Document 7RDXYQ83xxrVa3V34Yb6bKyMV

.,A' ^mewd IN BOSTON C(I<UI HOEFITAL MIU *E*Ot'AL raikiirs house HOSPITAL NtihkTOh e*o*ial hospital TiaCfST acaotuk hospital .la* a Cu*i. .0. t*E*AL OIBECTOt llr* Laurence Locke c/o Samuel B* ^orvitz 6 Beacon Street 3oston, ^-assachusetts Dear iSr* Locke: /c) U December 11, 1952 n< " -u n 2 -i jubc IN WAVEBLET CLtAH HOSPtTAl W. Fbahauh WOOO. M.O. 6>*tCioa IN LINCOLN $to*o house (eoa rai(SCCa T$ > PLAINTIFF'S EXHIBIT ACS-80 T/e have been able to study the postmortem tissues in the case or Lr* Richard Rothvrell in part* It mil be some time before the final studies are complete. However, we are at this point able to demonstrate the so-called asbestos bodies in the lung indicating exposure and re action to exposure* It is our opinion at this tine that Rr* Roth-well's illness and death were directly related to his exposure to asbestos in his work. Sincerely yours, HLH: jria Harriet L. Hardy, H.D*, Assooiate Fhysisian Occupational Radical Clinic Hathwell (dec1-) REPORT Or* EVIDEN'CS 1 ~l *ru material evidence i_B herewith^ ''V Thlna Mutual Casnal'Sy Insurance Company is designated as the "First Insurer and the Travelers Insurance Company Is designated as the Second Insurer* ffgn.T^r v,, MTHTiEEL, the claiacst, questioned by her attouney, testified is now -40 years of age, sn ia the widow of Bichard J* Both*ell, they were married December 25, 1930 at Star of the Sea Church, East Boston* There are five children of this marriage under the age of 18 at present. Joyce was bona January 13,1938* Xllhred was haT*" hay 31* 1939* James was boro on August 8, 1941, fiarold warn boro December 25, 1942 Theresa was born July 6, 1943* Her husband* last employer was the Armstrong Cork Company* She has rot got the dates he worked for the Armstrong Cork Company* (IT WAS AfiHEED he worked therm fra* Kareh 20, 1952 to April 25, 1952*) Asked if at any time while werfcim for twin company her Hushwnd told her "the nature of his work, wibnemfc xopUcft, 7mu Be bold her he a pipe cutter and heat and frost iiiwin-ay -*rwd -asbestos -worker -- it was known under all thorn* tmf*yfisy ta woeicing for this employer he worked, for A*W* Bancroft Company* SS* l(BO*i ho worked there over a year* (IT WAS AGREED he worked for this eesstn from Deoember 17, 1950 to March 19, 1952*) Asked, did ytmr Uuskewd toll you at any time that he worked for the A. w, Banoreft Coapmny wtot tho nature or title of his occupation was (objection noted by consol for Dhlea, *pfm^ insurer*s xcOption is saved) witmems jmS* Aaked,whHt mas the nature of his occupation -there aam*riia to WtfM he tald yen, witness replied, yust a pipe cutter, the same work he >1--iyw d B* had done that type of work before he worked for the A*W* .Bamvmft Cvmpasylsksd, for how many years before had he done it, witness i ipll a prastieally all the time we were married except, during the depressdett| we were married 22 years; about 2 years* Asked, did he describe any f the details or conditions of hie work dmi-ng the time that he worked fer the A* "W* Bancroft Company (objection noted by Utica, exception saved) witnasa replied, yes* Asked, will you tell us what your husband beld'yem about the nature of his work that he did while in the employ of bhe A*K# Bancroft Company (objection noted by Utica -- counsel for Utlaa stated he is waking a general objection bo novar anything which bhe deoednfc bald witness as to his employment while employed by A*W.Bancroft Company * his emeeptlon is saved) witness replied, I know that sometimes the asbestos came around a cylinder fora, they have to cut it, and soaetlM# it came loose and they have to sort of make what he called mud and pack it 9tt a boiler and coven- it with canvas ana do the pipes* Asked, did he ^all you anything at all about the condition or conditions under whlmh he worked, witness replied,sometimes had to climb heights stairs, sometimes he worked under the ceilings, sometimes on the floor, sometime* he worked in what he called tight corners. Asked,when he cut the asbemsmm tubing did. he ever tell you what it was like when he cut it, witness replied, he brought hone some one time and I could see what it was like it was hard on the top, soft in the center and soft of ooddery when you witness always did the family wash. She did observe the condition or his work clothes when he came hone from work.Asked to tell what she ooserved about the condition of his work clothes while working for the c-*4.waaCrft Co*P8A7, witness replied, the same as always.Asked to tell what that was, witness replied, I bust had to take his overalls^befor I wasnea them and had to take them outdoors and shake them hard and get all the stuff out of them in his pockets* She had to shake loos little feathery stuff, this was in the pockets and in the cuff3 and Just all over* -he work shirts would be covered also, it clung to everything* Asked,what was tne condition of your husband's face and hands when he came home from work, was it clean or what, witness replied, Just clean. The first physical -2- RothmelI (dec'd) Chanda she noted In her husband's conditions he got out of breath* iSTflrst nStlced that around January 1952. ^skad and had you noticed a change in his physical condition before January 19 2 from the condl.xon heas In when you first got married, witness replied, yes, rtef .n. Bh^ra-Eiced that he started to Iobc whigiit* Be started to lose Tfslght before Christaa a 3.952** She not noticed any change In his physical condition -prSar to that* Asked, nothing st all, -witness -replied. Except lh tht morning he had to clear his throat, he had a dryness in his throe Asked to tell when she first noticed this clearl*. of the throat and dryness of the throat on awakening in the morning, witness replied, about a year or so. That was a.year or so before Deoember 1951* Her testimony is that first physical change or symptom she noted in her hrTM**TM1 was this clearing of hia -threat on .awakening in the marking and the dryneBB ^-n him -tfryeat, -th. -thl-ng' >>*--mrt:ipd wag the weigh Iobb the third thing was that he got short of breath and this was so* January 1952. taxows where her husband was working m January 1952, it was at fort. Kent, Maine. She was not with him at that time* Es caas horns -for 'Washaton*s Birthday which was in February* Prior to -that ha was at Port Kens crb* home for Christwas .She saw him at Christmas mal then over Washington Birdmay weekend* Asked, at the time you saw him over-Washington's Birthday did he tell you anything about the oondltl a of his health between those two dayf,wi-tness replied, (objection. amM* by Utica, exception .is saved} yea* -Her husband had nailed her up* 8* .limy nailed her -- he her every week on Thursday* Asked^ >> tell yen anything about his health in these telephone ocsversatlvaft fcota* Christmas and Washington's Birthday of 1952 (general ebjeetleft atiGMl ly Utica to the conversations, exception is saved) witness replied. Up he was not feeling well* Asked, did he tell you in what way ha feeling well, witness replied, not too such. Asked, when he and saw you over ai->*:tiriay did he tall yas ssythSag the condition of his health during-those twa paths befereiahjeskistl noted, by counsel for Utlsa and -Travelers, their exceptions are ttsaf} witness replied, he -mas sink at fort Kent, he hmA been-very aiek* Asked,-when he told you he hA been sick at Port Kent, did he A--rfha ta you how he had felt and what he had, felt when he was sick, iritneas replied,_I can't reaeaber clearly* Asked, do you know from what yes* husband told you the reason he left th. o>wfmy^ (objeotiq noted by Utica and- Travelers, exceptions are saved for both) vttSBa* replied,he told me that there was about four IncheB of water vtaes he -os supposed to be -working, he said he told hr* Bancroft that he was* dlft and Just could not work thereto he Just -left* _Be then obtain**, tfch* Job with the Arwtrong Cork Company. Aw-it^j .hid your husband, hp was working for the Armstrong Cork Cowpany, at sometime before any was brought in this case, did he tell you then what was the type of wee* he was doing in the employ of the Arastrong Cork Cowpany, witness replied, yes* Asked,and what did he tell you, witness replied, he was an asbestep worker* Asked, and did he tell you anything about the circumstances or nature or details of that work for this particular ftnapwwjJyi replied, he did tell jfce he had a lot of stairs to cliab on thi* Job* Asked, did he tell yiu anything else, witness replied, it was a new housing project* This was located in Roslindale. Her husband was doing the insulating in this project. She does not know what the insulating was* Asked if he teld her what insulating material he was working with, witness replied, no, I don't know the material he was working with at that time. While working for the Arastrong Cork Company she also washed his work clothes and shirts and slacks. Asked, and did you have occasion while he worked for the Arastrong Cork Company to observe anything about the condition of these work clothes as to dust,witness replied, I don't reaember* Her husband left the employ of Armstrong Cork Company on April 25, 1952* During the tine he worked for the Armstrong Cork Comoany he lived at home. Asked, tell the condition of his health as you ob served it during the period from March 20th to April 25th while he worked t*le Armstrong Cork Company, witness replied, seemed to get weaker, not better. Asked to tell what symptoms she observed about him during th# period he worked for Arasgrong Cork Company, witness replied, he was -3- (dec'd.) starting to get irritable and he never was irritable, that wrs a change, and he was tired and was not eating good, he Just did not look good, that is n I can tell you (objection noted by Travelers to the abasement 'he Just did not .look good*, exception Is saved)* Vhen he came ham iron Jort they were living in 11 Kington and her husband want t Hr* `Gerald Eagan of Clark Street, WllKl ngton^ They were tut 11Ting in ~Dorehggter when he worked fort he Armstrong Cork Coapany.Her husoand saw the doctor either on the 22nd of February or the day before, it was ir. that vi-clnlty.Asked if'Dr. Pagan continued to be her husband's doctor until the tine he went to the Massachusetts General Hospital, witness replied, not in entirety,' no* At some time he saw Dr. Edward Hogan of 6 -Lynawui'Hf. street, Dorchester.* Be saw >*i in Hay. Aaked, had he been under the care of Dr* -Fagan from February Bay, witness replied, wore or leas, T'nean the doctor came a couple of tines to the houBe and he went to the office a couple of tlMes-Asked, do you know -why your husband left the employ of the Armstrong -Cork Company (objection noted by travelers, exception Is saved) replied, yea* Asked., at soae tiaw* before yonr iipmfawnd stopped work at the Armstrong Cork Comjsniy did ha have a con sultation In your presence'with soae physician, witness replied-,yes* That was with Dr. Hogan* Following that consultation with Dr. Hogan her husband stepped work at th*> Armstrong Cork Conpany* Then at sose tine he went under th. care of the Massachusetts General Hospital* A friend, George Bay,lan, Jr*, referred-bin te the Massachusetts General Hospital* Eke hellOTi ha first went to the Massachusetts General Hospital tm June 23* 1952-. Counsel for the claimant offered the record of Maasachuaett* General Hospital for this record* Counsel for the (Travelers objected te its adKlsslon in its entirety, specifically objecting to the history and any diagnosis based ai the history, his exception is saved? counsel fcm* Utica "Objected to the adnlssinn -of thus record, his exnsphlan is saved* The record of Massachusetts General Hospital -- Halt -- is made part* of this -record by reference and -my be found -l&Vte Sard file* Counsel for Travelers requested his exception be saved te request' for some part of this record to be deleted* TO CQTJHS22* FOB. tkk utirA; She ^ A say her was up in Italne daring December 1951* January ahd February 1952* Her hoapond came haae Washington's Birthday and she is sot sura whether he then resumed te Fort lenj* Asked, you thtnh >* umrnm hem on Washington's Birthday sad than, d-id sot return bo<9ar*~ftnttysfe&BKar-rat&*d 1 daa*h think se* Hhsr husband did nose June far Chrddtmhs And fchfc'imrt tlae after that wasr on or about sshnt2znfs Birthday* was UiFehium-iy* or her aaa- knowledge she does not know what hid condition was in January 1952* AsM4* and when you told us a little while ago that you noticed ha got shark ex breath in January 1952 that was not as result of any personal observation* which you had aade, witness replied} I m ao tiwv^~~in Janaary* Asked, that tis what you told us,witness replied, the only tlae 2 would have seen him was whan he left after Sew Tears* If she said preciously that he first notloed he was getting out of breath In January 1952 that is net an as she did not see him then* Asked, and your aeaory now is that you havo he clear reoolleogten as to when you first noticed hia getting out of brmddi so to speak, witness replied, that is correct* Her husband eawe home in December 1951 a few days before Christmas. Shs would not soy he started to lose weight in December 1951. She did testify that clearing of the threat started in Deeember 1950* Asked if that seemed bo get progressively worse !* on the >, hitues. replied, got her husband worked for the A.V. Bancroft Company he worked for the Hew England Insulation Company* He was doing the same type of work there* That Is the work she has desorlbed here* She thinks he worked at the Hew England Insulation Company quite a while* It must have bean over two years* Her husband went to work for the A.V. Bancroft Oompany directly after leavla hib employment at Hew England Insulation Company* There was no layoff ?r aaftiling of that nature* He went to work for the Bancroft Comuanr within a week after his leaving the Hew England Insulation Company, Asked, can you recall for whom he worked before he worked for the Hew England Hotkwmll lotion CopBT, xltaa.. n; not giro th la ordr, I don't toaow ij, i o ^ f tna Insulation Sorted for th. H. Znglaniof mdc tint in did for Canpaag of -How Jorssy* Tnnra in ji-nnmft Conpnnj nad -Amsmmg Gompaax S3nglnnd insulation Concur, A. *. l^Tzr,Taiont a ynar. . far thu Insulation nmpmxy * 1 -TTt- durtogtto depression* During the 4eprMli H oj SSrSerT-rried Decemtor ZU 1330. Her toeband ^* U%ZjliTM Semitime in tto early Thirty's ott of * to resumed working ftgain kt tto Pjpe of work all* kn. in tto y*per thatttoRr. toamwft far wk ^ tony* wsrrtrmrttoiaAmd. She utomrstood that tto to# BanarwXt for who* tor husband worked had a mil atop. Her reomllmotisn in that tto day tor hnstoid stopped writing fur tto A. Benaraffc Conway to than started to war* for tto liilPftic eeicpany tto nart amy.gge did net tore occasion so mail too alwthas tolls to iu up fort Kent# Hacr husband iA sot send thus tone* Aatod, and. res don't toto ef tout own imialedge under what oexuiltlena he wanted whlUe Jb Vert Hast* witneaa replied, just what to teld ae#Vton to told this hernia* eeent tto eeawtltioas under whloh her kambaad wrked that wwbajs ua thing tor taabaad telA tor? Sto did not fallow Ida areaad* TO COSHazLTOB 2SB IMKISESiHer Jmatond bnwgfct hto areraTU toa wtfyto weeks for her to wash. She la positiwu of that. Be used te lenre the orertlls in his tool kit wtost. to did net bring the* tome, inked# to when you testified this sorting at to the condition of his overallwyen enly saw those overall* onoe trery too weeks, more er less, witness repliedj yes. After her huebead saw the Aoeto* en February 21st or 22ad to wait tosh te work for the Bancroft Company* He oentlnued to week far this eeapaaa watil Harsh 19, 1952. 39k* next toy to weak te work for tto Araatreay- CmaS SBM7. Frm* the tlae to sew tto deotftr to ysbruary 1952?p natll to ace tto doogar In April 1952 when to stopped wariciag, she obserred that to m different, to was Irrltdhla. at times to was- set eating geed, to was me# sleeping good. Asked, anything else* witness replied, jnst wae met fUM geed, to was sot himself. Asked, was to-*caaplalnlng te yea about anythin* taring tto period fres Pebntory 21er 22, 1352, witness replied, to iimspTIm of his otost. Asked, toat dto to oewplakn about to kis otovt,witnessreplied, an* morning to get tq2.nBd.weaS. ta tto. hathreea -nd case bnok*H91d2ah kls chest tightly, to said *1 cto^t breathe, ema*t breathe'. Asked, yea testified he started te get out of hreath la January 1952, witness replied. 