Document 3JD00Y08vkoK96vYr8XKbpyBx

FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1966 DOC#: IWC052 DOCUMENT DESCRIPTION: Claimant - Peutz, Henry [From J-M Archive] File Name Contract Unit ClaimFile: HenryPeutzJul.22/66; AmendedJan. 9/68 Scanned ? yes Source JMA: NS-JM Start Year 1966 Stop Year 1968 Contents claim Notes ( A N T IO C H C O M M U N IT Y Antioch, C a lif. H O S P IT A L DEPARTM ENT O F R A D IO LO G Y MARSHAL! . TUCKtR. M.D. RodielogiM R A D IO G R A P H IC R EPO R T RECEIVED DEC 5 1E53 FILED C lv iitsn of Mduif*ol A ttid tA U OAKLAND 0^flC6 EX A M IN A T IO N ^ h it. S P I.h D , C H E S T DATE, 2 - 2 7 - S k IN PA TIEN T-Q U X*.-: O U TPA TIEN T DOCTOR D o w e ll IN DUSTRIAL . X-RAY N O ..S o t 6 5 NAM E: l'U T H Z : H e n r y ACE: 6 'ill.? v e r t e b r a l b o d i e s of. t h e c e r v i c a l , r p i n e a e t' n o r n . i l i n o u t l i n e ml i:.y an:1 w ith o u t evidence of f r a c t u r e , bone d e s t r u c t i o n or p a r a v e r t e b r a l 1 .: . The n l i; : n v c * n t rae.-.s n o m o l . Sot.e n . i r r o t - i n r of ' l u t e y'jr r t e b r . i l s p a c i n j mv:.*; p r u r e n t : t h r o u g h o u t b u t p o r t i ul.-.r1v a t !> .ind t>. Tin'", is cone a n t e r i o r r.iu*. l a t e r a l o r .t c o p i v /t c o ic w it io u . The p e d i c l e ? : s e e n n o r a n L . So-...4, p o s t e r i o r o s t e o p h y t e or:- a t i o n i o pre . n i t on t h e l e f t a t S and 6 and or. t h e r i ^ h t a t t h e a.-aic 1. v e i n . iu.- r e l n t L o n t h l p o f Cl a n d 2 throin-.h t .. 0 r a n :.:outh s e e _' .jrr .i l . Tlin npof-h; o r a l joint.*; a r e n o t re n-.ar/.abl^. St^.u d e g e n e r a t i v e c h a n/ e r. iit'c pri*;.r'i'.t a oow t Luc c o v e r t * - b r . i l j O t n e a . l i a n s v e t a v . pc3t*. rc o : . , ei-c n o r m a l . Vo c e r v i c a l r i d i s p r e s e n t . ' 1 ,:d :1 V!: D e g e n e r a t i v e o r t r oa r t h r i t i c c h a r g e s w i t h i n t e r v e r t e b r a l disc thiuuinr. The cl.-r :.t i r. eye: w t r J c . * l , t h e di :rhr is norr.val, the angles are c l e a r . The h e a r t an*' a o r t a , t he h i ) t " : i.'cdiastini'.M and ti'.e Lr.ich.-.t M,',4 j o t r< n a r k a b l e . b o t h lune; j ie Ids oho-,.- a fine, cli f fuse ihori-.v.r in t h e ir-; i , p a r t Lev: 1 r.vly i n the lo.-vr hall with ce-all nodular den* s i t i e . The bony s t r u c t u r e ' . ' : a,:**: n o t t c n i o r l - a b l o . ' ] ; : r Y \ ; . ' 0 j h : B i l a t e r a l c1i r.e a : . S in c e t h i s p i t i e n t works w i t h a r b o s t o s , 1 e-a;.:j.):'.,` t h a t t h i s i r. t he *4o t l i k e l y d i c . ^ n o e i s . h o s p c c t f u l ly Eul>:*i.tted, p .- a - .i n U l. . T u c k e r , M.D. I.., l i o l . \ l i : t ( ( received k o 5 I3S8 F IL r D HISTORY February 2 7, 196^ PATIENT: HENRY FUETZ . PHYSICIAN: R. 3 . DOViELL, M .D. * . CHIEF COMPLAINT: A uto a c c id d n t . PRESENT ILLNESS: P a t i e n t f a i l e d t o make a c u r v e in h io a u to m o b ile w h ile d r i v i n g and r o l l e d h io v e h i c l e . He w as n o t w e a r in g a s e a t b e l t , was n o t thrown from th e ca r but d oes n o t know e x a c tly what or where he str u c k in th e m ach in e. H is c h ie f complaintG are c o r e - n co s in th e n eck and d i f f i c u l t y b r e a th in g . He was exam in ed in th e em ergency room , x - r a y s w ere o r d e r ed and a d m is s io n a r r a n g e d f o l l o w i n g t h e s e p r o c e d u r e s . He had n o t b e e n u n c o n sc io u s. ' PAST HISTORY; P a t i e n t h a s s i g n i f i c a n t s i l i c o s i s and emphysema and i s u n d er t r e a t m e n t f o r t h e s e by a c h e s t s p e c i a l i s t in O aklan d. He h a s had h y p e r t e n s i o n and i s u n d er t r e a t m e n t . He r e c e n t l y saw a p h y s ic ia n in C o a lin g a f o r chest* c o n g e s tio n f o r w hich he was on t r i su lfarain ic. . PHYSICAL E)CAM: T h is i s an a l e r t , w e l l d e v e lo p e d , w e l l n o u r is h e d , w h it e m ale in m o d e ra te d i s t r e s s . He h o ld s h i s n eck f ir m ly t o t h e g u c r n c y . No s m e l l o f a l c o h o l i s d e t e c t e d . He s t a t e s h i s f a c e i s ruddy and red ac u c u a l. No bony a b n o r m a lit ie s . P u n ils are round, reg u la r, sm all but react to lig h t THROATt k HECK: CHEST: LUNGS: HART: ten d ern ess. Normal ad u lt m ale. Not done. DTA p r e s e n t t r e m i t i r r. an t r e i : i i t ic.r, . sk i or Hoffman. inju ry to the neck, not w hiplash mphysenva, s i l i c o s i s w ith in tc r c u r - " AN F r a n c h c q O f f ic i 4 4 4 MaAKCT STRUT S a n F r a n c is c o 04111 S an J q ik O f f ic i 1871 Th i A lamcoa S an J o sk. C a l if . 99120 CAW O FFICIO OF Hanna a B rophy 1S40 S an Pablo A v in u i OAKLAND. CALIFORNIA OASIS PhonI j 032-880 November 2 9 , I960 S iit i /VED F .I.W O P m e 8 0 0 O i l W r i Cinti* P *i * no. C a li* 03721 . * 1' S acnaminto O r n n 020 J Str u t Oa c r a h in t O - C a. 0 0 0 1 4 . T~-r-r <* ^ Lo A N O tc i O r t e t -, 2 0 8 S outh S *o* ow*v Lo AMOSi**. C a . 9 0 0 1 2 - fter; i o s s D r. Joseph D. C oate 2 9 7 6 Summit S t r e e t O akland, C a. 9U609 -*& b Ho: H enry C . P u s t r v s . P h ilip C asey M fg. C o ., e t a l C a so N o , 6 OAE 2 0 6 6 8 / ( ( \ ALEXANDER S. KEENAN ATTORNEY AT law SUITE 700 220 BUSH STREET SAN FRANCISCO. CALIFORNIA 9*104 YUKON 6-1589 December 4, 1968 RECEIVE DEC o 1258 != I L " O '" ''aw * :' Workmen's Compensation Appeals Board 1111 Jackson Street Oakland, California Attention: Referee Hickman Re: Henry C. Puetz vs. Philip Carey Mfg. Co., et al, General Accident Fire and Life Assurance Corp., Ltd., et al WCAB No. 66 OAK 20668 Dear Referee Hickman: This letter is filed pursuant to m y request to note to Tn } 6i t e 5 f o rm > t h o s e p a r t s o f D r ? C r L i t z ' s r l c o ^ d s th a t I w ish ad m itted in to e v id e n c e . records ofuthis letter is, therefore, to call your C those.records which show that the applicant suffered from cervical and lumbar problems which may account for part of his disabilityPtoday ; J show the early discovery of Mr. Puetz's lung condition? PleaSG find attached to this letter copies of certain documents contained in Dr. Crantz's records. Very truly yours, ASK:bh Attachments y - / i . Alexander S. Keenan cc: State Compensation Ins. Fund Sedgwick, Detert, Moran & Arnold Brobeck, Phleger & Harrison % Norman Hays Hanna and Brophy John Wilkes Smith, Parrish, Paduck & Clancy Industrial Indemnity Company ( C Re c e i v e c r, ........... :re i:`:'J r--c=.--Vo BES 5 1338 . avif j , L E D STANDAR -- -- s____________ TOi........ = a c. n c t t ^ ' %{ w i a = i ,, d c r * i;{ o K u n i ta * 0 i en et ilxrjt . ^ i v ^5 -------- -- Crencv-. e a s s a 6 4 S m ^ ........ ~ ........................... t o ----------------- --------------- ( 2 ) 1! C O h-a^iy /,.. A _ i / `i , `---- `4. p.Mtteuzt p V jL"*'. *-/ - tL i c i ribJity t/ti. Uii-i ........... Cu:J ..... C b " ' ............... --.......... ~ -- . . . ........C..^..r............... ---.*. **,,,,*, V * ffinifc >w^-.M *m"\3tv-<<.*1-.-3 ,/ .fllnf-- --r ^,..v.._.._.._.._.._....*... ............. ...... .. ....... -- ATi'svur.'s f s s i s tx-^3 ..... " ' " " > ru-...},,r.:-.: ,{~'!:Y C. PET2 >' hi;,7 ( E : . ., o r v i ^ ^ . ...Z 7 .................." ........ >:Ufe production of ,,,, |i,cC,,..Il0 , .......J . . "Bi-L,vliO, ^ 'i y r . v t CSbii.. - 12.2-67 ............................... " ' .................................. .?....... 0 ) P.:.'c. (. . 1 5 - 2 0 - CG ' J. , u - c y ^ i / 2 , 29 c;<! * -a i , u . : : o , ............................ ^ , . . , oZ . . L ^ `--JC. (ur'`V u r I2?f>7 ^ eraf - . . . ~K . : .......e -p 'o q . * C. r.:_ V:_'. .........- - ............. * .... 17o--... rOt. c. V^- fV .to 7-:4 Pt'.ui . C r cns, f.D. 227..L' K z h . z t * An t i c c i i , ca. fo r B " "............. LEON LEWIS, M.D. SHELDON MARGEN, M.D. * 4 2 8 WEBSTER STREET BERKELEY. CALIFORNIA # 4 7 0 5 Phon 5 4 .2727 October 24, 1968 INTERNAL MEDICINE Smith, Parrish, Paduck and Clancy - 405 Fourteenth Street * . . Oakland, California 94612 Attention: Mr. David R. Nelson Re: PUETZ, Mr. Henry - Employer: Western Building Materials Company Gentlemen: Enclosed find a copy of the second set of pulmonary function studies done o n M r. Puetz at the Cardiovascular September 24, 1968. Research Institute, San Francisco Medical Center, on .QCa^ung volume studies are at slight variance with those reported on August 9, 360, and somewhat more favorable, since the ratio of residual volume to total lung capacity is only 45 rather than 5 6 , as previously found The second sec of stud es was particu:ari/ concerned with pulmonary diffusing capacity and, as noted there is moderate reduction of this function. The findings are characteristic of asbesrosis with moderate restrictive lung disease. In general, the laboratory data confirm the diagnosis submitted on Page 9 of our report of July 9, I968. S incerely yours, CARDIOVASCULAR RESEARCH INSTITUTE - FHVSIOlOGICAt SERVICES LAROIATflav un'*xccoS;u?'ciiSiA,o" ,o*r ROOM 1331, MOFFfTT HOSMTAl - RHONE: 4*4.1707 PULMONARY FUNCTION REPORT 9/2U6Q ' VAIJES 46? AiI V thEDi d ECR U CULA,E r O U l l U N 0 CAPAClIV AND S ID U A l VCH.UME. ON B /S iS O f AC fU M IU N G VOLUME C O v MEN'S D:o unr.orr- ted fo r hem oglobin. * Deo 71$ of predicted. i-.orc-r. ' '"\S 7 oe^ Tf!v reduced. This finding is consistent with h " '`"`A c t i o n sctoonly is seen In patient's with this .-Oh c V I-. `w .V * . C . P , Jfey A. Nade N'.D. Julius H. Comroe, Jr.,M.D. ICON (tEWIS, M. P. SHELDON MARGEN, H.O. * 4 3 8 WEBSTER STREET BERKELEY. CALIFORNIA 0 4 7 0 8 Rhone 848-2727 . F?c C E J V Q . >2 !S83 TO Smith, Parrish, Paduck and Clancy Mnancial Center Build ing /*5 Fourteenth Street Oakland, CA 94612 Attention: M r. David R. Nelson M PUSTZ, Mr, Henry TOR PROFESSIONAL SERVICES June 2 1 , )g6d: Diagnostic evaluation, opinion and report Vital capacity studies $150.00 __10 .0 0 Review of outside $ 160.00 radiographs of the chest 30.00 $190.00 X yr^o pimrc^ sdtiud:i;es.; steheerattached bill.) 2435 W EBSTER STR EET LABORATORY SUIT B . BERKELEY, CALIFORNIA 4 7 0 5 48-1891 ri, Smith, Parrish, Paduck and Clancy TO: **05 14th Street Oakland, CA 946)2 Attention: Mr. David R. Nelson Re: PUETZ, Mr. Henry . For Professional Services: Previous Balance . June 21, 1968: Complete blood count . . . 8628 . . . 6.00 Complete urinalysis . . . . 8936 . . . 3.50 i Sedimentation rate . . . . 8718 . . . .3 .5 0 Hematocrit ............................... 8681 . . . S e r o l o g y ....................................... 8675 . . . ._ 2.50 a*tc chemistry group - extended 8555 . . . 2 5 .0 0 ___ (Sugar, Cholesterol, Uric Acid, Urea nitrogen and Transaminase.) + 10 other tests Protein-bound Iodine . . . 8710 White count ond differential . . 8624 & 26 . . Partial urinalysis . . . . 8956 . . . H e m o g l o b i n ............................... 8622 . . . Electrocardiogram . . . . 9101 . . . 15.00 Master's Exercise Electrocardiogram 9104 . . . X-Rays: PA and Lateral Chest films . 7101 . . . 15.00 PA Chest (only) . . . . 7100 . . . ~ superimposed Insp iratory-explratiry 1n nn Laboratory tests (other): R E C E I V E D Total $ 80.50 p l e a s e MAKE c h e c k s p a y a b l e t o 2 4 3 5 W E B ST E R S T R E E T LA BO RATO RY H. C o r w in H i n s h a w . M. D. H o r t o n C . H i n s h a w . J r ., m . d . 