Document 3Nw44DnGD5p6Kg72jnX95mD2n

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1961 DOC#: WCC019 DOCUMENT DESCRIPTION: Workers Comp File - Cuthbertson, Robert F Contains all documents found in the Claimant's file, with one blank page between each separate document /.C L A R K SB U R G ^ T U ' SA ST LOUIS C H IC A G O LOS ANGELES ATLANTA PlTTSlUJtiGH SAN FRANCISCO NEW O RLEANS MIAMI PHILADELPHIA A L K ^ A X l i K K & A I aE X A ^ ' 11DIKR INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 N O R T H C H A R L E S S TREET, B A L T I M O R E 18, MD. April 25, 1961 Mr. William L. Hughes, Manager Insurance Department Armstrong, Cork Company Lancaster, Pennsylvania. *' '= Travelers Policy No. !9os ^ _ K U 0 33S(>*'T> 9-LAB lODMr Dear Sir:- Please note disposition made of the following claim: Date of Accident: Claimant: Location: Claim No.: Disposition: July 17, 1954 Robert F. Cuthbertson San Francisco, California B-8972691 $383.06 - Expense Remarks; We do not appear to have received a previous report of this case. TELEPHONE TUXEDO 9-A30A BEEL SYSTEM TELETYPE BA S2 CABLE ADDRESS "ALEXBLUE" Indicate Whether: Workmen's Comp. y Auto Liability B.I. P.D.___ General Liability B.I. P.D. Very truly yours, ALEXANDER & ALEXANDER INC. LOSS DEPARTMENT INTE O fFt CE COMMUNICATION To J . E . Z e l l e r , Lan caster CONTRACTING January 11, 1961 From A , L . S t o k e ly , San F ra n c is c o Subiect I n d u s tr ia l A ccid e n t Com hission - C a lifo r n ia Case N o. 59 OAK 1053 Robert F . Cuthbertson '* * * * ' Attached is a copy of a d e c isio n a fte r reconsideration recen tly received by u s. BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OF CALIFORNIA i CASE NO. 59 OAK 1053 ROBERT F. CUTHBERTSON ) Applicant ) v ) DECISION PLANT ASBESTOS COMPANY, J. T. AFTER RECONSIDERATION ) THORPE, WESTERN ASBESTOS COMPANY, ARMSTRONG CORK, TRAVELERS INSURANCE ) COMPANY, INDUSTRIAL INDEMNITY COMPANY, PACIFIC EMPLOYERS ) M iM fro* ta ftwdtw Offici INSURANCE COMPANY, STANDARD ACCIDENT INSURANCE COMPANY,and ) STATE COMPENSATION INSURANCE FUND ) Defendants _________________________________________) JA N 4 lOSt * Csmmitslon i California I ! Reconsideration having Lean granted harain and tha \ ' i natter having been carefully considered, Including the report of j examination by the Independent Medlca^, ^Examiner, as w-ill as the ! record as a whole, this Coamlaalpn how concludes that further j proceedings are not essential for the disposition of the olain, i r- N ' 1 and nakea its Decision After Hfconsideration, as follows) i GOOD CAUSE APPEARING THEREFOR, ; IT IS ORDERED that the Findings and Order, filed herein December 15, 1959 be, and the sane hareby is, affirmed and adopted ao the Decision After Reconsideration. INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F- A. LAV.'n o c S E-T^J C. LAWLESS Comalaslbners ROBERT F. C iy:i-oiTSON v. PLANT ASBESTOS COMPANY, et al December 29, 19^0 CASS MO, 59 OAK 1053 REPORT OF PANEL 0N2 B u t d upon the report dated March 30, i960 by Or. Shipman, Independent Medical Examiner, it is the conclusion of the Panel that applicant did not sustain injury arising out of his employments from July I9A7 through December 1958. The Panel further concludes that the disability complained of by applicant was not caused by any injury arising out of and occurring in the course of his employments. Decision After Reconsideration should accordingly issue. INDUSTRIAL ACCIDENT COMMISSION OP THE STATS OP CALIFORNIA _______________ B,,. A,.,UZBEK AS ELTON C. LAWLESS Commissioners r o b o t i. c d t h b o t s o k vs. state comfemsatzom u a m u K x pot, et ti, Claud It. B u n . R ifir w m n r t iy 13* W O Claim No. OAK 1653 m m m m m m m w a r n a t o r iu^cciPgiATX9if l t f m Ankele who heard practically this entire natter. issued 6 denial award, tin lain being mm of a s m s tool. Tin matter was exhaustively handled Medically Subsequent to the submission of the scan.tin cantina anrael-- u-- a am lnde-- ndnnt -- exaadmv H. CenriA Kl-- hsw, X.B.. s e w e d in this capacity. The Panel wishing farther ef the problem, itself authorised an ****4 hy Sidney Ship-- n, M.D. It was for the eross-exanlasti-- ef this deetor that the -- tter was assigned to this Refer-- The thr-- deetern M -- haw, Ship-- n and Brown are in unanimity in their opinion that the applicant does have asbest-- particles in hie lungs but they ere -- -disabling do net require treefeewt and that the degree ef observation required -- a result thereof is net any mere than anyone el-- Baaed thereon this Refer-- submits -- recommendation to the Pa-- 1 a ratification of the rt-- talon originally issued by Refer-- Ankele, She aa-- is submitted herewith CUTHBirtTSOli-- 59 OAK 1053 CLAUD M, DUHH, R froo San Francisco, 7-6-60 In ju ry : A abeetoils REPORT OF RSFEREK OW HEARING AFTER RE^HSAIUHO ORAHTBP ElDfiST EKLPUAM, H*D*, qualifications stipulated, testified that pursuant to the appointment by the Panel, he had seen the applicant nnd that there had been made available to him the Sthologlc&l report, laboratory analysis of lung tissue and e reports of*Ora. Watson and Hinahaw. Testified that there was no demonstrable evidence of asbestosis There was no disability at that tine, but the nan did have asbestos particles in the lungs, as well as a fibrosis* As the years go by the nan may develop symptom* but he does not have then now Be does have an occupational foundation there for* Complaints of cheat pain, vague in location, were compatible with asbestosis, and periodic x-rays, due to the presence in the lungs of the asbestos bodies, were indicated the same as for everyone else working in a similar line of wage earning capacity aa the applicant but no greater* Testified that It was his opinion tost as yet the man did not have any lung dis ease* He probably would not have* Thar* was, however, defi nite evidence of the existence in the man1s lungs of asbestos bodies adequate in sise to produce the disease* Testified that he made this statement even though the symptoms were not en tirely consistent with the diagnosis of ssbestosis. He differ entiated between silicosis end asbestosls in that silicosis set up a flbrotle reaction which asbestosls did not* Testified that the applicant ought to have x-rays every six months for several years and then the same every year the same aa every other employee similarly employed* Testified It was true that there were bodies present in the lungs and there was some tissue reaction but that these conditions were insufficient to cause disability* Testified after cross-examination of all tho various counsel present that ha was still of the same opinion as set forth in his report* SZSfOSZTXOHft (See Minutes of Hearing*) CHDtlp CLAUD DUNN, Referee \ ! NTR / __________________ O F F IC E COMMUNICATION May 18* 1960 \ m^trong To J . E Z e l l e r * L a n c a s t e r From A * L s t o k e l y , S a n F r a n c i s c o Subject R o b e r t F . C u t h b e r t a o n vs Em ployers N o tic e o f Time & Bace o f F u r th e r H e arin g C a s e 59 OAK 1053 o o I960 VtfLH A tta c h e d i s our n o t i f i c a t i o n o f the T ine and P la c e o f F u rth e r H earin g fo r the case o f the a p p lic a n t versu s the l i s t e d d efen d en te You w i l l n o tic e th a t t h is was a ls o se rv e d on T ra v e le rs In suran ce Company. We assum e y o u w i l l w ant to fo r w a r d to A rm stron g Cork CoBq3any*s Insurance Department DJM v- V \ * Before the Industrial Accident Commission j of the State of California / Cate No# 9 OAK 10$3 ROBERT P . OUTHHBRTSON, * I Applicant__ \ vs. / F IA IT ASHESTOS COMPANY, J . T . THORPE, WESTERN ASBESTOS COMPANY, ARMSTRONG CORK, TRAVELERS INSURANCE COMPANY, P A C m c EMPOYERS INSURANCE COMPANY, STANDARD ACCIDENT INSURANCE COMPANY, INDUSTRIAL INDEMNITY COMPANY, and STATE COMPENSATION INSURANCE FUND, I Defendant__ I Notice of Time and Place of Further Hearing N O TIC E TO A LL PARTIES You are hereby notified that further hearing will be held in the above-entitled action at ROOM ZZ0 ? b55 GOLDEN CATE AVENUE SAH F R A ifiT SC O , CALIFORNIA JU L Y 6 , I960 -- 9 l0 0 A . M. CROSS EXAMINE O R , SHIPMAN ,tedat: San F ra n cisco , C a lif . May 1 6 , I96 0 ON RECONSIDERATION GRAFTED. in d u st r ia l a c c id e n t com m ission NOTE: CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. SERVICE UPO N: Robert F. Cuthbertaon, 2b38 Garvin Are., Riehmond, Calif. Smith & Parriah, $01 Financial Cantar Bldg., Oakland, Calif. Plant Aabastoa, 1300 * 6bth St., Emeryville, Calif. J. T. Thorpa, 1351 Ooaan Ava,, 2ryrille, Calif. Vastarn Aabaatoa, 675 Townsend Ft., San Franoino, Calif. Armstrong Cork, 30b Shaw Road, Fan Francisco, Calif. Traveler*a Inauranea Co*, 315 Montgomery St., San Pranolsco, Calif. Paolflo Employers Insurance Co., 24b Pine St., S a n Franoiaoo, Calif. State Compensation Insurance Fund, Personal Service Industrial Indemnity Co,f 350 Sanaome St., San Franoiaoo 6, Calif. Hanna h Prophy, 100 Bush rt., San Franoiaoo, Calif. Mullen it Filippl, 31$ Montgomery St., San Franoiaoo b* Calif. Standard Accident Insurance C o . , b33 C a lifo rn ia S t ., 5 . F . , C n l i f , ROBERT 7, CUTHBERTSON Nap 3 I960 v. P U N T ASBESTOS COMPANT, J. T. THORPE, ot al Gas No. OAJC 1053 REPORT OF PANEL ONE Pursuant to request datod April 21, I960, by applicant, the case should be returned to the calendar for crossexamination of Or. Shipman, the independent medical examiner. INDUSTRIAL ACCIDENT COMMISSION 07 THE STATE 07 GAU7QRNIA 1-'. A. LAV.