1 meant to found It harder te breathe. -Asked, what did ywu ctoerve atom* him during ttot period from -February 21 to ejmn -25th, anything else.wtfcaewn replied, I don't know. Asked, bat ttot lathe oondltloa- you observed hist to be in free February 1952 until April 25, 1952# witness replied* yes. Prior to that she had rot seen him for substantially two months* Asked, and you*re sure this was the condition to was in from February 22nd to April 25* witness replied, yes. Asked, no question about it- at ail, witness replled^aa* H* HAEEXE L* HAEDT, called and questioned by counsel for olaleant, testified her professional address is Massachusetts General Hospital, Medical Department of H.I.S. in Cambridge. s** 1 * physician and licensed to practice medicine In the Coaaonwealth Massachusetts. Asked if sto has a particular speciality la tto field V wliod she aakes a apedlhdl study of occupatitoal diseasi Asked if sto holds any position with regard to that speoialty,witaes *lg*a*4 replied, yes, I haws charge of tto occupational medical olinle sad at K.I-f. I am assistant medical director in charge of the occupational w*ws <#i serrlei Asked If in that field tor work is urlaarily one of treating patients or primarily one of researoh, witness replied, lt`s a combination of both those features, in oomaeotion with her specialty sto deals with dlteasea of tto chest. The deeedent to this case was a patient of hers at Massachusetts General Hospital. She first saw him on June 23, 1952 at tor office. At that time sto reoelred g history from him* Asked to tell the history she received, witness replied, he gave me a history of gradual onset of coughing in tto morning oausing him to vomit in January 1952 without other symptoms (la answer to counsel for Travelers witness stated this history is one in tor Rothwall (deo*d) proa rioor<U), he lc.pt working for tkr.. nek* la til* int*. Ju ms told to stay i* af PjV*lcim wko said he had thezrlPM* then began to bare severe pain la the lef* shoulder blade - wopitlS tta morning, better when he moved around, nuoh worse at nig at, thnre was increase in cough and about "thl* tlm he began to be aware of a.fln^i Tig ahortnnra of toresth#te dated ttet as about ftaroh 1* A952* 11 so trouble***#-' that he bad to da womathtng about It# about -April --,-*-952 he -went to his -phywlolaa lADorohe*rr,Vr Edward Hogan# and she has talked with She got her history from the patient* She got the history and then did the physical and then talked with. Dx* Hogan* The patient gate her the history of Dr* Hogan telling him after his xrays that his lung had collapsed(counsel for Travalar* objected te this being admitted, his wwope^on i" *# ~ cnsnaml. .far Ht&aar.als*. dbjasbed to thin being admitted and his exception in anted*) *hr hiathry oentlnase that from this period at tine la -April 1952 the pdtlnfft men been taking penicillin end iron and sulpha drags, he had dome oonstlpetlcm and a burning sensation in the left amplt, he yeported a weight loss of 16 pounds be, January, a shortness of hremtk that he noted beginning ta Jiaroh nod warn getting worse wham sees, ihrftaa*, hla appatlte was fair# the mediaml history that he gars Insofar as it was imgpshfeeeW was thap- he had brrmehltU 8 years ago, he had had slight sites iafactitaa. with same coughing hat nothing sever* enough to heap him out df'hi* Wt, he had xrays takes frw* time to time In oawaanlty surrey and h* was Mter told tharems axytha wrong, his father ms t^mgaa te hr* twhdtrauloxln# that diagnosis was net nlear, the pwtlext gave It ts hitwham mad the put down a ^asstia mrk after it, the wan sacked hotIjfe pips ate eignrettte-avermglng about a peak a day until his present -UlAets,' h oteepdttcaal history wa that he began working in a store as a clerk whllt still at seheol and ha did errands at Boston floating Hospital for twe rears while still at framed and during the summers he was a shipper at Pilgrim Press Company# he that about 29 years ago, wheal he was kite* 17* he wmrtaed off had as# sometimes with his grandfather and with m aarnbmr of aswpsnAeaa# d> eallad a heat aaft frowtriasuarter-mad him desarlpisiaa af> ihitlppr that ha reoelxed asbestos bsards. Its sears# depotelng n the-' eaiapnnp with which he warn woridagClTi iwstt td bsnsMl far Traveler** yymelttte as to what period of development ah# id now tfiklag mbeus wltwaSs she is talking about the hlsttry te gate ter-covering 2fr year*. } He gate mo description of any specif1* towards# assawtms boards, te gwrm a description of his tgnd# or test text fgwsg taswlmtnfg* Hts-mrstewlar Job was to out ate nor-the a sheatoe board* te fit pipes and needed for Insulation. Visaed* did a physical exalnatlon at tte tlau tf she followed hi* while te was im ste-teottal daring him varlam admlsalcnay wttwees replied^ mttette ueephiam of Me ideiwif la J*3y 1" * *r Mini**, a, ftiionwi lo* u In. oi iw >nMne. V**9** ^^vtoea.te returned te the hospital after that she followed him* Aflac him, death, ta ausapay tea performed* She had- a chance te read thh ^tt#py protocol and the different autopsy material. Having in ina mer dteftM oontaot with this ease she presently has an opinion as to warns diagnosis of this man*# illnmss wa*#* She did tmmtlfy that she fallowed this aam throughout his entire period of htospltallzmtlem, that she revlvwte the autopsy prooortel and saw some of tka pextelogi cal material In connection with the autopsy* In addition she is familiar with tte hospital reeerd Itself* TO ffcJttSQKKXSSXQKEH; She did examine this Her first examination was on June 23, 1952 team she dissevered the man had a a2l1Wf# f lower lung, he obviously had lost weirht. fe&owlag te had etest xrays whloh sue viewed with the roentgenologist* and discovered that he not only bad the collapse of hte left lower Itzmm but he nad evidence of tensity by xrays lg the right lung, on the basis of these findings she reoommended his hosmltalizatlon for diagnoatle studies* He was hospitalized, *hes were made by her colleagues In the hospital at her suggestion, she was not there. Ashed if she oartlolpated in some of them,wltness replied, only to tte expeat of suggesting taam* Her holiday came during this period and when she came baok they went over th material together. Asked, if she supervised or controlled these studio* or -6- Eottorali (dec*d) th(tT merely a suggertton on. her jwrttwitnes re*11?* * UuSw2.d TOtte axtnt of balag th* settlor offloar nlu> 1. dolnt tjuTreooaweadlng, there were other doctors around. The resul-s o. studies were made available to ter. Based on tie bistorj ste reoelvad, physical examination ate conducted, the diagnostic naterxaj. whichwas d available to ter, she and-ved at a diagnosis la **1* a,.. Bar diagnosis Teas carainnwa of tie lung -and asoestosia. TO COUHSEL FOB THB CLAIHAHT: Asked after eke reacted the dlag- nosla ska tes Just testified to, did ska have any furtter ooataet tte mtn* during kls period of hospitalization, witness replied, yes, X did. This farther content was tkat ske weat to see klm very often Kklle ke was Is tke hospital, ooasalted with otter pkyaielanw" about tke eoorse of tiwteast tans than diagnosis m aide and falloyed kls case to tke time o? kls death, ske -was jot a sltaess tft- tke autopsy kt followed out very o#**rfoHjr wfevt those findings were. 3ke iareelf personally viewed some of tke autopsy, mterlal. Ske personally viewed a slide of tke lung. In tke eoorse of ter wedleal training ske w ksd oacaaina ta rsaalTW trwlwlag. in tke field of pattelogy. Asked to tell what tkat training was, witness replied^ ske had tke usual ummt of pathology as an undergradnatb*aeanlng ske took lecture* and so on, wken ska was towns officer st PTfcUndeJphlw General Hospital ske kad intensive training- in. pattelogy white iwvolved doing a greet awewnt of aufeopslaa. then ate task earn lewestmr la tkar rrf -pathology la 'Qatvarslty wattag aw istanktsa study of certain pathological problems, slnae tkat tine ItSs bate her privilege to sssociate with Dr. Trsoy Hallory in pattelaglaaZ studies of occupational diseases. Asked, do you feel, tkat.yea arar qualified to view these pathologies! slides of Hr. Botkwall** Zwsg tissued objection noted by aounsel for Travelers and Utlsa, tkki* exception is notedj witness repHed,yae. Asked te tall mfcat tte revealedtbkjsettea -kOted and exception saved- far gankhkl~Tg gy and Utlaa), witness replied, showed what Is known as: yulajakjy flbroals, earring aaar tissue and reaction around tte talks, large C8l9&Mi&telttbte wsually associated with tte prteaste foreign waterlaX, J ska what are known ar agbujkas bodies ead Z mm oellw of wal 1 gnawsyt cenaaal fte frwTelers objected to tte about tke asbestos bodies asdrkis wansptlon is waved>. dated- be describe tte asbestos kodlas for tke purpos# of tke reeesdi wlta rolled, tte asbestos bodies as seen iajfchls wan* luagcaxa aAnte oodles tkat take on lion stalk white * they jpUmus S+S3* f0*** T*yy -la leaagtk and contour and are with tte Vntortatlng of- narsmig-sHioacea nf wwiaw ^stessmi is mm (.counsel for Travelers objected to this tesSlaoay being admitted. exception is sevedj these akksstes bodies are- bite of aabestes fibers surrounded with blood pigment wkieh bare clung to tke asbestes irwi ne during their long presence in tke sadll teonakigles wkiok is ^ P5riu0^ tlle bronokial tree, their shape varies, depending on tke lencSfe or the asbestos;fibers and tte length of time it's been in tte krenshial Jf*5* "fbedtde you now have an opinion, based upoa tke oastaot yew kad wl't* this o&se as you have testified, as to wkat tke dlagnosie is in tke case, witness replied, yesiobjeetloa noted for counsel for Travelers and Utica and their exoeptloh is saved). Her present opinion is that this s&a died of bronekogenio caroiaoaa, secondary to asbestosis. Asked, have you an opinion as to the relationship of the asbestosis and kls work as pipe eoverer( objection noted by oouneel for Utlem and Travelers, question allowed, their exception is saved) witness replied, I said 'yes' I ted an opinion, ay answer is based onite length of. tine that this oatlent worked in tte Industry involving exposure to fine asoestos fibers during tke catting tewing of asoercos boards, tte length of tine a would like to eweteslsa, and the discovery of asbestos bodies in the lungs definitely prove tte relationship between exposure and tke diseased prooess, it's ny opinion these two things fall in together - kls work as pip coverer and the disease that resulted in his death. Asked, did this give to you at any tine during tte period that you saw kin any specific infornaa -7- Bcrtkwell (ttee'd) aren4reHrea*.r^wl29W>l952*^V"*^?*p^*a*S^%^*.Cdt<ttt.f*rf^i te"oarly^lifie/srHsis,t-oaraye and tie tred. Baaorof* Company ** BaMft Conaar was precisely xi ^SsSSsSsSSS 5-%=^-SS=~, ^ tki 5tli kToftS. did It dry and dad to <u. a srtndm* ak.el of ooe ort or -"**" or ----1 --1 tn at ** that a* yuaaad ^tk. kiafoo Mu* aieetrlaal aqalyaant If M " atdggr ooapany and *ttk Mntun m good dt*l of ogatflyddd arwmd aoont tka dlXjtkat TM tk of fcmsary aka u tpylk* t* tow cut f kimiootmssl for J^i***^__^ obiastsd-ktating tks question was asks* witk regard to hi* work at Bancroft CMsutflaA if tka answer is *t aaaftaad to it tkmm ke wamld like it taktei ot*l Asked IS aka cat U| epmeifla infer***! a* -witkt ra*ard to -ka__^ mark at tk* Barernft Cmgmmyylrtttttgmm repgU#, ** craa* lengtk heatuss exempt for tkl* very, &rl *i*lor*e*t # *** Armstrong _ Company that was kU rest reeG** 5S I* th* dksmuMi* of tke opCTtiqa vTmaTobviotsly tko Bancroft Comp** fta U tkUrtmg ckent, ws talkw* aba tka okarcstmr of the job and k* tali awwit ties tikes that he did .not do tk* i wet, iriMif 1 tkla job wav dome watv 8* did describe to ksr 'tka opaHttik of si-ring the. asbestos powder Into a wsd Asked, did he- deserlhe tkat operettas a haring been performed wkile w&rkittg between December 1?jX95B and Karek 19,1952, witness replifed, I bare no such note. A*kd,_aid^ ks tall you about bis work for tka Are*ttraag Cork Cowrwny- dwaaweemi W*m% 2d> 1952 &qd April 25, 1952, did he give you any specific inforretiem wttk retard to tka character of that work,wttaea replied, tka only , note X bake la tkat tka sost recant work was Similar to kia earlier work bet X tea** ksrve tka premise deserlptlo* of kik work at tke Armstrong Ccnpesy being dlffmi dvt from tkat of tka Bancroft Campe*r*kfited, do yon ksra as aptmTsk, as to wkstksr a Mt tkla esployto**'disease sad dbatk ware usinTTy raiatad kaTe tesorikad it is your prerlona asavep is tka esploy off tka fiaskroft Cossasy ketwen. Deoesker 17,195 asd Rarak J.f9 1952, witness repllaC, so Asked, da ynu kare aa- onlsica as to- wkstkar it was related to his exposure so tka task type of work tkat yam bars aestloaed la your aaswsp- to tk preTiaas attesticm..wkile in .tka aaplop *" of tka Armstrong Company katwaas flareki 2a, 1352 asd April 25, i952,witaaa replied, /on4re maJdng it toagk fnr.sai, so* Asked, is your premeos aaswer yon told ns tkat yos-fst tSSt Sis tXs*ss*-sa- xtssSkvare* related t tka icactk of tlpa tkat ke was exposed ta Sla wamfcjls pipe ooreres, wkeiass .tness rapllea, yes Asked, do you have an opinion as to wketker or sat ke received any additional injury to bis lungs wkile perforsln* sis war* fa* wtke?tBianrcro^ft?CLotmtpoatnyrTMoetwTMee*a*D<e*ceMmb4erto17i,kl1c9k50yobuodkaHvaerofk 19, 1952 stifi" mae arils* tkXa lg * *iwslly souad observation* J 4 bare snak^ dft?S^2T^.*i2^e2t J 7u il*Te ** opinion as to wkatker noreaelrad any adt0 irking for tk* Armstrong cirk Co^n/ foe?* Hi *ur*p ** yo* kava tratified to between bares 20, 1952 and April 25. K5reida%a?*xilfs f9**-,1 ** *P*al** Asked to give ker optSiom ijury to bis lungs wkile working for tie Bancroft Coapany^ witness replled(obJemtlon noted by counsel for tke C^lea stating fetere was'ao speeifl. Information as to wha^ ke"d for dSl counsel's JJoeptKa is saved) tke history from may bask urn a*Ii -- empanJ ta vi if tks asbestos board for use as insulating materl3iobjeotio?aol-- *. toonsel for Vtiea and Travelers and tkelr exception is savad/*tke study of tka ia5lc*t#* * long-standing prooees, depending tke presence )f asbestoe fibers of varying tinea in tttTswall breacbioleswitk re.SSJS** reaction around these 55Sllg5i5;.wtt5ei5!;e bronekloles and?wr h*a*t**a*m<o*u*n*tttatoke'lipttllleil oatakee 6?SS S* of ?L i22^-22f2 they a re no longer of any use, now during the exposure at tke Banoroft Company ke Inhaled more asbestos dust of a fine enough caliber to reach the small bronottioJ.es,he plugged the small bronaklolsa -a- BotfcwmU Hva'd) irkidk TCiuitd la reaction* sounsel for Utios objaeted to the description -Ml. -orKU* for *1. .o^v, qu.lon oj *r~ . wM_ \ la answer to the prevleus ques.ion SSTtSfSS.*U2^i -SSf!-2S"52La?rSK1"lsi a m Mr for hi* emplrnywr between .December -17, -1950 aad -Haroh >?/ >*-* "SiTLr-a* he the *1 or LUo- or -tie ymrtlculr Shesto* fiber* to which he was exposed* did you obtain any information from him a* to that, witness replied,no. Asked, what J? ^mrr statement to your previous answer with reference * ,.i size of the asbestos bodies te which be mas exposed while in the employ of the Bancroft Chmpnmy, witness replied., tke answer la very staple - because of the finding of tSr asPestor ifc-the luag.it had to be small wQtt^a to get thar% there oeuld be any stab** of them arriving at one exact momeirt but 'Because of the quantity of than and the character of them which I hnv* described-try yntt earlier tm wvl&egac of the asbestes bodies it sens reasonable, and oertainly an extra mother of fiber* remehlng that Isqg. set V9 a ramatlea. daring the period jit hare Juet been describing to mat, meaning 3 /ears prior to his daath(oowasel fee Utica objects* to the question and answer and they are admitted dm bene*) Ashed, did yon receive ^^g* fsferastion from this earn to fora am oplniea me to whether or mot he hhd sustained any additional injury to his lungs during the period from March 20,1952 to April 25, 1952* witness replied, ?<>, t have me suoh tftig, flhe does not hare coamgh information am that. Ashed, in a previews answer yea testified that the hreaeheptwie o&rolssm secondary to ashestosia, will you give us yotor reeeons far that rtntearns*, witness replied, ay. resseas are based on d&periame* and study, experience of other oases of individuals whe here aBbcelcsimaad hare died of bremahogenle careina^k, precisely with the same ollnleal feet# and pathological study as Mr* Hosierell and when X speak of study X refer to ay hnowledge of literature plus trgvelllftg In Europe aadtyfcsSrggfSt being at -Saranac symposium in October 1952 at which time the idudt subject of ashestosia sad earner' of tlnr lung was restewed. Hha has had experience with indiTldsal oases-of ashestosis and hronehsgeate rstwe other than, that of Mr* SothweH* Asked to tall what her experience 2sr* been In these other oases, witness replied, precisely the sea# e long history of exposure to asbestos* Asked, do you have an opinion am t* the mechanism whereby the ssbeartesis is nmunel ~ty related to the bremahsgCBmli carcinoma, witness replied, ys*Ia her opinion tthe asbestos fiber waieh i saall enough to raaeh the branehlUew is not big +nmgh to raaHj.