Document 6wp5y89KEaZGwRbrz390exDno

FILE NAME Manville JMA DATE 1964 DOC JMA146 DOCUMENT DESCRIPTION Contract Unit Claim File Ollie Rogers WORKERS COMPENSATION APPEALS BOARD - COMISION INDUSTRIAL ACCIDENT CALIFORNIA prior COMMISSION to 1966 APPLICANT OLLIE ROGERS -_ Insulation Mechanic DATE CLAIM FILED June 23 1964 INJURY ALLEGED Pulmonary Fibrosis ALLEGED DATE OF INJURY 1942-1962 , CASE LB 26779 EMPLOYER INSURER Co. Thorp Insulation Co./Firemen's Co./Firemen's Fund Ins et al including M Products Corp./Travelers Corp./Travelers OTHER NOTES No apparent Canadian carrier Asbestosis fibrosis Applicant condition reopened case 1970 due to deteriorating DATE OF RESOLUTION July 11 1966 RESOLUTION Findings & Award 14,280 settlement ad Oct. 22 1971 Compromise & Release 11,294 settlement - DOCUMENTS COPIED 1 Compromise & Release & Order Approving # OF PAGE 7 2 May 26 1966 Rpt of Dr. Urabec to Pacific Employers 4 CLAIMANT Ollie Rogers California Workers | Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. oAmerican Automobile Ins Co. oAmerican Employers Ins Co. oAmerican Motorists Ins Co. oArgonaut Ins Co. OAssociated California California Indemnity Corp. Casualty Indemnity Exchange Compensation & Fire Co. oCasualty Ins Co. of California Employers Liability Assurance Corp. Employers Mutual Liability Ins Co. of Wisconsin - | oFidelity & Casualty Co. of New York Fireman's Fund Ins Co. Assurance oGeneral Accident Fire oGlobe Indemnity Co. _ & Life Assurance Corp. . Ltd. oGuarantee Insurance Co. oGreat American Ins Co. oHardware Mutual Casualty Co. Industrial Indemnity Co. Sentry oIndustrial Indemnity Exchange oInsurance Co. of North America Ins Co. Co. oLiberty Mutual Ins Co. OLumberman's Mutual Casualty Co. Maryland Casualty Co. oMichigan Mutual Liability Co. oMission Insurance Co. oNational Automobile & Casualty ONew Amsterdam Casualty Co. Ins Co. oOcean Accident & Guarantee Corp. Ltd. Pacific Employers Ins Co. oPacific Indemnity Co. oReliance Ins Co. Standard Accident Ins oRoyal Indemnity Co. U.S. oSecurity Ins Co. of Hartford State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins Co. Casualty Ins Co. oThe United Pacific Ins Co. OU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. o0 0 34 5/81 mmfmmf e SCHEDULE OF CONTRIBUTIONS ' LOUIS FIRE BRICK & INSULATION COMPANY < .IFORNIA COMPENSATION & FIRE COMPANY MANVILLE PRODUCTS CORPORATION THE TRAVELERS INSURANCE COMPANY .034 .185 ROTHSCHILD OIL COMPANY MARYLAND CASUALTY INSURANCE COMPANY BECHTEL CORPORATION INDUSTRIAL INDEMNITY INSURANCE COMPANY . .003 .005 MARINE ENGINEER PACIFIC EMPLOYERS INSURANCE COMPANY A DET CORPORATION A NA CASUALTY & SURETY COMPANY .220 .008 GOLDEN BEAR OIL COMPANY STATE COMPENSATION INSURANCE FUND .013 PURITAN ICE COMPANY CALIFORNIA CASUALTY INDEMNITY COMPANY .005 FIBERGLASS ENGINEERING & SUPPLY COMPANY AETNA CASUALTY & SURETY COMPANY .006 THORPE INSULATION COMPANY FIREMAN'S FUND INSURANCE COMPANY .521 1 AL CONTRIBUTIONS OLLIE W. ROGERS - WCAB Case No 64 LB 26779 CONTRIBUTION CONTRIBUTION $ 384.00 2,089.39 33.88 56.47 2,258.80 90.35 146.82 146.82 56.47 67.76 6,110.06 11,294.00 11,294.00 PROCES AND OCT DIY STUD : OPRECT 20 PROCESPROCES 42 '71 ( C Re Ollie Rogers The patient was referred to the ray department of the Hospital of the Good Samaritan for chest rays These were reported as follows Chest anterior and lateral views of the chest show the heart to measure 14 cm while the chest measures 31 cm Both costophrenic angles are blunted and there is thickened pleura along both lateral chest walls The bronchovascular markings are prominent in both bases more so on the right near the heart border There is a fibrotic ance with the possibility of small cysts in the right apex with a coanpspiedaerr-- able pleural cap Minor fissure is depressed A lateral film considerable degenerative change of the dorsal spine demonstrates There is an .. overlying soft tissue density on the lower two or three vertebral bodies which would suggest parenchymal lesion Whether this is acute the findings are not known as old films are not available for comparison " * s R. E. Levis a The diagnosis of this pulmonary condition is established by the lung biopsy which showed the findings of an asbestosis He has a disability but at this time it is partial only permanent He is physically able to perform light type