Document 91pE2DM75a1mDZdOqpk8YnBw7
FILE NAME Manville JMA
DATE 1965 DOC JMA145
DOCUMENT DESCRIPTION Contract Unit Claims File Melvin Hunt
' WORKERS COMPENSATION APPEALS BOARD - CALIFORNIA
INDUSTRIAL ACCIDENT COMMISSION prior to 1966
APPLICANT | MELVIN HUNT
Asbestos Insulator
DATE CLAIM FILED
Feb. 11 1965
INJURY ALLEGED
Injury to respiratory system
ALLEGED DATE OF INJURY
1940 29 1965
CASE # LB 29228
EMPLOYER INSURER
Western Asbestos Co. et al
including M Travelers
OTHER NOTES
No apparent Canadian insurer
Pulmonary emphysema & fibrosis due to asbestos
e
-DATE OF RESOLUTION Aug. 25 1966
RESOLUTION
e
Compromise & Release
apportioned among 12 carriers
15,135.08 settlement
- DOCUMENTS COPIED
Approving
1 Order Approving C & R
2 Minutes of Hearing showing defendants
# OF PAGES
7
CLAIMANT
_
Melvin h Hunt
California Workers Compensation Appeals
Board
CARRIERS INVOLVED
The AETNA Casualty & Surety Co.
oAmerican Automobile Ins Co.
oAmerican Employers Ins Co.
American Motorists Ins Co.
Argonaut Ins Co.
oAssociated Indemnity Corp.
oCalifornia Casualty Indemnity Exchange
oCalifornia Compensation & Fire Co.
Casualty Ins Co. of California
Employers Liability Assurance Corp.Ltd |
Employers Mutual Liability Ins Co. of Wisconsin _
' oFidelity& Casualty Co. of New York
Fireman's Fund Ins Co.
Assurance
oGeneral Accident Fire
oGlobe Indemnity Co. _
Corp.
& Life Assurance Corp.
Ltd.
oGuarantee Insurance Co.
oGreat American Ins Co.
Hardware Mutual Casualty Co. Industrial Indemnity Co.
Sentry
Industrial Indemnity Exchange
oInsurancCoe. of North America
Liberty Mutual Ins Co.
Ins
Co.
Co.
oLumbeMr utumalaCansu' als ty Co.
oMaryland Casualty Co.
oMichigan Mutual Liability Co.
oMission Insurance Co.
oNational Automobile & Casualty Ins Co. oNew Amsterdam Casualty Co.
oOcean Accident & Guarantee Corp. Pacific Employers Ins Co.
oPacific Indemnity Co.
Reliance Ins Co. Standard Accident Ins Co.
oRoyal Indemnity
oo.
oSecurity Ins Co. of Hartford U.S. Casualty Ins Co.
State Compensation Insurance Fund
oTransport Indemnity Co.
The Travelers Ins Co.
Co.
oThe United Pacific Ins Co.
-
OU.S. Fidelity& Guaranty Co.
oZenith National Ins Co.
Zurich Ins Co.
00
21
5/81
I WORKERS COMPENSATION APPEALS BOARD
2
STATE OF CALIFORNIA
3
MELVIN L. HUNT
&&
,
CASE No. 65 LB 29228 '
5
Applicant
@
VS.
7 WESTERN ASBESTOS COMPANY et al
8 STATE COMPENSATION INSURANCE FUND et al
9
Defendant
10
CERTIFICATION CERTIFICATION
11 12 13 14
15
16
I hereby certify that the attached documents are true
. and correct copies of the original documents filed in the records
of this office in the entitled matter
Appeals
ATTEST Board of
my hand and the Seal of the
the State of California
Workers
Compensation
17
18
19
20
Workers Compensation Judge
Vv
Workers Compensation Appeals Board
22
22
23
"
24
26
26
27
Dated at San Francisco
California this 6th day of April 1981
DIA WCAS FORM 115
INEW 1-78
COMT DOP
DEPARTMENT DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF INDUSTRIAL ACCIDENTS
~~"
RELATIONS DEPARTMENT OF INDUSTRIAL _ DIVISION OF INDUSTRIAL ACCIDENTS
WORKMEN'S COMPENSATION APPEALS
STATE OF CALIFORNIA
.
