Document Dv2Kg611o4GYgXwY4BjK1v7kM

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1984 DOC#: WCC016 DOCUMENT DESCRIPTION: Workers Comp File - Cuthbertson, Jack H Contains all documents found in the Claimant's file, with one blank page between each separate document HERBERT S. JO H N S O N JA M E S E. M IL L E R J O H N J . D A V IS , J R . RAPHAEL SHANNON D IA N B . E M E R S O N LORI A. NORD MCCARTHY, JOHNSON & MILLER A T T O R N E Y S AT LAW 2 2 SECO ND STREET, SEVENTH FLOOR SAN FR A NC ISC O 9 4 1 0 5 <415) 3 6 2 - 0 7 2 6 June 6, 1984 P. H . M CCARTHY, JF (1 9 0 5 -1 9 0 3 1 Dr. Barry Castleman 1722 Linden Avenue Baltimore, Maryland 21217 Re; Jack H, Cuthbertson Dear Barry; You may recall that two of the cases from the files of Armstrong Cork involved the Cuthbertson Brothers, Bob and Jack. Currently, we represent both of them, Bob in connection with a garden variety asbestosis claim, and Jack, regrettably, in connection with a peritoneal mesothelioma, which is progressing extremely rapidly. The California Workers' Compensation Appeals Board has managed to misplace Jack's old Workers' Compensation file. I would very much like to obtain a copy of your copy, if that can be arranged. Needless to say, I would be happy to reimburse you for copying and postage expenses. Thank you for your anticipated cooperation. Best personal regards, JACK CUTHBERTSON vs o PLa NT RUBiiER AND ASBEJi'oS wORKS, a RMS IRONS CORK COMPANY, CORK. CORPORATION, PLANT ASBESTJS CGoiPANY WESTERN ASBESTOS COm Pa NY, J, T fHOHPE AND JON, and TRAVELEKS INSURANCE COMPANY, INDUSTRIAL In DEMNITY COMPANY, STATE CCLiPENJATION INSURANCE FUHD, PACIFIC EMPLOYIONS IWJHANCS CO,, CALIFORNIA CO.iPENSATION INSURANCE CO.* and STANDARD ACCIDENT INSURANCE COMPa N JOSEPH SHEEHAN, REFEREE San Francisco, Sept. 7, 17.55 CLAIi-i WO., I61-S70 Inj. 1944-1954 REPORT OF REFEREE Asbestos worker, 26, claims injury to lung from breathing substances in the course of work harmful to chest and lungs. FACTS IN CONTROVERSY AS TO STATE COMPENSATION INSURANCE FUND: 1. 20 3. 4. 5. b. 7* 3. 9. 10. 11. 12. 13. Occupation Injury. Medical. Medical expense. Earningso Temporary disability. Notice and prejudice. Statute of limitations. Lien of Department of Employment. Lien of Occidental Life. Costs. Estoppel. Jurisdiction. SUMMARY OF TESTIMONY: Applicant testified substantially as follows: While he worked at Western Asbestos his rate of pay was as set forth in the letter of February 14, 1955. His hourly rate was for a 40-hour week. He first worked at Western as a helper. He did work aboard the S. S. Lurline. This work consisted of packing materials from the dock to the ship;, He worked as a helper for three and a half months. The asbestos that he handled during this period of time was in closed cartons. He worked mostly on the dock. He worked for Western Asbestos on the Standard Oil job as a helper. This job consisted of making cork insulation. During the period 1947 to 1956 he handled various materials including asbestos, rock wool, fiber glass and asbestos paper. His job was that of a helper and he would pass these materials to tne mechanics. Some times the air in which he was working was dense. Sometimes he would work in enclosed areas. He worked on the Standard Oil job for three and a half months. On that job he had very little contact with tiie materials of asbestos and rock wool. He also worked on the Union Oil Company job. ,v ' CU THBLiiToOW 2 He worked for Mundet on a job at the Bethlehem yard. This job required him to work mostly on the ships. He also worked at Landing, While he was working at the doss Landing job no was v.i asbestos uprker. He was also known as a mechanic and he would apply the asbestos to pipes and boilers. On this job his clotoes were dusty and he noticed that tue inside of his nose was also aunty. In 1953 he went to Dr, Thompson and Dr. Thompson took x-rays. Dr, Thompson in turn sent him to Dr. Crenshaw. Under Dr. Crenshaw he underwent surgery to obtain a diagnosis. At that time he was having pains. He stopped work on September 30 1953 and was cif work for one month because of tae surgery. The doctor found nothing wrong and the doctor told him to ,3o back to work. He continued working until October 19, 1954, when he nud further surgery on his cnest. Dr. Crenshaw performed this surgery. He has been off work ever since October 19, 1954. He has not returned to his trade. It was on October 22, 1954, that Dr. Crenshaw advised him fcnat his condition was due to his work. The bill for the first surgery was paid half by himself and half by the Occidental Life. The bill for the second surgery is to be paid naif by him and half by tne Occidental Life. Dr. Crenshaw has sent him a bill, but he left the bill home. He worked from July 15, 1955, to August 14* 1955. During this time he earned 45$ a week. At one time in his career he was an able-bodied seaman. He held a card as such for a period of three years, but he v/as not three years on the sea. On October 1 5 s 1954 he gave a work history when he was in the Herrick Memorial Hospital. His work on the Luriine was that of a helper. He would transfer