Document 44KbD0R1MmwNNMK0BELG9VyyQ

FILE NAME Mundet Cork MCK DATE 1957 DOC MCK113 DOCUMENT DESCRIPTION WC Claim of Meyer ~ a mee 1 een em ~ . rua teshamememe a STATE OF California 3 Case No. 62 SF 199-141 4 4 PLANTE 5 EDWARD MEYER Applicant VS. PLANTE RUBBER & ASBESTOS COMPANY and 8 EMPLOYERS GROUP INSURANCE COMPANY et al 9 Defendant f 10 CERTIFICATION 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents fileid n the records | 13 of this office in the entitled matter 14 ATTESmTy hand and the Seal of the Workers Compensation 15 Appeals Board of the State of California ~- 16 17 18 19 20 | 21 Workers Workers Workers - Compensation Judge TON Compensation Compensation Appeals Board } 22 23 24 Dated at San Francisco 25 California this 28th day 26 of September 1983 27 1 WNCAD ary 113 - TW 1,79 1,79 OOP DEPARTMENT Plaintiffs Exhibit CCS 5047 @ DOCUMENT SERVICE COPY 717 Market Street San Francisco Ca 94103 543-0750 543-0750 RECORDS PERTAIN TO _ EDWARD MEYER RECORDS FROM - WCAB Case No. SF 199141 . ' CASE NO DELIVER TO oe Ronald Schmidt Esq Glasser & Glasser . 504 Plaza One Norfolk Virginia cc dovaitni . he PLEASE PRIKT OR TYPE __ BOORESSED 151151--660407 47151-6047 ore ^' . CASE NO.62 SF 199141 eee EDWARD METER _ WAINWRIGHT 4" Minartnarti neni Were cha . SAN LEANDRO CALIFORNTA = ; SocialSecurity Na eatin PLANTE RUBBER & ASBESTOS CO - 1300 64th . ; a Rasinenwre snewnns. : - EMERYVILLE CALIFORNIA _ ~~ ny EMPLOYERS GROUP INSURANCE CO . 1050 RUSS BUILDING . Sewers Gertnas mens : FRANCISCO CRONE S teri . SAN FRANCISCO CALIFORNIA Edward Keyer worker ra eos neven P_gatestos P_gP_gaatestos testos worker Asbestos Asbestos Asbestos Asbestos Co. Co. Plants Asbestos Co. exposure to dust employment for past "NT tegm that while employed on several years 19 ann a Oakland . o several u nee Oakland by (ETE, TOUR We risen WHEE, Gumee See + California by muitained injury arining ont of snd in the cours of thn playmnas os follow and fibrous materials : ling ie umonoconiosis InsuranceCo InsuranceCo . OF ten? weal Camens 666 seers ee 2. Employers Group InsuranceCo April April ~e present present Danial - van the enployer 1. April 1 1962 to present ihmemrance carrier on date af injecy ; 4. Wie conmpansetion FEOe No No FER TO ONS Tileee NoNo 8 agama 1. Earnings at time of injury Mazinu gg 4, medical Wes comcunent annded?_* Yes . ove. rem ans 8 VONO Whe feraihed iat! Vhsemen euvenED 95 get aa wanet anve ore thet tee, SED rela The bans of pay wae. : SUATE pay pay OE UUGLE EER, Gematih 4 OU) AnD O80 A ome 7 : SOE WANE Se Gentes Unt Venated ON CLIVET A-WEUES mn Oui FORMS GALS . 7. This appl is | un mius Kability fors 1. Tempancy dinkhay 2% 5, Permanent Yes ,Medical weecmene1_8_ 1 Madicel come a Litigation open.oo a . . 000E a4 GTeth wenewd a Ale? dnt enn OP et CUheS eer LD r WHEREFORE if ^ requested that 4 Compensation Laws place le find fur hearing and that on m^ndbe made granting inch relief as may be proper under the Workmen's Compensation Laws of ~ /. SN Fa PEG, GRAD OST Cee: tab es Deiep gic BM LeatDGD - bal og 649 : pnd tan dag'p hye. we jehevet eave om quats tal A0adiie ervey ar Yan GhmD Ol eultetemeee, ees Sg SoFe oeoetn SMmYe SAaTeS SeaareSnS SRaEOTO Sohe ASEARA.RSF OSePUROAENTHE SHNEEE AAEA,ES Mietion, LPT SNE SM soot GNA, GP OuPeMD eect, comaierees? . 4 : Fae OES me oe a gare Pat aw at eer ame Poe ee eR sores -< Fern edie aoe a : ie. June 12 1962 Smith Parrish Paduck & Clancy Attorneys at Law 315 Pinancial Center Building - Oakland California - American Employers Insurance Co. 1050 Russ Building . San Francisco 4 California | ee 7 Asbestos Co. and American Employers SD Gentlemen a entitled referred above silicosts claim has been to the wriTtheer for handling on the special pneumoconiosis calendar ' We are serving copy of the application upon the defendant employer and its insurance carrier Smith's attention is called to the fact that Labor Mr. that the application should state Code Section 5500.5 provides of all employers the places of employment the names and addresses where the employee was | and the approximhaatzaerpdesrioofdsthoefocecmupplaotyimoennatl disease exposed to the therefore kindly advise if applicant worked any for Will you other than Plante Rubber & Asbestos Comparty in employer hazard to the development of the which there was a potential have allered If so it may be - disease which you application showing the othcactupyaotu iownialll desire to file an amended employment history of such occupations full allege that applicant was born in 1947 further Is a You are at the present not this That would make him 15 years of an error of your requCeanltiftohrat Oakland No medical that Califor report has been the case be set the earliest submitted In the light down for hearing at available date I will to, ae eh Ct tats oe assume assume unless advised to the contrary the partie month of Aurust or September be ready for hearing in the we can accommodate the matter . which is about the earliest that for hearing at on the calendar We are now making arrangements of the time and place and you will formal notice Oakland . ae . ne nat Tah ore MA Sy . pen 7) 58-07-1046 [+ . ; we E % 130 Asbestos Nectoimcaems Asbestos Co ener Wilad adonPirsig . Russ eer anod m Employers Co San Francisco OL che Employers Acidentamount Ragen Tocak hereby whichregusses repem esthe further Industrial Fanbility cay Labur maplayment alowance compenation fer Code Labur Section f boonekta amounts wekly which EFmaenrbyivlilt pargraph bonekta Section wekly of . 6 including Gitonal ADlewsace includg Dimblay period 3-2-2 =. buntis 3-2-62 hot including bas in 1 Ins td kapital cha period hot Linn 3-2-2 3-2-2 hot at . Gitonal total honefits ^mbly intake daily amount honefits ^mbly Sled by ss pe che2 declares _-2 80 day undersigned sese ped ams the Zintail . Deparcnse OPENSATION 1050 Daldand DEPARTMENT Inu , pad ParFriinsahncial rber Clancy he by CalE exe OPENSATION OPENSATIO fahuly ofthe OPENSATION Wegner Wegner OPENSATION OPENSATION OPENSATION op Ross BAY Jose Calif we | SCHULTZ BS7 ds OPENSATIO Oepurtmens writiog dee 7 de St, Exylopmeas. fahulyCalif Mag, of got 100 puied 12.0exreyer CONSENTuneuarn sad Sen AL OWANCE PS declars OPENSATI may EMPLOYS for CONSENT Emylomenc EMPLOYES Employmoms that Employmoms represent 20 JRaoqsumes for Total sepactivaly. chore on Raqums Zita calKoitnd Departmen Employmen omy indemairy 2 Calif Bal _ _ _ Glif diablity Sel ad nkwo,te 7 * ~~ ' LAW OFFICES OF SMITHPARRISH PADUCK &CLANCY Califuruta 455 Francisco otEdwardSer pe BER,Keyer we me Atten 199 Nr : Nr Nelson rE ts eg oe 141 Plante Nelsont . Dear Mr. | prematurely . TE, We filed the application as the applicant i wishedto obtain unempDleopyamretnmtent benefits have contrated disability the We wink Y Teake benefits sete benefits iw of Health Social Security Administration to obtain the work record of Kr Meyerfrom 1937 to the eS present ti soon as Kr Meyer afrofrmom from . sf an obtained soon as this information is x we will file an amended application adjoining Sie the appropriate The parties applicant'a a,ap licant'a PAST (4At seit eee Shen apropriate was parties in oe applicant'a applicant'a 47 age is and not that he was born in 1947. We will send an amended application thesame regarding other ot time we age request the bow # . ee, 47 % WZGNER TOHT & - 777 North First Street .- 777 Jose12 California | Telephone Forneys Forneys 5-1558 Cypress ye Dete ss - PLANT RUBBER & ASBESTOSGROUP : _ COMPANY and EMPLOYERS GROUP Ze. oa No.62 199 141 No.62 a! SF + og ty, ale we INTERROGATORIES TO| APPLICANT re a to EDVAROHETER AANDND TOHISATTORNEY SMITHPARRISH = = Fequeate,that Applicant IDWARD7 a eman,swer underoath purusant to California Code ofCivil = ire Section2030 the following interrogatories : a e4 - preci eer Company you - 1.How lang pe rin orApril1 19w6,2 were Plant Rubber & Asbestos a * 3 of - employed by the ene z * Soe aot Oe . . . ? - wd Se - - Be Plonad state,the nature of your duties whil *. rr mole " * employers nearly anoe: 3.'Flease3.'Flease statesan ars nd locations ofeachofyour ' recall as you can aases the y oy ny an ye period year for the ten . * - L @ nara ee immediately preceeding April 1 1962 : : 7 . ree 208 + . 4. Have ever filed a claim before the Industrial || interrogatory United ent Commission of the State of California or of any other of the States other than the within claim _ ak coare| =f orIf your reply to number four te yey - of wid tea or If date the dates . : and the state or ' _ ' an = t eer ~ > | a . Se meet oe rr Pe ery Ae kel a a Le RENE LTRS OL Appar eee rt ene TO a I tee ate an te te thea: each such al vas - Meat 5 a ^' 5 ditioninterrog _ fe Ifyour reply to please AA ; . number four ts yer, ms es ewah or conditions for which each 4 such ayy te reply number please FeIfyour four is yes , te a Tae ater a SY aes ee is ee ron aT he! stattehe pate empr lT oyera for. omyou ay >) sworkinget suchalleeegedwv . injuryor" injurieseeu timthe |name ot - 14 em a, thceityin which s"chhad hispracti er ' tim consulted t you with hi a ttssey wa Ea hospitalized spiratory 10.Have you ever or been med . sten : ; rogatory number your reply 11. If to + iad TE > hospitalized . gee fe. sten - Than TS . 10 is yoo, ls pleas hospital hospital state te od 19 a orres of |such or ame birth 2 20 17. Please stateyour date of 17. ; AE oem quit work report quitting April You that you RP a 2 1962 . a ites 4 : _ employer reases . pa the ae the(Stee you quit work on April1 1963 did EAny you cain! 4 mornin the Satay of your te yo j ... Mamma te come meee -- eer at nw 0 r of the State of California ~~ oo, |" GOOD CAUSE APPEARING THEREFOR Ir H^ REST ~ RNmxan That the above entitled matter and the mme hereby taken off calendar _ and all further action any the cture now pending herein supended subject to being react after . monics upon request of any of the partim her os Department Employment Box 1857 Edward Meyer 1250 Wainwright Parrish Smith Paduck & Bldg Flant Rubber & Asbestos Group InsuranceClanc1y300 Employers PO of 315 Financial Center , 64th St Emeryvill , 1050 Huss Bldg S.F. PO Oakland Oakland . an a pe re 8 tend) ees emt eter Fy ae Eat et Ses eee ot greet Following the filing the application this . | se of in ene matter applicant's attorney wrote in on June 15 1962 7 _ _, stating thataptplhiceatiaopn plication had been oe shoe thes it was his intention to file . mended application as we ge fe TER PR E MA e ae eT ~ - LAN OFFIES #P Bruner MinoER & CHANDLER SBt EST BUILDING BUILDING 3 ' 147 STRE SAN LEANDRO CALIFORNIA _ October 16 1962 | Gate 455 Golden Room 2202 Avenue wee) Son FranciscoCalifornia Please attorneys find enclosed original substitution of _ - which we request be filed in the matter Employers v Plant Hubber & ^ sbestos Company 199-111Employers Employers Insurance and 7 Insurancecompany case No. 199-111 please adverse adviko ve l1 there are any other Edward Moyor Employers Employers Group parties or attorneys upon whom a copy of the substitution of attor- ofattorneys neysshould be filed other than substitution those elas noted in the 4 deen - . _ wee Pied . ao . -4 e * . anna -- o : a eee see NDUSTRIAL | RECEIV | ACCIDENT COMMISSION- THE RECEIV STATE OF CALIFORNIA re } INDUSTRIAL COMMISTON nr 2 TRS : : XF - Case 199-141 Pas ie a . fentivlphescndil ai -ret sSheovvee rseistpueecntdiyvSely consens hereto cogy been PARKISH all parties their CLANCY where -: _: Edward Meyer 1250 Wainwright . . Saith Parrish Paduck & Clancy 315 Financial Center Bldg Dakiand Plant Rubber & ^ sbestosCompany Employers Group Insurance 1050 Russ Building ; 1857 DepP.arOt.meBnotx of Employm wezey 1326 East 14th Street Jan Leandro California CAddound ' -27171 Lyf ew Nee BS ame ee ve ee ga IRA mr Dee pend eer es T Oe DUR Te = TR HM os eee tpee : : wees i hoc. watt RECEIVED GORDOK INDUSTRIALDEC RECEIVED 1962 INDUSTRIAL ACCIDENT _ COMSMAIN/ SCSIISOCNO ee _ _ LAW OFFICER OF BAUNER Minder & CHANDLER ne CO Deat 14 STRET SAN LEANDRO CALIFORNIA *s - a - CO December 14 ., 1967 - en : ae es oe - ' oh. Industrial Accident CommissionCommission . 455 Golden Gate AveRDO . Hoon 2202 SanFranciscoCalifornia ; aoe Ryle Ut toe _ Please ' Please i a and a: A See vee soot find enclosed amended application * Po In the : above ae . {|_ = referenced matter which we request be filed Yo are h. enclosing an original and twenty copies of th _ ee a applicationand the exhibits and medicalreport Loo copies medical report . Te are enclosing of one +; furnished this office by Kenneth L. Hardy K. D. . ' Other medical reports will be furnished in the sear UU: rettp future The list of medical expenses incurred and : marked exhibit B im not up to date Ye are endeaver- forward which ing to get an up to date one BOOK youas as veeet ere va will have the Youaralso advised thatwe written to to Cali- fornia Inspection Rating Bureau for a list of instr- . ance carriers that bureau to copy of our letter ; - scheduled is enclosed for your information : # Wreequent that the hearing in thismatter be for the earliest possible time since our client has re- ceived no temporary isdissbility and is without funds wet -7-4-i5s - -7-4-5- we Alsa vs request that the matter be transferred to applicant _ land as it would be more convenient to the applicant | en an ae lente Ve : _. Oakland being to have the m^tterheard in - dent of Alameda County . he . a rest ., ; . oy ..) TERMIKATION . ,~-|- ;.- September poo [tiv 1957 The Thilip Carey ser. ing Company : Lockland , Cincinnati Ohio Manufactur- . ae nee aa | ~ 1300 - 64th Street /-. E RECCIV RECCIV ACCEDENT COMMISSION D"DUSTRIAL AMENDED APPLICATION CASE NO SF 199 141 | _ / BRUNER HINDER & CHANDLER 1326 East 14th Street Best BldramINELITSTISNO San Leandro California ae, Me _ LE ARD MEYER, : eR SEER of tank wP RITES Exhibit to follow menos mame sewn whi epleret Fica 5/18/15 =.onenee eee. al ta hat n 1937 to 1961 1. x _onew lek : nts annual a) _ Oh Ves on ees O80eS OE eee aa 7 toy ce sab From - I to present oe , Ae seen Cere1a0 l TEs ER A eet a, POTN Entnings time injury 200.0 0st aaeenvumns The py vm hourla ENE pe | 'Wer medical onsemane smndad? TOS Whefornidal oom See Exhibit B -_ rT ae OFOEE Some me EAD mS 7 This appli eds dre Bey for - oe a Tanqueny dnber Tee eee cate cia eee Ze a Mobod oo Yan | we eee . : anes a0 Orem enieee . WHEREFORE requested time place firul bearing award granting relief be jaeger suder the Workman's Compensati Compensati placeLaura of California Leandro award Sovember redlief 1962 _ 1326 East 14th Street Best Building San Leandro California XEptune 2-9125 > wee, 0 DD ' ee Cee 2 oe, = hl tad a Geert we ithe Were, of ieee oaclemts ah SEU Gad. TER SEILER Cal Oth GO - VUNMRER Gattee SF Fa Din Orem. _VERE OOF, OD SD EE arene OP Emel ep ee a a ee owmnet @ ee ee we eee, see (qURERSEETS seerert tikes, Sup wees Os, VE } are 3 { ey mare ee 3 . bs] * ! ae + RAMTEC. EPLOYER AND ADDRESS Plant Rubber & Asbestos ||. - Works : 537 Brannan Street San Francisco California | Vandrsdale Harris Lumber FifthCompany Inc. A Fifth and Brannan Streets . _ Zan Francisco California L. J. Kupps 505 Fifth Street | -. : San Francisco Californ '.. Festern Asbestos aes a 675 Townsend Street California + San Francisco California . uae deBay Company Cities is a Asbestos Ltd. v3 and | ud 5th Avenue East 12th . = thewe! Street . mee Testern A bestos : 675 Townsend Street Californ^>a San Francisco Californ^>a4 Corporation Mundet Cork 7101 Tonnelle Avenue ; Avenue North Berger N. J. |) ods Cities Asbestos Ltd. Company . 5th Avenue and East 12th _ Street eb Oakland California foe. = Silicair Insulation . Company 1125 Sixth Avenue =, ut Oakland 6 California Testern Asbestos 675 Townsend Street San Francisco California- 112 .) 1123 ae a aren. EMPLOYER AND ADDRESS ' + Es Tye " Silicair Insulation Company _ , 1125 S_xth Avenue California Oakland 6 California Testern Fiberglass Supply > + ---- -- -- -- +4 y :- 739 Bryant Street : oa San Francisco California . Harris : *. Vanissdale \ Lumber Companyand Fifth and Brannan Street Can Francisco California Silicair , Insulation - Company - 1125 Sixth Avenue a . Oakland 6California - ' Engineering Fiberglass | : and Supply CompanyEnginering P.O. Box 89 - te * Carles Company Ayres Brzan~-nStreet he : Company Can -. Can Francisco 7 Californi a . Fiberglass Engineering an Fanta Clara California Supply Dutton ^ sbestosand Company 532 Natoma Street - San Francisco 3 California California * - X. Preisbach 7 . Dreisbach Box and Lumber Company Avenue 1080- 23rd . ae : Oakland Califorma Supply D" utton Asbestos and vor Company 532 Natoma Street San Francisco 3 California tae 7 a 113 fe a oa te wor ot - eee ae- fi REPRISES OF MEDICAL AND HOSPITAL TREATNEXT Total Bill Amount Paid Out By Applicant - Kenneth L. Hardy N.D. > 8 62 . '3 450.00 Bould T. Cherry K.D. C. Christiansen 1.D. 5.00 327.50 e 65.00 17.50 C. Dickenm^/nStephean 15.00 * ae ee 243.00 George 8. Stephean N. re 30.00 nal , 30.00 a Robert H.^ dansN.D. Eden Hospital Doctors Hospital i BUR ; 165.00 357.50 O 881.13 797.72 .00 ; 50.00 100.00 295 50 . 2,00 73.85 8 . 835 39.28 - 753.44 C. E. Christinases mip. - 15.00 C. Dickenman K 35.00 os _ 35.00 Paid by Asbestos Torkers Noulth sad The Muo Cross Plan - ; Velfara Trust Fund . epaid by Bruner Hinder ^ Chandler applicant'a attorneys THIS IS NOT A COMPLETE LIST PRIOR TO BARIK . ADDITIONAL DATA VILL BK SUPPLIED - . : tof le ~ } Nw . *6 . a)-elat - : ' wt TS BrunetBrunet Minder & Chandler ce 1326 E. 14th Street we veto, California _ ! San Leandro o Tee Mr. we Attn Mr. Mr. Stephen W. Chandler re +, Kr Edward Never _ Chandler Dear = Chandler Mr. Loe ~ set . he aa , . a wonr . rors ; recent letter I should like to state "ls. In reply to your through through occupation S . that I feel his prolonged exposure disability in- to arbestos has resulted resulted in pulmonary his pneumonoconiosis arbestos _ 7. volving both lung fields and carsing his pneumonoconiosis confirmed by o> The diagnosis has been so due to testos - pathological confirmation Likewise tissue biopsy and pathological that the development of broncho- it should be indicated also bees substantiated in this man man has rateria obtained genic carcinoma vecification of biopsy histological that the incidence ., on 4/11/62 and it is generally generally felt prior development development of bronchocenic carcitora is increased by prior of asbestosis gentleman I feel that this is entitled to compensati compensati on disability and if I may be of any for his pulmonary his claim claim I would be happy further help substantiating - disabled permanently = do so . Prognosis . Very truly yours KLH econ on Celineth L. Hardy - D_ b a} SATTE PP ah, OO Poe ed teo y be ate ee - Twa seep ee ; - . . + y BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2. CLAIN NO 62 SP 199 141 - P s ORDER JOINING ..- PARTIES DEFENDANT | VAKARSDALE LUMBER CO et al - & and -AMERICAN EMPLOYERS D CO and . - STATE COMPENSATION INSURANCE FUND 3 INDUSTRIAL D ENITYEXCHANGE THEUSTRIAL INDENITY COMPATY AETTA 10 . INS CO and AFTER CASUALTY AND SURETY CO FIREMAN'S FUND INS CO i and PACIFIC EMPLOYERS INSURANCE CO 4 fi a ran hore a. 13 md tome a IT IS ORDERED That STATE COMPENSATION INSURANCE FUND . INDUSTRIAL INDEFINITY EXCHANGE INDUSTRIAL INDECHTSY COMPANY ARTNA INSURANCE COMPANY AND AFT CASU ANDASURL ENTT Y COY .Z | INSURANCE INSURANCE FIRIDIAN'S FUND CO.; and PACIFIC EXPLOYERS CO .; : } be joined as parties defendant AL AL JAN 1963.. = Fled_and_served Fled_and_served Fled_and_served on Bruner Minder Chandler Leandro & 1326 East 14th St. San / Twohy & Wegner 777 No. First St. San Jose - - State Comp Ins Pund Personal Service Industrial Indemnity Co. 350 Sansome St. SP Aetna Casualty & Surety Co. Pacific Employers Co. 20P11ine BR et Ins ee eteren8 ene m~ Montgomery Stop SF St. SF he O ana reR Ca le ne ee - soe COMPENSATION Bort: Defendant_s JIanhm,ry furtherCALIFORNA >. & CALIFORNIA Mesh 27 et ASE TOSIMDXSTRIAL January 1963 COMISN IMDXSTRIAL , Acident and CalifCasmni285 1963 1963 atched Parties 9:00 a. us ISON- : OFFICIAL ADDRESS RECORD Employment 1857 Calif P. Oakland Box 4 Dept. of O. Edward Keyer 1250 Wainwright San Leandro Calif ' tere Bruner Hinder & Chandler 1326 East 14th St. San Leandro - Products Rubber Plant Asbestos Corp. Western St. Oakland Dreisbach & Asbestos Co. / Fibreboard Paper 475 Granman St. S.F. 675 Townsend St. S.F ae Box & Lumber Co. 2530 East 11th es, | am ee aon Yestern Fiberglass Supply Co. T39 Bryant Santa Fiberglass Enginuering & Supply Co. 532 B^toma Clara Datton Asbestos & Supply Co. St.St. St. 5.F. Box 89 St. S.F. 43 Calit ; Berger NewNew Mundet Cork Corp. 71OL Tonnelle Ave. North New American Employers Insurance Co. 1050 Buss Bldg 8.F. Co. ATTILI S. K. Haye Z Facific Employers Insurance Haye - 24 Pine St. S.F. a " . State Compensation Insurance Service Fund Personal Calif Industrial Indemnity Co. 350 Sansome St 5.F 6 Calif Surety Aetna The Insurance Company and The Astra Casualty and ATINI R. E. Thiss Supt 220 Montgomery St. B.F6 Fireman's Fund Insurance Co. 3333 California St. 8.F. . 12 Twohy & Wegner 777 North First St. San Jose Mullen & Filippi 315 Montgomery St. 9.7 Jose Calif ..-. -6--* Broback Phleger & Harrison 111 Sutter St. S.F. Industrial Accident Commission Il11 Jackson St. Cosy Ee ee TS a See ee Ore ea 1 , . . 0 o a . as BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFO~RIA oy . 72. + CLAIM NO 62 SP 199 141 S- -- . . 4 . . 8 . . Applicant __ . DISMIS ING PARTY DEFENDANT | . COMPENSATION COMPENSATION INSURANCE INSURANCE 2 iq & ASBESTOS . FLANT RUBBER CO | "| 8 VAN ARSDALE LUMBER CO st al STATE FILED | FILED 7 . . COMPENSATIN al { COMPENSATION ae }- a ' _ Defendants - 7 10 y 1 | 2m GOOD CAUSE AFFEARING THEREFOR oo = 13 _be and it hereby is dimissed as a party defendant to the . 19 FEB 21 1963 Filed and served on | 244 Pine 20 Pacific Employers Ins Co. St. SF Mullen & Filippi 315 Montgomery St. SP j 21 Bruner Minder & Chandler 1326 East 14th St. San Leandro : State Compensation Ins Fund Personal Service Fireman's Fund Ins Co. 3333 California St. SF # Industrial Indemnity Co. 350 Sansome St. SP Casualty Surety 25 KAeevtinna Twoity 777& No. FirCsto.St2.20SMaonntJgosoemery St. SP . Plant Rubber & Asbestos Co. / Fibreboard Paper Products Corp | 24 a6. . 27 7 . ro _ + * .30 Oe ye 5 . . og TERE a aan . tinea SO aa a STATE fi COMPENSATION COMPENSATION COMPENSATION COMPENSATION COMPENSATION INSURANCE INSURANCE INSURANCE INSURANCE FUND FranciscoIndustrialAvenuCealifornia California Conaipsion Room rh I4n5d5usItndruistarilal Accident Accident Commission Gate 2202 California San | Gentlement Re : I.A.C. I.A.C.Claim No. Edward Meyer on 6S2P 199-141 199-141 199-141 Plant Plant Rubber & Aabestoe Asbestos Coes . _ " At the hearing e defences below Should other . in issue ; x Cccupation ~ ' x Injury x Insurance coverage 4 x shall x Disability x Apportionment Apportionment treataent. x Further medical treatment medical treatment ae ( }Llen Limitations "gil, * Statute fy our our Limitations Limitations presentation We expect the a minimum one hour of follows follows disability payments We have made JJV {ear See attached list forservice . , .h f : . - wt % -+ CARATED BY THE MRANEK M RAN EK CALIFORNIA CALIFORNIA PUSNILN manAFITS POGTECTION EMPLOYONG EMPLOYONG LOWEY PORRIBLE DO AND Ai CARATED LOWEY EMPLOYONG vo That GHPLDYthe manAFITS manAFITS WHARNEN'E WHARNEN'E WHARNEN'E COMPENSATION COMPENSATION AND Fo mmaewTses 104 ee, aed a Le eg ene Aaresdling i idfe yiee* ereetiem , tw kas et Nr ty Sern ret. Dept. Employment 1857Oakland 4 California 888 - of P.O. P.O. Box ; - 888 - Bruner Minder & Chandler 1326 East 14th St. San Leandro Calif/ 888 Plant Rubber & Asbestos Co. / Fibreboard Paper Products Corp. Calir 475 Brannan St. San Francisco Townsend 675 ~ Western Asbestos Street San Francisco 88888 East Calif + Dreisbach Box & Lumber Co. 2530 11th Street Oakland 88888 - The Philip Carey Mfg Co. 2350 Ingalls Street San Francisco Calir 88888 - Western Fiberglass Supply Co. 739 Bryant St. San Francisco Calif 88888 F iberglass Engineering & Supply Co. P.O. Box 89 Santa Clara Calif 00- 00- Dutton Asbestos & Supply Co. 532 Natoma St. San Franciaco 13Calir 00- 00- Mundet Cork Corp. 7101 Tennelle Ave. North Berger New Jerney . oo - American . Employers Insurance Co. 1050 Russ Bldg San ; Francisco Francisco Employers Insurance Co. Attn 5. N. Haya rao ~ Francisco rs oo Pacific satseRe et Indemnity*** Pine St. San Industrial 244 Co. 350 Sansome St. San Francisco 6 | Surety - Rg Industrial Indemnity or The Aetna & Company Insurance Company Attn R. E. Thies Supt 220 Casualty Montgomery St. San Francisco Co, Pireman's ec - Pund Insurance Co. 3333 California St. San Francisco 4 ea 4 Twang & Werner 777 North First St. San Jone 12 Calif - - Mullen & Filippi 315 Montgomery Street San Francisco ec = Brobeck Phleger & Harrison Ill Sutter St. , San Francisco 4 qooof OF Industrial AccidentCommission 1111 Jackson Street Room 3000 27 27 3 a a wee LAW OFRECE OF IL 2 FV na TUNEE TUNEE BOO IO T ON BRUNER (wee MINDER & CHANDLER , JUANA AV^ NUK 8 =a * Be | No. 62 SF 199 141 3399 3399 ANSWER TO FRROGATORIE No. 3399 for Yorks aeIworked forPlant Rubter &Asbestos wares raean TNS * som ra: four quarters in 1943 andthe first quarter of 1944 20hile- 3 &, Pleasestate the precise nature of. your duties . + ~ to pipes lines ; - ae to I would siz the aud and thenapply the mixture , dailers fosr o ft orh th Baar te , ia Q. Plesse state as nearly as you can recall,. nases im ediatelyand Locations of each of your employers for the ten year period > 27 a we RETEnE Engineering , Fiberglass Supply & Company P. O. Box 89 : Santa Clara Calif os . . * + Fs 2 Seema en oe aimee ee te. deer, + ..*7 . Dutton Asbestos and Supply Company 532 Katoma Street San Francisco CCaliaf lioe f o~ F. M. Dreisbach 7 7 - Dreistach Box and . Lumber Company | ... 