Document 6wr6Jm907k4r6KLgYv9NzKnq3

FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1959 DOC#: IWC019 DOCUMENT DESCRIPTION: Claimant - Cuthbertson, Robert F. /.C L A R K SB U R G ^ T U ' SA ST LOUIS C H IC A G O LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW O RLEANS MIAMI PHILADELPHIA A ij^ a x d k k & \ I X A 1 DIKIIS INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORT H C H A R L E S S T R E E T , BALTI MORE IB, MD. April 25, 1961 Mr. William L. Hughes, Manager Insurance Department Armstrong, Cork Company Lancaster, Pennsylvania. P.'. r: Travelers Policy No S90S t f u e *3sc>2'T> 9 LAD 105 r _____ Dear Sir:- Please note disposition made of the following claim: Date of Accident: July ^ 1954 Claimant: Robert F. Cuthbertson Location: San Francisco, California Claim No.: B-8972691 Disposition: $383.06 - Expense Remarks : We do not appear to have received a previous report of this case. TELEPHONE TUXEDO 9-A30A BELL SYSTEM TELETYPE BA S2 CABLE ADDRESS "ALEABLUE" Indicate Whether: Workmen's Comp. y Auto Liability B.I.___ P.D.___ General Liability B.I. P.D. Very truly yours, ALEXANDER & ALEXANDER INC. LOSS DEPARTMENT / INTE OFFICE COMMUNICATION CONTRACTING Ja ma ry 11, 1961 To J * E . Z e lle r , Lancaster From A . L . Sto k ely, San Francisco Sublet In d u stria l Accident Conmission - C a lifo rn ia Case No* 59 OAK 1053 Robert F* Cuthbertson Attached is a copy of a d e cisio n a fte r reconsideration recently received by us* DJM i BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OP CALIFORNIA CASE NO. 59 OAK 1053 ROBERT F. CUTHBERTSON ) i Applicant ) 5 v ) DECISION AFTER RECONSIDERATION 6 PLANT ASBESTOS COMPANY, J. T. ) THORPE, WESTERN ASBESTOS COMPANY, 7 ARMSTRONO CORK, TRAVELERS INSURANCE ) COMPANY, INDUSTRIAL INDEMNITY 3 COMPANY, PACIFIC EMPLOYERS ) INSURANCE COMPANY, STANDARD 9 ACCIDENT INSURANCE COMPANY, and ) STATE COMPENSATION INSURANCE FUND MiM fmm ftMCitwOflki JAN4 1061 Indvtffjfii Cammhtioo l effitt Of California Defendants 11 12 Reconsideration having Lean granted herein and the 13 natter having been carefully considered^ including the report of x '\ N>s > ! 4 examination by the Independent Medics?. Examiner, as w^ll as the i * record as a whole, this Commission hpw concludes that further L{> proceedings are not essential for th disposition of the claim, 17 and makes its Decision After Reconsideration, as follows 13 GOOD CAUSE APPEARING THEREFOR, 1'1 IT IS ORDERED that the Findings and Order, filed herein . ) December 15, 1959 be, and the same hereby is, affirmed and adopted as the Decision After Reconsideration. O ' INDUSTRIAL ACCIDENT COMMISSION o OF THE STATE OF CALIFORNIA F - A. LAV.'n O C S El 3N .. . il-ViLESS Commissioners RGRSRT F. C TSON December 29, i960 V. PLANT ASBESTOS COMPANY, et al CASS SO, 59 OAK 1053 REPORT OF PANEL OKS Based upon the report dated March 30, i960 by Dr. Shipman. Independent Medical Examiner, it is the conclusion o f t h e Panel that applicant did not sustain injury arising out of his employments from July 1947 through December 1958. The Panel further concludes that the disability ecmmlained of by applicant was not caused by any injury arising out of and occurring in the course of his employments. Decision After Reconsideration should accordingly issue. INDUSTRIAL ACCIDENT COMMISSION OF THE STATS OF CALIFORNIA --------------- a Tr.vrmTmir ELTON C. LAV,'LESS Commissioners * ROBERT I. CCXKBXRTSOX TS. STATE COMFEKASXOll ZXSQIUECX POT, et 1, Gland X, Bun. Rifirw m n r t i y 13 W O . Claim No. OAK 1053 r t o i t <y referee ox S E c m o * m m m m i m u t n m l t f m Anbele, ute heard practically this entire natter. issued a denial ward, tin claim being m m of achestoeis. Tin natter was exhaustively handled medically. Subsequent to tin submission of tin U M . t h t Mwtiia t m t l B K unon is lndeocndont -- examiner. H. Corwin Klnahaw, X.D.. served in this capacity. Tin Panel, wishing farther of t-frt problem, itself authorised an ****4 by Sidney Shipman, M.D. it was for the oross-exanlnatien of thin doetor that the natter was assigned to this Referee* The three doetors, Klnshew, Shipman and Brown, are In unanimity in their opinion that the applicant does have asbestos particles in his lungs, but they ere non-disabling, do not require treatment, and that the degree of observation required as a result thereof is not any mere than anyone else* Based thereon this Referee submits as reeommendatien to the Panel a ratification of the decision originally issued by Referee Ankele, She same is submitted herewith. CMP bw CLAUD X. Pen, Referee CTHa&aTSQU-- 59 OAX 1055 CLAUD H, D i m , Referee San Francisco, 7-6-o Injury: Aubeetoils REPORT OF R1FRREK OK HBARIKO AFTER RE-HSAIUHO QRAHTBP EIDHKT SHXPMAB, H*D., qualifications stipulated, testified that pursuant to the appointment by the Panel, he had seen the applicant nnd that there had been made available to him the Sthologlcal report, laboratory analysis e reports of Brs, Watson and Klnahaw . of lung tissue and Testified that there was no demonstrable evidence of asbestosis. There was no disability at that tine, but the man did have asbestos particles in the lungs, as well as a fibrosis As the years go by the man may develop symptom* but he does not have them now Be does have an occupational foundation there* for. Complaints of chest pain, vague in location, were compatible with asbestosis, and periodto x-rays, due to the presence In the lungs of the asbestos bodies, were Indicated the same as for everyone else working In s similar line of wage earning capacity as the applicant but no greater Testified that It was his opinion tost as yet the man did not have any lung dis* ease He probably would not have There was, however, defi nite evidence of the existence In the man* s lungs of asbestos bodies adequate in sise to produce the disease. Testified that he made this statement even though the symptme were not en tirely consistent with the diagnosis of ssbestosls. He differ entiated between silicosis end ssbestosls in that silicosis set up s flbrotlc reaction which asbestosis did not. Testified that the applicant ought to have x-rays every six months for several years and then the same every year the same as every other employee similarly employed. Testified It was true that there were bodies present in the lungs and there was some tissue reaction but that these conditions were insufficient to cause disability. Testified after cross--examination of all tho various counsel present that he was still of the same opinion as set forth in his report* DXSfOSmOHt (See Minutes of Hearing) CHDtlp CLAUD DUNK, Referee !HTB / ________________________________ O F F IC E COMMUNICATION May 18, I960 \ m ^trong To J . E Z e lle r * L an caster From A* L s t o k e ly , San F r a n c is c o Subject Robert F . C u thbertaon vs Employers N otice o f Time & Bace o f Further Hearing Case 59 OAK 1053 o o I 960 VtfLH A ttached i s our n o t if ic a t io n o f the Tine and P lace o f Further Hearing fo r the case of the a p p lic a n t versus the l i s t e d defendente You will n o tic e that this was also served on Travelers Insurance Company. We assume you w i ll want to forward to Armstrong Cork CoBq3any*s Insurance Department DJM %cL * Before the Industrial Accident Commission j of the State of California / Cate N o #9 OAK 10$3 ROBERT P . OUTHHBRTSON, * I Applicant_\ vs. / FIA IT ASBESTOS COMPANY, J . T. THORPE, WESTERN ASBESTOS COMPANY, ARMSTRONG CORK, TRAVELERS INSURANCE COMPANY, P A C m c EMPTX)YERS INSURANCE COMPANY, STANDARD ACCIDENT INSURANCE COMPANY, INDUSTRIAL INDEMNITY COMPANY, and STATE COMPENSATION INSURANCE FUND, I Defendant_ Notice of Time and Place of Further Hearing NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the above-entitled action at ` * ,tedat: San F ra u d to o , May 1 6 , I960 C a lif. ROOM ZZ0 ? k S S GOLDEN CATE AVENUE SAH FRAifiTSCO, CALIFORNIA JU LY 6 , I960 -- 9100 A . M. CROSS EXAMINE OR, SHIPMAN ON RECONSIDERATION GRAFTED. in d u st r ia l a c c id e n t com m ission NOTE: CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. SERVICE UPON: Robert F. Cuthbartaon, 21*38 Garvin Ava., Riehmond, Calif. Smith & Parriah, $01 Pinanolal Cantar Bldg., Oakland, Calif. Plant Asbastot, 1300 * 6fi.th St., Emaryvilla, Calif. J. T. Thorpa, 1351 Ooaan Ava,, Sarryvilla, Calif. Vastarn Aabaatoa, 675 Townaaad Ft., San Franoiaoo, Calif. Armstrong Cork, 301* Shaw Road, Fan F r a n c is c o , C a l i f . Traveler a Inauranoa Co*, 315 Montgomery St., San Pranoisco, Calif. Paolflo Employers Insurance Co., 24J4. Pina St., S a n Franoiaoo, Calif. Stata Compensation Inauranoa Fund, Personal Service Industrial Indemnity Co,f 350 Sanon St., San Franoiaoo 6, Calif. Hanna h Prophy, 100 Bush rt., San Franoiaoo, Calif. Mullan e Pillppl, 31$ Montgamary St., San Franoiaoo !