^lmg i! and what happens is that during inspiration and* expiration the ambewtee fiber swings bank and forth and tats as a sesm imtant we icaow other meahanloal irritants that have produced malignancy, that is tJw basis for the opinion that the as aestesls oanaed the amaheesmts *roiao*u TO CQUBSEI. POE THE UTICA: Asked, you don't want to tall us you know what onuses cancer, witness replied, in some instances I would be glad to, we hare a preyty clear evidence in regard to pipe BWBZmr0a*A Asked, people ycmndfChcrrarWhpe be a grehter incidence of oaaeer pipe smokers but that is Just one of the factors which you hare found m your studies, witness replied, yes, but if he Aid not smoke the pipe he would not get the cancer, that Is all. Asked, Is It true that you also find oancer of the lung aaoag people who don't smoke at all, witness replied, yes. Asked, It's also true you find cancer of the lunghmoRg people for whoa you did not discover 1ft the history of their occupation or oaokground or anything else that the ltmg had- been Irritated la any wdoaey#waaattaeoxevisetr., wTithneeysshawre* pfloieuadS, boeaonaouesreowf ethceanl'utngfinlda Istuchdo"esan?o?!t mean * - J12,,S!a?~lle?-Tt*eor:r produoe malignancy does not follow tlw tlBe this **a'8 first adalision to the hosplhal she did not fora the opinion tnat ye had asbestosls. she was on vacation during July of that year* On June 23rd he was in her office as an outpatient, he was not eonflned to bed then* At that time she reoetved the history she has stated* Mr. Hothwell was still in the hospital wnea she returned from her vacation in July. Asked if she made an examination of him or assisted or supervised the Baking of an examination of him at that tlM, -ltneo replied, yea. On. that particular admaiiM he *a a*,. aottaell (deo'dO AturvMi n JnlT 18 1952, She did t -prepare a dlsohsrge diagnosis at that witnai* replied do jm wist to understand the ndalTi^tratl-ra aeohaalaa, tSrofiAlw Wjfal, 3 im charge of tha occupational mod^L^iSt' Ireoommend these far admission for *la*aotlo wtudy,*"**^*5* tost they 20 on the ward as a regular patleat and I dont n3o* the I go around and help work the case out but it's not w ultimate responslbil about what Is written on the ehart and what la don# to the patient, what la Just th# aeohaal** of the hospital* She saw the aan la. her office on June 23* Be waa later admitted to tha hospital* He was admitted to the hospital with a tentative diagnosis, that is the way It is dona, ahe sees on the raoard that it states 'asbestoslm* with a question mark* She h&s the origins! of the hospital iwnU Asked* and do yon find in the original record this natation under July 2*i which rends 'first Maaawuhnset: General Hospital record of this 4Ayear old white aale who enters with diagnosis of ^possible carelaaan of 3iag*| witness replied, yarn* The question wash steads for possible, quwstlomablm, Asksd, at the time of his admission to the hospital, is there any referease in the hospital record of aay asbestoais that you sen see, witness replied, on Jhly 3,1953 It says history is compatible with a diagnosis of asbestosis - these are not my notes, hated, what I'm trying to get is this, who would put that first questionable diagnosis that was inserted there teen admission* would that be somsthlss -that would owns fro* jtnxr roesrd am malt of your exsntatng and studying bin cos June 23rd, witmees ropHd,no, 3 Just explained to you, the administration haa nothing to do with me, that la important, there are technicians*, researcher# and xray aan, I don't dictate opinions to then. Ashed, so if I uai srstaad you you're not responsible for any of the opiuioms expressed in tirmeid itself* witness replied, I certainlyaw not- She studied the reward carefully* Ashed if thsre is any part or thr rbeurd she'-disagree*--with* witness replied it would fc* awfully queer, if -ttexs were sot bat J dcs+t sue the# enters into my opinion. She has rwwiewed the raaerd, There in 1# treatment for the disease od asbestosis* it in a progressive disease without any treatment known te te*v Ashed* what would be the effect of naaerous xrsys an an individual'* chest .with reference to this eanditlem of asbestoais, would it aggravate it, witness: replied, you're the diagnosis or therapeutic mdlhhiaa* Tte therapeutic radiation wms given in this case for the treatment of caacwv<Thc record ahows this' aaa did receive therapeutic radlnttan, Ba rceutved quite a amber of thaw* She thinks ha began to hare this h* him. stete* admission - he had a lot of xmys taken at the .outpatient dmpfthSlt Anted, lt*s m jfaat,s it .amt* that therapeutic xray treatment aateUft he datrimeatni to nin insofar sa the asbeateaia condition is erms*r*edfc .j&ftfcMs replidd, no, I don't think one aan draw any sues conclusion* Steknr sort believe that, in fast counsel gaT# her an idea in that KhnsKCgK'a? the tissue eight do son# good* The therapeutic xraylng was done to 'totekf ewt the cancer cells, shrink the tissue and sake the aan nore bamfartahle tart no one has the slightest Adi of treating with the idea of curing him, it was simply a ease of putting off his day of death* Ashed, so if the recei'd itself Indicates that the hospital was treating this san for cancer from the day of his first admlsalj that is so, witness replied, as soon at the diagnosis was wade* Asked* that was aade on the first admission,witness replied, I think that was made about July loth* Asked, wouldn^t therapeutic xraya oauam an increased fibrosie of the lung,witness replied, that would dapend on how auch of the lung was exposed to the radistion, usually this is fairly localized SS!5t5fS'^2*r^5?i2f ***** ^ to *tT* **** radiation, I could talk It 2m2whlthaik# rail*tl0* lf r ***t *> t* She does know if one gets S5ff"8K1gJ5r8i Asked If in the treatment of asbestosts where the bronchial tubes are JtZe i* 0rder t0 allTiat ?dat condition do they not administer dru* rthsisu^. 6W* iwtniethssarsebpelsietoda*isw. eThuesey dItidhnuot th"aore itnoltabtehains'able there wss too such earolnoma* Asked, and that was apparent to you fro* the outset on the first day you examined hi* with the collapse of the lung, witness replied, there wsa question but that is what *his was -10- fiotlarall <e*4d) jLfc*d you have note* with you with ref*r*n*c to the history tkat ycfu reoalved from kin as to the employment over tke years twitness replied, I don't think these are sat is factory;; they are ay writtenhorihkled rotes. She has date* In that, ske waa trying to get a description of kl* work as heat and. fr**t insulator* lake* If *k wrote loan all aha got, witness replied# on* doe* not do all that, there are a good many things tkat a man nv* tkl* tall* m* fret jera not written down, preels-lj - kave not got down, here tke enact day* wkaa he worked for this oospanyTthat company. Asked, when you firtt examined this man you were mt interested in fixing liability on a particular individual lnsomueh as you were in waking * diagnosis,witness replied, ye*. Asked, and it would be important la waking a diagnosis to detemine how long tke Individual had been employed at tkl* particular Job, witness replied. It dogs not seen, relevant whan yon kar a kistory tkat 1* so long In tine of exposure* Ske haa ted tkat he worked in a stare after school In kl* early youth* Than while still In sehool ke worked for two years fof the Boston Floating hospital. He worked at Pilgrl* Press as skipper also* fie worked there about a year* Her next notation is tkat ke worked at Vaverly Heating for one year. Pall owing tkat ke did____ vasan work, ks worked off and. on with kin grandfather in. tkl* cement work* fie then started at what ke called heat and front insulating and did it off on for about 30 years, he cut and sawed ashestus board to fit pipes, boilers, ete. Ske was interested in this 39 yearn1 employment in thin particular trade* Asked insofar as what he did while working for a period of 13 months for one employer or two years for another employer at the particular tine jom reshlvwd this history yon were not toe iatsreatmi in finding out tke details of tkat,wltness replied, that's right. Asked, nd nowhere in tke record does It indicate how nuek asbestos ke cane in ee^ tact with while m tke emoloy of tke Bancroft Company and mnrkere in tke reword does It indicate tke caliber of tke asbestos while werklng for tke Bancroft Company,witness replied, yes* Working with aabeetee require* one to have proper ventilation or the wearing of a mask mad then it earn be done Insofar as her rewords are Concerned ske doessH know shatter while swicing for the Bancroft Company ke was out in tke opi er in a cere* fined space, what the situation was with reference te ventilation* fihe saw this patient during his last admission to the hospital -- the last part of Hovemver and first pert of Deeember. Ske was not tke se-e&lled attending pkyslelaa at that time? the was was os tke ward* Ske had arching to do with tke preparation of the death emrtlfleate? that was done by tke house officer* She had nothing. to do with tke preparation of the final diagnosis* Ike diagnosis of asbtstosls throughout tke hospital reeod was questionable but that antedated the postmortem. Shat is true insofar as the hospital record Is concerned* TO C0T7HSEL HOB T&AvatOn looking at tke slides following autopsy she observed some elub-sreped, pream*colored bit* of flberw and oecause of their length and contour and duration la the bronchial tre* of tfe lung ske concluded they were asbestos fibers. Asked if she had an oplnioh tily beMl there a year or tan years, witness replied, nc* Asked, they had certainly had been there longer than a yer in your opinion, witness replied,! don't think I gi* you an opinion on tine. Asked, tka fibers that caused tke cancer which produced the death had been there aueh longer than a year, that is a fair statement, witness replied* tkat seems Sleiiid^wff^T* i* la her opiaiouthat is true^ritnesa replied, I wish I Would be awfully flat-footed but I'a eertalnly wllliM t go along with you on that. wi.uL.ng to TO COUNSEL POE THE CLAIMANT: Asked, the diagnosis of asbestoai. beinJ i^aoSatST^ h? tko record on at least several occasion* a* Xj24,y!IIm 41*noalsa was tret confirmed by the poiiSorte^iitS^I ofthraljF^^P11^ TM^hoi:i^dtheSas1be;tos1fi;j^a;h?5ht:?o;a?i0w*4 ZSuSl a?e?r^hW^^Ser?^^rr%i!^USti0i. 1*51^4 Sld^J^1tb'WlCa*,S r;lled* ao 70U "rt bring that into wtot I have said because the asoestos fleers move around. Asked, while they sore aobfouthnedmthneigyhwt liellavneot tnleeavseysttehme ; styhsetyeai,iwghitnreIse8avreeypaliteda,iy^yetlsn,e.theSyn* whailsl*nmSom* opinion as to how long tke fibers which she saw under the slide were in tk* system* -ii_ Sothwell (dec'd) Counsel for Utioa renew** his request that the question* sad aaawer* admitted de bene be strloken fro* the record and ^oaalasionar rule, f.^y ba allowed la until, the. entire reoord had oeen submitted* At the continued hearing held la this case in Boston on Friday, JjOy 31*1953, the following eridenaa was reported: APPEAHASCESs I** lock, Enquire, for Claimants A*J,HaLanghlin, Enquire, fur Utica Satual Insurance Company* R*yiuskatt, Esquire, for Travelers Insurance Company wrant 7. wfHWELL, the claimant, quartlumed by her counsel, testified she reedgnixas the afiaoTandan booh which counsel has in his hand* 2he found that la the pocket o# the east her husband were to work* Asked to leek at the haaderittaf in that book and tell if she recognizes it,witness replied,yet. It is her husband's* Counsel for claimant offered this Keeorandu* Book for this reoerd as an Exhibit,stating it 18 a work record kept by the deeedot timn Monday, October 28*1951 through -February 19, 1952* that in It the employee listed fro* day to day tin work that he did, that It Ik mppnrakk this man had some sort of suparrlsery capacity tta this job; eeuasal fa^ Utioa objected to the adalsslaa of this Raani'sntfm Book; Coaaissieau ruled the Maaoraadma Book was to be admitted as an Exhibit and eswa*tlSM is saved for counsel for Utica* JCEHH Z `HUGHES, called and questioned by counsel far clefJik, testified he presently lives oa Barry Street* Dmreheater* Elm oaoupatlea is that of asbestos* worker* Be is a saabar *k the Heat ahd Brest Insulation. Workers' Union* fie haa worked aa as beaten worker about Jj years* (Counsel for alaiaant stated he- was offer!:ay this wan as szr expert wigimss sat taw sratte* of a haat and fres* inaalstmn, j During this 35 years ha hi worked -as insulator oa 'Dollars,pipes, saoke f23M and steaks* In doing this work he only had to. mix up the as wastes with water - that wee the only airing he did* H has done that work lilssaTf la that trade he sad oacasion to- out cylinders of prepared materials* fie has done that work himself. Be has blocked boilera*flma* aaA achp stacks hixaelf* (Counsel far si si sent again stated he offesa this man as an expert witness on the trade of asbestos worker and heat sad fnal iasulatlea aan*) Blacking a fine was part of the insulating job* Ihe scan aaterlal was not always used to block a fins* There are a certain limited number of materials used for bloeklsg a flue* Asked, what are the materials used for blocking a flue, witness replied, 85 per cent Magnesia would be one; sir cell board would, be another - this is just an asbestos paper; and applieation of aguesla cement alone without bleeding. Asked, in any of these three insulating aaterlals that you hare just mentioned is albea H used, witness replied,yes* It Is used in the ssgaasla* Each of *py Materials was used speolfloally in lnsulatl^, far heat easing* They also used an asbestos oeaeat* Asked if a particular type of flue required a particular one of those four insulating aaterlals, witness replied, yes. Asked, what would be the olrouastanees under which you would use thm asbestos cement, witness replied, In 90 per oent of the cases you used the asoestos cement for finishing. Asked, how is that asbestos cement prepared, witness replied, it ooaes right from the dines* They get it in bags drop It Into a alxlng box and apply water* Asked, la it the auatom of the ggtfcWU (d*Hi) trad, of a heat and front luaulatla* mn and asbestos worker, la it tke cnat Of tint trad* tlutt the m on tJu Job mix this asbestos cement a fkey it (objection bj counsel for Utioa a* being immaterial, question aUowHJ witness replied, yes* -Ho has don* that himself. TO TEB rMTHsrnwgg2 Asked to tall whnfc he actually observed whan this cement was mixed, witness replied, the dust naturally ralsas up whan the cement strike* the box* TO COUNSEL POE THE CIAIHAHT: Blocking a boiler Just aeon* ap*lytng tk* Insulation, That is don* in the san* maan*r a* blooking a flu*, Vk*A ^ hollar you generally used th* insulation directly in ecntast nitk bollaa* beams** no air spaa* was called for but in a flu* they used an air space lath to glT* air space whs* bloating it, She arsy used naa* Asked, yon said In answer to a prerieu* question that 90 y%T mint. Qf tbo tine tk* material us*d in blocking a fin* i*s tbl* asbssten would tkat sane figure apply in bleoking a h*il*r or would It be % different preptetlnm, wltn*aa replied, me, lt*i tbs sans thing# He vould mf tkat 99 par uat ot tk* tlaa they used this ssbcctua cement to finish* in otkar ease* tkoy usad tk* aabastoa oemaat to stick tk* blocking to tk* boiler bus tkat was not m gaxsml 'pmstloe with srary person, Asked t* tell how k would go abeut sewering a stead pips, witness replied, a st*aa pip* up t* ten laches is generally stunk on wltk pasta, Tk* insulating asterisk l* Asked, is it .lease material or d*en it eaa* la tba fan of a cylinder, witness replied, no, ii*S a ndiU material. Asked ta tell wkst k* neans is tkat,witness replied, it eases Is n **ld*d fern up tS approximately ten make* and then wolded in segnentai form ffva ten lneke* on# Ho neans it ooae* pre sbaped, Tbay do here to eat it te fit# Asked, on tke aaterlal tkat ybu used la there any label or other teg staking wkat tk* aaterl&l is composed oftobjeetlon noted by eenanel for Utica, question allowed and wroeptlaa in saved* uftmasu rupBed,pea# S* ably knows of four companies. who manufacture tbl* material. -- tiasy are filsbe* 4 Mstersun, Johns-ManTllla, Phi illy Carey; -Everett Ashesta*.Ashed, is yomp aanory sufficiently strong today so you could t all us today wkst sppmars on tke labels of tke" added pipe