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u (NTH. /OFfUt COMMUNICATION i'---------(Arm st ro n g iC from $-vbj<.ci Wallace B. Hofferth, Insurance Department, Lancaster F. M. Downey, Building Materials Operations, Minneapolis George A. Kingston Notice orr iTing Decision of Keferee Award on Stipulation p,VH W 1363 Apr. 25, 196? Attached are the above papers on the case of George A. Kingston, who claimed to have contracted "asbestosis" while in the employ of our company as well as several others. FD enc. 1J01 >.JJ / c~w !'ile No. Picord No. STATE OF MINNESOTA 3nbuStrial Commission of jJlinnesota JDtbision o( GJothmen'* Compensation STATE OFFICE BUILDING. ST. FAUL 1 112920 5355C NOTICE Or FILING DECISION OF REFEREE "mrz* Kingston Employe, V8 . .. : nfcrsann Sons Const* Co* Ltd*, et al Employer, and >'moloyoru" V^.o..b^v.a- aX Insurer. -> THE ABOVE NAMED PARTIES AND THEIR ATTORNEYS: PLEASE TAKE NOTICE that hereto attached and herewith served w.ion you Is a true and correct copy of the decision of tne referee filed with this commission in the above entitled matter on the --mb---------- day of---------------------------------- is4f-- j ' INDUSTRIAL COMMISSION OF MINNESOTA, Dated at St. Paul, Minnesota, By "March 29------------------------------- * E*D* KcEinnon Secretary, z Til* Ho, 112920 Record Ho. 5355C STATE OF MINNESOTA INDUSTRIAL COMMISSION or woruiciro coorCMMTto* ST. PAUL I AWARD ON STIPULATION George A. Kingatw.*, VS 1) Sprinlmann Sons Conet, Co, Ltd. and/or Sprinlcnann Sons Corp, 2) F, s, Iamaon Company 3} Riggs Dlstler Sc Co,, Inc. 4) Armstrong Cork Company 5) Asbestos Insulation A Supply Co. 5) Unknown 6) H. Bennett Corrp-sny 6) a) Central Surety Ins, Corp, b) Manufacturers casualty 7) Insulation Services, Inc, and/or 7) a) American Mutual Liability b) Travelers Insurance Co. 8) Asbestos products, Inc, 9) Siith-Sharp* Company 8) a) Anchor Casualty Company b) Bituminous Casualty Corp, 9) Anchor Casualty Coopany The above entitled natter caae on for hearing before the undersigned referee of the Industrial Coaaiaaioa, pursuant to due notice, st Minneapolis on March 29 and 25, 1963, and on said latter date the parties advised that they had reached an agreeaent and dictated a stipulation for settlement into the record, a copy of which is hereto attached and nada a part hereof. The.referee haa considered the pleadings, the testimony taken, and the stipulation, and finding the facts recited In said agreement to be true and that the saae is In substantial accord with the provisions of the work* sen*s compensation law of Minnesota, NOW, THEREFORE, IT IS ORDERED That P. S, Laason Company, employer, and the Travelers Insurance Company be and the aaaa are hereby dismissed. NOW, THEREFORE, IT IS CONSIDERED AKD DETERMINED That this .employe is entitled to and he is hereby awarded compensation against the above named employers and insurers in the due ar.d payable one lump sum without Interest deduction of $13#5CO.CO representing 300 weeks at $45.00 per week, payable as follows* Anchor Casualty Company $3,375,00 to Robins, Davis and Lyons of St. raul as stipulated attorneys' fees, which when - ' Scployers Mutual Liability Insurance Company the sun of $4*150,00 to employe, American Mutual Liability Insurance Company the S\a of $2,750,00 to employe, ' Central Surety and Insurance Corporation the bub of $>00,00 to the employe. New Amsterdam Casualty Company the sun of $350,00 to employe. Manufacturers Casualty Insurance Company the sun . of $350*00 to employe, United States Fidelity and Guaranty Company the sum of $250,00 to employe, Biti5.lnr-.