* Calif. Standard Occident Insurance C o ., 1*33 C a lifo rn ia S t . , 5 .F ., C a l i f . ROBERT P. CUTHBERTSON May 3, 1960 v* PLANT ASBESTOS COMPANT, J# T. THORPE, et *1 Case No OAJC 1053 REPORT OF PANEL ONE Pursuant to roquost dated A p r U 21, I960, by applicant, tho csso should bs returned to the calendar for cross examination of Dr# Shipman, the independent medical examiner# INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OP CAUPGRNIA MaiW FromSanffsoeisccOffice I-. A. LAV.-REIICtf Indvst ___ . i- Commissioners p> Deputy fcommistioiMi inter/ _____________________ ______ O f Ft CE COMMUNICATION N /mstrong C O N T R A C T I N G Februar#- 11, 1 9 6 0 ^ To J . E . Z e lle r , Lancaster From j # s , Taylor, San Francisco Subject Order Granting A p p lican t' s P e titio n for Reconsideration I \ Robert F . Cuthbertson vs. Employers / I' 1 Enclosed notice of granting ap p lican t's p etition for reconsidera tion in connection with the above c a se , w ill We assume you/want to forward this to the Insurance Department. DJM FORM 1801 1-5 A J 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA" 2 CASE NO. OAK 1053 4 3 4 ROBERT F. CUTHBERTSON, 5 Applicant 6 ORDER CHIANTINO APPLICANT'S ` 7 PETITION FOR RECONSIDERATION , P U N T ASBESTOS COMPANY, J. T. THORPE, WESTERN ASBESTOS COMPANY, ARMSTRONG 8 CORK, TRAVELERS INSURANCE COMPANY, INDUSTRIAL INDEMNITY COMPANY, 9 PACIFIC EMPLOYERS INSURANCE COMPANY, Hated fists U Wi,M STANDARD ACCIDENT INSURANCE COMPANY 10 and STATE COMPENSATION INSURANCE FUND, 11 Defendants 12 13 GOOD CAUSE APPEARING T H E R E F O R ^ ^ 14 IT IS ORDERED that appll etition for Reconsideration, 15 filed herein January 4* I960. the same hereby is, granted. 16 TRIAL ACCIDENT COMMISSION 17 THE STATE OF CALIFORNIA 18 F A. LA'.vp.rricF. 19 20 ELTON c. LAWLESS 21 Deputy EDMUND J . THOMAS, JR.,. Cnmiiiiisiontt 22 Commissioners 23 24 25 26 O*v.'t/ ROBERT P. CUTHBERXSQN January 28, I960 v. P U N T ASBESTOS COMPANY, tt al Case No. OAK 1 REPORT OF PANEL ONE Tha Panal is of ths opinion that a report of a independent medical examiner will be of assist to it in the determination of the issue presen The Petition for Reconsideration is therefore to obtain the opinion of such an examiner, if parties so agree. INDUSTRIAL ACCIDEN OP THE STATE OP 'A'. LAV c. la iXA-L j riior:.'. 'Commissi ** AWUUA. iUSTAlUU Oakland l-0-d0 CUTKBERX30lt-*LADI HO. OAK 1053 Injury! Asbestosis XXFOHT OF RXFJSUB ON APPLICANT'3 PETITION FOR RECONSIDERATION __Itaa daft February *o r n * i9as* * * - * finding and Order to the effect that applicant flo?ii22*a?U!!f?1i J S y artalng out of or occurring In the eourM of hla employment was Barred and filed on December 15, PPHeant petltlona for reconelderatlon contending that the erldance does not Justify the denial *he preponderance of medical evidence in this oaae dearly indicates that the applicant does not have asbestools. ** i t h o i S r t 2 * U S L i ? pllc*nt quot*` froB " * rp*rt ot ** PdJT dfipoaition is moderately advanced*." This is definitely not a finding of asbestosla. AU<jnt a i m lotm fro. m i portion of tte tmtlaonr of Dr. 2 f*T*r tle conclusion of 1 Corwin Hinshew. M n < t* l . thnt pplint d o m not h n r . m m t w i a . tb. oonclmlon gf Cbot Broun, X. D. l n u T r ^ o r t ' ^ f - g " r *9* 1959 Dr Brown was the agreed examiner. The Answers filed by the various defendants heroin i m % 2 U ? * applloant' m i t i o n for a S t o S L w J. * & J T S . ' S w JoS: " " t0 * W l l m n t oho u " JUlN JOBM H. AHCXU, ItefOr From SNc* j . s. Taylor, Sa n Fra ixiaco Nptice of Findings & Order In d u stria l Accident Commision of the State o f C a lifo r n ia Robert F . Cuthbertson O (Arm strong a?d r? er reaultln from the claim of Robert F . to an Asbestoss*is vcalraioimus. lo c a l in su latio n contractors pertaining r e c a llJ e a rlie r in the year we received from the Armstrone Company a d etailed lis t in g of employment of this applicant 8 with the request that we substantuate the products used^by him E hbZeaLuadIrIy, 'Itn?s*u*anc' e ^A^djuystmorn, b *nd report same to S r . l i c ^ r d anaSo r d e r r U " 1 U W*nt t0 n t l f y the COrk CoraPany f thla findings DJM wxirt n. ahxusus, itereree Oakland, August 13, 1959 UOTHBJSHTSON -- 59 OAK 1053 Injury: Asbestosis REPORT OP REPEREE The employee, an Insulator, b o m May 4, 1928, claims to have contracted asbestosis as a result of his employment. Nothing nas been paid. ISSUES: 1. Injury. 2. Medical. 3. Statute of limitations. . 4. Lack of notice and prejudice. 5. Jurisdiction -- maritime. APPLICANT testified in substance as follows: He obtained the employment records from the union and the employers. In Jily of 1947 he started to work for the Plant Asbestos Company and worked through January of 1948. The period of employment was about seven months. He worked on ships for this employer, and cork was used for insulation. ^ 9* He worked for J. T. Thorpe from May to December, 1$4,8. applying asbestos Insulation on one Job in Tracey and one at-Hunter's Point. a ^2*?? kus? at PG&E. He cut and fitted asbestos material and used wire and mud In the application. This work went through January of* 1949. The places where he worked were enclosed and there would be dust there. Others were on the Job. He then worked for the Western Asbestos Conpany from January. 1949. to May of 1949. On that Job there was also some insulation of asbestos material for PG&E, and also for the Union Oil Company. again for J. T. Thorpe from May 11th through August 1949. This work included Pibreboard Products at Antioch. Hie work was all in an enclosed area. It was hot and dusty, and there was dust from asbestos material. J Prom August 11, 1949, through February, 1950, he worked for the "a*5 at Pibreboard Products at Antioch, woric w&s the same and thd conditions tho ssjbc Prom March 13, 1950, to August 3, 1950, he worked for the Western Asbestos Company on a PG&E power house at Moss Landing. This was the same type of asbestos insulation, and it was in enclosed and dusty places. . 0 September 3, 1950, he again worked for Plant Asbestos at Galland Laundry. This Job was very hot and dusty September 13, 1950, to July 17, 1954, he worked for the Armstrong Cork company, Hiere were about nine months at the PG&E plant in Antioch in 1950 and he worked at Travis Air Force Base moat of the balance of the time. Also he worked in this period at Regal Pale for two months PILED AND ajsnvoui uc.u x o iwc On all parties of record-- R .Crowley HffORE THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OP CAUPORNIA 1 CLAIM HO. OAK 1053 2 3 4 ROBERT F. CUTHBERTSON ) Applicant 5 6 V8. 7 WPELSAUTrERANSBAESSBTEOSSTOCSOMCPOAMNPYA,NY, ASRJjJSTSRSOJN!O2' ) 8 CORK TRAVELERS INSURANCE COMPANY, r ^ T R T A L I^EMNITY COMPANY, ^ i ^ ^ i r r a f f l O Y S s INSURANCE COMPANY, 9 SguSSarsusae ) 10 findings and order 11 12 Th, above entitled matter having been regularly aubltt.<l 13 ,1 n- njAfPirnc said Referee now makes his decision 14 before John H. Ankele, Referee, aaia 15 as follows: FINDINGS OF f a c t 16 1. The applicant aa ployed by the various - P l o y TM 17 18 above named from July. 19*7 through December. 1958. and allege. he sustained an injury arising out of and occurring in the 19 20 course of his said employments, consisting of asbestosls, 2 Applicant did not sustain any injury arising out of 21 22 23 24 25 26 27 28 29 December, 1958* 3 , Ths disability of which applicant complalna waa not proximatcly caused. or caused at all. h, any Injury arlaing cut of or occurring in th. course of hi. employments, or by hi. s * l o y n t . . ORDER n IS h e r e b y ORDERED that applicant take nothing by r e w o n of his claim asserted in this proceeding. h . juuu&usj ttereree Oakland August 13 1959 UJTHBEBTSON -- 59 OAK 1053 Injury: Asbestesis ftJSJf'UKT OP REFEREE htaso bnetenrpaai^d.b t S T TM raesSulttHo^f hSii,s,1e9m2p8l?oyolmaeinft. t0nothing ISSUES: .1 . 2 Injury. Medical. 3 Statute of limitations. . 4. lack of notice and prejudice- 5. Jurisdiction -- maritime. APPLICANT testified in substance as follows: He obtained the employment records from the union and the employers. Ih bly of 19^7 he started to work for the Plant Asbestos cjui..j___ and worked through January of 1048 ipka n. n4 . _Company ked.for,J * T * 'niorPe f w n Why to December, 1$48 sKSSfK, -? there would be dust there. Others were on the Job. araivinff to Mayn0fl949 ```^ a ' L ^ ' h i S S * 8* 08 from January, 1949, . T? viiat Job thoro was also soma lMul&tinn e%f* asbestos material for POSE, and also for the S S o i ^ l & a . J S orpe from m y H t h through August a s j w y f t a S b S s r s ^ . 