4 BO SUTTER STREBT S a n F ftA N cise o , C a c if o a n ia 0 1 4 0 0 v u k o n a-7 ie O ctober 8, 1968 From: Horton C. Hinshaw* J r . , M .D . - . To: State Com pensation Insurance Fund 55 Santa Clara Oakland, California Subject: A15450 Henry C. Puetz ' 'M r'.' *r: , ( n .R ,A ' REPORT OF MEDICAL EXAMINATION Present Illness: . Patient's principal complaint is shortness of breath. He states he fir st noticed sh ortn ess of breath in 1961 and has had gradually in crea sin g ly se v er e shortn ess of breath on exertion since that tim e. The shortness of breath became severe enough so he was unable to perform h is regular work in N ovem ber of 1967 He was off work from that time until five weeks ago. This last five weeks he has been working off and on doing e a sy w ork . He s till fe e ls he i s not able to do h is regular work which requires clim bing which he is not able to do because of shortness of breath. The patient has also had a cough which began after the shortness of breath began but he does not reca ll exactly when the cough began The cough has also gradually continued to get w o rse. He states he w as hospital ized four or five tim es in the last year because of his shortness of breath. At the presen t tim e he is short of breath on clim bing six step s of s ta ir s . He is able to walk 400 to 500 fe e t on le v e l ground. He is not able to run at a ll and if he has to clim b a hill he becom es out of breath very prom ptly. His cough now bothers him m ostly at night. At night he chokes up and produces con sid erab le am ounts of thick white sputum . Som etim es he has to s it up for an hour o r two at night in ord er to c le a r out his lungs before he can go back to s le e p . He has som e cough during the day but it is not s e v e r e . He norm ally has about two co ld s p er y e a r . If he does get a cold his shortn ess of breath is w o r se . He f e e ls he m ay have d ev el oped a respiratory infection during the la st day or s o , he has had sym ptom s of in crea sed cough, sore throat and upset stom ach . He has had pain in h is ch est and * in the past when he has had bad sp ells of shortness of breath requiring hosp italiza tion, otherw ise he does not have chest pain. Lately he has developed frequent headaches. He sta tes that he f e e ls a little d izzy a ll the t im e . Last week he w a s evaluated at the University of California Hospital here in San Francisco with com plete pulmonary function studies arranged by D r. Leon L ew is. Re c e iv e d OCT 23 1968 OAKLAND LE(tfL Page 2: From: To: Subject: O ctober 8, 1968 Horton C. Hinshaw, J r . , M.D. State Com pensation Insurance Fund Henry C. Puetz System Review of Present Symptoms: G eneral Complaints - He has no c h ills or fe v e r . His m uscular strength is satisfactory. He has gained ten pounds in the la st th ree y e a r s . C ardio-resp iratory Symptoms - See presen t illn e s s . He has not coughed up any blood. He notices wheezing esp ecia lly at night, som etim es this w ill wake him up. He has no anginal p ain s, palpitations or ed em a. G astro-intestinal Symptoms - His appetite has dim inished. He has no abdominal pain or indigestion. Bowels are regular. . G enito-urinary Symptoms - No urinary frequency or n octuria. No paii* o r burning. E y e s, E a r s, N ose, Throat - He w ears g la s s e s . H is hearing has been dim inished for a long tim e. Neurom uscular - No back pain, arthritis or rheum atism . Personal History: The patient used to smoke several cigars a day and an occasional cigarette until he quit en tirely about 1961. He has n ever been a regular cigarette sm ok er and has never sm oked h eavily. He u se s alcoh ol only o c ca sio n a lly . He has been m arried for nineteen years to his second w ife. Fam ily History: His m other is age 86 living and w e ll. His father died at age 49 o f pneum onia. He has sev en brothers and three s is t e r s livin g and w e ll. He knows of no lung d isea se in the fam ily and no other significant fam ilial d isea se tendencies. Past Medical History: His gen eral health has alw ays been good. He had a goiter operation about 1932 and a hernia operation in 1957. He has never had pneum onia, p le u r isy , jaundice, liv er d ise a se , rheum atic fev er, m alaria, known a lle r g ie s, hay fev e r , asthm a or known heart d ise a se . He states he has had high blood p ressu re for about s ix to seven y e a r s . He has been told it is not s e v e r e . He takes m edication for th is . M edications: He takes high blood p r e ssu re m ed icin e, one tablet a day. regular medication. O therw ise, he takes no Occupational History: The patient has worked as an asbestos worker for forty years beginning in 1928. During this time he worked steadily at this trade. This involved working with all * types of insulating m aterials including a sb estos. During the early years of his em ploym ent a sb e sto s w as used a lm ost e x c lu siv e ly . He sta te s that fib e r g la ss and m ineral wool began being used in 1941 and has been u sed in in crea sin g am ounts since that tim e, b u t lie has c o n tin u e d to use som e asb estos a ll along. He has done a ll types o f i n s u l a t i n g w o r k a n d u s e d a ll types o f m a te r ia ls during the tim e he has w orked. He w o u ld usually bo r e q u i r e d to cut the m aterial that he is using and at tim es would be Page 3: From: To: Subject: O ctober 8, 1968 Horton C. Hinshaw, J r . , M.D. State Com pensation Insurance Fund Henry C. Puetz Occupational History con't: exposed to quite dusty conditions Th umv.ir , , involves applying styrofoam insulation to pipes lo t PreSent time his current employment. P P ' He ^ not usinS asbestos in * Physical Examination: T - " o'/9r d6Vel0Ped W U TM d Pulse - 80 and regular. Height - 69 in ch es. Weight -1 6 2 pounds. . - acute distress No" ' Throat - N a W l o a u t abnorm alities found Lymph Nodes - No enlarged lymph nodes are fe lt. ' wheezes are heard. n in ten sity and quality. No r a le s o r A ^ , I ,, NOtN ntoi Sed' Rhythm Is regular- N murmurs are heard EMremrn ' N abdor"inal m a sses- orSans or tenderness. ' c l u h Z g f , the f L ^ r 1 V6SSeIS S d - iS -- There is m oderate E lectrocard iogram : A uricular Rate 75, V entricular Rate 75 r w v ,TM, t T W aves norm al, P -R Interval 0.15, Q -R -s Interval 0 07 s 't * ^ S/ nUS\ Position sem i vertical. Electrical ^ TOS yo b m t o r "T h e r lthe CheSt: f tereosoPio P A . expiration PA and lateral view s ^ ,, m rstu r" "t L T T thr Ugh0Ut ^ motion. Previous t i m T Z mm' .`r v e ^ - in Z ^ Z if C O N C H O ? i h0WS i urther in crea se * i "t e ia i" a l flbr" isP WlM" m - f tf la s ^ tea r? " Z interStW al fib r o s ls " ich has gradually in creased over* } a rs. The appearance is consistent with a sb esto sis. Page 4: From: To: Subject: O ctober 8, 1968 Horton C. Hinshaw, J r . , M.D. State Compensation Insurance Fund Henry C. Puetz Pulmonary Function Studies: Predicted Observed Maximal expiratory flow rate Vital capacity in one second Three seconds Total %Vital capacity in one second 300 2.95 . 3.92 75% 165 2.00 2.57 2.80 71% INTERPRETATION: T his study shows evidence of m oderate 4> There is no significant degree of obstructive airw ay d isea se . restrictiv e abnorm ality. D iscu ssion : ^ * gener'lliz e d in te r stitia l f ib r o s is . H is w hole p ictu re l s eBtirelv consistent with asb estosis and considering the patient's occupational exposure it is y opinion that this patient does have asb esto sis and that this is the cause of h is '' f,m S* s W toins of rather s e v ere sh o rtn ess of breath on e x e rtio n . The pulm onary Itoorm art ^ 1 ^ d " * accu ratel-v m ea s^ the d egree of f L c t i o ^ T abnormality m a disease process of this so rt. The patient has had com plete studies odff ttMhis sthuhdyUncalVnTbe itoybtafinCeadl.ifornia and 1 would " ke to rev iew th eir find^ings C ocoppiieess From the patient's sym ptom s, however, his disease is severe and causes severe verv m uch P , yS1Cal He is n t able to do any w ork which would require olim hZ i , W" a l physldal effort could n` d" " y work which required clim bing or sustained physical exertion. This patient's asb estosis was gradually acquired over the many years that he has been working with asb estos and exposed to asbestos dust. Exposure to insulating m aterials not containing asb estos have not had any effect on h is pulmonary problem . There is no sp ecific treatm ent fo r his condition although he m ay w ell require m ed ical attention and treatm ent for som e sym ptom atic r e lie f of the a sso cia ted cough and expectoration and would also probably require treatm ent of an intensive sort for resp iratory tract infections. He should avoid any further exposure to a sb esto s dust in the future. Very truly yours, HCH/sw > J. . Horton C. Hinshaw, J r . , M. D. LEON LEWIS, M.D. SHELDON MARGEN. M.D. 2 4 3 9 WEBSTER STREET BERKELEY CALIFORNIA # 4 7 0 3 PHONt 3 4 8 -2 7 2 7 August 20, 1968 INTERNAL MEOICINE 4 RECEIVED 2 1 1368 Smith, Parrish, Paduck and Clancy A05 Fourteenth Street Oakland, California 94612 Attention: Mr. David R. Nelson Re: PUET2, Mr. Henry ----- grcployer: Western Building Materials Com pany Gentlemen: Enclosed please find copies of the pulmonary function report of studies n*rfrm-w v on Hr. Pu.t* on AU?,,st ?. 1968, .t th. C r d L o i c l . r ?ST University of California Medical Center, San Francisco. tUt* o f the n C ^ i nuatin Sheet 3 serve adequately to complete the report previously submitted by our office. Even though the pulmonary diffusing capacity test was Y " j; : f t? : V n; !" " ? r o M " V be rr ated b* t h ` p e n a r y 3s L " oI!TM f ''ctiwe reported eh.rt.rl,,lc of 1 Sincerely yours, Leon Lewis, M. D. LL :ik f \; uN'T __ p v t V. CARDIOVASCULAR RESEARCH INSTITUTE - PHYSIOLOGICAL SERVICES LABORATORY UNIVERSITY OF CALIFORNIA. SAN FRANCISCO MEDICAL CENTER ROOM 135!, MOFFITT HOSPITAL - FHONEt *64-1707 PULMONARY FUNCTION REPORT DATE: 8/9/68 SERIAL - 6192 mamf ' u n r z , H e n r y AGE ? 1 HT 170 WT75 sa 1.9 YR. COOE * Cm KG. M? FLOOR: iTPn 1V. HOLST IN," TICKER----------- REFERRAL OUGNOSIS: A s b e s t o s is REFERRED BY- L e w i s PULM. FUNCT. DIAGNOSIS: R e s t r i c t i v e lung d i s e a s e c o n s i s t e n t w ith a s b e s t o s i s ________________ LUNG VOLUMES Pre dicted Observed XPre- After 0.5X X Pre dieted Isepreferenel dicted DISTRIBUTION OF VENTILATION Pf# * 0 dk*#d r l "" f V . >ta l C a p a c it y III in sp ip a t o p v Ca p a c ity (L) EXP.PAlOOv RESERVE VOLUME (LI RESIDUAL VOLUME (L) to ta l l u n g Ca p 'TIC) (LI RESIDUAL v o i /Tic 'XI "JN C T . RESID CAP (fRC) |L) 1 TmO p a C i C G A S VOL # U V #rvy*moQ<opH) M E C H A N IC S O F DKCA in iiN v* * 2 : EC* w L 1 in t EXP'R IN 1 SEC 1 MAT EXPIR FLOW RA'E (l/mtn) __ Lk$. > . 0 9 -2 *7 2 2.k - 1 .3 6 2 .8 6 6 .L5 < 33 .0 ? 8 .0 - -5 A 66 '. - "V _ '< __ 3.9 > 79 - .7 7 ______7 1 400-500 * l1,,")n- 59 ,,S k 67 127 IG f a x INSPIR f l o w r a t e fl/mm) 300-JOO**' AiRWAY OFKTANrP (cm H? 0 /l/*cl \ . J 1.: LUNG COMPLIANCE \ / - , ll/cm H jO ) C O m Pu a n CE/PRE D FRC IL/cm H j 0 ) fftANS^ULM PRESSURE jtm H jO ) AT FRC AT UC 0 04-0 07 4 7 > 20 ALV. G A S UNIFORMITY ( X N j 750-1250 ml) ** - LX) < i.s ! J 1e l N j ELIM IN ATIO N RATE (X N j oh* T breathing O < 2.3 1 .2 DISTRIBUTION OF GAS TO BLOOD Pre dieted f r W lt lF H VFKiTll ATinJ IU (phytiologicol d*od cpoc. W ASTE0 VENT./TIOAL V O L (X) < 40 U5 EFFECTIVE MIN. VENT, (l/mln) loi v*n*. co k. rom w oiN d (.) 5 -2 ART-' A L V ." C O 3 OIFF. (mmHg) < 4 2 VENTILATION Befere Teit A ir O RESPIRATORY RATE , (brortu/m*) TlOAl VOLUME MINUTE VOLUME 22 dl -> 30 (L/mmi EXPIRED P C O ] (mmHg) "A LV." P C O , AR! PC O ? (by got (mmHg) (mmHg) DIFFUSION P' tdldoe 38-4.) 