that one of the causative factors in the production of malignancy is a ckronlo irritating process, when that fceglns I don't think any'-My ean narrow it down aa to a week or a south, wc know that oaneer t*.. a certain leagth of tiae to develop, once it starts it depends on ca* location it depaMimn whether it can be removed or At, this man's .a-<uicer was tee advanced to remove, they took hla to the Massachusetts General and attempt* to remove it and found they could not oeeause or tne advanced stage* waan his cancer began I can't tell you because the line of demarcation between normal end abnormal ae one ever sees, I don't think anyone ean tell* Asked, 12 *22..2**'* **r Whether or not the eane-r had its inception prior to Mareh fgtoWH l4Ht<.ibaUUNawU4it i* m It* 1***10* prior to 1952 oeeeuse it was far advanced when they opened him up at the 2TSKk":i?rn.ftK: &&,!,s i^ivasLS'ifssi1^2- ssattfss.*;*** r ST-SS. ** -- -s?i i:.-sis of first comnenoed, witness replied* I would say the asbettotlt had been presen for aany years* -hat is so because of the appearance of the lungs* Asked* -16- Eothweil :dac'i/ assume that tnis man worked at the sane Job subsequent to March 2C,l?52 uy to Aprll 25, 1952, doing the sane tort c? tiling that he had done between : period of 3ecber 1950 to March 20,1952, do you hare an opinion a j to wh or not the wot* subsequent to March 20,1952 would he detrimental to hi*, BATlng in ala* the fact* that it was jour opinion at mat tlae ne a^d,first asbestoal* aad,aeoond,caaeer (counsel for Traveler* stated chat tn- doctor has alreadj answered the question) witness replied, here's a aan wuo by 1952 was doomed to death from his aalignanoy, his aallgnanoj was cen far advanoed, I doubt the inhalation of anything further accelerated tns growt of his avLignaaoy* Asked, do jou haw# an opinion as to whether or not wort during taat period of tlae was dethlaeatal to hla (objection notec by oouanel for Travelers, doctor allowed to viewer the question) witness replied, there are certain patients with aalignanoy that you advise oontir ulag their Job and working until the day they die, there are o:ur patienwho completely collapse once you tell then they have aallgnanoj snd never return to work, I don't Chink the work factor plays much of a rcl.<: m tie advancement of malignant disease* Asked, the malignant diseasd -u iggran was it not, by the inhalation of asbestos after fee patl glint diier . a sad started in his system,was it aggravated by the asbestos dust, in ;---,up opialom,witness replied, I think that omce his aalignanay began, : \z for period of possibly four or five or six months following the beg' .. .n; of his malignancy he alght have accelerated the growth a little bit inhaling more of the factor that was one of the eaasatiTe agent? ,, . hid malignant condition, the malignancy oaae it started was not agg-. *. :;i auoh by the further inhalntlon of asbestos, that is in and of it*in substance it's not known to oause death per se* Asked, aabeston*,itnass replied, yes* Asked, but your answer was that it was not aggravu.o. very much, witness replied, I don't think it was aggravated very such b his work after his malignancy started. Asked, but It might have been e.'^ravate somewhat,witness replied, slightly* TO COUNSEL POE TSAYELSES:Asked, did I understand you to e-.y in your opinion the man's work froa March 20th until the date he finally itn work, such asbestos as he might have inhaled, if any, played no ...... _j either the aggravation or acceleration of the disease nor did it .ng aba his death sooner than it otherwise would have oooorred, is that a c-.r-.-rw* staceaent,witness replied, that is eorreet* ** IM3 t*t****M*H*MH**** Counsel for Trasalers aade a motion the claim again*r t'tt^ '.* dismissed* The motion was taken under advisement. Counsel for claimant requested the Autopsy Se^ort .. 1952 - Unit Number 778205 - be made part of this record. This i by reference and may be found in the Board file* The aaatoalo dia*r.