Document 6bdE5BaaG3zKrrbJ417yOXgxo

FILE NAME Mundet Cork MCK DATE 1988 DOC MCK125 DOCUMENT DESCRIPTION WC Claim of Kish ROBERT H. CORNELL J. KENNETH LYNCH ANDREW G. LANGE ROGER C. PETERS FREDERICK A. PATTERSON JAMES F. HALLEY SUSAN INJIJIAN LAW OFFICES OF HALLEY CORNELL & LYNCH A PROFESSIONAL CORPORATION 525 MARKET SAN SAN FRANCIFRANCISCOSCO STREET SUITE 3700 CALIFORNIA CALIFORNICALIFORNIA A 94105-2745 94105-2745 415 495-8800 JAMES W. HALLEY 1921-1976 FAX 415 495-4837 Barry Castleman 1722 Linden Avenue Baltimore Maryland 21217 May 23 1988 Re Dear Mr. Harry Markel Castleman Kish I once had the pleasure of several years ago Since then meeting you in I have enjoyed Ken Lynch's office your book Asbestos Medical for and Legal Aspects Aspects Recently I had occasion to purposes of compiling a filed against Fibreboard list of workers refer to it compensation claims Corporation and its predecessors More recently I ran across this concerning the wrongful death of office's ancient file March 19 1952 after Harry Markel Kish who died on in the San Francisco working for several decades as an insulator pertinent documents Bay Area Enclosed you will find several pressed by my pertaining father on behalf to of a workers Mr. Kish's compensation claim widow against the Paraffine Companies and contracting companies other local asbestos insulation The application was filed in 1953 and an order approving a compromise and January May 16 1955. Pursuant to the release was filed on Companies Western Asbestos compromise the Paraffine Dutton Asbestos & Company J. T. Thorpe & Son Inc. Supply Co. and Charles Ayres Company all contributed to a 2,750.00 payment to the widow of Mr. Kish I thought you might enjoy these documents Very truly yours HALLEY CORNELL & LYNCH kwh14 James fo Haller Haller James F. Halley BROBECK & HarrisoN ATTORNEYS AT LAW ONE ELEVEN SUTTER STREET SAN FRANCISCO 4 May 31 1955 CABLE ADDRESS BROBECK TELEPHONE SUTTER 1-0066 James W. Halley Esq 33 Post Street San Francisco California Re Alta Ann Kish v Western Asbestos Company et al IAC Claim No. 145-939 Dear Mr. Halley In the above entitled matter we enclose herewith for transmission to Mrs. Alta Ann Kish check No. 1-25949 of Pabco Products Inc. dated May 27 1955 and drawn on Crocker First National Bank of San Francisco in the amount of 350.00 representing payment of the sum required of The Paraffine Companies Inc. Pabco Products Inc. and Plant Rubber and Asbestos Works designated as Plant Rubber and Asbestos Company in the order approving compromise and release dated May 16 1955 Very truly yours BROBECK PHLEGER & HARRISON Rinald Scam Rinaldo Sciaroni Jr. afh Encl CC Mr. A. S. Mrs. Mary Halley W. Fortini BROBECK PHLEGER & HARRISON ATTORNEYS AT LAW ONE ELEVEN BUTTER STREET SAN FRANCISCO 4 May 20 1955 Eldon B. Spofford Esq Referee Industrial Assident Commission 965 Mission Street San Francisco California oO Dear Mr. Spofford In the above entitled matter we have received a copy of the Order Approving Compromise and Release dated My 16 1955. You will recall that in this matter we represented The Paraffine Companies Inc. Pabce Products Ins and Plant Rubber and Asbestos Works We note that the Order Approving Compromise and Release provides that the sum of 350.00 is payable by The Paraffine Companies Inc. Pabeo Products Inc. and Plant Bubber and Asbestes althao lthough u altg houh gh the release was execu bytPe lad nt Rubber and Asbestos Norks and the latter is the correct corporate name We would appreciate it if you would be so good as to take such preceedings as may be necessary to properly Eldon B. Spofford Esq 2 protect the interests of Plant Rubber and Asbestes Works Very truly yours BROBECK PELEGER & HARRISON afh By . Rinaldo Sciaroni Jr. 80 Messrs Leonard Manna & Brophy 100 Bush Street San Francisco 4 California James W. Billey Attorney at Law 33 Post Street San Francisco California State Compensation Insurance 450 McAllister Street San Francisco California Pund oS ee ROBERT A. MENDLE M.D. Butter Street ) Francisco 8 July 22 1952 Hr James W. Halley 33 Post St. San Francisco Calif SD G&S =I =<<K Dear Mr. Halley RE HARRY KISH I first visited Harry Kish January 4 1947 when he suffered from an acute respiratory infection At that time he was 65 years old and gave the following history He had been an asbestos worker for the past 49 with the usual exposure to high concentrations of years silica dust For the previous 6 to 8 months he had suffered with shortness of breath much worse with exertion For eral years he has been unable to sleep in a reclining reclining position and has resorted to sleeping propped on several pillows During the past 3 to 4 years he has produced considerable phlegm in the mornings on awakening often coughs all through the night The PHYSICAL EXAMINATION Temp 98.6 Pulse 96 BP 130/80 patient was a gaunt elderly asthenic haired male moderately uncomfortable E.I.T. Teeth were carious in poor repair : Increased anterior posterior diameter expansion flaring costal margins poor Langat Resonant Diffuse orepitant rales and rhonene at both bases Heart Within normal limits for good witha harsh prolonged systolic size apical Sounds were murmur cro - The remainder of the examination was rays of the cheat as follows essentially normal present SenareneI The heart is normal in size and shape