32^ Pre 0 dicted t- r PUIM . D O U S IN G CAP (Oco) * (ml/mtA/mmHg) PULM. CAPILLARY BLOOD VOL. (1) mwYiRhlMlC UM* U3>T*L CAPACITY (lymin/mmMg) . M E N 'HIE VALUE IS REPORTED. II IS USED TO CALCULATE TOTAL LUNG CAPACITY AN D RESIDUAL VOLUME . . V A L .E S a r e LOWER IN CHILDREN AND THE ELDERLY ' + O '. JASIS OF ACTUAL LUNG VOLUME COMVN*$ "*" """""""" ' ' " '*"* * Teol . f pu [".cr. :r> j i f f u G i i j c u rc - ; i ! ) ' m i ? : i -A 3 u t o r y f u r ier.-.n io ai reasons. i 4 o ,.., AV\r PVT PUETZ, A O f r ;I \R 1 r HI ! 0 Cm W ' ~rj <G S A !. ? */* CARDIOVASCULAR RESEARCH INSTITUTE - PHYSIOLOGICAL SERVICES LABORATORY UNIVERSITY OF CALIFORNIA. SAN FRANCISCO MEDICAL CENTER ROOM I3SI, MOFFfTT HOSPITAL - PHONE: 666.1707 PULMONARY FUNCTION REPORT DATE 8/ 9/66 SERIAL 3 6192 H-snry CODE 3 >'<, .j'CD By. L 1LKER, HOLST,_____ referid 8v.Lew_i. ____ HAMILTON_____________________________ REFERRAL DIAGNOSIS:--- AshfiStr,;i ..rhrr.n I/- K.-- n-rht pu'.v funct diagnosis^ ^ 1-1CT1ve puirnonary disease" ARTERIA L B L O O D { IO-A. CON`ENr 'S` :.E n < "'; .-ACl> C ? rNS*CN , 0| V 1'voi *> __ 1L Ol V S. imiriHo Aik 2 0 1> 'j - - 22 9 A.t 0 3 *- , 9 20 9 ?6 99 a- > eo Qi A ir [ 9.1 3 1 9 .6 9 72 _ o ,_ ARTERIA L B LO O D IvOGlOSiN ' >MAIOCRIT U ) ; CONTENT 61GOO L f ) ; COn tEn : PLASMA CO TENSION {moaiutod* 1 5 So 11 1 i .4 P>< i gm i l D6 i*i 45 1 niM/1 mmHg* -- 20 S 7 2 * 25 : 8 3 38-42 sJH UJ 7 36 J 2 A r TL A k6 1 9 .8 2 L .0 36 7.U ; 0, 3S 7 .K .0 EXERCISE AN D RECO VERY TREADMILL Inclino mpK Spaad Inclino mph Spood Inclino : BICYCLE ARTERIA L B LO O D /ID I Load 15 9 REST i KgM/min Load 2 02 KgM/min load 4 6' 2- | t:/' p - s Ca i >- 9 'T.fTTHL rv _~V _ ^ -- t l.o !CP 6'< `t N mn-Hg 1 ---------i . .. / .* ________ L . . * L.' ' C1**`l`M?l'IJP 9 . . </- s * |<IN y J' k` S**'- Atb* '/.' fr -mK j ^ ^ Nun; 1Q Or. . . L mu . fr.r.j v L _ j____ 3Aff UPOls'mnii A i . ' f N; iLA ,N , V 1 r, U , ' . 1 ', f. t >j _ C . !9 ^7 . J Lj t l __ L C .7 _j - L f - ' i . r *?r; ^ r ,L o,`*o 01 . h j 1 7 . L r. . . :lx 2 5 . '167 ... 3 - . 6 \r 9C L' 2 ____ 3 ; ' 4 * i :. Ait'itk - P' jO'J 'Jeieimioolion don wth oot>M ronlhmg ihio.-g' mculkyp'O mpk ________ KgM/min Rocovory iloi6` 2' 4' l 4 1 J)1o .'- n r *\p*P J-> .-7 ; a O .U 's ^0 Moppob fio rc it 6' 1-------- ;-------------- 9 0 f ^ t ni ip n f 1 3*+ 7 4 .VM t ` llS % PULMONARY FUNCTION CONTINUATION-SHEET * 3 ,-Jl STORY namf PUETZ, Henry 'or inm (copi) _______ seriai xt 6192 T;,; man /.'ho has been an insulation worker for Lo years was referred for assessment rurci ienal impairment due to pulmonary asbestosis. He has noticed gradually in- r-'i-.inj breathlessness during exertion for about 10 years. For a similar period, he nsc h-t a chronic cough productive of mucoid sputum. At the present time he has when tying hi s shoes, when w a In'ng quickly, and on climbing 8 to 10 stairs. . On r ) -ir-jl examination rhe fingliri^ in the respiratory system are mild finger clubbing r"ij t i ne i nspiraTory crepitations in the lower parts of the lungs, rne cnesf x-rays show an infiltralive or fibrotic process increasing on serial films s i nes Im57. _ " PULMONARY FUNCTION RESULTS h Ioc55)'s tests show a significant reduction of the vital capacity from the predicted /alues. Ynic taker v.itr the normal airways resistance indicates a restrictive lung disease. The high proportion of wasted ventilation is due to abnorma1ities of ver.i ilarion and perfusion relationships in fhe lungs, and this conclusion is-supported oy the finding of a \ icened alveoloi-- ar~orial oxycen gradient, and mild arterial hypoxemia -A rest. Tre latTer ic not caused by hypoventilation since the arterial PV02 is lower rk3 n normal, nor ccula shunting of blood be responsible since the srTerial Po2 reader 'TMe expect-.': vclu<~ curing oxygen breathing. 7- ero is cr.rcnu hypervent iloT ion a: re-.~ and t:is becomes more marked during exercise AiM". ugh o>ygen transfer is imprrvea freo the resting s+ate at light workloads, the al 0-0 iar-arrer ia I oxygen difference increases witn increasing work. Measurem-.r, r of c iffu-i ns copoci+y of tr--; lungs was unsaTisfactory for technical rp=:cns. We sr;jil send ir- aos-c intr or." fer rc-pcri tier of tnis test. COi-iCLUS ION T-er - i i m p j i r r r w n t of ru 1" >ry fun consistent with pulmonary asbestosis. The lesf ._r d iffjni "1^ , a r i ~ \ ..->u Irl so rotated. . r ; ! I < S< % I> 1` A. : ; >r,?lhKiEB^TRA. C'P _____ ._____________ ,v .D . Julius li.Comroe, Jr D. LEON LEWIS, M.D. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 5. Mr. Puetz is a well developed and healthy appearing male of late middle age who is of mesomorphic build with excellent musculature. There is no apparent de- . formity. There is a faint thyroidectomy scar and a more distinct left inguinal herniorrhaphy scar. There are tattoos of both arms and forearms. The anterior and central hair is thinned and nearly bald. The hair is grey. The cranium is smooth. There is no tenderness. The eyes are clear. There is some wax in both ear canals, but the drums are fairly well seen. A walyth tick normally heard at a 10-foot distance is audible only when in contact with the right ear and at one-half inch distance from the left ear. The nasal mucosa is normal; septum is intact. The paranasal sinuses transi1luminate poorly, obviously because of dense bony structure. The mucous membrane of the mouth is normal. The gums are clear. The tongue is normally coated. The tonsils are small and not inflamed. The mouth is edentulous, compensated by two dentures. There is no tenderness in the neck. The thyroid gland cannot be felt. There are no palpable lymph nodes in the neck or elsewhere. The thorax is well formed. Breasts are negative. There is generalized impairment of resonance throughout both lung fields. Breath sounds are bronchovesicular. There are scattered, crepitant rales in many areas over the posterior lung fields. Breathing is mostly diaphragmatic; abdominal excursion is normal. The heart size is difficult to determine. Heart rate, rhythm, and sounds are normal. There are no murmurs. Femoral and foot arterial pulses are normal. The abdomen is rounded. There are no palpable organs or masses. The left inguinal hernia repair is satisfactory; however, there is now a small right inguinal hernia. The external genitalia are normal. Rectal examination discloses no hemorrhoids. Sphincter tone is good. The prostate gland is not enlarged. There is no palpable mass. The extremities are essentially normal, aside from hypertrophic changes at the small joints of the fingers. Foot and upper extremity temperatures are normal. Neurological Examination; Personality appraisal is rendered somewhat difficult by Mr. Puetz1 obvious diffi culty hearing. However, he seems to be an intelligent, well oriented, and very cooperative man who has no tendency whatsoever to exaggerate his clinical mani festations. ' * Gait, station, coordination, and equilibrium are normal. There is no dysmetria or nys toqmus. Cranial ntsrto examnation discloses quits cont rac ted round pupiIS whi ch reac t to I qh; and n;co.'n.'odat ion through a small range. (Mr. Puetz states that he uses LEON LEWIS, M.O. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 6. considerable amounts of codeine-containing cough medication.) The fundi are poorly seen, but seem to be clear. Ocular motion is intact. Facial motor power and sensation are normal. There is no impairment of bone conduction over the mastoid processes. Air conduction is better than bone conduction, despite the impairment of hearing. The Weber sign lateralizes slightly to the left. The tongue protrudes in the midline without tremor, Palatal and pharyngeal func tions are normal. There is no disturbance of sensation for pain, vibration or temperature. The superficial and deep reflexes are normal. There are no pathologic reflexes. Musculoskeletal Examination: Posture is good. There is no localized atrophy or hypertrophy. Joint motions are free and normal . There is no impairment of neck or spinal motion. . LABORATORY DATA: Complete Urinalysis : Color Character Reaction Spec ific G rav ity Albumin Sugar Yeti ov; C lear pH 5.0 Q.N.S. 3+ Negat ive Microscopic Examination: White Blood Cells Rare Red 8 lood Cells Rare Epithelial Cells 1 - 2 Bacteria Rare squamous Complete Blood Count: Hemoglobin Leucocytes Packed Cell MCHC Platelets Morphology Volume 1 7 . 2 grams 15.150 m 36% Adequate Normal ( 1 1 6 %) Differential Count: Neutrophiles 79% Basophiles 0 Lymphocytes 20% Monocytes 1% Sedimentation Rate: 2k mm./hr. (Westergren) Serologic Test for Syphilis: VDRL Slide -- Non-react ive Extended Blood Cheimi stry Group: Adult Normal Ranges : Glucose (I hr pc) Urea Nitrogen U r ic /c id 130 mg)', 16.0mg0/, 7.1 mg/, 72 - 120 mg% 6 - 2 2 mg% 3 " & mg% (fasting, on plasma) LEON LEWIS. M.D. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5. 1968 Page 7 . Extended Blood Chemistry Group (continued) Adult Normal Ranges: Cholesterol (Total) 166 mg% 150 - 260 mg% Transaminase (SGPT) 52 U. V . units 5 - 50 U. V. units Calcium 9-7 mg% 9 - 11 mg% Billrubin (Total) .6 mg% 0.4 - 1.1 mg% Potassium Sod iurn 3.8 mEq./L 137 mEq./L 313. 55 "- 515m0Eqm.E/qL./L 1* Alkaline Phosphatase 36 |ntl. units 13 - 40 I n t i . u n i t s Protein (Total) 9.3 gnft 6 . 0 - 8 . 0 grrt% Albumin 4.8 gm% 4.0 - 5-5 gn% Globuli n 4.5 gm% 1.5 - 3.5 gnft A/G Ratio 0.9 Protein Bound Iodine 3 .8 mcg% 3 . 5 - 8 .0 mcg% n Vital Capacity Study: FEV ! FEV2 FEV3 I sec._____2 sec._____3 sec. Vital Capac ity 1.7 L . 2.1 L. 2.1 L. 2.2 L. 2.15 L. 2.3 L. 2.2 L. 2.3 L. 2.3 L. 2.3 L. Predicted vital Capacity (for height and age = 3.6 L. Vital Capacity is 6*$, of predicted. FEV, = 75%. FEV2 = 92%. FEV3 - 96%. E lectrocardiogram; Rate 90 per minute. Sinus rhythm. PR 0.15. QRS 0.08, Q.T 0.36 seconds. Flat T waves in Leads V-l and AVL. U wave present in V-2 through V-4. Conclusion: Scattered ventricular ectopic beats. No evidence of right Rule out hypokalemia (U waves). Non-specific T wave changes in AVL and LABORATORY SUMMARY: heart V-l. strain. * There is unexplained proteinuria of fairly marked degree. It is not associated with other u r i n e or blood chemical a b n o r m a l i t y . I t wa s n ot p o s s i b l e t o d e t e r m i n e urine specific gravity. The red blood cell values (packed cell volume and hemo globin) are high, suggesting polycythemia secondary to lung disease. However, the leucocyte count is also high, although differential count is normal. Neither the Ijucocytosis nor albuminuria is easily explained by clinical findings. IEOH LEWIS, M.O. SHELDON MARGEN, M.O. Re: PUETZ, Henry July 5 1968 Page 8 . Blood chemical. survey .i,,s norma-l1 oexxcceeDptt fToorr eelevated serum uric acid. . . The serologic test for syphilis is negative. Electrocard.i.ogram .i.s essentiiaalllIyv nnoornmnaol... hypokalemia. Blood chemistry studi.es did not reveal " < Radiographic findings ar. characteristic of progressiva ashestosis. (See beiow. REVIEW OF RADIOGRAPHS OF THE CHEST: Outside Radiographs: ; J 7 ,057 is identified as #759786, Kaiser Found, The first film, dated December 7, L d l um-type thorax which is asymmetrical tion Hospital, Oakland. 1 c s^ * d rightPthan on the left. Borte structur with relatively greater P a"s 'n ?" "T sh| some prominence of central bronch are of normal density. e u 9 haziness of the cardiac outline because of vascular markings, and exceptJ r ^ a d o ^ t h e pulmonary findings are not remarka overlying, somewhat grey is 9 a0rtic and diaphragmatic contours are norm Xvghihi;:"; ^ r ^ V o f o f . The second radiograph is da*ed 1 Jy'ti,is't im^the Ju w l i y * h U o w is verY M. D., 2976 Summit streat' ential markings and faint, greyish mottling normal. There is accentuat,on of n t r a 9 is the medial portion c throughout. The heart shadow .s distinctly biu r , the diaphragmatic shadow. 