- report thereon are: Bronchogenle adenoearelnoma, left lower lobe with sjctensloa te left upper lobe, heart,pleura,diaphragm,and retroperitoneal tiseue c.i left and aetastases to right lung, adrenals, kidneys, and hilar, r.-d'. -v .. left supraclavicular and para-aortic lymph nodes; Asbestosia wit . pulmonary fibrosis; Hepatic congestion, moderate; Pericarditis, fibr .:us, Pleuricis, right; Pleura effusion, right (800 oc.); (Pulmonary ostec /throp fingers, slid)* *<****<*****MMt*MM********* -17 Sothwell (dec'd) HEM3S3'S 35CISI0M This hearing was held to determine whether the esployee suffer a personal injury arising out of and In the course of his employment and If so, whether his death was causally related to said Injury, The clala was brought against two insurers - Utica Mutual Cas-u Company which cohered, the A, . 3ancroft Coapany and Travelers Insurance Company which covered the Armstrong Cork Company* The employee worked for the A, V. Bancroft Company from December 17, 1950 to March 19# 1952 and he worked for the Armstrong Cork- Company from March 20, 1952 to April 25, 1952# There is evldenoe in this record upon which. I find \t this ^6-year old decedent, with a 29-year work history as an msbesc.' . worker, was last employed ms a pipe cutter, and.heat and frost Insult...1 for the two aforementioned companies# This work with the two insured .,rms entailed the handling and installation of asbestos la the covau-ng of pipes and also as an Insulator against heat and frost,in various forma and under various conditions# There is evidence upon which I find that the decedents work exposed hia to the Inhalation of asbestos divr . find ha did inhaia these particles# It is also a fair and reasonable inference--and I so Infer--that asbestosis is a disease 'contracted o;_iy by people w'-- "re \ to the inhalation of asbestos fiber* in their work. It is common knc-.r.sdge th-rt persons who are not so exposed do not suffer from this pro^rs-: ' > dlaeaa* for which there is no known cuiv. There is additional evidence that the employee .died . . December 1952 and the further evidence upon which I find that death was due to bronchogenic carcincaa, secondary to asbestosis, I accept and adopt the opinion of Dr, Harriet L, Hard, . .uular whose supervision the decedent wag treated during hi . ,-r.tirs pe^ -.d of nospitailzation and wno naa an opportunity to review the entlr: topay protocol and who saw some of the pathological aaterlal In connection with the autopsy. Dr. Hardy testified--and I so find--the work the d. . .dent -18. Rothwell performed as * ?'.? cutter and heat and frost Insulator and the disease : resulted In nla death 'fall In together*. I accept and adopt the opinion of Dr. James Stewart Rooney, a pathologist, wr.c testified 'that soaetlae during 1951 (when he was work in. for A. V, Bancroft Company) this nan developed a aaltgnancy of his lung a.secondary to his asoestosls, the asbestosls was a factor In causing the malignancy to start*1 I find, therefore, that the asbestos dust which the eaployee inhaled at his work resulted In asbestosls. this, I find, constitutes a personal Injury arising out of and In the course of his employment; I find further that the asbestosls caused a lung malignancy which resulted In his death on Deoeaber 3, 1952. The fibers that caused the cancer whleh producat the death of th eaployee had been in the eaployee*s lungs auch longer than a year In the opinion of Dr. Hardy. "That Is a fair statement,* Dr. Hardy testified, adding, "that seeas certainly aore than llkel/* and I so find. This considered aedlcal opinion v/ould certainly relieve the last Insurer of any responsibility for the payment of compensation since it waa in the year of his death that the employee comn---..ced work fof the second Insured* This oplnlqn, too, Is shared by Dr. Rooney* He testified, and I s find, that "the man's work from March 20 until the date he finally stopped work, such asbestos as he night have inhaled, If any, played no part la either the aggravation or acceleration of the diseases nor did '.r bring about his death soonmr than It ochcr.rise would