covering produced by' any of tkese four amnnfaettzrers (objection noted by counsel for Qtioa, question allowed) witness rppllad, 85 per east magnesia #* tkat -is si y Asked, doe* it say anything there about want tke other 15 per ast is there,witness replied, newer stated, to ny knowledge. Asked, wkat doe* tk* para** `eenentlmg a boiler* refer to,wltaeem- replied, that is singly finishing up the work# Asked, wkat is tk* substance-tkat is uaed in that operating, witness replied, asbestos eenszet. Anted, wkat tr ta^ pwgee#r*f#>rtTg fittings* aeaajpclta&ss replied, putting n_n the .asbestos -cement a-nn caaraaning# TO COUNSEL POH TBAVK12SB5: He didn*t toiow Mr, Hotbwell wary well. He was on tke sane job with hi* but never worked dlreetly with hin, fie newer worked dlreetly with hi* so he never saw what work he had been doing. Asked, there are a lot of the duties on tki# Job that are not dusty, witness replied, I would not say a lotlt*B really a dusty Job.Aaked, you tk* alxlng is dusty,wltnesa replied, eran tke application la dusty. Asked, after you have sized the water with the aaterlal that Is in this bag,th*e when you apply it lt*s wet and there is no dust, is that right,witness replied, no, there l* dust wkBn.you apply it* Asked, when you wet it, wltne** replied,you*re not applyffais wet stuff to tk* boiler or flu*.when you apply it to the magnesia block lt*e dusty* They put tkla hag aaterlal la a pall or tub and pour water on it. Then It1 a wet. The mixing can be a few alnute** Then the sen who are going to uae that take some on a mortar board or pail. They u*e a trowel. The.7*en take g* U a 2*k2 and then apply it with a trowel. One man oan *ix enough for 10 sen. On. an average Joo there would oe ten men* On* man, in on* hour, could nix enough oe*ent for allfche men for the day, S0 t^e other hlae aeaoould go to tke tuo and get a pall or ouoket full of this waterial and take it to where they were working and apply it with a trowel# That l the usual way it is don*, TO COUNSEL POE UTICA: He was not working up In Port Kent, Main* with Mr* Rothwell; he was not on that Job, He worked with hi# ar -w.. -____ Housing* That may hare been, two years ago. It was soaatlae inai9jj5# 'wyajx -13- Eothwsll (dee*d) There are different aeans of app^n* k^^d^e-he-^^nSt sssrs ^^ k^nw)y^t:nifl replied-I10. ID rnmlSCT. EOS SHE CUDUHT: tam one Is PPl7l=f 3^-''TM 'a'TM" TJV^V M"t Z, Lbeatoe oo..no . on a; Ks&sr5i.t: s^sr^rt: ^"Sjg *,,*$tis ,sjsif2safj,ssoSaoa?iisiies?: i}aUitiTamlsooldinedthfoermfo.rmBeosfidae,-wthetebmsels1wgl'tnoefs3threep"lie*d* ^?dSS.' ^"^tSH d cutting of the aateri&l i* dusty; when you*re sawing It, it j and would It wake any difference where you were installing the.eaoia.ea sefaants as to the extant of the dust that would get an you, would sow place, he sore dusty than others,*itaa*. replied*yes,.an. ape* oenstrustlon there would be sore wind* That would wake it sore dusty* Asked* how a bout installing Insulation on pipes that are In the celling, between one ceiling and the floor aboretobjectloa noted by counsel for Utica, question admitted de bene) witness replied* X don*t thl nk that question is put correctly as far as we are concerned, because between m ceiling is not so, you*re not between a celling when you're applyuv that, yea*re open wi-thaugw i-t** between the celling,.when the Job is completed, you4re in the open waen you apply it. The floor abere is la plhoe. Askdd, you're working above against a floor,witness replied,ye. Asked, 1. that work aore dusty than other work or less dusty,witness replied,! think the answer would be Just about the sane. Job, TO COUNSEL POE TR?I UTXCAl Tha-c depends on the conditions on the TO CuMahi. POE THB CX^XSASTi Asked, so if 1 understand year answers, there are three parts of the work that are dusty, one of It is airing of the asbestos eenenfr the second is when you place the asbestos ceaent against the magnesian block and the third 1b when you cut the aolhdd segments to put on pipes, is there any other part of the work that is dusty,witness replied, as far a. dusty, new as I unnerstandfchat question to be is the work dusty, yes, it's dusty, but I won't say it*s~~ dusty for all aaterlals# TO THE C0BHISSX0HKE2 The work was dusty when he used thalr naterial .in aVying nr cutting or applying. TO COUNSEL POE TEAVELEESsAsked, on these Jobs where you were applying or this aaterlal that you were euttlng, there was a considerable dust that was not as result of your aaterlals, is that true,witness mplied* that Is true, I said yes. Asked, in other words on collars that you wight be working on there ssay be a think coat of ordinary house or bunding dust, so-called, la that hight>wltne.. replied, yes* Asked, and on pipe, that ?*J^OT]?rlns * rPairing there night likewise be threk coating of hou.* r building dU8t,witne*. replled,yes* Asked, and when you say the Job of th* duaJM!**11 operatlOQS disturbed and knocked loose a lot tolt^har lher'ir1,:ae*s rePlle<1< ao, la ,y statement... Ashed, r tUi tt prooedure when jou applj aaterlal either to a boiler o- ??*" ?iP ` yU *lsnt dust that wea on these pipes wltneis eSii^^tthacnthirj;su^,bsvu;??8JShT:,iLj?'jth.ciLfrM"<i* * % I s?2 SS^n^ne 55S?tSfwk?gi%2! Kii4asASt)Bri.. "Sii|?erlSri^w1dl4!rs^*0?a?h^J^fe?I'?wi* He did say ?o`per oen^of iround tne oufslae o?ftIt. Jll ofhit^o^?in??t^rlfti.u0,tes wlTM cloth wrapped 'our pipe aaterlal cones that y ^Sith SlSth 2S"?wSiiat-waJ* As*ed,but all 'eplied. no, up to anoroxlSreW ,r oCh on the outsiSe, witness )er coni of your worlPlnTOlvSdHheuseof ?oulf T* S*T 90 p*ercpeenrtacgeentawgoeusia, y?ouwsaoy,wuitnelsds -C,,ht.htat owi5~ tUp t0COt,en ^J*acoilwd * r *hat answer* Asked, would you say a big -lb- Bothwell (dee'd) majority involved material uo to tea Inches, witness replied, on the woric I followed it has been without oloth, most of the work: hae oeea has been larger work. He wouldn't know wh ether Hr.Rothwell workeo. the larger work or with work up to tea lashes* Asked, ,DU*\--*or-* with material up to tea lwahMi it wouhd b covered with cloth, witness replied. It would be* This wet cement was applied to a boiler or other object with a trowel* When that was done. It w as applied only a section at a time. That answer does not apply when It is applied to the insulation on the boiler* They apply the insulation, on the boiler **rst and then finish with the cement# Asked, on the stuff you apply directly to the boiler you put that on direotly with a trowel and that is wet, witness replied, ao.Aaked, you put that on with blocks,witness replied, yes. After he puts the blooks on, then he pnats on the w et cement* The wet oemens is handled in a trowel* Then, they put an one part at a time* Asked, so the only part of the boiler that you touch when you pat on the wet oemest with the t rowel is that part which becomes wet, you don't touch any other part,witness replied, the wet o#menf. hits one part of the boiler and invariably disturbs the hast that is on there* xhey cut these molded form with a *av.Aaked* and when you out then 'with a saw do you usually put them down, on something and, saw down on them,witness replied, I would say 'no* to that question* That Is usually done by laying It down, on a flat surface and cutting across it*Jt is dene like on a table out across* It cuts and the material that you cut is usually covered withe loth, up to ten inches,witness replied,/** Asked, you don't know whether Hr.Hothwmll used any material over ten thehra or not, witness replied, not definitely* D. JAKES STEWABT ROOHEX, called and questioned by oounsel for Qldasat;testifld-< Qualifications admitted as pathologist) he has had the opportunity to review the record of Massachusetts General Hospldii and the autopsy record. If fcbe Massachusetts Geneml Hospital*. pathology department* He has formed am opinion as to the cause of death in thlS-case* In his opinion this man's death was caused, by addaocarelnomm of the lungs -- that was the immediate cause of death - with extension .to^the heart, pldura, diaphragm, retroperitoneal tissue on the left, adrenals,'"kidneys-sad the lymph nodes* Asked, was there any other tn w this man had which was * contributing factor In him death (objection noced by counsel for Dtioa* his exception 1b saved) witness replied*there were other oontrlouting factorHA*ked, what were they in order of lmoortanee, witness replied," this nan bad asbestos!* with pulmonary fibrosis, congestlea of the liver. Inflammation of the external surface of hi heart,inflammation of hi* right lung, externally, and he had approximately a quarter of fluid in him right chest* Asked to telltrwhat there is In the hospital reeftrd waiem him to the opinion this'man had asbestosiB, -witness replied, in the mleroseopla examination ge his lung tissue the characteristic nodular shaped bodies thmt one sees in asbestosls were present, these are diagnostic of asbestos!** Asked If he has an opinion as to whether or not there 1b any oausal relationship between the asbestosls and the eaneer from which this mam died,witness replied he has. His opinion la that due to the longstanding ohronio irritatloa,ai result of the inhalation of asbestos flhers,that thim is an adequate cause for the development of his oancer which led to his demhJi f52!ri dJ? ap*rt fro* '-tB *"ecB la produolng asbestosls itself play any pert in his death atths iZ J1A1Clt;aa?8 rePUeMi* 1 dn*t think so, no. Asked, r want you to assume that this employe worked for Av w. Bancroft Company between * R&rt* 19 1952, that during that time he performed the regular duties et a neat* and frost insulation worker or asbestos worker a?5s iut i** ordinar.il.y .de-scribed. that this work, ?n i5?nkhiLP*rlC>d Occober 28 ^52 and February 1a9n, d1s95s2eoInifaIlcubldIeISt days !ySSis,sSr8i8ii8i lay. la raich he flnianeo fitting., that iS ^saiju-M bicc^d minting aaterlals, Inoluded anong which would be as Deaton oenent he used ,f P5Mlaffffie?0"sriS Tn s-g^n^eSJ It around pipe. and mtlng. that ca.e with the JiSS ttat'ta 5S.6SliS, Botbwell (dee'd) that this wor* was dusty, that tin; dust at^'in^cDnstTSctioa materials eb well as building dust * -?CouSed * that the clothe* Job, that the widow testified as fact thaw he to assume further matt she washed contained $ust particles and I cough which was in January 1952 Ja ^ of a^arHputua, worse in the morning andprwinotlveof a smaiiamouu- BhDrt of breath that ahnrtly thereafter be actieed th*. on exertion nrnaa -ru. and had a shmrji boring pain below the angle of his left s*^1**- that he was out of work from February 21 to February J9^55rSted fo^*'wist hose fro* the Joo which he was doing away from hone and was ,, rested ro. wna the doctor told him was grippe, that he then returned to -;Qa weeks and finally oeased work for the ranoroft Company on March 19,WZ ^ and went to work for the Armstrong Company from March 2,^19^to A^L_ 19$2t that he continued to do the work of a nemt and frost Insolation worker for t he .Armstrong Company, that he finally stopped work ^ ,b^ following consultation with a physician beoause of these symptoms describe* before, namely, shortness of breath, on exertion, pain below his left aktwldar f*nd sough, now, assuming those facts to be true hs to his work history and the nlstary of the onset of his symptoms, do you have an opinio* as to whether or not the work this man was doing while in the employ or thm A* W. Bmnanoft company, that would be December 17,1950 to March 19,1952* was anoanaya^ lhator in producing the asbestosis and bronchogenic carclnomi^Wioh he diedywltness replied* (.counsel for Utiaa objected, quemtloi admitted de bene, his exceptions are saved) 1 do* It is his opinion that sometime during A951 this man. developed a hellgnawer of his lung am secondary to his asbestosis, the asbestosis was a factor in causing the malignancy to start, that Is as far as he can go* Asked, do you have an opinion as to whether the inhalation of dust from Insulating materials in his work during 1951 was a factor, aggravating or precipitating fboter. In the asbestosis and thereby of the caaoer( objection noted by counsel for Utica,,his exception is saved) witness replied, if he inhaled dust containing asbestos during the period of time it would mggnrvate his condition* Asked, do you have an opinion ms to whether or not his work from harsh 20,1952 up to April 25, .1952,for the Armstrong Cork Coaemmy, assuming that he Inhaled dust from insulating imperial* at his work. Including asbestos, was a factor in the asbestosis and. csneer txvn whloh he died, witness replied, I have an opinion* It Is his opinion that it not play any role* Asked to give his reason for that opinion,witness replied, because hs and carcinoma prior to the time and carcinoma was the emtn of the death* Asked, didn't the further inhalation of the asoestoa dnrlxu the last six weeks play any pmrt in the aggravating or worsening conditio* witness replied, no, I don't think so* Asked, did it nlay any oart in pro ducing the death at the time that he died*wltneaa replied* I don't think so* TO COTKSEXT ?OH THB "UTICA. Asked, you smy that there was a long standing chronic irritation due to the Inhaling of fibers wale** you say was an adequate cause for the cancer,witness replied, that is correct* Asked, when you say longstanding ehroaie irritation, can you t ellhs how long, witness replied, I don't think anybodyean tell you that; we do know that one of the causative factors in the production of malignancy is a chronic irritating process, when that geglns I don't think anybody can narrow it down aa to a week or a month, we know that cancer cakes a certain length of time to develop, once It starts It depends on the location, it depskalson whether it can be removed or mb, this man's .oaaoer was too .advanoed to remove, they took him to the Massachusetts General and attempted to remove it and found.they could not beoause of the advmnoed stage* when als cancer began 1 can't tell you beoause the line of demarcation between lormal and monoraal no one ever sees, I don't think anyone a*-* tell. Asked fg. r, . <* <*n*tr had it. itlon prior to Karen !&r9!f !?fif :*4 It* lna.pt ion tocauao it was far aavaneei when thay opnnad ilia up at taa ie cannSt flvffdafinit! lfi^lSPthi?kft ?"or la 1952* ho canoar. It oSgS SaJe"?