1 a U o from the office of Doctor Coate, she* The third film on February 17, 19 1 ... There is slight thickening of a progression of the findings prav.ously note^. The e^.s .1 9 ^ the interlobar fissure bewe.n * 9 " ^ c h L a marked. There is more di'fiul: greyness'andmottiIng,^and the cardiac border is no ionger distinct. p e n U i o n d tirnaPti.priorC5ilm monary disorder. f tta ',u, Btyo Ftehborsuearoyf 21962196b4u.t asno0mt:elw,Jharttfmore d February 13, 1965- A very 1 less density than the prior fil s, 1967, also from Doctor Coate s ' c ffuse , ' di* The I ,9 6 6 , ^ tQ sh recent radiograph of February very diffuse process involving sha4 o J \s distinctly larger, and i i f ON LEW IS. M.D. SHELDON MARGEN. M.D. Re: PUETZ, Henry July 5. 1968 Page 9. Radiographs made June 21, 1968: . -: - As in the previously reported films, there Is asymmetry of the chest. Bone " structures are of normal density. Both lung fields show a diffuse greyness with . . reticulation and exaggeration of central pulmonary markings. The heart and- . ; aortic contours are not beyond the normal range of size; however, they are * distinctly blurred and a clearcut cardiac outline cannot be made out. The diaphragm is slightly hazy along its margin, but the costophrenic sinuses are weij preserved. A superimposed projection of inspiratory and expiratory views of the.chest shows a diaphragmatic excursion of 32 mm. on the right and 36 mm. on the left. (Measure ments are made at approximately the mid portion of the diaphragm.) _ The lateral view shows a prominent hilar shadow and generalized greyness of the , lung fields with exaggeration of markings. The heart size appears normal. The dorsal vertebrae are well formed, and the interspaces are normal. DISCUSSION: Review of the previously made radiographs dating from 1957, interpreted in con junction with the current film, discloses a gradually progressive, presumably fibrotic, process in both lungs which is evidently restrictive but not associated with marked secondary emphysema. Diaphragmatic excursion is quite well preserved. Heart and aortic size appear normal at present. The findings are consistent with occupational disease of the lungs due to asbestos is -- a diagnosis suggested by the employment history. DIAGNOSES: 1. Asbestosis with moderate restrictive pulmonary disease. a. Probable secondary polycythemia: b. Probable chronic bronchitis. 2. Right inguinal hernia. 3. Proteinuria -- cause ?. k. Leucocytosis -- cause ?. 5. Hearing loss -- fairly severe. Sincerely yours, y ' \ j ^ \_, l/eon* Lewis, M. 0 . It: d : LEON LEWIS. M.D. SHELDON MARGEN. M.D. 243B WEBSTER STREET BERKELEY. CALIFORNIA 4 7 0 9 Phone 948*2727 July 5. 1968 INTERNAL MEDICINE Smith, Parrish, Paduck and Clancy 405 Fourteenth Street Oakland, California 9^612 Attention: Mr. David R. Nelson u Re: P U E T Z , Henry Employer; Western Building Materials Company Social Security Number; 532-112-4138________ . Gentlemen: i Mr. Henry Puetz, a 6l-year old, twice married, Caucasian workman, was examined in this office on June 21, 1968, by the undersigned, Leon Lewis, M. D. ' EMPLOYMENT HISTORY: Western Building Materials Company; June 18, 1368, to present; asbestos worker (at the University of the Pacific, Stockton. California). Prior employment: Western Building Materials Company, Stockton; asbestos insula tion application; two weeks, November 15 - 29, 1967- V/estern McArthur Company, San Francisco, California; October 1 to November 15, 19&7. Western Asbestos Company, Los Landing, California; April to October 19 6 7 . Mr. Puetz has been an asbestos worker since 1928, at first in Seattle, Washington, until 19^1 then in Portland, Oregon, until 19^5, and since 1S^+5, in California. DATE OF OHSET OF SYMPTOMS: 1957. PERIOD OF DISABILITY: November 29, 1967, to June 1, 1968. PHYSICIAN: P . E . Crantz , M . 0. * HOSPITALIZATIONS: joe ChronoiogicaI Modi cal History. " HI STORY: ... p'j'-'.i -:as -om in Seattic. Washington, on May 25, 1907- He moved to Portland, ijor., .1 131+1 , and to Son Pruneisco, California, in 19^+5. He completed high school u n servi-J in th* United States Army from 1925 to 1928, mostly serving in the r-ii i:op \ n I>Iandn . IEOH LEWIS. M.D. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 2. His first marriage, in which he fathered three sons, terminated in divorce. He has two living adult sons; the third son was killed in the Korean War. He was accompanied to the office by his present wife with whom he seems to have an excellent relationship. He discontinued smoking cigarettes in 196 5. Prior to that time he says he smoked about one-half package daily. He drank alcohol in moderation until fairly re cently, but now does not drink at all. y FAMILY HISTORY: . His mother is living and in reasonably good health at age 82. His father died of some type of pulmonary disorder leading to pneumonia at age 49. Seven brothers and four sisters are living and well. His two sons are well. He knows of no tuberculosis, cancer, or diabetes in the family. PAST MEDICAL HISTORY: In addition to the ordinary diseases of childhood he had diphtheria at age 12. |n 1938 he developed hyperthyroidism,and thyroidectomy was performed at the Bremerton Naval Hospital. A left herniorrhaphy was performed at Antioch Hospital by Ooctor Crantz in 1957. He was hospitalized for pulmonary disorder at the same hospital in 1958, 1959, I960, 1962, 1964, 1 9 6 5 , 1966, and 1963. His last chest radiograph was made in March 1963. A gastrointestinal radiographic series was made in De cember 1967. SYSTEMIC REVIEW: Mr. Puetz sleeps poorly and has difficulty falling asleep. He does not use seda tives. He has frequent headache and dizziness. His memory has begun to fail. He wears glasses but has not been examined by an eye doctor within the past two years. He is subject to frequent chest colds, and he has a chronic annoying cough, which is moderately productive. He has been told that his blood pressure was elevated in the past. He has some chest discomfort but no characteristic anginal pain. He becomes short of breath on si ight exertion. _ All of his teeth have been extracted, has a new set of dentures to which he is poor, and his abdomen is distended that he had a stomach ulcer. * and he has worn dentures for some time. He has not yet become accustomed. His appetite after meals. He has been told in the past LEON LEW IS. M.D. SHELDON MARGEN. M.D. Re: PUETZ, Henry J u ly 5 , Page 3 . 1968 Nocturia occurs once. There are no other genitourinary symptoms. Other general complaints are fatigability, nervousness and tension COMPLAINTS: ' 1. Shortness of breath on slight exertion: a. Walking causes dyspnea; b. Even tying his shoes causes some breathing difficulty; c. Climbing a flight of stairs, he must stop at least once to rest. 2. Productive cough, especially at night: a. Expectorates about one-half cupful of greyish-colored mucoid sputum; b. Has never expectorated blood. . 3. Frontal headache, lasting several hours, in attacks. k . Giddiness, occurring when he bends over. CHRONOLOGICAL MEPtCAL Hi STORY: During his early years and extending through his military service unti1 1928, Mr Puetz was in good health. While on outy in the Philippine Islands he was well and was never hospitalized. He did not contract malaria, dengue fever, or other infections. He had no venereal infection. After his return to the United States, he first began to work in the asbestos trade. His first employer was the United States Government at the Bremerton Navy Yard, where he was discharged from military service and became an employee. For 13 years he remained at the navy yard, and most of his work consisted of the application of asbestos covering on pipes. Most of this work was done on ships, and at times he had to work in relatively confined spaces. During the entire period of his employment by the naval shipyard, he worked without any kind of respiratory protection. No radiographs of the chest were made, and no medical examinations were done during his years of work. After leaving the shipyard, he moved to Portland, Oregon, where he was Ploy* bv Plant Asbestos Company. He again worked applying asbestos insulation to pipes^ on ships. On this job he also worked without respiratory protective equipment. He does not recoil having any chest radiographs made at this time. 19L5 h- moved to the San Francisco Bay area, where his first employer wa* Western Asbestos Company. He worked in the plant, and whi le hl s d^ Y J " t l ' [ the aoplication of asbestos coating to pipes, he was also exposed to the a -aMon oro-nss rver since 19^5 he has worked on and off for Western Asbestos Company'or'th.-ir 'successors. He was also employed by the Fiberglas Company m LEON LEWIS, M.D. SHELDON MARGEN. M.D. Re: PUETZ, Henry July 5, 1968 Page k . San Francisco. There he worked not only with asbestos but also with Fiberglas and rockwool, all of these materials having been used for insulation. He also worked for Plant Asbestos Company in Emeryville, having spent about four or five . years in their employ. - In short, since 1923, except for periods of disability in recent months, Mr. Puetz has been almost continuously employed in the asbestos insulation industry. In 1938, while working at Bremerton, he developed hyperthyroidism for which a thyroidectomy was performed at the Bremerton Naval Hospital. He has not had to take thyroid extract. He was then quite well until 1957 when he developed a left inguinal hernia. At this time he was already somewhat short of breath and coughing. He remained in Antioch Hospital eight days after repair of the hernia; he was not hospitalized for pulmonary disorder at that time, but was under treatment by Doctor Crantz. Although Mr. Puetz does not recall the exact dates, he believes that he has been hospitalized about 10 or 12 times, always at Antioch Hospital and always under Doctor Crantz' care. About 1962 he was in an automobile accident which required hospitalization for a back sprain. Later, in 1966, he suffered a neck injury and was again hospitalized. On each occasion, whether specifically for respiratory difficulty or for other causes, he was treated for his respiratory problem, usually with intermittent positive pressure devices and various medications. At present his medical regime consists of two medications, but he does not know their identity. He also uses a cough syrup. He reports to Doctor Crantz about every four weeks. He has never used intermittent positive pressure therapy at home. Recently, during each year, his condition has fluctuated considerably. He is especially short of breath during the winter, and there has been gradual pro gression of disability over the course of years. Mr. Puetz left his work with Western Building Materials Company on November 29, 1967, because of shortness of breath, chest discomfort, and cough. He returned to work for the first time since then on June 18, 1967, and has put in two days with some difficulty (to the date of this examination). During the period off work, he rested most of the time. He now finds that it is difficult to work overhead, and he is easily fatigued. He finds that climbing and working at high levels are extremely difficult. He has not had to work above the ground the past two days or his resumed employment. PHYSICAL EXAMINATION: Height 63-3/A. W e ig h t ll-l/2 p o u n d s . Maximum prior weight 168 pounds in 1966. B lood pressure initially 133/102 in the left arm,sitting. After approximately 15 minutes, a sn.tond reading was 1/0/9^. Pulse rate 88 per minute. J. o. COATE. M. D. radiologist 2 9 7 6 SUMMIT TCer OAKaANO C A U 'O . TfaMMI tl 7 F e b r u ar y 13, 1SS5 P***; Henry . l 53lM * r * ^ 5tre a . Aattoch Pbytiti**- W r * H o U r A-7121 CKST p A f lt o o t n . c b .. g a l. * o th r h .r . . . 