of work As regards liability of his condition I believe this must be apportioned by his various employers and this is on the duration of his employment and by the type of work in whdiecphenhdeenwtas engaged As stated above he is physically able to do light type of work and should be encouraged to do so However he should avoid an atmosphere of potentially harmful dusts since it might cause an aggravation of his present underlying condition Very truly yours John H. Urabec M. D. WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 OLLIE M. ROGERS F&F | CASE No. 64 LB 26779 5 Applicant DB VS. 0 ) 7 FIBERGLASS ENGINEERING & 8 SUPPLY COMPANY CERTIFICATION CERTIFICATION o Defendant' } I hereby certify that the attached documents are true and correct copies of the original documents filed in the records of this office in the entitled matter ATTEST my hand and the Seal of the Workers Compensation 14 Appeals Board of the State of California 19 ---- --"-- 20 Workers Compensation Compensation Judge Appeals Board Board 21 23 24 Dated at San Francisco 21 California this of April 1981 3rd day DIA WCAS FORM 15 NEW 1.75 CONT OF DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ACCIDENTS VORCEN'S COMPENSATION APPEALS BOARD ay | 7 STATE OF CALIFORNIA 3 | OLLIE M. ROGERS ) 15 Applicant } " ) 1 FIBERGLASS ENGINEERING & SUPPLY CO i AETNA CASUALTY & SURETY CO ) { , MARINE ENGINEERING CO ) * PACIFIC EMPLOYERS INSURANCE CO , BALDWIN HILL ) ; AETNA CASUALTY & SURETY CO ) Case No. 64 LB 25779 ; THORPE INSULATION COMPANY FIREMAN'S FUND INSURANCE CO , MANVILLE PRODUCTS CO THE TRAVELERS INSURANCE CO ORDER APPROVING COMPROMISE AND RELEASE ) PURITAN ICE CO ) ; CALIFORNIA CASUALTY INDEMNITY CO | ) GOLDEN BEAR OIL CO ' STATE COMPENSATION INSURANCE FUND ) i ST LOUIS FIRE BRICK CO ) } CALIFORNIA COMPENSATION & FIRE CO ) ROTHCHILD OIL CO ) MARY LAND CASUALTY CO ) | BECHMEL CORPORATION ) ' INDUSTRIAL INDEMNITY CO ) Defendants Applicant received a Findings and Award July 11 1966 of : 68 based on a limitation to light work without dust environment and further medical treatment this has been paid in full in the amount of 14,280.00 A Petition to Reopen is filed and the parties now settle this case for the additional sum of 11,294.00 Applicant ha worsened Dr. Goldfarb finds him limited to sedentary work Dr. Dickstein finds him totally disabled Based upon the fact that deat benefits cannot be awarded in the future due to jurisdictional limi tation the settlement is adequate for lifetime benefits and will : permit the Applicant to enjoy present benefits thereby -1- 1 The , contributions are in accordance with the agreement Fireman's i 2 Fund Insurance Company shall pay the following liens Levy Endriss a Dr. Edward Dickstein 294.00 294.00 = ; Levy & Van Bourg costs 55.18 Photocopy Service 21.00 & Van Bourg fees 1,000.00 5 The parties to the above entitled action have filed a 6 Compromise and Release herein on October 20 settling this 1971 ca 7 11,294.00 for in addition to all sums which have been previou 8 paid and requesting that it be approved and this Board having considere the entire record including said Compromise and Release now finds 10 that it should be approved and 11 IT IS ORDERED that said Compromise and Release is approved 12 AWARD is made in favor of OLLIE W. ROGERS Against AETNA CASUALTY & SURETY CO PACIFIC EMPLOYERS 14 | INSURANCE CO INDUSTRIAL INDEMNITY CO MARYLAND CASUALTY INSURANCI INDEMNITY 15 CO CALIFORNIA CASUALTY & CO STATE COMPENSATION INSURA .16 | FUND CALIFORNIA COMPENSATION & FIRE CO FIREMAN'S FUND INSURANCE ( 17 TRAVELERS INSURANCE CO 18 Payable as follows | 19 By CALIFORNIA COMPENSATION & FIRE CO 20 To Ollie W. Rogers applicant ; $ 384.00 By 21 22 By ct THE TRAVELERS INSURANCE CO To Ollie W. Rogers applicant MARYLAND CASUALTY INSURANCE CO To Ollie W. Rogers applicant 1 By INDUSTRIAL INDEMNITY CO 24 To Ollie W. Roger applicant 25 | By PACIFIC EMPLOYERS INSURANCE CO | 26 | To Ollie W. Roger applicant By AETNA CASUALTY & SURETY CO 27 . To Ollie W. Roger applicant 73 | By 4 STATE COMPENSATION INSURANCE FUND To Ollie W. Roger applicant By ai: CALIFORNIA CASUALTY INDEMNITY CO To Ollie W. Roger applicant . 