Document 3R5a1k486GqM9B0Zab9pwmLJ

FILE NAME Insulators Workers Comp Claims IWC DATE 1966 DOC IWC064 DOCUMENT DESCRIPTION Claimant - Lumbattis Vernon From M Archive File Name Contract Unit Claim File Vernon Lumbattis Feb. 2/66 Scanned ? yes Source JMA NS Start Year 1966 Stop Year 1966 Contents claim Notes WORKERS' COMPENSATION APPEALS BOARD - CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION prior to 1966 APPLICANT VERNON LUMBATTIS Insulator CASE # LA 291957 DATE CLAIM FILED Feb. 11 1966 INJURY ALLEGED Exposure to Stresses & strains of employment ALLEGED DATE OF INJURY 1942 21 1965 EMPLOYER INSURER Baldwin Ehret & Hill Fibreglass et al including J Sales OTHER NOTES No _ apparent Canadian carrier Pneumoconiosis probably due to asbestosis Total & permanent disability DATE OF RESOLUTION Aug. 23 1968 RESOLUTION 3 Compromise & Release apportioned among 18 carriers 30,000 settlement . . DOCUMENTS COPIED 1 Compromise & Release # # OF BAGESBAGES Lo tinwte n 4 4 . ~ to Capers + he wa cs CLAIMANT oo Vernon Lumbattis Lumbattis California Workers Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. American Automobile Ins Co. oAmerican Employers Ins Co. American Motorists Ins Co. Argonaut Ins Co. oAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. Casualty Ins Co. of California Employers Liability Assurance Corp.Ltd Wisconsin Employers Mutual Liability Ins Co. of - - oFidelity & Casualty Co. of New York Fireman's Fund Ins Co. oGeneral Accident Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance co oGreat American Ins Co. Hardware Mutual Casualty Co. Sentry Industrial Indemnity Co. oIndustrial Indemnity Exchange Insurance Co. of North America Ins Co. Liberty Mutual Ins Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. Mission Insurance Co. oNational Automobile & Casualty Ins Co. ONew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd Pacific Employers Ins Co. oPacific Indemnity Co. Reliance Ins Co. Standard Accident Ins oRoyal Indemnity Co. oSecurity Ins Co. of Hartford U.S. State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins Co. Casualty Ins Co. The United Pacific Ins Co. OU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. 00 oo 23 5/81 - WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 VERNON E. LUMBATTIS PB CASE NO 66 LA 291-957 @ Applicant . ffif VS. \ BALDWIN EHRET HILL INC et.al 3 Defendant CERTIFICATION 18 I hereby certify that the attached documents are true 1138 and correct copies of the original documents filed in the records of this office in the entitled matter ATTEST my hand and the Seal of the Workers Compensation Appeals Board of the State of California 16 1199 21 24 Dated at San Francisco 25 California this 6 26 of April 1981 day 27 DIA WCAB FORM 8 NEW 1-73 CONT CONT GBP DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ACCIDENT 1 Herlihy Herlihy Jones & Nelson Attorneys at Law . 1537 2 Suite 740 Roosevelt Building 1537 1537 1537 727 West Seventh Street 3 Los Angeles California 90017 4 Telephone 627-4911 5 Attorneys Oo 7 The for Travelers Insurance Company Insurance Company of North America PaancdiftihceiErmApslsouyreerdssInsurance Company 8 WORKMEN'S COMPENSATION APPEALS BOARD 9 STATE OF CALIFORNIA 20 20 ee 1111 VERNON E. LUMBATTIS ) 2 2 Applicant 13 13 vs, Case No. 66 L. 291 957 Social Security No. 561-28-5882 14 14 BALDWIN EHRET HILL INC et al 15 15 COMPROMISE AND RELEASE 16 Defendants 1717 Applicant hereby requests that the employers herein- a after named and the insurance carriers hereinafter named be joined & parties defendant in this proceeding and that all other parties be . dismissed as defendants . The parties hereto for the purpose of compromise on 23 hereby submit the following agreed statements of fact 25 Boulevard 1 Vernon E. Lumbattis 12459 East Firestone 25 Norwalk California employee herein born on November 29 1912 claims that he was employed in the State of California beginni in 1941 to date hereof as an insulator as a laborer and in other hereinafter employment classifications by the employers named some 29 of said employers being then permissibly insured the remainder of said employers being then severally and separately insured as to 3131 workmen's compensation liability by the several insurance carriers 32 hereinafter named and that he claims that he sustained inj zy or -1- 1 injuries arising out of and occurring in the course of his several 2 employments as follows due to exposure to dust To and his due chest lungs and other bodily part to stresses and strains of employm or sustained other disabilities or injuries in some other manner It is claimed that said employments and injuries caused temporary i 4 Applicant permanent disability and required treatment 2. states and represents that he was employed or hired in the State of California by the following namer 9 employers and none other to wit 10 12 1415 el 18 19 18 2 3 3 3 ae ee we Te e and Address 2 a ay ; 5 Emil L. Smith ; 7 _ 10241 Victoria Avenue we ^' Whittier California ; - & California California Shipbuilding Shipbuilding Corp. : Wilmington 6 Wilmington California 4a : 7] C"alifornia Shipbuilding Corp. 8 Mundet Cork Corp. 65 South 11th St. 9 BBrroookolykn lyn New York =, wo ee ts 1000 South | & Co. ; South Premont Avenue Alhambra California Y ,; Pat's Conditionaire Inc. . Home Insulation Contractors ; 1840 South Cloverdale Avenue : ' Los Angeles California Webb Corp. Box 7588 , _ Phoenix Arizona ; i S~-... 10 . Morgan Bros. " Marine Supply Engineering & Supply Co. : : 11 ; . 