1 l U U r J Ilb r o w c h io g , . b ro u g b o u , b o * 1-- r l o b . . W b lcb b a r . b . . . o b . . r r . d OO p r . n o , . y .a r .r t e r r a l . . .C . 4 . 1 . . T b . . . b . . probably b ..o ,, ,,arkod l o o r .... -- b. - < -- 2->-M COmPrl* " ltl P . . . 0O. S I . . I . O . , `o dterm ln. O p r o g r ... o . InvoW .- m ,, t. Th. cardiac .b a d ., i . norm al and ,b . b .m ld lap b ragm , a r . .m oot. and rounded. CONCLUSIONS lobe probably occupational^ B ila te r a l chronic fib rotic changes In both low er r * i - s - j . D. Coaie UT57 JD C :m c s J. 0. COATE. M. D. S A O IO L O U IST 2 9 7 6 SUMMIT STR EET DAltLAN O * . CALIFORNIA TfLgRHON* TfM OlM A* A- 4 0 1 7 February 17, 1962 Pttitnt: P uetz, Henry C. Address: R t. 2 , B ox 1 92, Oakley Physician: A sb esto s W orkers Survey * Aet 54 22832 t -- " * M lung field* . considerable granular thlckanlng of th . root a g t a t a ,. in both perlhilar a r .a . along with d i.c r e t . m ilitary dansittee. notad on anamination 4 - 1 5 - b l. A diract con.part.on These changes were with the praviou. film , wonld ba im portant to datarm ln. th . p r o g r ... of this disease. CONCLUSIONS - V - Pulmonary occupational disease probably a sb esto sis. JDC:mc ' /" f0) < s ' "** i -iT-- L^L J. D. C o a t e . M . D. V : \ r , f/ AAQ / A t'-'-. ' k w. / v *' / " V * J L . ? / c! P f " 1' a- . . r e - .r .pa . 1 I. u ; W v<!C. i.i'Mut-ujipsn' N o '" 1 962 Joseph E. Sc.ith '1-nith, :3acri.~,h, Padn'-k i .'VHpany F in a n c ia l C e n te r lini'! lin e it01-19th .Street Ool:!an^ 1? , f!i 1i f '.-mi* ?.e: P u e t z , Henry C. i Than': m "or 'I'nir 1? c te * r ' AiV'Onb?;' la,: rag? r dir.? 11?. Henry C. P u e tz . l.V . tz hi-' L>?-*rs .i V"! t'l \ ? .'2 ."ice i l - . c i I c c e tib e r 9, 1959. He ` :i ' h i s tot"/ c:: > r." u ~ ` o -n * .' i n h a 1, a :1 .n 'an;- y e a r s d u r a t i o n which r-? *vl J in o ''V-onl*' lv r-'hi an - 'b c s t o a i i . X -ray of the c h e s t C'Vlf i 7i` : chi .. d \p.Jn . 's : ; . -1 a ^n o ', tided c o '^ h w i t h p r o d u c t i o n of 3n " 0'J~" . "ir^ r -l I r y , " -?. r. -.a reveal?d ro le s p resen t in the lu n ^s. 7 * n %- `"O'-' ? t '.*7 ' : . nv' " IP J *. ^ *" `his 'ioaase or whether or not T r T ,-x - n o'* ` fu rc h '" : n .p, `tin 'l " 11 on ; . a! 1 y, / . v-~ `a-!1 . F r a n t z , 'D C J. d . c d a t e :. m . d . RA O IO lO Q 'ST 2 9 7 6 SUM MIT STREET 04KIA*0 f, CAUrONSlA F e b ru a ry 8, 1964 Peiitaf: Puetz, H enry Addrctu i* :. rkjtuhn; 1531 M uroluill S treet, Antioch * Mr, Holaiec Act 56 RECEIVED DEC 5 1358 FILED C lv iilo n of lndvftt*iat Acsidonb OAKLAND OFFICE A -3460 , -'CHEST ' .- , A fin ale PA fU'a cf tho chect chov/o the ehronlc b ilateral flbrotlc changes throughout the lc v ic r half of both lur.g fie ld s , m o re naarhed on the right r,UV.', a s s o c ia te d with m od erate b ila te r a l p sr lh lla r thichcning, "Theca ` have apparently V.:cn prr gvccrhvj over the past y e w a sin ce 1957. , A co.ai.:ii'le(,:v with o il of thcco fovaier film s v a c made la th lc office oa cur er.ajahntlon of 3-27-62, From tim e to Unic, there com parisons . t L** / lllti ll J i 6lie* 1, , ' - . ' . ' ' ' *, t " , I' ; y' * ' V ' '* * ` ' (' :-::ct.vs,o:w , ' / . . v , ' ' ; *. ............... .. . ,! .j /.o r o t 'c 'clv-.Trc:; th-C'.'.^hout both low er J - ' " i ' ' , *: -, : : r e m ar'.-.cd oa . r l- h t tM-t npparcr.'-I/ -i to occupational disc..:;.,.. i ' . . t . t *.*. ' t i J D COATE, M D R A O 'O lC M iT 79/6 SUMMIT STPFt T OAKL AND. C A L I F O R N I A 94607 Telephone 636-4057 m . v*-*. Puetz, Henry Aet 59 # B - 5278 ' Mo-tir Rt # 2 - Box 101, O a k l e y f,y,.t .OM. A s b e s t o s W o r k e r s S u r v e y - * _ l F e b r u a r y 21, 1967 . CHEST: *- A single P A film of the c h est again s h o w s the extensive bilateral interstitial fibrosis generalized throughout both lung fields. T h e hilar s h a d o w s a r e also in c r e a s e d in d en sity , so m ew h a t m o r e m arked on the right side. No localized a r e a s of parenchym al infiltration can be seen. T he cardiovascular shadow is still n o rm a l in outline and the h e m i - d i a p h r a g m s a r e smooth and rounded. A com parison with previous films is n e c e s s a r y to determ ine the p r o g r e s s of the d i s e a s e . CONCLUSIONS: Extensive bilateral interstitial fibrosis throughout both lung fields. JD C : me L// i .1 C "i A T E M D a ; . .s .' 1*.*v.' ,'k ;f : a ; a .%!, a i i C^fi! a ^ 8<6 40S/ Puetz Henry Aet 58 # B - 1016 Rt # 2 - E o x 101- D , O a k l e y , C al if o rn ia Asbestos Workers Survey M arch 5, I960' CHEST: A single F A film of the chest s h o w s extensive bilateral interstitial fibrotic changes throughout both lung fields as previously o b se rv e d , since examinations made annually from 4/15/61. The hilar shadows a re also somewhat is normal. C O N C L U S IO N S : Extensive bilateral pulmonary fibrosis, probably occupational . JDC : ag . ' f. i: "**i* .i\: ' . K*VI ' f- ' ! 'A> ANO AI ,fy.VA *>!' ' * l#til..,no ^ it -1r,*7 Puetz Henry Aet 57 1531 M a r s h a l l S t r e e t , Antioch Asbestos Workers Survey " A - 7121 F e b r u a r y 13. l?o5 . . CHEST: b . P A film of the c h est again s h o w s the r a t h e r extensive bilateral fibrotic ch an g es throughout both lo w er lobes which have been o b s e rv e d on previous examinations at yearly intervals since 4/15/61. T h e r e has probably been no m ark ed in c re a s e since the last examination on 2 / 8 / 6 4 but c o m p ariso n with previous films is n e c e s s a r y to d e t e r mine the p r o g r e s s of this involvement. T h e c a r d ia c sh ad o w is normal and the hem i-diaphragm s a re smooth and rounded. . C O N C L U S IO N S : B ilateral c h r o n ic fibrotic c h a n g e s in both l o w e r lobes p r o b a b ly occupational. J D C : ag .4*- ' J D . Coate M.D . * :r;AT : v D .' A`M' '&! i I It ! A!./ r . ' i l l 1' rfNf A *).U iA ntC 4057 Puetz Henry Aet 56 1431 M a r s h a l l S t r e e t , Antioch Asbestos Workers Survey A - 3460 F e b r u a r y 8 , 1964 PA C H EST: i,tt A single P A film of the c h e s t s h o w s the c h r o n ic bilateral fibrotic c h a n g e s throughout the lo w e r half of both lung fields, m o r e m a r k e d on the right s i d e , a s s o c i a t e d with m o d e r a t e b i la te r a l p e r i - h i l a r -thick fi ning. T h e s e c h a n g e s have apparently been p ro g r e s s i n g o v e r the past y e a r s since 1957. A c o m p a r is o n with all of these f o r m e r films w a s m ade in this office on o u r examination of 3 / 2 7 / 6 2 . F r o m time to time these co m p ariso n s should be m ade. C O N C L U S IO N 'S : Chronic fibrotic changes throughout both lower lobes, more marked on the right side apparently due tc occupational d i s e a s e . J D C : me J. D. Coate M.D. *  'XAT: `v D ^ A [; I i ' .1 ` ' A 1 A >n i A I I 0 " N A 1.!f / 7 *. p r .n #* *.; ( Puetz Mr Henry C Age 55 1531 M a r s h a l l S t Antioch Asbestos Workers Survey *f A - 404 i M a r c h 16, 1963^ FA CH EST: u. Single F A film of the c h est again s h o w s the g en eraliz ed fine fibrotic c h an g es throughout the lo w e r half of both lung fields, which have been reported on previous examinations. T h e r e h a s been no a p p a r e n t i n c r e a s e since trie examination ' made one y e a r ago. T h e only a r e a s showing any d eg re e of em physem a a r e in the dependent portions of both low er lobes. T h e u p p e r lobes of both lungs a p p e a r to be relatively n o rm a l in a p p e a r a n c e . T h e h e m i-d ia p h ra g m s a r e smooth and ro u n d ed showing no evidence of a n y pleural adhesions. C O N C L U S IO N S : Chronic bilateral fibrotic changes, apparently pulmonary occupational disease. J D C : ag .i'. D . Coate M . D . // /s ' / <s f i ;> c o a t r,m d 1 A (ill,; O'-'S r - - :vvi I r i r ; A l *`3 ' l A l O P N I A te i i , ics; . P uetz Mr H e n ry C Age 54 f 22832 M a r c h 2 7 , 1962 Rt 2 - Box 192, Oakley Asbestos Workers Survey PA C H EST: y. A review^ of the re c e n t film made on 2/17/1962 and c o m p ared with inr *thlH8 ^ mS T x i C e l s e w h e r e in *957 s h o w a g r a d u a l i n c r e a s e n the d e g r e e of fibrotic c h a n g e s in the p e r i- h il a r a r e a s and throughout the lo w e r half of both lung fields. T h e film made in I357 s h o w s only a v e ry minimal, h o w e v e r e a r l y c h a n g e s . h e r e h a s been no g r e a t i n c r e a s e in the d e g r e e of fibrosis a s c o m p a re d with the film made on 6/10/1961. H o w e v e r , 1 do feel that t h e r e is definitely a v e r y g r a d u a l i n c r e a s e in t h e 'd e g r e e ol of b o ! ^ T l f d u n n g the P*st five > ' * ^ s . T h e inferior portions of both low er lobes a p p e a r to be som ew hat m o re em p h v sem ato u s as c o m p a r e d with the film m a d e in 1959. mpnysernatous as C O N C L U S IO N 'S : T h e g r a d u a l i n c r e a s e in the bilate ra l fibrotic c h a n g e s and the radiologic a p p e a r a n c e of the p r o c e s s , strongly s u g g e s ts that this is probably pulm onary occupational disease. JOC :ag J. D. Coate M.D. // 1-il r.C'ATt . M 0 L I . ' '>, ' VVI : ) 1 P ( I I O A tf I A N | | t A . I l C I- N : A f . u r -, .1 Cl(j40b/ Puetz Henry C Aet 54 Rt 2 Box 192, Oakland A sbestos W orkers Survey if 22832 F e b r u a r y 17, " i PA CH EST: Both lung fields show con sid erab le gran u lar thickening of the root sh a d o w s in both p erih ila r a r e a s along with d is c r e te m illiary densities T h e se ch an ges w e r e moted on exam ination 4/15/61. A direct cor p arison with the p rev io u s film s w ould be important to determ ine th<p ro g ress of this disea s e . CO NCLUSIO NS: Pulm onary occupational d isease probably a sb e sto sis. JDC :ag J . D . Coate M. D . j C;\1a M u Ao t ( ; 'j t ' i mm : of i t A 1 A N( (. A I . i 0 P U I A ' l ' Tlet tOS7 fit-* ' Puetz Mr Henry Age 54 # 21148 *dd r-.i R ou te B o x 192, O a k l e y , Calif. Pt* , kIC .1*1' Mr Holmes ( Asbestos Workers Survey) A p r i l 15, 1961 PA CHEST: * P A film of the ch est sh o w s co n sid erab le bilateral {ncrease in both hilar sh a d o w s w ith c o n sid e ra b le in the r o o t s h a d o w s throughout both l o w e r lo b e s . In som e a re as small discrete parenchymal densities can be seen. The h e a r t shadow is within norm al limits and the h e m i-d .a p h ra g m n m a c m n o t h and pounded. C O N C L U S IO N S : The findings are very suspicious for a possible early asbestosis JDC :ag D . Coote M . D . 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 HENRY C. PUETZ, 4 C ase N o. 66 0A 20668 5 Applicant 6 vs. 7 C.F. BRAUN, et al, and AMERICAN MOTORISTS INSURANCE 8 COMPANY, et al. CERTIFICATION 9 Defendant 10 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the record.! 13 of this office in the above-entitled matter. 14 ATTEST my hand and the Seal of the Workers' Compensate 15 Appeals Board of the State of California. 16 17 18 19 . _ . .LLIAMS___________ ^ Workers' Compen&a^ibn Judge ^ 20 Workers' Compensation Appeals Board 21 22 23 24 Dated at San Francisco, 25 California, this 6 day 26 of April, `198/1 27 DIA W C A I r(oNmCtWt t1>17991 OCDARTMSMT O F INOUSTNIAL RtUATtOKa DIVISION O f INDUSTRIAL ACCIBKm t ( 'WORKMEN'S COMPENSATION APPEALS BOARD 2 STATE OP CALIFORNIA o HENRY C . PUETZ ) Applicant CLAI4 NO. 65 OAK 20568 5 vs. 6 C. F. BRAUN et al. and AMERICAN MOTORISTS INSURANCE 7 COMPANY, et al. Defendants 8 FINDINGS AND AWARD file:i SEP 8 1 9 10 The' above entitled matter having been regularly submit 11 before Richard A. Hickman, Referee, said referee makes his decisj 12 as follows: 13 FINDINGS OF FACT 14 1. Henry C. PUETZ, born April 25, 1907, while employed i 1 5 asbestos worker within the State of California during the period 1 6 ginning 19^5 through November 29, 1967, sustained injury arising 1 7 of and occurring in the course of his employment, consisting of 18 asbestosis. 