Document 4QKxGgEgYOwv9QvbgnZraE9BG

FILE NAME Insulators Workers Comp Claims IWC DATE 1967 DOC IWC066 DOCUMENT DESCRIPTION Claimant - McCormick William From M Archive File Name Contract Unit Claim File William McCormick Nov. 17/67 Amended Jul 29/68 Scanned ? yes Source JMA JM Start Year 1967 Stop Year 1968 Contents claim Notes WORKERS ' COMPENSATION APPEALS INDUSTRIAL ACC~ DENT BOARD - CALIFORNIA CALIFORNIA COMMISSION prior to 1966 APPLICANT WILLIAM MCCORMICK Asbestos Worker - Insulator CASE #LA 317548 ees DATE CLAIM FILED Nov. 17 1967 Amended July 29 1968 INJURY ALLEGED Injury to respiratory system due to asbestos ALLEGED DATE OF INJURY 1942 1967 exposu EMPLOYER Philip Carey Co. et al including M Sales OTHER NOTES No apparent Canadian insurer -DATE OF RESOLUTION May 6 1969 RESOLUTION Compromise & Release Among 15 carriers 13,038 settlement , 2 Med Rpt of Goldfarb to Firemen's Fund # OF PAGE 6 CARRIERS INVOLVED The AETNA Casualty & Surety Co. OAmerican Automobile Ins Co. American Employers Ins Co. American Motorists Ins Co. Argonaut Ins Co. oAssociated Indemnity Corp. California Casualty Indemnity oCalifornia Compensation & Exchange Fire ' oCasualty Ins Co. of Co. Employers Liability AsCsaulriafnocrenia Employers Mutual Liability Corp.Ltd Ins ' oFidelity & Casualty Co. of New Co. of Wisconsin . Fireman's Fund Ins Co. York _ General Accident Fire & oGlobe Indemnity Co. Life Assurance Corp. Ltd. OGuarantee Insurance Co. oGreat American Ins Co. oHardware Mutual Casualty Co. Sentry Industrial Indemnity Co. oIndustrial Indemnity Exchange Insurance Co. of North America oLiberty Mutual Ins Co. oLumberman's Mutual Casualty Co. oMaryland Casualty Co. Michigan Mutual Liability Co. oMission Insurance Co. Ins Co. Co. National Automobile & Casualty Ins Co. oOcean Accident & Guarantee Pacific Employers Ins Co. Corp. Ltd. Pacific Indemnity Co. oReliance Ins Co. Standard oRoyal Indemnity Accident Ins Co. ; ooSSteactuerity Ins Co. of Hartford U.S. Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins Co. oThe United Pacific Ins Co. OU.S. Fidelity & Guaranty Co. oZenith National Ins Co. ozurich Ins Co. Casualty Ins Co. C0 0 5/81 mmf 1 WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 WILLIAM C. McCORMICK 4 CASE No. 67 LA 317-548 5 Applicant VS. THE PHILIP CAREY COMPANY et al 4 Defendant 10 10 11 I hereby certify that the attached documents are true 1122 and correct copies of the original documents filed in the records - 2233 of this office in the entitled matter 14 ATTEST my hand and the Seal of the Workers Compensation 1515 18 Appeals Board of the State of California 17 1818 220 0 N Workers Compensation Judge Workers Compensation Appeals Board 21 22 Dated at San Francisco , 24 California this 6 day of April 1981 26 DIA WCAB 1 HERLIHY HERLIHY JONES & NELSON Attorneys at Law 1 727 West Seventh Street Los Angeles California 90017 Telephone No. 627-4911 Attorneys for Defendants 2m fiwo e t book a aes !! INSERT 5 INSERT - nN WORKMEN'S COMPENSATION APPEALS BOARD @ . , i 69 STATE OF CALIFORNIA { o 10 WILLIAM C. McCORMICK Applicant 12 VS. 1313 THE PHILIP CAREY COMPANY et al 14 14 Defendants 15 CASE NO 67 LA 317 548 COMPROMISE AND RELEASE AGREEMENT . . ' 16 16 The parties to this 17 settlement for the purpose of compromise only hereby submit the 18 following agreed statements of . fact 19 1. William C. McCormick Social Security No. 441-09-3140 born on April 6 1911 claims that he was employed from 1942 through November 1967 at various locations in the State of 21 California circulatory employment that he alleges an injury to his respiratory system system and various other parts of his body by such and that the alleged employers together with their insurance carriers are as listed below a Armstrong Contracting & Supply Fibreglass Fibreglass Fibreglass EngineerinEngingeering Engineering Mundt Company insured by Aetna Casualty Casualty & Company Company SuretySurety 2 b Armstrong Contracting & Supply ) insured Armstrong Cork Company ) The by Johns Manville Sales Company Travelers Insurance ) Company 2 c Los Angeles Cork Company : insured by National Automobile & Casualty Company 1 l OO 3 &fi om ff nN @ o 10 11 12 13 24 15 16 17 18 282 282 282 22 2s 24 25 d Philip Carey . e Plant Fiberboard Inc. f .; Insulations Inc - - Marine Engineering a corp J.T. Thorpe & Sons Inc. Thorpe Insulation g Modesto Refrigeration . h Consolidated Western Steel . 