have occurred," Dr. Rooney,who is prominent In the field of pathology and whose qualifications were admitted here, testified it Is his opinion the cancer started "subsequent to 1950. * * I would say probably 1951 from the description of the cancer." I accept and adopt Dr.Rooney's opinion and so find. The decedent was in the employ of the A. W, Bancroft Company, the first insured, tnroughout all 1951. I find, therefore, that the industrial Injury which resulted in a lung cancer and caused the employee's death Is causally related to his -19 Sothwe-1 --es'l! employment with tne A.W. 3ancroft Company, covered by the Utio.-. Mutual Casualty Company. There is evidence In the record that the employee's last work*, day was April 25, 1952* Between the cessation of his employment and his death he was three times confined to the hospital and In add it. on to these three confinements received out-patient care. There is no evidence to the contrary and so I iafe? and find that the eapioyee was' totally Incapacitated for work between Atril 26,1? and Deoember 2, L952 due to the aforementioned compensable ir." -,'trial Injury, namely lung cancer. The Utica Mutual Casualty Co..;- direct* to pay total incapacity compensation for the above-mentioned p-jrlod, at the rate of 520.00 * week, plus $15.00 a week for depend..:.. -.In th* total sum of $1^20.71*(Se* Atamlan's Case, 265 Mass. 51) The Utica Mutual Casualty Company is further direct.! to pay the claimant widow the sum of $20.00 weekly dependency compensation, frt December 2, 1952 to dace and continuing, subject tt th:.- . ; of t> Act. The sum of $905.71 is due to the filing date of this decision* The Utica Mutual Casualty Company is also direct'd t.- the claimant wide-- sum of $25,00 weekly dependen: ; taac.. . . for the care and support of five minor children in accordance . ......... provision of the Act. The sum of $1122.14 is due In weekly compensation benefits for the children to the filing date of this decisicu. The total sum due the claimant widow ur.de r this d . :ion to th filing date, October 16, 1952, is $3^5fi,55 which the Uti. . ` Company is directed to pay forthwith. The Utica Mutual Casualty Company is also directed t 2 pay the claimant widow the additional sum of 9200.00 under Section 23 -f the Act The Utica Mutual Casualty Company la ordered to ral... ;he payme of $500.00 to the State Treasury in accordance with Section . v the A I find equity and Justice required the testimony of . tors Ha and Rooney and they are each entitled to $$0,00 under th* p. . . '-t of Section 9A of the Act. -20 Eothwell tdec'd) The claim against the Travelers Insurance Coapaay ia --reoy denied and dismissed. HUGH J. <0I2EN' W,INDUSTRIAL ACCIDENT fcy hi rr SECRETARY /, -21. 23695 * 23696 EPD/emg WORKMEN'S COMPENSATION ACT INDUSTRIAL ACCIDENT 30ARD Boston, Massachusetts Richard J. Rothwell (dec'd) A. ff. Bancroft Company Utica Mutual Casualty Company Employee . Employer Insurer Armstrong Cork Company Travelers Insurance Company Employer Insurer FINDINGS AND DECISION OF T3E REVIEWING BOARD The Utica Mutual Casualty Company, having filed a claim for review, the within-named Reviewing Board heard the parties at Boston, Massachusetts, on Monday, December 14, 1953* PRESENT: Miss Ricks (presiding), Messrs. D'Agostlnand Kolofollas. APPEARANCES: Laurence Locke, Esquire, for the claimant. A. J. McLaughlin, Esquire, for Utica Mutu ' Casualty Company, . Robert Plunkett, Esquire, for Travelers Insurance Company. ISSUES: As stated in the report of the single Member. The report and decision of the single Member and this report and decision of the Reviewing Board contain the evideaee and cona~ tute the record. Counsel for the parties agreed to proceed before a Reviewing Board of three Members, notwithstanding a leng continued practice of constituting Reviewing Boards of not less than five lentoera in f*tii ecus-. Counsel for the Utica Mutual Casualty Company presented to the Reviewing Board a "MOTION TO STRIKE" reading as follows:- * MO-ION TO STRIKE Now comes the Utica Mutual