The aorts is not widened The lower lungs are emphysematous eked The hilar shadows the right are enlarged A few nodular lesions are in the middle of the right lung and density with fibrosis extend parenchyma of the multiple areas of nodular from the left hilus the parenchyma of the middle of the left into cavities are noted lung No Page & Harry Kish The diagnosis of congestive heart failure to pulmonary fibrosis asbestosis was made secondary The was placed on a salt poor diet and digitalized patient When seen again one week later pwa rsoved. He had lettle sputum less the patient had im- dyspnea His pulse He was not seen again until January 17 1948 when he had fractures of the right 8th and 9th ribs in the axillary line He was treated conservatively at home and returned to work in about six weeks I did not see him professionally after that although I did see him in September 1951 when I was treating Mrs. Kish On these occasions he seemed from appearance only to be at about status quo A year I understand that Mr. Kish while engaged in his usual died suddenly early occupation I feel this that Mr. Kish had a compensible illness for these many years namely asbestosis pulmonary fibrosis secondary heart disease There is no doubt that prolonged exposure to asbestos brings about pulmonary fibrosis which inexorably progresses to compensatory emphysema cor pulmonale and congestive heart failure Mr. Kish had progressed through all these phases Any environmental need for increased cardiac the heart Where there is situation which brings about a output would naturally strain already a degree of heart failure a state of myocardial insufficiency supervenes and as a result a myocardial infarction may his demise if Mr. Kish had worked occur hard in On the a hold day of or other area of low oxygen tension the situation would have been ripe for a myocardeal infarction and his death Sincerely RAM s R. A. Mendle M.D. Himenie <A 1 2 3 PF 5 6 7 8 9 10 11 12 13 14 15 116 6 17 17 18 1919 2020 221 1 22 2322 224 4 25 2625 27 28 27 2929 30 31 332 1 San Francisco 6 California California Telephone TV 2-4888 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION ALTA ARE KISH Applicant v8. TITLE PAGE 15 San Capp Street Francisco California WESTERN ASBESTOS CO CHARLES AYEES CO CORK INSULATION CO MUNDAT CORK CORP PLANT ASBESTOS CO J. T. THORFE& BOUR INC BUTTON ASBESTOS & SUPPLY CO ARMSTRONG CORK CO VAX AREDALE PARAFFINE COMPANIES INC vo PARCO PRODUCTS INC PLANT RUBBER & ASBESTOS CO 675 Townsend Street San Francisco S California 998 Minnesota Street San Francisco Francisco California 482 Bryant Street San Francisco Califomia 640 Brannan Street San Francisco Califemia 509 Horton Street Emeryville California 1851 Ocean Aveme Emeryville California 888 Natoma Street San Francisco Califomia Califomia 1885 Narket Strest San Francisco Califomia 595 Tunnel Avenue San Francisco California an Deenpnes Rhyank San Francisco California , 475 Brannon Street San Francisco California Unknown  * fae! t i as 1 JOHNS MANVILLE CO 2 3 EMPLOYERS 4 116 New San FranFrcanci iscosMconotgomery CCaalliiffoorrnniiaa EMPLOYERS Addresses 5 Insurance carriers for above employers are unknown 6 with single exception of CHARLES AYERS CO who at date of death 7 were sovered by Firemen's Pund Group located at 601 California 8 Street Ban Francisco California g 2229 2 292229 2229 14 Ae a ate 15 ten i genre 1177 pie? th Neg cB 18 1919 20 21 2122 23 24 25 2626 27 Salat 28 il: ate 2830 32 SAN FRANCISCO OFFICE INDUSTRIAL RELATIONS BUILDING - SAN FRANCISCO STREET APPLICATION ALTA ANN KISH . STATE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION LOS ANGELES OFFICE BUILANG ANGELI SF LOS ANGELI CLAIM NO 141545--93399 FOR ADJUSTMENT OF , 607 Williams Road Salinas California APPLICANT APPLICANT'S ADDRESS T Deceased'Noa. 558-01-0496 See Title Sheet Attached See Title Sheet Attached T Finemans und ENPLOYEE Finemans Finemans ENPLOYEE Co. Co. KEPLOYER'S ADDRESS 7 1. See Title Sheet Attached EMPLOYER'S INSURANCE CARRIER Markel Kish May RANK OF EMPLOYEE 13 1883 See Title Sheet Attached INSURANCE GARNIER'O ADDRESS . DATE OF BIRTH while employed as asbestos worker . OCCUPATION AT TIME OF INJURY March 19 DATE OF INJURY 1952 San Francisco CITY TOWN OR PLACE WHERE INJURY OCCURRED California by Charles Avers Co. EMPOL F O EMY PLE OYR ER Claimant was asbestos sustained injury arising out of and in the course of the employam s feolnlot ws worker for many years and was occupationally con- EXPLAIN HOW INJURY WAS RECEIVED tinuously exposed to asbestos resulting in asbestosis pulmonary fibrosis with secondary heart STATE WHAT PARTS OF BODY WEER INJURED AND SUBSEQUENT RESULTS disease and finally death 2. Fireman's Fund Group HANS OF INSURANCE COMPANY was the employer's insurance carrier on date of injury 3. Died March 19 DATE INJURED LEFT WORT 1952 Never MATE INJURED RETURNED TO WORK 19 None 19 - 4. except Mandle Street Francisco 5. None - AMOUNT OF COMPENSATION PAID None that Dr. DATE LAST PATMENT MADE DATE LAST Robert of 655 Sutter HANK ALL YELATING ON TEAMINING PHYSICIANS AND STATE BY WHOS FURNISHED HEDICAL PUNSIGNED San California treated Mr. Kish during his lifetime 6. Approx 19.00 per day WAGES PAID DAYS WEKE OR MONTH five days average GUKBER WORKING DAYS PER WEEK 7. Only on out IF BOARD of town jobs LODGING OR OTHER