Document 4Q6qL44gaa262R40VRRZx5YR

CCD 75 K ? D I C 0 ~.L E G A L 0 ? I IJ I 0 .xn respect o:i cccwpatioiai c:;cor Dior by G. V.'. H Schcpere, li.D.j D.5c*j F.C. r p Director Gc.ro.r.r-c Laboratory 7 Church Gtrect Sc.roiriac Leke, N.i. 11cv .'iibcr 5 ^ 1956 W.L. Taylor Decaoscd - Juno 1953 Saror-nc Lc.borat.ory JJo. P-fu-cGC Olsen end Cleon 1_Lh IJortn 5th uvcr.uo P.O. L'c:c COG o.----- X j > < Jw lie: 1. Taylor OCD 75 - F-56-6C6 `.'ovcr-lcr 5) 1956 I. I-IATZRIAI.-STUD .123 A* Report on duct exposures at asbestos cutting operation: Vuiite Dluffs H.B. Perry - July 7, 1956 J E. AsfcoStos Identification - It.S. Ercvn - June 19, 1956 C, Record of Employment - Olson and Olson - Cot. IS, 1956 D. Autopsy Protocol - P.obcrt D. Johnston, M.D. - Juno 19, 1953 c. Eight chest radiogi'aphs dated : Cot. 15, 1913 June 6, 1919 / Sept..1?, 1930 Dec. 17, 1951 Cct. 3, 1952 Oct. 6, 1952 Cct. 27, 1952 Oct. 27, 1952 F. Histologica1 preparations: 2 slides of lung tissue furnishedsj WJ W >m W O A Johnston and narked A-33-6-53 G. Letter by ?. L. Cl3on - Cot. 13, 1956. II. CCCUPATT.vhm.*.rnV.l r 'P/- *Vr A lion-dusty: 191S - Cct. 1913 ~ 1-lay 19/* 6 - Pcb. 1963 - Deployed - July 1963 - Get. 1918 (.Jan, 1519 - June 1919 Unemployed - ( Cot. 1519 - Aug. 195C - ( Oct. 1532 - Juno 1553 - Total 2 x yr. h.0 no s 3 nos. 5 nos. LO nos. G nca. 29 yrs, (continued on pago 2) Ho: W.E. Toylor CCD 75 - P-56-636 November 5, 1?56 IX. ocrrj PAT.T B. Dusty (/lobesLoo Exposxirc) r..-iU'.u icont-a.; \ * 1, 2. A3bssto3 mechanic - Cct. 1943 - Dec. 1945 - E.J. BartslU Insxilating Co. Shipyards, Vancouver, Wash. ' Asbestos mechanic - Dec. 1945 - Mcy 1946 - - Northwest Insulating Co. Shipyards, Vancouver, Wash*** 2 yrc. 2 rnos. . 5 moo. 3 Asbestos mechanic - Feb. 1943 - Apr. 194-3 - V.S. Jenlcins Insulating Co. II. Richland, Wash. 2 raos. 4o Asbestos mechanic E.J. Bar tells Insulating Co. - Cct. 1943 - Jan. 1949 - II, Richland, Wash. , June 1949 - Cct. 1949 - 3 a:c30 4 coe. 5. Asbestos nnchanic - Aug.. 1950 - Sept. 1950 Chas< 11, Brower ar.d Co. Seattle, Hash. 1 me. ** 6. Asbestos mechanic - Sent. 1950 - Oct,- 1952 V.S. Jenkins Cc. N. Richland, Wash, Total 2 yrs. 1 mo. 5 yrs. 6 mos. * State! to have worked in encuseivaly dusty environment in confined spices (ships' holds) and to havo worked many hours overtime. i ** As determined by II. 15. Perry the potential exposure of the deceased may havo been to a dust composed of 35/6 magnesia ar.d 1555 anenite with an average concentration in tho wori: room (doers closed) of 4.2 million particles per cubic foot. `At the power saw (v;hich operated Irtcruittcntly only) dust concentration could have been 21 mppcf and 10 ft.av/ay concentrations of 8.2 rappef vera deter mined. Of theso particles ?Ct5 racy have teen le33 than lO.i, US from ICp to 2Cn, ar.d lo greater than iGp. -2- Rc W.E. Taylor CCD 75 - F-56-6S6 Rovexber 5j 1956 V RADKGRAPKC (cor.t-d.) #3 - dated Juno 6, 191.?: Prntero-nntrvppr nhctofluoro-'rnrh (72 cs). The appearances are cirdlar to the preceding fllia but mere clearly por trayed as this is a technically oucerior filra Sons linear and reticular shadowing can nov olao bo discerned over tho basal lobes. #7 - dated Sept. 19, 1950: lhrs tern-anterior rhol'.ofluercrrnrr. (72 nc). JIo material change noted. #51362 - dated Dee. 17, 1951: Pcr-tero-rntrrlcr trie.radfcma:h, Thio film confines tho presence of an extensive area of bullous crrchync.va or cystic degeneration involving the greater pert, of the right upper lobo which is considerably enlarged. Fulmor.rry markings arc relatively defective in the upper lobe region cf the left lung as veil, indicating the presence either of ir.paLre-u pulmonary blood vessels cr so,to emphy sema; be til basal lobe regions ere the scat of diffusa busy or ground