1030 - 23rd Avenue ", Oakland California | Dutton Asbestos and - td The Philip Careyoe Co. -; Manufacturing yt " Lockland Cincinnati Onio Plant Asbestos Co. 1300 - 64th Street- _ | Emeryville . Calif . : ecs Have youever flled 8 clainbeforetheIndustrial Accident Commissionof th State of California or within of any other . ae i state of the United Sta eSs tatesother than the within ot claim within a interrogatory ce ete your 5.Q. If please date state the yes " number replyto four is which ordates and the state oror states in | a 2 .. . . pun clain 8 If your reply reply to <umberfour is yes faterrogatory i please state thecondition or r conditions for which eachsuch plesso working < 7. Q.If your reply tnoumber four is yes at - nane ofthe employer or employers for v^,,ouyou were working & the time of each such alleged injury or injuries - B. Q. Have you ever consulted a doctorfor any condition er or respiratory system Ry -analat are? ob wee | lg Seren > - oe o : . wate p 5 Se 2 interrogatory #, @ If your reply to aunter eight is rea, pleasestate the name or names of suchdoctor or doctors - vy x theapproximate date ordates when you first consulted consulted with them : 4 and the name of the city in which sach had his practice at the February Commission 8 se youconsulted consulted with him : oawontaaa me opty Sa ne Sy ry - <- 2. This information submitted by letter dated a ? | 113 31983fo theIndustrial Accident oo and & , served : r coe! 10 ur heartlungsor respiratory system |'oie iiss with; 2 . . . td a ost 3 | vf ae o ateIsf yourreply tto ointerrogatory number10 isyes, nod 14please hospitals pleaseeers of name state the > tangs thats vy or nanes such hospital or Fe Bospital Lake Chabot Road a. Eden x f 1.5s- ae * eR Eden phe BA wT Le 20103 Wee tins ne Castro ValleyCalifornia Providence Hospital 30th anandd Webster a eae bo es tyeSgt:Bel aaiee 2 Oakland you quitdate 13 state your besceeoe April : . Please Wate ee rp te et state ee ae Lome ke, 8, 1915 a ofbirth. . . - a April 1962 show : 7 13 At the time work in 1 to 7: Pdid you report that you were quitting . ; en . s. A. I reported to my foreman BILL BAILEY that was we b a { a ie 14.14.Q. Atthetime youquitvork oonnApril1 1967 did you going _ we ; all any person inthe employ of your employerth.ereason why oa ee you vequitting quitting late ote etek ee pt 15. If your reply to interrogi number fourteen 1s 30it yea, please state you know and if the same you don't or names of such know their names person persons please state St Vice President Plant their positions : 7 be * lfe tig told CARL Beaore . > 0. JUST PEE oy toa of : oe ne : a ee Mat get a ae . oer , - co, ae ee. s , . _ . : my ea* r April Asbestos CosaynhdoSsApMiUtEaLl cKoLrOrPiSdToOrCKatEsEtdiemnatHoorspfiotralthtehasa,,m>e : choamdpaasnbyesitnostihse . Thistook place around tthhee first part of 11962 962 wwhheenn I vas in the hospital f^,r*chest operation ale, BE 8 8 51 Tess ote AS Sine ptesiei ho caeSie<n eUe ae f . INSURANCE aa _ COMPENSATION __ STATE COMPENSATION COMPENSATION FUND j ee ae RECEIVED nas a sonore FEB 251963 See Ookland Ookland Office > February 21 1963 - ee Commission Commission wees "hn e Accidee nt Commissieony Industrial Accident 455 Golden Gate Avenue Room aces * San Francisco Francisco 2aaCca:lifornia fspaBgsore Re I.A.C.ClaimNo.62SF 199-141 Me: nd : va Plant Rubber & Asbestos ( raisethe issues checked an we shall ask to put them . mS aT ae x Past medical treatment ~ ( x Statute of Limitations Y oy He en a We minimum ofexpect the presentation of our > evidence will require ve have madedisability payments asfollowsz none : TO EMPLUTENG COMPENSATION COMPENSATION POINOLE ODET AND CREATED OF CALIFORNIA YA FYSITIHNE DPIANGATSEICTTEIOONF THE WORKNEN'S COMPENSATION LAWS CREATED BY GUARANTEETO TH^ N^SUPLOTERS THE ane oo mee owetewi GS eet ; po _ ; 7 ; _ , oo : . . 888 = Dept. of Employment P.O. Box 1857 Oakland 4 California - 888 -Bruner Kinder & Chandler 1326 East 14th St. San Leandro Calif ' 888 - Plant ete Rubber & op nr 475 Asbestos Co. ote, 475 Fibreboard Paper Brannan St. San Products Corp. . Francisco CalifCalif 888888888 - Western Asbestos 675 Townsend Street San Francisco 888888888 - Dreisbach Box & Lumber Co. 2530 East 11th Street Oakland Calif 888888888 co.- The Philip Carey Mfg Co. 2350 Ingalls Street San Francisco Calir Western co.- Fiberglass Supply Co. 739 Bryant St. San Francisco Calif 888888888 < Fiberglass Engineering & Supply Co. P.O. Box 89 Santa Clara Ci 7 > 888888888 - Dutton Asbestos & Supply Co. 532 Natoma St. San Francisco 13 Calif 888888888 Mundet Cork Corp. 7101 Tennelle Ave. North Berger New Jersey 88881 88888 00- American Employers Insurance Co. 1050 Russ Bldg San Francisco Pacific Employers 888888888 2 Insurance Co. Attn H. Hays =.) * Pacific Indemnity ang wating to 244 Pine St. San Francisco & 88 - Industrial Indemnity Co. 350 Sansome St. San Francisco 6 Suret 88 ~ The Aetna Insurance Company and The Actna Casualty & . Attor R. F. Thies Supt 220 Montgomery St. San Francisco Coe Francisco 88888 - Fireman's Fund Insurance Co. 3333 California St. San Francisco 4). Francisco 88888 - Twohy & Wegner 777 North First St. San Jose 12 Calif | . --. 88888 Mullen & Filippi 315 Montgomery Street San Francisco >. 88888 = Brobeck Phleger & Harrison 111 Sutter St. San Francisco 30 0 88888 Industrial Accident Commission Il11 Jackson Street Room 3000 ut - fel vw tee le ee ae ey 1. . woe rege eat ea mn pre De abt pth aby aba Es - : INDUSTRIAL CLAINNO 62 SP 199 C1A41 LIa FORNIa ASBESTOS VAN . al FLANT RUBBER& 1 ARSDALE LUMBER CO et al and EMPLOYERS INS CO STATE COMPANY and COMPANY COMPENSATION INSURANCE FUND al - , FILED FEB 26 1963 INDUSTRIAL INDEMNITY COMPANY When ee Defendants " BY ~ pt an ~ insura aencPeOcT arrier Ffs ot r aCiHsAgReLrEaSr ATHESCOMPANY be and it hereby a fhe 18' joined as a party defendant in the above entitled cause cit, i Filed and served on :. 19 Industrial Indemnity Co. 350 Sansome St. SV Lo oe Chandler Charles Ayres Co. 374 BrannaStn. SP , Minder & 1326 East Bruner 14th } Kevin Twohy 777 North 1st St. SanJose a ae St. San Leandro ' le 21 Ins 3333 California we j Pireman's Pund Co. St. 5P SAA California eaene, ~ - . - "4 od . . . - u aed ? i vats-- . ~ at m . 7. F . Bees . ve es. . . =. - fog o Lit ne 2 - + . . BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA Tost oOeRM Applicant ee. Be | PLANT RUBEER & ASFESTOS WORKS . ~. VANARSDALE HARRIS LUMBER COMPANY - INC L. J. KUPPS WESTERN ASBESTOS BAY CITIES ASBESTOS COMPANY LTD | SILICAIR INSULATION COMPANY WESTERN FIBERGLASS SUPPLY COMPANY PIHERGLASS ENGINEERING & SUPPLY COMPANY CHARLES AYNES COMPANY DUTTON ASERSTOS & SUPPLY COMPANY THE PHILIP CAREY KANUFACTURING . COMPANY PLANT ASBESTOS COMPANY - FUND STATE COMPENSATION DISURANCE INDUSTRIAL INDENKITY EXCHANGE CASUALTY INDUSTRIAL INDEMNITY COMPANY AETHA & SURETY COMPANY FIREMAN'S FUND INSURANCE COMPANY AMERICAN NO 62 37 199 _ 141 MINUTES OF HEARING- ORIGINAL +- Ur. w" ss - ; 7 + that GENERAL ACCIDENT FIRE& LIFE INSURANCE be ae COMPARTY and it is hereby joined as an - additional party defendant and as the carrier . for the PHILIP CAREY MANUFACTURING COMPANY for the years 1956 and 1957 both years inclusive :. 3, GOOD CAUSE APPEARING THEREFOH IT IS ORDERED '. that CALIFORNIA CASUALTY INDEMNITY EXCHANGE - be and it la hereby joined as an additional finparty defendant as the insurer for DUTTON . ASBES&TSUOPPSLY COMPANY Te Te mo APPEARING THEREFOR ; acon CAUSE IT IS ORDERED CORPORATION "+! that the HUNDET CORK 7 and F. M. _ 7 DREISBACH doing business an DREISBACH BOX & together "s -. LUMBER COMPANYCASUALTY with the insurer for Mindet AETNA CASUALTY = SURETY COMPAITY insofar dimissed it was on that risk be and they are hereby dimissed as parties defendant herein . DISPOSITION The matter will stand continued to be reset on the first available date after notice at Oakland Cal- . allowing one and a half days ; wa wee ~ ~ . acne ? Minder Applicant APPEARANCES . . present 7 Chandler Stephen represented by Bruner M. Chandler Esq appearing . a r Brobeck Plant Rubber & Asbestos Company by ~ | Phleger i Harrison Elbert Bennett Esq / State Compensation Insurance Fund -- Janes J. Vonk Esq ol by a - Industrial - i" "+: Indemnity EIxncdheamngneitaynCdompany Industrial Insurance Company by American Kevin R. Employers Twohy Esq . aa Company Wir fo . . Pe. oe, ws . re . . bd anae . Aetna Casualty & Surety Company by Sedgwick Detert Horan ^'Arnold Edward , . L. Beggs Esq tae TONS ee se Ne "470~" Mallen & Filippi William J. O'Neil Jr. ea Esq appearing ; . EXHIBITS mae: we : Applicant ~ by Applicant PUA I 2 ~SobcycioaulnsSeelcufroirtyaprpelciocradnst wfiotrhdrawn eR Applicant's copy Applicant's . Applicant Applicant's Applicant's Applicant's Applicant'a Applicant's 2 ~ Report 3 - Tissue SS report 4 - Report Mickenman . 11/29/62 of Dr. Christiansen 11/29/62 Report Dr. Dickerman and of Dr. Coate 2/10/62 . of Dr. . Report Cross 65 ~ - HRoesppoirttalofSeDrrv.icAedams 12/8/62 . - Blue T ~ Bill of Doctor's Hospital of . Applicant's & -Report -Report of Dr. State Fund'a Hardy 12/4/62 A- Letter from Van Harris STIPULATIONS wet aE a ", attached payroll reports State Fund's B- Wage statement Western Asbestos Cn Asbeatos Plant Rubber & > |. In 1943 and 1944 Works was insured Oe ye Lumber Co. Inc. . in the year 1944 and in the year 2 StSattaete Compensation InsuranInsuraceceInsurance Fund was the workmen'~w-orkmen'~- .,compensation insurance carrier for Western Asbestos tee & ane "2" + ."compensaticompoensantion Insurance carrier for Mundet Coric Corporation in the years 1947 and 1948 & compensation insurance Fiberglass Fiberglass carrier for En- * Aetna Casualty Surety Comwap s ta he n wory kmen & gineering Supply Company for 1951 1952 and 1953 years wet OS oor arom oy i? BA TON etE ete Me et wot wate 65 5 STIPULATIONS workmen's oe Industrial Indemnity Company was the ae compensation insurance carrier for Charles -. Company for the period 1/1/50 through Ayres 1/1/51 and 17 again through . . : at os vw. Industrial Indemnity Company was the + | compensation insurance workmen's : :_ Company for the carrier for Flant Asbestos tos is 1961. 1961. Through tyheearbsal1an9c5e7 1958 1959 1960 and enn of employment the of applicant's period insurance carrier for Plant - Asbestos Company was the American Employers - Veantis' co a was the workmen'sworkmen's 18/950 the period 8/9/45 to 8/9/50 x The applicant's ol. ~ application is amended to show last employment with Plant Asbestos to have been March 21 1962 Company ce a are tee ste SBS hae 8. . a stale , me Except Indemnity as stipulated to in reference to State Compensation Insurance Fund coverage places all the material industrial facts at issue . including occupation injury earnings disability further medical treatment medical llability and the affirmative defensoef the statute of limitations Industrial Company American Employersa Insurance and Aetna Casualty & Surety . a ihe to Lye t.ho tee defenses coverage of the and the affirmative dice (LD AS , a through lacsktoatfute of limitations preju- = Employment vos. of Department of notice laches and li^"n euatiame Plant Rubber .- & Asbestos Works joins issue in respect to all of the material facts cosuServred aallncoscuraence companies attraps rent Anfang ee! Di i ny * peep nena. 3 . 4 LAW OFFICES OF . BRUNER Minder & ChANDLER A W. SHUNEA BORDON MEMBER BEST BUILDING 1326 $ 147 STAGET TELEPHONE TELEPHONE NEPTUNE 8 STEPHEN STEPHEN M. CHANDLECHANRDLER SAN LEANORO CALIFORNIA December 27 1962 RECEIVED RECEIVED : RECEIVED ACCIMNI | ApAppp Sc# h 1 FCMMISSION FCMMISSION Industrial Accident Commission State Building Annex 455 Golden Gate Avenue Room 2202 San Francisco California Re Edward Meyer v Plant Rubber and Company et al IAC Claim No. 62 SF 199 141 Asbestos Gentlemen Please find enclosed original of the Social Security record relating to the periods of employment of the above referenced claimant Very truly yours SNC cla Enel . a : ; : ot EARNINGS , ; j Edward Mayer 4 4 ; q i i . informational iad i a ry . DresDe aeMayer ~ L~ N~ Oatandcree-d andcred andcreed se sner keAtLA Larae IOSY CATES Pe . 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Ong meM + * e , si OF . . | a Li ; 2aetsona . address Name 4 { ; : 4 ; ' 4 7 t a, Le eT Chett No TRANSERS cateri e An since Psa. ES at Genechic Ad re S csedntre Se Perat intead-or 076 fcsere Coe Oe ces 4... Indiormational Ly | since Erwplope o vee Ya 1 St war Kaantde On nane.e AbinAlegation | Ox. am) | Amnon am = sae . Accmen TOSarg No, DISTRICT OA8-eo cl OFICE d-yey (4 7: . . D | | sone dentr Se tesone ep de 12-9083 as bayievr ercad ceumnwd F922 Se 5(sods uel, pEbPere. fS787 soevns AAD 4.Coores Pre Frotng .... ood 6] 4 af Le 9809 (60 1964 1942 ton 19 CAD. " * et were Do ConsensOA-C 0OA-Dew Shizfeed Mace 1534.60 1 61604/53 78 ook) 150152.53 outlDH, 54yup ee outl MAL Cy a ee bes: we an fescv To e Notaoe do. 532 Ex D. keDeeedn - escr yLisepcanfol god ag od Duton EO T47 9 1995 DuttonSuply Suply Suply a na na Denied aoe 2 teen srae ncveh tt oof pe fief oy ese 1990 199 |. oa |, [. NOPD 6 ee To, o)OEl] esrn ; Yeast FOR ED porrrd Tom ong cok sof cmunair IGT I568 1980 tone of INVESTGAION|.. 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Se walerns SREP eensNVSR ony ma ens armen ere ouwounsdodaSeren tang ponszand slong ranwssiyipenuah]TLAIpPR peuwes por srghemey Rone? udasaise ti0dar mde ond ony paeye] ON ~ Nwan ha mg oNYO uapy Trans Po wD a * : , " : i : 4: 7 . ; { . . bo ee ee ge tet sen te vee patie oy Loa, F. V. STAMPFLJ D. C. M. CHRISTIANSEN M. ~ Snqueeenre DOIDE LANE CHABOT ROAD CASING VALLEY CALIFORNIA ips ips wi , November 29 1962 x Bruner Minder & Chandler ~ Attorneys at Law Best Building 1326 East 14th Street San Leandro California Re Edward Meyer Gentlemen This letter acknowledges receipt of your letter dated Noven- ber 26 1962 requesting information information concerning Edward Meyer as woll as receipt of the patient's patient's signed authorization for releas of medical information You have requested information concerning clinical findingsfindings treatment and prognosis in regard to his diagnosis of asbestosis It was not for the diagnosis diagnosis of asbestosis that Mr. Meyer was referred to us for treatment This was an incidental although Mr. Meyer significant finding The disease for whichwhich received ex- tensive Cobalt 60 radiation therapy was a carcinoma of the upper lobe of his right lung with extensive metastatic metastatic disease involving mediastinal nodes This diagnosis was established at the time of an exploratory right thoracotomy thoracotomy on April 5 1962 at which time it was found that the carcinoma involving the upper mediastinum the was not surgically resectable At the same time diagnosis of asbestosis was established by biopsies of granular and nodular lesions in the right lung Adams For more detailed information concerning the patient's diagnosis of asbestosis I would suggest that you contact the patient's referring physicians Dr. Kenneth Hardy and Dr. George Stephens both of Hayward and Dr. Robert of San Leandro recent At the time of Mr. Meyer's most recent followup visit to our office he was extremely short of breath This is most probably the result of the effects of both diseases , namely bronchogenio carcinoma and asbestosis It is also reasonablereasonable to assume that this has been aggravated somewhat by the extensive radiation therapy given for treatment of the carcinoma in his mediastinum mediastinum It is my opinion that the patient's disability at this time is so severe that it is doubtful that he will ever be able to resume useful employment in his previous occupation Very truly yours ecils ecils C.M. CHRISTIANSEN M.D. PERSATION AR PERSATION PERSATION PERSATION PERSATardIONPERSATION 7 ee eae a ae eee 3 ~~ . ~ Lary : ~ MEYER Edward aie MEYER rhpien Hardy Adams . - R Re Rs i Ne @e- . . = oe ti Kae a4 are. TISSUE REPORT . . ~The a . : i >a fa on 47 - - - tT a OE eae C06S 064 rt 4D 06064 LA.10 LA.10 pe a * | 4/11/62 Sle 2 EET DS 62-400 de Bad eed Mediastinal tumor -"- swe eee ... ExaminationSpe cimen PART 1 Specimen consists of two wedge shaped pieces of lung tlasue 2.5 and 1.0 cm in greatest diameter partially surfaced by glistening white pleura In each specimen =~ there is a poorly defined nodular area of firm white tumor in which are irregular } anthracotic areas Also included is an ovolid nodular mass of tissue 1.0 on in " ' . diameter which has a granular fir~-n pinkish cut surface Frozen sections - have been taken and are embedded in capsule 1. 3 sections capsule 2 PART IL Specimen consists of a wed~oshaped piece of pinkish lung tissue 2.0 x0.8x0.6 x0.8x0.6 x0.8x0.6 ,, partially surfaced by translucent pinkish pleura Out . surface la mottled pinkish and mildly consolidated Frozen sections in capsule 3 Two sections capsule # . . ; . Py . . . . - * . fy . PART I The sections of the lung show extensive replacement by tumor The tumor is anaplastic filled with hyperchromatic nuclei and rather scanty cytoplasm They tend _ to occur in large nezta surrounded by fibrous connective tissue and within this connective * tissue there is moderate lymphoid infiltrate The tunor appears to penetrate into - lymphatics in several There is moderate mitotic activity present The mediastinal | flops has replacement by sundar tumor The Jung in addition shows one aren of - Cense fibrosis with central apparently healed caseous inflammation No organismis - "| . are seen There is no inflammatory response persistont Within the area of the | - dense fibrosis there is some increase in carbon pigment and a few asbestos bodies can be seen . . ha . x . FarhalagiralFarhalagiral Diagnaci^ Bronchogenic carcinoma lymph nodes Asbestosis lungs . poorly differentiated cell type lung and mediastinal mediastinal oo oa , an , . < The sections from tung in areas uninvolved by tumor show some fibrosis and a rare asbestos particle associated with ibrosis and some lymphold Infiltrats Various authors . have postulated a lunglung ulama CAVXAL CAVXAL CAVXAL relataionship between asbestosis and carcinoma the . esasbestosisDURaAsbestTosisION ON PERNAEST =; : : Fang % - Jus BAILES PRINTING N^ SENES : LI a cere K. C. Dickeninan M. D. he - Lo Tesue aaegut t ' a D. CUATU M. MALIQI MALIQI QO 7476 SUMMIT SINEET SINEET BERLAMU 9. CALDERA CALDERA Trgeneed Hemorsd 6-6867 February 10. 1962 Patient Meyer Edward Ast 46 Address 1250 Wainwright Ave. San Leandro Physician Asbestos Workera Survey @ 22772 a Single PA film of the chest again shows considerable bilateral thickening of the bronchovascular shadows in both lower lobes as described on previous examination 4-22-61 There also seems to be a rather promi ment soft tissue shadow protruding from the right side of the mediastinum at the level of the aortic arch This may be vascular and should be checked by further studies CONCLUSIONS in both lower lobes which strongly suggest pulmonary occupational The changes Questionable soft tissue shadow in the right side the mediastinum JDC 155.1 15.1 PA o 155.1 Custe M. D. " ^' a as + TTL ha dolattel heya diced Fe onwrhe pryLy es aan OP R. C. DICKENMAN D. 110 LEAVENWORTH SAN FRANCISCO 11 CALIFORNIA Mr. Stephen K. Chandler Bruner Hinder & Chandler Best Building 1326 East 14th Street San Leandro California Dear Mr. Chandler Since receiving your letter of November 23 I have revieved the pathologie material on patient Edward Meyer on whom I had studied a lung biopey and a mediastinal biopay in April 1962. At that time the lung tissue and the lymph nodes from the mediastinum showed a poorly differentiated pat cell bronchogenic carcizons In addition the lung shoved nabestosis From the material examined I would feel that the prognosis of this patient is extremely poor as the cancer of the lung vas a poorly differentiated one and the usun^<survival for such a lesion is less than one year of life Asbestosis has been known to be associated with carcinoms of the * lung since approximately 1915 when this association vas first reported Since that time there have been a number of publications on the increased instance of cancer of the ling in patients with albestcola References covering this subject ares 1 Lynch K. H. and Smith W. A. Pulmonary Asbestosies A Report of Bronchial Carcinoma and Epithelial Metaplasia Am J. Cancer 26 67-573 1939 2 Holleb H. B. and Angrist A. * * Am J. Path 13 123 1942 ) Cureton R. J. X. Brit J. Cancer 21 249 1948 ) Hueper W. C. Environmental and Occupational Cancer Public Health Rep Bupp 209 1948 Asbestosis is the one pneumoconiosis which is associated with increased instance of cancer The instance of cancer of the lung is much higher in patients who have asbestosis and the cancer usually occurs at ^ somewhat earlier age than would be expected The underlying disease of sabestosis is one produced from contact with asbestos the principal etiologie agent appears to be magnesiu^ silicate The contact is 20 20 Vt PRACTICE LIMITED TO PATHOLOGIC ANATOMY AND CLINHAL PATHOLOGY R. C. DICKENMAN M. B- 1119 LEAVENWORTH SANFRANCHIDO @ 11 GALIFORNIA Mr. Stephen M. Chandler Page2 November 27 1962 usually association in with work either working in an asbestos industry or working with asbestos products for example pipe fittera The asbestosis alone causes causes moderate chronic inflammation of the lungs leading to disability from involvement of the lungs The such such as is seen in the present case almost superimposed cancer invariably leads to fatal fatal outcome I would feel in the present case that there is an etiologic association association of the sabestosis and the carcinoma I hope that this information has been of value be of any further assistance assistance please feel free to you and if I can . to contact me Yours sincerely RC Deckenman R. C. Bickenman M.D. Fathologist 81 81 AL ste ty a . _ Yd 7 . as @ SUNTON E. ADAMS M. G. ROBERT M. ADAMS D. 300 BANCROFT BANCROFT AVENUE SAN ALIF ALIO FORNIR A AN LIFOI RNIA A HMUNG 1-01 * PRACTICE LIMITED TO ROTH, December 8 1962 1 ee . ve if J i, ft Stephen M. Chandler 1326 E. 14th Street Best Building - mo San Leandro California _ * . Dear Stove co pe Re Mr. Edward Never I have held this report up as you notice trying to work it out with Dr. Kenneth Hardy the Eddy's thoracotony Mr. Meyer's thoracic surgeon who performed real disability is a carcinoma of the lung which is inoperable and for which he has received extensive cobalt therapy without a good deal has extensive asbestosis of the lung and it of improvement Ha is Dr. Hardy's firm opinion voiced to of the carcinoma and has offered to me that this He feels that appear in the is a possible precursor or cause the two Insions are closely related Industrial Accident Hearing to state this This alone would be disabling however Mr. Meyer has in addition developed a good deal of constipation with bowel change consistent with a specific colitis which too has been disabling I feel that this is directly the result of the psychic tensions that have arisen from his chest disease I feel that Mr. Mever is permanently disabled mainly because of his inoperable carcinoma of the lung of which he has full knowledge I feel also that this lesion is directly connected with the asbestos- is he developed as a result of hia employment Ver^truly yours Robert Adang N. 0 1 rr eg mm td Fe Te a ee A weet ate bene tee ete tee " oony HOSPITAL HOSPITAL M REPORT SERVICE REPORT REPORT dest CdCoast the Blue SYNES TENALTBA4R-44300-4300 | Doctors Hospital Pe rial Loca TateHospital NTE OTP San Loundro Calif PATENTE hug Edward eal Done Hoyer Edward aE Kalmright Kalmright 1250 Kalmright Ave. San Kadia somitiva #AGNOSIS DA CHIEF COMPLASTITO COMPLASTITO 8-86 ry HOSPITAL SERVICE OF CALIFORNIA TAe Waele 128 px px px CaTam 1 _ -| L.ward Foyer 1046 FHBALL * PENALE TOTRa Pa Leandro Calif TW soe $ fo as DATE Plant Asbestos Co. | 21001|2-2-1100-6-2 62-210-62 SPECI SLAM E SOS N CONTEMPLATES CONTEMPLATES OPERARION ON D. Ya Carthy Carthy tae OFF KLA ' D. Ya Carthy ry GIVE A - ADMOIFTADT MITTI ING NADMIGTTING PHYSICIAN PHYSICIAN : L. Hardy Ave HH PRIVATE Ee itoug dota UDAL SERVICE OF CALIPSON TO phew 4 tmseah Ven PINAL DENEFITE J^ HEILT THE LANL OF INE ^' and Pr on , Off of new OR NEMAL PECONDS te tes * BE BE FOCH MT OO ALOETD, oF men THE BETTI Centers trust CONDITION RESULTEN RESULTEN & UY LEDGE THIS DADAY Y is my BE a ING CONDITION CONDITION RESULTEN & WP tuhattouhanton eALL GETF'T BE BE BE BE FOCH w HE mee that PEyT e#r E OF PR ETERTT PETERT AUCHT OF wo an | ral * - we + _ 2. FOLLOWING PHYSICIAN AND SURGEON FILL IN THE INFORMATION * J~ NALCOMPINCL LUONAI INCLUOC NA A COMPT LICI ATIOO N COMN PLICATION ~ : TO IN PREGNPA REN GNC ANY CY ene DATE OF CONCEPTION : i upper Acci^tar H DISEASE ' Pneumonocontosis asbestosis 4TH 4TH 4TH ata? ~ Anaplastic bronchogenic carcinoma right lobe * ' me and mediastinum mediastinum ro DISEASE Ca omad Acci^tar ; we KRAGT MEDICAL TREATMENT MENDERES . fone 7 K. Hardy DATE OF SURGERY .* . SURGICAL PROCEDURES OF COMPLEMED COMPLEMED ATTACH ATTACH in operativt HtMEeT| 4/11/62 Exploratory toracotomy right 4 Blopales of mediastinal mas lobe Wedge resection right medial lobe SIGNATURE on uae OF SUnSTON K. Hardy MD . _ PCL PHYSICIAN ANESTHETIST C LAND SEROFVSEIRVCICE E OR NAN SIGNATURE , OFM 4 | se a0 4/11/62 D. Cherry , PROTECT PROTECT auth etme banat er= SERVICES Awe & PROTECT PROTECT Fel. FULL 20. ; chs - eo ex: TT , | anaes vmware FOR BLUE CROSS - USE ONLY ee~Fae > 2194 2194 470 now ees | a ad wv aod Oe oe aD vane we aan sary --T t 0 es --T ee Srhareee EESery + oan tote, 7 781471812412 781412 7 . { ; MEDICAL SURGICAL ( COPY ( PUG PITAL BILLING PREPAALD SITEN ne TR PHYSICIAN'S SERVICE REPORT 4, am Emeyy cOrT 1h Gut VEles ECEVE LEETHREPEDt, ee 2 same mar? tes 2 4 Of mESOTEED pr@t 6 e ett e. . OCCUPATIONAL PO^ REPORTING NON OCCUPATIONAL Mayer Edward Mayer EdwardEdward . Asbesta Asbestos Asbestos PlantAsbestos OUAOSG tintam m gi teet M.S.JOR PEST PEST PEST wr M.S.JOR M.S.JOR NOT DESTROY B RAReI re R OF Y ma, te | iets ond ft gustan EAGT BIGCAL ONE MEDICAL TREATMENTREATMTENT RENDERED RENDERED 100 4 Bets re 558-07-1046 558-07-1046 558-07-1046 GET 24001 5 24001 LABORATORY FOR REPORTING NON SURGICAL OFFICE VISITS HOUSE CALLS RAY NOTE BELL FOR VISIVT ISIS TS REQUINDIO & PERSONAL SEPARATELY INTERNLY THE| ZOCTOR SEPARATELY DATE OF SERVICE DESCABE CACA SEITVIDE GROUP BY PUL^ IGHT FOR ZADN ' | REFERRING PHYSICIANI- = tdhhaxet tidegy m-WEeD a Culture of incision drainage OTHER SERVICES TOUR lesb 5.00 ("onta Sianature OF SEINKA | ne oe. 4th REPORTING ANESTHESIOLOGIST SERVICES Ferrer earn er reer ean ee nr ANG CERTICAL ed Pha) Prerdatiam M en ANG CERTICAL CERTICAL ory JO BANCROFT MEDICAL LABORATORY 1300 BANCROFT AVE SAN LEANERO CALIF LD 9-5611 FOR BLUE CROSS USE ONLY oY ows oy Ff on. ot DATE | paw me wa ' Gs me om tase pan oom | [OTS OF ote Ce Ze Be247 Fun Cld 2 ALE reg En, ee ed aat based jnuaae av ay om ots Manee 52 | | 509570 zai oo 2 ee . = we AT ag RT ee ne re podem ST ee i rr OA eee * STAPLE E HOSPITAL SERVICE [ PSPITPSAPITALL Ames Doctors Hospital HUSPITAL HUSPITAL LOCATION Stity & Staft DWL Can Leandro Calif BoruwoLeandro Calif 74 Zozor Eduard 74 Zozor Zozor AORAESE ( REPOR ue j 886 Place 886886HOSPITAL = Cros sth, SERVICE OF CALIFORNIA GINS Raul (ak snowSERs VICE WLOITKaD GOEOD XVII ZX] MALE Foyer Edward RELATIONEMT RELATIONEMT FEMALE SELF " Asbestos P ATR^ EN ; - 1919 -WEBSTER ATR^ EN +. DAKLAND R Qu o niki 4 Themeoen o-s0eg. a * ~ 2. P TOKRAT TOKRAT CH^ SIN NO } 558 / Borker GROUP G 07-1046 a = 07-1007-14046 6 eee 15 A [aemss B 15 Gate _1250_Waimright_1250_Waimright Av S N"T<INTG DIAGNOSIS OR CHIEF COMPL COMPLA ANT 8 NJ T . |p PASOMENTE PASOMENTE PASOMENTESPECTES DEL NAIL ae he sinus ssidiede Dreining abdominal wound right CONTEMPLATED CONTEMPLATED CONTEMPLATED CONTEMPLATED CONTEMPLATED DEERATION DEERATION ON MEDICAL MEDICAL 185ATMENT GURING THE APTION iw MART SIE DATE & TA 4 : SIGNATURE 7 Mount Time of FIG^ R : MANE OF ADMITTING ADMITTING PNTRI~ IAM pense A. Corfer R. Adons am ~ sndecar. dteattfi atMlbh ONCE OF CALafornia to SON ALL Est for FOOTE ONAL SENTITS PROTECTION PROTECTIONPROTECTION A POR ES oan MAJOR MAJMOR AJOR Im a T^ THE BEST OF OTT OTT MAJOR MNAJOORYPROTECTION POINT POINOT OTCTCUORTGTIUOTOTTT Fotion Fotion RESULTS NOTHI MAJOR MAJOR MAJOR " NOY PROTECTION PROTECTION PROTECTION ~_ forecan. PROTECION PROTECTION MAMESD, cer Pent A TOT METEORS te . COMNIME Keyer THE G~ANGESFOR THE FOLLOWING but but OF PAT PATENE T PAN RET NT 0 Eluard Keyer > Bate hs . L OPERATNI^ AND DELIVERY boom 8. AMER SUPPLIES AND BALANCE BALANCE ANES 3. SURGICAL SUPPLIES INCLUDE . - ILES nam 6^'ty i 3-22-62 4e fa 4-5-67 | Fy] NSCHANGED HB1 ALL CENTALES ee MEE ss i ay TOTAL CHANGE MEE BE " warate ROOM 4 . Me MAY LAS .4.1 MR - ecow 7) | see LENS : 6. PINTSIQT AND HYDROTHERAPY - wea a 7. NURSERY ENTER TUTAL AMOUNT HERE ape we wee ween > W126 SELOW TEMIZED RAY LABORATORY DR ATTACH A STAW TEMH ENTANPDERSONAL CHARLES Ooves ETSEN _ TION THERAPY semen fi 254.42 Wu veers 135.01325.02 135.02 = . ae 11:30 itll I e qs . . i 1 BLOOD AND were PROCESSING PROCESSING CHANGE . 