14 wae hot - W m t AAsbfstM'aidf2.t r >Ssl* PebruarJ< 1950, he attetiooh- worked for dusty^places.asbeats Insulation, and It a s t o S & i * * " ** P l M t etoSeftia12t0QailaS Pil"1,dr 3' i?50' he ^ n k e d for dusty. * oalland Laundry. M s Job was very hot and S S r t S S v C M k & ' W July 17' I954' he " M e * the E " el S 0i 4^ ? Set&VSgS thlo p e r i o d at Regal Pale S t E S at v a w s fe S i i J u ` ^ h ^ S o S "? " '7 whl<!h all ssbostos work through December i o c a n *ork*d continually foTpif^Z8:f *?rk leg ^ for * * * . . * > , . boiler rooms and close quISwra? 811 " estos work, aostiy i,,* S ""'*"v1*18 "aaUydoctor ^ ^ h i d ' s e " ^ e n o e from throe weeks boforelnd he Jid t a v ^ i ^ , ? P\ I" reno t w o o r surgery a t Richmond Hon^-i i PneUEOnia In February, losfl advised by *r . C r e S ^ j g i ^ ^ " Au* " Bt 3 , 1 9 5 0 7 ^ ^ " f?? i? W b "ortc- He had w ^ k e d ^ h S ^ s 1? thaJ M 8 condition - - r e tu ^ e M ^ ll^ t S t o ^ la ^ t ^ T n fiMvr's?* ^ ^ S I ? * the ,ob. He is doing *s^*sir5w s i a v S I " r k ^ C a ^ a f H o S f i 8?8? B " * *r A^strong but asbestos insulaiSS a S 8? ^ ? 1 for s t r o n g . ^ r s the b u i l d i n l r ^ r n o t ^ e ^ ^ i T ^ ^ . 811 * * 5 ^ o r ^ S t V S ^ i ^ u i ^ i ^ ^ ^ ^ n t ^ i d i n g l a Sen but he o ^ l d IS ! w bbee^0iS8t ^ job.** Bord*n 'a ln Oakland one day. He dl d ^ o t work8on8?hnr8l'atlon between Bavls and Winter laaulatlng. ROd* t"0 ',88ki 0B 80 In'tuiwifin.te? thfhighiay, S ^ S S ' m t ^ % S at h a f U r ,b u f ^ ? i n s & . " re W,s cthoevearainbge,steositg*hpiWpei^voevenrieng^a^nfSnrd,,aii t 81ia, ktnoo*wTMnthaes mmaagnnuefasciatupripres o f and up to 1953 or 1954^ does S f nesiumv They use o6 Fibreglass Johns-Mansvilie products l f thy used any ^ ^ asbestos pipe c o v i n g . * beating pipes they generall y L e at all t i ^ ? a n d ^ e y 0^ ^ S s L ^ h ? WOrked with his brother bad surgery at the hands nr He knew his brother i eo* b l m after h i s ^ o n d ^ ^ ^ ^ i o ^ J p* Thompson see ifthere was i i T S L g ^ o u ^ Y fc ** ^ ^ o n l o went two or three times havi?S asbestosis. He were taken. * 18 81X1,6 when the second X-rays Brown, whon h. flrat Saw taken at Richmond Hospital at ^nd Pain. He had X-rays informed Br. Brown that M s b r o k e n ^ not inform Br. Brown of the for Pneuonia. He ^ lunS trouble but he did of *r. a s i o s v o o n T ^ hC preVlous oheck-ups he had at the hands curaoertson - 3 - f f - r H1^elieveaAttottBlu? i^ 3 going to the S o S ! t l f bisS S . of * 53? ^ p S T ^ f e n r 1 *-*= M T S e a s w a f f w . i t s a a a . . S d S t r t ^ A o S i d e n r '^ l B s l O T ^ " proeee<Un before the He understands that dlatonsceous earth is the sane as asbestos. pains. At*that S l ? >henwasIw o r 2 n a tfo^Ai5Uf *** ^ monpson told bin everything loStof S i ^ S t f 0"" " ohest >p* rto^L&toi 00"Plelts. He wlthPS o r t n S a gof^br^th4l M t v U ? ' ^ enshaw;, ** was troubled he returned to work In Mo v a S a J ^ o r u 116 i?. ff a *lc week because of his chest. * ^ * an<* then he was off mother l ^ s ^ i l t S i d b?r^ " S ! ! lu? plpo covering that the, used wuracrured by Pabco. Biey always use Pabco materials. He did not lose an, tine before August of 1958 because of his chest. Jt $ & 5 ? i S g 5 U F & g * S f S T v He to work on a Job recently b S i f K J ' a i f 3 * t o v f a ^ I s n . S e ^ e i f J c r ^ t r - h f ^ f S ^ e d "^ % res*"t he cannot . l e e H T w e i l ^ i r f f f e t S ^ . 80'" pain' h has been a foreman since 1954 on. to " t / K i s e in respect It was s a d e b y f t S c o ^ ^ ' ^ 1** per ent "a*riealuI" PtP covering. t h^ ^ e r ^ l f ^ hIdf ^ ^ f a fr ',biah he *TMt he doe. 5 S ^ n o f S 8h ^ hi i S ^ " on?r * * " 1949 thr0U8h 811 of SO- ^to^tX^a t h e ^ r c h a n t srlne. itnosJCu^ltyo.e r PiSPH^ayt0? j u n | IBoorf,1L0y-5>80h*lSHHeehEMOtt so}*bad!ehTMe lsoPawe<ia- donotor toe" bbL VS y ^ S ^ . thS ,, f 8abeat03- 'y * It on always cauao d L t ? *' u,e pounnlnK a"h fitting would Cuthbertson 4 OAKLAND October 22, 1959, Insurance C o ^ S H n d aa follow., H e i s an by the Defendants Traveler, S " * teetlfled ln subside atethb*reo?rdB on which the appllcantrworWeo<1hU?ter' He reviewed S ^ - S S ^ a ^ L S S " * " 2 2 S J 3 S j T e^ H r S S 1954 under the column *MateiiAif** w* ^^59 (Deft3. Kx. 5 ). The i n f m a m , & of tSobtalnabie*con*ract.e ^ -\f^,*g*-* I S ri^ierlal8 tated the amount of*flii^P?rcentage ln th*a col- covering; gQ for "flbreglaaa " ui!fL iu0d fop "agnealum pipe 7 oi *Jance C o o S n y * u d TM aa follows: He la the prealdent 6!|? DJfnfanta Traveler, H!t'and tetifled in aubatance Sfp: ^ S " ov ^ p ~ s s . ,iss*fcgr,2 i s 0<i ; r y - heiS^srM^ manufacture wool felt lneul&tini SaSPmo Manufacturing Company* Thev other manufacturer.. T h S S " 0?:. Thoy tain their matawSai by bestoeSpaperP6 lh "Mch da iSSS? Sf^a S 1" "JJ* overlap aboSt n e ^ d one ^ ? f ? Veied wlth muBH n wood pulp Of the kraft X " !1 ?bo"t 30* rag b a w . S S 5S S 6 M proof tai;*Mner. The asbestos S S - ? the PtP there i. a alter! ^ g - t i - l K 1- "ithln the "p 1 felt paplraf!iIePS nd afbest0B Paper, They will S S * ^ f,?001 felt are u s S ^ Thil 1. S f - S ! ? fchlolc " *11- z s j s F jS s : i r 4 o etoa? i g ev aii`> i iS ^ s ^ ^ s 11pulp d Kraft Soci. T h ^ e ^ f n ^ i S 9 ', " b l S i. J j , stiffness, in the w m u f a S S r S I f S l i , ? "? sl?ln8 to give the lLSamiinEaSteSd to,bbuitolsd,unwhaicAhr,A1<-courr^ul.iteeaS< and then four tlhveyrU*8e a of soda. . o m e i E S taoi, m Adb?a1' S T i r S u c I X a muslin and put out ln K6 5niih , Slass. This Is also wraoDed with ualin overlap. Si, S o l m f i S S f ! ? ? Wifh " inch anS f S l f liSiitiThe afr oel1 lnaulation1lsUusedon1hn?enefally U8ed old T h S S f S material Is out with t e l i S S h ? 2 water linea* The m e joints are nrobahiv table aawa or hand * know because h e ^ e a not ing,?? Wifch asbe8tos cement. He did not - Of amoslte a ^ S S 5 S m S S S 1, ^ . ' " " . OhlbSto? i 3 S a S f ohrysotlle Is m S f d In S S t S f S n S Ch*8; Whlts b e s t o J S S are about 3/8ths I n e h e s ^ T i S i r t h ^ S ? . 1; 0anada- Those fibres magnesium pip covering. st * He is familiar with the 85# cuthbertson - 5 hf/Xrt H b ^ * d 1S^U^ ri? 1 Indemnity egjeslum p l p ^ o v e r l ^ n w * ? b `he cmpy.y8g ; u ! i" I1!!- o e r t n l n ^ S n ? ' ^ 0? * ^ . f a g n e s I S ^ i p e ^ " ' * * > the be adhesive, i i o S S S " " S T lal- TM 2 a s i o ^ Y $ l8r* I a oe fibreglass matrHi s* e last two vear* vuB storiala would " * hi! d S ^ S S S f e , or PfWlly Sid a w - * t e a s fe'wSafSar ?K:HME"k";Diii5'u.` . " .*S" ,' " Indicated t h T ^ ^ ne* P8?! f lung t a k >" a t h ! " ? ^ 8? ^ "bene f i ^ . ^ f ' S S S S observation for . Y p e S M M ^ . 10 W lu*>.^ 5 t o ? 1P^ "P ^ 8 V^^s^y^ "* took sstgft'&g*s x i & SrxJSM- bronchoscopy m . *1"" " 1 Hospital on i^.H??pltill> The X-ray report w ^ * on August 13, 19S *"?" 5. 1958. * a a S i r i ~ a a - t i s g ^ 2 ,a a . t n ^ M n c 't o ' ^ f rttiS 5 S " t M a a . lI _ Dr CPSRShaw t . > . _ SS; -- penologist. * "p i ^ f - b o o n , a,,d testified " ' Z S l y St^.t1.8d*UfS8r^ ^ P l m f S er S l y ^ 8 bim'm e e a aA nrtelsbploirtalotosr yv inifw L*ofCrrt*hkeH<*Vo9n8 F" ebruParya ^^ 16 rint crnt S f * lon- . *>nStib lfo tle a 2 . 1959. At t h i? i,lon " d a sore t h S a t ' J ? 59 because there m . In June of 1950 h h3^e be felt he Mas gettlm.8 treated him February biotic, w e r ^ ^ a 100 degree t i g S U S . " * 1 'act. Cuthbertson1s^nork `bat he has had in hi. ^ " uthb^co,,. aaa " * * fe?J i? 8 aJr surgery, and was diagnostic. Ha fibrefclaas had a great effect. Recent surgery ^ouidl:> avoided. He told the a p p l i c a n t hat he had the Asbestos within the lung impairs the function of the lung. Elastic fibres of the lung are affected. insurant a ?; * called th* Defendant Travelers ?'85^a*}c? *?? Standard Accident testified in substance as follows: He is duly licensed to practice medicine in the State of California. i ? ? e?lalwy 18 Pathology. He does the pathology at Richmond Hospital. He received the specimen indicated by the hospital re P . ;.. does not know the exact number of actual specimens. He AUl?oKfle<1*.fi? i clJBen8 the State Department of Health on December 2i i95o at t h e r e quest of Dr. Crenshaw. He brought them up to the Department of Health himself. He slso received the report of i.A. f^Ietew11}ary mediolne` He was then called to they *" *Pcial X-ray diffraction apparatus, and ? fS111" " 1 aS esSfuWaS even demonstrated in the tissue, J8 r r lcf w 5 y th rPort of the State Department of Health. It follows therefore, that there waa asbestos in the lungs 8* *n ordinary X-ray technique. He can not tell from the repo t as to the quantities of materials found. He called Dr. Crenshaw when he received the report, but he can not recall ir he sent copies of the state report to Dr. Crenshaw but he uirvilly (3098* . .. _ Dr. Crenshaw did not get a written copy of the report th!,?1i2aaa- < not m . SS, 2 f ^ hS,br2?chi1 1? "?