BOARD FILED
MELVIN L. HUNT
CASE No.
Applicant
VS.
ASBESTOS
WESTERN ASBESTOS COMPANY et al )
Defendants
BEACH LONG
OFFICE OFFICE
/
Order
Order ApAppprovringovingApproving
Compromise and Release
- AND
ORDER DENYING LIEN CLAIM
.
GOOD CAUSE APPEARING THEREFOR IT IS HEREBY ORDERED that the lien claim of the Department of
Employment be and it hereby is denied
_ The pMaartricesh to28the e19n6t6itled action having filed a Compromise and Release herein on |
through August 1966
settling
this
settling this case for
15,135.08
in addition to all sums which may have been paid previously and requesting that it be approved
record and this Board having considered the entire
including said Compromise and Release now
approved finds that it should be
and pursuant to Notice of Intention and
GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that said Compromise and
Release be and it is hereby approved and the proceeds paid as follows
BY AETNA CASUALTY & SURETY COMPANY
TO SDIRLVEJROS&EPMHcWF.ILLBIOAYMLSE lien claimant 259.50
475.00 Lien for living expenses $
475.00
As attorneys fee 1,450.00
MELVIN L. HUNT applicant
1,925.00
1,925.00 601.86
$ TO MELVIN HUNT
2,786.36
applicant . BY AMERICAN MOTORISTS INSURANCE COMPs Ae Ne Yeeo e os . 12,348.72 12,348.72
BY STATE COMPENSATION INSURANCE FUND
ee
eee cca ece
2,714.93
871.43 BY FIREMAN'S FUND INSURANCE COMPANY
eee eee es cece ceccca,
871.43
BY HARDWARE MUTUAL
ccc e eee cece ccc ee.
451.63
INSURANCE COMPANY
190.30 BY PACIFIC
EMPLOYERS
INSURANCE
.ecccee Cece
COMPANY
meee races
190.30
1,866.56 BY THE TRAVELERS INSURANCE COMPANY
Bees mee encwasece
1,866.56
BY EMPLOYERS MUTUAL LIAB
INS
CO
OF
02. tte cceeeeecene
WISCONSIN
3,386.49 3,386.49
556.8L 556.8L BY ZURICH AMERICAN INSURANCE COMPANIES
oo... e eee
BY RELIANCE INSURANCE COMPANY
R. were sees enene.n.
194.25
COMPANIES BY INDUSTRIAL INDEMNITY COMPANY
eee cr lee ev
Mee
25.00
0.0.
cee
lle... RY ARGONAUT INSURANCE COMPANY
ecceeesececcu
. 745.50
oo 0.00.
LIBERTY BY LIBERTY MUTUAL INSURANCE COMPANY oe
40.42 40.42
SERVED ON ALL PARTIES LISTED
weet
eee eee eee ens en re
1,305.35 1,305.35
ON THE OFFICIAL ADDRESS RECORD
15.135.03
15.135.03
9-14-6By Hisham Date 9-14-66By 9-14-66By 9-14-66By Glinks
12
.
.
,
SEPTEMBER 1 INATED AT LONG
1966 BEACH
DIA CAB FORM 65 REV 2.60 IFORMERLY FORM 382
CALIFORNCIALIFOARNIA ReeceSs,
WORmIe
OFFENSE OFFENSE Ut FEADS
BOARD
4817-9038.com 4817-9038.com 4817-9038.com 4817-9038.com 4817-9038.com ae
a
(
1
i
K
BEFORE 1
i
THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFOR
.
2
CASE NO 65 LB 29228
3
ah MELVIN L. HUNT ; F
5 4
Applicant
) MINUTES OF FURTHER HEAR
December 29 1965
)
6
VS
HARDWARE COMPANY 7 rnWARREN AND BAILEY
Lt
MUTUAL CASUALTY COMPANY
8
soon to be renamed SENTRY NATIONAL
INSURANCE COMPANY ;
.