2,089.39 2,089.39 33.88 56.41 56.41 2,258.8c 158.11 146.82 146.82 56.47 56.47 |64 LB 26779 | -2- [ ; By FIREMAN'S FUND INSURANCE CO f 2 ji 10 i vanes j To Dr. Edward Dickstein lien claimant $ 294.00 Endriss Photocopy Service lien 21.00 Levy & Van Bourg lien claimant 55.18 Levy & Van Bourg attys 1000.00 _ Total liens 1370.18 re W. Ollie Rogers applicant ... We eae # Total due oN ^ 4739.88 6,110 | Sys ; ao fe / Long Beach California | SERVED ON ALL PARTIES LISTED ON OFFICIAL ADDRESS RECORD Byjily Byjily i | Boris Raynes Referee WORKMEN'S COMPENSATION APPEALS BOA t i | cae 1971 | a iz? CCT 22 j LONG LONG BEACH OFFICE | 4 228 64 LB 25779 -3- Fa / 3. ; / 4 (+ INSTRUCTIONS not " not use this form in death cases Use Form 16. Do not use in party cases Use 17 the injured employee be under 21 years of age and a guardian ad litem has not been guardian ad litem and trustee must accompany this agreement previously appointed a The guardian must sign this agreement on behalf of an injured employee who is under 21 are of 14 such minor should also sign this agreement years of age If ach all medical reports not heretofore submitted to the Workmen's Compensation Appeals Board and advise when - petition for appointment the minor is above the other reports were filed COMPROMISE AND RELEASE STATE OF CALIFORNIA HUMAN RELATIONS AGENCY DEPARTMENT OF INDUSTRIAL RELATIONS WORKMEN'S COMPENSATION APPEALS BOARD . CASE NO.64 26779 99 - Mr. ( 99 ) OLLE OLLE VS. W. ROGERS ROGERS APPLICANT VARIOUS EMPLOYERS RIOUS CARRIERS CORRECT NAME NAME OFOF ENPLOYER ENPLOYER . NAME OF SOCIAL SECURITY 555-01-3895 6351.Ridgeview Avenue Mira Loma CaliforniCa alifornia 91752 . ADDRESS ADADDDRERSSESS v 087/209/01 087/209/01 087/209/01 CROCESS 087/209/01 CORRECTE CROCESS 087/209/01 CORRECTE FILM 087/209/01 CROCESS 087/209/01 7) 087/209/01 es COR ECTE 087/209/01 ae 087/209/01 1 Ollie W. Rogers Between 1942 through December claims that he was employed on 17 Insulation Worker IOGEOPATION employee herein born oFn ebruary through December 1963 of MONTH 19_fat YEAR CITY ) _by Various Employers NAME OF EMPLOYER 13 1905 ys STATE then insured as to workmen's compensation liability Various Carriers STATE NAME OF CARATER ON WHETHER INGUASD _and that of exposure to asbestos follows he sustained an injury arising out of and in the course of his employment as employment lungs and chest and respiratory system result Alleges injury to his and other parts materials The Compromise and Release is intendedto cover any and all of the body claimed to have been injuredas aresult of said exposure E he actual weekly wages of the employee at the time of injury were Maximum while the average weekly wages were $ 1000 ny pocorn commen tet ecemmremnt 3. The employee's present disability is in dispute d the employee noreturned to work STATE PRESENT DISABILITY RESULTING FRON THE INJUNT IP DO STATE WHEN 4. a Temporary disability indemnity has been paid to the employee in the sum of .3,730.00at .3,730.00at 70.00 -per week including 5/6/65 4/29/64 4/29/64to and The amount due and to unpaid 14,280.0 14,280.0 14,280.00 covering b Permanent disability indemnity has been paid to the employee in the sum of 1111 employee is $.None_ period .to 5. The parties hereby agree to settle any and all claims on account of said injury by the payment of the sum of 11,294,00 in addition to any sums heretofore paid by the employer or the insurer to the employee said sum to be payable as follows any attorney's fees as allbo y w theed Appeals Board loss lien of 355 pi 6. Medical and hospital expenses have been paid None ..by the employee and Service All _by the employer or carrier Unpaid bills amount to .... None Future medical and hospital expense is estimated at .. Unpaid and * ture medical and hospital expense is to be assumed as follows All applicannonte by DIA WAS WAS Le 15 PAGE ) REV 6.69 41161.901 9-75 734 C SP oa he . Beach Calif Name and address of employee's attorney if any Levy & Van Van Bourg 110 W. Long Ocean Boulevard 90802 _ * Said attorney requests a fee of 1,000.00 Amount of attorney fee previously paid if any $ . an ree Reason for Compromise SEE PAGE TWO AND HALF 10. The undersigned request that this Compromise Agreement and Release be approved Upon approval of this Compromise Agreement by the Workmen's payment in accordance with the provisions hereof said Compensation Appeals Board or a Refree and insurance carrier from all claims and of employee releases and forever discharges said employer