ADVANTAGES WERK FUREIGNED BY THE SEPLOTES WITHONY CHARGE STATE WHAY AND RARERY VALUE OF LACH DESCRIBE ANT PERMANENT ABILITY OR IMPAIRMENT WHICH EXISTED BEFORE THIS INJURY % WAS FILED GIVING DATE OF INJURY NAME OF EMPLOYER ARD CLAIN BURDEN LIST HERE ANY OTHER INJURIES TOU NAVE NAD POR WHICH & CLAIN TO BE USED IN DEATH CASES ONLY 10. It is claimed that the deceased left the following named dependent NAMB AGE RELATIONSHIP Alta Ann Kish 59 Wife ADDRERS 607 Williams Road Salinas California Death 11. Th fo Oss shin pain in _ claim - wife survivea snd claims full | rights and benefits under Act time and place be is WHEREFORE It requested that a granting such relief as the party or parties may be entitled fixed for bearing and notice given and that an order or award be made to Dated Francisco Jan. 14 53 Hall W. e Haly ley AGENT ON ATTORNEY POR APPLICANT SIGNATURE OF APPLICANT OR APPLICANTO ___ 400 Crocker BWHlENdAgPPLICSAaTInON Francisco OFFICE OF OF INDUSTRIAL OF THE ADDREES COMPENSATION ANd Safety LawS THE APPLICANT NEED ONLY STATE THE GENERAL NATURE INSURANCE SIGNED BY APPLICANT IT MUST BE FILED WITH OR MAILED TO THE NEAREST UN NOTE DER THE PROVISIONS CLAIM IN CONTROVERSY CONTROVERSY THE WORKMEN'S HAS BEEN FILLED OUT AND WILL THEREAFTER DE GIVEN OF THE TIME AND PLACE OF HEARING EITHER PARTY MAY THE ACCIDENT COMMISSION WITHOUT DELAY DUE NOTICE IN BY ATTORNEY OR OTHER AGENT ans, ae a, CALIFORNIA CALIFORNIA CALIFORNIA 1 PRPCRE YHE ZIDURTRIAL ACCIDENT COMMISSIO OF THE STATE oF wD CLAIN NO 145-939 UY 4 ALZA MN KISH ) OO Applicant ) @ Ve 8 WESTHIN ASBESTOS CO CHARLES AYRES CO GORK SULATION CO MUNDET CORK CORP ) FLANT ARBESTOS CO J.T. THORFE & SON INC ) DUTTCH ASBESTOS & SUPPLY CO ARMSTRONG 9 CORK 60. VAN ARSDALE PARAFFINE COMPANIES INC PARCO PRODUCTS INC ) 10 PLANT RUBBER & ASBESTOS CO JOHNS MANVILLE CO FIREMEN'S FIND INDEMNITY CO STATE 11 COMPENSATICH INSURANCE FUND UNITED STATES CASUALTY CO AETNA CASUALTY & SURETY CO ) 12 12 INDUSTRIAL INDEMNITY CO and TRAVELERS INSURANCE CO 13 Defendants 14 1415 ANSWER TO APPLICATION 1616 17 17 18 COMES NOW defendant PACIFIC EMPLOYERS INSURANCE COMPANY with its answer to application on file herein It denies all the allegations of said application although it admits that at cer- 19 1920 21 tain times said timesnot yet known that insurance carrier for J. T. Thorpe & Son it was Inc. the compensation It moves to strike the said application from the files of your Commission inasmuch as said application and the supplement 2423 attached thereto do not conform to the requirements of your Commission or the specifications of Section 5500.5 of the Laber Code It is also alleged that no notice was given of the disabil- ity withi thne time as requibr y e ladw and ing defendant has been prejudiced therefore your answer- It is further alleged affirmatively that the claim is barred by the Statute of Limitations as provided by Sestigns 5400 to tip of the Leber 0-7" fFth- State of California m^'partzow- larly Sections 5404 5405 5406 5410 5411 and 5412 thereof 32 a MULLEN & FILIPPI ATTORNEYS 15 MONTSOMERY ST SUITE , MEZZANINE EXROSOK 8-7961 BAN FRANCISCO 4 MOHREFORE it is respectfully prayed that appliemt herein 2 take nothing from your answering defendant 3 Respectfully submitted 4 MULLEN & FILIPPI Attorneys for Pacific Employers Insurance Co. B 8 4 eee. 10 By By Tr. HULTI Alta Ann Kish 607 Williams Road Salinas California Pacific Piedmont Thorpe & Inc. 1351 Ocean Ave. Emeryville California Employers Insurance Co. 3770 Piedmont Ave. Oakland 1 15 1417 18 19 2 2 2 25 26 27 28 29 30 31 32 MULLEN & FILIPPI S1S ATTORNEYS MANTENERY ST BUITE , MEZZANINE EXEROOK 7861 BAN FRANCISCO 4 -2- > "7 ee ee ce a ee . 4 on, oot Pe REFORE SEE TEDIETRIAL ACCIDENT COMPOTESIGN OF THE STATOEF CALIFORNIA 2 GLAIN 10. 145 939 & 4 ALTA AUX KIIH GO Applicant @ 7 8 g 10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 VBe WESTERN ASBESTOS COMPANY CHARLES AIRES COMPANY CORK INSULATION COMPANY MUNDET CORK CORPORATION PLANT ABBESTOS CO J. /THORPE & SON INC DUTTON ASBESTOS & SUPPLY CO ARMSTRONG CORK CO ) VAN ARSDALE FARAFFINE COMPANIES INC ) PABCO PRODUCTS M~ PLANT RUBBER & ASBESTOS CO PIREMEN'S JOHNS VILLE CO PIREMEN'S FUND INDEMNITY CO STATE COMPENSATION INSURANCE FIND UNITED STATES CASUALTY CO ARNA CASUALTY & SURETY CO INDUS- TRIAL INDEMNITY INDEMNITY CO and TRAVELERS INSURANCE CO tee Defendants age APPLTI O C APA PLT ICI ATOIONN COMES NOW defendant UNITED STATES CASUALITY COMPANY with its answer to application on file herein allegations of said application although It denies all it admits that the at ear- tain times said times not yet known that it was the compensa- tion insurance parrier for the Cork Insulation Company It moves to strike the said application from the files of your Commission inasmuch as said application and the supplement attached attached theretp do not conform to the requirements of your Commission or the specifications of Beation 5500.5 of the Labor 25 It is also alleged that no notice was given of the disabil- 26 ity within the time as required by law and therefore your 27 answering defendent has bem prodjudiced prodjudiced 28 It is further alleged affirmatively that the claim is 29 barred by the Statute of Limitations as provided by Sections 30 5400 to 5412 of the Labor Code of the State of California and 31 particularly Sections 