glass opacification vrith a suoerirpesed fine vieronedulaticn ,, There are horizontal linear shadows as well. Tho cardiac outline has bcccna irregular towards the lung apex (ao-coiled shaggy heart). The.right pulxcnory arterial branches appear to be distended and the ccnus puliscnalic is acisevhat prominent. #14915 - dated Oct. 3, 1952: Pcstere-antcrf c.r toler.adlegraph. There has been a marked quantitative advor.co in the disease process. The expanded right upper lobe has been virtually replaced by a hcncyccnkcd state and , i marked emphysema is also apparent in the left upper lobe, vascular mark ings being almost indistinguishable along the outer third of the lung0 ; Both basal lobes arc contracted and chcrr diffuse ground glass opacifica- " tioa vdth superimposed punctate ohadevs ar.d reticulation,, There i3 acne pleural thickening at both bases, apparent along the outline of the thoracic cage, over the diaphragm and betv;cen the lungs and the heart,, ' f Tho heart la enlarged and ha3 assumed the classical configuration a3SO- elated vita cor paLvonaic, the ccnus pulnonalis being markedly distended. . Tho proximal portions of the pulmonary olcod vessels are dilated cn the right . , #14969 - dated Cct. 6, 1952: Poetoro-anter.lor tolsrndicrranh. This film is .of leaser quality and roveaJ.a no features o.dditional to those dc/aonstrablc on October 3* 1952. _ . #10 - datod Oct. 27, 1952: Postcro-or.tcr.ior tclcr.ariinmranh. This fills is scncviiat overexposed vnich enables better 'visualisation cf the parenchymal changes in tho basal regions. These are ncu seen to consist of a complex, coarse system cf superixpooed linear shadows which give a cense spongy impression. Basically the chest condition appears to be the some as on Oct. 3, 1952. ' #10 -- dated Oct. 27, 1952: lordotic vie-.,-. No r.^r.j features are revealed by this view but tho distension of tile ccnus pulisonalis and the avascular emphysematous condition cf both upper lobes is veil brought to light. ^ -a Impression:' Thio scries of radiographs is compatible with a diagnosis of pulracnary fibresis, probably asbestesis vrith assoni.-itna o.--w-------- - conale. Thf* ri ~ --1 VI sur"c [>W\ AMAZ,'). CCD 75 - P-56-6 November 5? 195 Tho -.vo liistological sections sub-nibbed by Doctor Joiir.stcn reveal tho Xollcvdn/- features. There is extensive thickening of alveolar vails, minly due to collage deposition. This process has involved the capillaries which are obliterate in icost areas. Tho majority of the alveolar spaces arc distended and disto. Others are atelectatic and filled with cells, cellular debris and asbestos l Fibrous tissue deposition around small blood vessels and bronchioles ic present to a prominent degree. Satie of the smaller blood vessels have becav occluded by thrombus formation. In ethers there is stcnccic apparently as a result of the perivascular fibrosis, Tho muscular coats of cost blocd vesse. ere thickened. A few veins appear to be distended and distorted. The euccjI of one nediur.-sir.cd bicod vessel included in ono of the sections is irregular hypertrephied and there is local proliferation of the intlira at a few sites. Scree of the terminal bronchioles era markedly distended and resemble bul enphysGiratouo spaces. There is also sene dissension of enn small bronchus, ether areas the bronchioles ars narrowed tlircv.gh external constriction, Tho i cooa is somewhat hypertrophic in the smell bronchi vdth predominance of gohlc* cellse .. - In ono area thera is a idLvturo. of acute and subacute pneumonia, a prcdcraL ance of polymorphsnucioax leucocytes and of ;xicrcphageo with interspersed plan colls and cultisur,lented giant cells respectively' characterising ths two prone cos. In soma areas this pneumonic process has undergone