3430 East Slauson Ave. . : F. Maywood California 7 co 12 oY 13 Co. ee Cork Insulation Insulation Inc. .. < New York New York wo : 14 - Cork Insulation Co. Inc. | : . i wed a oD * : : i ee mo Dal K Habb Corp. ws pe | Int'l Ass of Heat and Prost Insulators East 37th St. Maywood California California 18 16 17 me 20 21 Asbestos Worke : \ Plant Rubber & :':, 537 Brannon St. San Francisco California of ; 7 Lo. :- Guy T. Atkinson Co. 2 7 a George Pollock Co. P.U. Box 259 . Long Beach California Shipbuilding California ShipbuildingShipbuildingShipbuilding Soy. Kei . tees ee" Corp. * Corp. . me Lynch Asbestos Co. 2152 Sacramento St. Los Angeles California 7 : Fibreboard Paper Products Corp. 1789 Montgomery Street San Francisco California -: . R. T. Dinwiddie | 532 Coolidge Drive : San Gabriel California : 4 ee an 22 a3 2:! ~" } nt N N | Atkinson Co. | GeorGeogrgee PPoollockllock Co. , et 4 - rane Harine Engineering & Supply 941 East Second St. Los AngeAnlgeles es CaliCalifforniaornia Co. eS wa UF at Plant Rubber & Asbestos Worka N N N WW WW 32 Marine 7 Engineering & Supply Co. - 4 od . oe ; - : Ben Lang . 4465 Best 52nd Place Maywood California , . . ; | Mee Py On ! ae " og Pat's Conditionaire Inc. - 1015 West Second St. : : oo re Los Angeles California ==: 5423 Company Flemish Lane Los Angeles Californis Loe bets A.mstrong | Liberty andand CharlottChearlCohttaerlotte Sta . Lancaster Pennsylvania Marine Engineering & Supply Co. " a. Munger and Manger 174 Rast Union St. j Pasadena California Py ot an R. T. Dimwiddie ; | Armstrong Cork Co. 948 Thorpe Los Los AnAnggeelels eAngelses California wh _ pe va, 1 Wows mt womemee | ~ Insulation Thorpe i Company Thorpe South Yates Avenue : Californis wD Los Angeles cmmemwee 8 + i ' 98) see we j J. T. Thorpe Inc. bP comes we Totman Morgan Co. 2217 West 135th Place Blue Island Illinois J. T. Thorpe Inc. Warren & Bailey Co. oe & 3528 South Garfield Avenue Los Angeles California , Totman Morgen Co. . 74 Vm ' Hugh A Eladon i 3262 East Gaga Avenue oOo ; Huntington Park California Johns Manville Sales Corp. vt 22 East 40th St. ' New York New York o 10 11 12 13 14 Marine Engineering & Supply Co . ' ' ' Armstrong Cork Co. Hugh ^ Elsdon mee Robert's Roof & Floor Co. e 927 South Main St. Las Vagasy Novada ; 16 : C. F. Braun & Co. woe eee, 16 " Armstrong Cork Co. 17 Owens Corning Fiberglas Corp. Toledo Ohio Industries Supply Co. of San Diego 4th Avenue & J St. San Diego California Armstrong Cork Co. J. T. Thorpe Inc. * Industries Supply Co. of San Diego . 18 i Thorpe Insulation Company Coast Insulating Products 28 201 21 NN NN 2 2 2 27 28 29 30 31 32 Oil Field Constrn Co. P. O. Box 947 Bakersfield California Thorpe Insulation Company Robert's houf and Floor Co. Fiberglas Engineering & Supply Co. 441 East Second St. Los Angeles California R. T. Dinwiddie Inc. 8627 5. Atlantic South Gate California Thorpe Insulation Company United Refractory Const Co. 1201 Bankaville RoadConst Pittsburgh Pennsylvania Hundet Cork Corp. 7101 Tonnelle Avenue North Bergen New Jersey Los Angeles California Shelburne Refrigeration Inc. 1247 Main St. El Centro California Motal Clad Box 178 Insulation Company Inc. Torrance California Company Reece Insulation , 4563 Valley Blvd. Los Angeles California oe > ; i: Thorpe Insulation Company ft Owens Corning Fiberglas Corp. -Ai Coast Insulating Products 8 & 8 Engineering & SuppSlupyply Co. , O. Box 2531 Houston Texas Accurate Insulation Co. 900 South Cypress St. Lahabra California Inc. ne evant + Ww Los Angeles Cork Company 4180 East Washington wD Los Angeles California 3 Plant Asbestos Co. 1300 64th St 7 Bfi Emeryville California a Ovens Corning Fiberglas Corp. a2 Coast Insulating Products NY Accurate Insulation Co. Inc. | eo | Plant Asbestos Co. oe ee: United Cork Companies Corp. Pt Contral Ave Kearny New Jersey Ekins Industrial Insulation Contractors 4933 Valley Bldg Los Angeles California Chicago Bridge & Iron Co. 901 West 22nd St. Oak Brook Illinois National Refrigeration Sales Inc. 4400 San Fernando Road Glendale California T. Thorpe Inc. Lae R. Ekins Company 11 4933 Valley Blvd Los Angeles California Cal State Insulation Co. 14 4652 West Imperial Hwy Inglewood California Mundet Cork Corp. . 16 Owens Corning Fiberglas Corp. 17 Coast Insulating Products 18 Pabco Insulation Corp. . 19 1789 Montgomery St. 4 San Francisco California 20 Plaut Asbestos Co. Thorpe Insulation Company Owens Corning Fiberglas Corp. Los Angeles Cork Company 4180 East Washington Los Angeles California Ekina Industrial Insulation Contractors The Isotherm Company 605 Williams . Bakersfield California Lacy Manufacturing Co. 2400 Kast Dominguey St. Long Beach California ........, Cal State Insulation Co. Baldwin Ehret Hill 500 Br^,vnigAvenue Trenton New Jersey Inc. Industrial Building Materials 2808 6o Vail Los Angeles California Ine United Cork Companies Corp Baldwin Ehret Hill Inc. 25 Thorpe Insulation Company 26 Hundet Cork Armstrong Contracting & Supply Corp . 120 North Lime St. . Lancaster Pennsylvania . A Insulation Co. 30 an 11351 Desmond St. Garden Grove California 32 32 oOo Tee: Oh ame ee cae eee eer me Nw . 3, The actual time of wages of the employee employee at 3. in in dispute the uw 4. employee's employee's disability 3 The employee continued work work disability dispute dispute dispute 4 5. temporary temporary disability indemnity been to the employee amount paid paid amount and unpaid 6 liability of the unpaid the employee employee the the several employers their insurance 7 in dispute insurance are are ' o 6. permanent permanent 10 to the employee disability indemnity been been The amount due paid 11 liability of the unpaid unpaid the employee are and the several employers insurance 12 insurance Carriers are in 13 14 15 16 17 18 19 20 paid by the employers or the insurance carriers applicant applicant sum to be less said payable as follows One liens sum may allowed the attorney's fees and less such Workmen's Compensation other liens Reference Reference made made paragraph paragraph Appeals Board. Reference is 20 hereof made to paragraph . 