-RENCii Mailed from San francto Office $ttao; o)rrni.Q iS,on .UffMSSa &->-- - - r1t .........*Jc; TP Commissioners Deputy mmistto&t INTE OFFICE COMMUNICATION Armstrong cONTRACTING Febru r$ 11, 1960^ To J . E . Z e l l e r , L a n caste r / From j # s # T a y lo r , San F ra n c isc o Subjtct Order Granting A p p lic a n t' s P e t it io n fo r Reconsideration Robert F . Cuthbertson v s . Employers Enclosed notice of granting a p p lica n t's p e titio n for reconsiders t io n in co n n ectio n w ith the above c a s e . w ill We assume you/want to forward th is to the Insurance Department. DJM FORM 1801 1-8 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE 0? CALIFORNIA' 2 CASE NO. OAK 1053 3 4 ROBERT F . CUTHBERTSON, 5 A pplicant 6 ORDER GRANTING APPLICANT'S PETITION FOR RECONSIDERATION 41 7 P U N T ASBESTOS COMPANY, J. T. THORPE, WESTERN ASBESTOS COMPANY, ARMSTRONG 8 CORK, TRAVELERS INSURANCE COMPANY, INDUSTRIAL INDEMNITY COMPANY, 9 PACIFIC EMPLOYERS INSURANCE COMPANY, Mfel ftW5,11*m m W!,M STANDARD ACCIDENT INSURANCE COMPANY 10 and STATE COMPENSATION INSURANCE FUND, 11 Defendants 12 13 GOOD CAUSE APPEARING THEREFOR^ : ; 1 14 IT IS ORDERED that applies* \Ptition for Reconsideration, 15 filed harain January 4* 1960^-ha tha same haraby ia, granted. 16 TRIAL ACCIDENT COMMISSION 17 THE STATE OF CALIFORNIA 18 F . A. lA'.VP.EIlCE 19 20 ELTON C. LAViLESS. 21 D eputy EDMUND J . THOMAS, JR .,. Cr>m i)ii\sionft -- 22 Commissioner* 23 24 25 26 O' / *v. t ROBERT P. CUTHBERXSQN January 28, I960 v. P U N T ASBESTOS COMPANY, tt al Case No. OAK 1 REPORT OF PANEL ONE Tha Panal is of ths opinion that a report of a independent medical examiner will be of assist to it in the determination of the issue presen The Petition for Reconsideration is therefore to obtain the opinion of such an examiner, if parties so agree. INDUSTRIAL ACCIDEN OP THE STATE OP P . 'A'. LAV u . \ C . LA' i, j mo;a\ 'Commissi wiiii n t an*ni<iij iVAfSIUU Oakland 1-20-60 COTHU<.;,, ON-- CLAIN NO. OAK 1053 Injury Aabaatoala KXPORT OF RXFJSIKS ON APPLICANT'S PETITION FOR RSCONSIDSttTION Due data February 3* 1960 The employee* an Insulator* born Map * 1928 clalna to have sustained an aabaatoala* After hearings* Findings and Ordar to tha effect that applloant did not auataln any Injury arising out of or ooourrlns In tha eouraa of hla eaploynent was served and f U a d on Deeenber 15 1959. Froa thla daolalon applloant patltlona for raoonaldaratlon oontandlng that tha evidence doaa not Juatlfy tha denial* Tha prapondaraaaa of Medical evidence In thla oaaa elaarly lndlaataa that tha applicant doaa not have aabaatoala* Zt la notad that tha applicant quotes froa tha report of tha pathologist aa fallow* ---- hoy disposition la aodarataly artvannart." Thla la daflnltaly not a finding of aabaatoala* Applloant alao quotes from sons portlona of tha taatlaony of fir* Crenshaw* However, tha aonolualon of 1* Corwin Htnehaw* N. D, la to tha offact that applicant doaa not hava aabaatoala* Thla la alao tha conclusion of Cabot Brown* N. fi* in hla report of November 19 1959* fir* Brown was tha agreed examiner. Tha Anawera filed by tha varloua defendants herein are wall taken and applicant'a Petition for Reconsideration should be denied* Zt night further be observed that tha opinions of fir. Blnshaw and Sr. Brown should be good news to the applicant who la working at hla old job* JHAire JOHN H. AMXKL8* Referee IN TI OfF I C i COMMUNICATION To J , Z e l l e r , Lan caster From j . S , T a y lo r , San F ra n c isc o Subjtc N ptice of Findings & Order In d u s tr ia l Accident Commision of the S ta te o f C a lifo r n ia Robert F* Cuthbertson Enclosed fin d in g s and order r e s u ltin g from the cla im o f Robert F , CtjjJjjjJ^yjtsg^vs various lo c a l in su la tio n contractors pertaining fo a n A sb e sto sis claim* You w i l l r e c a ll e a r lie r in the year we re c e iv e d from the Armstrong Cork Company a d e ta ile d l i s t i n g o f employment o f th is a p p lic a n t w ith the req uest th a t we su b stan tu ate the products used by him during his tenure ' of employment and rep o rt same to Mr. Richard E , Beaudry, Insuaance A d ju s to r , I assume you w i l l want to n o t ify the Cork Company o f th is fin d in g s and o rd er. uwait n. anjv&usj nereree Oakland, August 13, 1959 UUTHBEBT50N -- 59 OAK 1053 Injury: Asbestoeis REPORT OP REPEREE The employee, an Insulator, born May 4, 1928, claims to have contracted asbestosls as a result of his employment. Nothing has been paid. ISSUES: 1. Injury. 2. Medical. 3. Statute of limitations. 4. Lack of notice and prejudice. 5. Jurisdiction -- maritime. APPLICANT testified in substance as follows: He obtained the employment records from the union and the employers. In JUly of 1947 he started to work for the Plant Asbestos Company and worked through January of 1948. The period of employment was about seven months. He worked on ships for this eng>loyer, and cork was used for insulation. He worked for J. T. Thorpe from May to December, 1$&3, applying asbestos Insulation on one Job in Tracey and one at-Hunter's Point, a power house at PG&E. He cut and fitted asbestos material and used wire and mud in the application. This work went through January of 1949. The places where he worked were enclosed and there would be dust there. Others were on the Job. He then worked for the Western Asbestos Company from January, 1949, to May of 1949* On that job there was also some insulation of asbestos material for PG&E, and also for the Union Oil Company. Then he worked again for J. T. Thorpe from May 11th through August 10, 1949. This work included Fibreboard Products at Antioch. The work was all in an enclosed area. It was hot and dusty, and there was dust from asbestos material. Prom August 11, 1949, through February, 1950, he worked for Plant Asbestos and the work was at Fibreboard Products at Antioch. The work was the same and the conditions the same. Prom March 13, 1950, to August 3, 1950, he worked for the Western Asbestos Company on a PG&E power house at Mosa Landing. This was the same type of asbestos insulation, and it was in enclosed and dusty places. On August 20, 1950, to September 3, 1950, he again worked for Plant Asbestos at Galland Laundry. This job was very hot and dusty. Prom September 13, 1950, to July 17, 1954, he worked for the Armstrong Cork Company. There were about nine months at the PG&E plant in Antioch in 1950 and he worked at Travis Air Force Base moat of the balance of the time. Also he worked in this period at Regal Pale for two months FILS5 AM) aanvau* 4.0 On all parties of record-- R.Crowley 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION 0? THE STATE OP CALIFORNIA 2 CLAIM NO. OAK 1053 3 4 ROBERT P. CUTHBBRTSON ) 5 Applicant ) 6 va. ) 7 PLANT ASBESTOS COMPANY, J. T. THORPE, ) WESTERN ASBESTOS COMPANY, ARMSTRONG 8 CORK, TRAVELERS INSURANCE COMPANY, ) INDUSTRIAL INDEMNITY COMPANY, 9 PACIFIC EMPLOYERS INSURANCE COMPANY, ) STANDARD ACCIDENT INSURANCE COMPANY, 10 and STATE COMPENSATION INSURANCE FUND ) FINDINGS AND ORDER 11 Defendants ) 12 13 The above entitled matter having been regularly submitted 14 before John H. Ankele, Referee, said Referee now makes his decision 15 aa follows: 16 FINDINGS OP FACT 17 1. The applicant was employed by the various employers 18 above named from July, 1947 through December, 1958/ end alleges 19 that he sustained an Injury arising out of and occurring In the 20 course of his said employments, consisting of asbestosls. 21 2. Applicant did not sustain any Injury arising out of 22 or occurring In the course of his employments from July, 1947 through 23 December, 1958. 24 3, The disability of which applicant complains was not s 25 proximately caused, or caused at all, by any injury arising out of 26 or occurring in the course of his employments, or by his employments. 27 ORDER 28 EP IS HEREBY ORDERED that applicant take nothing by 29 reason of his claim asserted in this proceeding wa u /uiflihjBj Oakland August 13 1959 UJTHBEBTSON -- 59 OAK 1053 Injury: Asbestosls REPORT OP REFEREE The employee, an Insulator, b o m May 4, 1928, claims to have contracted asbestosis as a result of his employment. Nothing has been paid. ISSUES: 1 . Injury. 2. Medical. 3. Statute of limitations. 4. Lack of notice and prejudice. 