Document 3JDqbMQ4vQgz3J9qDpzdLKb73
FILE NAME: Saberhagen (SBH) DATE: 1962 Nov 30 DOC#: SBH015
DOCUMENT DESCRIPTION: Legal - Decision and Order RE John B. Gronenthal WC Claim
0016
BEFORE THE BOARD OR INDUSTRIAL INSURANCE APPEALS STATE OR WASHINGTON
In re JOHN B. GRONENTHAL, DEC'D . Claim No. C-753051
DOCKET NO. 35,975 DECISION AND ORDER
APPEARANCES:
Petitioner, Lilly Nancy Gronenthal, by Frederickoon, Maxey & Bell, per Leo H. Fredrickson
Employers: Vermlculitc Contractors, Inc. by Bayley, Fite, Westberg,& MJdden, per Alfred J. Westberg
Fibreglas Engineering Co., by Joseph J. Stanglc and George Young
E. 0,. Bartells, by II. A. Johnson and E. W. Eller, Contract Manager
V. S. Jenkins, None
Charles R. Brower Co., None
Curtis Insulating Co., None
Associated Asbestos & Cork, None
Insulation, Inc., None
Armstrong Contractors & Supply Co., None
Tacoma Asbestos, None
Department of Labor and Industries, by The Attorney General, per Marcus M . Kelly, Assistant
Appeal filed by the petitioner, Lilly Nancy Gronenthal,
widow of the deceased workman, John D. Gronenthal, on July 7,
19 6 1, from an order of the .supervisor of industrial insurance
dated Juiv> 7 , 19 6 1, denying the petitioner's claim for a widow's
pension on the ground that the decedent's death v.n due to
1
1 1 /3 ^ 6 2
\
alveolar cell carcinoma, n condition which woo alleged to be un
1 related to his occupation. Reverned and remanded.
c
DECISION
s
The deceased workman, John B. Gronenthal, died on January 12,
4 1 9 6 1 . The issue presented by this appeal is whether the deceased
5 workman developed an occupational disease as a proximate result
6 of his exposure to various commercial insulation materials in
7 the course of his employment in this state from 1942 to i960 as 8 an insulation installer for one or more of the various employers
9 for whom he worked during that period, Simpson Logging Company
10 v. Department of Labor and industries, 32 Wn. (2d) 472 and Fa /or 11 v. Department of Labor and Industries, 53 Wn. (2d) 698; and if n - so, whether that disease was a materially contributing factor to
33 his death, Towne v. Department of Labor and Industries, 51 Wn (2d)
14 644; in the sense that death would not have occurred when it did
15 without such disease, Petersen v. department of Labor and Indus
16 tries, ito Wn. (2d) 635, and that he otherwise would have lived
17 for an indefinite and unpredictable time. Morlr, v. Department of
J 18 labor and Industries, 48 Wn. (2d) 74.
19
This issue must be decided by the board "upon the evidence
20 rather than upon the information or experience of "'its members." 21 Kaiser Aluminum and Chemical Corporation v. Department of Labor
L22 and Industries, 45 Wn. (2d) 74 5 . It.is clear from the record that from 1942 to I960, Mr. 24 Gronenthal, while working, was exposed to a variety of commercial
25 mineral insulating materials. Spectrographlc analysis of these 26 materials establishes that the major constituent of most of them
27 was "silica or a silicate compound." It is uncontroverted on the 28 record that he developed a condition called aobestosis, otherwise 29 described as "interstitial fibroses, diffuse, as a result of having, 30 breathed into the lungs these Insulating materials which contain 31 silicates and/or silica, large amounts of It, which can be asbestos
and other commerciai products." An autopsy report, introduced into
\ the record os an exhibit, eotablishea (a) that Mr, Gronenthal
died an a result of having developed n condition called cor
1
t)
pu'lmono lc, which iu dnacribcd on "on enlargement of tho right Did.
1 of the heart due to resistance of the blood flow through tho
z lungs," and (b) that microscopic examination of the decedent's
3 lung tisauo revealed "diffuse bilateral alveolar carcinoma of
4 the lunga (pulmonary adenomatosis)."
5
The real problem presented by this appeal, therefore, is to
6 determine what caused the cor pulmonale condition to develop in 7 the deceased workman's heart. After a careful review of the 6 record before us, we are persuaded that more likely than not, 9 the "asbestos" particles in Mr. Gronenthal's lung tissue were 10 carcinogenic agents which materially contributed to the develop 11 ment of the pulmonary adenomatosis, and that his combined pul 12 monary condition thus created caused the cor pulmonale resulting
in his death on January 12, 19 6 1.