^ STAMPS ?o lrst commenced, witness replied, i would soy the asbestosis had been present 'or many years* Ihat la so because of the appearance of the lungs* Asked, -16- Eotfawsll (dec*d) assume that this worked at the sane Job suosequent ttarch 2b0->e,1*t*w9-*5e**2en* up*thae* zsisrjff1ffsssnsasbestosls ana#secand,caaBer (counsel for Travelers stated -ha. tn_ aoc-o- hat already answered the question) witness replied, nere s a aan Mho oy 1952 was dooaed to death from his malignancy, his malignancy was then far advanced, I doubt the Inhalation of anythin* further accelerated the growth of his lali*naacy. Asked, do you have an opinion as to whether or net working during that period of time was detrimental to hi* (objection noted by oountel for Travelers, dootor allowed to answer the question) witness replied, there are certain patients with Malignancy that you advise contin uing their Job and working until the day they die, there are other patients who completely collapse once you tell them they have malignancy and never return, to work, I don't think the work factor plays much of a role in tha advancement of malignant disease* Asked, the malignant disease was aggravated was it not, by the inhalation of asbestos after the yailgaant disease had started in his system,was It aggravated by the asbestos dust. In your opinion,witness replied, 1 think that once his malignancy began, that for a period of possibly four or fire or six month* following the beginning of his malignancy he might have accelerated the growth a little bit by Inhaling more of the factor that warn one of the oanaatlve agents in him malignant condition, the m&llgnaney once it started was not aggravated toe mush by the further Inhalation of asbestos, that is in and of Itself, In suortanoe it*s not known to cause death per se* Asked, asbestosls,witness replied, yes* Asked, but your answer was that It was not aggravated very much, witness replied, I don't think it was aggravated very such by his work after his malignancy started. Asked, but it might have been aggravated somewhat,witness replied, slightly* TO COUHSEL POE TEA7ELEES;Asked, did 1 understand you to cay la your opinion the man's work from Hareh 20th until the date he finally stepped work, such asbestos as he might have inhaled. If any, played no part is either the aggravation or acceleration of the disease nor did it* bring about his death sooner than It otherwise would have occurred, is that a correct statement, witness replied, that is correct* Counsel for TrmrtlerB made a motion the f.iai * against them be dismissed* The motion was ra-*w under advisement# Counsel for claimant requested the Autopsy Heport of Decemoer 1952 - Unit Numoer 778205 - be made part of this record# 'This is done by reference and may be found In the Board file. The anatoaio diagnoses reported thereon are: Bronchogenic adenocarcinoma, left lower lobe with ^ zo left upper lobe, hgart,pleura,diaphragm,and r etroperltoneal tissue on loft and metastases to right lung, adrenals, kidneys, and hilar, mediastinal, left supraclavicular and para-aortic lymph nodes; Asbestosis with moderate pulmonary fibrosis; Hepatic congestion, moderate; Pericarditis, fibrinous, Pleurltls, right; Pleura effusion, right (800 cc,); (Pulmonary osteoa^thronath fingers, mild). *****,**...,.o***** -17- Bothwell (dec'fi) in trx report 0? EVXDEXCS ^vidsuce 1b reported here-withd tvv* TTtl-ca Wtrtmwi Casnal.'ty laBnraace Company is designated as the "First Insurer and the Travelers Insurance Company Is designated as the Seoond Insurer* g^rr.iCH V* HflSHWEEL, the claimant, questioned by her attorney, testified she Is sou 40 years of age, she is the widow of Slchard J* Bothmeld# they were married December 25, 193 at Star of the Sea Church, East 3oston* (There are five chlldren of thl* marriage under the age of 3.8 at present# Joyce was ham January 13* 1938, Jtlldred mas horn hay 33., 3.939, James was bom tan August 8, 3.94L, Harold mam bom December 25# 1942 Theresa was horn. July 6, 1948* Her husband* last employer was the Armstrong Cord Company* She has tot got the dates ha marked for the Armstrong Cork Company# (IT WAS AGhKHi he worked therm fzas fiaroh 2D, J952 to April 25, 1952*) Asked if at any time while worieim* for this company her husband told her the nature of his woric, mltruil rvplied, yam# He told her he man a pipe cutter and heat and frost imri asbestos worker -- ft was known under all them* Tweesmy tm working for this employer he worked for A*W* Bancroft Company# Sb* team* he worked there over a year# (IT WAS AGREED he worked for thl* eesssn from Deoeaber 17, 1950 to March 19, 195-*) Asked, did yarn* teabam* tmll you at any tine that he worked for the A. . Bancroft Company- mhnh tha mature or title of his occupation was (objection noted by oosnrah fa* Dtiea, -qaestj-nn aHimed in,' ins2zrer*m exception is samAi mitnama rmyiimd, yas# Asked,what mas the nature of "hi-n occupation there aarnmrdlav t* ^HtS ha told you, witness replied. Just a pipe cutter, the name work ha atany d Ba hmd done that type of work before he worked for the A*W# Banarafl ^nsjianyii tkriil^ for how many years before had he done It, witnmsa rapJdmd^ pramtlaally all the time me were married except during the depression! we were married 22 years; about lh years# Asked, did he describe any af tba details or comtttinng of hlB work during the time that he worked far the A# V* Bancraft Company (objection noted by VtXca., exception scrafJ vitana replied, yes. Asked, mill you tel1 us what your hnutwita tii jtm abeofc the nature of h.is work that he did while in the employ of tha A*V Bamraft Company (objection noted by gtica -- counsel for Ota cm mtasad. he is -thing a general objection to mover anything which the deoedam* tml* witness as to his employment while employed by A.V.Bancroft Company his amceptlon is saved) witness replied, I know that sometimes tha asbestos came around a cylinder fora, they have to cut It, and sometime* it came loose and. they have to sort of make what he called aud and pack Ik am a boiler and cover:' it with canvas end do the pipes# Asked, did he you anything at all about th* condition or conditions under whimh he worked, witness replied,sometimes had to dime heights *-nri stairs, sometimes he worked under the ceilings, sometimes on the floor, sometime* he worked in what he called tight comers. Asked,when he cut the asoemse* tubing did he ever tell you what it was like when he cut it, witness replied, he brought home some one time and I could see what it was like it was hard on the top, soft in the center and soft of ookdery when you w,itnf88 always did the family wash* She did observe the condition or his work clothes when he came hone from work.Asked to tell what she ooserved about the condition of his work clothes while working for the u Bancroft Company, witness replied, the same as always.Asked to tell what that was, witness replied, I Just had to take his overalls,before I wasnea tnem and had to take them outdoors and shake them hard and get all the stuff out of them in his pockets. She had to shake loose little feathery stuff, this was in the pockets and in the cuffs and Just all over# -he work shirts would be covered also, it clung to everything. Asked,what was the condition of your husband's face and bends wnen he came home from work, was it clean or what, witness replied, Just clean# The first physical -2*. BotimeU (dec'd) .____,, noted n her husband's condltlotfWas he got out of breath* Steflrsc noticed* that around January 1952- Asked, and had you noticed a. change In his -Dhyslcal condition before Jannary 1952 fro* the cond^on h^Ss in when*you first got aajtried, witness replied, yea, dfl--a**e-.y*. Sh^ntlced that he -started to lose -whhght. He started to Idbc welsht before Chrlstaa s 1951* She had -not noticed any change in his physical condition-pritar -to that- ABked, nothing art all, witness replied, except in that morning he had to clear his throat, he had a dryness in his thro Asked to tell when she first noticed this clearAhc of the throat and dryness of the throat on awakening in the morning,witness replied, about a year or so* That was a.year or so before Deoceaber 1951* Her testimony Is that the first physical change or symptom she noted in her *rrn-nd -*^3 tMa clesoing of his throat cm awakening in the aorbing and the dryness in his throat, the second thing' ahe"nctioed was thoweigl* loas and the third thing was that he got short of breath and this was aot January 1952- ^he knows where her husband was working in January 1952; It was at .Port Kent, Halne* was not with him at that tinea* he cams home for Vashhqgtan*-s Birthday whloh wm in Tebroary* Prior to that ha was at Port Kens case home for Chrlst*aa.Sha saw him at Chrlstaa* sal then over Washington Birthday weekend* Asked, at the time you saw him over Washington** Birthday did he tell you anything about the condition of bia health between those two day**,idtnea* replied, (objection omfeflA by 'Dtlca, exception is saved) yea- Her husband had called her up* 3* always nailed her -- he ** .her every week on Thunday* Aakffd dlj| tell yon anything about his health in these telephone oostreraatiawi Christmas and Washington's Birthday of 1952 (general objeatima by Utica to the conversations, exception is saved) witneaa replied, b *ald ha was not feeling well* Asked, did he tell you in what way ha MM aM feeling well, witness replied, not too aueh* Asked, when ha ca# kMW ^nd aaw you over Washington's Birthday did he tell yon anything afcmMft -the condition of his health during those two mmzthB bafar*(efrf--tljfc motad by counsel for Utica and Travelers, their exceptions arm TTWrmC) witness replied, he -was sick at Port Kent, he bad bees'very -Asked, when he told you he had been sick at fort Kent, did he daswsh* Xm you how he had felt and what he had felt when he was sick, witaam* replied, Ji can't remember clearly* Asked, do you know from what hugba-nd. told you the reason he left tb* Company, (odjsetim* noted by Utica and Travelers, exceptions are -saved for both) witnsala replied,he told me that there was about four IncheB of -water wh*n he eu supposed to be working, he said he told hr* Bancroft that he was cut and just could not work there^so he just _Ieft. Ee then odtmlbm* tkhjft joo with the Armstrong Cork -Company* Aid your husband, ahllt* ha was working for the Armstrong Cork Company, at sometime before any tiilt was brought in this case, did he tell you then what was the type ot wack he was doing In the employ of the Arastrong Cork Company, witness replied, yes* Asked,and what did he tell you, witness replied, he was an aabestaa worker* Asked, and did he tell you anything about the circumstance* or nature or details of that work for this particular company,wltneBa replied, he did tell #* he had a lot of stairs to climb on this Job* Asked, did he tell yhu anything else, witness replied, it was a new housing project* This was located in Roallndale. Her husband was doing the Insulating in this project* She does not know what the Insulating was* Asked if he teld her what insulating material he was working with, witness replied, no, Z don't know the material he was working with at thml time* While working for the Armstrong Cork Company she also washed his work clothes and shirts and slacks. Asked, and did you have occaslo* while he worked for the Arastrong Cork Company to observe anything about the condition of these work clothes as to dust,witness replied, I don't remember* Her husband left the employ of Armstrong Cork Company on April 25, 1952. During the time he worked for the Armstrong*Cork Company he lived at home. Asked, tell the condition of his health as you ob served It during the period from March 20th to April 25th while he worked for the Arastrong Cork Company, witness replied, seemed to get weaker, not better* Asked to tell what symptoms she oberve about him during th* period he worked for Armstrong Cork Company, witness replied, he was -3- Iflttonsn (dec'd) starting -to get irritable and be never tob Irritable, that was a change, and he was tired and was not eating good, he Just did not look good, that is n I can tell you (objection noted by Travelers to the statement 'he Just did not look good*, exception is saved)* When he came j?ort Sent they were living in VPmmgton and her hnshand went to Dr* Gerald Jhgzni of Clark Street, Wilmington* They were not living in Dorchester when he worked for the Armstrong Cork Company .Her bustard saw the doctor either on the 22nd of February or the day- before. It was ir. that vicinity.Asked if Dr* Fagan continued to be her husband's doctor until the tine he went to the Massachusetts General Hospital, witness replied, not in entirety, no* At some time he saw Dr. Edward Hogan of 6 -Lyndhurst Street, Dorchester* He saw him in Hay. Asked, had he been under the g"w of Dr* -Fagan from February Bay, witness replied, more or lui, 1 t^ie doctor came a couple of times to the house and he went to the office a couple of tl*eB*Asked, do you know why your husband left the employ of the Armstrong Cork Company (objection noted by travelers, exception la -saved) replied, yea*. Asked at some time before your hatsband stopped work at the Armstrong Cork Company did he have a con sultation in your presence with some physician, witness replied^yes* That was with Dr* Hogan* Following that consultation with Dr* Hogan her husband stopped work at the ArmstBusg Cork Company* Then at some time he went under the care of the SassachnsetrtB General -Hospital* A friend* George Beyian, Jr*, referred -bin to the Massachusetts General Hospital* She bellewms he first went to the Massachusetts General Hospital un June 23, 1952- Counsel for the claimant offered the record of Massaohuaettm General Hospital for this record* Counsel for the travelers objeated te its admission in its entirety, speolfloally objecting to the history and any diagnosis based ax the history, his exception is saved; oeunmei for Utica -objected to the wtirnlanloa -of this record, his gxamptica. l saved* The record of Massachusetts General Hospital -- Unit,377820S ^ -Is made part' of this record by reference and-say be fnnurf m fge Heard file* Counsel for Travelers requested exception he saved, to request for sobs part of this record to be deleted* TD COUNSEL yUR ITS.E umIIGAj She say her frnian^nd was up la. Maine daring December 1951* January and Fahrmary 195-2* Her hnatmwrf eamm hewe Washington's Birthday and *h* is not mart whether he then returned te Fort -Sent* Asked* jam ewvnw hm rmmm- swme on Vmkhlagton** Birthday sad then did not return rn fnir TTiiit.eininse lm^Tledj. I don*t think se* Her husband did nose-hose far Ohrftitahm and thkNucct tis* after that mam on or about Tfshtn&fcgaj.m -Birthday^ whlnfa mam in Fetawry* Of her ewm- kaowledge she does not know what hit oondltlon was in January 1952* and when you told us a little while ago that you noticed he get short er breath In January 1952 that was not as result of any personal observation* which you had sale, witness replied} I mere net tiiuxe in Jasamry* Asked, that is what you told us,witness replied, the only tise 1 would have sees his was when he left after Xew Tears* If she said premleualy that -Jhe first noticed he was getting out of breath In January 1952 that is net se as she did not see him then* Asked* and your memory now is that you have no clear reoollecglen as to when you first notloed his getting out of breath so to speak, witness replied, that is correct* Her husband ease home in Deoember 1951 a few days before Christmas. She would not say he started to lose weight in December 1951* She did testify that clearing of the threat 195?*J^85S4 lf tkat saeBed to progressively worse as time went on or remained the same, witness replied, got worse* 3efore we* pU8?&a5 worked for the A.V. Baneroft Company he worked for the sew England Insulation Company. He was doing the same type of work there* That is the work she has desorlbed here* She thinks he worked at the Hew England Insulation Company quite a while* It wust have been over two years. Her husband went to work for the A.V* Bancroft Company directly after leavia <yP1Jr,lat stt New England Insulation Company* There was no layoff ??i, or of that nature* He went to work for the Baneroft Company within a week after his leaving the New England Insulation Company. Asked, can you reoall for whom he worked before he worked for the New England tottoreli favors) Insulation CQpmy, icltaata ^%to"ali.before ha not give them in ordar, Jrfd?Jf,11itlon ^onpany he worked for the Insuuati' ask's ,*~2S-a -yisbvs svassXehnxosr Snaii ^--typ*rof work sassat.o-hsa*"- ^S~rtssLr^tT^rTM^ i^i^.5.*4, S*2time la tto sarly MU***!* of *** Stolid toreannsdworking rg^ at tto typo of work ato to* daao*i*** sja raa* in UtowperttsattheRr. toasmwft far wh: tor >aaaad marked**^&!*- l3U -antoratood ttot tto fir* Banaraft for too* tor sagtoad worked tod a toll stop* Hot rooollootia* Is ttot tto day tor toBtohd stopped working fpr tto A. V* Bancroft Company to than starts* to work for tto /lilNiii Canpany tto aazt day*Ss Aid sot hav* occasion to mash his alottos tollo to was t fort toot* tor husband did not send ttom tow** Asked, and yen don't W-- of four n& kmaulste* under tout ooadltloto Ho worked while to Port last* witaaa* replied, Just what to tsld a#*btoa the told this aornlng ahsufe tto condition* tutor wfcloh tor husband marked ttot wa thins tor hosband told tor? SO* did aot fallow him arwsmA* TO COHKK?S>FOa ^ne wwwkhh*w^ wu>*i in might ton rvaraH* ton* wary tm masks for tor to wash* Sto is positto* of ttot* Ho used to learn to* overalls In his tool tit toolI to did not bring tto* too** Asted, ss> utoa you testified this aoruihg at to the condition of his overall*^** enly saw those overall* one* Ovary tto weeks, more or less, wltnsss rsflllsdj yes* After her husband saw the dootor en February 21st or to vmxt hmmi| te work for tto Banoroft Company* He continued to work far this msiif until Harsh 19, 1952* -Bw asms day ha msat ts work for the Arwstrwag ensfe Campmay* Frsn tto tine to saw -tto doctor 1* February 1952' to wfcXX* to mb* tto doe$a? la April 1952 when to stopped wsrfciag, aha observed ttot tot men different, to was irrltdhle. at tines to was ant eating goad, to was naO sleeping good* Asked, anything els*, wlttoes replied, iust wan set faUEb gaod, to was aot himself* Asked, ween ks-'odamaiaing ta yen about anything daring tto period from February 21 or 22, 1952, witness rwpHwd, to nn^plst si of his otost* Asked, what did to osmplain about la his caast,wltnsss replied, one epiriiTig gn* gp <rwa w*pv ** ^ batbraon w-wd oaaa Jtla chest tightly, to said *1 eto^t breathe, a* breaths'* Asked, ye* testified he started t# get out of hreath in January 1952, witness replied* I meant to found It harder te breathe* tofced, want did yea eaeerve abent him daring that period from February 21 to Apn 25th, anything else,wktseas replied, 1 don't know* Asked, but ttot lathe oondltlea you eosefved hi* to be in from February 1952 until April 25, 1952, witness replied, yes* Prior to that she had rot seen hi* for substantially two months* AaioeA, and you're sure this was tto condition to was in from February 22ad te April 25* witness replied, yee* Asked, ocr question about it at ail, witness replied^me* HE* HAhuIsJI.