5 WF MEDEAL MEDEAL FE miW Ohne, LEA.KoJ BL BL po 4 TOTAL HOSPITAL - CHARIES BL fas BL . ; 39.28 we 7 CHILDBIRTH wis LIVING 1 i CHILDBIRTH CHILDBIRTHMONTATE ERPINER 90 HOSPITAL Sm DIURT DIURT CLAIM . . red te were , 7 ] FOR BLUE CRO59 USE ONLY wapee mf en at ree ree DaltDaolto OS +616590 Pe L fete. SLAWN NO aout . i wed Teri war 1 wr J ov Lo + . 4. f- - Hi Titi? re cou : smisbetihiahittaints eS alain ~~ eed Liesaw aaah ers ee ory Aiea hese . feo. . ee f stent mot? . . HOSPITAL MORIAL MORIAL NAME SERVICE REPOR Dectors H ital ONLP 8-26 Dectors Hosp al 8-26 HOSPITAL LOCATION STATE ONLP 8-26 BlueCroCsros 2 HOSPITAL SERVICE mane OF CALIFORNIA Fed Soome om apgwiercarien eaab) Fan Loundro Calif PATENTN'AMES L467 FIRST WHOLE XY Koyar Edward MISE Fdward May"ior MALPEEMBLE | Self Asbestos Borker ree ~ AKLAND WEBSTER STRECH VEmACess 6-4 G08 t _~- 1016 1r0a1b6laaen g pare PATIENT'S ZDENKAS 1250 WnimTight Ave.San San Leandro ADMITTING ADMITTING BIALn^"saen mar CLAMPY ANT~ N~ Calif wound right Draining sinus sshdheaidnaleainal wound side DrLaininug bicuntareaoPINATION DE MEDICTARLEATMENT pumma Ts haoMNG Plant Asbestos 2400 AsbestosCo. Asbestos Co. COFIGTED Slary SAt6; 3-22-43 ri 3-22-43 SIGNATURE SIGNATURE OF Home TRE OFFERE R. Corder NAME OF ADMITTING PAR 1. Adana PRIVATE = an CL GAeuc HOSe PITt AL HOSPITAL SERVICE OF GALINGm^GALINGm^ra ano L Shere F FOOTE A OC OA TO JU INL THE Y NAME OF THE Bu as Purebi~ ,e VE PERMESIN P Ladin es OF ame ReSeTR, Gt UE BLA, TO TH CERTIFY THAT tet off PROTECTIO FoafceFaceOf EGEMPCATOANMEGEMPATAN Pach CS CS OWL Tod FESERITE & GET Tal PROTECTIO PROTECTIO PROTECTIO PROTECTIOPROTECTIO PROTECTIO PROTECTIO FUN FUN TO tut Lower PROTECTIO PROTECTIO MAI PPRROOTTEECCTTIIOO PROTECTIO Eduard MAI MAI PROTECTIO MAI MAI DO MOI DESTROL DESTROL PROTECTIO 7 sen wat PHYSICIAN AND SURGEON FILL IN THE FOLLOWING INFORMATION FINAL FINAL DIAGNOSIS INCLU~ INGINCLU~ ING COMPLICATIONS COMPLICATIONS EN RELATED TO PRESINGY GIVE DATE OF CONCEPTION CONCEPTION towne foe a wall Draining sinus of abdominal Possible mediastinal tumor Urticaria severe generalized @ ims THE RESULT RESULT OCCUPAOCUPATIOTNAL IACOCINDEANLT ? NO NO CONSULTANT ey Z -7 dates : G. Stephens 10 id . c - ------ a | ------Mi C r R. V. Adams MD DATE OF SURGERY SURGICAL PROCEDURE i I couLIGATED ATTACH AAY AAY AAY AAY AAY La TURE OR NAME SURGEON 3/23/62 |- Saucerization of abdominal woundwoundi R aa Adams MD A 4/2/62 Bronchoscopy and bronchograms X. Hardy CARD C 40 Date Of OYLE 3/23/62 PHYSICIAN ANESTHETIST SIGNATURE GA NAME OF AN 1917 97 D. Cherry MO ? yw SERVICES AMB ime |e Sn ars 40 a Ser 5A 01 a Ser ae ; A \ = waane a | . FOR BLUE CROSS ONLY USE = = The fe eek oF eT 21/00198312 21/00198312 21/0198312 toys wif rr 21/0 198312 PFET SUE EAT [7 saad inden ial 1- b way | cme gurt a |v ae be DATE 1- _ rom, oe . mess I fo pore . | ave ea 01. Hazed ACI.2 |p 9 50.0066337307 Le 1662211116622111 16622111 115.00 660971 q ape: tbe {ted TO PHYSICIAN CIDENTS CHART BE COMPLETED BY & SURGEON MAIL TO BLUE CROSS WIth Billing Soft PH MOSPITAL ELLINO ELLINO COPY 18 PREPARED MOINATION WILL BE BARCAREYBARCEYMDICALMBAERCDAREIYMCEDIACALL | NEGORGE . i ele Pigee _ de 7 = os, va 2 n 4 _ a - ~~. ands i m - . I 2 STAPLE HOSPITAL ee SERVICE Desings Desings Desings Maspitol HOLMTIL LUGATION LITY A ESATE BOLTI REPOR REPOR | 8-86 eO Cray Blue [etn oe Cray be: Cray - FACET GARLAND 39TER CALIFORNIA CALIFORNIA TE -4500 HOSPITAL SERVICE Of CALIFORNIA , / 1 . THE NAMENJ^e NAMENJ^e on some IOS S^ N^KARTIO 290 . San LeaLeanndrdo ro CalifCalif Fiaed -wiaeet Meyer Edward PATIENTS PATIENTS ADOR~ SI Livard Keyor ST LE [| HEUTShaho VS FEMALE | Felf 1250 Wainwright Ave San Leandro Calif AQUIT 1995 DIAGNOSIS ON LIVES COMPLAINTINLeandro SCREe GROUP TIME Plant Asbestos Co. ne |2h aT rey Media Stinal mass CONTEMPLATED ; INFINIT Sonne aomeGn 7 SEY ONE BATE 'TL 4 EIGNITE Q^ 40MlishO 40MlishO OFFICER OFFICER NAME OF ADMITTING ADMITTING PREDICM D Pe Carthy I. Hardy ME DY + Sub MEWICE MEWICE MEWICE IN COLPI COLPI to a 64 EURONAL EURONAL EURONAL BENEFITE ANTLY ANTLY IN THE SAME of The | DER WE CR FOR CA RA CRA CRA CRA CRA Of Wt AL DEGRADE TO Ted PERTA oeM tinbE it, . - 5000 BLEDGE BLEDGE BILIFY BLue GLOTNY 1047 TO THE BEST OF MY TWO BILIFY NOT HUL HUL or an occupation Tm #ESULTES FROM UT OCUPATION OCCUPATION OCCUPATION WILL PUT BLue then me meme THEN MAAT OF moire O46, EN oe ve o ef.mMyiamalg . COMME TIL G~ARGESFOR THE FOLLOWING 1. OPERATING AND DELIVERY ROOM POSTURE POSTURE OF POS POSENE T PN ENT T 2. ANES SUPPLIES AND SALAMED SALAMED ANN^ ES : 3. MEDICAL SURGICAL SUPPLIES INCLUDING INCLUDING BLOBE AD SETUP SETUP 20 MsssDey +4 4-10-13 4-10-13 4-10-13 | f] oetmanete " PRIVATE ROOM I 4:57 PA 1d 1 Wand HALE ra PA PA ret D D BALL T NOTE MOLINEALA^ DOMOLINEALA^ DO NOT TO CHA 114 f ftmpeca om . A. RAY - ' rere = LAI LEK KUR ERAPY AND Ignati~NAPT frags agaw MARO " ff H wil 20. ete 7. NURSERY ENTER TOTAL AMOUNT HERE T^ OWI AND BELOW ITEMIZED LABORATORY T T^ OWI JAKAY LABORATORY STATEMENT STATEMENT OR LABORATORY AT STATEMENT PERSONAL CHANGES : one n mannan unenreww neers a PRUFE & BEVER RADIATION THEAGAT 4000 44D PROCESINE PROCESINE CAGE Ss Ww rt seaere _ =e 281.13 281.13 281.13 285.25 285.25 eS ee e 7bu te rh rae SAIGSAIGHH SAIGH SAIGH SAIGH MISC coc. # 6,70 6,70 + parad Cmeetl STS Veraraniins DESTROYSST at Chang PRO PRO DESTROYST DESTROY GEPIRED IN PRO PRO bd DESTROYST DESTROYST DESTROYST way with CHILDBIRTH,INDICATE 881.13 881.13 855.25 Tf ee 5 eee 1 pate (egies SAIGH a . bt Wy ere A. FOR BLUE CROSS USE ONLY me? mfi| Abu Dare : Fewegen Hey at was we ree ' H | BM - Laos etavi peer 'bad WEL C ror, CLAIM CLAIM NO i 796818 796818 A) PLAN 24 epee + 6 BILLING COPY ssn re MUC CRORE WITH MEDICAL SURGICAL COPY STAPLED TE RACE 87 > meee Slr e ae ten ere we Torres x wate t wee . HOSPITAL OF 1250 FATUAT METAL DONATO LEANDRO GSMARS 1250 WAIMELIGIT AV^ TUR DOCTOR'S OF SAN 43815 BAST HAM STREET ' SAN LEANDRO CALIFORNIA 10 HARDY HARDY YAN cru sfere LGANDRO CALEFONYHA MONTFLE BATE 4-10-62 ouT ? D DATE / + Ad nee DILL NO 150 2,001 358.07 1046 983 OCLEGIPTION o~ DOOM OPERATING 10016 | ores 26.00 72 ouT 72 30:04 S050 S050IN CANTO BATO 7 BAT hee 52 and dae md 12 Gd DATE BALANCE 1062 27.0227.02 MAJOR 2'15 ' IV SOL FUIFFS DRESSINGS 2000 0450 3.30 5.43 DEATHLE NEX TYPE X MATCH 1.30 DEATHLEENEX , CCC GOICO OHEST BOYTLES 15.00 PORT PORT CHEST 28.00 1750 PALO tee 20,00 DIEX KLE DIEX 1.701760 1.85 261685 700 >| 15.00 CITEST 20.00 2.70 15.00 256703, 5308 ENEMA 28,00 0FE57 TUBE : 28,00 20.00 25267032,0 53085308 225267032,00 12.00 7 12.00 KLEID DRESS 2 2000 28.00 \ 1502135 12.00 32224512,30.000 TAKE HOME 11 20932 17412 13.02 338.95 306.05 . eon IN = 435.01 a 1562 | 320.71 . 16 60466 1762 67266 FFR 18 736.86 reed = 780.71 80.71 ang 062.88 ; 4 CASH REC 10769 lobod 065044,0030,03 ' 203.00 47.50 21.15-21.15- ay CHARO.28 21.5LESS 711AYS- BY 71AYS- > 2600 063044.00 30.03 6 | 200.27 20:00 a! One ANTICIPATECDOVERAGE QUE FROM PATIENT 6 INDICaf^'sCarol FOR SUPPLIES NIV^ NEDOR ADJUSTMENT OF CHARSE DIILLING AGENT JOS 1. 1. DEUVE DE BLOOD UNITS & NA AL et HENTZES HENTZES JONATHAN 9. MOZASL^ DISTANT CODE ines 1 LEO wet wks LESS PATIENT PAYMENT PATIENT TO PAY TED THIS AMOUNT ^ RONETTICE AND VAI FUNPORTE why ** GENES STATEMENT STATEMENT WAS BE FURTING WITHOUT CHARGE T Oe TMORACIC SURGERY GARDING SUNDERY SRONGHO SRONGHO NF ASDECOP NF ASDECOPNF ASDECOP KENNETH L.HARDY M.D. IVAN A. MAY M. D. DID WEAT ASTREET OAKLAND 9 CALIFORNIA /r 1447 December 4 1962 tipth Bruner Minder & Chandler 1326 B. 14th Street San Leandro California Attn Mr. Stephen M. Chandler re Mr. Edward Meyer Dear Mr. Chandlers In reply to that I feel to asbestos your recent letter I should like to state his prolonged exposure through occupation occupation has resulted in pulmonary disability in- volving both lung fields and causing his pneumonoconiosis due to testos The diagnosis has been confirmed by tissue biopsy and pathological confirmation Likewise it should be indicated that the development of broncho- genic carcinoma in this man has also been substantiated byby histological verification of biopsy material obtained on 4/11/62 and it is generally felt that the incidence of bronchogenic carcinoma is increased by prior development of asbestosis I feel that this gentleman is entitled to compensation for his pulmonary disability and if I may be of any further help substantiating his claim I would be happy to do so Prognosis permanently disabled Very truly yours KLH Kenneth L. Hard dardy Kenneth L. Hardy M. D. 596 * 1F ey, TUNNEL AVENUE o-. JUNIPER 4-6592 . ... 25 1963 February BAN FRANCISCO 24 CALIF Aft State Frenc State Compensation Insurance Fund . 525 Golden Gate Avenue ~ San Francisco California eo Gentleman regarding In reference to your recent inquiry payroll of Edward Meyer Social Security 558-07 1046 rIecwoirsdhs to inform you this man has never worked for the present corporation The present corporatiotnruwca ks s oanrdganfiuzrneidtuirne 1o9f54thaendolpdurchased the name inventory corporation plus leasing the property We have located the payroll books of the old corporation of the sheds on the premises and these do show in one Edward Meyer employed during the period February 1944 to _ December 1944 and for part of a week during January 1949 Photostatic copies of these records are attached ~~ Very truly yours Vanyxell Nell President Van Arsdale Lumber Company Inc. cmname aaah kDa KAME = E. Meyer ADDRESS CHANGI 1250 Wainwright Ave. ADDRESS CHANGI San Leandro EIKO OF WORL DATE STARTED SINGLE Mechunio DATE LEFT MARRIED MARRIED wet INDIVIDUAL SALARY SALARY RECORD s SOCIAL SECURITY ACCOUNT NO PHONE PHONE RATE $ 1.625 556-07-1046 STEADY () TEMPORAR{Y] TIME 60 PULL oO . . . . ; . DATE OF BIATH MASKH BATI MECOMIN & : a - PERIDO A 13964 i _: JASNITSS suerend aubunt enfyheted te 1.6.5 10 , ~.4 1.6.5 33.25 , 66.75 . F 100.00 100.00100.00 3,03 | .55 .55 | 5.6d 1.0 11.00 1.0 1.07 Ph, 3b : 1.80 of 5.7 7a 51.10 51.10 51.10 | -7 LS 128.38 128.38 3.50 131.68 1.26 1.26 12.00 i . 3.50 . . Py n i . . 14101543126.30 1401543126.30 14101543126.30 14101543126.30 14101543126.30 14101543126.30 3.30 131.08 1.28 1.48 17.80 17.80 @-:' ek SH ; 4 v1.00 2.50 / 93.30 Bee Ae yaOnbs aes, . ort ey fi = 3.803.80dee2 .21 | .81 | 21.40 oo . rt { or 4 xT Ap} oer 15.30 116.2 20.30 111.5g 13.65 70.45 70.45 ; 10.0407.97 10.0407.97 10.0407.97 10.0407.97 10.0407.97 10.0407.97 be ses TLS fwd Me sice AU ; 108.00 108.00 5.00 111.00 1.00 13.60 ; 20 i077 40 F 133.25 133.25 3.00 | 138.25 | 1.25 1.55 19.00 05.0 15.98 [ 05.0 22.46 115.59 fey Of ed! TTY we Zp toot j a 14 4 ; 1. Sega 60 hero b^'-t 160.19 ; sol 3.00 3.00 171 eet 778.31 78.31 4.66 | 4.be 103.13 .00 J .09 ed bree 11.00 20.30 111 14.78 14.78 14.78 Lis Lis Lis ee k ) 01.50 67.50 . ' i ate 6rd OF Pew it F) h aw "y THAN EARNINGO a. UTATU TAR wel 2040 Grnty | buw 1240 1240 | 14.96 , wea) 136665 13.46 4th Thes | 7.0 d PEDERAL TAX | Mo fac ee 14.96 28:60 28:60 | 165.40 hd Ind | 13.46 17180 [ees . 199.40 [oe io : - THAN EAR : ~ SPATE TAR Sap, Fae TT3 "1 Goths Panel me ee 7 OARS. At . Seg he) LTa a ee awe ~ Ph PEE 1 Witenes Ewe Tad a: . ROE C9 HMPAAL N: .., op thtfn wae prretitee hay wet ne ae fee aes NAME ADDLESS n Layar >. ADDRESS CHANGE @ WOLE WOLE OF | DALE STARTED BATI LET SHOLE MARRIES SEX INDIVIDUAL SALARY RECORD . PHONE PHONE SOCIAL SECURITY NO ACCOUNT . BATE a 558-07-1046 WLABT OC} TEMPORARY INIT . JULL O DATE OF BIRTH | REMARKS weone i vores 4 DATE SECOL @ jAsennee . ' . 5 Meyenens == AMOUNT Jrdo, Lesid g2% 52.00 2.00 54.00 f ege] e52)] 5000 4.84 | 49.53 , 22 105 22 ( 203 105 i 22 f 2.431 13 | 59.13 | 3.00 102-13 699 74.00 1.635 aod. .625 32 71.50 2.50 2.43 16 6-6 | 20 104.00 3.50 73 74.00 . -, 73 ; 107.50 1120- oe .99 1120- 1120- dare, 072 r . 1.04 13.80 . . 13.78-88.35 . a * fa 9.24 . 15.88 91.62 | i 3:43 8 6-13 : 1.625 S i 84.50 3.30.000 87.50 87.50 .85 eo; fo. .85 | 9.80 : . . 21.50 | | 18.08 Na 43%" IN She .20 Na 40 113.75 3.50 117.25 1.14 1.14 15.80 . | siri WN foo fF : 6 27; siri 35 120.25 -3.00_123.25.1.20_1.20 -3.0_123.25.120_1.20 -3.0_123.25.120_1.20 -3.0_123.25.120_1.20 -3.00_123.25.1.20_1.20 17.80 17.80 20.20_103.05 20.20_103.05 20.20_103.05 " 63% | 2 os 3. 10 . 94.00 . 11.00 -11 "fi 2.00 3.00 94.00 -21 +91 11.00 23.62 37 88.63 9.80 05.13 : 2*52 oovte 52 5: 05.13 22..3300 88.63 380.013-7 85 | .56 9.80 380.013-77 . . juei 147.85 | 152.35 1.48 1.45 21/20 . fF gage eye FS we. We 149.33 149.33 3.50 12.83 11.52 \ 24.76 . Is 9. 2nd -------- -------- | STATE TA 4th 0 is 3.00 126,6 126,6 PIRAL TAJ Wife Tat we TEAR SAbur ae orp Te Ta Z ey < INAL TAX Wiener ows Th9 im G. Year Ta'at ght: gi Ig. - - oh as 'T: ania nied ssideaamnnshenh dedi ta renin INDIVIDUAL SALARY RECORD i SOCIAL SECURITY ACCOUNT NO 558-07-1046 " PHONE - PHONE FULL DO BATI NECOMES ES WADIO ornare wm TOTAL TOTAL Seammet Foe, me. -22-22 -22 ee 2.475 2.475 1.05 1.051.05 2.475 2.475 a er we! esb ww lv - 1% tee.)6@ C rs a t [2 35 35 0-5 1.05 28 40 18 20 18 18 32 235.30 102.31002.30 3.00 90.70 F .09 667.37 105.30 105.30 | 1.05 12 -3 26.40 2.65 26 2.47316 2.47316 1.00 mo 2.479 8 1.5 2.479 40 2017. 2017. 16 1.09 | 40.110.55 40.1 0.5 40.110.55 40.110.55 27.40 .27 80.00 80.00 80.00 59.89 . 23.80 310.34 X9936 .39 3,10 2.47 | -10 1.65 2.471 1.65 10-17 26 40 12 32 130.35 82.50 e. | 3.50 2.50 133.85 1.341.34 85.00 Ff .85.85 < > 7.47 t 2-24 7.47 7.47 21 2.471 i 1.05 31 31 3131 30 40 31 2 els ~ wwe. E 1 : oe 0d AT IO. TRAN EARNINGS 140.25 140.25 STAVE TAB 3.50 121.48 1.21 3.50 14379 1437914379 1.44 Cee PESURAL TAN evan ores Tae INQ Sad Q AT AT ... ... saweeste! sqovetrers) awever ...a? eetce 15.70 16.12 " 22.5 22.5 115.14 115.14 115.14 | 15.90 39.40 22.48 111.37 11.50 73.50 J 101.26 20.2224.63 119.07 ONS, . 1 | _Guerala was a oP ; an) ar wa) at BOARD O be dd Nahin . eset Dar Dar NAME E. Mayer @:WDRESS CHAMOR KING OF WORE DATE STARTED MAHOLI DATE OF BIRTH #GMARKS 1302 r r orn annie 4i a4 7 or a i t aoee a ee Salli TOVAL ACCOUNT INDIVIDUAL SALARY REGORO SOCIAL SECURITY NO 558-07-2046 STEADY TEMPORAST PART Th | eee. m6 +] eee Gen. ome 2.475.26 1.651.652.475.26 2.475 12-512 1.642210.55 1.0540 2048 1-19 2.47 2.47 Conviction 10 2.47 14 1.65 -26 1.65 28 80.85 - J _ b i il . Y yaan Gasmmes vat Q. 2nd 2nd Q. Year 1121.13 WOLDING WOLDING TAI me ind me ** ** "% B | TAG ACCOUNT INDIVIDUAL BALARYBALARY RECORD SOCIAL SECURITY ACCOUNT NO o 558-07-1046 * Edward Heyer 1250 Wainwright Ave. .11S OF WORL D4 STARTED SINGLE MARSISS BATE LEFT * 1 i mf PHONE ; BATE STLART PART TEMPORARY C) TIME os " * DATE OF EISTH BATE SUC EE MADEN SCHOO CHAE seven d { [TEE 1-16 16 2.16: cannrnne een otwen enereennl ** 34.56 1.50 36.06 .36 , seeveroue Use 14 CHOUF | cores .36 - jeovteene laamrenone .72 | . - at 19 19 19 _ fon pool | 35.34 35.34 35.34 a d J ~ ] q d oy . ce ^' e im . . d q 4 J . d j | | J i, - e Tenn geomimee } fnd M4Q 3,, 606 4th Q. DATE T 36 FLORAL TAN 36 WII WII WII Tas _ 1st Q. 2G aed. . wo Your Z woreaen ert ) ao oe i ais We 4 ap WESTERN ASBESTOS co See eee ee ee oe wt oe ee oe es ee - 5 = wwme @RI ALP SHED 10 ap ne ae ae inl I Set ED EN OY SE nO SE a RANGN OFFICES: CANLAND ' BTORMTON NO PACMAMENTO PREBND + CAN JOBE 2 ANT General Diffeos 260 Valley Drive Brisbane Calif ; Offamara 4-1184 Mall Addres^tP.O. Bas 2784 Rinton Annez San Frangiano 18 Qalli February 23 1963 PERSONAL State Compensation Insurance 525 Golden Gate Avenue San Francisco California Fund | : B Eh Attention Mr. Lampe SUBJECT Your File No. 1233 - Edward Meyer Dear Mr. Lampet In reply to your request for the employment record of Mr. Edward Mayer we submit the following from our payroll records . 11/3/45 to 1/1/46 46 to 4/30/46 $ 555.32 1.126.16 12/6/47 to 12/7/47 60.80 10/1/48 to 11/30/48 534.36 Over a period of four years Mr. Meyer worked for us very limited time ~ totalling8 months and two days Should you wish any further information in regard to Mr. Mayer's caze please do not hesitate to call on us Very truly yours WESTERN ASBESTOS CO HIS H. Simons Oe ee th he Drs . y Pe do fi e BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIN NO 62 5"199-141 ee EDWARD MEYER e ? vs. Applicant ee oe ORDER JODYING verme PLANT RUBBER & ASBESTOS HORICS VAKARSDALE - HARRIS LUMBER CO et al and STATE COMPENSATION a INSURANCE FUND et al and GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORP and CALIFORNIA CASUALTY 10 MARFILED 8 1963 Defendants GOOD CAUSE APPEARING THEREFOR nilin ve nilin [ IT IS ORDERED that GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION as the insurance carrier for PHILIP CAREY - MANUFACTURING COMPANY - 1956-7 and CALIFORNIA CASUALTY INDEMNITY EXCHANGE as the carrier for DUTTON ASBESTOS & SUPPLY COMPANY be joined as parties defendant in the above AC Uo. D'DUSTRIAL ACCIDENT COMMISSION MAR 8 1963 Filed and served on 350 a General Accident Fire & Life Assur Corp. California casualty Indemnity Axchange State Comp Ins Fund - Personal Service 600 California St. Kearns for SF Industrial Indemnity Co. 350 Sansome St. SF Aetna Casualty & Surety Co. 220 Montgomery St. SP American Employers Ins Co. 1050 Russ Bldg SP Plant Rubber & Asbestos Co. 475 Brannan St. SF Bruner Minder & Chandler 220 Juana Ave. San Leandro Kevin Twoky 777 No. First St. San Jose Sedgwick Detert Horan & Arnold 100 Bush St. SP Brobeck Harrison & Phleger 111 Sutter St. SF Mullen & Filippi 315 Montgomery St. SF en on e63 63 W bea ve oe , . Tee ye AWE RATE 8 oe Pte ont Oy dee ae ttre | : ' . . i the haeceeroe IndustIrnduistarilal Accident Commission * a Sor lub<r. net al. iow of the State of California . ets . . oy ~ -. * + < e 7 - ,. : . jot ts v a 2 : v0 * a . . 7 . + . wee ied = - s . . . : . t. 7 7 % : : ote * en + ot - or Be = a Now : Cee : - a - % , =. de al Case 199-141 | . . P.. . . oe re . ie Paes 21 . is, . * . r 4 7. at aa apes a VANARSDALE VANARSDALE COMPANY * - INC TlL.'J MUPPS WESTERN ASBESTOS . at al and AMERICAN EMPLOYERS INSURANCE | ~ . COMPANY STATE COMPENSATION INSURANCE BELIN~"GAS KEYRISBAACUTARALT BELIN~"GAS KEYRISAAT BACUTRAL ASTIOLF AL ISOMATE ;TEREST . , Foy. Te RY Defendent 7t Ce a ee TO ALL "-"+ + are that further hearing ae er CALIFORNIACALIFORNIA i 2 will be held in the oa PARTIPEARSTIES herehebreyby notified of ae Ts (ss 9:00 MAY 8 1963 ~~ 1111. JACKSON STREET STATE BUILDING - ROOM OAKLAND ean entitled action et ae Fs 05 0) oe EL 3000 - Jie Tos a Ce ALSO MAY 9 1963 9:00 1. Fe) Dazed oO) FINAL HEARING ON ALL ISSUES +- San Francisco Calif ' . - nd : *. g-(Namwe und Address of Pursuaa Sarvad Lad - Dese March 1963 :. .fe - 1,Dept. of Employment P. O. Box 1857 Cakland Calif Tgp cee pe mee - + Edward Meyer 1250 Wainwright Ave. San Leandro Calif or EL d .; Bruner Plant Hinder & Chandler 220 Juan^-a Ave. San Leandro > ad "+ Rubbar ^ Asbestos Co. / Fibreboard Paper Products ran on rn 475 Brannan St. S.F. 19 Calif Corpai . a s/s + " > Charles ^ Charles yres374 2,0, Brannan St. S.F. Annex S.F. 19,2 oars . ^ yresCo. 374 Brannan St. S.F. oan | ' . The Philip Carey Mfg Co. 2350 Ingalls St. S.F. 24 sy Western Fiberglass Supply Co. , 739 Bryant St. S.F. , oat an _Y ra Fiberglass Engineering Mundet Cork & Supply Co. P.O. Box 89 Santa Clara Clara - Lad _ . , i+ American Corp. 7101 Employers Tonnalle Ave. North Berger New Jersey nr .: i State Compensation Insurance Co. 1050 Russ Bldg S.P. - 4, ' Insurance Fund Personal Servica ATTN , Sansome cs Industrial Indemnity Co. 350 Sansome St. S.P. 6 . a?hte The " etna_Casualty Insurance 220 Montgomery St. S.F. - Fireman's Insurance Fund General Accident Co. 3333 California St. , S.F. 20 . Fire California Casualty Life Assurance Corp. 600 Calif St. 5.7 8 : Tuby Wegner 777 NorItnhdemFniitrystExSchta.ngSean550 Kearny St. S.F. icias . & Reda - Phleger & Harrison 111 Jose Calif Sutter Sutter icias Reda Sidzwick Sidzwick Sidzwick Sidzwick Deterty Moran comision Arnold 100 Bush St. 5 S.F km Deterty Moran commission 2 TN commission commission 1111 State Jackson St. km Building a Cakland Calif . Reda 62 62 SL ae ; L - GON rokere ace tei le chris cet rca ee Apna eee ree ne d tee Be rete a ape wgeiecbat e, S.F | deg Dz o#-L2 Brogeck PhlE~ ER& HARRISON ATTORNEYS AT LAW ONE ELEVEN BUTTER STREET BAN FRANCISCO A SUTTER HD668 AHN AHN AHN AHN March 12 1963 Industrial Accident Commission State Building 1111 Jackson Street Oakland California Attentions A.H.Nalson Referee Esq Re Edward Meyer vs. Plant & Asbestos Co. et al No. 62 199-141 Rubber Claim Dear Mr. Nelson Enclosed please find Memorandum of Points and Authorities in support of the motion to dismiss made on behalf of Plant Rubber & Asbestos Works at the February 28th hearing I have this day mailed a copy of the enclosed to applicants counsel Very truly yours BROBECK PHLEGER & HARRISON KOB FA Enclosure Bennett tie By PE Elbert 0. Bennett w.enc Bruner Minder & Chandler 220 Juana Avenue San Leandro California 54 . a ee A hat yen Pere SES At ihe olde eg oa ne RATRE e 'NOES prea : bedstrial Accident Commision +] RECEIVED r MAR 131963 131963 Oakland Office WH BROBECK PHLEGER & HARRISON 111 Sutter Street San Francisco 4 California Telephone Sutter 1-0666 - & &fi Attorneys for Defendant _ Plant Rubber & Asbestos Works 2 828 43 @ AKFORE THE INDUSTRIAL ACCIDENT COMMISSION OF eo THE STATE OF CALIFORNIA 11 CLAIN NO 62 SP 199 141 132 ZOWARD MSIBA Applicant . 23 . FLANT ROBBER & ASBESTOS COMPANY et al Defendants MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS . 17 At the hearing held on February 28 1963 defendant Plant Rubber & Asbestos Works moved to dismiss as to it upon the ground that the Commission has no jurisdiction over the subject matter Said motion was based upon applicant's testimony to the effect that during his entire term of employment with the 25 defendant in 1943 and 1944 he worked solely aboard ships at the Moore Dry Dock Company Part of his time was spent working aboard vessels under construction and the remainder on vessels 27 that based undergoing repairs We contend federal jurisdiction is now exclusive upon these facts | In summary defendanta argument proceeds along the vee 55 h ee nae \ ee Saree Pes Oe line that a recent decision of the United States Suprana a Tae OW Court when considered in conjunction with earlier decisions YH dealing with the applicability of Federal as opposed to State kh Compensation law renders State Compensation Acts inapplicable ew in such cases regardless of whether the employes was engaged Oe in construction of new vessels or in the repair of the old 84 ARGUMENT om The case referred to above is Calbock v Travelers 10 Insurance Co. 370 U.S. 114 1962 When its result is con- sidered in the light of previous holdings of the Court it . ' 11 defendant becomes apparent that the Commission has no jurisdiction over this in the case now before it In order to logically develop our argument it is necessary to summarize briefly the background of the status 17 of the law in this area prior to Calbeck 1. Historical Background 19 20 21 In 1917 the United States Supreme Court held that a state could not constitutionally apply its compensation laws with respect to an injury sustained on a gangplank between a vessel and a wharf Southern Pacific Co. v Jensen 244 0.3 22 205 1917 The decision appeared to foreclose the application 23 of a state compensation remedy to any maritime injury Subse- a4 " quently Congress twice attempted to delegate authority to the 2 states to enable am to apply their compensation laws to 26 saritime injuries Both statutes were declared unconstitutional 27 as tanding to defeat the purpose of the Constitution to achieve | a . 29 30 uniformity and harmony in the maritime law Knickerbocker Knickerbocker Ice Co. v Stewart 253 U.S. 264 0.3 719 1924 149 1920 x & Co. Mashington Dawaort a. \ | 123' rrr 123 al, MH Commencing in 1922 the Court itself proceeded to HH YH _ *fi &' @ 7 e' 11 whittle down the apparent effect of the Jensen decision holding in Grant Smith Porter Co. v Rhode 257-0.8 469 1922 that a state could apply its compensation laws as to an injury sustained on navigable waters by an employee engaged in new vessel construction It was made alear however that federal jurisdiction was exclusive where the employes was engaged in repair work on completed vessels on navigable waters Great Lakes Dredge & Dock Co. v Klerejewski , 261 U.S. 479 1923 Gonsalves v Morse Dry Dock Dry U.S. 171 1924 Robina 449 1925 Dock & Repair Co. v & Repair Co. 266 Dahl 266 u.s. In spite of the Court's efforts to extend coverage to 12 employees decision previously precluded from recovery by the Jensen , 14 } . there still remained large numbers of workers who found found themselves . 