Document 1Qr4QL9RRXnMpEpvLOn2vvK9Z

r owfns coniviiNG fibergias EXHIBIT f'" ioc- intra-compa iy correspondence to 0. M. Phillips - T/2 6 from C . 0 . ;a 11 ender T/26 date Octobe 1980 subject ASBESTOS RELATED WORKER'S COMPENSATION CASES Prior to May, 1979, OCF maintained that it had no knowledge of any Worker's Compensation claims that may have been filed in the Pacific Coast Division prior to 1967. Lou Saxby testified that he startea in the Pacific Coast Division in the Contract area ana was there during the '50s and later moved to Detroit. He inGicated that had there been Worker's Compensation cases filed during the time he was on the West Coast alleging asbestosis or asbestos-related injuries, he would have been aware of them. Documents discovered by reviewinq the Willis Day files and other areas show the first Worker's Condensation casa. specifically involving Kaylo was in 1966. In May, 1979, some Worker's Compensation files were discovered by a plaintiff's attorney. Those Worker's Compensation cases numbered 51 and most of the cases were filed in California-. Those files which were certified records of th Bureau of Worker's Compensation in the various states disclosed that OCF was named as a defendant in 24 cases. The only correspondence in any of the files involving OCF was in Irvey 0. McCarroll's file. In that file there was a letter from C. L. Flowers, Office Manager, Fiberglas Engineering Supply Division, Telegraph Road, Los Angeles California, to a Mr. John Andres of the Los Angeles, California Aetna office. This particular letter indicates that the claimant was never employed by Fiberglas Engineering Supply. There were in two other files, Groenthal and Curtis, in which OCF was very much involved in the BWC litigation. A further review was conducted in which the Law Department was told that no Worker's Compensation files existed in Santa Clara nor did they exist in the Contract Units of the Pacific Coast Division. This reaffirmed a belief that OCF was not aware of the fact that Worker's Compensation cases involving asbestosis claims had been filed against OCF. During a trip to the Los Angeles Contract i Supply Division, an interview was held with Joe Smolich who indicated that he was, in fact, aware of Worker's Compensation cases filed against OCF alleging asbestos-related claims as early as 1955 to 1960. However, there was still no aocumentation to substantiate Mr. Smollch's recollection. ^puSntiffs l| EXHIBIT |1 wv-ae/std 33 104 1339 CLAIMI PRIVII BY OCI 2- In a recant trip to the Santa Clara plant, a preliminary review was conaucted of Law Department files located in tne storage area aDove the Santa Clara plan. In those files was a file entitlco "Workmen's Compensation 19o2-1967." That file contained at least five files tnat were in the initial list of Worker's Compensation cases discovered by the plaintiff's attorney. That file also contained various corresponaence from Law Department personnel in Santa Ciara in the early 19GQs. That correspondence indicates that there were, in fact, asoestosis related Worker's Compensation claims, as well as specific claims for lung cancer. That file also contained information aiirecteo to Toleao regarding asbestos-related Worker's Compensation claims. The earliest claim filed that was founc in Santa Clara was a claim of a James Whitcomb Riley which was filed in 1957, but the earliest document in the file for OCF i s 1 9 s 9. 33 104 1340 f i M f i .tro M d t u t c o o dM bo u, od m eo o t r A p io Cl d ou . rt Ord OSDC toor . roproouc o in M tf i*M* :ar or d t i Cuo.n lio o trio u t o o o d t C io o orona l U fO scopt ro in o t i o n , occordooe* w ith tn to C ourt** ordor. ' ; cla-IME .prxvii BY OCI v'.-------- -- CDC :1 cc :C1-R i 33 104 1341