5. Jurisdiction -- maritime. APPLICANT testified in Bubstance as follows: He obtained the employment records from the union and the employers* In Jily of 1947 he started to work for the Plant Asbestos Company and worked through January of 1948. The period of employment was about seven months. He worked on ships for this employer, and cork was used for insulation. He worked for J. T. Thorpe from May to December, 1S4&, applying asbestos insulation on one Job in Tracey and one at'Hunter's Point, a power house at PG&E. He cut and fitted asbestos material and used wire and mud in the application. This work went through January of 1949* The places where he worked were enclosed and there would be dust there. Others were on the Job. He then worked for the Western Asbestos Conpany from January, 1949, to May of 1949. On that Job there was also some insulation of asbestos material for PG&E, and also for the Union Oil Company. Then he worked again for J. T. Thorpe from May 11th through August 10, 1949. This work included Fibreboard Products at Antioch. The work was all In an enclosed area. It was hot and dusty, and there was dust from asbestos material. From August 11, 1949, through February, 1950, he worked for Plant Asbestos and the work was at Fibreboard Products at Antioch. The work was the same and the conditions the same. From March 13, 1950, to August 3, 1950, he worked for the Western Asbestos Company on a PG&E power house at Moss Landing. This was the same type of asbestos insulation, and it waB in enclosed and dusty places. On August 20, 1950, to September 3, 1950, he again worked for Plant AsbeBtos at Galland Laundry. This Job was very hot and dusty. From September 13, 1950, to July 17, 1954, he worked for the Armstrong Cork Company. There were about nine months at the PG&E plant in Antioch in 1950 and he worked at Travis Air Force Base moat of the balance of the time. Also he worked in thia period at Regal Pale for two months Whet +haw iioaiI *-- -- '-- he worked for Plant Asbestos Company which was all asbestos work at various schools and he worked continually for Plant Asbestos through Becember, 1958, except when he was off on account of a leg injury In 1957. The work m s all asbestos work, mostly in . boiler rooms and close quarters. He saw Br. Crenshaw on July 29, 1958, on reference from Br. Lawrence, his family doctor. He had seen Br. Lawrence two or three weeks before and he did have pneumonia In February, 1958. He had surgery at Richmond Hospital on August 3, 1958, and he was advised by Br, Crenshaw following the surgery that his condition was due to his work. He had worked through August 10, 1958, and was off three months, and he returned to work at Plant Asbestos on HOvember 4, 1958. Before his surgery there were no masks worn on the Job. He is doing the same type of Insulation work now but wears a mask when on the Job, continuously. He has slowed down physloally and he hurts all the time. He did not work on the Brgermeister Brewery for Armstrong but he did work at Hapa State Hospital for Armstrong. That was asbestos insulation work and living quarters, all underneath the building. Be did not use wool felt there. He recalls working at the State Employment Building ln San Francisco for about a week, insulating the storage tank. He does not remember doing the Job at Borden's Dairy In Oakland but he could have been on that Job. He worked in a radio transmission station between Bavls and Winter one day. He did not work on the Camp Beale Job. He worked at a refinery in Rodeo two weeks or so In tunnels under the highway, Insulating. The Travis Air Force Base Job took nearly two years. There was some wool felt used on that Job, but mostly asbestos. He believes that HeKeesby and Madison were the manufacturers of the asbestos pipe covering, and It Is known as magnesia pipe covering, eighty-five per cent magnesium. They use some Fibreglass, and up to 1953 or 1954 he does not remember if they used any Johns-Mansvllle products. On heating pipes they generally use asbestos pipe covering. He has a twin brother named Jack and he worked with his brother at all times, and they were Inseparable. He knew his brother had surgery at the hands of Br. Crenshaw, and he had Br. Thompson check him after his second operation in 1954. At that time Br. Thompson had X-rays taken. He did go to Br. Thompson to see if there was any danger about his having asbestosis. Be went two or three times. He is not sure when the second X-rays were taken. When he had pneumonia he changed to Br. Brown. When he first saw Br. Brown he had tightness of the chest and pain. He had X-rays taken at Richmond Hospital at that time for pneumonia. He Informed Br. Brown that his brother had lung trouble but he did not Inform Br. Brown of the previous check-ups he had at the hands of Br. Thompson. cuvaoertson - 3 He informed the Plant Asbestos Cong?any that he was going to the hospital. He believes that Blue Cross paid most of the medical bills and some of Br, Crenshaw's bill. He paid about 50. In hospital bills. He drew unemployment disability benefits at $50. a week all the time he was off, and he also received $12. a day for hospitalisation. He knew that his brother Jack had a proceeding before the Industrial Accident Commission. He understands that dl&tamaceous earth is the same as asbestos. When he saw hr. Thompson for a cheBt check-up he had no chest pains. At that time he was working for Armstrong Cork. Br. Thompson told him everything looked all right. In Kay or June, 1953, he began having chest complaints. He stopped smoking on the advice of Sr. Crenshaw. Be was troubled with shortness of breath last year. He was off a week after he returned to work in November, 1953, and then he was off another week because of his chest. The eighty-five per cent magnesium pipe covering that they used is manufactured by Pabco. They always use Pabco materials. He did not lose any time before August of 1958 because of his chest. He also worked In some old buildings for Plant Asbestos. He did not have pneumonia before February, 1953. He did refuse to work on a job recently because they did not have a blow fan. He Is still under Br. Crenshaw1s care. His present complaints are in effect that: he has slowed down, he has some pain, he cannot sleep as well, and it is hard to work. He has been a foreman since 195*1 on. was J. T. Thorpe was all block work and that/worse In respect to dust. This was eighty-five per cent magnesium pipe covering. It was made by Pabco. He has covered all the employers for which he worked but he does not remember all the odd jobs. Be worked along with his brother from 19^9 through all of 1950. He does not do home Insulation. Prior to 19^7 he was an able-bodied seaman In the Merchant Marine, and he did not have a history of having a lot of colds. He perhaps would get one or two a year. In his bout with pneumonia he was in Richmond Hospital about three weeks and stayed home about six weeks. He felt fairly good after that. He cannot pinpoint the time when his chest pain developed. It was either in May or June of 1958, He got so bad he saw a dootor in July. It can be very dusty when they cut asbestos. They cut it on the Job as they went along, and the pounding and fitting would always cause dust. Cuthbartson 4 OAKLAND October 22, 1959. RICHARD 3. BEAUDRY, called by the Defendants Travelers Insurance Company and Standard Accident, testified in substance as follows: He is an independent insurance adjuster. He reviewed the Job records on which the applicant worked between 1930 and 1954 at the Armstrong Cork office. He worked with J. S. Taylor, the plant manager. A tabulation was made In the home office In re sponse to a letter of August 3, 1959 (Defts. Ex. 5). The Information under the column "Materials* was made as the result of his Inves tigation of the obtainable contracts. The percentage in this col umn "Materials" stated the amount of material used on the Job and not their content. The initials MPC stood for magnesium pipe covering; EQ for "fibreglass." Where there is a dash In the materials column, the contract could not be found. He made a special study on the Job at Travis Air Force Base. These were marked as indicated by the X's* This tabulation supposedly covers all of applicant's em ployment with Armstrong Cork. VICTOR SAOUES was called by the Defendants Travelers Insurance Company and Standard Accident, and testified in substance as follows: He is the president of the Sacomo Manufacturing Company. They manufacture pipe insulation, pump packings and the like. He has had 25 years of experience. He started in 1934 with the Plant Rubber & Asbestos Company, and worked with them until April 1, 1948, when their factory was bought by Sacomo Manufacturing Company. They manufacture wool felt insulation. They obtain their materials from other manufacturers. They use crepe wool felt, which Is laminated, and then covered by asbestos paper. This is then covered with muslin and the muslin will overlap about one and one-half Inches at one end of a 36 inch section. Wool felt is about 30$ rag bass, and 50 to 60 wood pulp of the kraft stock. Next to the pipe there is a water proof tar;timer. The asbestos paper is a six pound asbestos paper, and is filled within the wool felt paper for a three inch thick wall. 13 to 14 layers of wool felt are used. This is the standard wall. They will have smaller and larger walls on the Insulation. The asbestos paper is 40 to 50$ asbestos fibre. The balance is wood pulp and Kraft stock. There are fillers and sizing to give the stiffness. In the manufacture of air cell insulation, they use a six pound asbestos, which is corrugated, and then four layers are laminated to build up a one inch wall. Adhesive UBed is silicate of soda, sometimes known as water glass. This is also wrapped with a muslin and put out in 36 inch lengths with an inch and a half muslin overlap. The wool felt Insulation is generally used on cold lines. The air cell insulation is used on hot water lines. The insulation material is out with knives, table saws or hand saws. The Joints are probably attached with asbestos cement. He did not know because he does not Install any covering. Unibestoa is made of amosite asbestos fibre, with bundles of sodium silicate. Amoslte is a long asbestos fibre that is mined in South Africa. These fibres are as long as five and six inches. White asbestos or chrysotile is mined in greater abundance in Canada. These fibres are about 3/8ths inches in length. He is familiar with the 85# magnesium pipe covering. uuthbertaon - 5 PAUL NIETO, called by Defendant Industrial Indemnity Company, testified in substance as follows: He is vice president of Plant Asbestos. He has been