14
FINDINGS
15
1. On January 25, 1961, the department of labor
and industries received a claim for a widow's
16
pension from Lilly Nancy Gronenthal, surviving
spouse of John B. Gronenthal.' On June 7, 1961,
17
the supervisor of Industrial insurance issued
an order rejecting the widow's claim for bene
18
fits under the workmen's compensation act. On
July 7, 19 6 1, the petitioner filed notice of
19
appeal with this board, and on August 3, 19 6 1,
her appeal was granted. 20
2. From June, I9H2, to July, i960, except for the
21
period from September, 1946, to September, 1948,
the decedent was regularly employed as an insula
22
tion mechanic for several firms engaged in
extrahazardous employment in the state of Wash-
f
ington. During his employment as an insulation mechanic the decedent worked with various types
24
of industrial insulating materials, predominantly
asbestos products and products ma.de- of glass and ,
25
extruded glass, which fundamentally are silicas'
and/or silicates. These products are manufact
26
ured in various shapes and forms, including
solid.and flexible forms, and their installa
27
tion requires that they be cut, shaped, pounded,
drilled, and worked on with a variety of, tools.
20
During the process of installing or applying
29
the insulating 'materials, dust composed of parti
cles of insulating materials is present In .'greater
30
or lesser quantities. The extent to which the
decedent's lungs were exposed to such-dust was'
dependent upon several factors, including the' ' -*
31
type and form of material, tho size and v;eipht ,
of the particles of dust, the extent oT
`
- 3 -
Q*>
ventilation, the temperature, the degree of physical exertion expended by the workman, and the position of the materials being In stalled with relation to the workman.
3. As a result of his exposure to dust occasioned by the use of these vorlous Industrial Insula ting materials, Mr. Oronenthal developed a pulmonary condition called "asbestosls," other wise described as diffuse interstitial fibrosis. The "asbestos," particles (silicas and/or silicates) in the decedent's lung tissue acted as carcinogenic agents which materially con tributed to the development of alveolar cell", carcinoma of the lungs (pulmonary adenomatosis), and the combined pulmonary disease resulting therefrom caused a condition described as cor pulmonale as a result of which Mr. Gronenthal died on January 12, 19 6 1.
CONCLUSIONS
Based on the foregoing findings of fact, the board concludes
1. This board has jurisdiction of the parties and subject matter of this appeal.
2. The order of the supervisor of the super visor of industrial insurance issued herein on June 7, 19 6 1, should be reversed and this claim remanded to the department with in structions to allow the petitioner's claim for widow's benefits under the workmen's compensa tion act and to take such further action as may be authorized or required by law.
ORDER
Now, therefore, it is hereby ORDERED that the order of the
supervisor of industrial insurance issued herein on June 7, 1961,
be, and the same is hereby, reversed and this claim remanded to
the department with instructions to allow the petitioner's claim
for widow's benefits under the workmen's compensation act and to
take such further action as may be authorized or required by law.
Dated this 30th day of November, 1962.
BOARD OF INDUS'J'RIAYj INSURANCE APPEALS
Member
HAROLD J . lV IR lE r
i| -
Member
Lilly Nancy Gronethal E# 1116 Filth Ave. Spokane, Washington
Fredrickson, Maxey and Bell, Attys.
206-209 Rookery Bldg BOARD OF INDUSTRIAL INSURANCE AITEALS
Spokane, Washington
sta tu or Wa s h in g t o n
OLYMPIA
Jf>n J, fjuine, Chief of Staff
Norton Bldg.
t
December 22, 1961 p ,--, *i .
Seattle, Washington
N O lICC 01 Cancellation
Marcus Kelly, Asst# Atty# Gen'l fll4 Columbia Bldg. Spokane, Washington
James P# Mahoney, Examiner Board of Ind. Ins. Appeals 4th Floor, 1601 Second Ave# Bldg. Seattle, Washington
Re: JOHN B . GRONENTIIAL, DEC'D CLAIM NOi C -7 5 3 0 5 1 DOCKET NO: 1 5 ,9 7 5
This is to advise you that we are cancelling
th e h e a r in g
scheduled in the above claim for
F rid ay,
January 5 , 1962
at
Spokane
at the request of t h e B oard
for the reason that
V. S. Jenkins 1955 First Ave. S Seattle, Washington
Charles R Brower Co. 114 Virginia St. Seattle, Washington
Curtis Insulating Co0 N t 7.13 Cook Spokane, Washington
PiDorglass Eng,, Co. Santa Clara, Calif P.O.Box 89
E* J Bartells Co. 1212 6th Ave. S. Seattle, Washington
Yours very truly,
BOARD OF INDUSTRIAL INSURANCE APPEALS
RUBYE K. KERNS, Secretary eh
Verminulite Co. 2107 N. 34th St. Seattle, Washington
Associated Asbestos & Cork 4401 23rd Ave. W Seattle, Washington
Insulation Iric. P.O.Box 1802 Spokane, Washington
Armstrong Cont. & Supply Co. 120 N. Lime St, Lancaster, Penn.
Tacoma Asbestos 351 S. 25th Tacoma, Washington
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CERTIFICATE OF SERVICE HY MAIL
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DATED at Olympia, Washington, this 196
_day of
SECRETARY, HOARD OP INDUSTRIAL INSURANCE APPEALS
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