21 22 23 a "95 26 27 28 expenses 8. Medical and employers Sone Sone by employers carriers carriers Unpaid employee and Future Future medical and hospital expense is bills amount to None. Conjectural Unpaid future medical and hospital estimated at: Conjectural follows All to expense expense is to paid the employee Name Name address of employee's employee's employee's attorney attorney employee, 9. 1543 West Olympic Boulevard Steven Boulevard Angeles Roseman 1543 Wese Olympic Boulevard, Logs 28 Angeles, California 29 attorney fee 30 Amount of previously paid any any of None Payment made such insurance carrier may be determined determined 31 31 Workmen's Workmen's Workmen's Compensation Compensation . the 32 Workmen's Compensation Appeals Board may be determined by the Appeals -6- ~6- pw 2 Applicant was employed before coming to California Applicant has 4 been employed outside of California Applicant has worked of California for employers who hired him in outside California Applicant warrants and represents that all 7 employers for whom he has worked in California or who hired him in California are listed in this Com- w promise and Release Agreement Defendants claim that 10 applicant's disabilities if any resulted from his 11 employments outside of California and resulted from 12 systemic and other conditions unrelated to his employment by the employers herein 13 named Defendants claim that applicant's employment by them 14 caused neither injury nor dis- Defendants ability allege that 15 applicant's claim is barred by the statute of limitations that the Workmen's Compensation 16 Board has no Appeals jurisdiction that applicant's 17 injury if any was in- tentionally inflicted and that 18 applicant's injury if any was 19 proximately caused by his own serious and wilful misconduct De- fendants further claim that 20 any injury or disabilities sustained by applicant have been fully compensated There are other points of 21 dispute between the parties but the parties have \ 22 differences differences agreed to end their by compromise as herein provided 23 approval Defendants are willing to pay the 24 end litigation and compromise amount buy their peace Applicant is 25 the willing to accep compromise amount to avoid the delays and 26 uncertainties of liti- gation Applicant desires to control his own medical treatment if 27 is required Applicant en and represents that this compromise is adequate request prompt 29 12. During applicant's 30 employment by the employers herein named said employers were severally and separately insured as to their workmen's compensation 32 liability by the following named insurance companies Said insurance companies and employers agree -7- 2 severally herei: aggregate 3 company company the aggregate shall be be their liability the liability 3 liability the employers herei 5 paid by each them them as follows follows wit : 5 INSURANCE COMPANY 7 Liberty Liberty Mutual Insurance Company 8 Mutual Boulevard Company 6006 Wilshire California 97 Aetna Casualty and 10f Aetna Casualty Surety Boulevard Company 2404 Angeles California 11 Mission Mission Insurance Company 121 75031 Box Fornia P.O. Angeles California 13 Fireman's Fund Insurance 3223 West Sixth Street 14 Los Los Angeles California Company 90005 Insurance 15 State Compensation 16 600 South Lafayette Park PlaceFund Los Angeles California 17 United Pacific 443 Shatto Insurance Place Company 18 Los Angeles California 90005 3s Chicago Bridge Colorado Iron 301 East Colorado Boulevard Boulevard 2020Pasadena California AMOUNT $ 552.00 ee 8,427.00 8,427.00 oe \ \ . ' 129.32 5,337.00 ; . . 462,44 ; , 261.03 . Casualty Insurance 1477 South Manchester of California 22 California Anaheim California 137,58 138.78 23 Plant Brannon Street Street California 24 24 Francisco Francisco 24 Francisco California "25 2 Re6liance Kingsley Drive . 26 Angeles Angeles California 26 Angeles Cali Casualty 27 Sentry Insurance 13215 Company East Company 2a Whittier Whittier California California ) 29 29 Indemnity 30 55 05 0 Lo5 s AnVgeilresgil California 31 Angeles, California 31 138.78 125.00 609.00 : 240.00 f 3,549.00 32 1 INSURANCE COMPANY - INSURANCE 3 American Motorists Insurance 3545 Wilshire Boulevard Company s Los Angeles California 4 3L5u4m5beWrimlasnh'isreMuBtouuallevCaormdpany 5 Los Angeles California 6 Employers Liability Assurance 639 South New Hampshire Corporation Avenue 7 Los Angeles California 8 Argonaut Insurance Company Shatto Place Los 9 Los Angeles California 10 The Travelers Insurance 3600 Wilshire Boulevard Company 11 Los Angeles California 90005 Insurance 12 and Company of North America Wilshire 13 Pacific 4050 Employers Insurance Company Boulevard Company 14 Los Angeles California 90005 15 AMOUNT AMOUNT $ 1,299.00 560.00 417.00 798.00 225.00 6,732.85 18 TOTAL $ 30,000.00 17 13. The undersigned requests that 18 and Release Agreement be this Compromise approved 19 14. Upon approval of this Compromise and Release 20 Agreement by the Workmen's Compensation Appeals Board or a } 21 and payment in Referee accordance with the provisions hereof said employee 22 releases and forever discharges said 23 said insurance employers and each of them and carriers and each of them of and from all claims and 24 