\- ....... t<, s.i-.c.oyto. r^f-rzi the sum of $700,00 And, In addition, reimbursement by Standard Accident Tn*ura^c Company the sun of $1,300,00 to employe for payment by him of magical, hospital, ana related expense. Said payments when made shall constitute full, final, ana complete settlement of any and all claims of any character or description, including compensation, medical, hospital., and related items, resulting from employe's temporary total cr other disabilities claimed to have been the result of occupational diseases of aabestosia or silicosis or otherwise incurred while in the employ of the above named employers from 1919 to October 2, 1959. IT IS FURTHER ORDERED That all petitions filed herein be diamissed, . OHirc _________OSORQ2 HOTTINOER Referee for INDUSTRIAL COMMISSION OR MINNESOTA Dated at St, Paul, Minnesota, this 27th day of March, 1963* H PTfJt OffiCi COMMUNICATION (Armstrong Wallace B. Hofferth, Insurance Department, Lancaster January 28, 1963 , H. Downey, Building Materials Operations, Minneapolis Cserge A Kingston. Petitioner Notice of Hearxng JAN 30 `953 VU.H< . -..tsched is a notice from the Industrial Commission of Minnesota regarding the i.es of the hearing in the case of the above individual who claims to have ;itracted "asbestosis" while in the employ of our company as well as several hers. .- : .55 / form C-U STATE OF MtlHOTA INDUSTRIAL'COMMISSIOH OF MINNESOTA AIL O.-.Y "* Division of Vorkseo'a CospenMtion of) ALL 2AY u- 3tt offu* siuui, st. fMti i -larch 2? A LI. JAY h : 112920 Mle No----- 5355C T.ecord No. JAN 2? ORDER OF REFEREKCE AND NOTICE OF XEAAIN8 MINNEAPOLIS. f/J.-i.'iLOOTA Ooorrre A* Kinrnton Employe, 1 5r>r1 nknr.nnv 87ns Const.Co. Ltd. and/or Srrin':rsnn Son*. *-orp. 2.F.C, ton Co. ''.'Urrn Co. L.At--.strrnr Cork Com^ny 5.''5b:;Rtos ' sulntlon A- fu--!? 6./.H. XTm]vlfl^;r^enTv>tt 7.Insulation' arvlroa nnd, insulation wsrvlcsn of Xinn. R./>.ib `rsto? :`roducts 9.Trr:ith`"hrrnn Cul and T , ynnlov'ir; -u'u"ln of _ cunru 2 fc::n':n^'.Ti3 .V--hnQv^ Lrt.m'l--r-r 5. un'^o^n c.aJCrntrl urtv M. nnuf'cturo-o ^r.-u'itv 7o)*n?rlc**n t tTr"Yrr. r'v ! :rr -.TX-.cno- wssu^lty b;Bituminous Lr oualty y. Anchor c& suclty Company TO THE ABOVE NAMED PARTIES: , T-'." KE NOTICE that, Issue having been joined in the above ...witiea matter as required by the Workmen's Compensation Law,, now ..erefore IT IS ORDERED that said matter be referred to.Vnr-? , Referee for this Commission, to hear the same* and make such findings of fact and determination as may be required by law upon the evidence produced. ...YOU WILL .FURTHER .TAKE NOTICE that said hearing will be held at v!5 -rouucn -ap< tnlalj& I*Ov/Cv Nwor.uth4i 7th --wtriuo.^wt , i.n .thve- City _o_rinVnill.a.g.e- /o f. r1 ___ . <g r in March County, Minnesota, on the^q^9fy7day of , A. D. 163____ commencing at____-TrOTo'clock in the noon of said day or as soon thereafter as the matter may be heard. FULL DAYS Dated at St. Paul, Minnesota, Ianu w pi 19.