5404 5405 5406 5410 5411 and 5412 thereof 32 = MULLEN & FILIPPI ATTORNEYS + 18 MONTEGNERY MONTEGNERY ST BUITE 1. MEZZANINE EXEROOK 3-7361 SAN FRANBLOOD 4 Ee WHEREFORE it is respectfully prayed that applicant herein 2 take nothing from your answering defendant 3 Respectfully submitted Pe MULLIN & FILIPPI Attorneys for 5 United States Casualty Company -- 2 C. 10 By Me ULLEN MULLEN Halley Alta Ann Kish James W. United States 607 Williams Road Salinas California 400 Crocker Bldg San Francisco Calif Casualty Co. 320 California St. San Francisco 11 16 11 25 26 27 28 29 30 31 32 MULLEN & FILIPPI ATTORNEYS 16 MONTOSNERY ST SUITE , MEZZANINE Exenoak 3-7361 BAN FRANDIRDO 4 -20 er, cs | " SO Or LUTE ; aya I BEFORE THE JEDISTRIAL ACCIDENT COIGIENS GF SKE JAS U ALIF 2 GIAIN NO 145-939 3 4 Alta Axy ROSE, ) 5 Applicat 6 Woe | 7 WESTERN ASBESTOS 00. CHARLES ATRES CO ) MUNDET CORK INSULATION CO CORK , ) 8 | SUPPLY FLANT ASBESTOS CO DUTTON ASBESTOS & J.T. TH RFR& SM NC CO ARMBERONG GORLE | COMPANIES COMPANIES 9 VAN ARKDALE PARAFFINE PARAFFINE INC PARCO PRODUCTS INC FLANT RUBBER & | FIREMEN'S 10 ASBESTOS CO JOINS MANVILLE CO FIREMEN'S FIND INDEMNIFY CO STATE CONFINSATION MBU- } 11 | RANCE FUND UNITED STATES CASUALNY CO ARNA } CASUALTY & SURETY CO INDUSTRIAL DENSITY ) 12 CO and TRAVELERS INSURANCE CO } 13 Defendants ) 14 15 16 17 herein WITED STATES CASUALTY admits that it was the componen- 18 tion insurance surrier for Cork Insulation Company from Ima 20 Respectfully subs subs 21 MULLIN & FILIPPI Attorneys for 22 United States Casualty Commy 23 By ; 24 vw. ;pa | : 25 .e. Ki Ans n Kh ish 607 Williams Read Salina California Francisco 26 United States Casualty Co. 320 California St. San 27 28 f 29 30 31 32 C een EFORE SHE HIDUSTRIAL ACCIDENT SH OF THE STATE OF CALIFONI IA ee 1 GL1A 6 2I 45-X 999 ~~ 2 3 ALFA S00 ETA, 4 Applicant ) 5 WBe ) -- WESTERN ASBESTOS COMPANY CHARLES AYERS COMPANY 3 10 111 12 GORK SULATION COMPANY MUEDET CORK CORPORATION PLANT ASBESTOS CO J. F. THORPE & SON INC DUTTON ASBESTOS & SUPPLY CO ARMSTRONG VAN ARSDALE PARAFFINE COMPANIES MC PABCO PRODUCTS INC PLANT RUBBER & ASBESTOS CO JOHNS VILLE CO FIREMEN'S FIND INFINITY CO STATE COMPENSATION INSURANCE PUND UNITED STATES CASUALTY CO AETNA CASUALTY & SURETY SO DUBERIAL INDESITY CO and TRAVELERS INSURANCE SO DefendantDefesndants 13 13 AFTLTI O C AFA TLT ICIATCICHH 14 15 COMES NOW defendant WITHD STATES CASUAINY COMPANY with its answer to application on file rein It denies all the 16 16 eaot : 17 17 allegations of said application although it to that at ser tain times said times not yet known that it was the compensa- tion infurmes carrier for the fork Insulation Company It moves to strike the suid wylicatim from the files of your Commission inasmucahs said appli anc d ta het sui pplo emen nt attached thereto do not conform to the requiremmta of your Commission or the specifications of Section 5500.5 of the Labor Commission | It is also alleged that no notice was givm of the disabil- ity within the time as required by 1 and therefoyr ouer answering defendant kus bom prejudiced 2 It is further alleged affirmatively that the slaiinn barred by the Statute of Limitakims at provbi y Sd ece tiod ns 2 5400 to 5412 of the Louis wake wake wake wake of Galiforni anad 5 | particularly Section 5404 1405 5406 5410 5411 and 432 thereof win resp is ii s rer spii rindn ly d prayl ed y that applicant h^rein take nothing from your maini undant | Respectsfubmiuttedlsulbmityted & FILIFP ILP IPI PI Atternays for BY .0. Alta Ann Kish James W. United States 607 Williams Road Salinas California , Bldg 400 Grocker Casualty Co. 320 Ban Francisco Calif California St. San Francise N ' MULLEN & FILIPPI , ATTORNEYS 18 MONTGOMERY SIT SUITE 1. MEZZANINE EXPRODE 9-7961 SAN FRANCISCO 4 =S- ALTA ANN KISH vs. ELDON B. SPOFFORD Referee San Francisco 3/26/53 WESTERN ASBESTOS COMPANY CHARLES COMPANY CORK INSULATION COMPANY CORK CORPORATION et al AYRES MUNDET Claim No. Injury S. F. March 145-939 19 1952 REPORT OF REFEREE ON ORIGINAL HEARING Application by widow of an asbestos worker alleging injury and death on March 19 1952 from occupational disease Everything in issue for lack of notice including the Statute of Limitations and prejudice Attorney for Fireman's Fund Indemnity Company admitted coverage for Charles Ayres Company and employment of decedent for one month from February 15 to March 1952. Coverage admitted by Aetna Casualty and Surety Company for Mundet Cork Corporation and employment for one week in January 1952 Attorney for State Fund admitted coverage for Western Asbestos Company for 20 years up to January 1 1953. State Fund also admitted coverage for Pabco Products Inc. and their successor Plant Rubber and Asbestos Company and asserted that Paraffine Companies Inc. were insured and had no connection with Plant Asbestos Company Attorney for United States Casualty Company admitted coverage for Cork Insulation Company and employment for broken periods in 1946 and 1949 and offered a work record received as United States Casualty Company's Exhibit A. . Coverage for Plant Asbestos admitted by Pacific Employers for the period January 1 1951 to January 1 1952 and by the same carrier for Thorpe & Son Inc. for the period August 2 1948 through December 8 1951 company The earnings statement from that Insurance Company's Exhibit