with them for 12 years. He knows Cuthbertson, and has known him for the last six years. He is familiar with the over-all materials used by the company. They use 85# magnesium pipe covering, fibreglass and wool felt. They also use foam glass, oork, and air cell covering. He does not know the breakdown or content of 85^ magnesium pipe covering, but there is a certain amount of asbestos material. The asbestos materials would be adhesives and cements. The last two years they primarily would be fibreglass materials. Five or six years ago Cuthbertson worked under his direct supervision. He then had no lung complaints. He had heard that Jack Cuthbertson, the applicants brother, had lung trouble, and that the applicant was troubled and worried. They do not manufacture the pipe covering but they buy most of it from Paboo. They use 85# magnesium powder cement, which they mlaed with water in the work. OERALD CRENSHAW, M.D., testified In behalf of the applloant in substance as follows: He Is duly licensed to practice medicine in the State of California. His specialty is diseases of the chest. Asbestosis caused the applicant's disability as it caused an Improper bronchial drainage. A piece of lung taken out at the lobectomy indicated the presence of asbestos fibres. The applicant was still under his care. His various employments were the only places where he could have gotten asbestos in his lungs, and he will need observation for some period of time. He first saw the applioant July 29, 1958. He never took a complete work history but he had a history of recurrent att&oks of pneumonia previously last year. There were X-rays taken in October 1953# November 1954 and March 1956. He can not tell If he had all those X-rays but he attempted to get them. He does not remember if he reviewed the reports at Herrick Hospital. The X-rays taken at the Richmond Hospital on August 15, 1958. A bronchoscopy was made on August 13, 1958. He certainly saw an X-ray report before the operation. The X-rays show an Inflibation but they did not demonstrate what the infiltration was. Ha submitted the lung tissue to the pathologist at the Richmond Hospital and received a report as Indicated In the hospital record. A specimen was then sent to the laboratory of the State Department of Health. He never received a written report from the State laboratory but he received an oral report from Dr. Slngman, a pathologist. Dr. Crenshaw was recalled in the afternoon, and testified further in substance as follows: The applicant returned to work roughly two months after the surgery. He generally sees him once a month unless he is suffering from respiratory infection. He must be properly treated. He gives him pressure breathing end antibiotics. Antibiotics were prescribed on February 16, 1959 because there was a respiratory Infection and a sore throat. Also treated him February 20, 1959. At that time he felt he was getting over the infection. In June of 1959 he had a 100 degree temperature and further anti biotics were prescribed. This is the third asbestosis case that he has had In his experience. Othercases were that of applicant's brother and a Mr. Thorsted. Their employment record was similar to that of Cuthbertson, in fact, Cuthbertson*s work history was identlca'i The biopsy wan major surgery, and was diagnostic. Be did not feel that fibreglass had a great effect .Recent surgery Indicates that it should be avoided. He told the applicant that he had asbestosis right after the surgery. Asbestos within the lung impairs the function of the lung. Elastic fibres of the lung are affected. DAVID SINGMAR, M.D., called by the Defendant Travelers Insurance and Standard Accident, testified in substance as follows: He is duly licensed to ptraotlce medicine in the State of California. His specialty is pathology. He does the pathology at Richmond Hospital. He received the specimen indicated by the hospital re port. He does not know the exact number of actual specimens. He submitted specimens to the State Department of Health on December 8, 195S at the request of Dr. Crenshaw. He brought them up to the Department of Health himself. He also received the report of ft.A. Soave, a doctor of veterinary medicine. He was then called to Sacramento, {there they had special X-ray diffraction apparatus, and the quantity of formed asbestos was even demonstrated in the tissue, as indicated by the report of the State Department of Health. It follows therefore, that there was asbestos in the lungs but not enough to show in ordinary X-ray technique. He can not tell from the repo -t as to the quantities of materials found. He called Dr. Crenshaw when he received the report, but he can not recall if he sent copies of the state report to Dr. Crenshaw but he usually does. If Dr. Crenshaw did not get a written oopy of the report the fault was that of the witness. Be, himself, did not see any abnormality of the bronchi! if it is not In his report. Dr. Crenshaw was unhappy with his first pathological report because Dr. Crenshaw had expected to find asbestos, and therefore, suggested that it be sent to the State. Fibrosis is usually found In asbestosis eases as is usual in silicosis cases and generally, the particles can be seen. Most of the noxious agents that affect the lung will cause fibrosis. ROBERT CT7THBERTS0N, recalled, and testified in his own behalf as follows: He did not work at the Pacific Coast Portland Cement plant on May 11, 1952, nor on the Walnut Creek School on June 29, 1932, nor at Camp Beale on May 3 1953* It was the prac tice of the company to shift the payroll records to another Job when there was a loss on a Job from which the payrollDeport was submitted. He recalls all the Jobs in the tabulation except the three he mentioned He is not a cork man so he does not use too muoh oork. He believes that he Just used cork for about a week in his employment with Arm strong. DISCUSSION AND DECISION: On December 3, 1939 the report of Cabot Brown, M. D., the agreed medical examiner, was served and filed. It would appear that the report of Dr, Brown resolves any apparent medical conflict heretofore existing in this case. Dr. Brown concluded that the applicant does not have asbestosis. Therefore, a denial must issue. tAmi tt <* Jagaat U 1959 Mr. A. S. Taylor H M t m i OsBlmUii A ky^lj OiiyonttM 304 ftav laaA oath tea Cali*. Daar Kr* t f l m Zs h u jBtt di4 aot raaelra oopgr if tha tm dxj a VUaoa lattar, va -- alata * Tha-- a-Aas 4 aikabaata oontalnlag pri of tha late-- all-- raqpaatad la tha Baaadrjr A 911-- Uttcr. ' iNivdi ter Dm }-- r 1930 lun 1-- 4aatrojr4 -- Dui tha Pinoli Peparla-- t lieta! ealgr thaae m t n o i a oifced aa bjr IL F. Oathbartaoa etartiag la 1951* ArtAar Ioante-- , Ontnllir1! Bepartaent, th-- lat-- TitfAni -- d bara va ha! tha eoatraci. bara tha late-- atl-- la aot -- taro!, Arthar a -- ehi to laaata tha partiaalar fllaa Theoght pattata joar iUaa alght diaalaaa Ala late-- etica la M nh aaaa m anulata tba late-- atlaa Ba-- Axr A VUaoa la laoAlog ter* la lev af tha firat a-- t-- aa la tba laat paregraph, paga aaa, af Ir* laeaAry4 lattar tetti jaa plaaaa a-- taat Ala at joar aaxllaat a m a i -- aa fw y t-- ly jarii U HfPPiO 00K OQMPAIX All teala area A* B* fallar, AOAf L-- aaatar 1* 6. MilaAtp Ir. Zaaaraaaa tepori-- t 'CS 420 MARKET STREET SAN FRANCISCO It, CALIFORNIA EXlROOK 7-4171 August 3, 1959 The Armstrong Cork Company Lancaster, Pennsylvania ( $ ' - Attn: R. C. Schiedt, Jr. RE: Robert F. Cuthbertson vs. Armstrong Insurance Dept. Cork Company Our File: 59-199 Gentlemen: We have been assigned to do some investigation work on the above case by Mr. Ivan Schwab of Hanna & Brophy's office, who are handling the hearing before the Industrial Accident Commission for the Traveler's and Standard Accident Insurance Companies. This case has been set for August 13, 1959 In order for us to complete our investigation, it is necessary that we obtain some information from you and also a letter which can be submitted to the Industrial Accident Commission in the event we are unable to pre pare the case in time. The information we require is the name and number of each job Mr. Cuthbertson was employed upon during the period September 13> $ 1950 to July 17, 195^. With this job name and number, we can then obtain the necessary information from your local office, Armstrong Contracting and Supply Company, which will enable us to determine what type of materials were used and handled by Mr. Cuthbertson. As you know, Mr. Cuthbertson has filed a claim for asbestoses. We are trying to determine the amount of materials he handled containing asbestos, and the amount not containing asbestos. ' t The above information as to the name and number of the job should be sent directly to us as soon as possible. In the meantime, we would appreciate your writing a letter direct to Mr. Ivan Schwab, Attorney, Hanna & Brophy, -- 15^0 San Pablo Avenue, Oakland, California, stating that there will be some delay in developing the information in this case. Please include in your letter the reasons for this delay, i.e., distance involved ana inaccessability of the records. c Mr. Schwab can then use this letter at the time of the hearing on August 13, 1959> to request an extension of time and another hearing, in the event our investigation is not completed. Thank you for your courteous and prompt reply in this matter. Cordially yours, BEAUDRY & WILSON REB:ms /6 r ^ > F. C jM ^ JL r y ^ 'Sok/*\- S U -A f-'H .O . . wsJ*3&'. AAa j - 9 - 6 -t * ? _-' - -f *-u -fT-za-"*. -s Jju ' S s< V*+` 9-3*3 '<2^ -,i'f r-'-i'/%wV*%0*'J ^-;'AV7'^' '' '* vv f * f. V `'*"*'>,rti""1'^""v'y^'S*tVf ' ,_ ^ -^'. . l f A ii ti > J M / j( r;f#^. 