* BA2DT, tolled and questioned by counsel for claimant, testified her professional address is Massachusetts General Hospital, Kedical Departmant of M.I*I, in Cambridge* 3** 3,8 a Physician and lloeased to praetics medicine in the Commonwealth of Massachusetts* Asked if she ha* a particular speciality in tto field V*4**2*8* ***&* replied she makes a spedlhil study of occupational disease Asked if she holds any position with regard to that specialty,witness replied, yes, I toy charge of the oooupatiooal aedleal olinie and at X*!*2* x aa assistant medical director in charge of the occupational medical serria Asked if in that field tor work is primarily one of treating patients or primarily one of research, witness replied, it's a coablnatioa of both those features* la connection with her specialty she deals with diseases of the chest* The decedent in this case was a patient of hers at Massachusetts General Hospital. She first saw him on June 25, 1952 at her office* a* that time sto reoeived a history from him. Asked to tell the history she received, witness replied, he gave me a history of gradual onset of coughing in tto morning oaualng his to vomit in January 1952 without other sysptoms(in answer to oounsel for Travelers witness stated this history is one in her -5- g?tfhw*n (deo'd) narwoan1 records). 'a kept working for three weeks la sjvlw of this to Stay ho by His family ?^cl*n thagkppa, then began to hare severe F*i ^ *** left shoulder blade won* iatii morning, better wham he saved around, muoh worse at nig -H-t, there was increase la cough and about this time hi began to be aware of 1nrrr--ahortnm of braath*hs dated tht as about ftareh i* 1952, itwa* that he had to da something about It* about April 1,1952 he "went to his ~phywlolaa Ua Dorchester,^* Edward Hogan,and sb has talked with h1t She got her history fro* the patient. She got the history and them did the physloal and than talked with Dr* Hogan* The patient gave her the history of Dr* Eogaa tailing him after his strays that his lung had oollapsed( counsel for Travelers oblooted te this being admitted, his ia. mured.--- nmm sal fag UhlaaP :als*t. ablested -to this being admitted and his exception Is sawed,) Sfer hlhtbrf oantimaos that from this period of time in -April 1952 the pdtiaafc had bean taking penicillin, and iron and sulpha drags, he had home constipation and a bugging sensation In tbs left arwpit, he reported a weight lose of 16 pounds sine# Janaary, a shortness of fcradth that he noted beginning in -March nstft was getting worse when aean mfrtaft, him. appetite was falr^ the aedioal history that he gwvw Insofar em it was ispertmm* mas that he had bronehltt* 8 years ago, ha had had slight sinus infection with garni coughing hat nothing severe enough to heap him out Of hU merit, he had rreys take* txm tine to time In nunmlty surrey* and Us was mater told tharwwasanythia* wrong, his father mas thsngh* te have tehteeuloaia, that diagnosis was nos clear, the patient gave is te wjtrresw set hike put down a question mart afger It, the wan stoked bdtl* pips and digerettev^aTeraglng ahemt a pack a day until his presant -iUnese,' h odewpdttcaal Jdsterr mas that ha began working la a store as a alert* while still at seheal and he did errands at Boston floating Hospital far two years while still at eafceei and during the summers he was a shipper at Pilgrim Press Company* he that about 29 years ago, when he was Wheat 17# he wmrfcsd off and on* sometimes with his grandfather and with, a ttttber of esmpanlev, *W called a heat sad frowt-'tssttSster^wnd hi* dessrlpltiaa ar,thii>ifdr- that he reeelTed asbestos beards, it* semrte depending mt the e**pm*p with whleh he was workingtULanswer td bowasdl for fraralarw* qqastrTiwa as to what period of derelepaesb she id sow talking abeu* witnets she is talking- about the- history he gdVW her ooraring 29 yemre. i He gas* me description of any specifte bemrdJi* eehewtes bascrds, he gpre a description of hlw tpnfie afhsat- mud fg#si insulator* Bls cartiewlmr lob was to cut and* aasr-the asScmtPJ beeade te fit pipes and be&lmm'aJK. needed for insulation* Vltmeds did a physical examination at the tmesfttte* *f she followed hip while he warn in the hdspital daring hie -ntrien* adalsalansy.wttease replied! --^1 tfi unjiiew nr Vrts nisffs - 2 "* "V o* Mr Miuai, am totxa--i i ; *a *. .nRs>t. in touah her^hhen he returned te the hospital after that she followed bin* After him death- sa autopsy sda pefcforeeC- She had. a ohanoe to *4-dthw ******7 protoeal and the different autopsy manorial. Having in her hHMMi contact with this cad* she presently has an opinion as to rami the diagnosis of this man's illness mum*' Shr did testify that hr followed this man throughout his entire period of hbwpltellaatlon, that she reviewed the autopsy proootel and saw soaa of tke pathological material la connection with the autopsy* la addition she Is familiar with the hospital record Itself* TO tBBNGSJKKISSXOHKE.; She did examine this , Her first emmlsatlon was on June 23, 1952 whan ah* dissevered the nan had a following ha had ?hfasdt ixraleysftwlhoiwoharslhuenvgle, wheedowbvitlhotUthley hroadenltogsStowloegllw5h1t*. and discovered that he not only had the collapse of hfe left lower lung but he had evidence of density by xrays ifc the right lung, on the basis of these findings she reoomsended his hoswltallzatlam. for dlagaostle studios* He was lospitalized. These were made by her oolleagues in the hospital at her suggestion, she was not there. Asked if she participated in son of them,witness replied, only to the expent of suggesting ties* Her holiday oaae during this period and when she eaae back they went over tl Material together. Asked if she supervised or oontrolled these studies or 6- Hottorell (dec'd) th_T asrely a suggestion on har prttwitaes replie* * 25;eJ!l5.d"he?totto -rtSnS of being the senior offloer Mo is doing thlTreoonaeadlng, there war* other doctors around. The results o* studies were Made available to her. Based on tke bistorj ske reoeired, tke physical examination ske oondactad* the diagnostic Material wkleh mde available to bar, she arrived at a diagnosis la -kis oasa* Bar diagnosis -was earcinonn of tke lung and asbestos!*. TO COUNSEL FOB THE CLAIMANT: Asked after she reached the diag nosis ske has Just testified to, did ske have any further ooatact with the during his period of hospltallkatlan,witiie* replied,yes, I did. This further contact was that she went to see ki* very often wwo iia nas in tke hospital, consulted with oTher physicians" about -tke course of trwtwmgt once tkw diagnosis was node and followed kin ease to tke time of kls death* she was Sft a witness gt- t&e antopwy- b followed out vary e#rwftfiOy those finding* were* She kerealf personally viewed soae of the autopsy, material. She persaaally viewed a slide of the In the ootzrae of her medical training she has had occasion to reactive training, in the field of pathology* Asked to tell what that training was, witness rwpHodk she had the anal aaeunt of pathology as an undergraduate* meaning ske took lectures and so on* than when she warn touae offloer at Philsftelphls General Hospital ske had intensive training in pstkelogr whisk involved doing a great aweant of autopsies^ thus- skw- teatt mm semestern in the department of 'pathology in flovawiT. university making am lmsamhiv# study of certain pathological problems, since that tine ItSs bees ker privilege to associate with Ur* Traoy Mallory tn pathmiaglsAl studies of occupational diseases. Asked, do you fei. tkat ywa are qualified to view these pathological slides of Mr. Botkwe&'a Iwag tissue^ objection noted by counsel for Travelers and Utlest* their exception is noted) witness replied,yes. Asked te tall what tke STitf revealed! cbjesttea-hCtCd and gxoeptiua saved- fur niiiimirr TTTi--alcis and Utica), witness replied* showed what la known amipuleeeerr fibrosis, aewntwg sear tissue and reaction around the are nswally associated with tke preseaes of foreign material, X skw wkttm hauwu. am- airbumSms kedlea^aai I mm msllgamweyieegawea. far Travelers objected to the tamtlaaam about the asbestos bodies nsd-Jtt* exception 1 waved}. Asked We describe tke asbestos koalas for the purpose of tke reeesdl wlthM* Oodles as seen lathis *aa*s luagcaza cluh* ^shaped oodles that take sn lion stall wkiok they look Tsllfiwirt tkmJ **** limgth and contour and are main with t he taWtbfrrrna nr carsain mHAcntwe-nf .aamessom m mm (counsel for Travelers objected to this testlmcny being admitted- ^ception is saved) these iMmrtoi bodies are- bite of sebnrtoe flham blood pigment whioh have olung to tke aahemtss bedloe during their long presence in tke smdll baeaehldlea which, is tka ^ part of-the bronchial tree, their shape varies, depe^lng on the leans* ;r asocsto* fibers and the length of time lt*s bean in tke hraxamlaJ ifJJvi?*0**40 yu nair bare am opinion* based upon tke oentaet yea and kls oase as you have testified* as to what tke diagnosis is la the oase, witness replied, yes(objection noted for counsel for Travelers and Utica and their exception is saved). Her present opinion is that this man died of bronehogenlo carolaoea, secondary te asbestosia. Asked* have you an opinion as te the relationship of the asoestosis and hia work as pipe eoverer{objection noted by counsel for Utica and. Travelers, question allowed, their exeeptlon is saved) witness replied* I said *yes' I had an opinion., ay answer is based onthe length of tie# that this patient worked in the industry involving exnesure to fine asoestos fibers during the cutting sawing of asbestos boards, the length of time a would like to emsh&tlwm, and tke discovery of asbestos bodies in the lungs definitely prove the relationship between exposure and the diseased prooess, it`s ay opinion these two things fall in together - his work as pipe aoverer and the disease that resulted In his death. Asked, did this *n give to you at any tiae during tke period that you saw him any specific informat Bothmall {4ec*&) tiom as to xi. war* for the TrT^l^ and *J* -'"i^rk^dio^rdo early life history and do Banoroft Company * n,*rofi Comuany was precisely the .aae trade 2 2i.0l S^S^^^^S?LSr *~ Ji"-^ -S ^3^2,s4,s^rs:,s^rirss S^JS'OTSs^'sm-1-3-- taking of besto# pip* sobering produced W duit,witness :r!pi1#M<8!* witness that when X* < cutting and sawing material that ho had to ??t Si tki Slli he oftendid it dry and had to ui* a grinding wheel of oae sort or^anothar or anahattlaml type of saw that ha pumped foot SSmdsoma electrical equipment if it a bigger aowjjay "* tlaa -there u a good dedl of tat, fij0*1 droned about ^ air, tat was ta of hlhtary iha warn trying t drew ant of hinieownssl for *rmrdlsr _ ofcjaatad*atattat tha question ha. asked with regard to hi* work at Bancroft gfY *** if tha answer is *t arrafined to it than, h would like It takha oak*.) Asked if aha go* aay spmslfle ll/iu*tt ^thi rtard to tha nark at tha Bancroft GampanykSi Biicah rspftdd he^tmlksd-abfattS this at great length heoause exempt for thin jary brief 9*9^**"? a> tha Armstrong Commas* *k* mu kU asst rcaOl* Jalr* U*S lit the discussion of tha opermrtita It wms obriotsly tha Bancroft Company he mm* talking about, wa talked abta tha ohaisetar of tha job and hh told atvfft tha tU that he did not do th } vat, sometimes thlh lot m doms -acta S* did dsserta to hmr the oparmtladl of airing tha asbestos powder into a mb Asked, did ha- doscrlhe that operation at haring bean performed while -working batwaaa Daccaher 17*1959 ami Marsh 19*1952, witness replied* Z hare no such note. Asked, did ha tall yon about his work for tha Armstrong Cork CoBmar *wewoaa Bare* 2d, 1952 and April 25, 1952, did he giro you any specific inforamtSe* with regard to the oh&raoter of that mark,wfcnee replied, tha only mate 2 haha la that tha most recent work ms tlhllnr to his earlier work hmh X tarn** hurra tha preeUt* daaarlptloat of hlh work at tha -Arcstreung Campasgr being diffa: dht from that of tha Baosreft BnmEaftSmmd, do you hara am- apinUat as ta mhmtiMor a*- mot this employee1*' disease mad dhath warm w.VIy raiatad 'kttrkhfedliRWSPMMktgKl hara described it in yotxr prerlotxs anawar whil* In the employ of tha flandroft Ccneraay between December 17,1953 am* Sarah 19, 1952, witness replied^ sa Asked, da-ypnhhrm ss opinion as tm -whether It was related to hi* exposure to tha samfe type of work that yam harm ~~ entloaed In your answer to tfce prerinu# question'while in .tha employ of the Armstrong Company between March 20, 1952 and Aurll 25, 1952,wltna replied, you4re making It tough for, sm, no* Asked, la your prerisos aaswer you told us that' yon Taft that- ns dtsawssmwc ttsttserr rmlstaA tm ?* thst ha was enpes^ U him tak.-as pipe oorarad, wttaaas witness replied, yam* Asked, do you a&vw an opinion as to whether or net :Pjcaired any additional injury to his lung* while performing his wark fa* the Bancroft Company between Deoeaber 17, 1950 hnd Maroh 19, 1952 aae erdlm JOttw'r,ceiTed to whleh yem have testified to hara tkl8 iB * aadleally souad ohsarratton, 1 da hmra suah^ 5? ^ " opinion as to whathar aTraaeiTadJ^y^d. t0 wXile working for the Armstrong Cork Company toatlfled to batrwaem March 20^ 1952 and Aarll*25 1 **** *" Ashed to glee j^r opinion 5 B?nS?^c2^5i8 5Jltic,lul ^n^ufy bo his lungs while working for the tatimr t. *^**^ bibmess replled(objeion noted by counsel for the Utiea stating there was mo speeifle information as to what he did for this eamnanr *f the asbestos board for use as insulating waterlal^bjaotiom ounsel for fftlea and Travelers aad their exception is sawed?,the study of tha S2SnS2!f ;?f5ptea^i bheyare no longer of any u.e, now during the exposure at the eaaoroft Company he inhaled more asbestos dust of a fine enough caliber to reaoh the small bronohlo3.es,he plugged the .mall bronchiolai Bottommll fdwo'd) y Of 9UJA in reaction* soui-el for Utiom objected to tH* description of Mbemtos* "bile wortein* for hi a eoifU7 que-tloa and . >** \ Aalcsd Is answer to the previeum question ^jrssszzzrsSertS^SsSr*. Si?' MjxxaroUss41* yro oW*l W laTor-rElra from bin ms to tMt witness replied,no* Asked., wtoat statement to jour predion* answer with reference t# tjfefealiber and ISeeo?tttke asbesto# tooAle* tswtoiah too toms exposed while in ttoo employ of ttoo Bancroft Cbmpnay, witaesm repttad.ttoe saswsr Is very !*! - because of ttoe finding of ttor asbestos- tattoo lumg.it toad to toe small t got tto*r% ttore could too may armtooi* of them arriving at one axmot Put beemnaa of the quantity of to*m asA tbs eharnffter of ttoem I larr desmriPeir to- ytm earlier am gviaeaee of tM asbestos# bodies It seems remsm--ble, and certainly * axtrm somber of fiber# n--nblTiq ttomt XbgK sot: up m rsaatlea dttriag.tb# periodjfctomrm Ju#to boom describing to teg 3 year* prior to hi# daottoieoamool for fftlsa oblooted to the question mad answer and they are admitted do bene.) Asked, did you receive Ssformation from this atm to form am opinion as to whether or mot too toad sustained any addition*! Injury to tola Image during ttoo period from Karat 20,1952 to April 25, 1952* witness replied, nfVjT toaro no such thing. Stoe does not have enough infozmatXon am ttoat* inked, In a previomm answer you. testified that ttoo ton--lehsgmits oeroina--a secondary to aatoeetosia, sill yen giro no year ra--mbs fa# ttomt statement,aitsess replied, sy, reasons are tombed on dtoporlosa# mad study, experience of other oases of Individuals whe toeve asbwtestm.<mm tomre died of bremahagenie carclnomfc,precisely wltto the same oliadodl fast# mad pathological study as Hr. Ho theell and when I speak of study X refer to my knowledge of lltermturo plus trivalling in Europe amd^b^Cg^BX toeing at -Saranac symposium in October 1952 at walcfc time toh--~nhB2# subject of asbestosin end canoer1 of the lung sen reviewed* Eton has toad experience with individual case*-of aatoestomls and tortaotoogemio sirslm--a other than that of Hr* Botj--mll* Asked to toll what her experience torn# been in these other cases, sitae** replied, precisely the same - a long history of exposure to asbestos* Asked, do you have an opiates ma to the mechanism wtoere^r the asbestos!