&3-. INDUSTRIAL COMMISSION OF MINNESOTA, By - D* ^Xinnon SvcrttAry January 1963 Hr. Lee rcott Arr.stronp Cork Conpany Thiildinc Materials .'division 1:539 Hiawatha Avenue I'in neapoils, Minnesota >. n. ja:;:?.:ss3 Dear Leo: Subject: George A* Kingston; Petitioner As per our telephone conversation tod7, I would suprest that you send 1 tho sirrsons voa have received repardinr subject individual havinr con- ''a9bustcsi8* vtiile in the enoloy of the Arr-stron? Cork Ccrepany V'./<,: lace H. Hefforth, Assistant General Manager of your Insurance !' :* ' V.. *t Lancaster. Hr. hoffertb and Nr. v.illian P. :*oble, Jr., Legal Doparisent, `'ocretary's Office, Lancaster have been jointly henoliiif; tki* case since it first caste to oar attention in October, 196?. As stated before, we fcol that Armstrong Contracting & Supply Corporation is net involved in this ratter since ti* dates of er.rlovr.ent unoer the . Armstrong Cork Conrany were 191:6, l?Ji? end 19u9. As you know, our files rre kept for seven years. And then destroyed. _. * are not able to chock the eTTplovront record of this nan in any uannor free* files in our local office. * Very truly yours, ARTSTRCEQ CCtJWACTTiO i SUPPLT CGRT. FES 3U V. Unbohocker cc: ?red L. :'-Ardnor, Lancaster >! r\ Kottaeier, Chicago VCLllisn r. iCoble, Jr.,Legal Dept. matronp Cork Co., Lancaster Wallace 3. Hofferth, Insurance i`pt4--- Armstrong Cork Co., Lancaster n December 19, 1962 Hr* James A. Leaon Claim Representative - Standard Accident Insurance Company Claim Department 8l6 Second Avenue, South Minneapolis 2, Minnesota _ Dear Mr. Leaons . 8*ibjecti 32-C 3^383 - Armstrong Cork Company et al ' George A. Kingston (Bsplcyee in years 19^#>19^1-19^9) This is in aasver to the questions raised in your letter of November 16 addressed to our former plant location la Carden, Key Jersey. Cork pipe covering and cork board production vas discontinued in our Camden, Jtev Jersey., Plant in 1953 and the plant vas subsequently sold on Decerber 30, 1955* Some of the production facilities vere transferred to our Beaver Phils, Pennsylvania* Plant and cork pipe covering and cork board vas manufactured there until 1959 vfaen production of all cork products at this plont vas discontinued* Ve believe this is the information you are seeking although ve find. it difficult to associate it vlth a vorkaen's compensation claim based on silicosis* Very truly yours, Wallace B. Kofferth Assistant General Manager Insurance Deportment fMTfft, QfFICi COMMUtnCAnOH To From Swbit V, B. Hofferth P. D. Little George 1. Kingston Armstrong December 17,1962 n l,v The attached letter of Koveaber 16, 1962, froa Standard Accident Insurance Company addressed to Armstrong Cork Company, Caaden, N. J., was received try us on December 5. Ve hare not been able to locate any records of a George A. Kingston as employed in any Armstrong units including the Armstrong Contracting & Supply contract group. Records for hourly paid employees in plants and for Arm strong Contracting & Supply contract employees are not retained after a ten year period, hence, we cannot say that Kingston vas or was not employed by Armstrong Cork Company in the years indicated in the letter. RJE Enclosure fV.-C. /t------/ "WS reitM ihi>u r----f*rt NO ENVELOPE REQUIRED / VMC& j'* Ut 'd G - rfi Standard Accident InHiirnnce Compuny CASUALTY . n*t MAINC MOCUTY . SUHtTY uC.*L**jmoutsMr tn ' Claim Department ! SECONO AVENUE. SOUTH MINNEAPOLIS2. MINN. ro t_ oaat ce. wirmonw Nuun * Armstrong Cork Company Css den, New Jersey nxrzz***.