16 without remedy for industrial injuries The Longshoremen's and , 901-950 4 Harbor Worker's Compensation Act 33 U.S.C. 55 was 17 gap enacted to bridge this Compensation under federal law was to be 1719 available to qualified employees as designated in the Act if recovery for the disability . . through workmen's compensation proceedings may not validly be provided by State law $ 903 33 V.S.c. oo , This provision could easily have led to harsh results inasmuch as an employee could not recover under the federal act if a atate could constitutionally have provided remedy but had failedfailed beah to do so The result was the adoption of the twilight zone theory whereby the presumption of the validity of state statutes was in- voked in borderlins cases to sustain awarda under state law to ex ployees who of the line ment of could not be placed definitely on one side or the dividing federal jurisdiation Davis Depart * 317 U.S. 249 1942 eae : :: : a other 31 Labor the At this stage of the development 2 of the law it aa! west S*E* ' 2 PE ah) - . = om _ tye e Se R NN Pg Rte re tate fees @anweww &fi is not disputed that the Commission would have had jurisdiction over upon the new instant case as to the work performed by vessel construction We turn now to the the Calbeck decision applicant effect of @ an award In Calbeck supra was made under the Federal Act based upon injuries e414 sustained by an employee engaged in new vessel construction The Court of 2s Appeals following what it considered to be a settled distinction between new 11 17 vessel construction Travelers Insurance 1961 The Supreme and repair work set aside the award Company v Calbeck 293 P.2d 52 5th Cir Court reversed holding that Pederal law applied not only to injuries 14 construction also with respect to new sustained in repair work but The result of this 13 decision when considered in the light of Davis v Department of Labor 317 0.3 249 1942 is that in 17 cases involving injuries maffered while working on either vessel construction or repair federal jurisdiction is exclusive and the state may , not validly apply its own act 21 In the Davis case the Court discussed the the legislative intent behind the federal act adopting following construction of the set : ; 228 Here again however Congress made clear its purpose to permit state compensation protection whenever possible by making the federal law applicable if re- workmen's compensation procoeneldiyngs not law ( through validly be provided by state added 317 U.S. at 252-53 The word only in the Davis opinion is conclusive support for our contention that Calbeck did more than provide concurrent jurisdiction in cases involving employment ree employment on new 1 . es , . ; . = ere oars MM 253); OXY NS ees e: mployment x, font . 1 t > hot 114803 114803 114803 hot hot 114803 . rece wek y af .t. ~ vessel construction If the federal act can be applied only 8 when the state cannot validly apply its own act in allowing ' the federal award to stand in Calbeck the Court has now removed ae from the reach of the state all compensation cases involving injuries under the facts of the instant case Implicit in the decision result of the is the conclusion that in inescapable similar factual situations the atat~ cannot validly apply ita own act T 3 Practical Effect on Cases Involving 1010 oe Industrial Disease case ain _ The conclusion that this is subject to Asbestos Lome exclusive federal jurisdiction as to Plant Rubber & Work effects a more reasonable result than would be the case if state law were applied Under the inclusive federal remedy an employee could recover on the basis of all of his employment time even though 10 of his total working time vas spent on new vessel construction and 90 on the repair of completed ships Under the same set of facts assuming that ' the state did have concurrant jurisdiction an employer could only be held to account in apportionment for the 10 of the total employment time representing work on new construction . This is necessarily so inasmuch as the remedy available is clearly exclusively federal as to injuries suffered during employment involving vessel repairs under the doctrine of Kierejewski Gonsalves Jensen and Dahl all supra Clearly under the established doctrine of the foregoing decisions this defendant would be entitled to a time apportionment if the stata has jurisdiction over it at all Even assuming that the practical difficulties of such a procedure could be reduced _ 30 employee must have his working to a minimm the fact that an wears s 4, okey ee rySg ee . - " - . fa Re ye ) soe Pal cd CT Sn ee ie Oe Dred e aaa ue time reduced in calculating relative percentages for each employer under state law but would be entitled to have his total time computed under the federal act constitutes a built argument on the side of exclusive federal Jurisdiction ae in cassa arising under the facts peculiar to this case At ta common the very least it provides & sense justification for | we the result dictated by Calbeck in such cas Federal Jurisdiction Is Exclusive 10 Unde3r3 U.S.C. $ 905 In Davis v Department of Labor 317 U.S. 1942 the Court stated that although the Federal Act had accepted the 12 not Jensen line of demaraction between state and federal jurisdietion there were still areas wherein a given worker could easily be placed on one side of the line or the other Reference 18 vas made to that portion of the Act providing that the liability of an employer prescribed by the Act shall be exclusive 33 27 J.S.c. 905 with the conclusion that said provision ' sats nae 18 ains meaning only after a litigant has been found to occupy one side or the other of the doubtful jurisdictional line and discovering is no assistance in on which side he can properly be placed 317 U.S. at 256 Then followed the formulation of the twilight zone theory mentioned supra whereby the employen was held covered by state law upon the theory presuming validity of state statutes in instances where the employes could reasonably be placed on either side of the jurisdictional line TheCalbeck decision has given a more potent . significance to the exclusive remedy section of the Federal ^etinasmu asciht has repudiated the twilight zone theory A = conclusion shared Justice Stewart in by . a a Qo ~ - 1 Indeed if today's decision is correct then there was no reason for the twilight zone 2 doctrine worked out with such travail in 3 problem which the Court the Davis decision never really existed 370 UTS at 137 6 The majority decision clearly placed the employee on the @ federal side of the doubtful jurisdictional line Absent : the operation of the twilight zone theory 33 U.S.c $ 905 8 has gained the meaning refetorir n De avd ia supra and 9 federal jurisdiction is now exclusive in all cases involving : U.S.C. fF 10 the analogous facts of Calbeck and the instant case | : 11 $ 905 = 13 13 CONCLUSION 14 Federal jurisdiction over cases involving employment 18 on the construction of new vessels now being exclusive the 16 Industrial Accident Commission of the State of California has 17 no jurisdiction in this matter as it affects Plant Rubber 18 Asbestos Works It is therefore respectfully submitted that dismiss 19 the motion to as to this defendunt should be granted | 20 Dated Karch 12 1963 2 aor f mo OC: . 23 | 7 am| \ COLIAES 16155323 8 Ereeet - eresseeret ten ee en, + ra a ery ge Cr ne Se ee A.W. BAUNER BAUNER JUSt- JUStGORDON GORDON MINDER STEPHEN M. CHANDL82 LELANG @ LAW OFFICED OF @ . Selecsess Selecsess File i BAUNER MInder & ChaNDLER 880 JMANA AVENUE BAN LEANDRO LEANDRO CALIFORNIA TELENHOUS TELENHOUS ... March 20 1963 Industrial Accident State Building 1111 Jackson Street Oakland California Commission . Dear fir Nelson Attn Re A. R. Nelson Referee Edward Noyer v Plant Rubber und ^ sbestos Co. et al Glaia No. 62 SF 199 141 Please find enclosed memorandum of in opposition to motion to dismins points and authorition copy has been mailed to Brobeck Phleger ^ Harrison Very truly yours BRUNER & CHANDLER Steph^'n M BMC 07 Enclosure CC Brobeck Phleger & Harrisoa 111 Sutter Street San Francisco 4 California Chandler tags dae - emcee Seta eae Looe ee a ee re a ee a i ne : Fr cet wots at a denen ebicntainSt wie ia S.8 seers. aC aay KH BD Y ' &@ @ @wt BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF eo THE STATE OF CALIFORNIA CLAIR NO 62 JF 199 141 KDWARD KIYER Applicant Ve PLANT RUBBER & ASBESTOS COMPANT et al Dafendants } } a ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN OPPOSITION TO } NOTION TO DISMISS } ; } FACTS and Applicant testified at the hearing on February 28 in soever to the written interrogatories submitted 1963 that 100 of his total working tise while employed by defendant PLANT RUBBER & ASBESTOS WORKS was devoted to work involving new vessel construction an opposed to work involving repairs to vessels ARGUMENT Defendant PLANT RUBBER & ASBESTOS TORES argues that the ase of results Calbuck v Travelers Insurance Co. 370 U.S. 114 1962 in the legal conclusion that the Federal longshoremen and Harbor Workers Compensation Act has exclusive jurisdiction where an seplayee works oa new construction involving vessels Davis . Department of Labor 317 0.8 249 unde im etatedest, thigh he Federal ^ctcan be ional Oca ne oe 50 11 ceted eat & |. applied only if recovery may not validly be provided by 3 state law compensable and that under the Calbeck decision the injury vas under the Federal Act therefore the implication to wm be drawn is that the injury Such reasoning is specious was removed The result from that the state defendant covorage would 6 imply is clearly not the In the first place result intended by the the Court in the Davis Supreme Court case did not 8 grant recovery to the applicant under ground there was no possible recovery the State Act on the under the Federal Act The Calbock case recognized this when it summarized the Davis 1 decision by saying The result Ta the Davis case that compensation afforded under the State let7 was not predicated the ground that the employment was maritime but was on local and so outside the coverage of the Longshore- 1414 men's Act Rather the Court vievod the case as in a twilight zone where the applicability of state law vas extremely difficult to determine and resolved the doubt of course in favor of state law At the sume time the Court indicated that compensation might also have been sought under the Longshoreman's let and th"t an award under that let in the very sama Circumstances would have been supportable supportable , Emphasis U.S. at . 128-129 . , Secondly the Court in Calbeck v Travelers Insurance Co. supra expressly holds that eee To conclude that Congress used the phrase if recovery may not validly bo provided by State las in a sense consistent with the delineation of coverage as reaching injuries occurring on navigable waters By that language Congress reiterated that the Act reached all those casos of injury to employees on navigable waters as to which Jenson Knickerbocker and Davson had rendered quesstionable the availability of a state compensation remedy Congrass coverage of the Act all such injuries under Whether Whether or not a particular particular one was also within within the constitutional resch of a state workmen's compensation constitutional Emphasis added state U.S. 126 127 This specifiu bolding of the case hardly indicates an exclusive jurisdiction The Court then continues our previous decisions under the Act are entirely consistent with our conclusion citing Davis v Department oes a, and Avondale Karina Waya Inc. af Sk ane a CL oe eo ad wwe ASAE eer* os e + BH v. Henderson 346 0.3 368. In this latter case the Supreme PD Court granted recovery under the Federal Act The Calbeck OL 3 decision in commenting on the Avondale case stated at page 129 mae there compensation at the same tine since the injury did in a physical sense occur on land is little doubt that a state applied eo act could have been to it ; 3 indicates Finally the Calbeck case that in this type of case the applicant may look to either the Federal Act and the state act for relief and possibly to both in some instances 2200 Bance the court said 112 We hold that the accoptance of the payments does not constitute an election of the resody under state law prouluding recovery under the Longshorunen's Act Nothing in the statute requires a contrary result ^ ndve agree that the circumstances do not support a finding of a binding election to look solely to the state law for recovery Emphasis added 370 U.S. 131 FRACTICAL EFFECT -. ^side from the presumption of constitutionality in cases arising under state statutes Davis v Department of Labor supra whereby the applicant is allowed the state remedy and |. { the many many cases which squarely hold that state workmen's compensation were constitutionally available to vorkers who vere engaged in new ship construction the Courts and Congress bare consistently attempted to make it easy for the injured workman to secure recovery for a borderline injury without having to gamble on the forus he chose Hence the Davis case formulated the twilight zone theory which theory has not been formulated by the Calbeck decision The employees should not be at the sercy of uncertain expense and delay of fighting out in litigation whether or not their borderline matter is of only 28 state or Federal concern The most practical effect for the employes rhon all acts are designed to protect is to be able to bring his borderline case in either jurisdiction mane ert e & ~ these pm The Calbeck case provides for double jurisdiction in Bw borderline cases where the state has constitutional recovery for the size injury The federal remedy is not exclusive for ee injuries involving construction on new vessels It is f2 fully submitted that the motion to dismiss respect- should be denied @ Dated March Zo 1963 4 e Ae @ o 2 taci haan aici 53 or Bo 7% pe we cepa eee ot = eral 8 we ae te eae o oie i. = & . ose: ppt wo "ty , ' Lae ~ wt TRIAS Wes wn et PECL = eta ECS nee ys. we ecm ort Et eee aya eet etn af: ak ree Oty Se oe eS ae Derrep Syaaat:% py x aes - aR - jeweler ie tee BeareArapapheosetX te os. tt ay miele ; ; rd 1BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA as non s+ CLAIM NO SF 199-141 EDWARD MEYER - Applicant LAZERSLAZERS OF MENGHAS FILED 7 PLANT RUBBER & ASBELSUTMOBSERWCOORMKPSANY VIANC NALR. SJ.DAKULPEPS et al \ Se Defendants 10 TRANSCRIPT OF APPLICANT'S TESTIMONY ONLY tak REFEREE A. H. NELSON at Oakland California on 28 1963 Elias Morafka Hearing Reporter ary 13 represented APPEARANCES - Applicant present & Chandler Bruner Minder Chandler Esq appearing 14 Plant Rubber & Asbestos Company E Brobeck Phleger & Harrison 15 Bennett Esq appearing 17 State Compensation Insurance F James J. Vonk Esq 20 Industrial Indemnity Company and Americ Indemnity Exchange by Kevin Kevin ers Insurance Company Esq appeari NaS A. CNAra meets Aetna Casualty & Surety Compar Detert Moran & Sedgwick Esq appeari Edward L. Beggs + gah tay mes Pacific Employers 8383 ie ve a" Mullen & Filippi Insurance William J. f ~@ pete eoe e. id ar hen Barnstate snatan2 + e.* . Ti eest. are MaTlye:a.Wraerd, . recy cam aadtepue mee ee te i Pointe wt ote ee Tome eee sanidersano sues(ie aWhe oe eat Mo, owgTresae mW ae er ce ret Sore el ape bee ie The a let eee Etwe et n plan ge et OP a 1 woe ore Pont gs 7! ee eee tl. att et oe ibeatten inte 2 4 . 4 - 7. aan aloes ar wn Tee Ble . aed Sea eo nM . DER : - F Q de : epee cated Mar 3 a4 EDWARD MEYER ' , _ 2 Applicant being duly sworn testified as follows Your Meyer 3 _ REFEREE Q name is Edward is it ; 4] A Yes sir - 68 Q You are the applicant in this matter 6 A Yes sir ot. 7 REFEREE There's no objection on the part of counsel , 8 if inquiries are made 0: - MR CHANDLER|No. _ a . 10 MR BENNETT Q Mr. Meyer referring to the period 11 1943 and the first quarter of 1944 you worked for Plant 12 Rubber and Asbestos Works is that correct we 13 A That's right : type work nature the of 14 Q What was the general of - 15 that you did during that period . 16 A I went in as helper : wo : respect 17 Q Helper in what oe 18 A Well in the asbestos business I was mixing mid materials 19 and to take to the mechanics and ~. 20 Q was that the general substance of your employment 21 during the entire period with Plant Rubber and Asbestos | 22 A No I was a mechanic I got on the tools and 23 | 24 26 started putting material on pipes and covering boilers Q Was this entirely installation work was this 26 ach cts 6 eeFS tae combine ote . a -.e aote, no re ewe erage s> ickens aren ' ek lee ce ely wdlen ei ten he e Naes a pamee Fe eet a ee eee eh ok a th a ake attg ke eR eas rai " Cotes . a40 No it was all installation work Q Was there any cutting that took place a 3 Oh yes I out a lot of block . ew QWhere were you employed during this period with a Plant Rubber and Asbestos what different plants or areas . did you work in A At the Moore Dry Dock Company | 7 Q At the Moore Dry Dock during the entire period A That's where Plant Rubber had its practice Q Where did you work in the in different locations 10 the plant or different - | . 11 _ A Different berths wherever the ships were 12 > Q And I take it the bulk of the work or all of 13 it was work involving ships this was during the war 14 is that correct .- . + -.- 16 A Yes that's correct : 16 17 18 Q During the entire period Plant Rubber and Asbestos Works asbestos industry in relation to Line Rane ee eae ~ That's That's right all ships of your employment with you were employed in the ships and navigation & . 20 REFEREE Well he was asked whether they were ships 21 in navigation by that I understand you to mean vessels 22 23 25 that had been commissioned and were laying in for repairs REFEREBEENNETTminute MR BENNETT REFEREE That's right that was the question so e that _ minute now -- rh 43 and the first quarter of '44 PO Sie ee oeee ee ott 2 oo tye wor * aa toe a Pa BN sean pee 5 cb aig, apr tie pete as Ae ts Se ered ie Recess a ae foruae Saare== ' eae Be ates oo . ; ; termaerare or a a : 0 Nyce orem Lan) a . . ~~: eee. oe eg imate een WN Be = ete ee vote re Ss a) wll, wet a a26 -. oe aren See ae Ee se"2. rae VemPhan ere a mete Bg Pee ya ; '; * e . e * -e . . : 7s A was doing all new it was all new ships for Asbestos work Plant Rubber and eo * you Q But don't -= one REFEREE You mean ships under construction A I mean under construction they were building themthem . | Q They hadn't been out to sea then - A No no | under 8 They were just construction * A They were making these new ones 20 20 MR BENNETT Q I take it that the entire period of time that I referred to that you were working at the dock working on these ships during the construction was right 13 1114 15 near the launching site is that correct A. Yes at each dock there's a boat and they had crews on different ships . REFEREE Q Did you work on the boats themselves or 1917 shore both places| 18 A On the boats themselves . 19 MR BENNETT That's all I have Mr. Referee 20 20 REFEREE Q The ships were not in drydock then ; pe 21 I gather _ cL . A Noi no they were building them After they come putting off the keel buibuilld d and then started they a)AX TERS water 24 pipespipespipesin, hot water water FteeSt!eng pe, steam pipes high pressure botles 25 steam in the and jkulate them 22 jkulate 26 REFEREE other questions: on this line or otherwise a, Oe | ; other J Ue. ay me hs ta oes . MW Po Se - ete eee oe _ ' ne 7 e. . seers atin an : as ree eR on . : als ern . PO - mete 1 MR CHANDLER Is there any question as to jurisdi^- : 2 tion Mr. Referee 9-2 3] REFEREE That hasn't been raised as yet 4 MR BENNETT Yes I raised the issue and I also 8] intimated that this had -- that this be dismissed as to 6} Plant Rubber Works under admiralty jurisdictionMr. . 7 Referee I submit that it doesn't matter whether the ships 8] had been commissioned and been in navigation - The fact " that he was working on ships during all this period on the 10 dock side -- ne 11 REFEREE You are I gather relying upon certain 12 recent decisions by the Supreme Court are you not 13 MR BENNETT Yes I can't cite them at the present 14 time but I'd like to make a motion for the record 18 REFEREE I'm going to take the motion under advise- 16 17 ment with the request that both of the briefs There have been so many views parties submit expressed judicially 18 in the part that I think that even in the profession there 19 possibly is some misunderstanding as to what the demarca- 20 tion is between state and federal jurisdiction so far as 21 maritime affairs are concerned and I'm not aware of this 22 latest decision that you cite and in some minds at least 23 it hasn't served to clarify the picture which has been a 24 troubled one as you know for many many years But at | think 25 any rate I tg BRIE 28 if it is your Rian fons, invite you both to submit briefs Pproceed against this company Maree Lo . . . Space . Lees ene ne aN, ye! Tye we re. DOES wanseams * 7 gente = ie cape apdnnpwi ien n ehete Mig fl oe MR CHANDLER It is Mr. Referee and in that | connection -- N REFEREE I will ask you to do it before it comes ee on for hearing so we may rule upon it and in the event event event -- B well we may rule upon it and it's possible that thereby | B 23 eo eo 11122435 20 20 you can avoid making an unnecessary appearance MR BENNETT Fine thank you Mr. Referee a MR CHANDLER Could I direct a couple of questions to the applicant in regard to that | REFEREE Sure certainly | . MR CHANDLER Q Do you know whether or not these |, ships that you worked on were commissioned at the time that you worked on them do you know thatt oe insulation A I don't know all I know is we did the Q When you went in to do the insulation was there them any insulation on before you went in to do it A No. . Q You were doing new insulation is that right i. A We were doing all new work yes Q Had the vessels come off the ramp --_ 22 182 25 20 Pens at SARY 6-813 Pime '5 OEE $i that nevertheless it is not cH true isn't that Mr. Bennett Bennett of a we eee ON ee a ~ ae eS tes ie, ed gore reer aay Se ee A. a ieeePre oeveer ae: iggecieo cea Ser at a cit Lane Phe, me ibe onan moves @> . 6 e ? e * -taninen eeeetereal nye the late Fam Frahm wan wee FY eae * Neat ee : pw cases these vessels have not been commissioned | MR CHANDLER All right I have no further question 3 informational want REFEREE Any to make for other lines of inquiry purposes that you might I have in mind a that you might want to investigate before this next . @ hearing with respect to the period of employment or 7 otherwise or even as to the general nature of the work 8 MA VONK I would like ... Q Mr. Meyer when you worked in this asbestos for 10 industry was your work generally always the same - the 11 various employers or was it different you could 12 A It was pretty near the same I mean ' 13 cover steam lines steam returns supply lines boilers in 14 high schools and hospitals and wherever they are building 16 it's all construction work - | a 16 16 Q In other words whenever you were doing this you | 17 were covering steam lines and boilers is that it any that 1919 A And all pipes refrigeration 19 19 to be covered pipe called + pipes covering boilers 2085 Q Covering and right 2121 A That's | |. Co 22 23 2323 REi FERRtEedd Rica 2626 Ntohe.baRubber 2626 Q That's for all these different employers REFERRE except for A No. right Pe. $4-oedo any more Plant eait wes a> => '>. EoEttLA;Y Asbestos s left Plant work on ships Rubber and 06- at ae eee . Engineering _ 1 Asbestos I went to Vanarsdale that United . 2 MR VONK Q What did you do for ta hea m n tt boats s A It was insulation ne & Q On what = A 5 Q For VanArsdale A Yes . el Q it same kind Was the of work you did for Plant , 7 Rubber A The same kind of work spi. MR VONK I will that joinin motion nnow ow as to Van Arsdale a me es,s dis- 9 * : 1 7 pow in the motion for join 10 REFEREE That is you 11 12 32 32 18 16 reference missal or you make a similar motion for dismissal as was tte in made by Mr. Bennett to VanArsdale MR VONK Yes air _ | words REFEREE The same ruling In other the yourruling and will be deferred I would ask that you submit and authorities if you will do so gentlemen within points the 17 18 19 - 20 " rule next two weeks so that I may upon it Asbestost Q in MR VONK Could you tell us what you did for Western A It was -- I was out the field Western Asbestos then I mean was over when we were w- the war was on -- I left VanArsdale -- re I mean the war oe, ean. 7 ne Bcd EALS a bak: EALS Q It wan't on ships all A No no ship work at after time REFEREE Q No more ships eo that for Fiberglass and =Fiberglass . A Yes in '53 - wae Ge SOD Terme ete ct pm iti a Ee49RP1naanportsshat giLnies itner . aP ue aew fi .flae * . seis cee: oeate fl fl wifl me ee aa oeneil +a, erA neataormene WO aoa ee 3 #1 Supply very 1 Engineering and not much ship work . ^' 2 Q too Did you do other kinds of work with asbestos 3 aside from ships for Fiberglass Engineering | 4 A All construction work on the outside yes Just . - 8| for overnight ee . - 6 Q Just one day A Just one day y| ea - 3 7 MR TWOHY Q Just one day ship Fiberglass never a A I mean on the for work I . . 9] worked on ships at all . Fiberglass working day while ships 10 Q Only one on 3 9 for ' 11 is that correct 0.02 ot en 12 A Yes I was only -- it was always in the field 13 13 I mean in the field I mean in San Jose Los Gatos or 14 14 Chico or wherever they sent me 15 16 17 18 19 20 21 22 Pe | aS ty REFEREE Any other inquiries MR CHANDLER Q When you worket for Arsdale on the ship did you work continuously on the ships or did you work out in the field ' mo ee o- A No thatwas continuouslyonthe ships | REFEREE Any other questions in reference to his past employment history - a sso MR TWOHY Q Yes other than the work for Plant Rubber and Asbestos in '43 and 144 and VanAradale and the y's carerear anes! - eo eS hte * on. ee eS a -: . Soa my -~ ee hr Nee Sm, AA vemtne~-* @ tite . ae . r. ots. trys mem ee ce A Pde te Be - : 7 ee woe aA ee oe - geet pewterg: Sash, beans "one Joe oe teewaee w . vitae ao bien eri caer persweSee peeelicafb grenge eql e ias de Weare Pome ap Pe#3casaDatesieee = fresh Fh eeteee omen ee i . . y = . . oe ; * . o ry e . . . * . a . eo . =. . . ut . : = epi roa - : boats HM A No I haven't been back on = . BD MR TWOHY|Thank you mo Do , &' REFEREE We have at least one question here in &@ regard to the identity of the employer with respect to @ this man Kupps Is there anything about that situation oo @ that youwant to inquire into 7 MR VONK : If you will get me a copy of that name 8 you know that social security record I will check that that REFEREE : You will out that 10 check aspect MR VONK Yes aacuae : ; of it ae c a 12 12 13 1314 16 BEGGS question MR applicant I have just a two of the or e On the jobs for Fiberglass Engineering and Supply Company what materials were used on the inst ae sulating jobs there - --- 16 A Both eighty percent magnesia and fiberglass 17 Q Thank you Was that eighty was that magnesi 18 and fiberglass together or does the eighty percent oa " 19 refer to one or the othert ae 20 A don't understand you 21 Q Well you say eighty percent magnesia and Ciberglass A No it wasn't mixed together I meant aas percentage } ee And which of either one of those _. could you give us was it fifty rt. mEaStePrialsWhen I worked for them it was mostly eighty -9- em - ee Sears - : = ele dees wee 3 a ro eBm ge e ee: + neo, Firings pean ee ietate valsae ialsh erp. pie ; - xa 1 or a'ke eh at Hees77.