3 3 { fe : $ & & & & J K s ^ */* UV -%.. '.: ; V; "^'' , ^-'W' 1 v# 'f-m: ^.*V '$$''\ ^ *>; ' v " * *yv -. -:v . : -* '/c ".i*l*r.0 t e t#fwe *nrr *<e , - " * & * ----^ /3.' ir j r-tr-s * r S ' < f & * t :'1rc' ;r s 5 k **-- f /-'f s j r ifiS -tfr/ , 4r-?V' '!l '1 ~t<,-*,?V't.'j$%'"`^1'.1''0V*',t'tm `" * '' .VJfeirf Tr , ^ r f fV X f ""f Tr**# p r ? & r^4^h %*G '*** t t t tie ir/ tie Ji ** 999V99t Ct r ^ . r 4 s S ' ~ r ' ' - r ftr r r <* W ~ 7 ^ U P " *Z * * ' *<r ? i #**?* .* `` -,-Vr ' -^ %* t - r i c s-v- s s - Pis l f. : * ^ r- f 11 f`'t>r- '.*< <-'f '*:<'~k/' ' 1 *,''''''-:' Vft ''w*'%'*.'- f- r w %r ,;'. Safi *.-' rs:e ^ T 8- \-5^ ta*ut 5, 199 Mr* I r Sohvob JUaa* Brapbj 1940 8 7ahl drama 0 *lad , Calif* Boar Mr. t A w fci fahjaat M r t F . O tttM riM n * A a itio a i Onk Cbapagr V fiad iba Jab o f aaoanlatlad tba batallad lalbmatioo you n ^ u it4 la o m m n id tt tlu oala o f M r t 7 Cathbartaoft for U t jw r i 1990 1991 1992 1993 a * 1994 111 tat lotear bao vo had ootlaatod. Za addltloa 9o tka 8 Fnaolaoe o fflo a, aararal dlffaroot daparteaata hora la Laflw W r oro iam lvad, a d d tk thia a a tk ' o Yaaatiooa, va bailara 19 aaold ba iba aU o f dagoat bofbro iba labmaUoa aaa bo m moa! atad Vo txuat ibia dalqr 111 aot aoxloaolgr laaoaroalaaoa yoo, aad va v lll aaka w wy offbri 9o 9717 7W lib iba iabnuiloa aa froapUgr aa poaaiblo Tai/ tndj Toara, Q m O0MP48Z 8 6. labladt, i r m Baandrjr k VUaoa 120 Markat Stra a t 8aa Frm alaoo 11, C a lif . J . 8* Tajrlor, AC88, 8an Fraadaoo J . B. Z a lla r , ACfcS, Laaoaatar From Subject j # s. T a y lo r, San F ra n cisco Robert F . Cuthbertson Request for inform ation Enclosed are duplicate copies of Travelers Insurance le tte r dated Ju ly 21st which is s e lf explanatory. I t is our understanding th a t th is w i l l be handled by the Armstrong Cork Company's Insurance Department. I f we can be o f any fu r th e r h e lp , please l e t us know, DJM J . G . Murphy, Sacramento P .S . Please forward the o r ig in a l copy to Armstrong Cork Conpany fo r th e ir a c tio n . FORM 31801 1 - 88 CLAIM DEPARTMENT J. . JOHNS OaiiN Manag? /jMve/r&Juramr 4&>tnfiajtu* /tir .%tdmuu/y,xrmfainy/ July 21, 1959 BRANCH OFFICI 1956 Wsbiter Stra.t OAKLAND 12, CALIFORNIA TfliaptonM TEmplabor 2-8200 Armstrong Coric Company, 304 Shaw Road, San Francisco, California B-8972691 R: Robert F. Cuthbertson Armstrong Coric Co d/a 7-14-54 Gentlemen: Please sutmit a statement, in quadruplicate, indicating a ll inclusive dates of Mr. Cuthbertson' s employment; his salary (by the hourly wage and gross for the years 1953 and 1954; whether he was hired as a regular or temporary employee; his job t i t le and a brief resume of his duties; whether his duties brought him into contact with asbestos, and is so, to what degree; whether or not he was exposed to other materials which might have a deleterious effect upon the lungs over a period of time, and i f so, the nature of the substance and the degree of exposure; and whether or not Mr. Cuthbertson ever made any complaint with respect to exposure to deleterious substances or alleged i l l ness as a result of alleged exposure. Please forward the original and two copies direct to our attorneys, Hanna and Brophy, 1540 San Pablo Avenue, Oakland, C a l i f ., with the third carbon copy to this o ffice . Your prompt and complete cooperation with our counsel is earnestly solicited , as this matter is set for a hearing before the Industrial Accident Commission on August 13, 1959 Very truly yours, ;j j ^ Hanna & Brophy, Oakland N. H. Abreu Adjuster HOME OfFICE 7 0 0 M A I N S T R E E T , H A R T F O R D 15, C O N N E C T I C U T  iV .;...,-''.. y -, e. t.s-v- ">**-- y fc ' * _ 1~ . -'jtf w -14-. ** '**A -<( * v>rTt1^ - __ ^ - J L - ^ . . tJ*-- cjL^-J~<-dP ^ ./> .jr* ^r*-*- y + - ^ a-^x. e/ i#v-->- ^ i^g. vt t,,t-'>- J jl^ ^ t>^ C1.-**-*- -^r* ->" fV--. *_T_-, ` . _ J-- r--- jLt_--- ^ w7.^_*', - * sX*_ O-T^ - ' ^ -i. ~ /v-rV -*' A ^ j^ lt.'*C' .- *7^ ~^~-*- rt>.J~ < >*_ l-K^ rVU) /V-IT'C-* --<~ Cn*-Ci*J-rCM )>-*--<.V - `^ Z>w*~ w^nr"^* pps ' ) ' ^ 0^ ^ O' j ' y j \ \ i i* " I S S II il If, I H B P IIBIHHlilP . -annasisi HBEBBBk B B B B B flflB fii Eliil gggg MSP e --5 ill -u i l i l i 1 00 , s> m N - EBBDBmKSISil 1 IBIIII m*fW. 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Biradard Aoaldant Xaaorraoa Qrapray laaorad AmaUoag Corte Coapany darla tha jrtura 1950 rad 19&. la tta r pbotoatata br tha yaara 1952, 1959 rad 1954 bora bara arai ta tha Xraralara Oaklrad a f f l a i vbioh laaorad Araatroof torti Ooapmy tha thraa yaars la aaatloa Vaqr truly yowra, AMST1D1IO COK COMPAVI B. G. biadi, Jr* Zararattaa Baparbirai Jota I . fa lla r , AAB, Lraa. Jo ta 8, fu ria r, IM A , Sra Frraolaaa taloaara 0 M F E R R Y J R Ch4.*f o u( 1K Bu*td L K KIRK S Y M B O L O F S I R V l l l ( O H 1i U * * S S ta n d a r d A c c i d e n t Ii i h u p u h c c * C o m p a n y iHCcMOb*tirj e 4 ROY W. SMITH MANAASH 4M # \R P CASUALTY FIRE MARINE FIDELITY SURETY N o r t h e r n C a l if o r n ia b r a n c h O f f ic e 840 W EST SAN B R U N O AVENUE San Bruno, Ca lif. JULY 22, 1959 ^ FHONC JU N O 3-4000 Mm Armstrong Cork Company Lancaster, Pennsylvania Attn: r. C. schieot, Jr* Insurance Dept* Re: 96-C 960794 Armstrong Cork Company Robert f * Cuthbertson Date or Disability: 8-1-58 Policy: AZ 688800 ........ *.-J-1-5a T o 1- 1-51 Gentlemen: You WILL RECALL THAT ON JUNE 15# 1939 ME ASKED YOUR HELP REGARDING EMPLOYMENT RECORD OF ROY THORSTCD AND WHICH WE DULY RECEIVED ANO FOR WHICH WE THANK YOU* NOW WE MUST CALL ON YOU AGAIN FOR THE EMPLOYMENT RECORD OF THE ABOVE CAPTIONED CLAIMANT WHO IS NOW PRESENTING A CLAIM rOR ASBESTOSIS* The employment recoro we have received indicates Mr* Cuthbertson WORKED FOR YOUR COMPANY FROM SEPTEMBER 13, 1950 THROUGH JULY 17, 1951* INCLUSIVELY* WE ARC ENCLOSING ENOUGH FORMS FOR YOU TO COMPLETE FOR THIS ENTIRE 5 YEAR PERIOD AND ASK THAT YOU RETURN TO US AS SOON AS POSSIBLE INASMUCH HEARING BEFORE -THE INDUSTRIAL ACCIDENT COMMISSION IS SET FOR AUGUST 13, 1959 WE WISH TO THANK YOU FOR YOUR COURTESY ANO COOPERATION FOR THIS ANO PAST REQUESTS ON THESE CLAIMS. Very truly yours, VED/ms ENCLS* cc: V.L.P. Shriver Agency cc: Hanna A Brophy, attorneys (^, /iPc Vera E. Dowling Claim Representative / 7 -, 7 1 . 1 -M,. /?' i 1 '1 y Standard Accident Insurance Company Detroit Pilot Inaurane Company. 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U^r*)f ' - -S , SV , T'" `V "t " t, * ..'i p''' ^nw| i si.v> A i J i X ^ u ^ c l k . i- ,.'. iij.'j ,.u<&J?fiLWZJi:ak^'&fc.wta^iU! m I'T t "2 1 , Kl r-3^.<%I^a^EIfrc.--,c-W^sf3ilsVrih*!>^1LtflSilaat*^./.fcxb!fcsTaW' ^ ^r'v;? :?' ^ ITT^r^ s*^f'^3f^Trl???:^31^??^ 11.1/ i Ti'.1u %J kubiu^j.,,imtL*J&L *T**?T ''5/;,.P3 perro* trTr*i ra ^S fetal *.if" `JT**K'*W ,.;.a;?rtite. jSEfSi >\7 a -t MU M* ETTE ?Vfl 4*1 WMWrtS(WpW3l*JjP( .y' *> f 73i"*.'tj-*.m-t".e-vT"-*'r,,fS+a'pn*1i*'7*^*"7fte:-M } f . r,` '7 iN4 * *j (.7* r 'cr*'~*U^*TmT4lmf>l,^it.VMVM'Tfilrai*M*My.*A^g..'.,;-*;>-ft,,'i, ? v `^ *sa [^j kWlll ^Ji 1 PT W ^ fe^j,Cu Vtfiii&r CLAIM DEPARTMENT i. A JOHNS, Gafm Manager Ju ly 21, 1959 BRANCH OFFICE 1956 Webster Street OAKLAND 12, CALIFORNIA Telephon TEmplebar 2-8200 Armstrong Cork Company, 304 Shaw Road, San Francisco, California* B-897269I Re: Robert F. Cuthbertson Armstrong Cork Co. d/a 7-14-54 Gentlemen: Please submit a statement, in quadruplicate, indicating a ll inclusive dates of Mr. Cuthbertson1s employment; his salary (by the hourly wage and gross for the years 1953 and 1954j whether he was hired as a regular or temporary employee; his job t i t l e and a brief resume of his duties; whether his duties brought him into contact with asbestos, and is so, to what degree; whether or not he was exposed to other materials which might have a deleterious e ffect upon the lungs over a period of time, and i f so, the nature of the substance and the degree of exposure; and whether or not Mr. Cuthbertson ever made any complaint with respect to exposure to deleterious substances or alleged i l l ness as a result of alleged exposure. Please forward the original and two copies direct to our attorneys, Hanna and Brophy, 1540 San Pablo Avenue, Oakland, C a l i f ., with the third carbon copy to th is o ffic e . Your prompt and complete cooperation with our counsel is earnestly so licite d , as this matter is set for a hearing before the Industrial Accident Commission on August 13, 1959* Very tru ly yours, NHAJJ ccH Hanna & Brophy, Oakland N. H Abreu Adjuster HOME OFFICE: 7 0 0 M A I N S T R E E T , H A R T F O R D 15, C O N N E C T I C U T ( A r m s t r o n g CONTRACTING From j . S . T a y lo r , San F r a n c is c o Subject " Robert F . C u th b ertso n Request for inform ation Enclosed are duplicate copies o f Travelers Insurance le tte r dated Ju ly 21st which is s e lf exp lan ato ry. I t is our understanding th a t th is w i l l be handled by the Arm strong Cork Coirpany*s In su ran ce D epartm ent. I f we can be o f any fu rth e r h e lp , p lease l e t us know. DJM J . G . Murphy, Sacramento P .S . Please forward the o r ig in a l copy to Armstrong Cork Conpany fo r th e ir a c tio n . FORM 31501 1-59 t&u cj~7'-^ .s~^~^ ' / y ,hu' L^^yJ^k--<t(>*^ii, `'-*-6- ...