* * M l port. Dr. C m i h u was unhappy with his first pathological report because Dr. Crenshaw 5Ad^efpefid to find asbestos, and therefore, suggested that it be sent to the State. Fibrosis is usually found in asbeotosls eases "i"8} *2 8illoosl cases and generally, the particles can be seen. Most of the noxious agents that affect the lung will cause riorosis. ma CWHfflERTSON, recalled, and testified in his own behalf as follows: He did not work at the Pacific Coast Portland S S - g P 1 ""ar 11# 1952, nor on the Walnut Creek School on VS! nor ai Ca?p 86810 on 3* 1953. It waa the prac tice of the company to ahift the payroll records to another Job when f*?m *hlch th P* ^ 11 Port was submitted. He recalls all the Jobs in the tabulation except the three he mentioned, ** no5 c o r k man so he does not use too much cork. He believes that he Just used cork for about a week in his employment with Arm strong. DISCUSSION AND DECISION: nir... 1 5* De?einber 3* 1959 the report of Cabot Brown. M. D . . the agreed medical examiner, was served and filed. Dr* B r o ^ c o n Bldd^d1th0fcfllCt h0re^ f ^ ^ ^ 1^ I n ^ W s XcaseT*a 3 5 5 . T 2 3 2 ^ u^ plloant 4000 not have a4baatoaia- Y A trM rt <f tega! 14, 1999 Mr. #. 1. Taylor * iB u rtrm s OMtrartlag md Bapply Oorporattao 304 Bhr Boad oath Bm I m M , Qallf. Bn t Hti fqrlon Zb m m yon did sot roaairo a oopgr of tha Boaadxy Vllaoa lattar, va MlBM a ?haa>a<*ax Md W ltMlil aonlalalig part of tha roMootod 1b 12m BoMdxyr A Usta lattar. KoAordA ter 11m jroar 1930 hero boM daatrojrod ab that tho Payroll BaparttMt Uolod aalgr IhoM mtnota mxkad ab by fcjr,_Q*thbArtooB atartlag la 1951. Arlhar BoatAm b , OMtxollar'a BaparttMt, thM listad vitttM Md A m wo hid Iho oattnoi. toara 11m latematlM 1 AOt m tarad, Arthar vaa taufclo lo iBMlo Um partMiar fllaa. ttmght portupo yaur illoo loht dlaaloao Ihio lBteMAUoB 1b Allah a a m yau otmld asaplAto Iho latematitt BoMdxy k VUaoB 1a looking ter. Xb dir of tho flrot a m W a m 1b Iho XaaI paragraph, pago aba, of Mr. loadlo loltor, All you plAAM a m toot him al yoar oaxUoat ooutmImoa. foxy IxiZy yara, IMMVOK 00K 0QMP4IX IB JfcalOMroa I B. loULor, AOhB, Lm a m Iat 1. Zb m t b u m BaparttMt 0. Ba 4 2 0 M A R K E T S T R E E T S A N F R A N C I S C O I t , C A L I F O R N I A EX BROOK 7 - 4 1 7 1 August 3, 1959 The Armstrong Cork Company Lancaster, Pennsylvania Attn: R. C. Schiedt, Jr. Insurance Dept. Gentlemen: RE: Robert F. Cuthbertson vs. Armstrong Cork Company Our File: 59-199 We have been assigned to do some investigation work on the above case by Mr. Ivan Schwab of Hanna & Brophy's office, who are handling the hearing before the Industrial Accident Commission for the Traveler's and Standard Accident Insurance Companies. This case has been set for August 13, 1959. In order for us to complete our investigation, it is necessary that we obtain some information from you and also a letter which can be submitted to the Industrial Accident Commission in the event we are unable to prepare the case in time. The information we require is the name and number of each job Mr. Cuthbertson was employed upon during the period September : 1950 to July 17, 195^. With this job name and number, we can then obtain the necessary information from your local office, Armstrong Contracting and Supply Company, which will enable us to determine what type of materials were used and handled by Mr. Cuthbertson. As you know, Mr. Cuthbertson has filed a claim for asbestoses. We are trying to determine the amount of materials he handled containing asbestos, and the amount not containing asbestos. 1 The above information as to the name and number of the job should be sent directly to us as soon as possible. In the meantime, we would appreciate your writing a letter direct to Mr. Ivan Schwab, Attorney, Hanna & Brophy, 15^+0 San Pablo Avenue, Oakland, California, stating that there will be some delay in developing the information in this case. Please include in your letter the reasons for this delay, i.e., distance involved ana inaccessability of the records. - c - Mr. Schwab can then use this letter at the time of the hearing on August 13, ^959* "to request an extension of time and another hearing, in the event our investigation is not completed. Thank you for your courteous and prompt reply in this matter. Cordially yours, BEAUDRY & WILSON REB:ms 'f U U r J h F. SL*-A?- ??L Kr- /Aid - t ' *? **' -***' S- . K i - ' ' . . k, -' ' -- f ".i,'- { 9- U -s-o 7--A l-t-s* 9-3 3 *<-/ & -f 3 - sr a. ~2 7 . S *> U*-*. 9- sX- j/  .J V ? - 5?: *..,* p^Vi'i ,M ;%>. ' +fjt$fo\s'?'' ` '.''^' -^fv" - V . f ? V ''"''*3 -JsJ'1".l^A*'.-Vi, -S.-'' \. t'Srf ; "' "'T;r< - ' ' ` *3. -' . f^-iu * r >_ ^rlSK F 6 (<'&* j _ " 'jht'r' r. 6 -J1~$X **<-;jv 5 vvs.j * _:pr *%^!]iw ^V *a 1-sx >.?f--# ? -? ,vy%**** *fjjf'< Mi <**$ T "'N**'^i--i2*/4A.*-'1 ^:>f 5- -j 'v.t*-,.-'' `'f. U fi %& ' i '{'>..2* fi -- *" V **&f'' .<<'>^&>'4<-,T SW .1 Sfefci * :'*^L' .`) 'r *;5&;*?\> sufl^Yim' .r'^'-T * i *>i V? . y . <$M.''' ! - w ~t.,- $ 9 M k i$ & - # '.l?:-~;ri1''' '''~yv -. ._. ife- * p ? & * 7 * & "r y i I H *te ist tie stttic r-*W~r*4 f t% "*t* ele 9*4 Hr t*i~W ,.. - \s t-fi f s-et- T s-s~ yfar ,;'. Js *- T 8- \ - 5 ^ ta * u t 5, 199 Mr* I r flohwab JUaa* Bropbj 1940 8 Pabla imano 0abijad, Calif* Boar Mr. tA w fci fahjaat M r t F . O tttM riM n * A a itio a i Onk Cbnpngr , V fiad iba Jab o f ooooonlatlai tba batallad lalbmatioo you n ^ u it4 la OH M tN id tt tlu oala o f M r t 7 Cathbartaoft for U t jw r i 1990 1991 1992 1993 d 1994 111 tat loacor bao vo had aatiaatad. Za addltloa 9o tka 8 Fnaolaoe o fflo a, aararal dlffaroot baparteaata hora la Laaoaaior oro iavalvad, a d d tk thia a a tk ' o t iw U m i , va bailara 19 ooald ba iba m o f Jagnat bofbro iba labmaUoa aaa ba m maniatad Vo txuat ibia dolqr 111 aot aoxloaoigr laaoaroalaaoa 70a and va v lll aaka w wy offbri 9o aopply yon wtib iba la fbmallo aa yranpiJgr aa poaaiblo Tai? tndj Toara Q m O0NP48X 8 6. Sabladt, J r . m Baandxy 4 VUaoa 120 Maxkat Straat 8aa Praaolaoo 11, C a lif. J . 8* Tajrlor, AC48, 8an Frandaoo J . B. Z a lla r, ACfcS, Laaoaatar C O N T R A C T IN G From Subject J. s. Taylor, San Francisco Robert F . Cuthbertson Request for information Enclosed are duplicate copies of Travelers Insurance le tte r dated Ju ly 21st which is s e lf explanatory. I t is our understanding that this w ill be handled by the Armstrong Cork Companys Insurance Department. I f we can be of any further help, please le t us know. DJM J . G . Murphy, Sacramento P .S , Please forward the o rigin al copy to Armstrong Cork Conpany for their a c tio n . ' ' FORM 1 501 1 - 5 CLAIM DEPARTMENT J. . JOHNS OaiiN Manag? >1$ /jMv^rjJhAurtnur u* /tir .%tdmuu/y,xrmfainy/ July 21, 1959 BRANCH OFFICI 1956 W sbiter Sir! OAKLAND 12, CALIFORNIA Taiapton TEmplabor 2-8200 Armstrong Coric Company, 304 Shaw Road, San Francisco, California B-8972691 R: Robert F. Cuthbertson Armstrong Coric Co d/a 7-14-54 Gentlemen: Please sutmit a statement, in quadruplicate, indicating a ll inclusive dates of Mr. Cuthbertson's employment; his salary (by the hourly wage and gross for the years 1953 and 1954; whether he was hired as a regular or temporary employee; his job title and a brief resume of his duties; whether his duties brought him into contact with asbestos, and is so, to what degree; whether or not he was exposed to other materials which might have a deleterious effect upon the lungs over a period of time, and i f so, the nature of the substance and the degree of exposure; and whether or not Mr. Cuthbertson ever made any complaint with respect to exposure to deleterious substances or alleged i l l ness as a result of alleged exposure. Please forward the original and two copies direct to our attorneys, Hanna and Brophy, 1540 San Pablo Avenue, Oakland, Calif, with the third carbon copy to this office. Your prompt and complete cooperation with our counsel is earnestly solicited, as this matter is set for a hearing before the Industrial Accident Commission on August 13, 1959 Very truly yours, L;j j H Hanna & Brophy, Oakland N. H. Abreu Adjuster HOME OfFICE 700 M A I N S T R E E T , H A R T F O R D 15, C O N N E C T I C U T ^ n: < i, i r. 1 & *`1:5 S | | 3 1s si^F II M slum lOEEEEJCBEECKE i SE--i~ll~ 3 H !i co , ? M liKiii ,JiiiliPiiiSl pillili JsBaIaaIaIaHaBgaIaHnHggiLi @1 1 1 1 1 1 1 - IH W a M E !