>^oi __ _ . _ _ . Hot. 16, 1962 Ou'.tl eosn: Re: 32-C 340333 - Armstrong Cork Co, et al Geo, A, Kingston (employee in years 1946-1947-1949) On November 14, 1962 I contacted Hiss Florence Downey of the Minneapolis office or the Armstrong Cork Co, pertaining to the question of where the cork products are manufactured* Does your company at your New Jersey address still manufacture the cork coverings and/or boards or b&s that been changed to soma firm in Chicago, HIion is? The reason we are inquiring is because there is a workmen's compensation claim made of an employee who was employed in tho years of 1946, 1947 and 1949 in which the said claimant has incurred silicosis. Jhclosed for your convenience is a self-addressed envelope* Thank you very ouch. `' JAL:hb enc. JAMES .A. LEAON Claim Representative Mr* feltor H* 31am* U27 3. X. Monroe St. XHancapelid, 21, Kina, Hot* 16,1962 ^*ar Vfc* Sinneri 34038? -- ArsMtror'* Cork C?< , . .. . .yioh *- Kv-aloyso 1'* years 1946-1947-1949 On ISfeyaaber 6, 1962 X ooatoeted you perteiaiaf to Geo* 1* Cis&rton, vbo vat in the eedoye of the Arcetrouj Oork Go* la 1949* X appreciate the lafarretioa you were able to fir* as ae far a* your ossory oould rcoolieet. Sooloaed vith thia letter la a letter that ve repaired fins our vorkaan1* ecapeneatioa attorney, Mr* C* 1* Stark, who vlll be handling thia yorkaan* a 'Ncnonaatioa olaia tot rur Oot^ABj Id a future h*arlcg, It tha p*ragraph that J hart ladiested la pea, thia nay oauae aa iDOoerealeaoa but If thare Is aay quartina oa tbit, would you please be so kind aa to ocatart VJr. C. 1* Stark at the telepbohe piccber listed please* Again thank yea r*ry each for yo help in this cotter. Tery truly your*, , JLLthb ooe. J AXELS A. UAON data Bspreeeatatire KEASBEY . MATTISON COMPANY Msnu/seturers of A*b99toa, Aph*)t *nd ImulMting Product* AUILCK, ^IN N YLVAHIA 9hti*4tl0ki0 iw Cmt+ tit JHittmU <.4000 November 19, 1962 Standard Accident Insurance Company 8l6 Second Avenue, South Minneapolis 2, Minnesota Attention; Mr. James A. Leacn, Claim Representative Re: Ho. 32-C 3*40383 - kmtrar- Cort Company George A. Kingston - Employee Years of 19**615***t-19;`9 Gentleoen: Ve have your letter of November 16, 1962 referring to various asbestos contents in products apparently manufactured fey this company. Keasbey 4 Mattlsoa is in the process of dissolution, and ve have very few people, none of whom is technical, ?fcat could ansver questions asxed in your letter, Furthermore, your letter is to indefinite for us to tie dovn the product that you are tailing about. Ve are sorry ve cannot aasver your inquiry. Very truly yours, 1ZA2B3? 1 MATTISON COM?ANY E. B. Childs, Secretary EBCtHO s Kishoy a ad Hzttlsen Cocpaay Lzbor, Ponnsylsunia Bs*. 16, 1962 - v. ?r- vp*** - rs3trag Cork Co* Qoo* 1. Trjj^irtoa - caployoo years of 1946*1947-1949 aro tho ljinnaoi oarricr for tha XrBstrcng Oork Co. when operations aro locate throughout tho cou^py, 4 vrrfcs**1* ooanonsation elnia has boon gads against our nomad 1 nsured in vhidj wo art assuming tho luToatigations ns thair oorriar* lot? claimant all**go a sii:oosis injury* - tteuld you ploaso bo so kind as to adrlao us ifcat proportion ot tho acb^rfcoa ooTtrins that you canafacturo (vhioh wo supposo is a fom ot papor) is asbestos and hov nocfa dust there would bs per all 1 ion oublo units or air if this nn roloaood Into tho air? 1 bolirvo tho seno information would alco apply to asbortos past# or naterial that is used to apply it as wall* This is, ot oo'troo nnly for oar iftforaatlon oa! IT it is neceosary, us