partial organisation with deposition of collagen otrar.d3 and formation of capillary plexuses among the cells and fibrous bundles. Asbestos bodies of two varieties are present in large numbers. The cost conspicuous are relatively large, coarse, dumbbell-type bodies measuring up to 50 cdcrcr.3 in length. Their sharks are highly crcnatcd, All these bodies are stained a dark-brown color and are only seen within alveolar spaeon, costly those, v/hich arc partially collapsed. At no point in one of theca bodies seen to be embedded in tho. fibrous tissue in either the thickened alveolar wall n or ir the perivascular and neribvonchial senes. Taeso asbsetos bodies are often accompanied by large konicphorcs, 'which are filled with dork-brown cirticlcs0 The impression is gained that these largo asbestos bodies have been secondarily trapped in distorted narrowed alveoli. Tho second variety of asbestos body is very slender and elusivoly short al though a few long fibers vero also found. Theso bodies ore much moro numerous and are found embedded in the fibrous tissue and among the cells in the alveolar walls and around the blood vossel3 and bronchioles. They tend to be fusiform in shape and their sheaths stain a isuch lighter shade of brown. The indications appear to bo that these aro the asbestos fibers etiologically associated v/ith tho fibrous process in this cose. The larger of those types of asbestos bodies resemble those scon in amssite asbostcci: The emails:* bedios cannot ba too conclusively identified, but in chrysstile ai^oestosis the component cinuto fi brils produce structures of this kir.da VII. iJISCUd'jif-l Thcr3 can be no question about tho diagnosis of aofccotosis as' the primary diocese process in this ease, i'ct only is there adequate history of exon- curs to asbestos-containing dust, 'but the radiegranrv? ~ ----- changes, the clinical course' tynimT . He '<.H. Taylor CCD 75 - P-56-6 J.'ovembcr 5> 195 -VII. Dir.C'uGTJOli (cont'd.) From the fact that the deceased evidently died from ccngostivc cardiac failure coupled with the fact that ouch a large proportion of the pulmonary bleed vccsolo and alveolar. capillaries have been stenosed cr occluded by th asbestotic tissue reaction, together 'with the observation that loos of bloo vessel carkin^3 were apparent in the x-rny films at an early stage, it may \ inferred that the osbostosis was a material factor in tho cause of disabHit and death. Tho finding of on anatomically patent foramen ovalo ;cay have bee a factor in the cyanosis viliich was such a prominent featurp at an early stag This'foramsn was, however, physiologically patent. It is not stated whether this meant that it held in check the flew of bleed from the left to the righ auricla or vlco versa,, In the ccr pulmonale associated with asbcstosi3 the tension in the right auricle imny exceed that in the loft co that cyanosis ro; have been brought about by passage of venous blood from tho right auricle to tho left. . The asbesfosis present in this ease is rather patently a process of long standing. This inference is boms out by the f act that the disease process vas already veil established at tho ties of the first radiographic exx'ulnatio; on G:t,, 15, 194S,, The discovery of two varieties of asbestos bodies alco sug gests that the deceased wan subjected during a primary or earlier nocuous expe sure to a fir.o fiber dust and r. secondary or later exposure to a relatively coarse variety of arsesito dust. The long fibers inhaled during the later experience were too coarse to be cere embedded in the pulmonary parenchyma, but were detained instead vitldn the alveolar spaces previously distended and dis torted by tho o3bcstotio fibvesia resulting freu tho initial closure.. It should be noted