A. Mr. was received as Pacific Employers Mullen also stated that according to his information Van Arsdale Lumber Company was insured by Pacific 1938 Employers from August 25 1931 to August 25 and thereafter by cite Pund that Pacific Employers also t 1938 and bts Company for the period May 18 1938 to January 1 1952 There was no appearance on behalf of Johns Manville Corporation but a letter from their attorneys stated they were informed that Travelers Insurance Company was its carrier in this proceeding William Kenneth Green called by defendant Charles Ayres Company's carrier testified that he worked with the decedent for about a month prior to March 19 1952 on the S. S. GENERAL BREWSTER at Pier 36 San Francisco which was a commissioned vessel and had been converted into a troop ship and was under the MSTS He was decedent's foreman and all of his work was done on the ship He was working with him the day of decedent's death and they were insulating pipes in the hold of the ship They were using fiberglass and magnesia pipe covering There was the usual amount of dust connected with the work They did not wear masks It was a little warmer than usual that day and the witness asked for more blowers He had received some but he said not enough and there were galvanized fumes in the hold that day The decedent died at the end of the shift as he was going bucket There was asbestos in the magnesia coverings but fiberglass Witness does not know in what proportion for not his lunch in the Charles Edgar Newell called by defendant Cork Insulation Company testified that he had worked for that company for 19 years and knew the decedent that his company does cork insulating and has never used fiberglass or war and that asbestos in small insulation quantities except only on He rare says occasions during the Kish did no asbestos work for his company but cork insulating only He is general superinten- dent of the Cork Insulation Company At times they use cork dust He said it was not real dust but was granulated Elward A. Dwyer called by applicant testified that he is an asbestos worker and was business agent of the Asbestos Workers Union Local 16 up to January 1952. He had known decedent for about 30 years He worked with him during World War 1 for two or three years at Bethlehem Steel Plant which was boat work and the subcontractor there was Western Asbestos Company : He also worked with him in 1936 for a period of about six months at Sun Valley Lodge for Western Asbestos The men were hired in San Francisco for that job He also remembers decedent working for J. T. Thorpe and Son at Moss Landing in 1949 or 1950. Before that he had worked for Plant Asbestos Company at Oleum in 1942 Decedent also worked seven or eight months Richmond in 1950 for an eastern contractor address he does not know at the Standard Oil plant at named W. M. Kellogg whose believes Says the hiring hall records are only kept for two or three years the list of employments prepared by the present secretary the union Mr. Chase is correct He of He said decedent worked for Dutton Asbestos and Supply Company during World War 2 at Kaiser Shipyard He has worked with cork insulation and they use sacks of it in grand for and when it is dumped the ousu CumCo off it He does not know the size of the particlesis DISPOSITION Continued for further hearing upon notice EBS jrp ELDON B. SPOFFORD Referee o., ALTA ANN KISH vs. WESTERN ASBESTOS COMPANY CHARLES AYRES COMPANY CORK INSULATION COMPANY MUNDET CORK CORPORATION PLANT ASBESTOS COMPANY J. T. THORPE AND INCORPORATED DUTTON COMPANY ASBESTOS AND SUPPLY ARMSTRONG ; CORK COMPANY VAN ARSDALE PARAFFINE COMPANIES INCORPORATED PABCO PRODUCTS INCORPORATED PLANT RUBBER AND ASBESTOS COMPANY JOHNS MANVILLE COMPANY FIREMAN'S FUND INDEMNITY COMPANY STATE COMPENSATION INSURANCE FUND UNITED STATES CASUALTY COMPANY AETNA CASUALTY AND SURETY COMPANY INDUSTRIAL INDEMNITY COMPANY TRAVELERS INSURANCE COMPANY GIDDINGS SUPPLY COMPANY BAY CITIES ASBESTOS COMPANY LIMITED ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY INCORPORATED VAN FREEAR COMPANY IDEAL VENTIL^ TINGAND SHEET METAL WORKS LANGENDORF UNITED BAKERIES INCORPORATED E. B. BADGER AND SONS COMPANY MADDEN PLUMBING AND HEATING COMPANY L. J. MADDEN Owner KAISER ALUMINUM AND CHEMICAL CORPORATION RICHMOND SHIPBUILDING CORPORATION GENERAL INSULATION AND SUPPLY COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY Eldon B. Spofford February 8 1955 San Francisco Referee Claim No. 53 SF 145-939 Injury March 19 1952 REPORT OF REFERFE ON FURTHER HEARING Counsel for Plant Asbestos Company stated that he withdrew the stipulation as to insurance coverage for the period 1938 to 1952 Counsel for Industrial Indemnity Company stipulated to insurance coverage by either that company or Industrial Indemnity Exchange for the period 1942 to 1952 for Dutton Asbestos and Supply Company He also stipulated to insurance coverage for Kaiser Aluminum and Chemical Corporation by Industrial Indemnity Exchange for a period not known to counsel at the present time Alta Ann Kish testified that she is applicant in these proceed- Ings that she married the decedent July 31 1913 at San Rafael California and produced a marriage certificate showing a marriage performed by Judge W. J. Magee There was never any divorce or separation Her husband