+aCA se patty ta iN aD ea ie TL sept late hat bale Tene pan ee as a ee nee ape Sa PRR oo. : a a aes cae : oe a Selrasiee wins or a at see ee seets ot seat R Benes ee eo Aa ve ao ee a3 [ro wn soporte . 8 - 7. e . o se e 2 3 : - i percent magnesia They were trying to get fiberglass out 2 + in the field they started the field work when I worked for them MR BEGGS Thank you That's all have Mr. Refere questions 6 REFEREE Anything else - one two 6 . BENNETT May I ask or brief Referee 7 Mr. Meyer you stated earlier this morning Mr. Corporation 8 that you worked a few days for Mundet Cork | 9 on loan from another employer that you were employed by Mundet 10 another company and that they loaned you out to t ot ~ oe 11 Corkt = t . 7 A. Yes are 13 Q Could you give me the name of that employer that e 13 14 15 : 16 17 28 19 Pe PENSATION PENSATION PENSATION Aa PENSATION 20 Ow Y 21 . +539" 4 a? tap fal @# ae 5 { oo... ay +. Ns \ \ Pat s. wa Se. oe} 78) 2a4t;es Boal | oa rs pty. t a tye & r) aF/; " loaned you out so to speak A. I don't remember REFEREE It's a asked it myself Was A It could have Western Fiberglass very good question I should have it one of these companies been Bay Cities it could have been been : recall . BENNETT Q Do you that you went back to the same employer that loaned you out after you finished finished with your job with Mundet Cork I realize you don't remember wonder that the name but I if you could recall that that employer you went back to the same loaned A Yes yes was just out Work was slow fo . that company and they were rushed and needed help and . ae Peented wang ae 26 ~ 2 S18 (nay, 4-699 fi yus .0e c0 ms ame - seasamnen a were loaned out and I come right back again back to our ; -10- cna minented 40 ee aeie le 1e4 ry atl em Se epee Meee eal re edll oi es! . . ae eeeh . feet Sage ee . area . 1 . ao ; en . a : rete AL coal awites tat goneSteg dD = oes es Let a eore rTnetentwe SAAR itor i 2 3] | 5) ry ae ownplant. questions other on other REFEREE Anyquestions history history BENNETT: Q. You stated out a you while you BENNETT Q. stated Dock while Plant were A ever were were Rubber Rubber Pp ever on the Moore Dry Dock Plant MR. was the Rubber iG 8 I That's all to TWOHY 9 MR materials were would to ask P12 you Pl 10 with at 11 was the nature you the ? REFEREE You mean the 12 13 Asbestos ha. . CompanyYes sir, the e last 14 MR TWOHY 15 16 17 18 19 22222 22222 22222 22222 24) 26 26 fortA work work both fiberglas fiberglas It's whatever job you you magnesia it conceals conceals it will specify specify en exposed it would specifies CHANDLER This would hav ha that for Plant Ast As! periods you worked : That's That's right would this als 4 This would -- Fiberg for re that you did Western Fiberg Yes we did both . of What kind work was that that, Oiiv sen tte eg b ven Maal Re heh why i amt e we ean me = Soom aloes des Pree 2 startbe. Pita De so ered wht mem . ae = hope ; ca Tats. me em eee 7) we ono ae cee, tenis eee ar +e . ee Sots Minar celA me on o A Yes installation boilers or pipe or steam work <r hot water supply and return these Q you What kind of material did use the most on jobs as between fiberglass and the magnesia A You mean now up until I was working with Plant Q Right A. would say we used fifty I Just as much mag as used glass REFEREE Q That's on your last job = 3 A That's for Plant Asbestos tS MR CHANDLER Q. When was fiberglass first started - ee 10 business to be used in your trade A That was when Silicair went out of 1140 record 13 Q About when was that A You have it in the there when Iwent there 5 REFEREE You're going to investigate that aspect of it as I understaintd . MR CHANDLER Yes am Before that time am I right to discuss this magnesium was primarily used A Yes primarily with Q This is what you were A Yes working REFEREE Q When you have been referring to magnesia have you been using any asbestos materialt A It's all asbestos Q That's what you mean| A Yes magnesia is all asbestos sae ee - ~- : rte eee wee ee ee ee eho r hen woe, tendon . te La . ind ne edspree titedn ies 2 plant ict i ER ected) ial atl peonlnasplebaaclog trtitiontenicsantealeoperoeuins : . ae . . : e . = . , _ . 3 _7* Teme ee ote : es | asonta!Sebe's oo tr thee eee eaMa tero a mph A Saaias - . . * . ; . . 1 MR CHANDLER Q What kind of material is this is 4 2 a loose material is it tight material or what is the oc a 3 sistency of the material that you were using 4 A The covering that goes on the pipes and the : 6 bollers is a solid material and the mud that you mixed r : 8 Joints and stuff is loose material it's like a powder indicating : 7 There's some samples of the material that's that's ; 8] magnesia N eo ... 9 Q This round cylinder material is this what you 10 are talking about as the solid type 2 rs pipes 11 A Right and you work on any that's over six you you 12 inches you take that take that jacket off and 13 wire it on 2s. : apply 14 Q You take the jacket off but you it 15 A. Yes 16 REFEREE Let's not getinto evidence too much we 17 are going into this in detail I'm glad you brought this 18 matter up If anybody wants to take samples they can take . sample 19 a little | if they think it's necessary 20 A The magnesia mud is in the other bag It's the 21 same as -- it's not molded . ao a. 22 fi REFEREE Any other inquiries in regard to his eea sag iG ndley Qurens tytary a 28h eR pes (BREN employment history Of course . . we get into the hearing itself it's understood that when all of these facts will be developed in detail The only purpose of mypreliminary purposes to {i inquiry here is for such as you might want make .f ae re he . . " ae ; -13- ~~ can wane eee By ate s tod ey Ltd aveasFe eWer Snomaa teptaegetniibes eayncagbicteoneA A REST RTtiE vee ia i ? . . aos iirc , ^'~ oeeeee eed tes a wy ee Nae eg am sort wwe he .y - 7 ae woe mle oo~~ sd A 5 5 mAb, 4 . sine ae aretg SP aN the az : Medians ON LT = ee o4 ri > s myette Teo A 7 of it in preparation of the case ~*~ for kind do 2| : MR TWOHY Yes what of work did you i 3 Charles Ayres Company 4 A The same thing wo, 6 Q The same thing A The same thing 8 MR TWOHY Mr. Referee is there going to be any kind | 7 of a motion entertained for the joinder of Mr. Meyer's , 8 employer at the time that he was loaned out so to speak ~ 91 for the Mundet Cork Company a 10 REFEREE Well the employer has been named hasn't 12 MR VONK | That employer is probably in 23 REFEREE He's probably in " - name : 14 MR TWOHY What was the rr 16 REFEREE off the record = ~~ : 16 OFF THE RECORD DISCUSSION 17 MR CHANDIER Q Were you on loan when you worked for 18 Dreisbach A No I was not | Now regard 19 REFEREE the next question is in to the | 20 forthcoming hearing how soon it is to be held where it | y *e1 "Zs to be held and how much time you want reserved I - SATIC - think we should get the matter on at an early date / RBA Y ee Say MR CHANDLER We would be most appreciative . : cae Sey r Referee =| oO _ NOM AO NOM GES) = REFEREE I think it should be gotten on at an early ES date and by early I mean possibly in thirty days time . _ ~ : if we can accommodate the calendar to it It's easier to get an early date in San Francisco than it is in Oakland Oakland One thing they are rather crowded in their quarters here and for another thing they make up their calendars well in advance but anything that meets with your approval oe . MR CHANDLER If at all possible we would hope would be simply theconvenience of the applicant applicant REFEREE I could make it here but I can't guarantee that it will be within a month but I will try I will do the best I can along that line All right it will be here in Oakland if that is your pleasure MR CHANDLER We would prefer it here REFEREE Oakland It will be in and how much time - shall I reserve one day enough MR TWOHY I would think that would be enough MR VONK I would think so REFEREE I'm going to be setting the case now very shortly within the next week or ten days and if it isn't enough and you have some other witnesses you want to bring days in well let me know within the next ten a so that I can reserve ample time ; yee MR BEGOS I think one day might be a little short onthis Mr. Referee oe rs days day REFEREE A and a two half ample I would think - that should be | MR CHANDLER A day and ahalf I would think ' _- a oe ke sen ene wee oe gm at coer een newt ke at - ae f ast ~ Se alle. " fk ie 5 rs o Seoaue rB.s hanieory ak, yn si2ehgakssciiaiseairhaen atseeia Caer i . D . : ee. ee ine Soe bat BS VO ees sae rence ieae 0 A a ahnhs re iher " e Be! tipag A ae ees Anything and 1 REFEREE I will ask for a day half a . al else now me a m2 | Se * SO 3 MR BEGGS Just a couple of questions of the f. business 3 4 applicant Looking at your employment record Mr. Meyer Meyer insulating : 6] I gather that you first worked in the around a 6 the year -- around 1943 is that right a A - ? Yes - oa ee 8 Q What type of work did you do before that 9 A I worked for Stauffer Chemical Company . | , 10 Q In what capacity . 11 A was I guess you'd call them -- I was classi- | @ | 12 fied as a purification operator It was all outside work oy ot 13 Q Purifying what ' 14 A All I did was run around and readthem thermometers | 18 16 17 | Q What were they purifying A They were making sulphuric acid Q And what other substances were you working in . =. f ENSATIEENSARTIER 19 fe Her GeS lo i Ea yee eet ee ve IPS Vege ee aoe ee Ag Se #8 Bae I2KToL 24 connection with besides sulphuric acide A Oh sometimes I worked around the yard I mean }~ REFEREE Q Any other chemicals that they were manufacturing : MR BEGGS A No not that I worked in Q How long did you work for Stauffer | A About five years I guess Q. Why did you terminate that employment , 28 ^ want to work in the shipyards . 20 MR BEGGS I won't pursue that any farther Mr. wt ae nee oe OT a edCapa Oe ae paw An ene a te ela yt Bech Sconce a re aid : henna . eee ttstwine Sireine Sate - -, dase} oo. . SEES a. . trie Ae sf = aaa eee mo, a eysaay . er an : e es - Referee I realize you just want preliminary questioning one ee one 5 Hearing adjourned oy * + - : . . . e _ S thd , ne oo . . * a . . 7 . . . : ey : 7 se ee ae we wes ve fre Eat ee - . ~ _ - 24 PENS oe COMPEL COMPEL . ~* . - - ft ce ; . : . ' tee iene ee eer oR ee A, oe Smee te eee Pe oy ao os ~ 2 * j 5 CERTIFICATION ; . I hereby certify that the foregoing is 8 transcript a full true and correct 9 of the the proceedings taken by me in shorthand on 10 described date and in the matter 11 on the a 12 first page hereof rae_wo _ vet Elias Morita 13 Elias 16 Official Reporter 15 INDUSTRIAL JACCIDENT COMMISSION y; 2 16 23 25 & we a 49 7 a . sot We .aw* ey eee 3 Nope 4 . ( ty . ceaparsed Sina nnd 2s ee . . . : ~ 2 re hoe ae ihe in Si Pang Kw on oo Live Loe ner rere a wuirs dutta died aii ok rc Sees } BEFORE THE INDUSTRIAL ACCIDENT COMMISSION oe = OF THE STATE OF CALIFORNIA wk a ) CLAIM NO SF 199 141 OF a , @ , . Applicant 7 ; 7 PLANT RUBBER & ASBESTOS WORKS VANARSDALE LUMBER COMPANY INC L. J. KUPPS et al ' Defendants ; if _ 10 11 1 1 TRANSCRIPT OF APPLICANT'S TESTIMONY ONLY _ A. NELSON ary 28 1963 REFERME at Oakland California Elias Morafka Hearing Reporter taken before before on Febru- - APPEARANCES Applicant present represented by Bruner Minder & Chandler Stephen X | Chandler Esq appearing by Plant Rubber & Asbestos Company Brobeck Phleger & Harrison Elbert Bennett Esq appearing . State Compensation Insurance Fund by James J. Yonk Esq 23 24 28 26 | WITNESS Industrial Company Industrial Indemnity Employ- Indemnity Exchange and American Employ- Insurance Company by Kevin R. , EEssqq Aetna Casualty & Surety Company by ; Sedgwick Detert Moran & Arnold Edward L. Beggs Esq appearing | Company Pacific Employers Insurance J Mullen & Filippis William J. O'Neil J Esq appearing . Edward Meyer a i FORPTND -7 -7 23 1053 . a ~ , 133 133 133 133 | Applicant being duly sworn testified as follows wow, Meyer REFERRE Q Your name is Edward it is mfi A Yes sir _ Oo applicant Oo Q You are the in this matter ) I 8 A Yes sir - 7 REFEREE There's no objection on the part of counsel 8 MR CHANDLER NO | re 10 MR HENNETT Q Mr. Meyer referring to the period 1943 and the first quarter of 1944 you worked for Flant _ Rubber and Asbestos Works is that correct | a A That's right . . | 14 What was the general nature of type work Q. that you did during that period A went in as a helper the of | . 17 Q Helper in what respect 18 A Well in the asbestos business I was mixing mi^ and to take to the mechanics and materials , Q Was that the general substance of your employment during the entire period with Plant Rubber and Asbestos. A No I was a mechanio I got on the tools and Q Was this entirely installation work was this entirely in installation during the period I referred to or did you do any manufacturing . 134 134 Py) ee ese. a weft ore ne ae ec tS) wee . a ee _ ad reates.eb. f +b be ae ae ox aed wate ~.ee ar ee es we cee ee ore roa Orne were 1) onon ae 63 shee th ate 7 iat Seely fa Se ad rd 7 wwe . sot Sn wee we coh a ao . i . re 3 . . . a: = . we ee a - hae, e ee Feet NaeeS wy : ere -J greene Q et garee] *, . an ye - perae. @ EB A No all it was installation work 2 Q Was there any cutting that took place &| A Oh yes I out a lot of bloak se : Gh with Q Where were you employed during this period Plant Rubber and Asbestos what different plants or areas = ss 6 did you work int At the Moore Dry Dock Company entire period 4 Q At the Moore Dry Dock during the . oo A That's where Plant Rubber had its practice Q Where did you work in the different different locations in 110 0 the plant or different -- - wherever 111 1 12 1313 involving 14 A Different berths the ships were Q And I take it the bulk of the work or alolf it was work ships this was during the wary is that correct- 14 18 A Yes that's correct Q@ During the entire period of your employment with Plant Rubber and Asbestos Works you were employed in the - wi , asbestos industry in relation to ships and navigation Saata a0] } A That's right all ships REFEREE Well he was asked whether they were ships api in navigation by that I understand you to mean vessels | that had been commissioned and were laying in for repairs | MR BENNETT That's right that was the question REFERKE Q Was that sot 26 20 For 13 A Yes Wait a mimte now -- quarter 1447 Q. and MR BENNETT In '43 the first of L . : mye Lf aS ot | ' . ae yy : cb weed 8 cteedwadt , or . _ res ar ane soe on atsTey geting C gr . SA iatsh iaie a RCS, Ae zt, aY.Eshale, Ee et 5 wT wen nN - * * woe ye 7 we . rete Bla Bee TD emhatn seta. | pedeee ha eh. ee . = eee ae sree hs get re eee , 2h Wwe et us open roe ee ot tet e t tte ee oh fr... Sat tet ar t a rt ae eM Te - elo eas . SS Arai ane Or hath eo aa oe an te ee . 2 - rite : ean Dnymye. . . ' * . eo eae ee . tee Z owt pores a beaer * oe ee ee per] & ete ships 1 A was doing all new work it was all new fo 2 Plant Rubber and Asbestos ee & Q But don't REFEREE You mean under construction | Ame ships A I mean under construction they were building ther @ Q They hadn't been out to sea then A O23 Q. They were just under construction eo A They were making these new ones the entire MR HENNETT Q I take it that . period of time that I referred to that you were working at the dock working on these ships during the construction was right 13 near the launching site is that correct ; 14 A Yes at each dock there's a boat and they had crews on different ships boats REFEREE 1720 places shore both Q. Did you work on the _ be ae as themselves or A On the boats themselves - ene MA HENNETT That's all I have Mr. Referee REFERKE Q The ships were not in drydock then he, - et . esuva* 24 26 Poeun 0a 26 ve i> A No no they were building them After they came off the keel they build them and then started putting pipes in hot water and supply steam pipes high pressure steam in the boilers and we'd insulate them | REFERKE Any other questions on this line or otherwise 3 136 . . eaten #, woe eg:rantPuy hd ye . . . 7 . . roa 4 Pye oRminraneaay question MR CHANDLER Is there any jurisdi^- 2 tion Mr. Referee | ot as to 3 REFEREE : That hasn't been raised as yet 4 MR BENNETT Yes raised the issue and I also 5|- intimated that this had -- that this be dismissed as to 6} Plant Rubber Works under admirrity jurisdiction Mr. 7| Referee I submit that it doesn't matter whether the ships 8 had been commissioned and been in navigation The fact he 9}; that was working on ships dook during 10 side <. all this period on the ; . 11 REFEREE You are I gather relying upon certain 12 recent decisions by the Supreme Court are you not 13 MR BENNETT Yes I can't site them at the present 14 time but I'd like to make a motion for the record 15 REFEREZ I'm going to take the notion under advise- 28 ment with the request that both of the parties submit 17 briefs There have been so many views expressed judicially 18 in the past that I think that even in the profession there 19 possibly is some misunderstanding as to what the demaroa- ENSAENTSAT tion is between state and federal jurisdiction so far as TLieNtEeRALatehstaritime Latest Latest affairs are decision that concerned and I'm not aware of this you cite and in some minds at least on : 34i athasn't served to clarify the pisture which has been a Ps Ss troubled troubled one as you know for many many years But at | SSE 3s: any both 26 rate I think I should invite you to submit briefs if it is your intention to proceed against this company 2 2ac onee oe ee oe le tee liax m epeeSORE eth. { . Pootv , e bd te ra . te " - gt te . C ee . a we . oat . aaa ee ng OE ate net gprSerey was bert ve babe ad ~ Wart MR CHANDLER - It is Mr. Referee and in that he connection -- _ . we REFEREE I will ask you to do it before it comes on for hearing so we may rule upon it and in the event oe well we may rule upon it and it's possible that thereby @ you can avoid making an unnecessary appearance NY MR HENNETT Fine thank you Mr. Referee @ MR CHANDLER Could I direct a couple of questions o to the applicant in regard to that 10 10 REFEREE Sure certainly 8 11 MR CHANDLER Q Do you know whether or not these 13 ships that you worked on were commissioned at the time 13 that you worked on them do you know that | insulation 14 I don't all I know is we did the know 16 116 Q. When you went in to do the insulation was there any insulation on them before you went in to do it | Q You were doing now insulation is that right A We were doing all new work yes Q Had the vessels come off the ramp REFRICE I don't think that's the ground of the | Spotion for dimissal I think counsel concedes that but the position that he takes is that nevertheless it is within the state Jurisdiction isn't that true Mr. Bennett Bennett MR BENNETT Yes we concede that in many of these kM uw he @' @ @nN ' 13 15 18 17 18 cases these vessels have not been commissioned MR CHANDLER All right I have no further question want that REFEREE : Any other lines of inquiry that you might to make for informational purposes I have in mind you might want to investigate before this next , hearing with respect to the period of employment or otherwise or even as to the general nature of the work MR VONE I would like to Q Mr. Meyer when you worked in this asbestos industry was your work generally always the same for the various employers or was it different | A It was pretty near the same I mean you could cover steam lines steam returns supply lines boilers in high schools and hospitals and wherever they are buildings . it's all construction work | Q In other words whenever you were doing this you were covering steam lines and boilers is that it A And all pipes refrigeration any pipe that called to be covered = . : Q Covering pipes and covering boilers . A That's Q. That's } employers REFERER right -what you did for all these A That's right did you do any more different work on ships except for the Plant Rubber and Asbestos A No. Well it was -- I left Plant Ribber Biki -- 139 Pe cee. ee C A sande acca sdb cra,ioi ro aiasae wel Oe jederian wore ae a SO nt ety sips So"sar seeadbeasans eee i ee bye | oe . Gi C eanet eS oe ae a etic atesSe FS eeeoe Mey Tis aid) emtmane oC: : N. . Sieben ee > ee ee: ee ee 8 1010 1 11 12 Asbestos I went to VanAradale MR VONK Q. What did you | that United Engineering of do for them A It was insulation Q on what A On boats 7 Q For VanArsdale Yes Ff Q Was it Rubbert MR YONK the same kind of work you did for Plant , A The same kind of work | I will join in that motion now as to Van REFEREE That is you join in the motion for dis- ; missal or you make a similar notion for dismissal as was - made by Mr. Bennett in reference to VanArsdalet will MR VONK Yes sir . REFEREE The same ruling be deferred and I would ask _ In other that you | words the ruling submit your point eae 5 amnads you rule for iy authorities if you will do so gentlemen within two weeks so that I may upon it SeMR VONKI Q Could tell us what you did Wester Foow 349 apay, ath j I mean Q. It wan't on shipst A No no ship work at all REFEREE Q No more ships after that time A Yes in '53 for Fiberglass and - Fiberglass 1 Engineering and Supply not verymuch ship work aon 2 Q. Did you do other kinds of work too with asbestos construction Just s aside from ships for Fiberglass Engineering &fi A All work on th*e outside yes rs . an : ; Q2 for overnight | @ Q Just one day _ A Just one day yes MR TWOHY Q Just one day . ont Fiberglass A I mean on the ship work for I never Fiberglass eo : worked on ships at all Q Only one day on ships while working for Fiberglas is that correct . oo B a oge ; A Yes was only -- it was always in the field 13 I mean in the field I mean in San Jose Los Gatos or pee She 14 Chico or wherever they sent me inquiriest REFEREE Any other 16 MR.CHANDLER MR.CHANDLER Q When you worked for Arsdale . 17 on the ship did you work continuously on the ships or did oe 1818 you work out the field a 19 A No that was continuously on theships REFEREE Any other questions in reference to his aRg2aeaiteeat Ss past employment history ~\ MR TWOHY1 Q Yes other than the work For Flant L ae is Rubber and Asbestos in '43 and 144 and VanArsdale and the 1953 -- then no day in for Western Fiberglass is it that you did ' other . weet wate . us te, ay nae ae ee | hessteht:are ater e : k - as Doane ates ~: aaah pasrnretar: ieee q ee meh ae cen 7 otehPa cane "See cane at " . -. . : : ty eos ro ns ise atv, Stars teeaw taal es nae . : : _ : ~ C sntenrsree ad -. ee ieee. - 9 tevpk Tt fe 2on eeA wie a NaS bin y Yd) . . : wa , ._ - r ] _* 76 + ' od . been back on 1 MR TWOHY haven't 3 question 3 is youwant 6 7 that social security record out 8 posts. A A T haven't been | REFEREE REFEREE have you regard regard the identity of this this Kuppa Is there you one here in one least question here to employer employer with respect inquire that to into . VONK If you will get me a copy of that name, name , ; MR copy of you know will 8 security F aspect 9 | right away REFEREE 20 -_ will You check out that of att | . @ question Engineering EXGGS MR I have just a or two of the - 13 the jobs for Fiberglass 13 applicant Q on were used on in- Engineering .