__*)4+**_ _ (j^ ...'a --. - _/-i*vJL*j cJ*~ c j u ^ t + e f , ***-. ' t ju <-^A. ^ ~ t{. *--- <2i2>*_>-- > i_ -4 r-U p*~- ~"^-*^/"`* - C-'*- C.f^^.ft^A^. _^> L`- -,~ktf-a j/Ls<dLj A*^r*^rvT--C-tt '-S^nrvv^JX- /r--<-v^,^~c_c^ u a X^_ 0-<-r~i~*~t- ^^-'"V*-^. --*_^ ^ , _j^~f r.. ^ .. _*v .. u-r^& Lt /'~*-wv-*>-^ d-<-fi~s>~s j ,, /oJLtr-* U rvirC. JU & L . , .- ^ .`t* K A -, < i _ *"^ . <Lj*~ -*j t~<^/ ^V<-0 i A'-r'^La--^C- Cry^Cfi^D^rv-- / ^ -"^ ; o a ra ln g a ro o b rd o f Robert ? Cathbertson.during th ^5r8 a8ar4 c- tgr fra *a t# r# ;w ik a o a *a "cca (p *jiU o a ' ---- , 1952 > 9 5 3 > ad / . ... _ ._ w _ _ ........................... ? ^ ; > ? t .W `T. H i# title # .# # _ s k ille d i& s & a tle a ech sn io ia d u d Ch# apjCLioatiott o f a , ^ & \ " Teriou# types o f ^ p e w T a r fu g s fc id block, *- i l o .o f U t t i n g s ,.a n d th u s e .o f in e u la tin g im iatsic-fh # r Ufd are naaafacturod from a ptunber of differmibadoa&taHd# locludU- ;'- ;f:- ' '.lag, la part, coric'covering^ Sestos.f l ^ ' * s ^ o w > M t o d t s^ t T ^ j - ? ^ ^ v A-v ,:.c ;/ ..;'.reinforced ith asbestos fiber#, diatoaeceous eUe combined"viIh1* ^ - '.-;!; in e r a l .f i l l e r eod la g in o r a i-t o I ^ ^ V & & r? i c '~ i.-.-T~ . - A ^ A. .CT ? .A-ovtA ;* ,,- *: ;"A.a Va V ^-a a :a # kaov yoxoir attornerys# both iIn yootuxr Sea Froeisoasad Oakland office# bara bad considersble experience hmdling ssbesiosi# cdaia#A_Hov8Yr,A -* if >ott roquiro>orO detili# regardiag'vortiag eondltlons,*stV ple&se .Vi : cont&ciour KrJT# fl* fiqrlor, asnager of the SaaFrsnclgoo offlea of a rastrong Contracting cad SupplyrCozporatio n, avholly ovaed subsidiar/ o f J b a s t r o a g j t o i i 304> S b a ^ b s d jS o u th San_ ?n>.v A . A i *1A?-a,<5'^'4-AX;A;A-:''-'.^~Ay^V"v>JA\%:As'rAA^-r=!<';--iSj^T-v\';A-'A. - -Vbf - r-A A A - A A ....>.-A\ V -'"el " --' :/ -y--'- 7r-^ r. 3;- _ > r-,,j.V.V;t*I'^' ^ "'V**C-'. JU . S tiie d t, J r ; la corea ca A p artment ; Bicioraras:' ''- J-- A' A'i- ./">;'T'y~A?' . - *..+../Yi.'.'T- A A r'`--'`"V ~v- - 1 B* Zellerr,f'jACUi^3,^ ^taad^?d^..r-^-'.'^r''i"^'">'v'^>"t;.': ^ v;;^. J . i . S. f agrior, i'C`i3, `S'2a F"rendi*ec*o . . , :? .X & 9* S* Ib reu , Travalora ad ju stor : ; A Olani !(ai.),;-; T e* t- . - , - bum eoai * w oera r * iwuwrxaoa u a ^ -T ^ ;v rA ^ .i %>. r- .? ;r^.v : ; -, ^ Coric' C o a t g i f f i f . ^ :jSv./^tt-s-ig vr> V * fin d tb a jo b o f& c c u a u la tln g th e d e ta ile d in fO r a a tio n you raquoeted la --te; -r.s . :-v co n n e o tio n v ith tb e d a l a o f Robert F* Cuthbortson .fo r th e years I 95O, l$ 3 's ? j, S f. : ^ < v ;-1953^. l $ ? i f `m 954 v i l i taka cwger, iban ya bad ~-~ t r .- '- ` - - ". V v - ' ^ ^ -, -. ' . ' i ; , ; ' ' '*-> *'; V j L '*- '- .- 4 - : V * - T i - i j - t f ' -- ' ; '; * - v - i V - r - :v' ^ v - v * v . > ' - " ? * % ' f x 4. -'-^v, ^\Vr&.Vv .l'StJ^'--s-s-' >Si"?:-- '.-%^>.r2.\v,^v>;v-* *"=.v7.sf-f>wVv;,;jii-S:\t ~.:vr,'*... K: w _ ^ V ` la /a d d itio n t o t h Se orea c i sco o ff!c e < 'eeTeral d i f fero n t, depertam tg bere!;/ la Lancaster4/are inTOlv<d /aad *dtb. b ie v e ;lV ?':;/ ' j '' ooold be tbVrd o f l ^ B t befbre tbe ia o n a a tio ii a be~6cdBaIaisd^;^ -f; : >;i^ Vet^txusV t ^ s ^ c / y it t a o t s e r io u s ly iabon yitcnce you,T#ad ve 'v i l i , aake -? y ''-v-'vvXY Xasurmoe Departaeni ;i.--;''5-'H- ^'--*:.v ":vv w ' `-Y ;'-. * /.:-.-.fv'. ".' ^ ;--'" '-Z -`--,,.`-i '' i?v^f>:} : ,<- ' /V<\.---:. .-._-;? '-T',-'*>-;M^.;**V_t.;-S-?=,^?t,'rV:._.v-:gt--;*'."T:i-'-.T:'vir-,--'rs"~'.-V.`..^V-5*:*-.';.K^rv';Y > ; - \ -/r'':i-',,\-Zy.'''",'r''4--- v- Beaadxy & V ilso n 420 M&rket S tr e e t SLX-Z' ? 6 ?- 6 -> 9 - 3 6 - 3 **-/* 5" ~ / 3 - S' 3^ >S^Lw - <??. " A I/* 7 - <5 -4f 3 ''& ? ~/*/--s f . V > 'wi*i'j %s$f4s$[.iifcJf ^ ( i H ^ S l H"* '> -;i-V,,:vrv ,>- fe\ *.-'~^v^-^;-;'.--f ` -*- * Te-F! A T T T 1 R . Y S C W l l i S O I f f * i n s u r a n c e a d j u s t o r s 4 2 0 MARKET STREET SAN FRAN CISC O 11, CA LI FO R N IA EXBROOK 7*4171 August 3, 1959 The Armstrong Cork Company Lancaster, Pennsylvania Attn: R. C. Schiedt, Jr. Insurance Dept. RE: Robert F. Cuthbertson vs. Armstrong Cork Company Our File: 59-199 Gentlemen: We have been assigned to do some investigation work on the above case by Mr. Ivan Schwab of Hanna & Brophy's office, who are handling the hearing before the Industrial Accident Commission for the Traveler's and Standard Accident Insurance Companies. This case has been set for August 13, 1959 In order for us to complete our investigation, it is necessary that we obtain some information from you and also a letter which can be submitted to the Industrial Accident Commission in the event we are unable to prepare the case in time. The information we require is the name and number of each job Mr. Cuthbertson was employed upon during the period September ! 1950 to July 17, 195H. With this job name and number, we can then obtain the necessary information from your local office, Armstrong Contracting and Supply Company, which will enable us to determine what type of materials were used and handled by Mr. Cuthbertson. As you know, Mr. Cuthbertson has filed a claim for asbestoses. We are trying to determine the amount of materials he handled containing asbestos, and the amount not containing asbestos. The above information as to the name and number of the job should be sent directly to us as soon as possible. In the meantime, we would appreciate your writing a letter direct to Mr. Ivan Schwab, Attorney, Hanna & Brophy, 15^0 San Pablo Avenue, Oakland, California, stating that there will be some delay in developing the information in this case. Please include in your letter the reasons for this delay, i.e., distance involved and inaccessability of the records. - 2 - Mr. Schwab can then use this letter at the time of the hearing on August 13, 1959, to request an extension of time and another hearing, in the event our investigation is not completed. Thank you for your courteous and prompt reply in this matter. Cordially yours, BEAUDRY & WILSON REB :ms Richard E Beaudry * iv - - > ^f l> 4T_x ^ '*"-. *I ,.*V.' *-iv_*5.*-r- -- Armstrong C o n tra ctin g and Supply '& r w r a t l< - *''-. . ...i , , I t t case' you a id n ot ro ce lr a copy o f .' t i e Beaudry $ V ilso n le t a Thermo-Fax and voriceheets con tain in g p a rt o f. the in f requescteda Iin thmeeB enaeauudarry Aa wV ililssooaa leetntteerr. ; V J' \v* .? ;v - :few.--Rwow*td^.wfb*r; -ti*bie year 199500 hare been destroyed 0s0o . th a t the Pey: those contract# w riced on by R . F* Cathbrtson st< Arthur Boardasa, C o n tro ller* a Department, then l i s t e d vith''wfa< v ^ < ^ xV* Bad th e con tract* .Vhere th e inform ation i s not en tered, A lo c a te , the p a rticu la r file s * ; Thought perhaps your, f i l e s a' ;' (.'* -t'.is th is .in fo m a tio n 'in ." , ^ d j cahe. you c x ^ d q o a p le te jh e inforna; l"iiis n 1?fc- In r ie v o f th e f i r s t senteaCe in tHo l a s t paragraph, page one your e a r lie s t couranie - -' _ ~ . ,- V - t.- - . * * *- V .-.vi -V . . S - . . . . - - - V -r- - . ..................7 .-- * ,, V , . . - ^-^r-. Very tru ly yours, / ' -.y 'u' *j y v - ". 'i\,*:'?f-.:'/- A s t io s a .bok';COMPili J * B . Z a lla r , ACStS, Lan caster - * >,* i '~ - - v. v"?/ y. ** -Cr4:.-V-S.-**u* ^; ;t/, 'y. v/y'* -y.'**> ' "* ;:'?'.<-<-.?.>... K : * ? .t-. s --;u.-- v'---i'. v v /:r*' ..:;\.f;* 'v r/ y:-f /-'-V*'-. '>>>>-.'. v. -v.y-. ? >';' 4 J O H N H. ANEEIS, R e f e r e e ' Oakland, Adgusfc 13 , 1959 CTHBEETSOH -- 59 OAK 1053 Injury; Asbestosis REPORT OP REFEREE The employee, a n insulator, b o m K a y 4, 1928, claims to have contracted asbestosis as a result of his employment. Nothing has been paid. ISSUES: 1. Injury. 2. Medical. 3. Statute of limitations. 4.. lack of notice and prejudice. 5. Jurisdiction -- maritime. APPLICANT testified in substance as follovxs: Ee obtained the employment records from the union and the employers. In /illy of 19^-7 he started to w o r k for the Plant Asbestos Company end worked through January of 1943. The period of employment was about seven months. He worked on ships for this employer, and cork teas used for insulation. Ee worked for J. T. Thorpe from Kay to Eocember, 1$48, applying asbestos insulation on.one job in Tracey and one at-Hunter9s Point 9 a power house at PG&E. Ee cut and fitted asbestos material and us e d t;ire and mud in the application. This work went through January of 1949. The places where he worked were enclosed and there would be dust there. Others were on the job. Ee then worked for the N e s t e m Asbestos Company from January, 1949 9 to Kay of 1949. On that job there was also some insulation of asbestos material for FG-hE, and also for the Union Oil Company. - Then he 'worked again for J. T. Thorpe from Kay 11th through August 10, 1949. This vrork included Fibreboard Products at Antioch.. The work was all in an enclosed area. It was hot and dusty, 'and there wa3 dust from asbestos material. Frcja August IX, 1949# through February, 1950# he worked for Plant Asbestos and the work was at Fibreboard Products at Antiocn. Th* work wa# tdva caa and the conditions the atune. r**m ***li %JP t* 1 *1 3 % J, 1 9 2 *?# b vork-^d for th Western #*?