1 . Pabco J . .. C.F. Braun Company . k Lo 1 . ; Coast Insulation ; Perkins Inc. m Thorpe Insulation Company Lo, . n Plant Asbestos . Industrial Supply Metal Clad Company 0 Armstrong Cork . p Baldwin Hill Company } Insured by General Accident Compart ) permissibly insure insured by Pacific Employers Group ) Insured by California Casualty Insurance Company insured by Pacific Indemnity Compan } insured by Employers Mutual Liabilit Insurance Company of Wisconsin _ insured by American Motorists Insurance Company insured by Argonaut Insurance Compan ) insured by Michigan Mutual Liability Company ) insured by The Fireman's Fund Insurance Company insured by Industrial Indemnity Company . insured by Employers Mutual Insurance : Company of Wisconsin )} insured by Insurance Company of North America N The insurance carriers party hereto wish it understood NN that this settlement relieves them of all responsibility for the 28 above insureds whether or not the period of insurance coverage 29 is correct as alleged and whether or not the employers that they 30 may have insured during this claimed period of exposure from 1942 31 to 1967 are mentioned specifically hereinabove or otherwise of 32 2 The actual weekly wages the employee are believed 2 The parties wish to avoid the 2 frustrations of further expense litigationin this delays and wishes to provide his own medical matter The employee needed without the inconvenience treatment of of if any should be defendants contend that applicant's defendant control The 3 constitutional in nature rather aplicant's disability than if any is that the extent of impairment if being related related to his work om and the defendants contend that hisahis npyresiesntdifcfoincduilttiotno isascertain approximately the same as it would 2 of events without any occupational exposure whattehveernormal course 7 o 10 11 12 13 14 In further considerationconsideration of the 16 herewith applicant payment in accordance to all unknown and agrees that this release will apply 17 from such unanticipated injuriesinjuries and damages as all accident those casualty , event and employment now disclosed and all rights rights under 18 of the Civil Code of California are hereby expresslyexpressly waived 282 282 Sfoelcltoiwosn 1542 of the Civil Code of California reads as 282 A general release release does not extend to claims which the creditor creditor does not know or suspect to exist in his his favor at the time of 23 executing the release , which if known by him must have materially affected his his with the debtor settlement 24 25 In further consideration consideration of the 28 sum applicant agrees that this payment release of the aforesaid covers the executors administrators administrators heirs extends to and 27 successors assigns officers directors representatives agents employees of the defendants and each of servants and surgeons and nurses of the them and the physicians 28 acting individually or defendants on behalf behalf and each of them whether of them them or either of them 29 ' 30 Geln Geln 31 Attorney for Applicant 32 a BD , - - TS as O yee Att : se Applicant 2 R Rav 2.64 4E 28 -2- a) 10 11 12 14 15 16 17 18 19 20 21 23 25 26 to have been 3. the employee above maximum throughout the period alleged The employee's present disability is in dispute has returned to work sometime in 1968 and 4. No temporary total disability has been paid by any of the defendants herein The amount due if any is in dispute 5. The parties agree to settle any and all claims on account . empl13o,0y3e6.e00 13,036.00 SEE contributions the defendants The alleged of the injury and exposure by payment of the sum said sun to payable as follows Lump sum to less attorneys APPENDIX A FOR by fees LIENS and less liens as may be allowed herein are as set forth below a Travelers Insurance Company b Aetna Casualty & Surety Company c Fireman's Fund Insurance Company d National Automobile & Casualty Company e California Casualty Insurance Company f American Motorists Insurance Company 7 4,186.00 4,186.00 2,900.00 2,772.00 217.00 154.00 574.00 8 General Accident Fire & Liability Assurance h Argonaut Insurance Company 1 Industrial Indemnity Insurance Company 105.00 562.00 420.00 j Pacific Indemnity Company 10.00 k Fibreboard & Plant Rubber 1 Pacific Employers Insurance Company 224.00 432.00 m Insurance Company of North America 378.00 n - EomfpWliosyceornssiMnutual Liability Insurance Company $ . 