that the deceased was employed in tv;o predominant phas23, namely,-2 years and 7 months (oytween the years 1943 to 1946) and a period of 2 years and 1 month (during the period 1950 to 1952) with intermittent employment totalling 10 months during the period 194S to 1950. As the as bee- ' tocio was already radiolcgicxlly apparent cn Cct. 15, 1946, it is clear that * tho main disease must have resulted from the earlier exposure. It should further be pointed out that in asbsstesis there almost invariably io a latent period of several years between tho phase of effective exposure to tho asfcegtos dust and the coarser,cement of symptoms and radiological signs. In tho present instance it is reasonably certain that tho oxartionxl dyspnea reported durirg 1950 was related to tho earlier, adequate exposure and that the ultimate fatal outcome could have resulted from tho earlier period of exposure whether or not tho deceased vas exposed further to asbastC3 dust during cucccquent yearn GVIKa imam OLSON AND OLSON October id, 1956 The Saranac Laboratory Attn: Dr. G. W. H. Schepers Re: W. S. Taylor Page 2 We represent the 1 as*_employer who employed W. . Taylor prior to his death. Subsequent to his death his widow has applied for the widow's pension through the Washington State Board of Industrial Insurance. The Department; of Industrial (jlnsurance has found_that the_ deceaentphadp'asbestosis which Ijwas a matfeFiaT~contributing factor of the cause-'of his death '.land have held that our client, the last employer, is liable \\for payment of the widow's pension. 0 Our concern is twofold, the first being', did the defendant contract asbestosis while working for our client, or at least was it"Thcr'eased "to the p'oi'nt~where his employment with our client could be held to have contributed to it sufficiently to be held liable, and second Ivy--'the question as to whether cur ^client 'would--be -entit.led _tq._Dntribution from previous employers of the decedent. Vie have enc 1 osed the work re cor: oi i'tr. iayicr out basically the facts i :rjs iar discovered would indicate that he was not engage c in "dusty'1 occupation prior to 1993 at v/m_c.n ti.me .is _w__e_n__t ______'wo_rk___i.n___ the shipyards at Vancouver, Washington as an ascest as^uiarher. ~ The' record woul'dsnow that from October of 1993 to nav of 1916 Mr. Taylor worked in the asbestos industry at Vancouver, Washington. Testimony /of eo-workers .at that time indicated that Mr. Taylor 'was ^* w. orking in the holds cf_ships and.boiler rooms of ships that bwere being built at the shipyards there. TTeesswtiimi.iOonVy i:s to ohe effect-rha'f'Lhe conditions" were-extremely dusty and there was six to seven cays Td work'ed_f rpn .8 . to 12 no gr3 a q 1 y , ThTs~having been in the war time years, there was a considerable amount of ^overtime work vailable and performed by he decedent an: others in his craft. From May of 19o6 to approximately February of 1998 Mr. Taylor was not engaged ir. a place where he had exposure to asbestos fibers. From February of 199S to Acril of19l.-ho--was_nga;n employed in the ^asbestos field. His first employment with our client occurred in October of 19_9jl_at which time he worked approximately 3i months for our employer. He subsequently was employed from Juhe~'5'f~1993"to October of 1999 and subosequently agraaiun worked from Sectemce: 1950-bo Ucbocer ^7 >I l1o93o2 To-r o--u--r- c-=ube~- all of which worx lor our client was done in the asbestos field. OLSON AND OLSON October IS, 1956 The Saranac Laboratory Attn: Dr. G. W. H. Schepers Re: W. E. Taylir Page U. client, but should you need any further information, please feel free to either vrrite me at the above address, or call me Collect at the number stated on the letterhead. Insofar as we have been given a limited time in which to contact you and secure a report, we would appreciate your prompt attention to this matter if at all possible.. '.Ve must, of course, have all cf the items which we have enclosed herein returned to us as most cf them have either been admitted into the court records or will be admitted in the immediate future. Very truly yours, CL30N & OLSON RLO:HD Enc. a/s Registered mail-return receipt requested Ey: He: V.'