causes of action whether now known or ascertained or which 25 hereafter arise or may develop as a result of said injury including any 26 and all liability of said employers and said insurance carriers and 27 each of them to the dependents heirs executors 28 representatives administrators or assigns of said employee filng 29 15. It is agreed by all parties hereto that the 30 of this document is the filing filing of an application on the behalf '31 employee and that the of the Workmen's Compensation Appeals Board 32 its may in discretion set the matter for hearing as a regular application ( ... ( and that parties available filing Compromise 1 reserving to the to put in issue any of the 2 herein facts admitted if hearing is held with this document used as an 3 application the defendants shall have to them all de- 4 fenses that were available as of the date of the of this 5 document and that the Workmen's Compensation Appeals Board 6 after either may there approve said and Release Agreement or dis- 7 approve the same and issue Findings and Award after 8 held and the hearing has been matter regularly submitted for decision 9 SEE APPENDAGE 16. For the purpose of determining the lien claim 10 filed herein for the unempdliosyambeinltity benefits consistent compensation disability which 11 have been paid under or pursuant to the California 12 ment Insurance Code the parties propose the Unemploy- 13 the sum agreed upon for settlement and following division of release of this case 14 $ 15 for temporary disability covering the period to ; $ accrued medical expense paid or in- 16 curred by the employee $ 17 $ for for future medical care permanent The above segregation must 18 be fair and reasonable and must be based on the real facts of 19 case There should be the ' 20 of a no attempt made to deprive the lien claimant reasonable recovery with all the amounts 22 involved of 17. In further consideration the payment in fms 22 accordance herewith applicant agrees that this release will 23 all unknown and apply to unanticipated injuries and damages resulting from 24 accident casualty event employment suck and employments as well . 25 all those now disclosed and as all rights under Section 1542 of the 26 Civil Code of California are hereby expressly waived Section 1542 27 of the Civil Code of California reads as follows 28 A general release does not extend to claims 29 which the creditor does not know or suspect 30 to exist in his favor at the time of 31 executing the release which if known by him must have 32 materially affected his settlement with the . debtor -10- 18. In further consideration of the payment of the 2 aforesaid sum applicant agrees that this release extends to and covers the executors administrators heirs representatives 4 successors assigns officers directors agents servants and em- 4 2223 2223 ployees of the defendants and each of them and the physicians surgeons and nurses of the defendants and each of them whether acting individually or on behalf of them or either of them April WITNESS THE SIGNATURE HEREOF this . 1968 at Los Angeles California 22nd of VS A, A 7: AL LUMBATTIS Applicant Applicant E. , Applicant 2223 13 ROSEMAN Attorney for Applican ) 14 STATE OF CALIFORNIA \ 88 15 COUNTY OF LOS ANGELES day April 16 On this 22nd of the undersigned a Notary Public in & A.D. 1968 before me and for said County and State 17 residing therein duly commissioned and sworn personally appeared VERNON E. LUMBATTIS known to me to be the person whose name is 18 subscribed to the within Instrument and acknowledged to me that he executed the same 19 IN WITNESS WHEREOF I have hereunto set my hand and 20 affixed my official seal the day and year in this certificate first . above written 21 OFFICIAL SEAL PIE Madisse SA Notary 223 <s ANTHONYANTHONY J. J. BRADISSE BRADISSE Public and for said County RaW) ' OFFICE CALIFORNIA CALIFORNIA and State 223 LOS ANGELES COUNTY j LIBERTY MUTUAL INSURANCE COMPANY and 25 AETNA CASUALTY By WEINGAND 26 By 27 MISSION By By INSUHRAaARRNINCGyETON 7 W. COMPANY Claims Exami^-er 28 FIREMAN'S FIREMAN'S FUND INSURANCE By HANNA BROPHY 29 By ype Its Attorneys 23 3 INSURANCE uv COMPANY STATE COMPENSATION INSURANCE FUND Jay Kumand Kumand Attorneys Its By Its Cine Kumand Kumand Ms #7 Attorneys 2 -11- 2 UNITED INDUSTRIAL COMPANY 3 AaMnERdICAN LIUNMSBUERRMAANNC'ESMUTUALINSURANECE MPLOYERS COM. 3 i] 5 CASUALTY INSURANCE COMPANY oF CASUALTY INSURANCE 7 CALIFORNIA . 8 DALE TIPTON Attorneyy Sentry 9 RRELIAENCERREELLIIAANNCCEE INSURANCE COMPANY and HARDWARE HARDWARE CASUALTY COMPANY 2 9 By Insurance Company CLOPTON Insurance PENNY Il By C. 12 Attorneys Attorneys TRAVELERS TRAVELERS INSURANCE INSURANCE COMPANY INSURANCE NORTH AMERICAand EMPELMOPYLEORYSERS EMPLOYERS NORTH INSURANCE HERLIHY EMPLOYERS HERLIHY 13 14 15 16 17 18 1p 20 21 22 23 24 25 26 27 28 29 $0 82 32 -12. Steven Roseman 1621 W. Ninth St. Los Angeles 90015 SAMUEL J. SILLS M. D. 2007 WILSHIRE WILSHIRE BOULEVARD LOS ANGELES CALIFORNIA BOO57 HUBBARD 3.5000 Dear Mr. Roseman Re Vernon E. Lumbattis The above captioned presented himself at following history my office March 18 CHIEF COMPLAINT shortness of breath and fatigue 1966 and gave the gave PRESENT ILLNESS The patient states that on December 23 a heart attack When questioned about his 1965 he seemed to have his chest real shortness of breath symptoms he stated he had pains in Prior to this be stated that he had been getting this shortness of breath for about six months He would shortness of breath when he would walk note this running The patient was up stairs sent into the did any physical exercise