19 2. Applicant was employed and injury was caused by expot 20 during periods of employment and insurance coverage as follows :: 21 EMPLOYER:_______________________YEAR:_______ INSURANCE CARRIER: 22 Cork Insulation Co., Inc. 19^5 23 Western Asbestos Co. 24 2 5 /Marine Engineering & 19^6, 19^7, State Compensation Ins 1 9 5 4 -195 8 , 1960- 1962, 1964-1966, ( ( 1 ay Cities Asbestos Co.,Ltd. 1948, 194-9 Industrial Indemnity 2 . T. Thorpe & Son 1948-1950 Pacific Employers Ins 3 estern Fibrous Glass roducts Co. *x he Industrial Insulators 5 ohns Manville Sales Corp. 6 7 Armstrong Cork Co. 8 [undet Cork Corp. 9 'horp Insulation Co. 10 lay Engineering Corp. 11 )wens Corning Fiberglass Jorp. 12 13 ?luor Maintenance, Inc. 14 Coast Insulating Products 15 Harold G. Lorentzen, Lorentzen Co. 16 Owen E. Leinio 17 San Jose Asbestos Co, 1 8 C. F. Braun 1949 Industrial Indemnity 1949 1949-1953 1957 1955 1962 Travelers Insurance C Travelers Insurance C Aetna Casualty & Sure .1953 1955 1 9 5 5 -1 9 6 2 ,* 1964-1966 ' Aetna Casualty & Sure Co. 1955-1957 1956 1957 1956 1957 1958 Continental Casualty Argonaut Insurance Co Pacific Employers Ins Industrial Indemnity American Motorists In 19 John Newkirk, Universal Insulation Co. 20 Armstrong Contracting & Supply Co. I 960 1961, 1963 21 Muldoon Co., Inc. 1961, 1962 Industrial Indemnity 22 2 3 M. R. Carpenter,Inc. 1962 Accurate Insulation Co.,Inc. 1962 24 2 5 Hickman B r o s ., Inc. 1963 State Compensation In State Compensation In Pac.Employers Ins. Co ( 1 3 . Applicant's earnings were maximum for both, tempo 2 permanent disability indemnity. 3 4. The injury resulted in temporary total disability period November 30, 1 9 6 7 , to and including May 31, 1 9 6 8 . 5 5. The injury resulted in permanent disability of 64 6 6. Applicant is in need of further medical treatment 7 or rSieve from the effects of the injury. 8 7 . Defendants failed to furnish medical treatment ne 9 to cure or relieve from the effects of the injury subsequent 10 26, 1 9 6 6 , after notice of need, and applicant incurred expens 11 therefor. 12 8. Applicant reasonably incurred medical-legal costs 13 $295.50. 14 9. The reasonable value of the services of applicant 15 attorneys is $1 ,5 0 0 .0 0 , 16 10. The Department of Employment paid UCD benefits ab 17 per week for the period December 2, 1 9 6 7 , through May 24, 196. 18 currently with temporary disability found herein. 19 11. The claim is barred by the Statute of Limitations 20 regard to temporary disability indemnity or medical expenses 21 period commencing prior to July 26, 1 9 6 5 . 22 12. Defendants have not been prejudiced by lack of no 23 the injury. 24 1 3 . The injury has not been caused by the serious and 25 misconduct of the employee. ( 1 Board upon filing of an appropriate request therefor, Jurisd 2 such proceedings being hereby expressly reserved. 3 AWARD *X AWARD IS MADE in favor of HENRY C. PUETZ against STA 5 SATION INSURANCE FUND, PACIFIC EMPLOYERS INSURANCE COMPANY, 6 INDEMNITY COMPANY, INDUSTRIAL INDEMNITY EXCHANGE, EMPLOYERS 7 ASSURANCE CORPORATION, LTD., TRAVELERS INSURANCE COMPANY, A 8 CASUALTY is SURETY COMPANY, CONTINENTAL CASUALTY COMPANY, ARG 9 INSURANCE COMPANY, AMERICAN MOTORISTS INSURANCE COMPANY, HAR 10 ACCIDENT & INDEMNITY COMPANY, GREAT AMERICAN INSURANCE COMP A'. 11 INSULATION CO., INC., MARINE ENGINEERING & SUPPLY CO., GEORG'. 12 AND E. GUNDSR, FIBREBOARD CORPORATION, THE INDUSTRIAL INSULA' 13 THORPE INSULATION CO., GAY ENGINEERING CORPORATION, OWEN E. ! 1 4 SAN JOSE ASBESTOS CO., JOHN NEWKIRK, UNIVERSAL INSULATION CO 15 ARMSTRONG CONTRACTING AND SUPPLY CO., jointly and severally, 16 follows : * 17 (a) Temporary disability indemnity at $70.00 per wei 1 8 the period November 30, 1967, to and including May 31, 1968, 19 $1,840.00 to the Department of Employment in satisfaction of 20 for UCD benefits. 21 (b) Permanent disability Indemnity at $52.50 per v/e* 22 ginning June 8 , 1968, and continuing for 256 weeks until the 2 3 of $13,440.00 shall have been paid; less $1,500.00 to Smith, 2 4 Paduck & Clancy as attorneys' fee. 25 (c) Further medical treatment to cure or relieve fr< ( (, 1 Dr. Leon Lewis and $80.50 to 2435 Webster Street Laboratory. o (f) Interest as provided by law. 3 ORDERS IT IS ORDERED THAT State Compensation Insurance Fund b 5 primarily responsible for the payment of compensation and costs 6 for the furnishing of medical treatment, as hereinabove awarded 7 subject to said defendant's right of contribution as provided 1 8 finding no. 14 above. 9 IT IS FURTHER ORDERED THAT Van Arsdale Harris Co. and 10 The Budlong Corp. be, and they are hereby, dismissed as parties 11 dant herein. 12 13 14 15 16 17 hg PUETZ 13 66 OAK 20668 RICHARD A. HICKMAN, Referee 19 20 SERVICE BY MAIL ON ALL PARTIES LISTED ON OFFICIAL ADDRESS RECORD: grp g iggg 21 22 23 24 .' ' INSTRUCTIONS Do not ^se this form in death cases. Use Form 16. Do not use in third-party cases. Use 17. -if ths injured employee be under 21 years of age and a guardian ad litem has not been previously appointed, a petition for appoint: of guardian ad litem and trustee must accompany this agreem ent j . The guardian must sign this agreement on behalf of an injured employee who is under 21 years of age. If the minor is above the agi 'such minor should also sign this agreem ent ; Attach all medical reports not heretofore submitted to the Workmen's Compensation Appeals Board and advise when other reports we COM PROM ISE AND RELEASE W O R K M E N 'S C O M P E N S A T IO N ; A P P E A L S DIVISION O F INDUSTRIAL ACCIDENTS DEPARTMENT OF INDUSTRIAL RELATIONS STATE-O F C A L IF O R N IA /^ BOARD CASE N O . _ L 6_ _ 2 M _ J _ : SOCIAL SECURITY N O . ^ L 3 2 - l _ 2 _ - 4 1 8 j L _ (Mr.) HENCY C. P_UETZ__________Rt. 2 / B ox 101-D, O a k l ey, C a l i f: APPLICANT A O D R ttt C .F. BRAUN, et al__________________ CONNECT NAMB OP BUNLOTCN AMERICAN MOTORISTS INSURANCE CO., etal The parties hereto, for the purpose o f compromise only, hereby subm it the follow ing agreed statement* o f fact: Henry C. Puetz _, em ployee herein, b o m on__ ----------------I W 7 -- claims that he was employed on the^*L!? day o f ___________________ 19-------- .at_ Various (WONTM) (TEAR as i -- asbestos worker______ Various Employers (OCCUPATION) fN AU( OP KMPUOTKP) w orkm en's compensation liability b y -- Various Insurance carriers Places in Ca im-i -th en insure. ir he sustained an injury arising o u t o f and in the course o f his em ploym ent as fo llo w s:----- ??.y ^ --. medical reports on file with the WCAB.____________________________ The actual weekly wages o f the employee at the time o f injury were $-- ----------, while the average w eekly m-jg< $------------------- 3. T he em ployee's present disability is._ in dispute TATCPACPBMTOISAPILITTRUUkTIM PNOM TUB INJURY) a n d th e em ployee- .returned to w ork___ <|P SO. TATI WMIN) 4. (a) Temporary disability indem nity has been paid to the employee in the sum o f $-- ----------- a t $---------------- ------- p c b e g in n in g ______________ to and in clu d in g___________________ _ T he am ount due and unpaid to th e em ployee is $_____ (b ) Permanent disability indem nity has been paid to the em ployee in .th e sum o f $A 5 ^ ? _ * _ 9 ^ io v e r in g period--------------to . t TV ,. v .r.b v r n P ttle j n v a n d a ll c la im s o n a c c o u n t o f said iniurv bv the D a v m e n t o f t h e s u m nf * 8 2 8 0 . 0 0 ' , S m i t h , P a d u c k , C l a n c y & WRIGHT 7. X.imi and address of employee's attorney, if any..... I Q 5-14t h . . . S t r e e t , . . . O a k l a n d x . C a l i f o r n i a ........ . Said attorney requests a fee of $..7.5.0..:J7.Q.__________Amount of attorney fee previously paid, if any, $------ N.QD,._. 9. Reason for Compromise__T h e . . p a r t i e s . , w is h ....to ., c o m p r o m l s ^ ^ AQE/COEf n a t u r e a n d e x t e n t o f d is a b ility ......n e e d .._ f .p r...f u tu r e med i c a l t n a n d . . . s t a t u t e _ _ o f . . . l i m i t a t i o n s ^ . _________________ _________________________________________ 10. The undersigned request that this Compromise Agreement and Release be approved. 11. U pon approval o f this Compromise A greem ent b y the 'Workmen's C om pensation Appeals Board or a Referee, and pa accordance w ith the provisions hereof, said employee releases and forever discharges said employer and insurance carrier claim s and causes o f action, w hether n o w know n or ascertained, or w h ich m ay hereafter arise or develop as a result o f sa including any and all liability o f said employer and said insurance carrier and each of them to the dependents, heirs, < representatives, administrators or assigns o f said employee. ' \ I t is agreed b y all parties hereto th a t the filin g o f this d ocum ent is th e filin g o f an application on behalf o f the employee, th e V .C .A .B . m ay in its discretion set the m atter for hearing as a regular application, reserving to the parties the right issue any o f the facts adm itted herein, and th at if hearing is held w ith this docum ent used as an application the defend have available to t h e n all defenses th a t were available as o f the date o f filin g o f this document, and that the W .C j thereafter either approve said Compromise A greem ent and Release or disapprove the same and issue Findings and A w hearing has been held and the m atter regularly submitted for decision. 13. For the purpose o f determining the lien claim filed herein for the unem ploym ent compensation disability benefits which 1 paid under or pursuant to the C alifornia U nem ploym ent Insurance Code, the parties propose the follow in g division o f the su upon for settlem ent and release o f this case; SE E ADDENDUM $ . .. ..