-- liilBIfli lllliBIHli iSSBSSSi, iiSEiiM M l I B S ' !! Bl !SSSSI9 SS9 !BBSS J l l BSBSIISIHBll nimni| mnm 3 Wl2 I l i , _________________ tis a a a a a a i Si C fe'fe 5fTl>i fKfct1 ----------------------------- m M n IBM ! mi iS .44iJk? *> P mMmmmmWie m B w B i i S M B g i a i i B i i i i s i 8 iiiis iBii^ggSiSl t o u ^ *i f m n ** s m ? mm niMliiliSSSESSSSSlSlSSSSilSSiSiliiillSii18S"SiTMTM9*11TMTM TM-! lSS!!!!!S!!!!!S!ll!SS!!!!!!!B!!! _ _ _ _ _ _ _ ilili .ai i i l i l i i i i a e i B aB n f lnl i i i E l K E l B i l i l l i w |S !EEBEQEEBiBBBBBifiB B E B B ll S i iiaiKBIISHIiepiEHBBIBK F ilBBBIiilEKBI i siai i l l K i l i r ! ! MMM m m m m M m M M m m m m m gseHF^' aiiiiiiiiiiiisiiisaiiiBissiiiisii s 2 5 s a s a a s 5 2 * M *,aco<* iM* * * s i a H i f l i i n c i f f s f t ' ........;.K.<........... i ? a i ? E 3 T B a F E E : : P s P SiSii2ISBBMIlSBS!BBBB&BBBBBB E E ||!|V B E B E r B B iK E E H E | EEEEBEEEEBEEEEEEe e e e b e e e e Se ^ec BMiHHis5m8hm5iSSHSBHHbbmbibbHbMTMMbibbibabbl fiiiiiiiiiiiiliiSMBBBBBiBBBBBSBi Eiiigiu5nSiIiiSiiSi5iSiliiii|B|iiB|BiB|BiBBiBuBiB|B|BiB|BBll MMIIHimM H g ^ jia E a in iH ilS K n E E K IE in s gH l l E E B lEIII ECEEBBEEEIEEED EEEEBBEEEBEEEEI EiEEEEEEEIEESE EEEEEiiiEBEElE MMMMB ilHBiEillEi6 M M a aa ilililEEiEEEE OutKbert eon, Bobart niissiB ssgsiMSigiiB8 saaai simaBaaalBaaaaaill iiiuiSaSiiialnni bb-- a m BBBBBBBBBBBflBBBBBBlBBBEBBBBBBBB53 iBBB|||iiggiaa E U g f l B B B B B B f l B f l B B B B f l B S f l f l B B f l U B H B B a a iliiiimilliiiiliiiiiiiiiiiiir Rst *j S&M-J&s IMI !911 J U y 29, 1999 ft M d a r d Aoddtnt laaurwoo Ooapony 840 Vo*t 8m * * Aw jm 8 m Bmna, California Bubjaat* 98-0 9*0794 Amatronf Cortt OoapMjr Bobort F. Outhbariaon Bat* of I&Mbllityt Follqn 18 688800 ^ , V V to V V 51 Ao roM^tod la your July 22ad lotWr, u* MaLota* la duplioat*, to* ^ojg 195L Munla|i rooord of lobort Outhbortooo BWndard Aooi<i*nt laourMoo OoapMj lamrod Im aitong Coxfc Goapaty th* yoara 1990 M d 1951. lallar ptetoiUia 2br th* y**ro 1952* 1953 * d 1954 haro boM Mt to ho trawfcaro 0*lMd offloo, Blob lnourod Ar**trf Oorit Ooupany tbo tbrou yoaro la quoattoa* Vgr truly your*, UKSTIDlfQ 00IK COM?AFT 1 C. BMlodt* Jr* ZaflaroBM D o p a r b iM t Joba 1. tailor, 1A8> Im u . Jotaa 8* T^rlar, IBS, 8m FmolaM fealoaarao 0 H FEPRY JR Chi/r au(lhSutrd L K KIRK f'tu'.mm Symbol of si ryili for ?iycars S t a n d a r d A c c i d e n t I i i h u i **i i i c <5 C u n i n a n v "(CUOI.>lili <t|4 V RO Y W. SM ITH Ma n a o ir JOL CASUALTY FIRE MARINE . FIDELITY SURETY N o r t h e r n C a l if o r n ia B r a n c h O f f ic e 840 W E S T S A N B R U N O A V E N U E San Bruno. Ca lif . July 22, 1959 Armstrong Cork Company Lancaster, Pennsylvania Attn* r. c. Scmieot, Jr. Insurance Dept. Gentlemen: Re: 96-C 960794 Armstrong Cork Company Robert F. Cuthbertson Date or Disability: 8-1-58 Policy: az 688800 ...... :--- 4-4-5a-ro UI-51 ?" J""` '5' p m j z z ? ::: YOU HELP U U m >,N. ^ P O R ^ B H T m Js^ 0^ CAPT,0NC CLA,mANT WHO IS NOW PRESENTING A CLAIM The employment recoro we have received indicates Mr. Cuthbert*om " " I,TM," ' s" T" *e* 13. 1950 tmouh July 17, 19511 z :s - , S " ,:;r r j:T r r .::r ;.':.r s TM r r r s i u r is ,:" - 'TM -- -- -- r-s. . z , [ i : z r u^ 4" 'T* Very truly yours, VED/ms ENCLS. cc: V.LP. Shriver Agency cc: Hanna a Brophy, attorneys /9 ' 7 - / - -ic. Vera e. Dowling Claim Representati ve / 7 *> i I 'I y Standard Accident Insurance Company Detroit Pilot Insurance Company. Toronto SiSWSBSHSSHSSSSSBI HHHUEHHMEKE nNHHBHHBHBGKHEKEESEHEN BEES ............................ - nansa iiiilllllliiilliiiiiiiiiiill HHHHHHHHHBE E E S M B B mwmmmmmmm KSKBSEBEEDDH 4-, Q U a B B B i B B B lliPililiEIIliBlBE I B l i l E f l l E E l l l l i l l l I m w m m M w m m mam . ssrrssi^ii J i s r n i i;m i ai^ivar/si llrlCn.IClCJL lI IIOII -I mmmmwm liiiiHiBi aiap iaaiiHaii Jhws,: JaaemsmsseasmwmmiSffXSl1 B l l i H H i l l B B B l l ___________ ^ o i B f e 4 j B a m B ff \jr\**r IC i b c aaMgaaBBsgaiaiaaaiBBai MBaaaagaaaaBBsalBBag ys> ' TznMa'i'. I t a iS_J ____ I B S ' ...l ^ i i i l m n H B mmmmmmgmwm mmMmBmmmmw . m w m m w A - _ .... . ....... ....... i m a B N i M f l H H B i H E ' mummmmMmaaKammu ____ ^ B fP iiliiS lllP B ^ B B P fflB S I ' B B B B ll!S 9 l9 llfllf!l0 !!lQ H '3 B ^ 1 I ^ ! B E 1 3 H 1 H 1 '! B H I ^ K S B S 3 N H H I 9 R ! ! a B B I M m w a iM B M M K B B m M B a -jm m m m s m iu u m m B ~ ^ tK r v m w m a M .I B f H P I W P i immm iiyr3 'zjtrtSmasc* WSiEu \ b H i l l B E S 6m i S i a e ^ M SHiEllSR ------ BI9RPIP3B8R*B1 m m M ^ i S W P f S l i i P I i S ; 5V3-V |p#7' M BM IBHRBB lA H niniV lIP .P " 'iRsaiwa W1PJMMBW K " W H I B I B in 'i IK K M H B lffir' IS W J IIS IP BE r -Sa ,mlg SSsgsp ______ us _______________ \ w - F M IA M E S ? i ,s: a' **"~ '** _ " .. v .' *.-* - - .' . - ' ' .* - ' * ' , a *1 -* .* ."i --T C * 'f.vj-r ,*/v'''?;-1'`-s* '-`l"^ T'\ -*. *'- 'V.. . - T' . * V .,vr V - V - i*- "* * * .\v 'll 7. <*'"V*-* _. i* ; t-* _!- A *9 '- * *'' - .**H `V l r ' i`$r'*r?'. :lCTct^ ^ inly 29 1939 -V,.:*,. " AIttteaasttrroonngg CCoorrtk: Ccc^BV" Ibberfc F. OathbartKm v : v v v =- ^ ^ v r policy*:: w . 6 8 * * ) ' - # 3,', 5 h ::Ki 'v : / * V ;/i*?*''As revested "'in yoUrV ^ F 4 loti? W d o w ; '.la; pftcate/ r- ;!> " i95o and 1951 earninga record of Bobert..^tt&ertpa Standard > => \ -- ;o *Insurance Coapany insured AxaaixongvCo^Goa^aay;. dariag rh ;?;/.-^7-w1 ../?*,Af./'^Wz.-.Av*.- ^ . - v V v " / * 4 - V * `^v.4 - "S ia iia r '`phetoatftt' fo r .the years 1952, 1953 md 1954 h&pbinn * - -;C-3'- v;}-' to The Traveler# O eklm d.office^%\ ^ ch vln w r ^ ArKst3K>ng. "Vi vs`r'vV "-the three years la - -' *-\-" ^ v #*/>-.*''-- ^-<7 .-*. * b ;V-V 7; V 3 :' o! V ?s* V7^:V::-VW-> r : 5 . - *>;._ cVj"2'.'-.;-;'^.^ ' ;^ W 'v V S ^ '-ri'-s.}- ''r^f^f^'*^.' i# 4* 8<3jiedt, ,'!"--"?-:-if i'"'-' V I n s u r a n c e b e p a r t e m t ^ V tV V / ' V 7:. V - V V - - V v ;; : ,'; John E* Z slie r, AC&3, Lsac* . . , ,,.. John S* Taylor, AC&S, 8aa ?ranc l sen ~w V'.' ..>.^Enclosures * . S -f'*'-* - . v"S : i ;' ' -'f- >- I 4 I I f l k'lr f I r M I sh< r* r a 3 4 ft.TJL_._- ' . `.3***.I al ^3&M ? .V ! ' jSlilk :ii9/t&^&lpFWJ m .* j-**, ^ tralcri - v>-j *-Jir* ; jJlftii-** ***-* *`rJi..;.: \*1---->-unfci'OTr';'t-T?|k--i-';.,,.Frtii V ' U !1. ' CLAIM DEPARTMENT J. A. JOHNS, G ain Manager BRANCH OFFICE 1956 Webster Street OAKLAND 12, CALIFORNIA Tlphonai TEmplebor 2-8200 Armstrong Cork Company, 304 Shaw Road, < . San Francisco, California* B-897269I Re: Robert F. Cuthbertson Armstrong Cork Co. d/a 7-14-54 Gentlemen: n-u* . " ' i r E ' K l S ' " i S " - S '`S Tt S ` " " ir s s - S r : employee; his job title and a brought him into contac - or not he was exposed to other effect upon the lungs ove^ * ^ 1 0 s is . so,^ to hat degree; A e t h e r which might have a deleterious ^ if s0 the nature of the ^ ether or not Mr. Cuthbertson substance and the exposure to deleterious substances ^ ` allege?exposure. Please forward the original and two copies direct to r ^ e y a . ^ a S d Lophy, 15L0 San Pablo Avenue, Oakland, C alaf., wath copy to this o ffice. ^ Tour prompt and complete ^ "P' ^ t a g ^ r f o r e ^ L ' M i i t u i ^ W e i t < W s s io i as this matter is set for a hearing oexui on August 13, 1959 ` Very truly yours, ' N. He Abreu Adjuster ''N NIAJJ ,, ,, a Hanna & Brophy, Oakland H O M E O F F I C E : 700 MA I N S T R E E T , H A R T F O R D 15, C O N N E C T I C U T A^' I N T J R j/ __ f ----- 'OFFICE CONfMUNlCAT/ON To J . E . Z e lle r , L a n c a s t e r From J . S . Taylor, San Francisco 'Subject " R o b e r t F . C u t h b e r t s o n Request for inform ation (A rm s tro n g CONTRACTING Ju ly 22, 19i?9 . s a m r j r t s a r f f S B a s s s : l" " ' o H r further h e lp , please l e t us know. DJM j . g . Murphy, Sacramento P.s. Please forward the o r ig in a l copy to Armstrong Cor Coirpany fo r th eir a c tio n . FORM 31501 1-59 (>- : ^ f-. - ' f r v i . _ ^ ^ c^. A^U csr^ *-- iL-*-fd; aW - ^ ' ^ 7 -^rtv^ < W -v - - ~ r . - - ; - __^JCL^, -< < fl-i. cJU^/^fr ^ * -- g^trV^ y J' ' ^ V -a^. t&u CA"t'*- .H 5" . t^ju /~fts*~*. -- / , V l f v A 'i " ^ V ' - - ---------- -- - ^ ji- V , ,, M * - iA ^ ) -v-T w w-x*. r-^S ^ J L ^ . c * ~ 6 ^ - ~ - u s ^ >-- v ~ j --a^J. -- V. i^rtnrC jt^. , -_ - - -- ..... U*. JU^h^-a- * / ^ ^ -- - f e U ^ - _ ^ *v*^ - ^ 'Lu-a* t ^-r ' - si*t***<^r~ ---- W - ^ - Y z^ t-r*~ f*-t*J-***-ry, - - -- ^ ^ _ c^-cuX^ 'V ' '* ) / <4 ' -, r /: ;; ? - H I, datt M Trlouf tyo* * W t.lw ttoa o f pipo eow iB g aad block. taflq3,toa| 4obr ^ ^ fg c . x i* .