and rdevelop as a result of said causes action whether now known or ascertained or which may hereafter arise injury including any and all liability of said employer and said insurance carrier of them to the dependents beirs executors representatives administrators or assigns of said employee and each 12. It is agreed by all parties hereto that the filing of this document is the and that the W.C.A.B. may its discretion set the matter for filing of an application on behalf of the employee hearing as a regular application reserving to the parties 13. For the purpose of determining the lien claim filed herein for the unemployment compensation benefits and extended duration unemployment benefits compensation disability benefits or California Unemployment Insurance Code the which have been paid under or pursuant to the parties propose the following division of the sum agreed upon for settlement and release of this case $e _ for temporary disability covering the period _for accrued medical expense paid or incurred by the empl- oyee .to $ for neem for future medical care $ eraeeesssnnenenneee for permanent disability The above segregation must be fair and reasonable and must be based on the real facts of the no attempt made to deprive the lien claimant of a reasonable case There should be Rule $$ requires proof of service of a copy of this recovery consistent agreement on such Lien with all the amounts involved W.C.A.B. Claimant , } this 29 .day as ke 1971 7 a WITNESS the signature hereof by of a yi 1971 at - WITNESSES THE INJURED APPLICANT'S SIGNATURE SIGNATURE MUST BE ATTESTED BY TWO DISINTERESTED PERSONS OR ACKNOWLEDGEO BEFORE A MOTARY PUBLIC STATE OF CALIFORNIA RICHARDROGERS APPLICANT RICHARD J CANTRELL BY : JOSEPH JOSEPH INSURANCE COMPANY , & NELSON , JONESJONESJONES 7 On this 2.2 day tory Public in said County . of ? and the for said nny A.D. 19.7 , before me . and State residing therein duly commissioned and suom personally ~ appeared and Oe residing known to me to be the person whose name 22282400 coco. subscribed to the within Instrument and acknowledged to me that he .. IN WITNESS WH^reopI have hereunto set hand and cxecuted the same cse cse written my affixed my official seal the day and year in this Certificate first See Dawn Dawn F Ose 15 IPAGE 2 IPEV 6.001 fi bah Kb Kot $ Notary Public in and for said County and State of California 41 93-85 41193-85 3.90 73M .. 0 03S 1 . REASONS FOR COMPROMISE There is a dispute as to whether or not , ,the Petition to Reopen for new and further disability should be 3 granted The parties desire to avoid the hazards delays and 4 costs of further litigation Defendants desire to buy their peace an The applicant desires to control any and all further medical OO which may be necessitated as a result of the injury The applicant 7 desires a sum certain at this time 8 9 10 11 In further consideration of the payment in accordance to herewith applicant agrees that this release will apply all unknown and unanticipated injuries and damages resulting from such accident casualty event and employment as well as all those now disclosed and all rights under Section 1542 of the Civil Code of California are hereby expressly waived Section 1542 of the Civil Code of California reads as follows A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtorIt In further consideration of the payment of the aforesaid sum applicant agrees that this release extends to and covers the executors administrators heirs representatives successors assigns officers directors agents servants and employees of the defendantansd each of them and the physicians surgeons and nurses of the defendants and each of them whether acting individually or on behalf of them or either of them 4 . Soa. Attorney for a a, BAe ef Applicant or, eae ae og . re ee Applicant & Rev 2.64 42 20 ASTRA CASUALTY INSURANCE COMPANY FACIFIC EMPLOYERS INSURANCE COMPANY INDUSTRIAL INDEMNITY INSURANCE COMPANY - MARYLAND CASUALTY INSURANCE COMPANY CALIFORNIA CASUALTY & INDEMNITY INDEMNITY COMPANY STATE COMPENSATION INSURANCE FUND KEND Gast Gast STOCKWELL :GLEASONGLEASON ROBERTS ROBERTS & THOMASO THOMASO - +t] Pm. MANSELL & MANSELL GIpOE BY <q . { = GINOCCHIO ZONNI BY ee & TAYLOR 6-77 THE TRAVELERS INSURANCE COMPANY 5 NELSON OLLIE W. ROGERS - WCAB Case No 64 LB 26779 PROCESS ASCH 35EUSE 209