Oo:
WESTERN ASBESTOS COMPANY
10 K. STATE COMPENSATION INSURANCE FUND
11 5. T. THORPE INC
:?x. PACIFIC EMPLOYERS INSURANCE COMPANY;
12 AMERICAN MOTORISTS INSURANCE COMPANY
1133 g PLANT RUBBER AND ASBESTOS
UNKNOWN
) ) ) ) ) a) ) )
L UNITED CORK COMPANY
)
15 LIBERTY MUTUAL INSURANCE COMPANY
)
a corporation
16 16
17
17
18
.
19
20
&. ARMSTRONG CORK COMPANY
)
|ie EMPLOYERS MUTUAL LIABILITY INSURANCE
)
COMPANY OF WISCONSIN
)
RELIANCE INSURANCE COMPANY a successor )
in interest to STANDARD ACCIDENT
COMPANY ) INSURANCE COMPANY . _.
THE TRAVELERS INSURANCE
AETNA CASUALTY AND SURETY COMPANY
j
FAR ) NORTHERN INSULATION
21
UNKNOWN
22 METAL CLAD CORPORATION
25 INDUSTRIAL INDEMNITY COMPANY }
UNITED REFRACTORY COMPANY
)
24
UNKNOWN
25 HUGH A. ELSDON COMPANY
)
i UNIJNOWN
)
26
THE ~~" JOINIS MANVILLE SALES CORPORATION
}
27
TRAVELERS INSURANCE COMPAITY
|
3 A OWENS CORNING FIBERGLAS
}
{ THORFE INSULATION COMPANY FIRZIANS FUND INSURANCE COMPANY
it
u!
)
: NG TESTIMONY HAS BEEN TAKEN ON THIS CASE .
12-29-65 12-29-65)
MUNDET CORK COMPANY JAETNA CASUALTY AND SURETY COMPANTY .
REESE INSULATION COMPANY
3 INDUSTRIAL INDEMNITY COMPANY
BALDWIN COMPANY
.
LIBERTY MUTUAL INSURANCE COMPANY
FIBERGLAS ENGINEERING COMPANY FADINA FADINA CASUALTY SURETY COMPANY
* F. BRAUN AND COMPANY a
corporation
AMERICAN MOTORISTS INSURANCE
COMPANY
THE E. J. BARTELLS COMPANY
#HARDWARE #HARDWARE MUTUAL CASUALTY COMPANY
soon to be renamed SENTRY NATIONAL
10
INSURANCE COMPANY
11 MONROE FOOD MACHINERY INC ARGONAUT INSURANCE COMPANY
12
7H INDUSTRIAL FURNACES INC .;
13 iV FIREMANS FUND INSURANCE COMPANY
14 iwi PAECO INSULATION CORPORATION
UNKNOWN ;
15
+ INDUSTRIAL SERVICE AND
16
ENGINEERING COMPANY OF CALIFORNIA
Ad LIBERTY MUTUAL INSURANCE COMPANY
17
LOS ANGELES CORK COMPANY
18
URICH INSURANCE COMPANY
19 iw ARMSTRONG CONTRACTING AND
; SUPPLY CORPORATION
20 iw EMPLOYERS MUTUAL LIABILITY
INSURANCE COMPANY OF WISCONSIN
21
RELIANCE INSURANCE COMPANY a successor
in interest to STANDARD ACCIDENT
22
INSURANCE COMPANY
Us THE TRAVELERS INSURANCE COMPANY
23 ft AETNA CASUALTY AND SURETY COMPANY
24 MARINE ENGINEERING
COMPANY
25
UNKNOWN
AND
SUPPLY
-RODERICK LYNCH dba
| LYNCH ASBESTOS COMPANY
27
23
Defendants
23 23
30 30
2
Applicant's 1
.
Report
Report of Dr. Boyle of October 18 1965
together with ray report and laboratory studies together with his statements e
THIS CAUSE came on for hearing at 9 a.m. December 29 19
w in Department 6 of the Industrial Accident Commission Long Beach
California before the Honorable RAYMOND LEAVER Referee
5 PRESENT
M. Sutton Reporter
fi
Applicant
Silver and McWilliams by
:
7
Edwin Silver attorneys for applicant
.