______________for tem porary disability covering the period------------------------------------------------- to. $___________________ for accrued m edical expense paid or incurred by the employee. $___________________fo r future m edical care. $___________________fo r permanent disability. (T he above segregation must be fair and reasonable and m ust be based on the real facts of the case. There should be no ADDENDUM TO COMPROMISE & RELEASE AGREEMENT HENRY C. PUETZ v. C. F. BRAUN, et al 66 OAK 20668 . Carrier Pro-Rated Amount Signature Employers Liability Assurance Corporation, Ltd. Industrial Indemnity Company itate Compensation Insurance Fund 'acific Employers Group Fibreboard Corporation Travelers Insurance Co. Aetna Casualty & Surety Co. Continental Casualty Company 2,541.96 is * SEDGWICK, d e t e r t ,m o r a n &a r : S -6 Z 7 :. Argonaut Insurance Co. American Motorists Insurance Co. Hartford Accident & Indemnity Co. Great American Insurance Co 66.24 H A N N A x> /) CLAIM NO. 66 OAK 20668 HENRY C. P U E T Z REFEREE: Richard A. Hickman * BRAUN et al* and MOTORISTS INSURANCE COMPAN Dictated: October 2, 1969 INJURY: from 1945 through November 29, 1967 I INTRODUCTION Asbestos worker, born April 25, 1 9 0 7 , alleges injury to his 1, consisting of asbestosis as the result of harmful exposure during various employments in California during the period 1945 through 1967. . In the Findings and Award, issued on September 8 , 1 9 6 9 , it wai found that applicant has sustained compensable injury consisting asbestosis during various employments by various employers durinj the period 1945 to and Including November 29, 1 9 6 7 . Compensation awarded for temporary total disability beginning November 3 0 , l9( through May 31, 1968, and for permanent disability of 64 it w< also found that the claim was barred by the Statute of Limitatio: only with regard to temporary disability and medical treatment fc any period of disability beginning prior to July 26, 1 9 6 5 . it Wc further found that the injury was not caused by the serious and wilful misconduct of the employee. Timely Petitions for Reconsideration have been filed on behali of various defendants contending primarily that applicant is not entitled to an award for compensation benefits because the claim barred by the Statute of Limitations, and that the amount of any contended on behalf of Aetna Casualty and Surety Company and Mundet Cork that Mundet Cork should have been dismissed because applicant's employment by said employer was outside of California. II DISCUSSION Statute of Limitations Applicant testified that he first began to experience lung proble including shortness of breath, in about 1 9 6 1 , that he was hospitaliz many.times for this problem thereafter, that he was treated by Dr. Crantz and had periodic chest x-- rays by Dr. Coate. Applicant further testified that he first quit a Job because he could not perform the climbing work involved because of shortness of breath in 1965 when he was working for Plant Asbestos. The social security records, how ever, indicate that applicant did not work for Plant Asbestos in 196 and that he last worked for said employer in 1964. In his Deposition applicant testified (page 9) that Dr. Crantz told him in about 1962 to get out of the business and that it was harmful to his health. Ke further testified (page 1 0 ) that he lost an average of two months of work per year and that Dr. Crantz told him four or five times that he should get out of that type of work. Applicant further testi fied (pages 12 and 13) that he was examined at U.C. in 1964, that a report of the examination was sent to Dr. Crantz who told applicant it indicated what Dr. Crantz already knew, that applicant had .emphysema or asbestosis of the lungs. The application herein was fi.1 on July 26, 1 9 6 6 . It was concluded that applicant had suffered dis ability as a result of asbestosis more than a year prior to July 26, n __J u 4a a f V k O W I r n A t i l PIT> I n t h e e v e r M s e rtf' rpp Renat- ( ( and certainly by 1964. It would seem clear, however, that applicai should have an enforceable cause of action for an Industrial Injur: occurring within one year of the date on which the application was filed. There does not appear to be any reason why applicant's cla; should be barred to the extent that it is based upon any period of exposure during employment subsequent to July 26, 1 9 6 5 . Applicant': claim alleges an injury which is cumulative in nature. The medical evidence, including the report of Dr. Horton C. Hlnshaw, Jr., datec October 8 , 1 9 6 8 , (exhibit D-l), filed on behalf of State Compensatj Insurance Fund, indicates that applicant's asbestosis and present disability is attributable to applicant's continuing harmful exposi subsequent to July 26, 1 9 6 5 as well as to exposure during various periods of employment prior to said date. On the basis of the prir ciples set forth in the decisions in Miller vs. WCAB, 33 CCC 68, an Burris vs. Southern California Rapid Transit District, et al., 33 C 419 applicant's claim for permanent disability and for the tempora disability found herein should not be barred by the Statute of Lirai tations. Although the cited cases did not involve an occupational disease, the theories are equally applicable to an occupational dis ease case which by its nature is a cumulative injury. Under the pr visions of Labor Code Section 3412, not one, but numerous dates of injury might be found on the basis of the history of applicant's various employments and recurrent periods of disability. The Statut of Limitations should not be a bar to applicant's recovery for dis ability which has resulted from the cumulative effects of his vario periods of exposure. Serious and 11 fnl miennn/liiAt' ---- ( ( Of continuing to work as an asbestos worker after being advised b- physician that such employment would be harmful to him. Applicant fied that he has worn a respirator whenever he worked with asbestc in California. There is no indication that applicant performed his any different than any other by nis various employers. It employee or is apparent in a that t manner not anticipat applicant knows no other than insulation work and that, to give up his trade would be face starvation or, at best, becoming a Welfare case. Applicant's duct in this situation does not constitute serious and wilful mis conduct. Form of award State Compensation Insurance Fund protests the form of the awar in that said defendant is required to pay the benefits awarded and seek reimbursement in subsequent proceedings. This is the proper ] cedure in cases Involving cumulative injury with multiple defendant: as set forth in the decision in Burris vs. Southern California Rap< Transit District, et a l . . 33 CCC 419. Dismissal of Mundet Cork Defendants, Aetna Casualty & Surety Company and Mundet Cork, cor that Mundet Cork should have been dismissed since applicant testifi that his work for Mundet Cork "was back East" and that "he was hire East for that job." Applicant's testimony indicates that he first c California in 19^5, but went back East in 1948 for 2 years. He retu to California in 1950 for 2 years and then went back East again unt 1954, when he again returned to California. The social security re indicates that applicant was employed by Mundet Cork in the fourth < of 1953. and also 1n fchi nno'w+'tt. I-.f inCo fill____ ( f employment by Mundet Cork was found to be only m RECOMMENDATION; 1962. Deny defendants' Petitions for Reconsideration. hg 66 0 3k 20668 PUETZ r.! n ,, , : SERVICE BY MAIL ON: r^ *. .u --- " 'n .............. RICHARD A.HICKMA, Referee H a ^ y i r o p h y l 1540San Pabl^Avre^ o i S a n d f c a n f ^ Q ? ^ ! " . (ror Argonaut Inauranoe Company * uallr' 94612 Travelers Insurance Company American Motorists Insurance Company M< ? at Amerlcan Insurance Company) akla' seag aLt 941M (for Hartford Accident & Indemnity^CompAySan Prancisco> CA 9^ _ , Aetna Casualty & Surety Comoanv) t o f p L 1??; a5* f1" s t -> sn Francisco, Calif. gkloK T?rnn4 ?r ^acific_5mPlyrs Insurance Company) U o r Industrial inleJliy c S S i * * ' " Prancisco> CA 94104 Industrial Indemnity Exchange) e(firPp i b ^ t o a r ? S p o r 4 t o i ) SUtter 8 t - San ~ * 6- 9410 State Compensation Insurance Fund. P n ttnv i o m _ (SS!SSfSf H f - yIn-'4 i8 ) - Box i85f* 0akland' ( c O: r:*:*/**'* 3-* iI V* ?**H*# *i i j -** BEFORE THE WORKMEN'S COMPENSATION APPEARS BOARD THE STATE OF CALIFORNIA ' HENRY C. PUETZ, Applicant, vs. C. F. BRAUN, et al Defendants. Claim No. 66 OAK 20668 PETITION FOR RECONSIDERATION Defendant Fibreboard Corporation herewith petitions for reconsideration with respect to the Findings and Award served September 8, 1969 upon the following grounds: 1. That the Board acted without or in excess of its powers; 2. That the evidence does not justify the find ings of fact; 3. That the findings of fact do not support the order, decision or award; and . 4. That the order, decision and award are not supported by substantial evidence based upon the entire record. _ .1__ -- T i ^ X*-- ^ c ( early as 1 9 6 2 , lost time from work because of it, claimed that it was apparently related to his work and consulted his present counsel in that year, although an application for benefits was not filed until 1 9 6 6 . In support of defendant's position that the case is clearly barred by the statute of limitations, defendant adopts and incorporates herein as Exhibit A the Memorandum of Points and Authorities submitted by counsel for Hartford Accident & Indemnity Company and Aetna Casualty & Surety Company, dated December 9, 1 9 6 8 . Defendant further submits that in any event any finding for the applicant should have been decreased.by 50# because of the employee's serious and wilful misconduct in continuing in employment in conditions injurious to his respiratory system, although advised by his physician that this type of work was harmful. With respect to this facet of the case, defendant adopts and incorporates herein as Exhibit B the Points and Authorities Regarding The Serious and Wilful Misconduct of the Employee submitted by counsel for State Compensation Insurance Fund, dated December 6 , 1968. Defendant submits that no defense of the statute of limitations could be more valid than- in this case where the applicant supplied his attorney years before the filing of the application and after he had lost time from work because of the injury, with a medical report with his and therefore this stale complaint is clearly barred by the statute of limitations. WHEREFORE, defendant prays that reconsideration be granted and without further proceedings, an order issue directing that applicant take nothing. Dated: September 16, 1969. Respectfully.submitted, Brobeck, PHleger/ & Harrison Attorneys for Defendant (( <(' VERIFICATION I am one of the attorneys for the defendant named in the foregoing Petition For Reconsideration and make this verification on behalf of the defendant for the reason that the facts stated therein are within my knowledge. I have read the said Petition For Recon sideration and know the contents thereof and the same is true of my own knowledge, except as to the matters which are therein stated on information and belief and as to those matters I believe it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, this l6 th day of September, 1 9 6 9 . ( ( 'i 1 SEEE-riCK, DETER?, KORAS & ARROW) Attorneys at Lav/ 2 111 Pir.c Street, Eleventh Floor an Francisco, California 94111 3 elnpkone: 932-0303 i-3 en 4 .Attorneys for Defendants 5 6 BEFORE THE WORKMEN'S COMPENSATION APPEALS BOARD 7 OF THE STATE OF CALIFORITIA 8 9 HENRY C. PUPJTZ, ) . ) 10 Applicant, ) VCAB Case No. 66 OAK 20563 11 -vs- ) ) MEMORANDUM O? POINTS AND ) 12 PHILIP CAREY MFG.,C O . , ) AUTHORITIES et a l ., 13 ) ) Defendants. ) 14 _______________________________ ) 15 16 Applicant, by his application filed herein on 17 July 26, 1966, alleges lung disability as' a result of his e;:, 18 ment for the period 1245 through 1957. 19 The evidence on file herein clearly shov/s that 20 applicant v;as disabled and had knowledge of the reason for h 21 disability at least one year prior to the filing of his apnl 22 Therefore, applicant's claim is clearly barred by the statut 23 Limitations. 24 PO IN T S AMD AUTHORITIC S 25 ( ( 1 L abor Code 55412 2 3 4 5 - 6 The date of injury in cases of occupational disease is that date upon v:hich the e::.ployee first suffered disability there from and either knew, or in the ' exercise of reasonable diligence should have known, that said disability was caused by his present or prior employment. 7 8 It is a well settled princial that injury in occupational disease cases is v/hen the accumulated effects < 9 deleterious substance manifest themselves, and this would b 10 11 v/hen the employee becomes disabled and entitled to compensn 12 that is v/hen under the well-established meaning of the term "disability" as used in compensation law, there is a cembin; 13 of partial or total physical incapacity and inability to wo: 14 Associated Indemnity Corporation vs. Industrial Accident O 15 124 CA 378. . 