Document 3JDq3RVb5vX1mV0wQ2eZjy6rx

FILE NAME: Contract Unit W orkers Comp Claims (WCC) DATE: 1962 DOC#: WCC062 DOCUMENT DESCRIPTION: W orkers Comp File - Greischar, Paul J File Name Contract Unit Claim File: Paul J. Greischar Apr. 24/62 Scanned ? yes Source JMA: NS-JM Start Year 1962 Stop Year 1962 Contents claim Notes WORKERS' COMPENSATION* APPEALS BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSION, prior to 1956) APPLICANT PAUL J. GREISCHAR_____________________ _ CASE # OAK 8188 Asbestos Worker_______________' _______ DATE CLAIM FILED April 24, 1962_________ INJURY ALLEGED Asbestosis_______________________________ ___ ALLEGED DATE OF INJURY 1942-present __________________ ___ EMPLOYER/INSURER Plant Rubber & Asbestos Works, et. al. including J-M S.ales/Travelers No apparent Canadian carrier_______________ OTHER NOTES "Severe pulmonary emphysema... raises the possibility of t asbestosis" Dr. Hinshaw report of Oct. 4, 1965 to State____ Comp. Ins. Fund_____________________________________________ "Asbestosis... severe pulmonary insufficiency..." Dr. Eaton report of May 31, 1962 to applicant's attorney_____________ DATE OF RESOLUTION March 17, 1966______________________ RESOLUTION Compromise & Release $8,735 settlement apportioned among 1 employer/11 carriers DOCUMENTS COPIED ^ Compromise & Release * 0 ^ PAGE I CLAIMANT _____P & \L I___ (rr-g -i-s c iia ir__________________________ n California Workers' Compensation Appeals Board CARRIERS INVOLVED: The AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. American Employers Ins. Co. American Motorists Ins. Co. oArgonaut Ins. Co. oAssociated Indemnity Corp. California Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. oCasualty Ins. Co. of California oEmployers Liability Assurance Corp.Ltd. Employers Mutual Liability Ins. Co. of Wisconsin ,, Fidelity & Casualty Co, of New York oFireman's Fund Ins. Co. oGeneral Accident, Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co. oGreat American Ins. Co. oHardware Mutual Casualty Co. (Sentry Ins. Co.) Industrial Indemnity Co. olndustrial Indemnity Exchange olnsurance Co. of North America Liberty Mutual Ins. Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. Michigan Mutual Liability Co. oMission Insurance Co. oNational Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers Ins. Co. oPacific Indemnity Co. oReliance Ins. Co. (Standard Accident Ins. Co.) oRoyal Indemnity oSecurity Ins. Co. of Hartford (U.S. Casualty Ins. State Compensation Insurance Fund Co.) oTransport Indemnity Co. The Travelers Ins. Co. oThe United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. oZurich Ins. Co. o_______________________________ ^_____________________ _ o ________________________________________ o ______________________________________________________________________ o ______________________________________________________________________ o _____________ 5/81 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 PAUL J. GREISCHAR 4 C ase No. 62 OAK 8188 5 Applicant 6 vs. 7 PLAUT RUBBER & ASBESTOS WORKS et al 8 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 records' 13 of this office in the above-entitled matter. 14 ATTEST my hand and the Seal of the Workers' Compensation 15 Appeals Board of the State of California. 16 17 18 19 20 21 Bated at San Francisco, California, this day of April, 1981 0RAMTMBHV o r INOUITNIAL DILATION* o iv i*o h o r m o u w u M . a c c id in t i 1 fir>CC;1iCick ~u. *c V t;. I' - r. ' , 1* SMITH. PA RRISH . PA D IJC K Sc C LA N C Y l ViO!Kv.IHS CC"5-: .1 .PPcAIS ?.o ~ BEFORE THE ViORJulEN'S COMPENSATION APPEALS BOARD 2 0? THE STATE OF CALIFORNIA 3 PAUL J. .GAIISCEAR ) i4 Apolicar.t 5 CASE 1:0. 52 OAK 8l6o c o ;e?r o :z s e a :.o r e l e a s e 76 !i PLANT RUBBER and OTHERS, E ASBESTOS 'FORKS ) Defends nts ________ AGREEMENT i8 i 9 The parries hereto, for the purpose of compromise only, 10; hereby submit the following agreed statement of facts: ;i n ;j 1. Paul J. Greischar, employee herein, born September 11 121 13 14 i< 15 *S20 im TM ' " S2f 17 cot<jUZo<JSL I*D < 55*Jo w c 19 claims that he was employed in California and other states whs: the place of hiring was California during the years 19^3 throu: July 1, 1965, at a variety of places by various employers, dure which period he sustained an injury consisting of pulmonary an: chest disability, the nature and extent of -which is more fully forth in the medical reports of record, which are hereby inccrt atea by reference as if set out in full. During such period of employment as described above, apple 20 was employed by certain employers whose names or their insurant 21 carriers during such periods are set forth below. 2232:!!!ii| 24 ;i 2 5 :: 26'!1 27 i 28 j 29,. 