**** G&t&tasg %m a l % l Sf*swci* Loo* at Kota Lending* 'Siia vras the tern- tjrs* ot & & 4 a t 6 9 inflation, and it uas in enclosed and 'dcsty plttfs# . O n August 20, 1950, to September 3# 1950, he again worked for Plant Asbestos at Galland Laundry. This job was very hot and dusty. F r o m September 13, 1950, to July 17, 1954, he worked f0 1 the Armstrong Cork Company. . There were about nine months at the PG&E plant in Antioch in 1950 and he worked at Travis Air Force Base most of the balance of the tine. Also he worked in this period at Regal Pale for two months w h e r e they vised cork insulation, and there were other smaller jobs during this interval. The PG1S power house job was very hot, and Cuthber-tson - 2 he worked for Plant Asbestos Company which was all asbestos work at various schools, and he worked continually for Plant Asbestos through December, 1958, except vrhen he w a s off o n account of a leg injury in 1957. The work m s all asbestos work, mostly in boiler rooms and close quarters. He saw Br. Crenshaw on Ju l y 29, 1958, on reference fr o m Br. Lawrence, his family doctor. He had seen Br. Lawrence two or three weeks before and he did have pneumonia in February, 1958. Ee had surgery at Richmond Hospital on August 3 1958, and h e was advised by Br. Crenshaw following the surgery that his condition was due to his work. He h ad worked through August 10, 1958, and was off three months, and he returned to work at Plant Asbestos on November 4, 1958. Before his surgery there were no masks worn on the Job. Ee is the same type of insulation work now but wears a mask when on the Job, continuously. Ee has slowed down physically and he hurts all the time. doing Ee did not work on the Eurgermeister Brewery for Armstrong but he did work at Uapa State Hospital for Armstrong. That was asbestos insulation work and living quarters, all underneath the building. He did not use wool felt there. Ee recalls working at the State Employment Building in San Francisco for about a week, insulating the storage tank. Ee does not remember doing the Job at Borden* s Dairy in Oakland but he could have been on that Job. Ee worked in a radio transmission station between Davis and Winter one day. E e did not work on the Camp Eeale Job. He worked at a refinery in Rodeo two weeks or so in tunnels under the highway, insulating. The Travis Air Force Base Job took nearly two years. Tihere v/as some wool felt used on that Job, but mostly asbestos. ass '" I t til S 3 M IKSLL i,iSl5 2 flnOn^*Lar*c*bl*<^,. worHkoed witMb sM sbrobtrho0trher his c o c S n d ^ o ^ ^ a S o ^ ^ i q S 4 hL h? ?rr Tompson w--ent-i f tW e two or was tn T d L three tico * 4 e r tL aiout h?n , 8 ^ - t0 navinS D" i ^ ^ c n asbestosis, to He tro tatenf 3` Ke i s Rot * hen the seconfi x -ra y s **. " " to first saw talren at Richmond Eosn-'t-l pt cl/?SiJ DJrid Ptan. He had X-rays informed Dr. Eroi-'n f-bsi v c:?-r*:9 pneumonia. He not inform Br. r^n^' of -?10c? er* ,-unS trouble but he did of Br. Thorrroson." * X Ui"~' -'r'ev^ous check-ups he had at the hands Dr 5?-, .0u? f hospital from his own surgery that ur. Cl wi_i.au *,oid M m he haa asbestosis.  k'^ f- Cuthbertson - 3 He inferred the Plant Asbestos Company that he was soins to the hospital. He believes that Blue Cross paid most of the medical bills and some o f Dr. Crenshaw*s bill. He paid about $50. in hospital bills. He drew unemployment disability benefits at $50. a week all the tine he was off, and he also received $12. a day for hospitalisation. He hnew that his brother Jack had a proceeding before the Industrial Accident Commission. Ee understands that diatomaceous earth is the same as asbestos. When he saw Dr. Thompson for a chest check-up he had no chest pains. At that time he w a s working f o r Armstrong Cork. Br. Etompson told him everything looked all right. In Kay or June, 1953, he began having chest complaints. He stopped smolsing on the advice of Br. Crenshaw. Ee was troubled tilth* shortness o f breath last year. He was off a week after he returned to work in November, 1953> and then he was off another week because of his chest. Tie eighty-five p e r cent magnesium pipe covering that they used is manufactured b y Pabco. They always use Pabco materials. He did not lose any time before August of 1958 because of his chest. Ee also worked in some old buildings for Plant Asbestos. He did not have pneumonia before February, 1958. He did refuse to w o r k on a Job recently becau.se they did not have a blow fan. Ee is still under Br. Crenshaw* s care. His present complaints are in effect that: he has slowed down, he has some pain, he cannot sleep as well, and it is hard to work. Ee has been a foreman since 195*5- cn. was J. T. Thorpe was all b l o c k w o r k and that/worse in respect to dust. This was eighty-five per cent magnesium pipe covering. It was made by Pabco. . He has covered all the eemployers for which he worked but he does not reaseabwp all the odd Jobs., -=w > lie vorkod viU* hi# brother `trem 19*5-9 through all" of 1550, v . i:sW v^` '+1 f i" y- v~ Vi'; vV , 5- M # f fc* W Is* % lt4 to tftt *M UI did rm t o i hlstoty &f hsirltt a lot of colds. He ' perhaps 'or.-*-or two a year* In hit bout with pntoaonia he was In JUc'?.ond Hospital about throe weeks and stayed boss about six week3. Ho felt fairly good after that, He cannot pinpoint the time when his chest pain developed. It was either in Kay or June of 1958. Ee got so bad he sew a doctor in July. It can be very dusty when they cut asbestos. They cut it on the Job as they went along, and the pounding and fitting would always cause dust. r**% & & & - X . '* * * ' ' ' " -1 Cuthbertson - 4 OAKLAHD October 22, 1959. RICHARD 3. BEAUDRY, called by the Defendants Travelers Insurance Company and Standard Accident, testified in substance as follov;s: He is an Independent insurance adjuster. He reviewed the Job records on vjliieh the applicant worked between 1950 and 195^ at the Armstrong Cork office. Ee worked w i t h J . S. Taylor, the plant manager. A tabulation was made in the heme office In re sponse to a letter of Avgust 3, 1959 (Defts. Ex. 5). The information under the column "Materials" was made as the result of his inves tigation of the obtainable contracts. The percentage in this col umn "Materials" stated the amount of material used on the Job and not their content. The initials MFC stood for magnesium pipe covering; EG for "fibreglass." Where there is a dash in the materials column, the contract could not be found. He made a special study on the Job at Travis Air Force Base. These were marked as Indicated by the X's. This tabulation supposedly covers all of applicant's em ployment with Armstrong Cork. US VICTOR SAGUES was called by the Defendants Travelers Insurance Company and Standard Accident, and testified in substance a s follows: He is the president o f th e Sac orno M a n u f acturing Company, They manufacture pipe insulation, pump packings and the like. He has had 25 years of experience. He started in 1934 with the Plant Rubber & Asbestos Company, and worked with them until April 1, 1948, when their factory was bought by Saccmo Manufacturing Company. They manufacture wool felt insulation. They obtain their materials from other manufacturers. They use crepe wool felt, which is laminated, and then covered by asbestos paper. Tills is then covered wi t h muslin and-the muslin will overlap about one and one-half inches at one end of a 35 inch section. Wool felt is about 3 0 # rag base, and 5 0 to 6 0 # wood pulp of th kraft stock. Next to the pipe there is a water proof tarx-XiiYr. The asbestos paper is a six pound asbestos paper, and is filled within the wool felt paper for a three inch thick wall. 13 to 14 layers of wool felt are used. This is the standard wall. They will have smaller and larger vialis on the insulation. The &sbe3 to3 paper la 40 to 50$6 asbestos fibre. The balance is i?ood pulp and Kraft stock. There are fillers and sizing to give the Btiffncoa, In the manufacture of air cell Insulation, they use a lx pound asbestos, which Is corrugated, and then four layers are .jealn&tad to build up a one Inch wall. A d h e s iv e used io silicate t&ipm w a t e r g l a c e , This ia also wrapped with 1 **& AL I ** .!*?**$*#& *|ff*%/*J*. .!>.*** ` ' | U * jnhi with tm n*i on Inch and a'half g#wnr*lly u w t f ** cold wttiM* IJ* 7h* #*** fesr* 'W?.-' -*.*** * * * : : -$ m * m f '- -if *sr . ' S'-.iV f ^ U i W t r U l i ih-t ' Cuthbertson - 5 PAUL NIETO, called by Defendant Industrial Indemnity Company, testified in substance as f ollow: He is vice president of Plant Asbestos. Ee lias been w i t h them for 12 years. He knows Cuthbertson, and has known him for the last six years. He is familiar viith the over-all materials used b y the company. They use 85# magnesium pipe covering, fibreglass and wool felt. They also use foam glass, cork, and air cell covering. He does not know the breakdown or content of 8 5 ^ magnesium pipe covering, but there is a certain amount of asbestos material. The asbestos materials would be adhesives and cements. The last two years they primarily would be fibreglass materials. Five or six years ago Cuthbertson worked under his direct supervision. He then had no lung complaints. He had heard that Jack Cuthbertson, the applicants brother, had lung. trouble, and that the applicant was troubled and worried. They do not manufacture the pipe covering but they buy most of it from Pabco. They use 8 5 ^ magnesium powder cement, which they raised wi t h water in the work. GERALD CRENSHAW, M.D., testified in behalf of the appiican in substance as follows: He is duly licensed to practice medicine in the State of California. His specialty is diseases of the chest. Asbeotosis caused the a p p l i c a n t 's disability as it caused an improper* bronchial drainage. A piece of lung taken out at the lobectomy indicated the presence of asbestos fibres. The applicant w a 3 still under his care. His various employments were the only places where he could have gotten asbestos in his lungs, and he will need observation for some period of time. He first saw the applicant July 2 9 , 1S58. He never took a complete work history but he had a history of recurrent attacks of pneumonia previously last year. There were X-rays taken in October 1953 November 195^ and Mar c h 195^. He can not tell if he had all those X-rays but he attempted to get them. Ee does not remember if he reviewed the reports at Herrick Hospital. The X-rays taken at the Richmond Hospital on A u g u s t 15 1953. A bronchoscopy was m a d e on August 13, 1958. He certainly saw an X-ray report before the operation. The X-rays shot? an infiltration but they did not demonstrate v/hat the infiltration v?as Ee submitted the lung tissue to the pathologist at the Richmond Hospital and received a report as indicated In the hospital record. A specimen was then nenfc to the laboratory of the State Department of Health. Ee never received a written report from the State laboratory but he reeelved an oral report frost Dr. Singman, a pathologist. * Mamoneo . s!