or Hospital Compton California hospital Physicians and Surgeons six days and was then Patient was treated at the hospital for about - the St. Francis discharged Pulmonary function studies were done at Hospital about January 18 1966. Patient did not because he was too tired and fatigued The patient was then return to work po physical that his difficulties with his informed by his . exposure Patient was then referred breathing and his lung was due to his to Dr. Louis Leventhal Associated with this shortness of breath the patient has noted a months slight cough in the past six Patient raises a tenacious whitish sputum there is no blood The patient has not lost any weight and eats well The patient has had sweats or fever Patient has had no night pain in his right lower chest and wheezing on occasion but he has also had in the axilla on the right side Patient states that at times when he gets the pain on the right side it felt though he had to lean against something as though he had a strain as finds that if he walks too fast he there Patient gets short of breath There has been no swelling of the ankles feet or legs patient states he has had to use two In the past three or four months the pillows and usually double these up PAST HISTORY Patient had had ulcer surgery about 1959. Patient had hernia repaired in 1963. He has had a ventral has had occasional attacks of no pneumonias Patient states that he began about nine years pleurasy bilaterally for years The patient has had no serious This first injuries SYSTEMIC HISTORY Eyes Ears Nose and Throat Essentially negative except that he does see quite as well as he used to He has had not week he was out of work becuase of upper and lower dentures Last stairs dizzy spells when he went up and down Respiratory present illness Intestinal Patient has an ulcer history as noted under past history Steven Roseman -2- otherwise no symptoms Urinary Essentially negative Muscular Negative ALLERGIES Negative HABITS Patient smokes two years He stopped approximately one smoking December pack of cigarettes a day for thirty- Drugs He has been on occasional 23 1965 Alcohol an occasional beer digitalis for his courses heart of antibiotic Patient has been He sometimes takes one a day but often pfeonrigceitsllianbout it No drug idiosyncracies that he knows of No or sulfa reactions to : RESIDENCE until the HISTORY Born present time he Illinois has lived and lived there in Los Angeles until 1929 From 1929 . OCCUPATIONAL HISTORY Patient worked for the This was in Vernon California in 1929 Sattler as an assembler for the city of Maywood In 1941 he He worked for the fire department work for numerous contractors was doing fiberglass work and asbestos - hot water lines and the throughout Los Angeles Patient wrapped the with asbestos and steam lines with these materials He worked magnesia wrappings for the first five twenty years he worked with fiberglass materials for years primarily In the last 50 calcium silicate was the other wrapping the ducts about a minimum of eight hours ingredient Patient states that he worked- worked- a week a day and also was exposed Many times he worked approximately five days would work inside the boiler outside sometimes he worked on boilers and Patient many times worked without any suction fans to bring in fresh air with what he called revamped tops where the attic with rock wool and fiberglass you were in MARITAL HISTORY HISTORY Wife is living and well Two children living and well FAMILY HISTORY Mother died of suicide the age of 84 from at the age of 55 Father died tuberculosis pneumonia Patient's mother had diabetes exposure or any other illnesses common to the He denies family at any USUAL WEIGHT 190 Patient states that as far as he remembers he has the Physicians and Surgeons Hospital since 1959. 1949 he did work in the Bakersfield counties area also in had several rays taken at Patient states that in about San Diego and Santa Barbara MYSICAL RETINATION RETINATION 3-21-34 Weight 16 193. SP 125/33 Overweight male not Height 67 Tamp 99.4 Pulse 88 stated 430-10 430-10 5 + cars acutely ill slightly dyspnic appears of INES ang ties Ls Magation ciaeBta, viste pt to left with slight obstruction on left side { 9. Roseman Re Lumbattis -3- 4 Stns fe Throat tonsils small Edentulous Larynx negative Neck no glands thyroid not palpable no masses Chest increased P diameter Lungs - on left Palpable rhonchi expansion poor on right to lesser fremitus diminished bilaterally at both bases extent the posteriorly Tactile rales with on right and whispired voice diminished Bronchial Diaphragms mionvsepipraotoorrlyy and expiratory wheezing bilaterally antero in orrlyigahntd poBrsotnecrhiioarlly Heart tones fairly good murmurs no thrills P2 equals A2 or is slightly greater No definite . Abdomen hernia ventral in scar - epigastrium Genetalia not examined No palpable liver or slpeen Rectal not examined _ Extremities slight cyanosis of the FLUOROSCOPICFLUOROSCOPIC EXAMINATION increased phrenic angle Diaphragms move very nails of markings poorly the hands no at the bases clubbing no bleb in left edema costo- INTRADERMAL TESTS performed 3-18-56 read 3-21-15 Histoplasmin + 10 mm induration Tuberculin Coccidioidin negative negative COMPLETE BLOOD COUNT 4-13-66 Hemoglobin 15.7 white cell count 100 Differential - gms Eosinophils SEDIMENTATION SEDIMENTATION RATE 15 mm in one hour 100 Red Cell Count 5,4000,000 5,4000,000 17 Segments 71 Lymphocytes 28 URINALYSIS URINALYSIS Albumin - 0 color - straw Appearance Sugar > 0 Occult - 0 Micro VITAL CAPACITY 1200 cc 1400 cc normal 5000cc clear Sp Gr 1.020 