supported her throughout their marriage and she never worked She is now of the age of 62. There are no children of the marriage liv- ing She is at present living with an aunt of her husband Her husband was of the age of 68 at the time of his death no had worked in asbestos work since yo no ^"lou un maren 19 1952. She paid the funeral expenses of 509.00 to H. F. Suhr Company also She a burial paid, except for a balance Woodlawn Cemetery an plot of 172.00 additional on said 387.25 bill for ALTA ANN KISH Claim No. 53 SF 145-939 1955 February 18 1955 Page Page Her husband's earnings had averaged better than 4,000.00 a year for the past ten years As young man her husband had been healthy and engaged in athletics including boxing The first changes she noticed around 1936 and at that time him life insurance because of in his physical condition were an insurance company refused a bad cough and difficulty in breathing Around 1940 he commenced using a separate room for a bedroom He could not breath lying down and he slept in a sitting position using big pillows his bed He also coughed large quantities of sputum His condition gradually grew worse Around 1945 or 1946 she noticed his color became pale and he was sick every morning until about ten o'clock He had a heart attack in 1947 which occurred at home after a hearty dinner Dr. Mendle came out and had rays taken Her husband stayed home a few days only and she denied that he had any other heart attacks She went to his place of employment several times in Sausalito This was during the war the Plant Asbestos Company had a shop there where her husband worked in connection with the shipyards She said the asbestos dust was thick in the shop Later he went to work for Western Asbestos Company where he worked in asbestos principally but also with cork covering pipes boilers and refrigerators At night his clothing would have asbestos on it examined she denied that there was any previous marriage of either her husband or herself to another She admitted that no promise of compensation had been made and no compensation had been paid and no medical treatment had been furnished or promised to her husband She said that as early as 1936 he thought that his condition was caused by his work and that he was told so by Dr. Mendle in 1947. He went to the doctor at intervals after 1947 and the doctor called at the house at times possibly a dozen times altogether He stayed off work for maybe a day or two at a time but this occurred only four or five times In 1947 he was laid up for about two weeks She denied that he had gone to a doctor for treatment in 1936 but said he went for purposes of examination for a life insurance policy She believes that the first time he had gone to a doctor was in 1947 He worked on ships off and on but he had not worked much on ships during the last five years He worked for Thorpe for one year at latter part Moss Landing of the job he she got thinks in worse and 1950 and during the complained of a crush- ing feeling in his chest However he refused to go to the doctor He was off once for five or six weeks as a result of some broken ribs during which time be received compensation and was treated by Dr. Mendle That doctor has been his only physician -o Dr. saw Robert A. Mendle testified that he graduated from U. C. been in general practice since 1945. He first the decedent January 4 1947 at which time he made a ALTA ANN KISH Claim No. 53 SF 145-939 ; February 18 1955 Page 3 diagnosis of basilar pleurisy and pulmonary fibrosis In March 1947 the symptoms had increased and the patient had a congestive heart failure Digitalis was prescribed Blood pressure was normal at that time He assumed from the history that the pulmonary fibrosis was a form of pneumoconiosis known as asbestosis It is true that such a disease progresses with- out further exposure It was in a moderate or second degree stage He advised him at that time namely in 1947 that his - condition was due to his work The patient sustained some broken ribs in January 1948 and he was off work six weeks He was working at the time for one Harry Williams The insurance carrier was Pacific Employers Insurance Company The witness stated that congestive heart failure cuts down ventilation and produces fibrosis but does not itself cause myocardial infarction or occlusion He last saw him as a patient in March 1948 and since then has seen him only socially He can only conjecture as to the effect his work had on the progression of the disease His assumption of the existence of the disease is from the history only and since no biopsy was made he is not sure of the diagnosis of asbestosis On his first visit he received a history of cramps during the night before and of shortness of breath existing for several years On his second visit in March 1947 he received a history of morning sickness and night cough and cramps also of dyspnea for six or eight months His work history was of working in asbestos for 49 years The patient was of the age of 63 at the time of his first visit His opinion of the causes of death is that the causes were acute coronary occlusion coronary sclerosis hypertrophy of the heart chronic heart congestion and cor pulmonale He believes that all of these together caused the coronary oc- clusion He believes that the asbestosis gave rise