nay net need to ro-oal this inforastioa, but it would bo a good background for ocr ooaponootion attorneys In handling this claim* Our attorney Kr. C. 4* Star of Minneapolis, Hinnaeota states that it is his bollof thut th to Is Yo-y litili froo aebostos dust por eubio foot of air tdien this notorial Is b-aiag usod 1 n teas kind of a wot pasto to bo applied to pipos and othor materials that are usod in tbo pooling or boating or refrigerating aystoas* Enclosed for yur convenience is a stamped aelf^dcirtseed oorolopo* Thank you Tory Booh. Truly yours, .'iLthb DO. JXMhS 4, L2AOJ Gain Koprosontatlro Ifcrcdber 19, 19^2 Hr* Jaass A* Xe&on Clain Jbprcsent&'clve Staalnrd Accident Insurance Ccgpany 8l6 Second Avenue, South Minneapolis 2, Minn* Bear 3Sr* Lcnsai; Sheets 32-C 340333 - Amstrcns Cori Ccnpsny George A* Sinsstan - 194-5 194-7 and 19^9 Ve vish ve could cceply vith your request for payroll inforaatian, but our retention of records schedule on payroll records in seven years and all records prior to 1955 bavo been destroyed* ttafortiaatcly, there are no other records available which vould assist yon in your defense of the claln* Very truly yours, Vallace B* Hofferth Assistant General ibnager Insurance Dcpartacnt L Standard Accident Insurance Compnnv rmoBST CuiM Htiuia CASUALTY . n*t MAAINt . FfOClfTT . $URtY CLAIM DEPARTMENT t SECONO AVENUE. SOUTH MINNEAPOLIS 2. MINN. r*co c Omt co. NMTNvcrrnM uiwim hmiriMvi.) Armstrong Cork Company Home Office Operations : ancaster, Pennsylvania November 9( 1962 Ret 3^-C 3^0383 - Armstrong Cork Company George A. Kingston - 19^-19^7 and 19^9 Gentlemen: ' cf s r Claisii.. Office in Mnneapolis investigation^alleged complaint of silicosis ) suffered by George A. Kingston, who was an employee for the Armstrong Cork Company Minneapolis, Minnesota in 19^-19^7 ana 19^+9* 1 'l<*y jilt* I .v If it is at all possible, our Attorney, who is handling phis Workmen's Compensation yfir* claim in Minnesota, would like to have a copy of the payroll on this employee far all the time that he worked for them, plus the type of work that he did, I know the number of years since this employment, is many, but if you could find any shred of records or evidence on this matter, we would greatly appreciate it. Enclosed for your coiwenience is a self addressed envelope, . ' Thank you very much. Very truly yours, ... ' u.^***^ I Xm /JAKES A. LEAON, uaio Representative JAL/cs end. mstrona COHTRACTIMC AMO $ U * L Y eoMOAATioN TELEPHONE: Cit l.ltTI CAM*mecc it*((T MINNEAPOLIS Ji, MINNESOTA October 29, 1962 Legal Department Secretary's Office Armstrong Cork Company Lancaster, Pennsylvania Dear Mr. Rohlfs: Subject: George A* Kingston, Petitioner Notice of Piling Claim Petition re are enclosing a notice of subject person filing claim petition, Pile No. 112920, Record No. 5355C fron the Industrial Commission of Minnesota and the Employee's Supplemental Claim Petition on the letterhead of Robins, Davis L Lyons, Attorneys, St. Paul, Minnesota. You will note that hr. George A. Kingston, having contracted a disease of asbestosis while in the employ of man*' insulation contractors, has filed a petition on October 16, 1962 the Minnesota Industrial Comission as provided by law. T/fe do not feel that Armstrong Contracting & Supply Corporation is involved in this matter at all, since the dates of employment under the Armstrong Cork Company were 19L6, hi, and u9. A