-?* z*.'` n,*d u* BumifMtiiw fra fofe K - T i S i M*-wwt# S , t *. *A.: V ^ i^ s ^ ir a ^ ih : : | ' j % :~;;7 a lm rd . . U f . " 4 d J ( m ^ P / . '~:^ ;'vJirmiirMeniiri'ti JayurS'm^..4 ^ ^ ^ ' ^ V :-'` -'' i;t W S t " : ; :r > : ^ '. - -,-... V t r - ' V -jaA&v^v:^^^ ZPArP*-:^*-&^ t r j - - ^ ? g - g ^ r ? t*:>:;:* S v r - .CQHFAHf^^-v:-:f'K^VV^';'^ v> V-:"?v': .V':--i--:< >#2 --'t.-i'?' ^-'T:i; ^*\;?r::,^^v v:> li^-.;-- --^"_.- .\ .- :^ ^ . . f i V * '**^. J^"-.' . '..; 'VJ^`':[~'-5K'vrK' ' }t# * S(^li - * tara :\]-A---^ >?* V _'/"":> v.x-.;'^ ' '^>^-.r-^ 't";'.,*V* *' y~ /'''.''.-'*V -' ?8v:'s-f-vr,-vl, - . _ " ,:.'-'*' - .. ? ! - ' 4; '. ; -' ''h^ J " "- -: -V. M :' ',;'::-;\i; '-.V'-v_-:'v-V'.;r- j*! s. <fa__ylor, AirCt&&8a-,.SSasa fTrreanndaLeeoai ` - i . > . ^ ' tV^.,4l'v 2 ; s* S . Jbreu, Travels# adjuster ._.c - v; ; .'. 0 l 4 v ^ t 'l ./: ---- . . - . : . '" e- ' ; 5 ^ , tV, S.T'y . T^v-r Intarm o Departaent ' v^?: v. , 0 -r -v- ; -'-- J-~ " r i n i ' V. i-f ''*?&,-"- ? ' - V ''V'"'; ;' *.' ' A - i ' - -V>,>;.v.-;r; - ' ;' ' -r 5' . __t * ^ ' -4*.. . s*^ ' V, - * . " J-'" . '' ^ S* ' *'*- ^ ^ - V. * * *r\ i ~%t" *' -. ^ .**. J V' ~i t ,:- P'- -7*k ^ ^ \`v .''V. J . '-s T- i ^ *V*'i':.7` '--V - >. ^ jzp Pvf." J V- S. Taylor, CtS Saa JT i^ cscb 5^:;r...v>: \^-Vr r\o* -;*; ;- . v*-- v- P's- P-. -V. '.'p: j>.,'e ;~. '.e ll-.>r. /vvC*&S,%'L.,.a..n."casiter/ . ; - ' ? ; * * % & V' */-;'?* -?' . -r:. p /J F. SLX-Z' ? 6 So^. a u-o ^ 9 - > - s r b 9 -3b -s 3 * < J - S - / 3 - s r ^ 2-&w - >7- S A l/a 9- a -"3 ? -//-ir/ 1 -sTj tmisKSsi &:>< fc'i*' rs i -, ^^h-jr-?vx-$z u.r-^Xa^--- ' L- *V **t ' .4 ' ' ' ' ` -- --- - - -`V * v ; - - ' - f ~ --.' V - - ^ bbaudbt SB W I I S O W . INSURANCE ADJUSTORS August 3, 1959 The Armstrong Cork Company Lancaster, Pennsylvania Attn: R. C. Schiedt, Jr. Insurance Dept. r .* = <' ' ' BE: Robert F. Cuthbertson vs. Armstrong ' Cork Company Our File: 59-199 Gentlemen: We have been assigned to do some investigation work on the above case by Mr. Ivan Schwab of Hanna & Brophy's office, who are handling the hearing before the Industrial Accident Commission for the Traveler's and stail^ d Accident Insurance Companies. This case has been set for August 13, 1959 In order for us to complete our investigation, it is necessary that we ^ obtain some information from you and also a letter which can be submitted to the Industrial Accident Commission in the event we are unable to pre pare the case in time. The information we require is the name and number of each job Mr. Cuthbertson was employed upon during the period September 1950 to July IT, 195U. With this job name and number, we can then obtain 3it the necessary information from your local office, Armstrong, Contracting and Supply Company, which will enable us to determine what type of materia s were used and handled by Mr. Cuthbertson. As you know, Mr. Cuthbertson has filed a claim for asbestoses.^ We are trying to determine the amount of materials he handled containing ashes os, and the amount not containing asbestos. ' The above information as to the name and number of the job should be sent directly to us as soon as possible. In the meantime, we would appreciate your writing a letter direct to Mr. Ivan Schwab, Attorney, Hanna & Brophy, 15ljO San Pablo Avenue, Oakland, California, stating that there will be some delay in developing the information in this case. Please include m your letter the reasons for this delay, i.e., distance involved and maccessabili y of the records. " a:=;ssr:: ln- .. letter at the time of the hearing on August 13> investigation is not completed. Thank you for your courteous and prompt reply in this matter. Cordially yours, BEAUDRY & WILSON .vH"- ~ WMF.' i' * :zss-^--v,J-~`^ ^ :l_l7n-j nf~vWq Beaudry K:Z`ArTM.-t 'Li l| Vilson 'let .'-fet-;.t'-?4'l*i4-HW e o ^ r vfbr. the year 1950 ^KT w y# Cathbertson at) T ^ i V S j ^ U i U d only thos. contrwts listed viiH*^< :k ,/c-''k >T`V Arthur Boardsan, Controller a ?nfoxaaUon 18 hot entered, k - M ^^ ^ " r W iS d the contract. Vhew the vperhspe your f ile s . :t*r^i! * . the articular file*. , the Infona* I I V / 'AJM3IB0SQ qobk;-.c o m m * iis^vjvvwrvss^ V V V V ^ V . - ' V V ^ / V'Vi:V V 7 ' ^ V ^ V V -;'v v V V ' - ^ ^ ^ V ^ ' b ,^c. Bdliedti Jr. ^ r.-'-Ki`/ , V ' - ;;1- '"*'-i/i*.c'V-'i'!-' /V'T':,..' ;'-H.l-v4-T.-V'i'''I/.sn-s' u-.ra-n-ce' p'-fV?*-'a-rt*'^'-_ail ,,.Vi.:!,...- -.:.v.J.v22'.'V^,v-v'..i'-'.V.>-v`--.'S:t :*r.V.-:i-;*' -.'sr'-w:-- ~~i - -ft.".*-i>~ /'*:'*-re^ -/- -T' ?VS s 1 -->*' ^ V8.-T^^ ^v\closures ^ V-'** -J.'. 1 -/f? wv' *->'' fi r ,.4V-. :^ . t.X * ,*l i . ,'-ii 'S ,- \ v. ,5-r* , :: -> -.- i . x. - w. -V *"* /' *.- $. ~-V *--.C.;^?.- .r'-.*`v 5~<.-';i'-r 5 "- r.w''iVi` .-V -*.-/l Ikff'.V\*.-^4:t- ..' 4^%vi.-;-.T ,, * *;' * Av '>' ''\ V, .i. vr-;L'- ' s ... 4 JOHN H. AHKBIS, Heferaa ' Oakland, Adgust 13 1959 CUTHBERTSOK -- 59 OAK 1053 Injury: Asbestosis REPORT OP REFEREE The employee, an insulator, bom Kay 4, 1928, claims to have contracted asbestosis as a result of his employment. Nothing has been paid. . ISSUES: 1. Injury. 2. Medical. 3. Statute of limitations. 4.. lack of notice and prejudice. 5. Jurisdiction -- maritime. APPLICANT testified in substance as follows: Ee obtained the employment records from the union and the employers. In /illy of 1947 he started to work for the Plant Asbestos Company end worked through January of 1943. The period of employment was about seven months. lie worked on ships for this employer, and cork teas used for insulation. Ee woi^ked for J. T. Thorpe from Kay to Eecember, 1$48, applying asbestos insulation on.one job in Tracey and one at-Hunter9s Point, a newer house at PG2;E. Ee cut and fitted asbestos material and used wire and mud in the application. This work went through January of 1949. The places where he worked were enclosed and there would be dust there. Others were cn the job. Ee then worked f o r the Western Asbestos Company from January, 1949, to Kay of 1949. On that job there was also some insulation of asbestos material for FG-hE, and also for the Union Oil Company. - Then he worked again for J. T. Thorpe from Kay 11th through August 10, 1949. This work included Fibreboard Products at Antioch.. The work was all in an enclosed area. It was hot and dusty, and there wa3 dust from asbestos material. Prcia August 11, 1949# through February, 1950, he worked for Plimt Asbestos and the work was at FIbreboard Products at Antioch, fb work 1rs tha car and the conditions the anise. 3* 1950, h vork'id for th Western vn a fOfe* t&xi&9 at Hoca Landing. T5tis was the M * tjre * t 45^slot insolation, and it was in enclosed and pittfs* , pV S*J??A-^ > i? 3 , 1950, he again worked for lusty iwbs3t03 at Galland Laundry. This job was very hot and Armstrong Cork JC3ci,rp1aSn5y.*. t0 IT, 1954, he worked for the L 5 ? pine.=0`Tfs at the PC&E plant in Antioch in 1950 Sy2~he V?r" '? a i7 s'J 1? Air Fo- ce Base irost of the balance of the * ,{aso he nor-iced in this peidca at Hegal Fale for two months Xjhe^e they used cork insulation, and there were other smaller jobs dur_ng chis jJicerval. The PGi-2 power house job was very hot, and Cuthber-teon - 2 he worked for Plant Asbestos Company which asbestos ^ork at various schools, and he worked continually for .- * ILcugh Becker, 1958, except whencewas oxf ma-count <r fa ler inlurv in 1957. 'The vxorkms all asbestos 170*k, mostly m boiler rooms and close quarters. Tte Br Crenshaw on July 29* 1958, on reference fr-om Dr. S -S n o l! l^s fa S ly aootor. Ha had see Qr Lavnrenoe two r Sfii^before and he did have pneumonia in February, 1958. Hhe^nhaaa^seuSrgsst-^ijyr^at8Ric_ hm_ond Hospitafl-v,o^nF.AiiTurg?uers-tv t3h, a1t9h5?is, acnodndhietionas was off three months, and he returned to work at Plant Asbestos on November 4, 1958. E-fore his surgery there were no masks worn on the Job. Ke is doing the Smetype of insulation work now but wears a mask when on the Job, continuously. Ke has slowed down physically and he hurts all the time. Ee did not work on the Eurgermeister Brewery for Armstrong but he did work at Kara State Hospital for Armstrong. Shat was asbestos insulation work and living quarters, all underneath the building. He did not use wool elt there. Ee recalls working at the State Employment Building in San Francisco for" about a week, insulating the storage tank. Ee does not remember doing the Job at Borden* s Bairy in Oakland but he could have been on thac Job. lie worked in a radio transmission station between favis and binter one day. He did not work on the Camp Eeale Job. He worked at a refinery in Rodeo two weeks or so in tunnels under the highway, insulating. Th- Travis Air Force Base Job took nearly two years. There was some wool felt used on that Job, but mostly ashes cos. He believes that NcKeesby and Kadison were the manufacturers of and up to 1953 or 1954 he does not remember if they used any Johns-Koncvllle products. On heating pipes they generally use 4ubto& pipe covering. IS* a * In brother iwusod J a c 2c and he worked with his brother Jit M i *?