to hyper- trophy on the right side of the heart He received a history that on the date of the death decedent was working on a ship in the hold and it was difficult to obtain sufficient air He did not himself attend the autopsy The two rays taken about a year apart were essentially the same. The heart congestion of March 1947 cleared up after medication The rays showed density at the hilus and widening of the costal spaces and emphysematous Edward A. Dwyer recalled by applicant testified that he was busines business agent for the decedent's union from 1942 to 1952 The decedent worked in asbestos and cork installation and witness had worked on various jobs with the Godont His first job was in 1917 at which time he worked on tankers with him and there was plenty of asbestos dust He later worked with him in Sun Valley on construction of the hotel there This work was in the open but there was a certain amount of ALTA ANN KISH Claim No. 53 SF 145-939 February 18 1955 Page dust from handling the asbestos He also worked on a Standard 011 job with him at Richmond in a refinery and certain other jobs of short duration The last job he worked on with decedent was in 1942. He is familiar with the shop in which - decedent workeidn Sausalito in 1942 and he said there was plenty of dust there and not enough blowers closed spaces on ships besides the asbestos also smoke from the welders and burners and In working in dust there is it is dusty in the holds While working on ships there are also fumes from spraying paint but they do not work in enclosed places dur- ing the same time the painters do the spraying Applicant's attorney requested a further hearing DISPOSITION Continued for further hearing on notice EBS MAM ELDON B. SPOFFORD REFEREE ALTA ANN KISH VS WESTERN et al ASBESTOS COMPANY ELDON B. SPOFFORD Referee April 6 1955 - S. F. Claim No. Injury 53 SF March 145-939 19 1952 REPORT OF REFEREE ON CONTINUED CONTINUED HEARDIG Counsel for both sides and Agreement had been appeared and stated that a Compromise agreed on but had not yet been filed It was impossible to proceed with a hearing in this case today at any rate because of the length of other cases on the calendar Counsel stated however that there was no need for a further hearing if the settlement agreement were approved DISPOSITION Submitted on Compromise and Release Agreement to be filed EBS rva ELDON B. SPOFFORD Referee BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 53 SF 145-939 ALTA ANN KISH Applicant VS. WESTERN ASBESTOS COMPANY CHARLES AYRES COMPANY CORK INSULATION COMPANY MUNDET CORK CORPORATION PLANT ASBESTOS COMPANY J. T. THORPE AND SON INCORPORATED DUTTON ASBESTOS AND SUPPLY COMPANY ARSTRONG CORK COMPANY VAN ARSDALE PARAFFIN COMPANIES INCORPORATED PABCO PRODUCTS INCORPORATED PLANT RUBBER AND ASBESTOS COMPANY JOHNS MANVILLE COMPANY FIREMAN'S FUND INDEMNITY COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY COMPANY TRAVELERS INSURANCE COMPANY GIDDINGS SUPPLY COMPANY BAY CITIES ASBESTOS COMPANY LIMITED ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY INCORPORATED VAN FREWAR COMPANY IDEAL VENTILATING AND SHEET METAL WORKS LANGENDORF UNITED BAKERIES INCORPORATED E. B. BADGER AND SONS , ALUMINUM AND CHEMICAL CORPORATION RICHMOND SHIPBUILDING CORPORATION GENERAL INSULATION AND SUPPLY COMPANY PACIFIC EMPLOYERS INSURANCE COMPANY and Defendants ORDER APPROVING COMPROMISE AND RELEASE MAY 13 1955 IndustrialAccident State of California The parties to the above entitled action filed their compromise and release with request for its approval on May 3 1955 settling for the total amount of 2,750.00 payable by the different defendants as indicated This Commission having now considered said compromise and release as well as the entire record herein finds that it should be approved James W. Halley attorney for applicant is entitled to a lien for the reasonable value of his services in the sum of 400.00 payable out of the contribution by Fireman's Fund Indemnity Company GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that said compromise and release be and it is hereby approved payable in lump sums by the following | companies in the amounts set forth The Paraffine Companies Inc Pabco Products Inc. Plant Rubber and Asbestos Company . $ = 350.00 - Western Asbestos Company Van Arsdale Ideal Ventilating & Sheet Metal Works and State Compensation Insurance Fund - 100.00 100.00 Langendorf United Bakeries Incorporated Pacific Employers Insurance Company eo 10.00 >: 65.00 | J. L. Thorpe & Son Incorporated and United States Casualty Company tee ee ( 25.00 Aetna Casualty& Surety Company --- ++: > 25.00 Dutton Asbestos & Supply Company Kaiser Aluminum and Chemical Corporation and Industrial Indemnity Company rr 100.00 attorney's ae Charles Ayres Company and Fireman's Fund Indemnity Company less an attorney's fee of 400.00 payable to James W. Halley / attorney for applicant --- ++ ++ +f? 2,075.00 - INDUSTRIAL ACCIDENT OF THE STATE OF COMMISSION CALIFORNIA - _Bei-vhnuPrenee John J.Synon : Commissioners EBS MAM ALTA ANN KISH vs. WESTERN ASBESTOS COMPANY CHARLES AYRES COMPANY CORK INSULATION COMPANY MUNDET CORK CORPORATION PLANT ASBESTOS COMPANY J. T. THORPE AND SON INCORPORATED DUTTON ASBESTOS AND SUPPLY COMPANY ARMSTRONG CORK COMPANY VAN ARSDALE PARAFFINE COMPANIES INCORPORATED PABCO