* is nanwaVty related to the toresetoogomdi carcinoma, witness replied* yftoHm her opinion tfetoe asbestos fiber which 1* small enough to reach the- sronsMiBle* is mot big enough to realigning ti and what happens is thst during inspiration and* expiration the ashestom fiber swings back and forth and aats as a me--1 aalo&i imtmmt and we know other mechanical irritants that have produced malignancy, that is tJ-- basis for the opinion .that the as basteslx -miitr'l the hraatoonale oarolnoma* TO C00KSEI* FOR THE UTICA: Asked, you don't want to tall us you know what amuses oaneer, witness replied, in some instances I mould toe glad to, we hero a pretty clear evidence in regard to pipe smokers, eta* Asked, pootodm *eodf*ta*t)-#e bo a gredter incidence of canoer among pipe smokers but that is Just one of the factors which you have found in your studies, witness replied, yes, tout if he did not smoke the pip# he would not get the canoer, that Is all. Asked, Is it true that you also find cancer of the lung among people who don't smoke at all, witness replied, yes. Asked, It's also true you find oaneer of the lusgamc--g people for whom you did not discover in the history of their occupation or background or anything else that the lung had been Irritated In any way whatsoever, does t exist. witness replied, They base found because we can't find cancer of the lung in it dees not suoj i" Itf*m* 1- tXSiliS*?*.*0?! r*eory t^t irritants produce malignancy does not follow 1i*2aB8*/t tk* of thl8 *aa's flrBt *ami*lon to the nospigal she did not form the opinion that toe bad asbestos!*. She was on vacation during July of that year. On June 23rd he was in her offloa as an outpatient, he was not confined to bed then* At that time she reoelved the history she ha* stated. Hr. Hothwell was still in the hospital when she returned fro* her vacation In July. Asked If she made an examination of him or assisted or supervised the making of an examination of him at that time, witness replied, yea. On that particular admission he was dls- -9- Eothnell (da' rv- T-n-ir T8 1952* She <5.14 t prepare a discharge diagnosis at ***tlaa* Asked mis there one prepared and as part of the hospital n^lied. there auit b Asked, weren't you la charge of hia case, ao ra want to understand the adnlnistrative meohanisa, piS^onlT^^ilrfta. I a la charge jf tto occupatlo^l *edli^crl^, I reoonmend these a*e for adninsism for ^ngnohtlc "w hat -ther xo on the ward as a regular -patient and I don't nroas the 3** ^go^arauad and help work the case out but it'* not * uitl*aC* re!?0?iliU' about what la written on the chart and what 1* done to the patlen-, -hat 1* Just the aeohanla* of the hospital* She snw the aan la her office on June 23* He wa* later admitted ta the hospital# He was admitted to the hospital with a tentative diagnosis, that la the way it is dona, ahe aeea an the record that it states 'asbestos!** with a question mark. She has the original of the hospital reewrd# Ashed, and do you find in the original record this natation under July 2hd whloh reads 'first Rassaohnset: General Hospital record of this A6.yean old white aale who enters with diagnosis of "possible earningwe of luag", witness replied, yes* The question nark stands for possible, questionable* Aabed* at the tins of his **y^rrw %o the hospital, is there aaj refcrease is the hospital record ef any ashestosls that you eaa see, witness replied, on Jhly 3*1953 it says history is conpatibie with n diagnosis ef ashestosls - these are not ay notes* Asked, what I'm trying to get is this-, who would put that first qaestienable diagnosis that was inserted there wpsa admlasiaa# would that he something that weald eon* fgoa your reward as result of your examining aad studying bin am June 23rd, witness replied,no, X just explained to you, the administration has nothing to do with **, that la important, there are technicians* researchers and xray nan, I don't dictate opinions to then* Ashed, so if X tai erstand you you're set responsible for any of the opinions expressed In tha- resold itself, witness replied, I certainly aw not* Ska studied the reward carefully# Ashed If there In any part or the record shr-disagrees-with, witnees replied It would b* awfully quacr if there were not has I daa+t nee that enters Into mj opinion* She has reviewed the reserd* Stern in as treatment for the disease o# aehestoals# It is a. progressive disease without any treatment known te *** Ashed, what would be the effect ef nnneroua xrsys on an Indivihml's sheet- .with rwferwnse to this eosditlen of eehestosis, would it aggravate It, witness replied, you're anew* the diagnosis or therapeutic rsdVhtlai. The theranentm radiation was given in this ease for the treatment of uaaeesw.She record shows this* aan did receive therapeutic rndtetiam, Sa received quite a nznher of thane* She think* he began to have this tf| hgs, mmfehmd adal sslri* -- he n let of xmyn -taken M the outpatient depesrtPWt Ashed* it*s a fast,ls It oiet* that thnzmpewtU xray treataest anHA he dntrimamtel to bin insofar aa the asbestosia condition is conaeMMdb ptthaaa replied, no, I don't think one oaa draw any such conclusion* Shadow a*s believe that, in fact counsel gaT* bar an idea In that shrinkage: vf the tissue sight do cone goad. The therapeutio xraylag was done to 'kneed* cut the cancer oella, shrink the tissue and sake the aan sore comfortable but no one has the slightest id? of treating with the idea of ourihg him, it was sinply a ease of putting off his day of death* Asked, so If the record- itself indicates that th* hospital was treating this aan fob oaneer frow the day of his first adnisaii that is so, witness replied, as soon as the diagnosis was wsde. Asked, that was made on the first admission,witness replied, I think that was aade about July 10th* Asked., wouldn't therapeutic xrcys oause aa Increased fibrosis of the lung, witness replied, that would deoend on how rack of the lung was exposed to the radiation, usually this is fairly localized s\ii ss 5r^sraio&0i ssS^as^siHrjsj Asked if la the treatment of asbestosls where the bronchial tubes are !tz* ^ ordor to alleviate that condition do they not administer 4ru* "ItAess replied, we use It but have not been able *n*rhi^.anZwf00^ results with asbestos!*. They did not do it in this case beoause there was too such earolnona* Aeked, and that was apparent to you fro* the outset on the first day you examined hi* with the oollaese of the lung, witness replied, there was so question but that is what this was# -10- Jtotinrmll <de*d) Asked* you have notes with, you with referenes to the history that you received fro* hi* as to the employment over the years,witness replied, I don't think these are satlsfaatory;; they sre ay writtenaoriWJled wtea. She has m dates la that, she was trying to get a description of his wotJc as h^t nh frost Insulator* Ashed. if she wrote down ail she got, witness replied* one does not do nil that, -thnre are a good many things that a men this.tells we thnt. are not written down, prealsglT I have not got down here the exact day* whan he worked for this oowpanj/that oompany* Ashed, when you first examined this wan you were rot interested in fixing liability on a particular individual insomuch as you were In aahing t diagnosis,witness replied, yes* Asked, and it would be important in ashing a diagnosis to determine how long the individual had been employed at this particular Job, witness replied, it dope mat seen relevant when yon hnv a history that is so long in time of exposure* She has it#d that he worked in a stare after school in his early youth* Them while still in sehool he worked for two years fof the Boston Floating Hospital. He worked at Pllgrig Press as shipper also* He worked there about m year* Her next notation is that he worked at haverly Heating for one year* Following that he did mason, work, he worked off and on with his grandfhthrr in. this cement work* He them started at what ha oalled heat and froat insulating and did it off and on for about 30 years, he cut and sawed sahestos board to fit pipes, boilers, ete* She was interested in this 39 yearn' employment in this particular trade* Asked insofar as what he did while working for a pariah of 15 ontps for one employer or two years for another employer at tha jmrtionlar time when you received this history you warm not too intereatad in finding out the details of that,witnea replied, tiart'a right* Asked, nd nowhere in the record does it indicate how auoh asbestes he came la taet with while in the employ of the Bancroft Company and jowhere in the record does it indicate the caliber of the asbestos while working for the Bancroft Company,witness replied, yes* Working with asbestee required one to have proper ventilation or the wearing of a naak and then It earn be done Insofar as her records are eonaeraed she doesnH know whakter while working for the Bancroft Company he was out in the ope* *r in a omaw fined space, what the situation was with reference te vegtilatlna. She saw this patient during his last admission to tha hospital -- the last part of Scnreaver and first park of Deeeaber* She was not the se-*alled attending physician at that time? the man was on the ward* She had rothing to do with the preparation of tto death certificatet that was dome by the house officer* She had nothing, to do with the preparation of the final diagnosis* The diagnosis of asbestoais throughout the hospital record was questionable tout that antedated the postmortem* Shat is trae insofar as the hospital record Is concerned. TO C0UH53J FOR TBAvKI.KKfllOn looking at the slides following autopsy she observed soae club-shaped, b-rcwneolorad bits of fiber*- because of their length and contour and duration in the bronchial tree of tie lung she concluded they were asbestos fiber*. Asked If she toad an opinio* as to whether they had been there a year or tea years,witness replied, no* Asked, they had certainly had been there longer a year in your oalniom. rpXled,I han't think I gT* you an opinion on tlaa. Aano*. th. risers .hat oaused the caneer which produced the death had been there mush longer than a year, that Is a fair statement, witness replied* that seems lf 111 *er opiaiosfchmt is true^ritnes* replied, I wish I Could be awfully flat-footed but I*a certainly willing ta go along with you on that* ** ., , belM COUNSEL FOE THE CLAIMANT: Asked, the diagnosis of asbesto&la 2d?iagtknosJios,spriabaalthrenct oordonoTniraaatdlehai stths. epveor,atlnoocrctSas,ioSn*!Ja^a that you h^.c2f?^r 2?!t?Si:lSythi,.i5.:tai?i!S?S,S!5ht;0S^i^ m: aarja.-s-.a id^Mua*1^,Wltne*S Mplled *> 7u bring that lato^dJJc I have said beoause the asoestos fibers move around. Asked, while they move abound they will not leave the system,witness replied, yes, they will. Soae of them might leave tne system; they iight leavers aiyJtlm. Sne has n opinion as to how long the fibers which she saw under the slide were in the system* -11- Tftvrbwa'Ii (de4d) Counsel for Utloa renewed his request that the questions and answers admitted de ben** be stricken fro* the record, and Commissioner rule the/ he allowed in until the.entire record had been submitted. At the continued hearts* held in this case in 3oston an Friday, j-jnj 31+1953* the following evldencm was reported: APPBABAHCE32 L. Xoake, Esquire, for Claimant, atJTgaifl*wi i-n, Bsqoire, for Utica Batumi Xnsurnnoe Company, Esquire, fear Travelers Insurance Company gFTjrw 7. BOfHVELL, the claimant, questioned by ter eotmmsl* testified she reedgmlxes th ngaor*ndaa booh which counsel has la. his hand* She fonwd that in the poekarfc o# the moat her husband mere to worm. Asked to leak at the handwriting in. that book and tell If she recognizes it,witness replied*/**. It is her husband's. Counsel for claimant offered this Memorandum Book for this record as an Exhibit,statin* it is a work record kept by the deeedsst frem Monday, October 26*1^51 through .February 19* 1952* that In it thm employee listed from day to day the work that ho did, ttet it Is appmrsKS this man had some sort of supervisory ampacity on this job; eiwntsel fear Utlom objected to the admlssien of this Memorandum Book; Comalsvlcney ruled the Memorandum Book wms to be admitted me an m*m**ts. mm4cma**ltei is saved for counsel for Utica, JOBS 3 BUSSES* sailed mad questioned by counsel far alnisnnt* testified he presently lives am Barry Streat, Dmrohester. fils oscupatlmm is that of asbestos* worker, Be it a nnmbsi of the Beat ahd Frost Insulation Workera* Unlam, He has worked me st beers s worker about 35 years, (Ceunad for claimant stated he- was offerase this man as aar expert wtsamms- am-the grade' of a host and frest Insiflstsrii) During this 3$ years he has worked -as insulator on boilers, pipes* amoks f2w and stmehs. In dein* this work he only had to. mix up the asbestee with water - that was the only mixing he did, Be has done that work in siiTT Xa that trade -he had occasion to out cylinders of prepared Insulating materials. He has done that work himself. Be has blooked boilers; fined and smohb stacks Massif, tCeunael far claimant again stated he offerne thlm *an as am expert witness em the trade of asbestos worker and heat and frssd insulation man,) Sleeking a flue was part of the Insulating job, The sen* material mas not always used to block a fine. There are a certaim limit*4 number of materials need for blocking a flue* Asked, what are the material* used for blocking a flue, witness replied* 85 per seat Segues is would be one; air odll beard weald be another - this la jnst an asbestos paper; and application of magnesia cement alone without bleakiag, I start, in any of thaae three insulating materials that you have just nemtlened Is Ubeete used, witness replied,yes. It is used in the magnesia, Bash of the materials was used speelfloally in insulatlx^* for heat saving. They also used an asbestos cement. Asked if a particular type of flue required a particular one of those four insulating materials, witness replied, yea* Asked* what would be the oiroumatanees under which you would use the asbestos oeaeat, witness replied, In 90 per oent of the case* you used the asbestos cement for finishing. Asked, how is that asbestos cement prepared* witness replied* It oomes right from the pines* They get It in bags drop it into a mixing box and apply water. Asked* la It the custom of the -12. Sffttal* <dee*d> 9 trade of a heat and front insulating mm and asbestos worker,l" ^ SS* of tkat trad# that the man on the Job all this asbestw *!??? "Soied!^ It (objection by counsel for Utica a* being Immaterial, question allowed; witness repiled, yes* -He iiss done that himself* 30 'rau C0HH1SSIQHKRS Asked to tali wkmt he actually obserred wkem tkl* cement was mixed, witness replied, tke dust naturally raises up whan tke cement strikes tke box. TO COUHSEL FOB. THS CLAIHAKT: Blocking a boiler Just aeans applying tke insulation* That Is done la tke sane manner as blocking a flum Vksn ht * boiler you generally used tke insulation direetly In centers mkk tke koilnr beoaua* no air spree was called for bat In * One tkey ^ used an air spaoe latk to giro air spaee wham blocking It* Ike "ray used tke air spue* Asked, you said in answer to a prrrlrus question tkat 90 per eeat of tke tine tke material used in bloating a flue us *"ca* eeasaty would tkat sue figure apply la bloeJCing a beHer or would it be a different properties, witness rolled, no, It4* tke saat thing* He would ay tkat 99 per eeat of tke tine tkey used tkis atbmrtm* eeaent to * -alsk* 1a otker eaaea tkey used tke asbestos eeasst to stlak tkk blacking to tke boiler but tkat ua not a general praatioe with T*ry person* Asked te tela kow ke wqnid go about covering a steam pipe, witness replied, a steam- pip* up te tea lmohes is generally stuck on witk Jtaste* Tke laeslitiag aarterlag Is generally Awd, i* it lease matrtinl or dean. It came In tke fora of a cylinder, witness replied, no. It** a ttU* mntwini. AskcA te tall wkst ke aeaaa fey tkat,witness replied, it eoaee is a maided fora up be approximately ten inches and tkea molded la segmental fere ffem tea makes an* He means It comes pr< shaped* Tkey do ware te eat it te fit* Asked, o& tk* aterlal that ydu used is there any label or ether tag stating what tke material is composed of(objection, noted by eetntaal for tftlea, question allowed and exeenilan in rarredf wl Uses j spttm*pom# Bo e*y knows of fomr oenpanies. who annafneture this-material. -- they are Blshmo d Matersoa, Jotas-JUorrHlm, Phillip- Careys HSerett AsheetasAeked, is yemm memory sufficiently strong today se yon oould t all us today wkst spjimmj am tke labels of tho- maided pipe eesaring produeed by any of those four aaaafaeturers (objection noted by oeuasel for Utica, question allowed) witness rpplied# 85 per cent magnesia and tkat is all* Asked, does it say anything there about what tke otker 15 per cent is there,witness replied, newer stated to ay knowledge* Asked, whet dees the- ahree `eemeatlng a- boiler* refer to, witness- replied* tkat is simply finishing up tke work* Asked, what is the- substance that Is used in that operation, witness replied, asbestos cement* Aaksd^ wkst- ir tkn'pc&mer^flaimklng fittings* aean^wltaaflw replied, putting on tke asbestos cement arm caarasaing# TO COUHSEL FOH THAVELKES: He didn't know Hr. Botbwell eery well* He was oa tke same Job with him but newer worked directly with him* He newer worked directly with him so ke newer saw what work he had been doing# Asked, there are a lot of the duties an this Job that are not dusty, witness replied, I would not say a Aot#At*s really a dusty Job.Asked, yea mean tke nixing is dusty,witness replied, ewen tke application is dusty. Asked, after you h&we mixed thewater with the material that Is in this bag,thea when you apply it It's wet and there is no dust, is that right,witness replied, no, there Is dust when.wou apply it* Asked, when you wet It. witness replied,you*re not appiyTfhia wet stuff to the boiler or flue.when you apply it to tke magnesia blook it's dusty* They put this bag aaterial In a pall or tub and pour water on it. Then lt*s wet# The mixing can be oa* * a few minutes. Then the men who are going to use that take some am **T* ?r P*11* "** m These men take some la a buokrt and then apply it with a trowel* One man oan alx enough for 100 men. On an awerage Jog there would oe ten men* One man, la one hour, could mix enou*J, oeaenc for al^tke mb for th daj. So t&8 oth" 5S.'