Document 28MEDMmMa8r56d3e4oLVOgva

Ba u m & Mu f f o l o At t o r n e y s a t La w Ric h a r d W. Ba u m Sa md e l J Ru f f o l o February 17th, 1982 Su it e 610 160 No r t h La Sa l l e St r e e t Ch ic a g o , Il l in o is 60001 (312) 720 - 1905 Mr. Steve Borgstrom Workmen's Compensation Service Company 55 W. 22nd Street Suite #109 Lombard, Illinois 60148 RE: -v- Sherwin Williams File # 82 OD 0034 Our file # A-0422 r ed ac t ed Dear Steve: I acknowledge receipt of this file and note that this is an occupational disease case and I am filing Co-Counsel Appearances on your behalf. I note that this is an occupational disease case alleging the last date of exposure of 1-30-81. apparently is 63 years old and worked for Sherwin Williams Company from 1945 until 1981 when he took his pension on February 28, 1981. You will note that the Application for Adjustment of Claim alleges a permanent total disability and it could well be that this individual will die before this litigation is over at which point this could become a death case. It is clear that > worked as a set-up filler, a filler and a packer and capper. It appears from those job descriptions that he would be exposed to paint fumes. He began having lung problems sometime ago and in 1956 was diagnoised as having bronchitis and the flu by Dr. Louis Feldman at 7261 Exchange Avenue. He had another incident of the same condition in 1968 and in 1969 was diagnoised as having the flu syndrome by Dr. R. J. Craven at 9790 S. Kedzie in Evergreen Park, Illinois 60642. RECEIVED Xfc , MAR 03 1982. Corp.,RisKMgmt. Mr. Steve Borgstrom February 17th, 1982 Page 2. RE: -v- Sherwin Williams More recently he was admitted to Little Company of Mary Hospital from November 19th, 1981 to December 17th, 1981. He has treated variously by Dr. John Baron, 3319 W. 95th Street, Evergreen Park, Illinois 60642, Dr. Pushpa Shah, 10325 S. Western Avenue, Chicago, Illinois 60643 and Dr. Manuel Yu, 10325 S. Western Avenue, Chicago, Illinois 60643. His treatment included an oncology or cancer evaluation and exploratory thorectomy, right multiple biopsy for lung tumor, a fiber optic bronchoscopy and mediastonoscopy. He apparently was put under group insurance with Provident Washington Insurance Company. By way of investigation, please obtain any records which are still available, namely 1) Dr. Louis Feldman, 2) Dr. R. J. Craven, 3) Dr. John Baron, 4) Dr. Pushpa Shah, 5) Dr. Manuel Yu, and 6) Little Company of Mary Hospital records. Also, by way of investigation, if j received long-term group disability benefits, please advise me of the amount and number of weeks of payment so that we may obtain a credit when we go to hearing on this matter. Also, in that regard, did he or his doctor's sign group insurance forms admitting that his condition did not arise out of his employ ment . In my initial phone conversation with attorney Wiedner after I received a call from you on January 29th, 1983* and also in a conference had at the Industrial Commission on February 11th, 1982, I learned that is apparently suffering of mesothelioma and that he is approaching the terminal stages, meaning, in Mr. Wiedner's opinion, he will die soon. 0007-SWP-005 802544 CONFIDENTIAL Mr. Steve Bor^strom February 17th, 1982 Page 3. RE: __ -v- Sherwin Williams REDACTED This is a somewhat rare condition of the mesotheliallining surfaces which form cancerous tumors and is generally associated with asbestos exposure. Unfortunately, the limited research I have done, indicates that the exposure could have been many years prior and of short duration and could still lead to this condition. I believe your investigation should concentrate on that angle and it will probably be necessary to confer with a long employed chemist with our insured to determine if there were times during Mr. s work history when Sherwin Williams used asbestos in some of their paint compositions. The next link in your investigation would be to attempt to show that Mr. was not exposed to such asbestos even if it were used at different times during the manufacturing process from 1945 to 1981. One of the unfortunate problems that we will have with this case is that > apparently was such a long term employee that it will be hard to allege he had exposure at some other occupation. Please be well advised that Mr. Wiedner is an extremely competitent workmen's compensation attorney who has been practicing for a good number of years and who has authored many articles in legal journals about workmen's compensation and also has edited the workmen's comp newsletter for a good number of years. We therefore have a skillful and knowledgable opponent to deal with and I believe we will need a full investigative work-up to defeat this claim. Unfortunately, we are also going to be under certain time pressures because of the fast approaching death of However, I would not begin your investigation until we can confirm the medical diagnosis through the doctor and hospital records. At that point I would give it a full work-up from the asbestos angle first and then any other potential exposures along those lines. Very truly yours. RWB/ppm Richard W. Baum 0007-SWP-005802545 CONFIDENTIAL