Henderson 8
J. D.
representative for American Motorists
Insurance Company
9
M.
FFurnadnklin
Kaye
attorney for
State
Compensation Insurar
Stephen Schweitzer representative for Firemans Fund Insurance Company James Hummel representative for Employers Mutual Liabili Insurance Company of Wisconsin
.
Joseph J. Gleason for Weingand Kendig and Stockwell attorneys for Liberty Mutual Insurance Company Aetna
Casualty and Surety Company and Owens Corning Fiberglas
insured
7
James C. Thomason for Roberts and Thomason Pacific Employers Insurance Company
attorneys for
Company Allan Schummer for Clopton and Penny attorneys for The
Travelers Insurance Company Industrial Indemnity Company and Reliance Insurance Company a successor in interest to Standard Accident Insurance Company
James J. Wood attorney for Argonaut Insurance Company
Jack Sisk for Herlihy and Herlihy attorneys for The Travelers Insurance Company and Johns Manville Sales
Corporation
LET THE RECORD FURTHER SHOW that Robert Maholchic representative for Zurich Insurance Company telephoned the Referee and advised that his car broke down and he
might not be able to make the hearing
LET THE RECORD FURTHER SHOW that Kean St. Charles telepho the Referee and advised that flood conditions prevented h appearance He advised that he represented Hardware Mutu
Casualty Company which was soon to be renamed Sentry National Insurance Company
LET THE RECORD FURTHER SHOW that Melvin
claims to have been born on October 25 have been employed by various employers
L. Hunt who
1899 claims to
in California an
3
ce
en
oe
meres
lay
'
qos
H
in Alaska pursuant to
State
of
California
a contract of employment
from
entered into
2
time he claims to have
1940 through January 29 1965
in
system arising out of
sustained
an
injury
to
29
his
during
3
and occurring in the
respiratory
ISSUES
course of his employ
ip
5 6 7
8
9 10 11 12 13 14 15
16
17 18 19 20
21
22 23 24 25 26 27
.
2
Employment except as admitted
. Age
3. Occupation
. Injury
Insurance
6 coverage except as
i
Need for medical treatment
admitted
*
7 M Lieabdiliitcyafolr cporstoscured medical treatment
9 10
Earnings except as admitted
11 ANpaptourrteionemxetnetnt and duration of disability
12 Lien claim of the
13 Statute of LimitatiDoenpsartment of Employment
14 Prejudice by lack of notice
15 Jurisdiction
THE FOLLOWING ADMISSIONS ARE
MADE
through 1. American Motorists
Insurance Company admits insuran
coverage for J. T. Thorpe Inc. , from July 6 1956
1954 Said carrier further admits
July
employment and
forth in the letter
earnings as se
of August 9 1965 from the Department of
Health Education and Welfare
1954 coverage
2. for
American Motorists Insurance
Company
C. F. Braun and
Company for the year
admits employment and
earnings as set forth in the
9 1965 from the Department of Health Education
admits insuranc and furth
letter of Augu and Welfare
Western
3. State Compensation Insurance Fund
admits coverage fc
Asbestos Company for the hears 1941 1942 1943 and 1953
following Thorpe
4. Firemans Fund
Insulation Company
Insurance Company admits
coverage for and employment for said
company for th
periods March 4 1957 through April 5 1957
28
January 23 1958 through January 31 1958
29 October 25 1962 through December 5 1962
30 March 5 1963 through Karch 29 1963
Said carrier further admits earnings during the aforementioned
te ee
2
3
5 6
7
' 10 11
periods in the total amount of 2,783.95
5. Firemans Fund Insurance
Company admits
Industrial Furnaces Inc. for the year 1959
coverage fo
6. Employers Mutual Liability Insurance
Company of
Wisconsin admits insurance
a
corporation for the
coverage for Armstrong Cork Company
period January 1 1944 to
7. Liberty Mutual Insurance
January 1 1952
Company admits
insurance for Baldwin for the
(
third quarter of 1964 and
further employment and
adr
earnings for the third
reflec quarter of 1964 as
in the August 9 1965 letter from the
Education and
Department of Health .