.?l5u!d go to the tub and get s pail or ouoket full of this aaterial and take it to where they were working and apply It with a trowel. That is the usual way It Is done* TO COUHSKL FOH UTICA: He was not working up in Fort Kent, Maine with Hr. Rothwell; he was not oa that Job. He worked with m. *r -1,- t____ Housing. That may hare been two years ago# It was eoaetiai^li^is^it -13- Sothwell (dee'd) - __i7ins insulation to a boiler, dPsrsTihieeir*e are different tree* of Inmseuannlsa* tio^ofna^upyp^eld/.t--.^aA- sni-n-ed. and M"keettniee.r or no: period of time Mr.Bothwell was usiag -here are also 2lja. an.y _S1''*a ^-- know, witness replied,-aa. COUNSEL 7CE THE nT^TWg: -`ban one is J**7*f 7ou* going ngatofft tl 4rr surface and when J ^Lbestos cement was dry surface you crlng ttrt. He djA state^tne^aaoe^^ ^ fm8hlas sss si a; snss&sr&t: ^ s%rlp ct18 J'aS^-SKsS.6!Tl As^also in the for* of a wet ase*witness replied, J **, ^ *vj it's In molded fora* Benide* Aha wlTlng of the cem*nt whloh is cutting of the arterial is daatyj when you*re "Sidid^ and would it make any difference where you were install lag these mol* sofcnenis a* to the extent of the dust that would get an you, would a2T?~ places he acre darty than others,witness replled,yaa,enL opea eeastramtlera there would he aore wind* Owt would, make it sore- dusty. Asked, how a Pout Installing insulation on pipes that are in the ceiling, "between one ceiling qd the floor mbovntobjectlon noted by counsel for Utica, question admitted da bene) witness replied, I don't think that question, is out correctly as far as we are ecaseznett because between a celling Is not so, you're not between a celling when you're applying that, ye1 re open although It's between the nailing.,when, the lob la completed, you're in thh open wAen you apply it. The floor aboTe is la pl&oe* Askdd, you're working above against a floor,witness replied,yes. Asked, is that work aore dusty than other work or less dusty, witness replled,I think the answer would bh Just about the saae. Job, TO COUJiSEL POE trq?. UTICA: TWat depends on the conditions on the TO COUNSEL* PCS THE CLAHABT: Asked, so If I understand your answers, there are three parts of the work that are dusty, one of It is mixing of the asbestos cement*, the. second Is when you place the asbestos cement against the aEgnesIma black and the third is when yon cut the modiad segments to put on pipes. Is there any other part of the work that Is dusty, witness replied, as far as dusty, now as 1 understandhhafi question to be is the work dusty, yes, it's dusty but I won't say it's" dusty for all materials. TO THE COhKi bSIQNRRS The work was dusty when hs used thair material An mixing or rsutti-rtg or applying. TO COUJISEL POE TRAVELERS:Asked, on these Jobs where you were applying or this material that you were euttlng, there was a considerable dust that was not as result of your materials, is that true,witness aplled. that is tru*, I said yes# Asked, in other words on hollars tnat you wight be working on there may be a think coat of ordinary house or ouildlng dust, so-called. Is that hlght,wltnesa replied, yes. Asked, and on pipes that ^COT5rlf?g ?: might likewise be thick coating of housi or building duat,witness replied,yes* Asked, and when you say the Job was Juaty you mean la your operations you disturbed and knocked loose a let ?f d?It*l?w*rou"d "** replied, no, m my statement... Asked 5 "J **** the prooedure wnen you apply material either to a boiler or ?iP8 yU tBe duat that was on these pipes, witness replied, the answer until w. 'yea'* That would fly around. Askedf wW JSu sassftsirsjgpj! ss^r-rs?s ssCss "-^"StRft/asts* ** Tonk^iTjhizi r?t"!iitssns &* -lb- ^othwell (dec'd) majority involved material up to ten inches,witness replied, on .he worK I followed it has been without cloth, most of the work I hfSe Dee^ ,1^ has been larger work. He wouldn't know wh ether Mr.Rothwell^woncedwth the larger work or with work up to tea Imtai. A8ft** with material uo to ten inches it would ue covered with cloth, iC-ness replied, it would be* This wet cement was applied to a boiler or otner object with a trowel. When that was done, it w as applied only a section at a tiae. That answer does not apply when It is applied to the insulation on the boiler. They apply the insulation on the boiler firs* and then finish with the cement. Asked, on the stuff you apply dlreo.ly to the boiler you put that on directly with a trowel and that Is wet, witness replied, no.Aaked, you put that on with blocks,witness replied, yes. After he puts the blocks on, then he puts on the wet oeaent. The wet oeaent is handled la a trowel* Then they put on one part st a tins* Asked, so the only part of the boiler that you touch when you put cm the wet oeaent with the t rowel la that part which becomes wet, you don't touch any other part,witness replied, the wet ofbent hits one part or the boiler and invariably disturbs the dust that is an there. They cut these molded fora* with a ssw^Aaked, and when you out them with a saw do you usually put them down on something and saw down on them,witness replied, I would say 'no1 to that question* That is usually done by laying it down on a flat surface and cutting across it*Jt is done like on a table and out across. It cuts emslly+ASked, and the material that you cut is usually covered with cloth, up to tea inches,witness replied,yes* Asked, you don't know whether Mr.Rothwall used any material over tan &hehea or not, witness replied, net definitely* DE. JAMES STEWAET ROOHET, called and questioned by counsel for oiaiwmatitestlfiedi Qualifications admitted as pathologist) he has had the opportunity to review the record of Massachusetts General HosplSdi and the autopsy record <tf tM* Massachusetts General fioepital,. pathology department* fie ham formed an opinion us to the cause of death in thlSlcasa* In his opinion this nan's death was caused by addnocarcinoma of the lunge - that was the immediate cause of death -- with extension .to the heart, pldura, diaphragm, retroperitoneal tissue on the left, adrenals/' kldney*-saA the lymph nodes* Asked, was there any other pathologlealbaadltlom this man had which warn a contributing factor in his death (objection noted by counsel for Utica, his exception is saved) witness replied.there were other contributing factors*A8ked, what were they in order of importance,witness replied^ this man had asbestosls with pulmonary fibrosis,' congestion of the liver, inflammation of the external surfaoe of his heart, inflammation of mi* rlgfcJt lung, externally, and he had approximately a quarter of fluid in him right chest* Asked to tellimhat there is in the hospital restrd welch leads aim to the opinion this" aan had asbestosls, witness replied, in the sieroseopim exaalnation his lung tissue the characteristic nodular shaped bodies that one sees in asbestosls were present, these are diagnostic of asbestosls. Asked if he has an opinion as to whether or not there la any causal relationship between the asbestosls and the eaneer from which this aan died,witness replied he has. fils opinion is that due to the longstanding chronic irritation,** result of the Inhalation of asoestos fibers,that thlm is an adequate cause for the development of his oaacer whloh led to his deahl apIWt fro* effect in producing the asbestosls Itself play any part in his death attha S? replied, I don't think so, no. Asked, I want you to assume that this employee worked for Av W. Bancroft Company between aad ISar<Sl 1952, that during that time he performed the regular duties eg a neat^ and froBt insulation worker or asbestos ESS iSl^SSSiii days in wftioh he finished fittings, that in these operations he used ini LaClUd'* aa0ng WdlCh 'TOUld b0 asbesto. at, he used lb around pipes and fitting. that ca.e Kith the plp" ttat h. a noe^l^,  Bothweil (deo'd) 'that thla work was dusty, that tte thllh^a^presS^'ln^coSa^wtlOB material# as 'well as building dust which was presen lob, that the widow testified as fact that he coughs she washed contained &ost nartloles and I w in Jannar, A952 ""g f ? clothe* ^ further that cough which was <5li wora ii -the ^piling and productive oc a a*1' 1 n"v*fc"4-' _w_--. n# 'nr^miih that shortly thereafter he noticed that cm exertion ne was - -Hiade *nd >10^ - shark boring pain below the angle of his left shoulder blace, that he waa^ut of work froa February 21 to February ;p>i952 hoaefroa the Job which he was doing away froa home and was treated *0* WM,t the dootor told hi* was grippe, that he then returned to r0-"* J2 weeks and finally oeased work for the Bancroft Coapany on March 19,WZ and went to work for t he Armstrong Company froa KarchZO, 195^ t ~^, 1952, that he continued to do the work of a heat and frost insolation worker for the Armstrong Company, that he finally stopped work ^^tl/^L-ibed following consultation with a physician because of these syaptoaa describee before, namely, shortness of breath, on exertion, pain below hlB lers shoulder and cough, now, assuming those facts to be true as *0 his wo-s history and the nlstory of the onset of his symptoms * do you have an opinio* as to whether or not the work this man waB doing while in the e*PlT tA* A* W. Bamwaft company, that would be December i?,2950 Harch 29,1952* was aasaMRSft*'ffcotor in producing the asbestosls and hronehegeaie careinoH7wtiak he dled^witnass replied* (nouns al for Utica objected, quertias admitted ie bene, his exceptions are saved) I dm# It is his opinion that sometime during -1951 this man developed a kallgsoasy of his lung as secondary to his asbestosls, the asbestosls was a factor in causing the malignancy to start, that is as far as he can go# Asked, do you hare an opinion as to whether the inhalation of dust froa insulating materials la his work during 1951 was a factor, aggravating or precipitating factor. In the asbestosls and thereby of the canoer(objection noted by counsel for Utica,,his exception is sared) witness replied, if he Inhaled dost containing asbestos during the period of time it would aggravate his condition# Asked, do you hare an opinion as to whether or not his work from Xareh 20,1952 up to April 25, 1952,for the Armstrong Cork Cenemy, assuming that he Inhaled dust from insulating imperials at his work, including asbestos, was a factor in the asbestosls ami cancer from which he died, witness replied. I hare an opinion# It is oomioa that it aid not play any rolew Asked to giro hla reason for that opinion,witness replied, because he had carcinoma prior to the time carcinoma was the i of the death. Asked, didn't the further Inhalation of the asbestos during the last six weeks play any part in the aggravating or worsening h* conditio* witness replied, no, I don't think so* Asked, die it play any part in pr* duolng the death at the time that he died,ntness replied, S don't think no* TO COUwhhif 70S TEHB UTICA* Asked, you way that there was a long* standing chronic irritation due to the inhaling of fibers which you say was an adequate cause for the cancer,witness replied, that is correct. Asked, when you say longstanding chroaio irritation, can you t ellha how long, witness replied, I don't think anybody an tell you that; we do know that one of the causative factors in the production of aallgnaasy is a chronic irritating process, when that feeglms I don't think anybody ean narrow it down as to a week or a month, we know that cancer takes a certain length of time to develop, once it starts it depends on'the location, it depdatoon whether It can be removed or t, this man's.oaaoer was too advanoed to reaove, they took him to the Massachusetts General and attempted to remove it and found they could not because of the advanced stsjst*. when ais cancer began I can't tell you because the line of demarcation between loraal and abnormal no one ever sees, I don't think anyone ean tell. Aaked^ \ ^J^S**'* say whether or not the eaaeer had its lnoeotlon nriar to Kar-eh theTop^ril. up at tke e cannot flr^'a'daftatt? dtean%hat8f? lP5lla2Ptil2kJfir"h0or la 1952, irst coanenced, witness replied, I would sny the asbestosls had been present or many years# That Is so because of the appearance of the lungs# Asked, -16- Sotknell (dec*d) assume that this man worked at the aaae Job subsequent to March 20,^95- ^ to SSll 25, 1952. doing the sane sort of thing that he nad done o perlSd of Bwerter 1950 to March 20,1952. do " e_22 to or not the work subsequent to March 20,1952 would aa *"Jr**"c*i Ld~:` rsrt, havina in wind the facts that it whb jour opinion a- ihat *i*e ne naa,--r > asbestos is and,second, canoer (counsel for Travelers stated -ha- tne coctohas already answered the craestlon) witness replied, here s a man wao by 1952 whb doomed to death fro* his malignancy, his malignancy was tnen far oounsel for Travelers, doctor allowed to answer the question) witness replied, there are certain patients with malignancy that you advise contin uing their Job and working until the day they die, there are other patients who completely collapse once you tell the* they hare malignancy and never return to work, I don't think the work factor plays much of a role in the advancement of malignant disease. Asked, the malignant disease was aggravated, was It not, by the inhalation of asbestos after the malignant disease had started in his syBtem/was It aggravated by the asbestos dust, in your opinion, witness replied, 1 think that once his malignancy began, that f or a period of possibly four or five or six months following the beginning of his malignancy he might have accelerated the growth a little bit by Inhaling more of the factor that was one of the oausative agents in his malignant condition, the mallgnansy once it started was not aggravated toe much by the farther Inhalation of asbestos, that is in and nf itBelf, in subrtanoe it's not known to cause death per se* Asked, asbertosis,witness replied, yes* Asked, but your answer was that it was not aggravated very much, witness replied, I don't think it was aggravated very much by his work after his mallgnanoy started. Asked, but it might have been aggravated somewhat,witneSB replied, slightly. TO COUNSEL PGB TBATELEBSiAsked, did I undit3Trt you to say In your opinion the man's work from March 20th until the date he finally sfceppm* work, such a sbestos as he might have inhaled, if seny, played no part In either the aggravation or acceleration of the disease nor did it bring about hiB death sooner than It otherwise would have occurred. Is that a correct statement, witness replied, that is correct* Counsel for Trawlers made a motion the elm n against them be dismissed* The motion was under advisement* Counsel for claimant requested the Autopsy Heport of December k, 1952 - Unit Numoer 778205 - be made part of this record. This is done by reference and may be found In the Board file* The anatomic diagnoses reported thereon are: Bronchogenic adenocarcinoma, left lower lobe with extension to left upper lobe, heart,pleura, diaphragm,and r etroperitoneal tissue oh loft and metastases to right lung, adrenals, kidneys, and hilar, mediastinal, left supraclavicular and para-aortic lymph nodes; Asbestosis with moderate pulmonary fibrosis; Hepatic congestion, moderate; Pericarditis, fibrinous, Pleurltis, right; Pleura effusion, right (800 cc.); (Pulmonary osteoarthrouath. fingers, mild). -17-