75.00 0 Michigan Mutual Liability Company , 29.00 27 6. No medical expenses have been paid by the employers or 28 by the insurance carriers all has been provided by applicant 29 through private sources Future medical and hospital expenses 30 estimated at minimal 31 employee All unpaid and future is to be assumed by the ; 32 7. The applicant's attorneys are Rose Klein & Marias 3 1 727 West Seventh Street Los Angeles California 90017 HY 8 Said attorneys request a fee of 1,500.00 & 9. The parties attach hereto a separate statement of fi reasons for the compromise and release agreement oO 10. The undersigned request that this Compromise 6 and Release be approved Agreement NY 11. Upon approval of this Compromise Agreement by the 8 Workmen's Compensation Appeals Board or a Referee and payment in 9 accordance with the provisions hereof said employee releases and forever discharges said employer and insurance carrier from all 10 claims and causes of action whether now known or ascertained or 12 which may hereafter arise or develop as a result of said injury 12 2 including any and all liability of said employer and said insurance carrier and each of them to the dependents heirs executors , 1515 representatives administrators or assigns of said employee 12. It is agreed by all parties hereto that the filing of 17 this document is the filing of an application on behalf of the 18 employee and that the W.C.A.B. may in its discretion set the matter 19 for hearing as a regular application reserving to the parties the 20right to put in issue any of the facts admitted herein and that if hearing is held with this document used as an application the defendants shall have available to them all defenses that were available as of the date of filing of this document and that the W.C.A.B. may thereafter either approve said Compromise Agreement and Release or disapprove the same and issue Findings and Award after hearing has been held and the matter regularly submitted for decision 26 Ray WITNESS the hereof this 2925 2925 WIJTNESoS btheLseiLgnaturWe IhereLof LIAM /2ra9n2of5 ig FnS,om & Co gmc ( cmmmmesty an es wi powers - Stre tee : + pn Te KLEKILNEIN MARISMARIAS eee. Y 7, & emis. > - 5 Ma i ot as cascts on are eee SS OF ee dae & ROSKELEIN day Ray Ray Ray x Applicant UA Attorneys cso * Pam toe ane ! : By Applicant 4 . | MARTIN S. GOLDFARB M. 9735 WILSHIRE BOULEVARO BEVERLY HILLS CALIFORNIA S0212 TELEPHONE 9179 - . INTERNAL MEDICINE ANO CARDIOLOGY MEDIGINE DIPLOMATE OF THE AMERICAN BOARD OF INTERNAL MEDIGINE January 2 1969 Fireman's Fund American 3223 West Sixth Street Los Angeles California Insurance 90005 Companies ~ RE Assured . .~ Claimant Claim No L Thorpe Insulation Company William C. McCormick - .. B530C 950 222 10-30-67 22 ee --. | esl wile Gentlemen At your request I examined Mr. William C. McCormick at Dec. 30 history 1968. In addition I reviewed the available physical findings and laboratory studies my offices on medical file My are as follows I CHIEF COMPLAINT Shortnesosf breath and easy fatigability II PRESENT ILLNESS Mr. McCormick had been working in the insulating field since for number _ type of work of different activity for companies He had these different carried out the companies 1943 same He felt well until Oct. of 1966. He began shortness of breath and easy fatigability episodes of dizziness while climbing to have complaints of He would have occasio occasional He also indicates that he had periodic episodes of * the past 5-6 years He would coughing in work in the cough when he would first get to morning and would have a cigarette He would throw the cigarette away and start working He would cough during the day He continued to have complaints of shortness fatigability from Oct. increasing complaints thoracic surgeon 1965 until Oct. 1967. he was seen by Carlos of breath and easy Because of these Prietto M. D. a Dr. Prietto hospitalized him at the St. Francis Hospital in Oct. 1967. He complained of tiring easily together with shortness of breath and also a severe cough occurring both day and night He had also tightness and burning in the chest with wheezing Stait Stait J. J. CHANDLER CHANDLER CHCANHDALNERDLER f Fi) - FT LA William William C. McCormick 1-2-69 Chest rays showed bilateral emphysematous bullae and he had left thoracotomy carried out a The surgery was performed on Nov. 2 1967. This consisted of resection of the emphysematous bullae of the left upper lobe At the time of the surgery it was noted that one of the bulla was the size of a grapefruit and the other was about