representative of the Standard Accident Insurance Company will be calling on you in the near future to go over this claim petition. Mr. James A. . Leaon, the Minneapolis claim representative for Standard Accident has called on us and told me that he is having a Philadelphia representative trace this alleged employment record back through the Armstrong Cork Company's main office. I told him that the files were most likely destroyed, since we have a seven year policy on such things. Very truly yours. AJMSIRCIB CONTRACTING L SUPPLY CORPORATION PES cc: Fred L. Gardner, Lancaster D. D. Thompson, Seattle R. V. Umbehocker, Branch Manager STATE OF HimSOTA INDUSTRIAL COMMISSION OF MINNESOTA Division of Workmen's Compensation STATE OFFICE IVILDilG, ST. PAUL 1 ie so. 112920 --- 355C ..ord Vn- --- NOTICE OF FILING CLAIM PETITION George A. Kingston Petitioner, Sorinkmann Sons fconst. Co. Ltd. end/or Sprinkmann Sons Coro. 2. F. S. : Comp*--* 3. Hires P-.rt:Tr & Co., Inc. 4. Armstrong Cork Company 5.Asc sulatit . 6- Sunolv Co, 6. A. H. Bennett Company 7* Insulation Services, xVi^..ation" Services , Inc. 6. Asbestos Products, Inc. 9.S rpe Company employers I-utuaifS of TTausau 2. Unknown 3 .^Unknown 4. Standard Accident Unknov.-n 6. a)Central Surety Ins. Coro b)i-^nufacturers Casualty a)Americn Mutual Liability b)Travelers Insurance Co. S. a)Anhhor Cas o:ipany o)bituminous vasuajjBMir^rporation 9* Anchor Casualty Company- 1:82 ABOVE X1VTD Bfl*L0TSl AND INSURER: TOD ARE BEREST NOTIFIED that hereto attached and herewith served upon you is a copy of a petl- filed with the Industrial Com11od of Minn>i>u-on_. October l6 . la ^ vhieb- ,tlon will bs heard by a referee of the Industrial CohIssIod at a tine and place to be hereafter c-d, notice of which hearing will be served upon you, as provided by lav; and YOU ARE FURTHER NOTIFIED that you are required to serve upon the petitioner or bis attorney a . r.fied answer to said petition and to fils the original .thereof with proof of such service within days after the date of this notles. _, The nane and address of the petitioner's attorney Is Robins, Davis & Lvons y: 1 * Ur, ~~ _' St. Paul 1, Minnesota - ted: 8t. Paul, Minnesota, October 18t 1062. INDUSTRIAL COMMISSION OF MINNESOTA, 0^ E. D. McKinnon Secretary. STATE OF MJNVESOTA wuusriaM- coiiur-Mi.i cr ta:;:i"sc.\\ Division of .vorhaea'a Coapeasatioa STATE orncz BUILDING, GAl.NT rAUL l Flie No. 112920 ni'PLGYE'3 StTPPLZLX.VTAL CLAIM PSTTTIOS J\eeord_No, S333C^ ^ w.......^..._.. _ George A* l-licgstea. . ; Employe, -rs ' 1) Spriafcmaaa 3ooa Const. Co. Lid. aad/ar Spriaimaoa does Corp. A33 IdutropoLtaa Landing Minneapolis, i.iaaesota aad/or 330 Minnesota EuUdiag Sadat Paul 1, Mlmesota i- GCTis:::* 1) Employers tduiuais ot V.ausaw ! . F. S. Lamaoa Compaoy 926 Liartracue Arcane O VTlaTrapolia, Liiaacsot* 2) Uakaowa 2) Li3* Dlstlcr A Co., Inc. , 216 North Calvert Street Baltimore 2, Laxyload 3) Unknown r' *> />rai5trc2 Caffe Ccmpaay <233 tliarsl^A Arsaue llioaeapcdis, Minnesota 3) Asbestos Lasulsiiao 4 Supply Co. 310 '.".asniortoo Arssue .Nona "N liioaeapolia, l.ln.rtou I 6) A. H. Deanrtl Compcsy S25 Glenwood Arcaao litnarapalu. AUaaesott 7) Insolation Sarvtwa, lac. and/or Insulation Semen of maa* lac. 310 Zadleoa oo Founa and/or SW New Yorfc Esliding Said Paul, LUnaaaoca 6) A 5^2stoa Products, lac. 710 Ila723ad Arcane Paul, ' + 9) 3alth-Shcrpc Company 117 27li Avcouij 3.L. biiuoespailfi, Minnesota