.L. Taylor OCD 75 - F-56-6C6 IJover.tcr 5, 1936 I. MAT5PJJ.L-SiUD.TZD A. Report on dust exposvires at asbestos cutting operation: White Bluffs Hi.13, Ferry - July 7, 1756 B. AsboStos Identification - R.S. Brevn - June 19, 1956 C* Record of Employment - Olson and Olson - Oct* IS, 1956 D. Autopsy Protocol - Robert D. Johnston, li.D. - June 19, 1955 Eight chest radiographs dated fV L T C. 1C\q June 6, 1919 / Sect. .19, 1950 Dee. 17, 1951 Cct, 3, 1952 Oct. 6, 1952 Cct. 27, 1952 Oct. 27, 1952 P. Histological preparations: 2 slides of lung tissue furnished by Doctor Johnston and narked A-33-6-53* . G. Letter by E.L. 0l3on - Cot. 1C, 1956. \* U. CCCUPAT10i*AL HISTCTi A. Lon-dusty: 191S - Cot. 1913 Ray 1916 - Feb. 1913 - * O+-SJ j --* *~-> 1 yr. 10 cos. Employed - July 1943 - Cct. 191S 3 ttos. \ * (.Jan, 1919 - June 1919 - Unemployed - ( Cct. 1919 - Aug, 195C ( Oct. 1952 - Jur.o 1953 - 5 tr.os. 10 mos. S nc3. Total 29 `JT3 (continued on page 2)  ** i *#' it*a. 3,v/ r COD 75 - P-56--cli li.v.-anter p, 1756 m. clinic cl (0l3cn and Cleon) A* Co-obor 1750 - Consulted ccccor 5n Vancouver for intcr.aittvnl chcrlnecc of breath. B* oprinj 1951 - Hbcarticnal dyspnea -with cyanccic. Ci 1952-1953 Progressiva dyer-noa ar<d cyanosis. *1. Died -June 1953. ' 17. -U-JJ 17AIT - /MiTOIOI r ~/Dj I :G0 (Autopsy Prctccci by liobc.ri D. Joins t en,, M.D.) A. Fuluonary fibrosis: bilateral, interstitial, asbcstotic, asthrasotic B. Paeua-cnitic: acute, cubacuto, chronic, lever lcbo3 C. Pleuritic: bilatoral, acute, ill;roue, pleuropericardial adhesions D. Ercr.chicctasie: early Z/m Lyaphndonitis: hyperplastic, aediastinaJ.; .uithracotic F. Fair:nary enphyseno: aarhed: upper lobes G. Cor pulaonale: Iiypcrtrc phy right ventricle 9-10 err., onto renter threnbesio of right auricular appendage II, Passive congestion: aerate and chronic (lurry- and liver), acute (cpioon and kidneys) Eihcli: pulnonary; left IdLdncy /'natonicaU^' patent, physiologically closed former/ ovale K. Weight of right lung - apcroicinately 1200 /'rare " left " - " 16C0 gram 7. RAD.TCOIIAPHS i/29 - dated Cct. 15, 1916: Pcnterc-nnterlor r.hm.cf?r-oroc-~rrh (72 us) ~ slightly cut of focus. Tho following dia.ry.00tic features arc evident in this filar.: narked tre-nr.radiancy of the upper half of the right lur.g field vrith dov.nvrard disrlac client cf the i mericher fissure.' The ap pearance suggests a large prolnonary cyet or enphysenatous bulla, riio loft upper cone is also oonev/hat bransradiant. Thcro i3 r.arM.-1'5 "ground glaos" oraeif'5 n*- < ' C'WictC O JvJON l * w orr'.:cs or OLSON AND OLSON * son'M ;** *vtNgr. p. o. oox oca PASCO. WAS HINGTON October 13, 1956 L 9UON The Saranac Laboratory P. 0. Box 551 Saranac Lake, New York Attn: Dr. G. W. H. Scnepers Re: W. E. Taylor, deceased Dear Sir: Pursuant to your letter of July 13, 1956 to us and our telephone conversation with you of September 12, 1956, we have finally got together most of either the original articles presented in evidence or copies thereof and would like to request your assistance in'giving us ycur opinion pertaining to the problem of the claim for death on behalf of V/. E. Taylor who allegedly died from ascestosis as having been a material contnouting ca_use. I am enclosing herein the following items for your perusal: --1. Asbestos Idantification 