the size of an orange rays also indicated that underlying bronchiectasis at the bases was not excluded He had an electrocardiogram on Nov. 1 1967 which was within normal limits and he had an eventful clinical course after the surgery He had a second surgical procedure during a hospitalization in Feb. 1968. The left lung was operated on at that time with the . removal of emphysematous bullae that A report by Dr. Prietto dated May 22 1968 was reviewed He indicated indicated Mr. McCormick was discharged to return to work on May 9 1968 . He felt it was acceptable to believe that his occupation and using asbestos for many years may be the cause of the fibrogenic disease with emphyseamnad bullae resulting He felt the scarring in the . lungs would continue to progress He felt there was a 25-30 perce loss in each lung as that was the size of the bullae removed to Mr. McCormick returned work about 6 months prior to my examination He worked in a shipyard doing insulating work a period of about 5 weeks He was laid off but he does not the reason for know ' He was evaluated by Morton Kritzer M. D. on July 2 1968. Dr. Kritzer had pulmonary function studies carried out by Herbert Shubin D. These showed an increase in residual air volume compatible with the presence of either pulmonary cysts or pulmonar emphysema However the increase in the residual air volume was only of slight degree There was no delay in the helium equilibration time The findings were compatible with a history of resection of pulmonary cysts Chest rays were taken by Charles Weinstein at Dr. Kritzer on July 3. of the thoracic aorta These showed elongation also linear stranding in the request of and dilatation both upper lobes representing the residua of previous inflammatory disease impression was that of mild pulmonary emphysema The -2- re LA William C. McCormick are III Dr. Kritzer felt he had a pulmonary ventilatory deficit of moderate degree He probably due to pulmonary emphysema and fibrosis was also of the opinion that he had possibly secondary to gastritis gastrointestinal problems He advised that he find some form of work where he was not asked to climb ssteadiernstaror y d1o0 epxocuensdssivealsa o wc hert e hi e wv as i nottasy ked-to walk or sedentary lift anything over long distances or long He felt that working with asbestos over a dusty atmosphere contributed to his pra esepnetriocdonodfit3i0onyeaHres ianlso itnodgiectahteerdwitthhatansmoiknihnegrenat pdaicskpoosfitciiognarettotes per day over 25years emphysematous lung contributed to the develop a type of 75 to his occupation and 25 to underlcyionngdictaiuosnes He apportioned at Mr. McCormick worked another insulating job for Standard 011 for a period of about 2 weeks and then was laid third time for a small off He worked a in there for only 1 week insulating and company San Diego He worked was laid off about 3 weeks ago Mr. McCormick continues to complain easy fatigability and he feels that remaining about the same of shortness of breath his general complaints and are He has occasional When he sits down complaints of a dizzy this will subside spell when I climb PAST MEDICAL HISTORY A. Illnesses - see the present illness B. Injuries - none ; C. Operations - see the present illness IV SOCIAL HISTORY A. Alcohol - social drinker B. Tobacco - averaged 1 pack per day throughout his adult life until the present illness Does not smoke at all at C. Medication - none present V MARITAL HISTORY A. Wife - age 54 has a history of an enlarged heart B. 3 children >> alive and well . VI FAMILY HISTORY A. A. Mother - age 87 alive and well C. Father 4 - died of some type of heart trouble at the age of 89 C. brothers and 3 sisters - alive and well ( p -- FF LA RE William C. McCormick : ( _ ; = - Be =e >t o C ' | oT - - VII OCCUPATIONAL as an insulator and has done a3 Mr. McCormick has worked He has worked for many compa work for the past 25 years of time He indicates that the worki been re _ during this anpderitohde type of work he has done have oor conditions - similar for all these companies woe He indicates that he was also exposed to magnesium and K while working for the various companies VIII He has not returned to work since the surgical procedure that he worked for the Thorpe Insulation Co He indicates a number of times over the past 20 years He worked for shortly before being hospital for a period of 11 months Oct. of 1967 = He indicates Company were that his work activities with