2. The actual weekly -wages of the employee at the time of injury were sufficient to entitle him to a maximum weekly comps sation rate. 3. Tne employee's present disability is in dispute. The applicant has returned to -work and is working on a part time basis. A. (a) No temporary disability has boon paid and it is a; shat applicant's condition became permanent and stationary for il30 i permanent dissbility purposes as of July 1, lyop. 31 I (o) remanent uicsbility in .enmity has not been par. 32! ew.ploy -0. ( i FA D U C K 6c C L A N C Y .1 5- The parties hereby agree to settle any and all claims on 2 account of said injury by the payment of the sun of $8,735.00; . 3 siad sum to be paid by the following entities and in the amounts 4 stated below: 5 Aetna Casualty & Surety Company tl.200 6 American Employer Insurance Company 7 State Compensation Insurance Fund 625 330c 98 Travelers Insurance Company 17c American Motorist Insurance Company 2pC 10 Fidelity & Casualty Company of IOC Now York 11 Liberty Mutual Insurance Company IOC 12 13 14 15 16 i 17 IiI 18 i California Casualty Indemnity Exchange 21 Pacific Employers Insurance Company 50C Employers Mutual Liability Insurance 36f Company of Wisconsin Plant Rubber & Asbestos Works llp( Industrial Indemnity Company TOTAL 95< $b',73; The above stated sum of $8,735 is to be paid to the applicant 19 in one lump sum, less attorneys fees and litigation costs of 20 $309.25 consisting of the following: 21 Dr. J. Lloyd Eaton 22 Palmer Multigraphing $268.00 1.25 . R3 24 25 2 6i:|| 27'!iIi! 28 29 !'|i California Inspection Rating Bureau 2.00 Bureau of Old Age*Survivors for Social Security Records TOTAL 37.00 0^69.25 6 . The amount of medical and hospital expense incurred or paid by the employee is in dispute, as is the amount of unpaid cil Unpaid and future medical and hospital expennee are to be assumed by the enployee, applicant herein. 30 N 7. The name and address of employee's attorneys, Smith, Parr 31 rcr. uc & Clancy, financial Center Builaing, Oakland 12, Calif. 32 Said attorneys request fee of v'o7r-0C. of >! IMITH. ( s .1 attorneys fees previously paid, if any $0 . 2 9* The reason for compromise is that tr.ere is a serious ar.d 3 substantial dispute between the parties as to both sue nature and 4 extent of disability, if any, caused by the variety of employments 5 ir. California, as indicated above. The parties it.; to avoid the 6 further expense and hazards of litigation by means of the within 7 Compromise and Release agreement. 8 10. It is specifically understood and agreed that this agree-"1' 9 msnt encompasses all periods of employment by the above mentioned 10 employers, whether such periods are specifically set forth above n or not, and includes all employers insured by the above mentioned 1 2 1| insurance companies, whether or not previously Joined in this actio 13 11. The undersigned requested this Compromise and Release 14 z < agreement be approved. 15 o 12. Upon approval of this Compromise and Release agreement by *f3; 16 o- 3 > the '.`Jor'men1s'Compensation Appeals Board, a panel thereof, a o * 17 <a. t> Commissioner, or a Referee, and payment in accordance with the 18 provisions hereof, said employee releases and forever discharges 19 said employers and insurance carriers from all claims and causes 20 of action, whether now known or ascertained, or which may hereafter 21 arise or develop as a result of said injury, including any and 22 all liability of said employers and said insurance carriers and 23 j each of them to the dependents, heirs, executors, representatives, 24 j administrators or assigns of said employee. 25 13. It is agreed by all parties hereto that the filing of 26 :j this document is the filing of an application for adjustment of 28 J 29 'Ii claim on behalf of the employee, and that the Appeals 3oara may in its discretion set the matter for Hear, *tf as a regular app2.icati reserving to the parties the right to put in issue any of the facts 30 comitted herein, end that if hearing is r. X X \>XZ\l CiOCUtiV. 31 as an application the defendants shall ha available to tnem a.11 32 defenses whicn are available as of the* da of filing of this SMITH -ftlSH. PAOUCK Ik CLANCY (. SM ITH A -'IIS H . PADOCK Oc CLANCY .1 2 z 4 5 7 8| 9\i 10 11 I 1183 1i 141 H 15! *Sgo JwS3b* ie ' 17 18 gCaJ=O8i 0*" iWl< J$ jid5 v 0 19 20 21 22 231 24;! 25 ; 26 !;)| 27 1 28 j 29'30" 31 j 3 2 ;; i>LQYZRS MUTUAL LlAMI'II"/ iho'JRANCS CQpirANY OF WISCONSIN, by it Attorneys FiIAiiT RUBfeEfc^ k ASSlsS>\'f^53'"~UJUS.S.kvSUVv' '--a" Attorneys to r s / , On before ns l x x;-- x d2>y, of V',,. u , A. D. 1966, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn personally appeared _V , kno'.vn to me to be the person wnose' name ' subscribed to the within instrument, and acknowledged to me that he executed the same. In Witness Whereof I have here unto set my hand and affixed my official seal the day and year in this Certificate first above 'written. / 'i ; / J- Notary' Puolic in and for Said C o u n ty and State of California .^rlV > Vpr.^-r rustic *;ou. l/v3 .V vr.* ia C'ourty