**#, tbjf wro lnccparcble. no knew his brother ' *.****** *?? ***** of Sr. Crenshaw, and he had Sr. 'Thompson { * * . hLfl ht* second operation in 1954. At ttmt tir'-e ^ i$S5en *jai* token. He did 30 to Dr. Thosmscn to * J ' A ^ t S L 'S f ia^ LT, a5"t ** *2n8 asbeitoSs? He irera takeSf & l'iE2a- He is not sure hen the second x-raye Chai:-Sea to Sr. Bros, When he first saw itnefi' T ans ?KiciiWir.oiiid ES ofspT it?al a cf !c*heato5t!icm' s et f21o,r3 pneumonEiea.tla Hd eX - r a y s tivoisn thac his brother had lung trouble but he did or Dp , Thompson-.orcwn 01 the previous check-ups h e had at the hands. It was after h e got out of the hospital from his own surgery that- Dr. Crenshaw told him he had asbestosis. \  ,k'V-'f- Cuthberfcson - 3 He inferred the Plant Asbestos Company that he was soins to the hcsoitai. He believes that Blue Cross paid most of the medical bills and some of Dr. Crenshaw*s b ill. He paid about $50. in hospital bills. He drew unemployment disability benefits at $50. a week all the tine he was off, and he also received $12. a day for hospitalisation. He knew that his brother Jack had a proceeding before the Industrial Accident Commission. . Ee understands that diatomaeeous earth is the same as asbestos. Uhen he saw Dr. Thompson for a chest check-up he had no chest pains. At that time*he was working for Armstrong Cork. Dr. Thompson told him everything looked a ll right. In Kay or June, 1958, he began having chest complaints. He stooped smelling on the advice of Dr. Crenshaw. He was troubled tilth* shortness of breath last year. He was off a week after he returned to work in November, 1953> and then he was off another week because of his chest. The eighty-five per cent magnesium pipe covering that they used is manufactured by Babco. They always use Pabco materials. He did not lose any time before August of 1958 because of his chest. Ee also worked in some old buildings for Plant Asbestos. He did not have pneumonia before February, 1958. He did refuse to work on a Job recently because they did not have a blow fan. Ee is s till under Dr. Crenshaw*s care. His present complaints are in effect that: he has slowed down, he has some pain, he cannot sleep as well, and it is hard to work. Ee has been a foreman since 19pk on. i?as J. 5?. Thorpe was all block work and that/worse in respect to dust. This was eighty-five per cent magnesium pipe covering. It was made by Pabco. He has covered all tho employers for which he worked but he does not rtoxB&or the .odd jobs.. -- - > --v\ . -A; o ~ *. Ife'worMt 'as viu* hi* brother f g x m 1*}&J through nil of 1550, * i$* 4m-m L.bam- > -V- ti*it s * M U I did m % t o % history <vf to tftt a lot of told#.' Hs ' perhaps wold'&irt '#.* or tvo a year, xa hit bout with pneumonia he was In j&lehssdnd Hospital about throe weeks and stayed boss about six week3. Ho felt fairly good after that, Ee cannot pinpoint the time when his chest pain developed. It was either in Kay or June of 1953. Ee got so bad he saw a doctor in July. . It can be very dusty when they cut asbestos. They cut it on the Job as they went along, and the pounding and fitting would alvrays cause dust. ' 'SSUUi ' . Cuthbertson - 4 OAKLAND October* 22, 1959. RICHARD E. BEAUDRY, called by the Defendants Travelers Insurance Company and Standard Accident, testified in substance as follows: He is an Independent insurance adjuster. He reviewed the Job records on vmieh the applicant worked between 1950 and 1954 at the Armstrong Cork office* Ee worked v?ith J. S. Taylor, the plant manager. A tabulation icas made in the heme office in re sponse to a letter of August 3, 1959 (Defts. Ex. 5). The information under the column "Materials" was made as the result of his inves tigation of the obtainable contracts. The percentage in this col- " umn "Materials" stated the amount of material used on the Job and not their content. The initials MFC stood for magnesium pipe - covering; EG for "fibreglass." Where there is a dash in the materials column, the contract could not be found. He made a special study on the Job at Travis Air Force Base. These were marked as indicated by the X's. This tabulation supposedly covers all of applicant' s em ployment with Armstrong Cork. - VICTOR SAGUES was called by the Defendants Travelers Insurance Company and Standard Accident, and testified in substance as follows: He is the president of the Sacomo Manufacturing Company. They manufacture pipe insulation, pump packings and the like. He has had 25 years of experience. He started in 1934 with the Plant Rubber & Asbestos Company, and worked with them until April 1, 1948, when their factory was bought by Sacomo Manufacturing Company. They manufacture wool felt insulation. They obtain their materials from other manufacturers. They use crepe wool felt, which is laminated, and then covered by asbestos paper. This is then covered vith muslin and-the muslin will overlap about one and one-half inches at one end of a 3S inch section. Wool felt is about 30# rag base, and 50 to 60# wood pulp of th kraft stock. Next to the pipe there is a water proof tarjriiiYr. The asbestos paper is a six pound asbestos paper, and is filled within the wool felt paper for a three inch thick wall. 13 to 14 layers of wool felt are used. This is the standard wall. They will have smaller and larger walls on the insulation. The asbeato3 paper ia 40 to 50$6 asbestos fibre. The balance is i?ood pulp and Kraft stock. There are fillers and sizing to give the Btiffncoa, In the manufacture of air cell insulation, they use a six pound aabosfcoe, which 1 corrugated, and then four layers are to build up a one Inch wall. Adhesive used io silicate ff aa#*** knevn** water siane. This ia also wrapped with **,>**'$ iri ! I#*h lengths with n Inch and a'half i t ^ 1&#-ff***f**. is uwtf ** cold ' "` IJ& * m K llrw* 7 hs - " 41* ) W Z ' ' ' * * ' " i m i Jif$% *C~ t U r *tth,ih.t - Cuthbertson - 5 PAUL NIETO, called by Defendant Industrial Indemnity Company, testified in substance as follow: He is vice president of Plant Asbestos. Ee lias been with them for 12 years. He knows Cuthbertson, and has known him for the last six years. He is familiar viith the over-all materials used by the company. They use 85# magnesium pipe covering, fibreglass and wool felt. They also use foam glass, cork, and air cell covering. He does not know the breakdown or content of 85^ magnesium pipe covering, but there is a certain amount of asbestos material. The asbestos materials would be adhesives and cements. The last two years they primarily would - be fibreglass materials. Five or six years ago Cuthbertson worked under his direct supervision. He then had no lung complaints. - He had heard that Jack Cuthbertson, the applicants brother, had lung. trouble, and that the applicant was troubled and worried. They do not manufacture the pipe covering but they buy most of it from Pabco. They use 85^ magnesium powder cement, which they raised with water in the work. _ GERALD CRENSHAW, M.D., testified in behalf of the appiican in substance as follows: He is duly licensed to practice medicine * in the State of California. His specialty is diseases of the chest. ^ Asbeotosis caused the applicant' s disability as it caused an improper* bronchial drainage. A piece of lung taken out at the lobectomy indicated the presence of asbestos fibres. The applicant wa3 s till under his care. His various employments were the only places where he could have gotten asbestos in his lungs, and he will need observation for some period of time. .. He first saw the applicant July 29, 1S58. He never took a complete work history but he had a history of recurrent attacks of pneumonia previously last year. There were X-rays taken in October 1953 November 195^ and March 195^. He can not te ll i f he had a ll those X-rays but he attempted to get them. Ee does not remember i f he reviewed the reports at Herrick Hospital. The X-rays taken at the Richmond Hospital on August15 1953. A bronchoscopy was made on August 13, 1958. He certainly saw an X-ray report before the operation. The X-rays shot? an infiltration but they did not demonstrate v/hat the infiltration v?as Ee submitted the lung tissue to the pathologist at the Richmond Hospital and received a report as indicated In the hospital record. A specimen was then oenfc to the laboratory of the State Department of Health. Ke never received a written report from the State laboratory but he reeelved an oral report frost Dr. Singman, a pathologist. j * ;*& *E*55,VSj ih X ^ . I T ********* f?! lfled _ & *+ J .