Thorpe about the same as they were with the Insula other He indicates that he would usually use furnished but on other jobs they would PHYSICAL EXAMINATION Ht 5'9 Wt 190 a mask when they not be furnished BP 114/78 P 86 The patient is a developed appearing his stated age of 57. no acute distress nourished white n He is alert cooperati A. HEENT - the fundi are negative the pupils react to accommodation there is no nystagmus nystagmus and auscultat B. Chest and lungs - clear to percussion in the posterior ch are healed surgical scars noted areas extending around to both sides thrills sinus rhythm no murmurs or C. Heart - regular D. Abdomen - kidney liver spleen not palpable no ma or tenderness extremities > good peripheral pulsations E. Back and physiological no pathologi F. Neurological - reflexes are noted The remainder of the physical examination is essential contributory blood count - within normal limits A. Complete - 6 millimeters per hour B. Sedimentation rate C. fixation -con reactive -4- ( LA RR LA RE William C. McCormick : ( 1-2-6 Uric acid - 3.6 milligrams percent Thymol turbidity - 3.6 units E. Cephalin flocculation - O at 24 and 48 reactive protein - hours H. Blood negative Blo d sugar - fasting 104 milligrams percent H. VitaBllood VBitall ooVidtal ureaureaurea urea nitrogen nitrogen nitrogen - 17.2 milligrams percent Vital capacity capacity capacity capacity capacity capacity - 94% of normal normal normal normal Urinalysis - essentially negative . L. L. Posterior of chest - shows mild together with residuals of bilateral emphysematous M. Electrocardiogram > within normal limtihtosracotomy - DIAGNOSES: ; change A. Chronic bronchitis B. Pulmonary emphysema mild C. operative thoracotomy DISCUSSION & CONCLUSIONS chronic for emphysematous bullae Mr. McCormick has the history of for a period of 25 years His working in the insulating field findings of asbestosis to indicate that I ray does not show the characteri can see nothing in the available recor physicians It asbestosis was diagnosed by any of the St. Francis Hospwiatsalnot read into any of the rays takenatattendtiheng _ Asbestosis gives the characteristic picture of appearance and irregular thickening of the a ground pleura appearance also diffuse fibrotic with a shaggy in the case of Mr. McCormick changes None of these is seen He has some findings of pulmonary studies run at request of Dr. residual volume as only of slight emphysema The pulmonary funct Kritzer showed the increase in degree The chest ray taken by Charles radiologist Weinstein shows only changes of mild M. D. a diagnostic combination of these two pulmonary emphysema A pulmonary emphysema is milfdindiningdsegwroeueld indicate to me that his There is a number of factors and bronchiectasis as well contributing to his chronic bronchiti cigarette smoking throughoutas himsild pulmonary emphysema His factor There is adult life is the most significar well as pollutants hereditary tendency to develop this condition as in the general atmosphere All of these facto have combined to contribute to the acceleration of his pulmonary condictaiuosnation aggravation and FR FR LA RE William C. McCormick 1-2-69 His and work activities over a period probable fumes have probable also been of 25 years and exposure contributing a contributing factor factor to dust - Each of these years would probably have a similar effect on his lungs as far as aggravation and acceleration of his pulmonary process is concerned of cigarette smoking together . I would apportion 60 of the causation of his pulmonary condition to orc combination ' pollutants - - of in the atmosphere outside his work and hereditary factors I would apportion 40 to work factors over a period of 25 years in which he was exposed to dust and fumes His condition is permanent and stationary He is capable of carry out light work activities on a full time basis He should only work in the insulating field if he has an adequate respirator or wpirtohtoeucttivaedeqdueavtieceproHteecsthioounld avoid further dust or fume exposure _ There is no specific treatment indicated for his condition at the present time He may have superimposed infections from time to time which will require treatment However there is no indicatio for any type of treatment at the time of my examination If I may be of any further service or answer any further questions please do not hesitate to call on me Very truly yours d Mata Mata - MARTIN S. GOLDFARB M. D. MSG encl