O Stands^ Accidect Insurance Co. 5) Untoown 6) a) Central Surety las. Corp. Cmnft - 2/1/51 - 2/1/35 b) Mirmfscturcrs Casualty Cover*** 2/1/55*2/1/56 7) a) American kiuiml Liability b) Travelers Insurance Co. 8) a) Aachor Casualty Company Cerera^e - 0/30/52 - 6/30/55 b) Bituminous Casually Corpcntloo Coverage - 6/30/55 - 10/25/55 2) Aachor Casual^ Company TO: Tng KOU5TIUAL. COLTTTSSSIO.S OF MINNESOTA Employe above earned lor his supplemental claim petition alleges tly folloiriag lasts: ROliHl, Oavi 4 |ro*S afTMMCTi AT ms IMC4VTA IVAI / I Employe's address is 262? West 70th Street, Minneapolis 23, Minnesota. IX. Each aod every employer named above employed the employe in employ* mem which exposed his to the Inhalation of asbestos dust and silica dust aod the combined employments covered a period of more than tea years. Except for Riggs Dialler L Co., Ine., each of the employers above named were localized in the State of ilinneaota for the purpose of engaging in the commercial application and use of asbestos, asbestos products, fiberglass, rock wool, aod various insulating materials for hot and cold surfaces in connection with the construction of commercial buildings, power bouses, ships, water pipes sad steam pipes. * in. ' ` 'Hie dates of employment aod the amount of earnings of the employe between July 1, 1943, the date of the inception of Minnesota's Occupational Disease Law and October 2, 1959, inclusive, were as follows: Year Employer . Ware Rate /Hr. Wages Total for Yesr 1943 Sprinkmann Sons 1944 Sprinkmann Sons 1945 Sprinkmann Sons F. S. Lamson Co. 1946 F. S. Lamson Co. Riggs Dlstier & Co. Sprinkmann Sons Armstrong Cork Co. 1947 Sprinkmann Sons Armstrong Cork Co. Asbestos Insulation & Supply A. H. Bennett Co. 1946 Sprinkmann Sons 1949 Sprinkmann Sons Armstrong Cork Co. 1950 Sprinkmann Sons 1951 Sprinkmson Sons 1952 Sprinkmann Sons A. H. Bennett Co. laiAMTatw. OaaAfrvata*a ib" 51.75 54410.01 51.75 56315.65 $2.00 51.75 54621.47 5 360.65 51.75 51.75 52.00 51.75 5 149.31 52160.46 5 643.20 5 629.48 52.25 52.00 52.00 52.00 52.50 52320.80 52134.87 5 56.00 5 88.00 56873.40 52.60 52.25 54024.40 5 126.00 52.70 56461.53 53.00 58145.61 53.25 52.70 54681.50 5 75.60 54410.01 56315.65 54982.12 53582.45 54599.67 56873.40 54150.40 66461.53 $8145.61 $4757.10 / Year Ernolover Wage Wa cea Hate/Hr. Total for Year 1953 A. H. Bennett Co. Insulation Services 32.70 32.95 $1811.70 $4205.69 $8017.39 IBM Insulation Services Asbestos Products Smith-Sharpe Co. 33.25 33.25 33.00 $2685.93 $4095.00 $ 134.40 $6915.33 1955 Asbestos Products A. H. Bennett Co. Williams Insulation {Phoenix, Arizona) $3.25 33.00 (3.35 35129.91 $ 187.50 $ 119.50 $5436.51 1956 Martin Pipe & Boiler (Waterloo, Iowa) Western Machinery (Phoenix, Arizona) 33.50 (3.50 $1398.00 . $ 442.00 $1840.00 1957 Western Machinery (Phoenix, Arizona) Owens Coming (Arizona) (3.65 (3.65 ( 965.25 $ 260.25 $1225.50 1956 Western Machinery (Phoenix, Arizona) $3.65 $2646.00 (2646.00 1959 Smith-Sharpe Co. (Belle Plalne, Minnesota) ' $3.86 (1158.10 (1158.10 IV. On the 2nd day of October, 1959, employs. while working at his occupation as ab asbestos worker for the S mith-Sharpe Company la Belle Plaiae, Minnesota, became disabled from tbe occupational disease asbestos!