* sill T F * fen***** * * thrra ya - . ____ _ . fm fias# *r h* t^4 * jid l ^ * 1:**1** ******* w rebruarj ?* Setting over the infection. M?*f W i n w r u l l . ttuporuture and further anti- This to the third ,, expe. *ecce, Otherosees were that of niai?ace4.^*at s in his Thcreted, Their eaplojsent record ? b?oth9r and a Hr. In fa ct, Cuthbertson1o ico-^k historv wI as"ildoerinatricacol. that of Cutifoartco: / Cuthbertson - 6 The biopsy was major surgery# and was diagnostic. He did not feel that fibreglass had a great effect. Recent surgery indicates that it should be avoided. Ke told the applicant that he had asbestosis right after the surgery. Asbestos within the lung Impairs the function of the lung. Elastic fibres of the lung are aifected. DAVID SINGHAN, M.D., called by the Defendant Travelers Insurance and Standard Accident, testified in subsicsnce as follows* He is duly licensed to practice medicine In the State of California. His specialty is pathology. He does the pathology at Richmond Hospital. He received the specimen Indicated by the hospical re port He does not know the exact number of actual specimens. He submitted specimens to the State Department of Health on December 8. 1958 at the request of Dr, Crenshaw. He brought them up to the Department of Health himself. He also received the report of fi.A. Soave, a doctor of veterinary medicine. Ke was then called to Sacramento, fthere they had special X-ray diffraction apparatus, and the quantity of formed asbestos was even demonstrated In the tissue, as indicated by the report of the State Department of Health. It follovjs therefore, that there was asbestos In the lungs but not enough to show In ordinary X-ray technique. Ee can not te ll from the repo fc as to the quantities of materials found. He called Dr. Crenshaw when he received the report, but he can not recall If he sent copies of the state report to Dr. Crenshaw but he usually does. If Dr. Crenshaw did not get a written copy of the report the fault was that of the witness, fe, himself, did not see any ^ abnormality of the brcnchli i f it Is not In his report. Dr. Crenshaw was unhappy with his first pathological report because Dr. Crenshaw had expected to find asbestos, and therefore, suggested that it be sent to the State. Fibrosis is usually found In asbestosis cases as Is usual In silicosis cases and generally, the particles can be seen. Host of the noxious agents that affect the lung will cause fibrosis. ROBERT CUTHBEKTSON, recalled, and testified In his own behalf as follows: He did not work at the Pacific Coast Portland Cement plant on Hay 11, 1952, nor on the Walnut Creek School on June 29, 1952, nor at Camp Beale on May 3, 1953. It was Cite prac tice of the company to shift the payroll records to another Job wnen there was a loss on a Job from which the payroll Report was submitted. Ke recalls all the- Jobs In the tabulation except the three he mentioned. He Is not a cork nan so he does not use too much cork. Ee believes that he Just U3cd cork for about a week in his employment tilth Arm strong. - : . . . V-: ;. .. ' DZ3CVS3X0if Am 80X310*1 - 0 * 9 * m ***<* 3* v p ft of 8*<o*n* . P ** f t l%d*v * - %. *;? *r It would appear that the report of Dr. Brown resolve# any apparent medical conflict horetoforo existing in this case. Dr, Bro*n"concludod that the applicant docs not have asbestosis. Therefore, a denial must issue. JHA:afs/ws/rc JOHN H. AHXELE, Referee Ii \ % ROBERT P , CUTHBERTSON . . vs. PLANT ASBESTOS COMPANY, et a l December 29, I960 CASE NO. 59 OAK 1053 ,: report op panel one . Based upon th e report dated March 30, i 960 by D r. Shipman, Independent M edical Examiner, I t i s th e con clu sion o f the Panel th at applicant did not su stain in Jury, a risin g out o f h is employments from Ju ly 1947 through December 19 58 . ; The Panel fu rth e r concludes th a t th e d is a b ilit y complained o f by a p p lica n t was not caused by any in ju ry a r is in g out o f and occu rrin g in the course o f h is employments. D ecisio n A fte r R econsideration should accordin gly issu e . INDUSTRIAL ACCIDENT COMMISSION . OP THE STATE OP CALIFORNIA -- y.r-A,-T.f.^.Tl.T-TnT; . ELTON C. LAWLESS. Commissioners i 1 1-- J * U.iJj-ij t f i t f . l - J . f - '- l f f i * l . V ` U j t J J M, J ^ 4 t V BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OP CALIFOE*fIA - r-;:;:;3;.-^ .^ ^ C s a NO.. 59 OAK 1053 ; ,2 ^ ' -5* - - ' r - a - -- v-v *- ROBERT F.CUTHBERTSON -s**r**X ` *'' ' ) . ,, ' 4 . J ! X - X r X ^ppicnt'v;_ ) :X 5 ; ' S . J ^ r X ^ y X-]. ?>.- --V's;. V>.'>.;> -. . . DECISION ..... .. .. ' ' A F T'E R ARFETCER RECONSIDERATION 6 plant Asbestos company, -j . t. > : THORPE, "WESTERN ASBESTOS COMPANY, .v;*> .7 : ARMSTRONG CORK, TRAVELERS INSURANCE | COMPANY, INDUSTRIAL 8 COMPANY^ PACIFIC 'EMPLOYERS INSURANCE COMPANY, STANDARDv i * i ;,9 ` ACCIDENT INSURANCE COMPANY, and.-:^V STATE COMPENSATION: INSURANCE FUND^:Vi^KV^cfyiiriRi :,. ' - ." ... V . i n t ' ' Cmmkslori - - r; 10 ;v -v-Vv---. : ;> /-v ;^ - - , : - r ^ v h i c - f f i t t :1filCeforrto V .v ' 11 12 - :; .Reconsideration having been g r a t e d .herein and the"'; :: 13 saatter having been carefully conside'^eSl^iWludins the report of 14 examination by the Independent Examiner, as woII as the 15 record as a whole, this Comm - .; 1-r 16 proceedings are not ssent concludes that further hV disposition of the claim, 17 and makes its peciAioh/^e^^^siderafclori, as follows* , }c;, 18 . ` .,` :: GOOD CAUSE. A^ARmj THEREFOR, ' :v- v 19 . : IT IS ORDERED that the Findings and Order, filed herein 20 December 15, 1959 he, and the same, hereby is, :`affli^ d and adopted 21 as the Decision After Reconsideration. -- .. " 22 INDUSTRIAL ACCIDENT COMMISSION 23 . OF THE STATE OF CALIFORNIA ; .24, 25 26 27. *'t.?\'r-^J* fs^f.-^fr r*J* ^ #r-y-%,*/X: %" F. A. LAWRENC SL-TCN.C, I/.WT.RSS 28 Commissioners 29 30 Form 297 21S2 6-6 0 tSO M *R O c i * . i 1_< y * wwaT*'* ??4*'/ 4,s' r ^ i y t v * ? i,*w* * * w "-<v--;''-'JfxJ'-i1-"*y- To J . Z e lle r , Lancaster ' . From J . S . Taylor, Sa n Fra nc i sco , Subject . Notice of Findings & Order In d u stria l Accident Commision of the Sta te o f C a lifo r n ia '. Robert F . Cuthbertson ` ' ' Enclosed fin d in g s and order re su ltin g from the claim of Robert F . Cuthb^rtaon .vs various lo c a l in su la tio n contractors pertaining to^ltn Asbestos i s . cla im , , v , .... ^ ' ;T. ' " You w ill- r e c a ll, e a r lie r in the year.-we received from the Armstrong Cork Company a d e ta ile d l i s t i n g of employment, of t h i s . a p p l i c a n t , w ith the request tha t ,we substarituate the products used by him _ during' his,' tenupe^r of; employeejrt;^nd Report;.:.same ,;to;J f r . ^ i ^ E . Beaudry, Insuance A d ju sto r. I assume you w i l l want to notify, the Cork Company o f th is fin d in g s* and order ."v; " : ' '--.4 .. DJM . . r FILED A SERVED: DEC 1 5 1959 On all parties of record-- H Crowley BEF0KE the industrial accident cohesion or the STATE OP CALIFORNIA 1 CLAIM NO. OAK 1053 2 3 A ROBERT F. CUTHBERTSON ) Applicant ) 5 6 vs. ) 7 8 COPK TRAVELERS INSURANCE COMPANY, IrsM^ OE ^ OE ^ S c f o K P A N Y , 9 10 11 ) FINDINGS AND ORDER ) ) ) ) 12 The above entitled matter having been regularly submitted 13 j* j Referee now raakss his decision 14 before John H. Ankele, Referee, said Rexeree no 15 16 17 18 19 20 21 22 23 24 as follows: 1. f i n d i n g s o p FACT The applicant was employed by the various employers a from July 1 9 A7 through December, 1958, and alleges that he sustained an injury arising out of and occurring in - course of his said employments, consisting of asbe3t ^ : 2 Applicant did net sustain any injury arising out ,, j """" : : ` -- -- -- r - - "B r , ' ,- . .- / - " - ,,goblin, 1 - " " * 25 proxinately Co.use , b v.ia ensploymeh 26 ,, < - " 7 ORDER 27 XT IS HEREBY ORDERED that applicant tahe nothing by 28 reason of his claim asserted in this proceeding. 29 30 .053 JOHN H. ANKELE, R ^ E R E E