Reaction - alkaline essentially negative 28 normal Three second timed capacity RAY READINGS 4-13-66 Boney framework limits of normal transverse in appears to be normal Heart upper enlarged position which gives it an Widening of aortic shadow appearance of bineg ninth rib Diaphragms at right and left side anteriorly phrenic Right diaphragm is just above right posterior nintahre at appear telatively clear Right lung - diffuse rib infiltration scattered throughout entire lung from the fine mottling and the base and from the fourth rib first rib anteriorly to fissure or possible plate posteriorly to the base Thickening in interlobar attelectasis Left lung has similiar infiltrate extending throughout the left lung Expiratory film shows diaphragms rise to about the right and to the lower border of eight rib posteriorly on the eighth rib posteriorly on the left A lateral view diaphragms are all the lobes shows the at a high phrenic angles posteriorly are clear The station and there is a diffuse infiltrate present throughout Diagnosis pulmonary fibrosis bilateral extensive in character  LUMBATTIS, VERNON (/ ae C. XRAY READINGS Compton Physicians & Surgeons Compton Physicians Surgeons Surgeons Hospital 9-11-59 9-11-59 tissues are Hospital normal Physicians Physicians framework is normal dated 9-11-59 9-11-59 line are normal limits Boney Heart diaphragms at the transversly placed normal upper posteriorly diaphragms angles clear Riglhowter border of of fibrotic fibrotic posteriorly Costo phrenic angles angles the lung right - infiltrate radiating radiating from base of the right right lung most pronounced pronounced in cardio angle Pulmonary vessel right appears be about 20 radiating radiating out from the hilum cardio phrenic phrenic angle mm Left on the left the lung lung infiltration infiltration and into the the infiltration infiltration interspace anteriorly upper upper lobe in 5.9.5). Film dated 5-9-41 Compared with film 9-11-59 9-11-59 only Compared Compared with film the changes changes right an increase increase degree of fibrosis fibrosis phrenic angle the right possible base however this maybe technical technicalright Film taken January 9 1964 shows decrease in the infiltrate both A film taken for the esophagus actually an bases bases film taken for the esophagus half of the oblique shows considerable lung field A lateral taken January 9 of lateral lateral taken January lung 1964 shows pulmonary fibrosis throughout most A film taken February 3 1954 A film taken left lung half left the field shows increase of the increase of the infiltration like like infiltration January lower the right base when film compared with the January 1954 faim. + film taken December 22 1315 shows attelectasis bilaterally and the no definite lower halves both attelectasis attelectasis fields still noted infiltration in have been extension infiltration infiltration There appears 11 1959 film of the compared with the September 11 1959 filmextension of the A A taken December 27 1955 shot laterally especially especially the left lighter the lung field lower half of the lung field. bi- Our Our film April April 1946 infiltration Allowing Allowing are are taken difference difference technique @ the difference in definite definite technique, no definite changes changes Our Our film taken June 1956 plate attelectasis . changes then compared 1915 changes then with compared to Ventiruclar Ventiruclar Ventiruclar ee Se ee CDIC CDIC CDIC June Pe ew ee June rvel 0.08 -T ORME NAL Ca .; leads and oon cto Rat wave 4 segment segment 0.12 Right with low ~ loves loves in leads 6 Diagnosis Diagnosis in lead S wave hypertrophy Cro - 80, Vave wave in 4,5 and : right ventricular ventricular Diagnosis risht pulmonae hypertrophy hypertrophy hypertrophy Ddule Ddule ventricular ---- ----, Ddule Ddule ---- -- ow  S. Roseman ; Re Lumbattis . DISCUSSION a review of this patient's history physical examination findings including the occupational and the pulmonary function ray studies examination and history of his complaints fibrosis throughout both are supportive of a diagnosis of lung fields When we pulmonary pulmonary fibrosis amy conditions attemp to analyse the causes of of Dr. Louis Leventhal to Dr. Victorcan be increminated In reviewing a were numerous rays dating back to Mastron February 9 1966 he notesrtehpeorret throughout both lung fields 1959 which showed a progressive fibrosis character of the patient's This progression of the pulmonary fibrosis the findings along with the occupational exposure the ray findings the pulmonary fibrosis pulmonary function studies all support a physical secondary to asbestosis It is true that diagnosis of cannot be made without lung biopsy I feel that the a definitive diagnosia erently in favor of this diagnosis that far evidence here is so prepond- diagnosis on the basis of clinical as anyone can make a definitive and the laboratory findings we experience must make clinical findings ray findings fibrosis in both lung fields a diagnosis of asbestosis producing RECOMMENDATIONS RECOMMENDATIONS RECOMENDATIONS RECOMMENDATIONS : this patient will He will probably require medical care have progression of for the rest of his life pulmonae as a result of the the fibrosis the pulmonary fibrosis The He may develop a cor . 