PRODUCTS INCORPORATED PLANT RUBBER AND ASBESTOS COMPANY JOHNS MANVILLE COMPANY FIREMAN'S FUND INDEMNITY COMPANY STATE COMPENSATION INSURANCE FUND UNITED STATES CASUALTY COMPANY AETNA CASUALTY AND SURETY COMPANY INDUSTRIAL INDEMNITY COMPANY TRAVELERS INSURANCE COMPANY GIDDINGS SUPPLY COMPANY BAY CITIES ASBESTOS COMPANY LIMITED ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY INCORPORATED VAN FREEAR COMPANY IDEAL VENTIL^ TINGAND SHEET METAL WORKS LANGENDORF UNITED BAKERIES INCORPORATED E. B. BADGER AND SONS COMPANY MADDEN PLUMBING AND HEATING COMPANY L. J. MADDEN Owner KAISER ALUMINUM AND CHEMICAL CORPORATION RICHMOND SHIPBUILDING CORPORATION GENERAL INSULATION AND SUPPLY COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY Eldon B. Dictated Spofford Referee May 6 1955 Claim No. 53 SF 145-939 Injury March 19 1952 REPORT OF REFEREE ON ORDER APPROVING COMPROMISE AND RELEASE The widow of an asbestos worker filed herein on January 16 1953 an application alleging that decedent aged 68 contracted asbestosis and pulmonary fibrosis as a result of numerous employments over many years resulting in death on March 19 1952 A compromise and release agreement has been filed wherein heretofore several of the defendants to pay a total of 2,750.00 in settlement nothing heretofore paid Several hearings have been held in this case *er t- ha vnAcr signed referee and many legal questions arose including the defense of the statute of limitations and there is ~ vi- dence that the decedent knew of his condition and its causal relation to his employment as early as 1947. In view of all ALTA ANN KISH Claim No. 53 SF 145-939 May 6 1955 Page 2 the difficulties in the case applicant's counsel seemed well advised to effect a settlement with the employers or their carriers during the times when the decedent had any substan- substantial length of employment and the settlement reflects in the amounts contributed the length of service with the defen- dants involved It appears to the undersigned referee and apparently also to applicant's of the litigation herein wouls nothing and that a settlement counsel that the continuance be costly and might avail is the desired solution Applicant's attorney requests a of the difficulties of the case reasonable fee and of 400.00 which in view the time consumed appears RECOMMENDATION Approve in lump payable compromise and release sums as indicated less to applicant's attorney payable by the defendants an attorney's fee of 400.00 400.00 out of the contribution of Fireman's Fund Indemnity Company EBS MAM ELDON B. SPOFFORD REFEREE BEFO THE INDUSTRIAL ALTA ACCIDENT COMMISSION OF THE STATE OF CLAIM NO 53 SF 145-939 ) ) Applicant ) ) CALIFORNIA 247 247 VS WESTERN ASBESTOS COMPANY CHARLES AYRES COMPANY ) CORK INSULATION COMPANY MUNDET CORK CORPORATION ) PLANT ASBESTOS COMPANY J. T. THORPE AND SON ) INCORPORATED DUTTON ASBESTOS AND SUPPLY COMPANY ) ARSDALE ARMSTRONG CORK COMPANY VAN , ) ) PARAFFINE COMPANIES INCORPORATED PABCO PRODUCTS INCORPORATED PLANT RUBBER AND ASBESTOS WORKS ) JOHNS MANVILLE COMPANY FIREMAN'S FUND INDEMNITY ) STATE COMPANY STATE COMPENSATION COMPENSATION INSURANCE FUND ) UNITED STATES CASUALTY COMPANY AETNA CASUALTY ) AND SURETY COMPANY INDUSTRIAL INDEMNITY COMPANY ) TRAVELERS INSURANCE COMPANY GIDDINGS SUPPLY ) COMPANY BAY CITIES ASBESTOS COMPANY LIMITED ) ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY ) INCORPORATED VAN FL FREE COMPANY IDEAL ) VENTILATING AND SHEET METAL WORKS WORKS LANGENDORF ) UNITED BAKERIES INCORPORATED E. B. BADGER AND ) SONS COMPANY MADDEN PLUMBING AND HEATING COMPANY L. J. MADDEN Owner KAISER ALUMINUM AND CHEMICAL CORPOR ; TION RICHMOND SHIPBUILDING CORPORATION GENERAL INSULATION AND SUPPLY SUPPLY COMPANY AND PACIFIC EMPLOYERS INSURANCE COMP^ NY ) ) Defendants ) ) ORDER CORRECTING ORDER APPRO APPRO COMPROMISE AND RELEASE Mailed From San Francisco rs edad State of State of Ch fee ane on a Office Order Approving Compromise Compromise wherein it appears that one of and the Release having issued May 16 1955 defendant employers was incorrectly named IT IS ORDERED that the title of the employer named as Plant Rubber and Asbestos Company stand corrected to show the name to be Plant hubber and Asbestos Works 18.38 18.38 L wrth 1378.50 1378.50 1378.50 INDUSTRIAL ACCIDENT COMMISSION OF THE STATE STATE OF CALIFORNIA 1916.77 1916.77 F. A. LAWRENCE 329527 JOHN J. SYNON Commissioners 2350 2350 2350 em A eager 2945.27 bil + 400 400 400400 400 ALT ANN KISH vs WESTERN ASBESTOS Eldon B. Spofford June 3 1955 Referee COMPANY et al Claim No. 53 SF 145-939 Injury March 19 1952 REPORT OF REFEREE ON ORDER ORDER APPROVING COMPROMISE CORRECTING AND RELEASE Order approving compromise and release issued herein May 16 1955 stating that of the total settlement figure the sum of 350.00 350.00 was to be paid by The Pabco Products Inc. Plant Paraffine Companies Inc. Counsel for said employers Rubber and Asbestos Company in the name of have now called attention to the error is the latter employer stating that the correct name Plant Rubber and Asbestos Works and it appears from the compromise and release agreement that Plant rubber and Asbestos Works was named and the Works word The Company referee is should be corrected to read accordingly attaching an order for such correction EBS mam ELDON B. SPOFFORD Referee