|. and Supply Company what materials 14 SATION Thank percent magnesia fiberglass a sulating jobs there 16 fiberglass A Both eighty five 18 that eighty that magnesia magnesia Q you Was does does eighty percent | fiberglass together foSe rae pee: oe ae SINEfiberglass those meant a 9K :, 23 24 you A don't understand : percent magnesia and Q Well you say five No it wasn't wasn't together together meant was magnesia it Q. all it was all fiberglass fiberglass could which percentage either either of those materials feiighftytfyive worked was mostly 25 it fifty worked worked us was When 26 When T them it A a8 \aQeepeErnenarrs aes 4 oF sees eC 1 trying fiberglass out percent magnesia They were to get H in the field started the field work when I worked they ~ for them awn MR BEGOS os Thank you mo That's allI have Mr. Referee | ae REFEREE Anything else e@ . BENNETT May I ask one or two brief questions 7 Mr. Refereet Mr. Meyer you stated earlier this morning | 8 that you worked a few days for Mundet Cork Corporation another Mundet were by 6 loan from another employer that you employed on out ; 1010 company and that they loaned you to RE. 1112 Could Q you give me the name of that employer that , loaned you out so to speak I don't remember REFEREE It's a very good question I should have aske~ it myself Was it one of these companies A. It could have been Bay Cities it could have been Ae i Sag 4 oP hs Se hy aie Nestern Fiberglass 73 ce, : the finished ar MR BENNETT Q. Do you recall that you went back to same employer that loaned you out after you +g] with your job with Mundet Cork I realize you don't 22 remember the name but I wonder if you sculd recall that 23 24 25 | 26 | you went back to the same employer A Yes yes I was just loaned out . Work was slow for that company and they were rushed and needed help and we were loaned out and some right back again back to our sahara. i es Ae : tent a es 5 a4 Cane PALS a ead teat Sea earn See pipe re ee Py nelten tee Pe es, LY eee as te . by OE ee ae ets Lath Se | I own plant - REFEREE Any other questions on the employment 2 history MR BENNETT Q You stated you worked at Moore Dry . Dock while you were at Plant Rubber and Asbestos Works @ were you ever on the Moore Dry Dook payroll payroll A No I was on the Plant Rubber MR BENNETT That's all . ask MR TWOHY I would like to also what kind of | - . Asbestos materials were you working with at 11 nature of the materials was theREFERER You mean the last Plant employer - 1 12 Asbestos Company what the Flant MR TWOHY Yes sir the last employer you worked . fort A You work with both fiberglass and you work with magnesia It's whatever the job you are going on specifies specifies 4\ If it conceals work it will specify fiberglass if it specifies exposed work it woul- d specifies through MR CHANDLER Q This would have been all = LEGS) periods that you worked for Plant Asbestos A That's right _ . Q This would -- would this also be true so far as the work that you did for Western Fiberglass and Supply Company A Yes we did both Q What kind of work was that installation or -- -11- whe dip fen in 0 OP mm ope yO ee t e aD Sgt a ame . y q n ~ ae Se ororen : eee kee Aa M ete awe re z; fet sre, is ate ae = se Soe - on ' work A Yes installation boilers or pipe or steam 2 2 hot water supply and return S Q What kind of material did you use the most on &fi Jobs as between fiberglass and the magnesiat om A You mean now up until I was working with Plant ? @ Q Right A. I would say we used fifty Just as much mag as I used glass HEPEREK Q That's on your eo. lastJob eo A That's for Plant Asbestos - fiberglass MR CHANDLER Q When was 10 1111 to be used in your trade oF first started . out business Silicair 1212 l A That was when went of : | 13 Q About when was that| 1324 A You have it in the record there when I went there 15 . REFARRE You're going to investigate that aspect 16 of it as I understand it . .. MR CHANDLER Yes I sm Before that time an I ight to discuss this magnesium was primarily used A Yes , \ Q This is what you wereprimarily working with REFERER Q. When you have been referring to magnesia sdb have at you been using any asbestos material 24 A It's asbestos 26 26 RS 4-61 Sa Q That's what you meant asbestos all A Yes magnesia is . -12- 145 rr er PC. cae ee wo 4 . . : = oa . - aa . . Wis nte, wreswettnarnrci eniefersc ntcnah wie EE names reheat + od 4 "wo serra ee srthipeet ee, Peem4 ee ri amieet La eo aed TSR et ceefy : Pel wet. Means ees Pr +4 os A Ls ated a Uren a, itt tae e,e ae PLN Pe tad . Mas oes bere:o tsnea tea i an - rePa a e Cr eres . ape bea pe ~o9 ceenede ean mows ates TR git aoe t u et . ? : ' 4 1 MR CHANDLER Q. What kind of material is this is it tight con- 2 a loose material is it material or what is the | 3 sistency of the material that you were using &fi ___ A The covering that goes on the pipes and the @ boilers is a solid material and the mud that you mixed for ' Joints and stuff is loose material it's like a powder samples indicating 7 There's some 8 of the material of that's 2 Q This round cylinder material is this what you oe the are talking about as solid type that's six A Right and you work on any pipes over | 1112 inches you take that you take that jacket off and you 113 3 14 Q. You take the jacket off but you apply it 14 REFEREK Let's not get into evidence too much we 1617 are going into this in detail I'm glad you brought this 1818 matter up If anybody wants to take samples they can take 19 a little sample if they think it's necessary A The magnesia mud is in the other bag It's the mS SAGE 28 it's not molded REFEREE Any other inquiries in regard to his employment history Of course | i we get into the hearing itself it's understood that when all of these facts will developed in detail The only purpose of xypreliminary inquiry here is for such purposes as you might want to make -13- 146 146 ~ @ er . 2} of it in preparation of the case . a oe mo,oe what for 2 MR TY HY Yes kind of work did you do o Company 7 3| Charles Ayres r A The same thing 7 Doe 6 Q The same thing A thsai me n thigng 8 MR TWOHY Mr. Referee is there going to be any kind of motion entertained for the joinder of Mr. Meyer's 8 employer at the time that he was out loaned so to speak for the Mundet Cork Company ; ; 10 REFEREE Well the employer has been named haan't 12 23 14 15 MR VONI That employer is probably in a REFEREZ He's probably in - ASS - name MR TYCHY ' What was the REFERZE off the record cs 16 17 18 OFF THE RECORD DISCUSSION . MR CHANDLER Q Were you on loan when Dreisbach | A No I was not _ worked you | for REVAZIZE Now the next question is in regard to the forthcoming hearing how soon it is to be held where it ih to be held and how much time you want reserved I on aa}think we should get the matter on at an early date . 's a MR CHANDLER We would be most appreciative a?oe ae eat . . : . a . "0 HEFEREE I think it should be gotten on at an early 20 date and by early I mean possibly in thirty days time -14- tO ae 8: wr we wr 147 147 aani +  : ee -. ro mT. re vee gee . . . = dove. rate ar^'er neWight se'r gt a. Rie ze -- mae wel mest ayph ote. aa W W W Ea if we can accommodate the calendar to it 1 It's easier 2 get an early date in San Francisco than it is in Oakland S One thing they are rather arowded in their quarters here and for another thing they make up their calendars well 8 in advance but anything that meets with your approval possible @ MR CHANDLER If at all we would hope it would be here simply for the convenience of the applicant fi@2N REFEREE I could make it here but I can't guarantee 9 that it will be within a month but I will try I will 1010 the best I can along that line All right it will be here 13 in 11 Oakland if that is your pleasure 13 MR CHANDLER We would prefer it here 1313 REFEREE It will be in Oakland and how much time 1414 shall I reserve one day enough MR TWOHY MR VONK I would think that would be enough I would think so REFEREE I'm going to be setting the case now very fer eae 80 shortly within the next week or ten days and it and you have some other witnesses you want fe 3 ten days well let me know within the next | days so it isn't to bring that on Se Bs s fede on 24 MR ERGOS I think this Mr. Referee REFERKE A day and one day a half might be a little short . two days that should b 26 ample I would think 26 MR CHANDIER A day and a half I would think 148 er com shy a laity s - eee eeeSt - "ge : wl See a ks er ge, eg * STN @ * . REFEREE I will ask for a day and a half Anything | 2 else now 3 Just a couple of questions of the e& Looking at your employment record Mr. Meyer business a I gather that you first worked in the insulating | ' around the year -- around 1943 is that right A Yes . .. ov Q What type of work did you do before that . ' A I worked for Stauffer Chemical Company 10 q In what capacity . classi- 11 A I was I guess you'd call them -- I was ' 12 fied as a purification operator It was all outside work 1313 Q Purifying what ye tA read them thermometers | 29 A All I did was run around and 29 Q What were they purifying | They were making sulphuric acid Q And what other substances were you working in connection with besides sulphuric acids et emia A Ch sometimes I worked around the yard I mean -- REFEREE Q Any other chemicals that they were manufacturing A No not that I worked in MR REGGS Q How long did you work for Stauffer A About five years I guess 24 Q. Why did you terminate that employment ; 25 26 A went to work in the shipyards MR BROGS I won't pursue that any farther Krai veaadiol 149 aaa -~ Referee I realize you just want preliminary questioning ihe 3 Hearing adjourned * : . , _ - @ i ; I ELPORE TER INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIPORNIA - 2 CLAIN NO 62 SP 199 141 3 oo 2 8B & EDWARD MEYER VO, Applicant ) { - MOTION FOR DISMISSI 7 PLANT RUBBER & ASBESTOS WORKS 7 8 VANARSDALE HARRIS LUMBER CO ) INC L. J. COMPENSATION et al and STATE COMPENSATION INSURANCE . 9 INDUSTRIAL INDEMNITY FUND COMPANY et al FILED FILED 10 APR 18 1963 i 1963 Defendants mim 11 mim i mim 12 : 13 | GOOD CAUSE APPEARING THEREFOR that defendant Asbestos IT ES ORDERED Plant Rubber k 14 i Vorka Motion for Dismissal upon the ground of lack of i Jurisdiction over the at is time subject matter be . and it hereby is denied , - APR 18 1963 2 Filed and served ont First Compensation Sedgifek Detart ... Brobeck Phleger Ree State Compensation 23 Braner Minder & 24 MKuellvein n TTT Filippi # Sanford IndeMmanriketty 582 * Casualty | raking, Casualty Indemnity @ ro & Harrison P^/nd 111 Sutter St. SF Ins Chandler No. - Personal Service 220 Juans Ave. San Leandro St. San Jose 315 Matgomery St. SF Moran & Arnold 100 Bush St. SF St. SP Exchange 550 Kearny St. JF San Pablo Ave. Oakland * NEE AOE. ee & \ a ec 30 ABM mim From 19 From 19 , . . ; , OR a aC i ee Oo oe + BAe a BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA EDWARD MEYER \ Na 62 SP 199-141 ASBESTOS PLANT RUBBER & WORKS VAN ARSDALE LUMBER COMPANY INC L. J. KUPPS et al Place and Times Oakland May 8 9:00 a.m. . , Refere NELSON Appearances = o Applicant present represented by Bruner Minder & - - Chandler Chandler Stephen M. Chandler Esq appearing . Plant Rubber & Asbestos Company by Brobeck Harrison Elbert Bennett Esq appearing Phleger & ss | State Compensation Insurance Pund by James J. Vonk Esq * Industrial Indemnity Exchange Industrial Indemnity ; . CKoemvpinanyR. aTndwoAhmyerEicsaqn Employers Insurance Company by | Aetna Casualty & Surety Company Moran by Sedgwick Detert Arnold C. Gordon Taylor Esq appearing - : California Casualty Indemnity Exchange by Hanna & Brophy Ivan A. Schwab Esq appearing General Accident Fire & Life Insurance Company by Henry G. Sanford Esq Rea, a ay us iitted on filing of compromise and release agreementagreement " cc ied a eS Ma 7 _" ld eRe all "sek ne EXHIBITS . Applicant's 9 - Report of Dr. Adams 5/2/63 Deft Cal Casualty's C - Report of Dr. Lawis 4/23/63 |S| TIPULATIONS Accident Life Fire - General & Insurance Company was the workmen's compen Carey Manufacturing Company sation insurance carrier for the Philip in the years 1956 and 1957 in the California Casualty Indemnity ExchAasnbgeestwoass&thSeupwpolrykmCeonm'psancyompensatpioenriod insurance carrier for the Dutton October 1 1953 through April 8 1956 a? eat a . 7 - 1-8 =, All those reports and documents previously : received and marked as Applicant's exhibits of : inclusive and State Pund's A and B are again received in evidence and given the respective ~*~ . _.: mmbers and letters that were previously assigned . Exchange Indemnity places , - C+alifornia Casualty facts at ISSUE Including . all of the material | 2 the statute of limitations and prejudice from ran lack of notice - statute tess General Accident Fire & Life Insurance Company * . is places aollf olfimtihteatmiaotnesriaanld fparcetjsuda it ceIfsrsoume liancckluodfing Doe issues Medical costs is among the an la re oe . > the question of the allowance of the lien claim of the Department of Employment ry - ~ * 4 > boo a 7% -' . - se . we . . ra lo : . e eet ahi ae hoa 16 . . ee pe ET A tg ae TE tr i ee ee hE ae oe Tt meen . ~e : af eh ee es abe eee ee a ra MD: BURTON ADAMS 4 E. ADAMS ROOTAT M.D 1300 BANCROFT AVENUE SAN LEANDRE CALIPOMIM CALIPOMIM Mtoe 26++8 PRACTICE He aT LIST be E etD / oe 3447934479 3 p 34479 34479 May 2 1943 2 , . Steven Chandler 1376 8. 14th Street Best Building : San Leandro California , . Re Edward Heyer Mr. Meyer was hospitalised on April 19 through the 27th of April with an acute infection of his trachea and bronchi probab- ~ _ ly following a cold Since Mr. Mayer has such an inadequate pul- monary reserve this precipitated marked difficulty in breathing . and it was necrosazy to treat him with oxygen for about 48 hours ~ He slowly responded to antibiotics became afeb.ile and was feeling better though more anemic he went home Since I believe that his pulmonary reserve will not improve and if anything | deteriorate it is entirely possible that he will develop this ; type of syndrome and probably need hospitalization with subsequent colds oy wy a a ae : . Another factor in his disease that we have not discussed - Shortly after sufficiently is that problen he has with his colom his discharge from the hospital be first developed difficulty is passing his stool following a period of diarrhea On examination at this time we made a probable diagnosis of early ulcerative coli- teed constipation disease has been of mild severity and he has tolerated (4: hoe then Any physical or emotional upset still increases n_ow constipation and rectal pain Medically speaking we do not of ulcerative colitis although it is associated with [i -agy tehmeotciaordcaiknsotmramibe fc ase of any sort not the cause I feel of the that if the asbestosis and ulcerative colitis certain- Tehlythehamveental exaggerated stresses of these two diseases and the outlook from exaggerated his colonic disease : x dinrbe you knew, a's of further asiuntance te please let no - ; oe SOMA jo Very truly yours Kimika Kimika ROBERT N. ADAMS N. . eos. Doge a Sener omen wae. Pa ne ee qed: o twe (^'nGoreme OF Hanna & BROPHT maan jan Paola AvaANNE DARLAND II CALIPOANIA SEMPLAR MI , Left Cal Left Cal lay seerve S74 20, Yase Gamw eemn nes a BJ BJ VI SACRAMENTO 16. BALF Industrial Accident Commission 1111 Jackson Street . Oakland California Re Edward Meyer vs. Dutton Asbestos Supply et al Gentlemens April being We attach the report of Dr. Leon Lewis dated 23 1963 to be filed on behalf of our clients copies this day mailed to the parties listed below Very truly yours Ens Harrison 0.0 Brobask Phleger & Harrison Attorneys at . , 111 Sutter St. S.F. 7 0.0 State Fund Atti James J. Vonk c.o. Kevin A. Twoby Attorney at Law 777 North First St. San Jose Calif 0.0 Sedgwick Detart Moran & Arnold Attorneys at Law 100 Bush St. 5. F. 0.0 Henry G.Eanford . Attorney at Law ' Hobart Bldg 5.F. . ; 0.0 Calif Can Ind Excha S.F. WC 174002 SATION . Poa * AKLAN CORN OB, LEON LEWIS M. Oe SHELDON MARGLK K. 2 FY _ se Hanne and Brophy ' ~~ 1540 San Pablo Avenue ' Dakland 12 California Attentions Nr Ivan A. Schwab . haa . Re MEYER Kr Edward 7 PT aes vs Plant Rubber and Asbestos Works ot IAC Claim Number SF 199 147 ra aa Poe a re rr aren . ee -_ oa. Nemorial Mr. Mayer was examined today at your request at the San Leandro Nemorial Hospital He is a 48 year old male married with two adult children EMPLOYMENT HISTORY 0 ye Plant Rubber and Asbestos Works asbestos Insulation worker five or six years - to March 1962 During 21 years he worked for nine different employers always performing the same type work covering pipes and boilers with asbestos . molds The material used was called 85 magnesium pipe covering | ree M. - H. Adams M. G. Stephens 0.5 X. Hardy H. 9.3 N. Christ M. D. radiology therapy . ne at en ae a boy ese ees + een an . - : Parreaa eet * * ao - at oft coe Leandro days April Doctors Hospital San March 22 1962 for 10 San Leandro Mamorial Hospital April 19 1963 to the present 21 1962 stroke Mother died liver One father died at 66 of a at 60 of cancer of the brother died at 39 of a stroke another living brother has back trouble Two sisters are well Mr. Meyer's wife has chronic pancreatic Insufficiency His two adult children are wil There are no other instances of cancer in the family other than his mother history tuberculosis There is no PENSATION PENSATION of diabetes or PENSATION PENSATION fi PENSATION PERSONAL HISTORY PENSATION PENSATIO . Kr Meyer was born April 8 to the Bay Ares during his childhood and ; . Hayan Het . 1915childhod Now Hayan he $ tun ws. oo mdcticut His family moved here His kines He - we, . an : ea ns at arb -- awe - - ~ 0 - Coveavar : Pubditonnesetiuin. St Mirche Spe len gt : 5 easeltkgg attet.swt ee wh eee alBeaenAaEEaepeCtayetsoa CoPe oe ye a ttSite aed ogee i ARLAN M.D. COUN ~ LEWIS N.L @ 5 SHELDON MANSIJU D. ae, op Me As MEYER Nr Edward April 23 1963 -' 2ee * [ completed There completed the first year of high school was no military service Ho limited the use of tobacco to about one package of cigarettes daily for many | years Alcohol was used in moderation . - . . Security Mr. Hoyer has been certified for Social disability : : Coe, benefits on the basis of Loo PAST MEDICAL HISTORY a : No recalls no significant past illnesses Im 1952 there was a head injury with skull fracture while he was installing Insulation in the bottom of a ship and a ballast umright dropped on his head in 1957 craniotomy was performed for . removal of subdural hematoma due to the injury five years previously W. Allen N. D. During the Interval between head injury and craniotomy he - developed traumatic epilepsy and Ollantin therapy was Instituted Instituted Ha recurrence has continued the use of this drug to date although he has had no recurrence sinca operation On occasions he sees Dr. L. Lawrence for follow of his 7 cerebral injury Appendectomy was performed date not recalled He developed appendectomy fistula and required secondary repair He was once thought to have ulcarative colitis in 1958 or 1959 he was hospitalized at Providence Hospital with the diagnosis of pneumonla Mr. Meyer is constipation symptoms are He too distressed to interrogate in detall has suffered from recently possibly resulting from medication His principal Indicated by the Chief Complaints . Dele? we ae Uo CHIEF COMPLAINTS' . Oe oa 1. Persistent chronic cough productive productive of whitish expectoration of several : 2 Increasingly severe cough since March 1962 * 3. Progressive shortnesosf breath ae o . 4. Acute episode of shortness of breath four days ago HISTORY OF THE PRESENT ILLNESS on On April 19 1963 Mr. Meyer entered San Leandro Memorial Hospital the. advice of Br Robert Adams becamus^e'oscafnight April 14 he was chilled when he Ecole dyspnes cough and fever On the rain Hs developed an acute very dyspnel^ respiratory infection and became the following day Dr. Hardy home but suggested that ha use a steam tant at his cough became worse more # On productive and the temperatura rose to 103 April 19 his chest became quite painful and he was to : ; ordered the hospital hospital 7-49 40 Ani ve ay if n PRT omer Fe RMR ee gee ee ae a coteT nee e - pe ee Tee ae te ee tem hat hae me ae a Sa arora ae Mente ee . ARL^ NCONN M.D. SEON LEWIS KI pe SHELDON MARGME.N 2: :: April 23 1963 APA Ot eheutas ae as cates F peo eels coe we a ste Te ee oeBar tle > three years prior to a thoracotomy ^finApril 1962 Mr. MFeoyrerapphraodxinmoatteadlpyrogressive shortness of breath This became vary much worse before his hospitalization a year ago In April 1962 Dr. K. Hardy performed a thoracotomy for biopsy r of the e lung Mr. Mayar says that they got a tumor on my chest | a ascribes the shortness of breath to a Lumor and damage to the lung Mr. Meyer asbestos During the 23 years he has worked with due to inhalation of ha has worked without respiratory protective devices <= asbestos at times Insulation in situations where considerable dust was generated and at times He states that none of the where ventilation prevented dust accumulation workers with whom he has been associated have worn masks or other protectiva | has been totally disabled He has been Since surgery in 1962 Nr Meyer distance without having very marked unable to walk more than a very short He received a series shortness of breath He has spent the time at home lw. * .. of radioactive cobalt treatments under the suunpdeerrvistihoensoufpeDrrv.isiCohnroifstDlrasnsan . supervision This did not prove helpful He has remained bee ae woe - EXAMINATION EXAMINATION Har andd Aday ms PHYSICAL PHYSICAL ee : no etry fe Le yhat tees a . ee pes oy 7 . - a By e toe, Estimated weight 170 pounds or less Estimated height 68 Inches Blood values on the hospital chart are alt pressure 146/96 recorded blood pressure In normal range obviously dyspnaiz male There Mr. Mayer Is a moderately uncomfortable white There mesomorphic constitution well muscled and without apparent deformity : bilateral scars of the frontal area and one of the left temporal aron * are there is a right thoracotowy scar and a right abdominal incision 9 alight areas Aside from the scars and depressions in the the crani~-m is clear There are fissures in the The negative Eyes ears nose and throat are is smooth and pink palate and pharynx angles of the mouth The tongue are cloor The mouth is edentulous well compensated - feos axliipo axliipo The neck is free of palpable lymph nodes and there are none in the ; The thyroid gland is not enlarged Carotid artery pulses are normal The thorax is ssymmetrical The right hemithorax is smallar than the left and duliness at the right base of There is generalized impairment pesowen - base and are broncho- almort absunt et Breath sounds are distant st right -> There are many loud inspiratory character absunt vesicular to bronchial.In bronchial.In than the left The area of rales of both lung bases mor^ma,, kad the on, igh 1 28 o- Py Ps : ~ Bane se PREgo cee eee OT eee ~ OT .20 ah KA SL ent a em T AR^ ANCONN M. LEON LEWIS M.I. , SHELDON MARSEMIL . " MEYER Edward Re Mr. mt April 23 1963 4 Pagelw a se wg wee Ny + duliness and cardiac cannot be made out Heart rate The aortic second sound is somewhat accentuated rhythm are normal i There are no murmurs The abdomen is soft There are no palpable masses The is not genitalia liver enlarged The appear normal wate . . : Loe i cyanosis fingernails The toenails The and clubbing show markedly all extremities slight somewhat abnormal Several are of the fingers or toes of the horny tl are } thick | There is no| Examinations Examinations ete cS Neurological te pet Mow pn cof cooperative Kr Meyer is a well orfanted latelligent and mennerWho sem to - bear his extreme disability with remarkable deperqeuasnsimeidty His friendly and his mood is not remarkably equanimity menner eat + is . | 7 : . As tested in bed there are no apparent abnormalities abnormalities of the nervous system Sensory and motor intact Cranial nerve examination is negative Raflaxas _ are physiologicalnegative ad ere ett function are soe tres ty heeyats ve REVIEW OF MEDICAL REPORTS a 10 J. Costs H. o., An early radiograph of February 1962. Is reported by D. oe a as showing a soft tissue shadow protruding from the right side of the mediastinum at the level of the sortie arch and blisteral thickaning of tha branchovascular shadows in both lower lobes as described on previous as . changes in examination April 22 1961 Dr. Coate thought the lobes suggested pulmonary occupational disease =... the lower2 5 4 ae of places Biopsy specimens from thoracotomy on April 11 1962 consisted two of lung one of which consisted mostly of tumor showing the microscop . ....7 no | - character of oet call branchogenic carcinoma This section as well as the one without tumor showed a few asbestos bodies and variable fibrosis Although there are no reports on Fils directly from Dr. K. Hardy the thoracle surgeon who performed thoracotomy there is a report from Dr. R. R. Adams thought which ladicates that he considered Mr. Meyer permanently disabled mainly because of his inoperable carcinome of the lung . . " which he . directly connected connected with storiswhich developed _ loyment ssttoorrsiisstoris athologist report This view is supported by 8 which developed developed eo aby lopsy result his a ressulutlt of . ++. in tel of 7 published published 1939 carcii 1948 asb^/stols November 27 dealing with referred were 1962. He pulmonary between r^,v the blopsy and listed asb^/stolsand carcii The articles ; four referancas - to Pee wars te oe ne ered oe? peti b antes tat note. . q vane oemdrae 7 S C^ NH AR^ AN M.N. , LEWIS Me s RE~BOMNANGEN D. / MEYER Re et Hr Edward April 23 1963. WNP won. Pes + oe] we : at soe 7. ted? ANNOTATED BIBLIOGRAPHY = . Mr. the articles referred to by Dr. Dickenman were submitted for reviou Three of ; Insurance Fund by James J. Yonk of the State Compensation Asbestosly Curaton Squamous 1 R. J. R. Cell Carcinoma Occurring in J. the Lung BritiCas nch er 249 1948 ; of to! case of a 37 year old woman who worked in a factory making | developed The author reports a between ages 15 and 22. She - asbestos pipe covers for seven years terminally a pleural effusion and clinical signs - savere respiratory symptoms a bronchogenic carcinoma was found in the aft suggesting neopissa At autopsy this was considered to be ^ non- neopisa lower loba On histolcoegllle acxaarmciinnaotmiaonThere was also pleural fibrosis . bodles were keratinizing squamous due to esbestosis Typical glent cells and asbestos | oe, thought observed The author refers to prior observations in 19 cases of neopla~-m Te vos the question of associated with esbestosis up to 1943 and states that disorders disorders could not at that time be specified . relationship between the two = 19 797 September September The Coincidence of Primary Carcinoma of the lungs and 2. Hamburger F. Literature and Report of Three Cases Pulmonary Asbestosiss Analysis of 1943 + . er American J. Path oe known cases Including the thres he reported *- Homburger reports at least 19 : In his laboratory there of asbestosis associated with pulmonary carcinoma were four instances of carcinoma in eight cases of asbestosis examined Inttehrevals in a tabular sumary of the reported cases it is Interetshtaitngthteorneowte srethat duration of exposure varibeedfofrreomde1a9tmhonftohrs asto l2o5ngyaesar1s5 years that almost all of freedom from exposure oat cell type and that all but four of the =. - ocfarctihneomtausmorasreweirnediscqautaemdoa uss ohraving occurred in either the right or left lower ~ U. ^"blics . Humper M. C. Environmental and Occupational Cancer S. whe tar ^"blics . Health Service Supp 209 1949 . . 209 of Hueper raports 23 cases of and German literature Wadler a since Wadler reported by German obs Wadler ) In females . a an ae the lung In the American English dytopsies on asbastos workers i "thers gore 14 casas of lung cancer a ~ es? ate . . : . . we these of : character vg 5 histological histological character cancers and histogenatle character Hueper states that histological of these derivation support a specifle causation reactions by inhaled asbestos . + ". + . 1 lg A e% we : . _ oe Soe we . a . ar! . : tek ee . * . Fer aL a . hoe * . soe . * : ae. eo : . 7 howe Toe . te i ;; , 22 & 1 + a Re * ae Se 2 AR^ AN CONN LEWIS mots eg" SUELDON MARGEN A. eeBolle ~ Re MEYER Nr Edward fs > April 23 1963 Pege 6. os Noe eu i ot a nr 2 @ -* The following additional summaries are submitted as selected from a large number of articles reviewed . . 