2 laboratory of Dr. Hungerford dated Electorcardiogram done at * one dated 12-28-65 after a Master's 12-27-65 which we did not see and copy of the report presented to Test which we did not | see according to the ECG However this ECG was us there was no evidence of pathology in the being read apparently from the coronary heart disease which this patient does not have standpoint of He should be protected by antimicrobial a cold coming on therapy as indicated whenever he feels He should take dilators ion However in the pulmonary e fv ue nnctitohnough he has a minimum of pulmonary obstruct- a broncho he improves his studies we note that with the use of usual pulmonary function studies benching benching capacity 12 we find that this patient Under has a the normal and approximately 60 as far as his ventilatory capacity in disability of breathing capacity is reduced about 12 As his concerned his maximum becomes more dense he will have pulmonary fibrosis increases and more and more disability and more and interference with his diffusion ventilaroty capacity He may begin to show more difficulty I find no evidence of diffusion evidence of arterial PO2 and arterial PC02 studies as far as the ventilaroty type are concerned the studies were entirely of a CONCLUSIONS this patient has exposure to asbestosis pulmonary fibrosis secondary to his 2 He has about a occupation and by the pulmonary function studies sixty per cent disability as measured will probably be unable to be symptomatology and ray appearance 3 He occupation where he has gainfully employed in anything but a a minimal amount of physical activity By sedentary oacnyctuhpiantgiotnhatI wcoounlsdider such things as sitting at a desk and oing desksewdoernktary will require walking or other physical rather require medical care for the rest of his exertion 4 This patient dilators antibiotics to life This care will consist of the lung which would he detrimentparlevetont hiasnd treat any infection he may have in hazard to his life being and would represent a distinct ; Thank you very much for the privilege of seeing this patient SJS ME CABLE HERANDHER 10-19- 10-19- 10-19- 10-19-10-19-10-19- 1 ANGELES ACCHIENTS HERLIHY AUG HERLIHY & ATTORNEYS AT LAW 16 PLEASE PM 3 PLEASE REPLY TO SUITE BIG PARK CENTRAL BUILDING 413 WEST SIXTH STREET . LOS ANGELES CALIFORNIA 90014 TELEPHONE MADISON 7.4011 . August 15 15 1966 BOARD A WOCRH KR MENAL SEXCOUMTPES ENSATION APPEALS hae MOP eke eg. 107 South Broadway Los Angeles California o AND TILE TILE GGKAN 110 WEST LONG BEACH BLYD 90862 CALIFORNIA PROCEPRSOCSESS PROCESS 1854 + PROCESS 1854 JALIFORNIA D1405 -esLi- STATE 144602 318 STREET SAN 318 BERNARDING STREET 886-113 SAN BERNARDING CALIF CALIF 12401 714 886-113 1919 WEST 17TH STREET SANTA ANA CALIFORNIA 92706 714 KI 714 KI 7-2514 CJ LOS ANGELES OFFICE Lo, Re VERNON E. LUMBATTIS vs INSURANCE COMPANY OF BALDWIN EHRET & HILL INC NORTH AMERICA 66 LA 291 957 Dear Sirs We enclose the following documents MEDICAL REPORTS U In accordance with the of Practice and ProcedurCeommission's Rules ) As Defendants exhibit R. T. Johnstone M. D. next in order July 8 1966 Yours very truly mhh CC STEVEN ROSEMAN ESQ 1621 West 9th Street Los Angeles Calif 90015 HERLIHY Herlihy R. G. Herlihy OCCUPATIONAL DISKABES RUTHERFORD T. JOHNSTONE M.D. BROCKMAN BUILDING BO WEST EVENTH STREET Los Angeles California 90014 TELEPHONE 623-2868 July 8 1966 INDUSTRIAL TOXICOLOGY TOXICOLOGY Herlihy & Herlihy 412 W. 6th St. Los Angeles Calif Gentlemen 90014 Re VERNON LUMBATTIS Baldwin Ehret & Hill Case No. 66 LA 291-957 Our File 6912 . On your authorization the by the writer on 5-27-66 Firestone Blvd. Norwalk insulator above captioned individual was examined He gave his address as 12459 East Calif He gave his address as an HISTORY Mr. Lumbattis states that during the year of 1965 he noticed that he was short of breath and the continued to worsen He continued condition at which time he had what he termed woasrkianmgiludntihlearDteceamtbtearck22 He1965 tdheavtelotpheedeppiasiondeovelrastheids hfoerart with shortness of breath He claims him to Dr. Mastron in about twenty minutes His wife took - Compton who had him hospitalized in the Physicians and Surgeons Hospital for five or six days Following in Compton this he was He was sent to in the hospital the St. Francis Hospital in Lynwood for pulmonary function tests following these tests He states that he was advised to see an industrial attorney He was is presently under then referred Dr. Mastron's to Dr. Samuel Sills care and he receives The patient and intermittent positive pressure antibiotics Present Complaint worse on smogy days Shortness of breath and fatigue He states that his shortness of breath seems to be Past Medical History Had an operation duodenal ulcer hernia operation in 1963 some years ago for a He had an incisional Occupational History school The patient was born in Illinois and went through the 3rd year of high After He has worked for many different thinks that he worked for Marine companies since that time -- -- Engineers longer than any other company 4 years this was for He last worked for Baldwin Ehret & Hill and approximately one year Wo 2 Re Vernon Lumbattis 7-8-66 Personal History The patient is married wife living and Has two children Denies any knowledge tuberculosis or diabetes in the family history States his had cancer | well = of . be, +x -- = mother | _ Ry Inventory of Systems HeadHead - The patient has an occasional headache no dizziness tinnitus His tonsils intact His teeth are false or . palpation respiratory - Has an occasioncoauglh but this is not pronounced and he has He has dyspnea on effort palpation claims that -'- ~ cardiac distress on smogy days He has orthopnea as indicated by the fact that he uses two pillows at night behind his head and has done so for the past six or eight months intestinal - Appetite is normal Has no indigestion No constipation or