Insurance Company, insurer of the A. W. Bancroft Co., and moves that the "Claimants Memorandum of Law" be stricken from the record on the ground that no leave was given by the reviewing board under Rule 5 No. 5 to file briefs late. By its attorneys, (sgd) Arthur J. McLaughlin Darling & McLaughlin The Reviewing Board find it not necessary to pass on the above quoted motion other than to comment that the- "Claimants Memorandum of Law" referred to therein while in the nature of a "Brief"-though not so styled, is not part of "the record"; the Utica Mutual Casualty Company ought not to be heard to complain since it had equal opportunlt with the claimant to fixe brief seasonably, or thereaflex* aj. allowed in the discretion of the Reviewing 3oard. 23695 * 23696 Rothwell -2- Counsel for -he Utica Mutual Casualty Company presented to -.-a Reviewing Board "Exceptions to Rulings relied on by the Utica Mv. :.;al Casualty Company" and this paper is made part of this record by reference. The Reviewing Board sustain the Rulings of the single Memov in relation to the admission or exclusion of evidence, in each a: every particular to which the exceptions of the Utica Mutual Ca. Company referred. .. :j The Reviewing Board, on consideration of all the material evidence, affirm and adopt the findings and rulings of the slngl Member, excepting those relating to incapacity and dependency compen sation and the rates and awards fixed in relation thereto, as se ' forth in the first four paragraphs on page 20 of the single Memo., -`s decision, and in place of which the Reviewing Board find and <d.>-. .ha* as follows;- The Reviewing Board find that the employee's death on Pecc-. . 3, 1952, was causally related to a personal Injury, to<t, asbes : U and bronchogenic carcinoma, resulting from exposure to and inb&l . -.on of asbestos fibers in the service of the A. V, Bancroft Company . later than March 19, 1952, cm which datetve fiad^the employee's injury to have been received and which injury caused him to be totally incapacitated for work from April 25, 1952, until his d* . therefrom on December 3, 1952, aa stated. The Reviewing Board find that the claimant wldmtr is eaSitl...-; 'o receive from the Utica Mutual Casualty Coapemy, for her own use r- . benefit, and the benefit of the five depends! children of the cl '.-wan and the deceased employee, weekly dependency compensation at the r.;* of $1^5* dating from April 25, 1952, and continuing, subject to th> provisions of the Act. The amount of such compensation <*" ' "d to the claimant widow to April 23, i* $J4.,630, wt.:.. . 13 ordered to pay to her forthwith. The1 Reviewing Board order further that said insurer pay to t'.v^ claimant widow the sum of $300 toward the reasonable exp*^- ' of '-.'.rial of the deceased employee pursuant to the provisions of 0. l, Chapter 152, section 33, as amended. The Reviewing Board, acting pursuant to the provisions of C. . , C. 152, section 10, as amended by C. 208 of the Acts of 1" 0, asthe costs to the injured employee of this review inciudi: , .-viaor . counsel fee, against the Utica Mutual Casualty Company in :he su-t. $75, and order that the Utica Mutual Casualty Company make paymtn' ^ therefor by check payable jointly to Helen V. Rothwell, the claimant, and Laurence Locke, Esquire, her attorney, and mailed directly to ~:e claimant. The Reviewing Board order further that said insurer pay fees c* $50 each to James Stewart Rooney, M. D., and Harriet L. Hardy, M. Z., pursuant to the provisions of G. L., Chapter 152, section 9A, as amended. 23655 4 Both well -3 Tie Reviewing Board order lurcher chat said insurer pay the sum of 5500 into the special fund in the custody of the State Treasurer pursuant to the provisions of 3. L. Chapter ip2, section 65H, sending check in payment therefor to the Industrial Accident Board, Attention of its Bookkeeper, to enable deposit of said sum ia said fund through fiscal records. The Reviewing Board dismiss the claim made as against the Travelers Insurance Company. INDUSTRIAL ACCIDENT BOARD // secretary