** ** t s U L V F t F l & O thrra va pE*j&*ftt .w-*'? *J-,r5t'}ihm. iim (.jpj i ( j) srj-tM ?* Salting orer the f*n j infection. * temperature and further anti. T h is lo the th ird ,, e x p e . * e c c e , O th e r o s e e s w ere t h a t o f nia i?ace4.^*at s in his p i o r e t e d . T h e i r e s p lo y r -e n t r e c o r d u .,2 p? ^ 5 f nfc ? bf 0 t h 9 r a n d a H r . in f a c t , C u th b e rtc o n 'a Ko^k h is t o r v 0 c0 th a t o f Cutifoarteo was identical. / Cuthberfcson - 6 The biopsy was major surgery# and was diagnostic. He did not feel that fibreglass had a great effect. Recent surgery indicates that it should be avoided. He told the applicant that fee had asbestosis right after the surgery. Asbestos within the lung impairs the function of the lvmg. Elastic fibres of the lung are affected. DAVID SINGMAR# M.D., called by the Defendant Travelers Insurance and Standard Accident# testified in substance as follows: He is duly licensed to practice medicine in the State of California. His specialty is pathology. He does the pathology at Richmond Hospital. He received the specimen indicated by the hospital re port. He does not know the exact number of actual specimens. He submitted specimens to the State Department of Health on December 8 , 1 9 5 8 at the request of Dr, Crenshaw. He brought them up to the Department of Health himself. He also received th e report of fi.A. Soave, a doctor of veterinary medicine. He was then called to S a c r a m e n t o fchere th e y had special X-ray diffraction apparatus, and the quantity of formed asbestos was even demonstrated in the tissue# as indicated by the report of the State Department of Health. It follows therefore, that there was asbestos In the lungs but not enough to show In ordinary X-ray technique. Ee can not tell from the repo t as to the quantities of materials found. He called Dr. Crenshaw when he received the report, but he can not recall if he sent copies of the state report to Dr. Crenshaw but he usually does. If Dr. Crenshaw did not get a written copy of the report the fault was that of the witness. He, himself# did not see any abnormality of the brcnchii if it is not in his report. Dr. Crenshaw lias unhappy with his first pathological report because Dr. Crenshaw had expected to find asbestos, and therefore, suggested that it be sent to the State. Fibrosis is usually found in asbestosis cases as is usual in silicosis cases and generally, the particles can be seen. Most of the noxious agents that affect the lung will cause fibrosis. ROBERT CDTHBERTSON, recalled, and testified in his own behalf as follows: He did not work at the Pacific Coast Portland Cement plant on May 11, 1952, nor on the Walnut Creek School on June 29# 1952, nor at Camp Beale on May 3# 1953. It was the p r a c tice of the company to shift the payroll records to another Job when there was a loss on a Job from which the payroll Report was submitted. Ee recalls all the- Jobs in the tabulation except the three he mentioned, Ee Is not a cork nan so he does not use too much cork. He believes that he Just used cork for about a week in his employment tilth Arm strong. V.' . . ox-icusdicm nnczaioxt Of* $ fe# #*?& *% of #. 9,# im m tm r ,- w*r'*#rv#d ad - - " >r. * ; -V" 4 - '4 # ^ ^ 4 4 t : ; : ; v* ^ It Mould appear that tha report o f Dr. Erovn resolve# any apparent medical conflict heretofore existing In this case. Dr, Bro*n concluded that the applicant docs not have asbestosis. Therefore, a denial must issue. JHA:afs/ws/rc JOHN H. ARSELE, Referee iI \ % ROBERT P, CUTHBERTSON vs. PLANT ASBESTOS COMPANY, et al December 29, I960 CASE NO. 59 OAK 1053 ;:^ :^ -REPORT OP PANEL ONE Based upon the report dated March 30, i960 by Dr. Shipman, Independent Medical Examiner, it is the conclusion of the Panel that applicant did not sustain injury, arising out of his employments from July 1947 through December 1958. The Panel further concludes that the disability complained of by applicant was not caused by any injury arising out of and occurring in the course of his employments. Decision After Reconsideration should accordingly issue. INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OF CALIFORNIA . p t:.A, . E L T O N C. LA'.VLESS Commissioners - ^ i \, : fei 13 * V\ '- '1 ^BnErFiOARnEn TrHmmB IvtltihDfvMSMTfKiITlAvL AUCXubfrl ^UUArtJfMATDee.CiT.fut.Mw AUTr? fxptTTuTa? o i a u AvjTt? A AT.TT?APTXTA 2 - \ ,.CASE NO, 59 OAK 1 0 5 3 .. 'N''* ^ v>v'.v?C^--* ;v^' v "-- . ' ' . 'I**,./.w"a'-"'i3 ROBERT P, CUTHBERTSON *,^ v. r-;v> : ,, .^v> 17: ` ) i l-*Y ~ ..-J'` 4 vT-w v-'V: i zf v ^ ; \ 5 . ' . 6 . -. - 7 , 8 .9 *' - - 10 r ): .- ^ , DECISION ..i - A F T E R RECONSIDERATION PXjANT ASBESTOS C0 HPAN!f| J T - ,,Vv -. ***-, r. THORPS/ WESTERN ASBESTOS COMPANY, .. '.V\; ARMSTRONG CORK, TRAVELERS INSURANCE ) ; ' `'''''i'--..->ti^';. C O M P A N Y .INDUSTRIAL' I N D E M N I T Y . a m - , ~ COMPANY, PACIFIC EWPJLiOYERS> -.V r, f<^3{|8 nfifflIoh rffiitviivvvH*C* INSURANCE COMPANY, STA!IDAiU>;-:B'^ V. ACCIDENT INSURANCE COMPANY, ana. < v v ty>L::N\*- STATE COHPEHSmOS: raSOHANOE '5: ,v n H to :; ; .Reconsideration having heen granted herein and the" - 13 14 15 ' 16 matter having been carefully coneidejieS^iWluding the report' of examination by the Independent Examiner, as wo 11 as the record as a _.i(flioiei''thl". ^oheiu^s that further . proceedings are hot essenti^^jTo^ jthe ^deposition of the claim, 17 and makes is Decislon/After^ResjsnsideratIon, as follows* / ; 18 -s 19 'GOOD CAUSE A ^ ^ A 5 ^ 3 THEREFOR, -'v: T&r. }'-6 [ IT IS ORDERED that the Findings and Order, filed herein 20 21 22 23 .24. ..> -r:' '* 1 28 . . .; 27. December 15, 1959 be, and the same hereby is, /affirmed and adopted - * ; . :.-rv.-; - . -. as the Decision After Reconsideration, . . v .' ' :; : ' _ >* / . -- .. N; ; ' V : ;r ,4 INDUSTRIAL ACCIDENT' c c m n i s s i o n OF OHS. STATE OF CALIFORNIA -Tv .' "?CV -JL? fs ^ *r ";-v` T * A * LAV'T2 >ics ' r- /it . i -^ * 'v . ' - * . v,. \ -i ' * - . ; e --t c n .c , L m v c * " - 28 Comaissioners 29 ' .` ' ` . _ -V 30 - * " - '.*- . , \ '" .. '. ' -J - . * - . *-- _* ' , . * , 2F1So2r9me-s2o9I7SOM PO nyupmj* .wmi'!-IjI Af.->'riiy-` -- 'V ' E n clo se d fin d in g s and order r e s u lt i n g from the c la im o f R obert F . Cuthber t s o n ...v s . various l o c a l i n s u la t i o n c o n tr a c to r s p e r t a in in g ^ to^an Asbestos is claim , , ' ' .... You w i l l ; r e c a l l , e a r l i e r i n the y e a r we r e c e iv e d from the Arm strong Cork Company a d e t a ile d l i s t i n g - o f employment, o f t h is ..a p p lic a n t . w ith . the re q u e st tha t. we substaritua te'. the produc ts used by him ; '/ du ring' h is,' tenupe^r of; ei^loyment\and^r e p o r t. same ..to- Mr*.^Richard- uy E . Beaudry, Insuance A d ju sto r*. "H" I assume you w i l l want to n o t i f y the Cork Company o f t h is fin d in g s * and o r d e r ....T-~: . ' : ' V j -I -jV. DJM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JHA:rc OAK 1053 PILED A ! SERVED: DEC 1 5 1959 On all parties of record-- R .Crowley BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO. OAK 1053 ROBERT F. CUTHBERTSON ) Applicant ) vs. ) PLANT ASBESTOSCOMPANY, J. T. THORPE, ) WESTERN ASBESTOS COMPANY, ARMSTRONG CORK, TRAVELERS INSURANCE COMPANY, ) INDUSTRIAL INDEMNITY COMPANY, PACIFIC EMPLOYERS INSURANCE COMPANY, ) STANDARD ACCIDENT INSURANCE COMPANY, and STATE COMPENSATION INSURANCE FUND ) Defendants ) FINDINGS AND ORDER 4t The above entitled matter having been regularly submitted before John H. Ankele, Referee, said Referee now makes his decision as follows: FINDINGS OF FACT 1. The applicant was employed b y the various employers above named from July, 1947 through December, 1958, and alleges that he sustained an injury arising out of and occurring in the course of his said employments, consisting of asbestosis. 2. Applicant did not sustain any injury arising out of or occurring in the course of hi3 employments from July, 1947 throu December, 1958. * 3. The disability of which applicant complains was not proxlnately caused, r caused at all, b y any injury arising out of or occurring in the course of his employments, or by his employmeh ORDER IT IS HEREBY ORDERED that applicant take nothing by reason of his claim asserted in thi3 proceeding. JOHN H. ANKELE, REFEREE INDUSTRIAL ACCIDENT COMMISSION