*, and the said employer, Smith-Sharpe Company, was the last employer who employed the employe la the employment to the nature of which the occupational disease of asbertosis was due and contracted. Since October 2, 1959, the employe has been totally disabled from pursuing any occupation which brings him an income by reason of said asbestosis wrf 1q fact permanently and totally disabled. V. . The employer, Smith-Sharpe Company, had due notice and toowledge of employe's disablement within ninety (90) days and said employer, among others, was duly served with a verified claim on or about September 19, 1961. oaiM*. ovia * lONi ,nnm t ... y VI. It is the employe's claim that hi* original disablement from the occupational disease ssbestosls occurred on the 28th day of October, 1855, while la the employ of Asbestos Products, Ine. Is Pine Bend, Minnesota, which disablement totally is* capacitated employe for a period of several months. Employe submitted to a medical eamlsstloa at the request of one of the insurance carriers of Asbestos Products, lac. and was erroneously advised by the doctor for said insurance carrier that his sympton were due to an "allergic asthma" unrelated to his occupation. Employe, sctisg on this information and additional medical advice traveled to , the State of Arisons to obtain relief, but neither medical treatment nor a change of climate for his alleged asthma materially helped hit symptoms, principally shortness of breath, and employe found himself unable to pursue his occupation with sny degree J of regularity. VII. Whereas employe's annual earnings In 1854, the last full year he was eb'* to work st his trade, were In the sum of $6815.33, his earnings following disablement on October 28, 1855, were as follows: . December 1855 $118.50 1856 $1840.00 185? $1225.50 . 1958 . $2646.00 1958 . $1156.10 1960, 1961, 1962 '' None YUL. Following contraction of asbestosis on October 26, 1955, employe was forced to seek medical care and attention, hospitalization and drugs, which to date total the sum of $2033.?5. The employe will be required In the future to expend additional sums of money for drugs and medical care. WHEREFORE, Pursuant to the Occupational Disease provisions of the 1857 Minnesota Workmen's Compensation Act, in particular but not limited to $ 1?6.66{5), this employe petltlona-for an award for the total compensation and medical expenses ROliMt, OaviI * U<r08 VT, PatA I. si*. V. to date duo from Smilh-Sbarpe Company, tbe employer who employed the employe Li the employment to tbe nature of which hi* oeeupotloGal disease i due. If ca tbs erldcae* each disability was contracted while employ* too La the employ* meat erf prior erapioyer or employers, this employe petition* the Industrial Commission to toco astflcleat eetdeace so so to eoable the employer who is made liable for the total claim to be framed an apportionment of such compensation amncj tte eer^rai employers who, sine* tbe contracting of aaid disease, employed this employe la tbe employment to the on lure of which his occupational disease U das* Subscribed and sworn to before me CSftKGS A. Kr.^STOK George A* .>;a;Koa, A*mpioy# *>'l (.etnm^^an Get SC IKS KQBIKS, BAVX5 L LXON9 BT? hHHOLD If. PSLIJS Attorneys tor employs 113Q hliosassota building Salat Pool 1, Uionescta Telephone Ko. CA4-&&44 JtOftJNS* Oaw1 * LvO Ma*ad%rra t? Ur'*:7' * < 7->vV ' ' *. :w. s,. . ... ,. -tt.-x-v -.... * -V * ' *.. ' ...* . . ...* > 2WS^- WJr/-?7i* JjP7*5J9SN-2<CT/'___, . ,, WC7 x2^sc?- ;Vi ; s. tS3 4TZZZ cm3 . 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