2. Work ..record of decedent .j 3. Autopsy, report cn decedent A. A study of the dust exposure as set up in a teas conducted at Richland, Washington x 5. Three X-Rays admitted in evidence being dated \ 10-y52, 10-6^52 and 12-17-51. X' In addition to which we are enclosing five X-Rays not yet ' x\, r admitted in evidence but which are dated 10-15, 6-6-L9/ v- 9 9-L2/O0, 10-27-52, 10-27-52. X. X V We are also writing this date to Dr. Robert D. Johnston of j ' 11520 S.E. "axon Road, Vancouver, Washington, requesting that he immediately forward to you the slides prepared by him at the time of autopsy. He has, however, indicated that he 'would send the slides onlv upon request of a doctor so even though we have written to Him, we would appreciate it if you would forthwith write to him and request the slides and tissue blocks from him. \ \ OLSON AND O October I, The Saranac Laboratory Attn: Dr. G. W. H. Schepers Re: W. E. Taylor ^ Page 3 It has been shown that as early as October, 1950 that Mr. Taylor had seen a jioctor in...Vanc.ojxv.r, Washington at which time he had advised his doctor that he had been short of breath off and on. ------------- -- While working in the employ of our client as early as the serin,- of ,-~LQ51 it was discovered that Mr. Taylor had difficulty while working in any place where he had any physical exertion because it would cause him such a shnutness of breath and his condition would turn cyanotic. He was, therefore, placed in what is known as the cutting room and was engaged part of the time with power saws and hand ,saws in cutting and preparing the asbestos product for fitting. The asbestos used 'was commonly termed_ajL_o5^_magnes_ia with_a lJ5;l_v^b9stos_b.lnder. Much of the time that he 'was working in the cutting room, however, he was engaged solely in the cutting of a form of paper used for a covering for the asbestos and also cutting metal bands. V.'e attempted to set up a tost in a cutting room, as comparable to the actual workshop a"s we could. In fact, even the doors and windows were kept closed at the time of the test in order to give a maximum concentra tion as far as possible. We have enclosed the results of that test in this letter. Further testimony would indicate that some lay people felt that he was in fairly__g_ciod_health__until as early _a*s 1952 at which time it become progressively more difficult Tdr'Tiim tc breathe and his cyanotic worsened. He was actually dis charged because of a force reduction in October of 19*52 and died in June of 1953. We have also had tested a sample of the asbestos that was being used and have enclosed a copy of the report indicating that anthopnyllite was being used. However, we do not have an accTTfaT'e-nrat'dfy~o'r~w{Te`fheV the anthophyllite was the only type that 'was used or not at this time. However, in our tele phone conversation you indicated that you could determine from the slides the type of asbestos that would have accumulated in .the asbestosis bodies. We would like to have this information as well. This, of course, has been a condensation of a great many 'wit nesses and may not be sufficiently elaborate to aid you in vour conclusions, particularly as to whether the decedent may have had asbestosis at th?'time that he came to -work for our MOITAC/IL'O^ '-IA3QU/1T 3KT 3^A3^1C ''BAHOM.Jti`1 "to vaUT JATHUMIWJ''* 3 JAOUHJ3 3HT IO'< -sim3*4"OHI /: ojois***'4 f OGJOIOAR 1-3 o ig Tr*JMTT*'JO TKi**r.,."jr TM3MTnA^3tl oil*? 'O ((f IC -I 1 r. *. j r November 6, 195& YflOT-wiCiHj 0AHAVA2 y?.ota?ooaj u*JTr oohoc ua;oumt Olson ar.d Olson llh North 5*h Avenue P.0. Pox 888 Pasco, Washington Review of ssierial In the case of one W. E. Taylor, deceased, 3arar..?.c Laboratory IIwater F-56-56, OCD 75, for opinion and report $75C0