Document 7RG4KX0oxKx9jYxzBz0yBO9ro
Ro b e r t L. Mu e l l e r Ro b e r t E. F\iv l in
Ric h a r d W. Gu n n in g
De n n is S. O'Br ie n L. Ro b e r t Mu e l l e r Ke v in J. Da v l in
LIVINGSTONE, MUELLER, GUNNING, O'BRIEN & DAVLIN, P.C.
Attorneys at Law
620 Ea s t Ed w ar d s St r e e t Po s t Of f ic e Bo x 335 Sp r in g f ie l d , Il l in o is 62705
Te l ep h o n e (217) 525-1070
FORMERLY
Liv in g s t o n e , Mu e l l e r , Dr a k e a n d Da v l in
C. A. Liv in g s t o n e 1896-1982
Le s l ie V. Dr a k e 1895-1971
r edact ed
REDACTED
November 22, 1985
Mr. Steven Borgstrcm Raymond Sheakley & Associates 18W100 22nd Street, Suite 124 Oakbrook Terrace, Illinois 60181
Dear Steve:
In re:
8209 00116 May 15, 1981
rs. Sherwin-Williams
This case was tried before Arbitrator Clyde W. Boyd in Litchfield on Friday,
October 31, 1985.
testified as surviving widow. Essentially
her testimony was of her husband's declining health over the years of his
employment with Sherwin-Williams, which began in about 1941, and was continuous
except for the interruption of WW II. She testified as to his coming heme coated
with the white dust, and that on occasion his face was completely dusty and she
could tell that he had not worn a respirator. I recall that she indicated he evidenced
a chronic cough in about 1962. In the next 10 years, he began increasingly tired,
had an obvious breathing problem and often gasped. He had problems sleeping. She
testified that on the morning before he began his terminal hospitalizaton, he was
fixing his lunch before reporting to work at Sherwin-Williams. She would not admit
to any clear knowledge of information we had that
brother and father had
suffered pulmonary diseases.
I called Les Rcranelin to testify principally as to the furnishing of respirators, the fact that they gave uniforms to the employees, provided laundry service for those uniforms. A new uniform was given every three months. He testified that they had a shower rocm. He testified that they had had frequent OSHA inspections, and had never been cited for their dust exposure.
Petitioner's attorney offered into evidence a copy of the marriage license, death certificate, the evidentiary deposition of Dr. Noah Dixon, and the Russian article concerning zinc oxide dust. We offered the deposition of Dr. Van Ordstrand, and read into the record the exhibits within that evidentiary deposition; three articles which Dr. Van Ordstrand had either provided or identified which included:
"A clinical and Laboratory Investigation of the Effect of Metallic Zinc,
of Zinc Oxide and of Zinc Sulfide Upon the Healthaf Workmen" by
Batchelor, etc.
N40278
"Toxic Metals and Their Analysis" by Berman
0007-SWP-005800974
"Industrial Toxicology" by Hamilton and Hardy
CONFIDENTIAL
Finally, we offered copy of the letter of September 17, 1985 fron Dr. Van Ordstrand directed to me.