16 "The Statute of Limitations commences to run \ 17 the employee suffers work disability and knows or in the 18 exercise of reasonable diligence should know, that he is 19 20 suffering from a disease or injury caused by the employment 21 Argonaut insurance Company vs. Industrial Accident Commissit 2 8 CCC 1 7 5 . 22 23 ARGUMENT 24 2 5 Dr. Crantz's records indicate that applicant r e ') 1 began six days ago and developed productive profuse cough v:i 2 a' v;hole cup of sputum this morning which he d e s c r ib e s a s r.i: 3 On May 14, 1952, tho doctor reports, "There are still rails 4 the base bilaterally: and coughing less? some pain in the 1 c 5 anerior chest wall due to coughing." 6 On May 21, 1952, the doctor notes, "much imp: 7 still rails in the right base, will keep off work until jun: 8 ` The above'entries clearly show tiiat the appli 9 was off work because of his lung disability as early as May 10 1952. on February 2, 1963, Dr. Dowell in these same records 11 states that "he is to see the consultant in Oakland soon abi 12 his chest for his attorney, I told him it would be a good id 13 to get his films and he could use our EKG if he desires." 14 Therefore, by these records, it is clear that in 1953 the an 15 cant had knov/ledge that his disability was related to his 16 employment, and he in fact was to see his attorney about his 17 chest condition. 18 The fact that applicant had knowledge that hi 19 disability was related to his employment is further evidence 20 by Dr. Cote's report dated February 17, 1952. Said report h 21 been made a part of applicant's deposition, which is on file 22 the Commission and concludes: 23 "Pulmonary occupational disease, probably asbestosic." 24 Applicant explains the note on the bottom of 25 \ ( 1 ' There is no q u estio n but th a t ap p lican t had 2 r ep o rt in h is p o s s e s s io n and, in f a c t , w rote on th e hotter.' 3 th a t rep ort a note t o h is a tto rn ey , Jos Sm ith. The rep o rt JL a p p l i c a n t ' s n o te th e r e o n i n d i c a t e s t h a t a p p lic a n t had kno'.d 5 th a t h is d i s a b i li t y was r e la te d to h i s employment back in 1 6 w hich v a s seme fou r y e a r s p r io r t o th e f i l i n g o f th e a p p lic 7 h e r e in . 8 . Further ev id en ce o f a p p lic a n t's knowledge ol 9 d is a b i li t y b ein g r e la te d to h i s employment i s on Page S ix , 10 lin e s 1 through 15 o f h is d e p o s itio n where he in d ic a te s thr 11 has had knowledge o f h is c o n d itio n b ein g r e la te d to h is 12 employment fo r some p e r io d o f tim e and, fu rth erm o re, he s w 13 th at he has been h o sp ita liz e d perhaps eig h t or nine tim es 14 b e c a u se o f h i s lu n g c o n d i t i o n . On page 7 , l i n e s 5 th r o u g h IE the a p p lica n t again in d ic a te s th a t lie has had x -ra y s fo r h: ie lung co n d itio n sin c e 1957 and, in fa c t, th e x -ra y s were pa5 17 fo r through a union arrangem ent. A p p lican t acknow ledges li r e c e iv in g c o p ie s o f th e s e x -r a y r e p o r ts from Dr. Cote v h ic li on f i l e w ith th e com m ission, on Page 9, lin e s 9 through U 2( h is d e p o sitio n , a p p lic a n t'fu r th e r d is c u s s e s h is knowledge c 21 h is lung c o n d itio n b e in g r e la te d t o h is employment and sta t 21 t h a t a s e a r ly a s 193?. D r. C rantz t o l d him t o g e t o u t o f the 21 b u sin ess. 2- On Page 9 , l i n e s 22 th rou gh p s g s 1 0 , l i n e 4, m J .V _ J. V a V - * c T c * v \ n r\~ y C ) ( 1 2' 3 4 5 6 7 8 9 10 11 12 work? A. Some, I d o n 't know hov; much. Kot to o much. 0 - was th e r e some vork you c o u ld n 't do b eca u se o f sh o rtn ess o f breath? A. W ell, I 'v e g o t so I c a n 't h a rd ly work . now. They f i r e ms e v e r y tim e I g e t a jo b . I c a n 't do a n y th in g . Q. Have there been any jobs th a t you have a c tu a lly had to q u it because you haven't been able to do it ? A. Y es, g o in g up in th e a ir and t h a t , wo do a lo t o f work in th e a ir . I c a n 't c lim b . Q.. When d id y o u f i r s t h a v e to a ctu a lly q u it a job because you f e l t you c o u l d n ' t do i t ? A . Way back in 1955. I'd say back in 1965. Q. Who w ere y o u w o r k in g f o r th e n ? A . W estern A s b e s t o s . Q. And w h at was the nature o f th e work th a t you co u ld n 't do? A. I t was on the tow ers a t Stan dard o i l . Q. And why c o u l d n ' t you do th e job? A. Because I co u ld n 't clim b. That was P lant A sbestos in stead o f Vies t e r n . " . 13 The S o c i a l S e c u r it y r e c o r d s on f i l e h e r e in in< 14 th a t a c tu a lly a p p lic a n t was employed by P la n t A sb esto s durin 15 th e q u arter ending December 3, 1954, and a s th e a p p lic a tio n 1 16 file d July 26, 1966, c le a r ly th is d is a b ility predated the 17 f i l i n g o f th e a p p lic a tio n by more th an one y e a r . 18 19 COYCLUST.OS 20 I t i s su b m itted th a t th e m ed ica l reco rd s and 21 a p p l i c a n t ' s d e p o s i t i o n i n d i c a t e t h a t h e h a s had p e r io d s oj. 22 d i s a b i l i t y from tim e t o tim e s in c e 1952 w nich i s approxim ate 23 four y ea rs p rio r to th e f i l i n g o f h is a p p lic a tio n . The reco 24 i s c le a r th a t a p p lic a n t h as been aware th a t h is lun g problem 25 v;are cau sed by h i s employment a s an a s b e s to s w o rk er. As  ( t 1 Labor Code sections cited above applicant's claim is barred 1 2 the Statute of Limitations. ' 3 Respectfully submitted, 4 HERTFORD ACCIDENT & INDEMNITY CO: 5 AETNA CASUALTY & SURETY COMPANY, Ey Their Attorneys, 6 SEDGWICK, DETERT, MORAN ARNOLD 7 8 DATED: DECEMBER 9, 1968. 9 BY t/ a ; 'Y- William R Thomas 10 PARTIES SERVED: ' 11 HARTFORD ACCIDENT & INDEMNITY COMPANY, Oakland 12 AETNA CASUALTY & SURETY COMPANY, Oakland 13 SMITH, PARRISH, PADUCK & CLANCY, Attorneys at Law, Oakland 14 PACIFIC EMPLOYERS INSURANCE COMPANY, San Francisco, ATTN: NORMAN KAYS 15 CONTINENTAL CASUALTY, San Francisco 16 ATTN: JONH V7ILKES 17 BROBECK,. PHLEGER & EARRISON, Attorneys at Lav;, San Francisco ATTN: RXNALDO SCIARCNI, JR. 18 STATE COMPENSATION INSURANCE FUND, Oakland 19 KIERMAN & MISCIAGHA, Attorneys at Lav;, San Francisco 20 HANNA & BROPKY, Attorneys at Law, Oakland 21 ATTN: JAMES MCMILLAN 22 ALEXANDER lUiENAN, Attorney at Lav;, San F r a n c i s c o 23 24 25 a i i 1 BEFORE THE WORKMEN'S COMPENSATION APPEAL! 2 OF THE STATE OF CALIFORNIA LEP i ? iSSS 3 CLAIM 66 OAK 20668 iVa-Fo*I L EOrLMC; 4 HENRY C, PUETZ, 5 Applicant, 6 vs. 7 INSULATORS & ASBESTOS INDUSTRY CALIFORNIA, LOCAL l6 and STATE 8 COMPENSATION INSURANCE FUND, POINTS AND AUTHORITIE! REGARDING THE SERIOUS AND WILFUL MISCONDUCT OF THE EMPLOYEE. 9 Defendants. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section ^551 of the Labor Code of the State of California sets out as follows: "When injury is caused b y the serious and wilful of the injured employee, the compensation other wise recoverable therefore shall be reduced one half, except (none of the exceptions here a p p l y ) ......" ; The evidence in this case shows, through the depots i of the applicant, Henry C. Puetz dated November 8, l$o8, the following: ' ' On Page 9, line 9*. Q. When you were originally treated b y Dr. Krantz you ever have any discussion with him about your difficulty? A. You mean my lungs? Q. Right. ;; A. Yes, he told me to get out of the business. He said its harmful to my health. . q . Did you mafce any attempt to try and get out or N O OIlO ^'.1 e" O v-r rvti i V \: r '. li'-v-it li c: l. to N > W rGt Ud ao o P H Vi fi rCi-' eh o tJ o I- f.-1 j. s o o *1 o S Ceit; c q <Zii i-t O 1 . H > o P-* I! co o Vi I g o [j I-i 3 r* HCi* H Ci ti o I-* e ff l 8 r*1 H ?. & e CO o W pi pi a ci* o fi p Ci Vi p i; < >- ti :r o Ci a e pj WCiB <1 Ci r H U e fi `i u> a o p* w e: o , * I p No* fi ci* K n o e: f> o y t-* %n e* P. *j et c *-i C3* O K* : CJ h r> Ci Pi. !J oeh eh O foJ* CJ o o* *-1 eh P* fi o Pi IA o p J-i o M P1* e v M o H q y t; o y u co l'i o o VJ eh H o o P'* o o tJ po p. - o C** ci* Vo. a of J /: u o o n4 *-b cP o 0 13" o 01 (J ;e (e..:. o o 'e `rCJi *-* 1-1 P 0 ao v> CI o o -a Ci ' fV o o eh r? eh 1* O P*` fi il ola li re I HM* Ch (l o o o o Si li g pi 8 o e? 1-3 pi' c> o co B' o V I p. co e! Pi o Pi. p* o Ci t-J o co Hi O' p J-* re O g ; fi C.i f . ci* q e. O oi t-J i-J O C h Ci eh 3 a o O o pf j hi li* co H* Vj P-* W O Ch fi Ci *-? OVi o eh 8 CJ l q i ti o pj` t * e 9i C^ cfCO 1eh? O eh fi 0' u !- o ti O fe.h O b eh r>` Cj 0Ci o* (J ti eh O W K O rr r* 5u? ti Ji co fi P-. O Ci eh l'i O HR Ci lA tr cf o #-* rj P 11 o r>* re eh CJ li te C) n el eCii a K* re ci* r>' fi ti- ti : p>i l c> W b *3 o* p o s? 1H o a e:* Ci O B ri-e* p o o r fi' co o fi ti ,.j o c`.- co vj cr> Ui C* Oi W P-* at Fi' fcii to o rj rt*i CJ 0 1-0 f-T ti Cr .rS f1'. ; <*: o Ch I-* o o O P i; vf> o (li rr *-.< tu * a l i vc>o o a ri !- fi fi o O flii- ci o ti fj el-h*. HO r>* fj r p. li Pi r i '*i o I-* ii.1 p o *> i io l ; p-' pi<3* Ci M V ii 3 5 fj c> ti tfi o p i' ; -* e* rCoi pof Ci li fi !- ?>1 Mi ; fi : J t- J ff i-j I-* t) e o f> fo.* eh Ohi O i vi H t. O ;r $. o e."' o ti o a 1 - Henry G. Sanford, Esq., 71*!- Hobart Blog., San Francisco, Calif. 2 - S. Norman Hays, Esq., 244 Pine Street, San Francisco, Cal - Sedgwick, Detert, Moran & Arnold, Attorneys at Law, 111 F 3 Street, San Francisco, California -'Kiernan & Misciagr.a, Attorneys at Law, 142 S ans or.a St., 4 San Francisco, Calif. ' - Hanna & Brophy, Attorneys at Law, 1540 San Pablo, Oaklanc. 5 Calif. * _ Robert C. Taylor, Esq., 233.Sansome Street, San Francisco G Calif. _ j. Patrick Goodwin, Esq., 41 Sutter Street, San Francisco 7 Calif. / William R. Thomas, Esq., 220 Bush Street, San Francisco, 8 Calif. - Brobeck, Phleger & Harrison, Attorneys at Lav;, 111 Sutter 9 Street, San Francisco, California. . 10 11 12 13 fit ( ( RECE/v DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION O F IN D U STRIA L A CCID EN TS FEB 2 G135; WORKMEN'S COMPENSATION APPEALS BOARD p-, l. r c STATE OF CALIFORNIA -------------- --- ANSWER of_ .THE EMPLOYERS' LIABILITY ASSURANCE CORP HF.NRX-C. -PHETZ- ________________ INJURE EMPLOYEE) Route 2, Box 101-D Oaklev. Calif. Case No. 66 OAK 20668_______ Date of alleged injury: 1945 through vs. PLANT ASBESTOS COMPANY_________ ' (CORRECT NAME OF EMPLOYER) THE EMPLOYERS LIABILITY ASSURANCE CORP. L O T I TM " 0 ' 1300 64th Stv Emeryville, Calif . (EMPLOYER'S A M M U S I _ . 235 Montgomery St.r San Franciscu . ( INSBANCS CANNISI' AN OH IN ) Calif 0 1 1 1 ] (CSATIflCATS NUBBIN IF U IF -IN S U I(D > ANSWERING DEFENDANTS deny the allegations of the Application as indicated below with such explanations as ex' pressly set forth and admit all other material allegations. DENIALS ( BANK S IF ALLEBAYION IN DIBISD) _X________ Employment _X________ Occupation -- X________ Injury EXPLAIN BELOW ( IF OSBIAL IS BASIS OK OATS ON FA IT OF BOOT IBJUNSD. I I F U I B FULLY) --X-- --X-- --X-- --X-- Insurance coverage Liability for self procured treatment Liability for future medical treatment Medical-legal costs Admitted for Plant Asbestos Co., during years <CHICK IP EMPLOYER MAS K E N NOTIFIED TO APPEAR AMD DCPVNO) 1963 X 9 6 --X-- -X-- --X.-- Earnings Periods of disability Permanent disability (0IVE U S T OAY WORKED AND CORRECT OATE OP RETURN TO WORE) ------ Afrpegfe-ionment-------( IP AlfrM YJONM tNT IS CLAIMED. SO STATS t IT IS FURTHER ALLEGED: 1. Defendants have paid disability indemnity in the total amount of $ None_____ at the rate of $__________a week beginning_______________________ through_________________________________ plus___________________________________________________ 2. Affirmative defenses and other matters: 1. Statute of Limitations___________________ 2. Lack of N o tic e *