7 S. Cancer rr Pere. . whet oe 4 Bonser C. K. Faulds J. ee 5 a fee 5 . and Stewart H. J. Occupational of the Urinary Bladder In Dyestuff Operatives and of the Lung In Asbestos Textile Workers and Iron Miners N. J. Clin Path 126 - February 1955 This study from the University of Leeds , Carlisle England statas that in 1928 one of the authors HJS began to collect data from workers in two exposed factories and eventually had a series of 80 autopsias among workers to asbestos in the lungs of 8 persons autops there were sue51 numbers of asbestos bodies but no pulmonary asbestosis A total of 72 subjects -~ 46 male and 26 female -- had asbestosis and among these 12 males and 3 famalas had developed tuberculosis and 12 males and 2 females had developed lung cancer In other words among the males among the females 8.7 developed cancer The 26.1 developed concar and avaraga age at death was 56 oe _ . oo ae The authors point out that no adequate comparable post mortem material from persons working under factory conditions and not exposed to asbestos - .-. dust is available with which to compare the incidence of lung cancer in me asbestos workers The Incidence here cited is very high and in comparison with the incidence In Iron miners must be highly significant The -- occurrence of occupational lung cancer in the exposed female is noteworthy noteworthy The outhors state that following Introduction of regulations for the control of asbestos dust the occurrence of both asbestosis and associated cancer tee showed a definite decline . - eof et : ad . . -. - 4s . , 5. Doll R. Mortality Mortality from Lung Cancer In Asbestos Workers Brit J. of i Indust Med 12:81 April 1955 Soil reports the cause of death as determined at autopsies for 105 persons employed at one asbestos works Lung cancer was found in 18 Instances 15 . _ association times in with asbestosis - . -- as o- summary The following worked for at interesting comment occurs in the summary least 20 years in places where they were 113 man who had Ilable to be exposed to asbestos dust were followed up and the the mortality among then compared to - ee a | that which would have been expected the bails of the mortality superiance 39 of the whole mala population entirely expected The excess was occurred in the group dua dua to excess deaths from lung 15.4 were : cancer diseases against 0.8 axpected and from other respiratory confirmed confirmed asbestosla 22 against 7.6 expected All the cases of lung cancer were histologically and all wore associated with the presence of asbestosla Note Underscoring by L.L oo : ea veo. in ta os eee es * ee a aaoy . : , 4 Fe a et eS -- -- -- -------- ------ . : LEON LEWIS M.O. SHELDON MARGENM.asto Re MEYER Mr. Edward April 23 1963 Page 4 . cardiac dullness cannot be made out Heart rate and rhythm are norms. The sortle second sound is somewhat accentuated There are no murmurs . abdomen is enlarged The The Ilver soft There are no massas palpable genitalls appear normal ne eo is not .. 2 _ ele The extremities show slight cyanosis of thefingernalis The toenails ace all somewhat abnormal clubbing of the fingers Several are or toes ' markedly horny a andthick | a There is no Oona is Intelligent cooperative who Mr. Meyer is 8 wall oriented and bear his antrame disability with remarkable equanimity His friendly and his mood is not remarkably depressed can poms to manner is we oot , at As tested in bed there ara no apparent abnormalities of the nervous system Cranial nerve is are examination examination negative intact : Reflexos physiological physiological . ~ . tk 2 Le Sensory and inntor Boe seer ee yak a aan jar function are ae a a aie hte er: fp teagt a: Cane REVIEW MEDICAL REPORTS - Cotton. ~ oa : m February reported Coate An early radiograph of 10 1962 is by J. B. M. wos as showing a soft tissue shadow protruding from the right side of the mediastinum at the level of the aortic arch and bilateral thickening of D.. 0 the bronchovascular shadows In both lower lobes as described on previous ee. in examination April 22 1961 Dr. Coste thought the changes lobes suggested pulmonary occupational disease the lower2 5 a Blopsy specimens from thoracotomy on April 11 1962 consisted of two plecas ee. of lung one of which coesisted mostly of tumor showing the microscopie -.. | . - character of oat call bronchogenic carcinoma This section as well as the one without tumor shound a far asbestos bodies and variable fibrosis 2. thoracic Although there are no reports on fils directly from Dr. K. Hardythe , . surgeon who performed thoracotomy there is a report from Dr. K. M. Adams which Indicates that he considered Mr. Meyer permanently disabled mainly because of his inoperable carcinoma of the lung . . which he thought his directly connected with the he of asresult . thaesbesDtiocskisan adtheolvoegilsotped report This view is supported by te eae athologist in le. ale aed of - November 27 1962. H. asb^stosits he blopsy aaier dealing with pulmonary asb^stosisasb^stosis and carci carci were published 1939asb^stosis eae between 1948rly _ te fe and listed four references The articles referred to e, ti ser TOT a TTA. eaaas * 2 ees renee ag FP Meea te n Ta ee Spe I dl eee ed : an t et e ee snee Powr e s noe SHELDOK MARGEN D. Gee eet ke hate. pee MIS . et . we AR at Be ee eV a - Re HEYER Nr Edward OS | April 23 1963 a ANNOTATED 10GRAPHY Three of the articles referred to by Dr. Olckanman wera submitted for r:eview by Mr. James J. Vonk of the State Compensation Insurance Fund ae J. 249 1948 I. Cureron R. do ~ "Sqouamous Call Carcinoma Occurring in Asbestosis of So mt the Lung BritiCas nch ar specified specified fibrosis case of a 37 year old woman who worked in a factory making The author reports a 15 and 22. She developed asbestos pipe covers for seventeyremairnsallbyetaweepnleuargaels effusion and clinical signs in the left severa respiratory symApttoamustopsy a bronchogenic carcinoma was found suggesting neoplasm examination this was considered to be ^ non- lower lobe On histologic also pleural keratinizing squamous cell carcinomaglaTnhtecreelw la ssand asbestos bodies were thought dueThteo aaustbheosrtorseifsersTytpoicparlior observations in 19 cases of neoplasm te observed with asbestos up to 1943 and states that the question of arsesloactiioantsehdip between the two disorders could not at that time be .- Primary Carcinome Tha Coincidence of of the lungs and 2 Homburger F. of Literature and Report of Thren Casag Pulmonary Asbestosis Analysis American J. Kath 797 September 1943 ; reported at least 19 known cases Including the three ha Homburger reports - carcinoma in his laboratory there . of asbestosis associated with pulmonary of asbestosis examined == -- ware four Instances of carcinome in eight cases interval ^fin a tabular summery of the reported cases it is interesting to note that the 25 years that there were duration of exposure variebdefofrreomde1a9tmhonftohrs asto long as 15 years that almost all of freedom from exposure ost call type and that all but four of the .- of the tumorasreweirnediscqautaedmouuss ohraving accurred in either the right or left lever ~ carcinomes Occupational . 3. Humper W. C. Environmental and Cancar S. Public 3" wee , , Health Service Supp 209 1949 erbi dyea V of Hueper reports 23 cases of workers and German literatura sincar V Vstopsies reported by a Germen obser dlar . In females , a the lung in the American English stopsies on asbestos ; were14 casas of lung cancer &. seea a . those Humpar st^,tes that histological character the derivation derivation support a specific causation of cancers and histogenetic reactions by Inhaled asbestos ' : ry ot won Te, . Ol a e ee ? yo. Fone ee oe, eRe CORRS nee ree Sa Se ~ . ec rae Tete o - . ' 4 rr oh ater, . aa , _ . wo - fo ea April 23 1963 Page 6 ac vf on de a 0% + cn a oer! : | 1 additional a he The following mo sumeries are submitted as selected from a large - number of articles reviewed Occupational Cancer 4. Bonser C. H. Faulds J. S. and Stewart N. J. of the Urinary Bladder In Dyestuff Operatives and of the Lung in Asbestos Textile Workers and Iron Miners M. J. Clin Path 126 . February 1955 from the This study University of Leads Carlisle England states that in | 1928 one of the authors HJS began to collect data from workers in two -.. = factories and eventually had a series of 80 autopsies among workers exposed to asbestos In the lungs of & persons autopsied there were small numbers | -- of asbestos bodles but no pulmonary asbestosis A total of 72 subjects 46 male and 26 female --`had --`had asbestosis and among these 12 males and 3 . famalas had developed tuberculosis and and 12 males and 2 females had developed In other words among the males 26.1 developed cancar and 56 lung cancer cancer The average age at death was among the females 8.7 developed meter The authors point out that no adequate comparable post mortan laf conditions conditions from persons working under factory and not exposed to asbestos - -- . 7 dust is avaliable with which to compare the incidence of lung cancer in oe =~ asbestos workers The incidence hare cited is very high and in comparison with the Incidence in Iron alners must be highly significant The : noteworthy occurrence of occupational lung cancer in the exposed female is The authors state that following introduction of regulations for the control of asbestos dust the occurrance of both asbestosis and associated ; cancer oot a definite decline showed _ re 2 . , . , ; : a ** . . . a io: - J. of 1955 5. Doll .. Mortality from Lung Cancer In Asbestos Vorkers Urit | ; - To, Indust Med 12:81 April tae core L Dall reports the cause of death as determined at employed at one asbestos works Lung cancer was times in association with asbestos oo autopsies for 105 persons found la 18 instancas 15 , The following Interesting comment occurs in the summary 113 man who had worked for at least 20 yours in places where they were Ilable to be asbestos dust wars followed up and the mortality among then compared to to of the mortality experience on the that which would have been expected basis 39 of the whole male population occurreddeianthtshe fgrormoufupng 15c.a4nwcoerre11 a: to expected The excess entiraly excre eespxis rcateos rsys and cardiovascular diseasOS , against 0.8 expected and from other respiratory confirmed confirmed 22 against 7,6 expected All the ~ ases of lung cancer were histologically and all were associated with the presence of asbestas Note UnderscobryiLn.gL. te - op tee moe se? eee ot ota 7 ee . re - . . . gn555 ec er eos : ' a 5 @ erae nN orn ene a ee de iad ee ee reo roy ary sipiettaettatilalis Fy a AALAN CONN M.^ . @ + + SHELDON MARGEN vce. nb Po. re . ; . F 3 1 q q i ; v4 { : - 74 er ne we . . oy . Tee ge - fit we ee eat} * 5 al foal oy _ Toe . a Lynch 6. K. H. Helver F. A. Cain J. R. Exposed to Asbestos Dust N. A. Arch 2March 1957 e . . Pulmonary Tumors in Rice Indust Health 207 - These workers at the Harvard School of Public Health exposed mice to dusty atmosphere containing asbestos fibers 127 animals killed after 17 months exposure were compared to 272 controlled animals Primary lung tumors were found in 40 of the dusted mica and 36 of the controls -- both groups Multiple pulmonary tumors were demonstrated in 18 of the dusted and % of malignancy the controls The authors were unable to establish proof of malignancy 7 - They state they were unable to demonstrate any proof of the carcinogenicity - |. ; of asbestos under the conditions of this experiment but the Increased . Incidence of multiple lung tumors in dusted animals must be regarded es 4 contribution contribution possible accentuation by the Inhalation of asbestos dust of an existing . tendency to develop lung tumors They disclaim any significant contribution ; of this study to solution of the problem of relationship between asbestosis ted. and cancer in man . cea? me . a 4 ae * oo 1958 7. Brown D. C. Truan T. D. An Epidemiological Study of Lung Cancer In Asbestos Miners A. A. Arch of Indust Health 634 June :.- This comprehensive article reviews the evidence for and against the associa- tlon of lung cancer with asbestos exposure and asbestosis The authors - point that there has been a serious defect in most of the studios -- a namely that they were concerned only with the dead and not with the living . workers in the asbestos Industries In order to remedy this defect they =~ studled causes of death among a large segment of population in Quebec and attempted to relate cancer of the lung to dust exposure duration of - employment and smoking habits In the and they compared the death rates from cancer of the lung for asbestos workers to that of other population groups in Quebec according to accepted statistical methods 2 - > . They state The mortality rate for lung cancer as computed on the basis of 9 proved deaths among the cohort 1. e asbestos exposed L. L. - : was 25.3 per 100,000 When the 3 small suspected cases were added the total rate for the cohort was 33.8 According to their findings these . . authors thought the mortality rate from lung cancer did not appear to Increas9 with length or degree exposure -- facts which they considered strong _ avidence inst the carcinogenicity of asbestas Although there were smalt ede studied the authors steter: Min tke rate among various population groups is of what are believed to be | - iy d^/t^/ complate and rollable miners in the Province rata from lung It senes/falh to Quebec to not- conclude that the asbestos a significantly higher death sts of the general population canpcosseibrle then do comparable comparable Quebec an account This article does account The study was made possible possible account oFige Association possible ria) es * CEE mineralogy of asbestos in from the Quebec Asbestos Nining vio . Lee ete RMN aT mbar ati te RL Da Stat ee tn te te UT Tt Tn tm ot > LEON LEWIS OOS a SHELDON MARGEN N. ~ Ret HEYER Br. Edward 70> | April 23 1963 7 . Page 8 we woo. . 2 te pelt pf als ef oae . we , a who : 1 ee Te oe ge Tyee . Braun and Tru^nquote Goldblatt and Goldblatt who contributed a saction edited by E. R. A. Merewether the head of official Industrial hyglane for criterion Great Britain entitled Industrial Carcinogenesis and Toxicology The Goldblatt~- sald with reference to asbestos there is no rellable rellable criterion f by which one can anticipata carcinogenicity and as is well know relatively minuta changes in the structure of a chemical carcinogen are - sufficient to diminish or eliminate carcinogenatic action . 6 2 2 " asbestos is indeed to be regarded as a carcinogen the need is falt to demonstrate some property which can be regarded as something more than - Inertness They thought that until evidence of direct carcinogenesis was . * established asbestos might be considerad as a carcinoger This point is in our opinion very important since it is possible that known chemical carcinogens such as those in tobacco tars may actually de concentrated by absorption on asbestos dust and fibers The possibliity that carcinogenesis may be abetted by asbestos seams to us to be a fruitful approach to further investigation . . Toa ; Loe of 8. Anderson J. Campagna F. A. Asbestosis and Carcinoma the Lungs0 Case Report and Review of the Literature Arch of Environmental Environmental Health 1:27 July 1960 . j |. This is another single case report of a 52 year old man who worked for 30 years as an abestos Insulator both laside and outside in new and old buildings He wore no protective gear at any time In addition to asbestos ho mas exposed to fiberglas He was a heavy smoker until five years prior to - his death having smoked thres packages of cigarettes daily for many years The autopsy findings revesled diffuse asbestosis with typical asbestos bodies alveolar septal thickening and thickened pleura There was a large tumor . mass of the right hiler arse which on microscopic samination revealed = bronchogenic carcinoma we ss . This case report illustrates the difficulty genetic effect of other pulmonary irritants : +. 8 . oy . of distinguishing the from that of tobacco : carcino- . s DISCUSSION DISCUSSION establishment In an early articla on asbestos hazards published by the Office in 1938 criteria were proposed for the establishment International Labor of Industrial origin of cancer It was sald following two conditions must be satisfied satisfied " that the Incidence occupation under review should exceed that to significant tent in the general population a and 2 that in the occupation concerned there should be rufficient of a worker with substanca ruf icient association a) a oP gen Se oa XT AALAN ^ OXHN.D. LEWIS D. SEELOON MARGEN M. : Re HEYER Hr Edward Page 9 : at eee ee ee ae ee 1 carcinogenetic experimentally properties proved experimentaly that to have properties At time the author said These two postulates cannot yet be regarded as having been fulfilled in the case of the asbestos observation sufficient evidence to warrant careful Industry but there is sufficient : In the future Fy an remarks that In 1913 25 years after thesa were written It can stiti be said . absoluta proof of causal relationship between asbestos and lung cancer has | not been established Detailed epidemiological work such as that reported by Braun and Truan suggests the possibility that autopsy data may be als- leading The Increasing frequency of lung cancer among both sexes and the Inhalation undoubtedly epperent correlation with use of tobacco and confuse the issue . 4 , of snog Despite the absence ofcertain proof however there are several suggestivana individuals Indications of relationshipbetween between asbestos Inhalation and lung cancer These are +s a . ; woe al 1. The unusually high percentage of cancer deaths among with | proved esbestosis coe ; : . 2. The relatively high fraquancy of lung cancer in women asbestos asbestos workers -- data observed before the frequency of lung cancer in the rise population female began to in the general t og : S 3. The high prevalence of carcinoms of the lower lobo as contrasted with incidence incidence a more random distribution and generales relatively carcinoma in generales generales : 7 high ane ai of upper lobe . wo, ve squamous association &. The frequent- occurrence of with asbestos : : and oot cell carcinoma in 4 5. The decline decline in the frequency of asbestosis asbestosis and of lung cancer among wot British operatives after the Institution of dust control mesures - - On the basis of the established diagnosis in this case and the admittedly disputable but generally positive evidence of correlation between asbest~ sis ~ and lung cancer it is our opinion that Mr. Edward Hayer is suffering from exposure a disease which has as part of Its atlology occupational to asbestos | fibers.. : DIAGNOSIS DIAGNOSIS : ae tie ee . et : 1. Pneumoconiosis Asbestosis , 2. Dat call carcinoma of the lung . . ste we . _f oe * and v . oo mee +f. * loo . oom ne Ne. ' - . te ~ Ser ae Oe Oe rs oe + ey are a f- eee ee ee eee. Tate eet epee ~ . = + 4 tae - 26 26 on ~ ABLAN CONN D. LEON LEYIS J. | 7 SHELION MANGEN M. os MEYER Mr. Edward . . Page April 23 1963 . _ . 10 oe { 3. History of traumatic traumatic epilepsy and late surgical treatment of fromd . fromd fromd fromd oon Or Aree a OGADON SRUNER 681 STEPHEN M. CHANDLER LAW OFFICES EV BAUNER Minder & ChANDLER 136 JUANA AVENUE =~ SAN LEANORO CALIFORNIA aoe : Ont Toe RECEIVED STIAL ACCIDENT I flan xy, ov ras Industrial Accidont Commission Commission 455 Golden Gato Avenue Room 2202 . San Francisco California Re Edward Boyer v Asbestos Works No. 62 SF 199 Plant Rubber & et al 141 I.A.C. . Gentlemen Our client has on May 17 1963 signed a proposed compromise and role_se in the above re^>urencedmatter and we have put the same in the mail to the State Compensation Insuranco Fund for signature and cir- culation among the remainder of the parties We are enclosing in this letter an additional medical report of Dr. Adama deted May 13 1963 which we request be filed and admitted in evidence This report confirma previous findings that Mr. Meyer disability from asbestosis was permanent from the date of his hospitali zation in 1961 when the disease was first discovered and that the disability is solely caused by the occupa tional discaso that the subdural hematoma and traumatic epilepsy is related to his prosent occupational permanent disability Thero was no temporary disabil- ity addition In to Dr. Adams report we are enclosing list of the medical and hospital expenses to date cating unpaid bills in the amount of only 211.00 which Mr. Keyor has agreed to take care of out of Bottlement & indi- the Also enclosed are the and hospital exponses able to socure bills including relatingrelating to those medical including drugs as ve have been including nc tg? Finally we are enci^'etai few concerning conta of medical reporte enci^'eti photostating photostating necessary copies of x ameset * nent et ~N ah, att a at ee ee nha ee eS ee cede v ~ LAW OFFICES OF 1. MINDER & CHANOLER Industrial Accident Commission May 22 1963 . Page : costs of unusual and which were necessary to prove the applicant's nature total costs be . c180 Te are requesting that these included in the attorney feos payable to this office to which the applicant has agreed as indicated by the sottlement agroemont and which wo believe is reason- able in view of the settlement the involved issues and the considerable amount of timo spont by this office in the case VeryVery truly yours BRUNER MINDER & CHANDLI By Chandler Staphe N. Chandler - BNC Encl Cc Mr. James J. Yonk Brobock Phleger & : Harrison Kovin Trony ; . Mullen & Filippi Bodgwick Detert Moran & ^ rnold Henry Sanford Calif Casualty Indemnity Exchange Hanna & Brophy Gordon Taylor -_on-ro aes Ce SS r a \ * 3 ss . Ce a e ne SEEee cob SR wea Ler r k ME , ee : Rasa : a : war - Laatse . . ~ | . r | * . aeniiiinan, ene, nd er. REVISED AND PAID TO DATE LIST OF MEDICAL AND HOSPITAL TREATMENT AENXDPEDNRSUEGSSOF AND MEDICINES _* ~ Page 1 ... NAME OF DOCTOR } HOSPITAL ETC. DATE : Kandeth L. Hardy 3/30/62 } 2 to CHARGED CHARGED 575.00 . PAID BY APPLICANT . FAID BLUE CROSS 482.50 2/15/63 0 Donald Y. Cherry M.D. X. Christiansen and F.V. Stampfli M.D. billed through Eden Bospital oan 4/11/62 4/27/62 through 6/29/62 65.00 ; a 9 - ' - 327.50 ss Lot - 65.00 265.50 | C. DickonnDan. | al George S. Stephans 3/28/62 | 30.00 7 - 30,00 CTING $ 92.50 - 62.00 1300 Bancroft Medi- cal Laboratory . Robert Adams M.D. 3/20/62 voce 4/11/62 . 5.00 ; : 5,00 . oo Doctors Hospital ==. 4/11/62 881.13 Nursing = re - 4/12/62 4/12/62 4/16/62 = 20.00 204.020.020.000 Medicines and Drugs 221.31 Totals Sow 2330.94 25.25 25.25 ., 855.28 0 : 20.00 42.00 _ 20.00 175.31 326.31 46.00 1805,53 ot, i - ~ 7s Page 2 DRUGS REVISED AND PAID TO FATE LIST OF MEDICAL AND HOSPITAL TREATMENT AENXDPENSES OF | a EXCTUR RCSPITAL ETC. Balance Forward : 22 . sm FEE CHARGED . 2330.94 . PAID EY APPLICANT 326.31 7 _ Eden Hospital _ ADDITIONAL EXPENSES 7/12/62 15.00 15.00 8/4/62 65: 15.00 - 9/21/62 11/23/62 -- 15.00 15.00 Kenneth Hardy | 3/63 - 4/63 Eden Hospital - - 25.00 Dr. Frank Dutra. Belini's Drugs 2 - - 7 4/27/63 356.65 5/29/62 *..:. 5.00 4/63 i. 7.85 3/2/63 .75 Le . ae 12/18/62 _ 2/20/63 > 2/3/63 4.50 16.80 - _. 8.25 Gibson Pharmacy Sub Total 2/20/63 < | .41 - 12/3/62 ae 9.22 2 499043 23.20 5.00 7.85 5.75 4.50 .16.80 8.25 .41 9.22 80.98 oD t ATE 5/8/63 2830.37 - 407.29 PAID EY PLUR CRCES 1805.53 15.00 15.00 15.00 15.00 12.50 .- 324.45 - 396.95 :: 2202.48 FOWAILNGIOWMINGE 198.50 . . t 12.50 : i , : i i i : : i | LE: 12.50 | E: . 211.00 Wetc" a DOE APR ROT pale aye t ee eet ee ee -- ott ete be . __- ; LAW OFFICE OF 1. Minden & CHANDLER Industrial Accident Commission May 22 1963 Page 3r reportz which aro we bolieve costs of unusual nature and which vore necessary to prove the applicant ---- -- Y-- o aro requesting that these total costs be included in the attorney feos payablo to this office to which the applicant has agreed asbolilnedviecatisedre ba yso tn h- e settlement agroemont and which wo able in vier of the settlemont the involved issues and the considerable amount of time spent by this . office in the case Very truly yours BRUNER MINDER & CHANDLER _MU ~ By Staple K. Chandler els | Encl ec: Kr Jazen J Yonk Brobock Phleger & : Harrison Kevin Twohy . . Mullen & Filippi Sedgwick Dotort Moran & Arnold Henry Sanford Calif Casualty Indownity Exchange BropBrh opy hy ; . COMPENS COMPENS & Gordon Taylor ES COMPENS F COMPENS COMPENS COMPENS . . a COMPENS 6.Bs ers a -. ~ ad REVISED AND PAID TO DATE LIST OF EXPENSES MEDICAL AND HOSPITAL TREATMENT AND OF DRUGS AND MEDICINES w Page 1 i , HOSPITAL ETC. Kenneth L. ay Bardy . WNIT: 3/30/62 to 2/15/63 CHARGED CHARGED $ 575.00 Donald T. Cherry 4/11/62 ie, D C.K. Christiansen 4/27/62 : and F.V. Stampfli through billed through Eden 6/29/62 65.00 327.50 R.C. Dickonean | George S. Stephens D. no 1300 Bancroft Medi- cal Laboratory 3/28/62 30.00 mo 3/20/62 | . 5.00 6 . Robert Adans K.D. 4/11/62 9 2/18/63 . . vie tors through +, 144.00 en Weer 2/18/63 kas . Doctors Hospital - . . -. 4/11/62 881.13 11 days nore Nursing oo . |; - 4/12/62 * 4/12/62 4/16/62 20.00 42.00 20.00 Medicines and Drugs 221.31 _ Totala . 2330.94 PAID BY APPLICANT PAID BY FALINCE BLUE CROSS CTING $ 482.50 $ 92.50 65.00 265.50 265.50 . 62.00 30.00 5.00 - 43.75 25.25 20.00 12.00 _ 20.00 175.31 326.31 56.25 853.28 . . 16.00 1805.53 4.00 Tee ode ad NG ap Sant he PE ay ney a 130 . Page 2 amy DRUGS REVISED AND PAID TO DATE LIST OF MEDICAL AND HOSPITAL TREATIENT EXPEKSKI AND OF 4 - AND MEDICINES ECSPITAL ETC. MATS PAID EY Balance Forward CHARGED 2330.94 - APPLICANT 326.31 ELUE CROSS 1805,53 1805,53 DEING DEING - 198.50 . Eden Hospital 7/12/62 8/4/62 _ADDIATDDIIOTINONAALLEXPEENSESXPEXEPENNSSEES SEXPENSES ~7 -. . 15.00 15.00 15.00 | : 9/21/62 - -< 11/23/62 . 15.00 " 15.00 Kenneth Hardy . 3/63 Eden Hospital - Dr. Dutra Belini's Drugs ~ 4/63 4/27/63 5/29/62 4/83 : : 3/2/63 12/18/62 2/20/63 cos . 2/3/63 . Gibson PharMACY 2/20/63 - 12/3/62 | 25.00 ' - 356.65 .. ol. 5.00 7.85 5.75 - 4.50 - 16.80 - 8.25 = .41 c+ 9.22 23.20 23.20 5.00 7.95 4.50 4.50 .16.80 8.25 $ 9.22 15,00 15.00 324.15 Sub Total 190,11 90,133 190,13 80.98 396.95 ne 12.50 Sem oo = 4 - ae - - . * ' - : Pe : - = . os a . : * . - or 7 107.29 2202.48 : . 211.00 on Par . 2 my . . ; . i = - . 