Welfare
12 13 14 15 16 17 18 19 20
8. Liberty Mutual
Insurance Company admits
insurance
coverage for Industrial Service and
Engineering Company of
California during the first
quarter of the year 1963 and furth
admits employment and earnings as
reflecteidn the aforementione
letter August 9 1965 ltr of Dept. of Health Education &
9. Aetna
Welf
Casualty and Surety Company admits insurance
coverage for Mundet Cork
Company for the last quarter of
1957 and further admits earnings and
the yea
employment as reflected in
the aforementioned letter
21
22 23 24 25 26 27 28 29
employment 30 10 Pacific Employers Insurance
Company admits
for J.T.
Thorpe
Inc.
for the period September 30
coverage 1944
September
1955 except for the period
through
January 1 1952 through
January 1 1953. Said carrier further admits
and earni
during the period of
coverage as reflected in the aforementioned
letter of August 9 1965
.
11 The Travelers Insurance
Company through Mr. Schumme
admits coverage for Armstrong Cork Company for the period January
1952 through January 1 1954. Said carrier further admits
employ for the quarter ending March 31 1952
through the quarter ending
5
5
yo 3 4
5
7
8
8
10 11 11 12 12 13 13
14 14
15 15
16
17 17
18
1819
March 31 1953 as reflected in the aforementioned letter of August 9 1965. Said carrier further admits earnings as reflected
during these periods in the aforementioned letter
12 The Travelers Insurance Company throughthrough Allan Schumm
admits coverage for Armstrong Contracting and Supply for the
perio
January 1 1959 through January 1 1963
i
13. Industrial Indemnity Company admits coverage for <
Metal Clad for the Period September 27 1949 through MaMrcharch 31
further 1954. Said carrier the in and 1953 as reflected in
admits employment and earnings
1952
aforementioned letter of August 9 19
14 Industrial Indemnity Company admits coverage for
Reece Insulation for the 1 1958 and also admits
period October employment and
1 1957 through earnings as set
October 1 forth in t
aforementioned letter of August 9 1965
.
15. Argonaut Insurance Company admits coverage for Monroe
Food Machinery August 4 1959
Inc. for the period July 29 and admits employment for the
1959 through
same period and
earnings as reflected in the aforementioned letter of August 9
1965
20 20
16. The Travelers Insurance Company through Jack Sisk a
21 21
admits subject to withdrawal coverage for Johns Manville Sales
22 22
Corporation for the period January 1 1957 to July 1 1957
23 and further admits employment and earnings for the quarter ending
23 March 31 1957 as reflected in the aforementioned letter of Augus
25N
9 1965
NN 26
17. Zurich Insurance Company through Mr. Kaholchic in
27 a telephone conversation with the Referee admits coverage for
28 28
Los Angeles Company for the period October 27 1962 1962 to
,
29 29
November 1963 1963and further admits employment for the ppayrollayroll
30 30
period ending July 24 1963 through the patroll period eniing
E
LY September 11 1963. Said carrier admits total earnings during sai
NY period of 1,281.20 in addition to bonus paid or overtime pay in
3
the amount of 106.40 Said carrier admits
earnings as follows fc
-
the following payroll periods
5
July 24 1963
160.32
'
July 31 1963
200.40
7 August 14 1963 167.36 .
August 21 1963
209.20
8 August 28 1963
209.20
'
September 4 1963
146.44
September 11 1963
188.28
18. Hardware Mutual Casualty Company soon to be renamed
Sentry National Insurance Company through Kean St. Charles in a telephone conversation with the Referee admits coverage for E.J. Bartells Company for the period October 1 1953 to October 1 1954 and further admits earnings of 1,359.28 for the quarter
ending September 30 1954
Warren
19. The and Bailey
above carrier also admits coverage only for Company for the period September 1 1952 to
September 1 1953
DISPOSITION Continued on notice for full day hearing
Bex.