diarrhea Stools symptoms of urinary - No nocturia dysuria or are normal~ Weight = Slight gain in recent months frequency Nervous system - Is not nervous or irritable enlaErxgtermeemnitties - No history of ankle edema joint pain or joint Habits at which Smoked about a pack of time he stopped Does cigarettes a day until December not drink alcoholic beverages PHYSICAL EXAMINATION This 52 year old male weighed 194 pounds Head and Neck temperature 97.8 degrees at 11:15 A.M. Pupils round equal and react to light Ears nose and throat negative of the The teeth were false No enlargement cervical glands Thyroid not enlarged No pulsations present Chest Barrel shaped in type The breath sounds somewhat harsh No distinct rales were heard Respiratory rate 26 Heart Rate of 86 regular no murmurs heard B.P. 120/86 Tones distant , Apdomen Obese no organs or masses palpated tenderness elicited Old scar present Extremities No ankle edema present No areas of LABORATORY Blood count Hemoglobin Erythrocytes Leucocytes Juv 15.0gms - 104 5,370,000 8,650 1 Stabs 7 Segs 57 Lymphs 19 ; Monos 5 Eosins 583 Basoph 583 at esse Te - OE ere oo Blood sedimentation rate 11.5mm 1 hour Wintrobe 13a:anae cay  No. 3 Re Vernon Lumbattis 7-8-66 ELECTROCARDIOGRAM ELECTROCARDIOGRAM : Essentially normal RAY EXAMINATION Posterior anterior and lateral views of the chest were taken in this office on 5-27-66 They reveal the cardiac shadow to be within normal limits The right border is somewhat occluded by basal fibrosis Both lower lungs reveal a degree of fibrosis The upper lungs appear normal except for what appears to be an occasional cystic formation The costophrenic angles are occluded as is the border of left diaphragm There is evidence of emphysema of the upper lung fields bilaterally DISCUSSION In addition to our examination of Mr. Lumbattis and . our study of this case we reviewed a voluminous medical and hospital file According to Mr. Lumbattis he has noticed shortness of breath and tiredness for over a year In his opinion the condition gradually worsened However he continued working until December of 1965 < . at which time he suffered an attack of congestive heart failure He has not worked since The medical records also reveal that he was under observation in January 1964 for a complaint of dyspnea Pulmonary function studies done at the St. Francis Hospital on ~ 1-18-66 reveal marked restrictive dysfunction with decreased expiratory reserve The occupational history indicates many years of exposure to dusts of some type How much exposure he had to asbestos is unknown However when we combine his occupational history with the ray findings and the pulmonary function test we feel that Mr. Lumbattis has a pneumoconiosis probably asbestosis We further feel that his disability is total and permanent rcm Yours very truly -- -- ---- --------, -- R. T.Johnstone M.D. Diplomate American Board of Occupational Medicine bd Steven Roseman 1621 W. Ninth St. Los Angeles 90015 | J. SILLS 1947 AUG 29 SAMUEL 2007 WILSHIRE BOULEVARD AUG 29 LOS ANGELES CALIFORNIA HUBBARD 5000 BO057 wt . -- August 19 1967 56 7 . oe . Dear Mr. Roseman RE VERNON E. LUMBATTIS The above captioned presented himself at my office July 24 1967 otherwise _INTERVAL HEALTH able to walk about two or three blocks normal speed he can walk only half black at a slow pace ~ third after mowing the lawn for about fifteen at a normal pace He has dyspnea take him ten minutes to do minutes He states that what used to with occassional white now requires two hours He has noted very little an occassional sputum no blood Has gained weight No chest cough pain between shoulder blades he has felt fairly well Had a cold in March 1967pain except his breath He had In July 1966 he went to Reno and was unable to return to Los Angeles to catch REVIEW OF THE SYSTEMS Eyes Ear Nose and Throat - no complaints Respiratory - uses two pillows otherwise as noted above Intestinal - no symptoms Urinary - gets up two or three times at night Extremities - noted edama shoes get tight at night PHYSICAL EXAMINATION in both arms Weight 196 Temp 99.0 Pulse 80 Resp 30 BP 134/100 Eyes Ears Nose and Throat - negative Chest breath rales sounds at both bases diminished breath sounds on the harsh on left side Percussion note normal right Heart tones good P2 greater than A2 no murmurs no thrills Abdomen liver not palpable No wheezing Extremities no edema of lower no clubbing of upper FLUCROSCOPIC EXAMINATION poor motion of the slightly obliterated on the left The diaphragms phrenic angles were throughout both bases lungs had a ground glass appearance CHEST RAY no changes when compared with ray of June 13 1966 * 7 8 Roseman Re Lumbattis 8-19-67 -2- ELECTROCARDIOGRAM no changes SEDIMENTATION RATE 3 mm VITAL CAPACITY 36 normal 1800 cc Normal 5000 cc Three second timed capacity 1500 . BLOOD CHEMISTRY SURVEY sodium potassium chlorides carbon dioxide total protein albumin calcium phosphatase capacity total bilirubin nitrogen glucose transaminase globulin G ration urea limits were all withing normal electrocardiograms DISCUSSION I have reviewed the report you submitted of Dr. Rutherford I agree with him that the patient has pneumoconiosis Johnstone From all the physical findings pulmonary function probably due to asbestosis etc. this patient is permanently and totally studies disabled x medical supervision for the rest of his life He will require constant the and may require hospitalization for pulmonary and the cardiac problem which is secondary to the former Thank you for the privilege of examining Mr. Lumbattis Sincerely 7 SJS ME S SamJ.uSeillls M.D. A oY