4m - wl - e eof ors ' eo - - - . a wt *. a . La o - a me ee we WP ok a ME, Sb *et ar . a : C . . BURTON E AJAMS C mm OY + . . we ROBERT MADAMS.NO a Le 44 M MADAMS.NO MADAMS.NO MADAMS.NO ee 2) +e 6 ae ee ---- a a a oe May 13 1963 stuiat anste scindeintasE sh & om . = - e POV Stephen M. Chandler 1326 E. 14th Street San Leandro California . Dear Mr. Chandler Re: Finard Mover ; Finard Mover 1 should like to make more complete my report on Mr. Mever worked illness 1 The subdural hematoma and traumatic epilepay which he experienced in the past has no hearing on his This is well borne out by the present hard since the establishment fact that he has of his traumatic long and epilepsy 2 Mr. Meyer has been completely originally hospitalized March 21 1962 able to work and I feel quite sure that such a degree that he can ever seturn to disa ied since he wae At no time has he been he will not lapove to work . necessitate 3 Hin future medical care is indeed a difficult probles The asbestosis has resulted in such a decrease of pulmonaru reserve that any minor pulmonary infection such as a cold w no doubt hospitalization and oxvaen in entirely possible that radiation therapy It has contained his tumor and that he may live for years vet in this state that of a respiratory crimle cal There is no way in which ? ein estimate his future medi care This will have to he done by considering as it arises each episode This te a very complex problem which Mr. Never has It may well be that I have not as vet covered all the facets of his difficulties Should they arrive I will let Should you be aware of amy I would ha you know _ mation I happy to add shat infor- say possess - My beat personal regards RMAJo fowl eee a finden ones we . . e, Ley iiee me COO Or pray W. @@ SONDON anGEAR STEPHEN STEPHEN GHAN^ LER Long D W. EA . AWOFFICES OF Bruner MinDER & CHANOLEN 5G NA AVENUE SAN LEANDRO CALIFORNIA June 18 1963 TSESLBE-PBHsONE Industrial Accident Commission 455 Golden Gate Avenue - , - Room 2202 Jan Francisco California Gentlemen Re Edward Meyer vs. Plant Rubber & Asbestos Works et al 4257199 1414257199 141 I.C. Ho On May 22 1963 we thought that we forwarded original report of Dr. Adams dated to you the come to our May 13 1963 It has have sent attention however that apparently we must you a photostatic copy of that letter This was an inadvertance on our part and we are enclosing herewith the original letter from Dr. Adams dated May 13 request that it be filed and admitted in 1963 and of the photostatic copy previously forwaredveiddence in place Very truly yours SMC OF Enclosure Steh M. haddler haddler Mer KERN rt tee em ee ae ath aw, fay. . Pa URTON eon Se oO ok oe a Set ee C. ADAMB 04. D... R^ BERTH. ADAMS M. . 1396 BANChart AVENUE =. * . bam COLO Cretidnem | COLO COLO : HATIT re LIa re wy o ve May 13 1963 Ft . _ : a? fos ne 2 Stephen N. Chandler oe 1326 E. 14th Street San Leandro California ee GS a Ret eta . . Edward Mever Dear Mr. Chandler a os mit wd ook es . . I should like to make more complete my report on Mr. Meyeri = -. . ~ 1 The subdural hematoma and traumatic epilepay which he experienced in the past has no bearing on his present illness This is well borne out by the fact that he has worked long and . hard since the establishment of his traumatic epilepsy tee 2 Mr. Meyer has been completely disabled since he was es originally hospitalized March 21 1962. At no time has he been .. able to work and I feel quite sure that he will not improve ta C such a degree that he can ever return to work | ee eer 3 Mi^ future medical care is indeed a difficult problem : . The asbestosia has resulted in such a decrease of pulmonary - reserve that any minor pulmonary infection such as a cold will necessitate no doubt hospitalization and oxygen therapy It = ~ is entirely possible that radiation has contained his tumor and - that he may live for years yet in this state that of a respiratory | cripple There is no way in which I can estimate his future medi _ cal care This will have to be done by considering each episode = a^ it arises . : ae | uo This is a very complex probles which Mr. Meyer has It may well be that I have not as yet covered all the facets of his difficulties Should they arrive I will let you know . Should you be aware of any I would be happy to add what infor- ; ; . mo sation I may possess . . ea. : . My best personal . Ric . Ric res 2 ~ . ran ~ vat2 sf : tle : eee - ~- Ce i ore cl . EO. ANT ORE R N T Cr et eee eee ar ays meg ETN 6 ree do no ee ey weAhacdemmnieraiiiyal ea et ee Be ee me re eT ae eee \~ ad ; CARBON BRUNEA NOOmacal NOOmacal CARBON MINDECHANDLES . . LELANG W. BRUNER RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED - JUN 28 ACCHIOVI o ; - LAW OFFIERO OF BRUNER & ChANDLER JBO JUANA AVENUE AVENUE BAN LEANDRO CALIFORNIA June 27 , 1963 TELEPHONE TELEPHONE 35 Industrial 455 Golden Room 2202 Accident Commission Gate Avenue San Francisco California le Ideard Yayer vs. Plant Rubber & Asbestos Attention Dear Mr. Kelson Mr. A. H. Nelson Referen Ye are enclosing original compromise and release in the above referenced matter which has been signed by the parties Service of a copy of the compromise and release was unde upon the Department of Employment by mailing the copy thereof to the Department on June 27 1963 The affidavit of service by sail is attached to the enclosed ; compromise and release It is requested that the compromise and releuse be filed and that the compromise and release be approved by the Industrial Accident Commission as soon as possible It is assumed that if the compromise and release is approved that the payment will be a lump payment Very truly yours Janas J. Vonk Taylor C. Gordon Taylor nas. Henry Janford * zBeeae- -- Hanna & Brophy Pew Mullen & Filippt California 777 North First Streat San Jose | . | be 5: . coe SuttneFILED Telephones CTpresi 5-4558 ^'uhUPALLATIKTHCHEL ROLANUM Defendant Attorneys for | ae gy eh > + moo gal. oO ae INDUSTRIAL BEFORE THE INDUSTRIAL ACCIDENT OF CALIFORNIA KIWARD HETER oo Applicant Vae COMMISSION OF TER STATE i rs a vide teat 199 Sead Mo. 62 17. Sows 141 Near at? PLANT teat RUBBER & ASBESTOS VORES eed et al and INDUSTRIAL INDEMNITY Sat EXCHANGE INDUSTRIAL INDEMNITY St COMPANY COMPANT STATE COMPENSATION INSURANCE Yet FUND ALTNA CASUALTY & SURETY COMPANY Naar GENERAL ACCIDENT FIRE AND LIFE War ASSURANCE COMPANY CALIFORNIA CASUALTT ar INDEMNITY EXCHANGE and AMERICAN tuner EMPLOYERS INSURANCE eae Ne? Defendante Me s 5 Net hereto "he parties for the purpose of compromise only . hereby submit the following agreed statement of facts together - with releaset 8 we, Ae.Se. Edward Xayer employee herein born on April 1915 manual - ; claims that he as exposed to dangerous quantities of ion: asbestos harmful , dust and other noxious foreign and aein the State of California while employed an an ae eeaebeates worker Brees wn th , ? and in a manner and to the extent ac by resord developed in the above entitled.- ae+ | preceeding that the employers favelved and their| " - insurance viaro vero as set forth upon the said - SS loyments generally vere between oS. | UE e Be en we ae ONne ee. are EO a : | y : me . theyears 1937and 1961 thatthe names of the employerst : HH ; 2 and their respective workmen'scompensation insurance Ee a _ carriers forthe respective periods of employment were ZA, tall 8 : incorpor- as set forthin the said record which is herein _ ated by this reference and made a part hereof * | 7 = , of : of E the injury are in dispute at o3e3 employee's ; a tt _ The present disability is permanent in nature but its extent is in dispute A. temporary 20H mh That no eke disability has occurred and no ~ oe payments on accous of either temporary disability or : :permanent disability have been paid to the applicant ; ' @ ~ _ ~ Us: :of a carcinons whichclaim ia disputed by the defen- ar | 19 7Bes The parties agreehereby to settle any and all claimsoa"a : 8T ae account of said injury by the payment to the applicant d : of the sum of 20,000.00 said compromise and = release Pe # * is in full payment of all claims and is in full 7 cee x3 = discharge of all employers in whose exploy the applicant mo ra applicant . ae al:> may have been exposed to the said asbestos dust or oe 2, 8 a other noxious and baraful substances between the years - ~ oe 2YEe; a ar | : 1937 and 1961 whether the said employers are named orn herein or not and is in full discharge of all and each , of the undersigned insurance carriers and employers i specifically a : : Be f L2 with respect to all and any of such said employments *"- < so and specificaly of any employers not named herein who = 2 . are or werae aab ny time between the years 1937 and 1961. : -, 32 1a Mein undersigned insurance carriers a soe au o we o 10 11 12 3 it may have been the workmen's compensation insurance carrier between the years 1937 and 1961 - whether said employers are named herein or not : " 17.310.00 se , By the California State Compensation Insura esPand em behalf of itself and any employers of the =- -- applicant for whom it may have been the worin -/ compensation insurance earrier between the years : : 1937 and 1961 whether named herein or not, 2.944.00 By the Astra Casualty & Surety Company on behalf of itself and of any employers of the applicant " for when it mmaayy have been the workman sompensatio insurance carrier between 1937 and 1961 whetherwheth|er ve eT. a fo 3,858.00 . . teste wo By the Plant Rubber and isboates Varks and it o. . : tT . predecessor and successor companies for all 4 Ly periods m. e ' ~ oD of employment of the within applicant 2 between 1937 and 1961 x oT a mS oo. Life By the General Accident Fire And . Assurance B- 0ha3e Company on behalf of itself and of any empleyera eeof the applicant for when it may have been the - : : - ae! verknen's compensation insurance carrier between : 8A8 on California ho: * en: 1937 and 1961 whether named herein or no a ft. By the California Casualty Indemnity | Exchanges ae any employers TP, be Sa nal oe Mahe Rel yee ee 2 ce oem me ee ee ce ee oem . * > i =. fe ~- gt aay tr, ewhea,e 7 . . -. JR 7 oy. ey. = ra = eue ne se eo ER elww .7 aTe tS TLS ? ct . obi r < ae . have *. applicant for whom it may been the : workmen ompensation insurance carrier between 1937 and: t _ 1961 whether named herein or not . By the American Employara Insurance an. 1. i. applicant for whom it may the been -4 workmen insurance have ' compensation carrfar between 1937 and . 1961 whether named 304.00 herein | Me or not the sum of ; ye] ee i have medical or hospital expenses been paid by the . employer or sarrier the amount of EER unknown te any unpaid bills . 5A982" tn > ang . an 4 . > 5A982 . applicant EDWARD HEYER Tae bear _ " is to assume and . unpaid all hoe. and future medical and hospital expense , The attorneys for the applicant ^ot are Bruner a _ Chandler Hinder located at 220 Junza Avenue San Leandro > , California 10. as Said attorneys request a fan of 1_2,168.91 " 1_2,168.91 1_2,168.91 The pt _ amount of attorneys fee 4.7 previously paid Nil a ; om aSinvd '. reason for this compromise is that there are . eo barred if Statute ; 3 serious questions first to as whether or not this slaim is barred by the of Limitations and : not ae which employers in -7 of California *. if any the State sight esponsible for theeluisant : is condition condition ral a 4 or the extent thereof a further serious : ; question exists ae te the nature and extent of the : _ pplicant's : disab ", "fi "fl . . and the portion thereof if which any ", "fi _ "fl me is related te the within employments in Kem | of further litigation the parties have | amicably adjusted | - * ", "fi "fl ", "fi "fl vr ow, . . + understandi their differences by this settlement on the a ry . ~par nil rca OS Tle rb ... - a Ak aaa TO abe wed 1 ~ - os . o thee . | ~ . o wee ~ + Pia ae 5 . Pe . : s 6 we. a * , -* . . - on - <i * * .} i. *, o. z% . aan .. : . wt , 2 * ww Us te my < . Carrs tyme ctl - - * oe the employers ; theyears 1937and 1961that names of the employers S and their respective workmen's compensation insurance - 2. periods ise employment forthe ae yi bf +3 carriers of s respective an iby ard were * to: wii. as set forth in the said record which is herein incorpor a ter_- ated by this reference and made a part hereof . oo = . Pons.. of the injuryare in dispute : The employee's 3c: . nature as aay , t present disability is permanent but its extent is in dispute = heThat no temporary disability has occurred and a a in no a permanent have been paid to the disability applicant ae that * applicant claims as a result of said . | . *. me employmentaanndd eeof said exposure to asbestos dust and other noxious + harmful substances he was injured by the contraction : of the disease of asbestosis complicated by the onset _ . of a carcinoma which claim is disputed by the defen- danta herein 0 . account of said injury by the payment to the L applican.t 20,000.00 s, of the sum of 20,000.00 .* said compromise and release ioe is in full payment of all claims and is in full- full- ee | of all employers in whose employ the : . discharge applicant have been exposed to the said asbestos dust or may ' I other noxious and harmful substances between the years "re herein rs or not and is in full discharge of all and sach e i a of the undersigned insurance carriers and employers 3 -) -F with respect to all and any of such said employments 7 _ and specifically of any employers not named herein who undersigned undersigned Mie 1961 aa any lotare or vere hin insured at eee ane time between the years 1937 and insurance carriers | we 7 iw oe ee vol a4, ur ee as By the Industrial Indemnity Company and Exchange - on behalf of itself and any employers for whos y it may have been the workmen compensation 4 ry. insurance carrier between the years 1957 and 1961 whether said employers are named herein or not 10 29 14 17 28N289 BARB By the California State Compensation Insurance Fund en behalf of itself and any employers of the =- -| workmen *, applicant |. for whom it may have been the a compensation insurance carrier between the years */ 1937 and 1961 whether named herein or not st wee 2,944.00 =] ' By the Aetna Casualty & Surety Company on behalf applicana of itself and of any employers of the ; for whom it may have been the workmen's compensatio . izsurance carrier between 1937 and 1961 whether u| t > _ 3.858.00 UN a Dy Plant the Rubber and Asbestes Works and its | Py a .- predecessor and successor companies for all . *: NtET of periode of employment the within applicant = =o7 otween 1937 and 1961 :. : , ayo Ry the General Accident Fire And Life Assurance = . s =Be Compazy on behalf of itself and of any employers.. * oe, of the applicant for whom it may have been the vat . : a , verkmen's compensation insurance carrier - between 1937 a * oe and 1961 whether naned herein or mote feby the California Casualty Indemnity Exchange * _ an alf of TFaeTPBaygsad of any employers of she t Te Pi oe oe et fe re at cra mepe ! i T e ic . se . . | ' = azt:yeag oe : Poe 2 9 3 applicant for when it may have been the : woraknmedn carrier sompensation insurance between 1937 1961 whether named herein or not * 5 7 8 9 11 ce ox By the American Employers Insurance Company behalf of itself and of any employers of the worksen's applicant for whom it may have been the | compensatioa insurance carrier between 1937 und herein _ 1961 whether maned 304.00 or not the sun of paid . Me medical or hospital expensas have been by the , employer er sarrier is the amount of any unpaid bills METER ay 8.The applicant EDWARD all is te ADHUMO and bear aes 18 mE ae ONap ~ . Bruner r=o The attorneys _ for the applicant aro a F Chandler _' Hinder lecated at 220 Juana Avenue San Leandro 2 10.10. ,California ; . - Said attorneys request a feo of $ _3,168,91 * 5 previously emount of attorneys fee pa"dt$ Mil e eae _ The reason for this sompromise is that there ; . are . serious questions first aa to whether or not this is vt - elain is barred by the Statute of Limitations and ; - DOt we barred which ampleyers if any in the State ar) j of California oe a2 sight responsible for the claimant's 7 - condition or the extent thereof a further . serious a a nature ~. question exdate as to the and extent of the 4 .,. applicant's disability and the portion thereof if any Lat _ which is related to the vithia uployments in liom of| further this - litigation litigation the parties have amicably adjusted (. their differensia by settlement eon the understanding ae od stipulation that the approval hereef will forever { rey soengremtel it we a LSanEe eoavwun 1010 27 |release the participating defendants liability to the - woe : elaiment ubether stemming from employment named in : these prossedings or unnamed er for exposure herein| - = alleged or yet to be ascertained or known or w - px or 8anticipated or not anticipated including death ) 7 a oh ae The undersigned request that this Compromise and Release greement be approved | ; Be i ase Open the approval of this Compromise Agreement by the | 4cae ; Industrial Ascident Commission a panel thereof aa * a Commissioneorr a Referee and upon payment in accordane with the provisions hereof said employee releases and : TL forever and = discharges the said employers insurance | a earriers from all claims and causes of action whether ve an now known or ascertained or which say hereafter arise or develop as a result of the said injury ineluding ; Ths Sl any and all liability of said employers and insurance s carriers . "s heirs and each of them to the dependenta , a - executara representatives administrators or assigns of the said employse ake parties | , 7 It is agreed by all : h^,rete that the filing of ows this document is the filing of an application for * adjustment wo |. of claim on behalf of the suployer and tha [ast the Industrial Accident Commission may in its discretion 27 set the matter for hearing as a regular application t * to the parties the to put in issue any]. reserving right ", of the fasts admitted herein and that if hearing be s th held with this document used as a2 application . fendants shall have available to them all defenses 8888 aie at available vers as of the date of filing of thin - ad that the Commission may thereafter either: 8888 * document " approvapaid compromi and release agreement or ~ un aon - disapprove the same and issue Findings and Award after regularly hearing has been held upon the matter - by submitted for decision decision There is on file herein a lien of the Department of Employment in the amount of 2,060.00 as and for disability paymenta extended to the applicant between the periode 3-22-62 cous diseles ; 10 to 9-19 62that parties bave made zo provision for *payment of the said lien for the reason that as the record will the applicant hes not had any period of temporary disability 15 vithin the meaning of the workmen's workmen's compensation all of the presseds of this to permanent disability settlement agreement statutes and are allocated yes IN WITNESS WHEREOF the signatures of have been set hurete thi1s 7 17 day of California participating parties | 1963 : at On This and 17th to Nine Hundred and Sixty Threa heders in CLAIRE SIXESOK in Notary Public and forthe Commay al m^ laundsm^ launds EDWARD SIXESOK ontding sharia, daly crmmaidsiens and mewn, percanaliy appeased . Mt pen rr ey PT LeeR fd el : ee Pe . i eee eee! hee een Chn e e - See eeal ade elee ne aed | Perya. 7 2g weae& ee 10 14 A BEBE 27 31 CALIFORNIA CASUALTY INDEMNITY EXCHANGE | and Brophy Willism Beraktal Beraktal PLOYERS ' PLOYERS INSURANCE ae Tet eter gt rr t-r2 Sian MEYER .... employment or employments could properly be held liable for the harmful exposure is not an easy one On the record as a whole I would conclude that the settlement is fair and adequate and should be approved Department of Employment has filed its claim of lien for U.C.D. benefits paid to the applicant during the period March 22 1962 to Sept. 19 1962 in the total amount of 1820 No allocation | is proposed by the parties to the satisfaction of the lien claim upon the ground that the injury caused no temporary disability all of the disability being permanent While I think it is evident on the record that the applicant is now totally permanently disabled I am unable to conclude that none of the past disability was temporary in nature It is reasonable to conclude that a condition of permanency was attained upon the discharge of the applicant from the hospital on April 21 1052 following medical determination that the lung lesion was inoperable and irreversible Department of Employment is therefore entitled to a lien based on the formula _ sanctioned by the Supreme Court in the Baird case 29 C.C.C. Adv P. 77 So computed it is entitled to a lien of 114.63 DISPOSITION - Order Approving Compromise and Release subject to lien of 114.63 to be deducted and paid to Department of Employment and attorneys fee of 2168.91 to be paid out of that portion of Company the total settlement amount payable by Industrial Indemnity and Exchange - -_ ; Order dismissing Mundet Cork Corp. and F. M. Dreisbach dba Dreisbach Box & Lumber Co. : REP RID ie ami erg mre rere re! a BEFORE THE INEXISTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 62 SP 199-141 EDWARD HEYER Applicant , ve. & PLANT RUBBER ASBESTOS WORKS et al and INDUSTRIAL INDEMNITY COMPANY INDUSTRIAL INDEMNITY EXCHANGE STATE COMPEISATION D'SURANCE FUND AETT'A CASUALTY & SURETY COMPANY GENERAL ACCIDENT PIRE APD LIPE ASSURANCE COMPANY CALIFORNIA CASUALTY INDEM'ITY EXCHANGE and AMERICAN EMPLOYERS INSURANCE COMPANY Defendants ORDER APPROVING COMPROMISE AND RELEASH FILED A At A A The parties to the above entitled action having having filed a Compromise and Release herein on June 29 1963setlingsettling the above case for 20,000.00 in addition to all sums which may have been paid previously and requesting that it be approved and and this Commission having considered the entire record including said said Compromise and Release now finds that it should be approved and , GOOD CAUSE APPEARING THEREPOR IT IS ORDERED that said Compromise and Release be and it is hereby approved payable as follows BY INDUSTRIAL INDEMNITY COMPANY and $ EXCHANGE less the sum of 2,169.91 payable to Bruner Minder & Chandler as an attorneys fee and less the sum of 114.63 payable to Department of Employment Oakland lien claimant GEEEEE STATE COMPENSATION INSURANCE FINID GEEEEE AETNA CASUALTY & SURETY COMPANY GEEEEE PLANT RUBBER & ASBESTOS WORKS GEEEEE GENERAL ACCIDENT FIRE & LIFE ASSURANCE CO . GEEEEE CALIFOR IACASUALTY INDSINITY EXCHANGE BY AMERICAN EMPLOYERS INSURANCE COMPANY 7,310,00 IT IS FURTHER ORDERED that MUNDET CORK CORP an F.d M. DREISBACH AH : mN l< Service as per attached + , . EDWARD MEYER CLAIM NO 62 SP 199-141 ORDER APPROVING COMPROMISE AND RELEASE JUL 10 1963 Filed and served on Dept. of Employment P. O. Box 1957 Oakland h Edward Meyer 1250 Wainwright Ave. San Leandro Bruner Hinder & Chandler 220 Juana Ave. San Leandro Plant Rubber & Asbestos Co. / Fibreboard Paper Products Corp. 475 Brannan St. SP Charles Ayres Co. 374 Brannan St. SP Dralsbach Box & Lumber Co. 2530 - Fast 11th St. Oakland The Philip Carey Mfg Co. 2350 Ingalls St. SP Western Piberglass Supply Co. 739 Bryant St. SP Fiberglass Engineering & Supply Co. P.O. Box 90 Santa Clara Mundet Cork Corp. 7101 Tonnelle Ave. North Berger N.J. Russ Bldg American Employers Ins Co. 1050 ST State Comp Ins Fund - Personal Service Industrial Indemnity Co. 350 Sansome St. SF Aetna Casualty & Surety Co. 220 Montgomery St. SF General Accident Pire & Life Amurance Corp. 600 California St. SP Calif Casualty Indemnity Exchange 550 Kearny St. SP Kevin Tohy 777 No. 1st St. San Jose Brobeck Phleger & Harrison 111 Sutter St. SF Sedgwick Detert Meran & Arnold 100 Bush St. SP Henry 9. Sanford 592 Market St. SR Hanna & Brophy 1540 San Pablo Ave. Oakland Arnold Smith Porum Bldg Sacramento esa pe: + erway lee 0 | MEYER EDWARD A. H. NILSON Referee July 8 1963 | VS JUL 10 1952 e PLANT RUBBER ZI ASBESTOS WORKS et al and INDUSTRIAL INDEMNITY CO et al Claim No. 57 109 Inj Asbestosis 141 REPORT OF PEFTREE ON ORDED APPROVING COMPROMISE AND RELEASE | 4 Asbestos worker born April 18 1015 olairs asbestosis as the result of exposure to asbestos fibers in the course of his 1193973-671-f6o1r various employers in California extending over the period It is proposed to settle the claim by the payment of 20,000.00 nothing having been paid heretofore In the course of an exploratory thoracotomy performed on April 11 1962 it was ascertained that applicant was suffering from carcinoma of the lung Biopsies of lung tissue also disclosed asbestosis The medical record indicates that the carcinoma is inoperable and that applicant is permanently disabled for any employment the prognosis being extremely poor His claim for Social Security pension has been accepted on the basis of total permanent disability The record establishes that applicant has suffered serious progressive dypsnoea and a chronic productive cough for a number of years rays caused to be taken by Dr. Coates in April of 1961 more than a year prior to the filing of application - were interpreted as strongly suggestive of pulmonary occupational disease | There is therefore reasonable support reasons for settlement namely doubt barred by limitations of time for one whether of the asserted the matter is not The industrial character of the carcinoma as a complication 1 of asbestosis finds support in the medical reports although it is not conclusively established Dr. Leon Lewis has given us a particularly fine dissertation on the subject of the possible causal connection states states , reviewing the literature on the question The doctor ... can still be said that absolute proof of causal relationship between asbestosis and lung cancer has not been ! established Detailed epidemiological work such as that reported by Braun and Truan suggests the possibility that autopsy data may } be misleading The increasing frequency of lung cancer among both sexes and the apparent correlation with use of tobacco and in- halation of smog undoubtedly confuse the issue Applicarit was a regular smoker for many years smoking a package of cigarettes a day Some of the applicant's past employment in asbestos installation was in connection with new ship construction on board vessels lving in the navigable waters The recently decided case of Calbeck v Travelera Ins Co. 370 U.S. 114 raises a substantial question of whether the State any longer retaina Jurisdiction in such cases In still other employments applicant worked entirely or with with fibreglass both fibreglass and asbestos materials for varying perioda At T bis asbestos work he worked in situations where considerable dus ma generated at other times good under conditions The determination of which - a OPEALS 3 * en OPEALS a ft a & OPEALS , _ . Bille. . i i ot nie, Vr ar Snore i. a, See Ak ty