the materials from the dock to the ship. He worked on this job for three or four months. On tne Standard Oil job he would use rock wool and cork. The Luriine job required him to mix wet and dry asbestos. Occasionally he worked aboard ship. His general duties required him to bring the materials aboard. He was just a helper on tne Standard Oil job. He worked about six weeks with tne rock wool. During the last four and a half months he worked for Western he was a journeyman. He does not know whether or not the ships at Bethlehem were new construction. On tnese ships fiber glass was used. He is a journeyman asbestos worker. The job at the ship yard was a rush job and it was Very dusty in the shop at the ship yard, This job mau u h jpeu' ) CUTHBEtiTdON 3 required him to work lo hours a day He was tired after this Job but he had no other complaints. When he worked for Mundet Cork the job was at the Alameda ship yard, On this job he used the tools of an asbestos worker. He worked in asbestos and cork but if was mostly cork. The materials were applied to the ship "Wilson1' and i/arking on this ship required him to work in a dusty place. For Mundet Cork he worked eight hours a day- The job at the Moss Landing was an outside job. He worked in the open air, but it was very dusty. There was no control of the wind. He had no difficulty while working at Moss Landing. He had no complaints regarding his chest wnen he left western Asbestos. After his first surgery he continued under the care of Dr. Crenshaw. Dr. Crenshaw, called by the applicant, testified substantially as follows: Stated his qualifications. The applicant has been under his care since September 22, 1953. a Surgery was performed the second time October IS, 1954. The doctor is of the opinion that the reasonable period of convalescence from this surgery would be four or five months and thereafter the applicant could return to light work. The doctor is of the opinion that the reasonable period of convalescence from this surgery is six months after the surgery. The doctor is of the opinion tnat the applicant is 20 percent disabled at the present time and that trie applicant1s condition will get worse. The applicant needs medical observation, but he does not need any medical treatment. The applicant could go to work now, but the applicant is enjoined from working in asbestos work or doing heavy labor work. The doctor is of the opinion the applicant suffers from asbestosis, and when asked whether or not the applicant also suffered from silicosis, the doctor answered yes and no. It was only after the second-operation that the doctor told the applicant that his condition was connected with his work. Years of exposure to harmful substances can cause the condition from which the applicant suffers. On September 22, 1953 the applicant was complaining of a fight side pleural effusion His condition was diagnosed as non specific thoracis. Following this surgery the doctor ruled at the serious causes of the condition. The fibrosis did not show in the x-rays. It was just prior to or subsequent to the second surgery that he notified the applicant of his opinion that the condition was due to the applicant's work. Possibly it was roughly a week after the second surgery that the doctor so advised the applicant. CUTHBBiiTSOW -4- The doctor does not believe that the applicant could return to work of a seaman. The doctor believes that a seaman's work requires heavy exertion. That the applicant could do general work, except tnab the applicant can not do hard work and he must work in a place chat is free from harmful dust. It is reasonable to expect caat the applicant's capacity to work in the future will be less than it is now. In tne opinion of trie doctor the fibrosis that is present will continue to increase. The doctor came to the conclusion that the work was responsible for the condition because ha found substances of elements used in the work in the lung. There is a possibility that the fiber glass may have caused the disa bility. The present factors of disability in the applicant are shortness of breath and weakness. Continued, to be reset on the first available calendar. JS: jr '.WSW.'P! ir"TT CUTHBERTSON Claim No. SF 161-70 JOSEPH SHEEHAN, REFEREE Oakland 2/17/55 Injury: 1944 - 1954 REPORT OF REFEREE ON ORIGINAL HEARING Asbestos worker (date of birth not alleged) claims injury to lungs from '`breathing substances in course of work harmful to chest and lungs" . ISSUES a S TO INDUSTRIAL INDEMNITY COMPANY 1. Employment. 2. Occupation. 3. Injury. 4. Insurance. 5. Medical expense. 6. Medical. 7. Earnings. 8. Temporary disability. 9. Notice and prejudice. 10. Statute of Limitations. 11. Lien of Department of Employment,. 12. Lien of Occidental Life. 13. Costs. ISSUES AS TO TRAVELERS INSURANCE COMPANY 1. Employment. 2. Occupation. 3. Injury. 4. Insurance. 5. Medical expense. 6. Medical. 7. Earnings. . Temporary disability. 9. Notice and prejudice. 10. Statute of.Limitations. 11. Lien of Department of Employment. 12. Lien of Occidental Life. 13. Costs. ISSUES AS TO STATE COMPENSATION INSURANCE FUND 1* Employment. 2. Occupation. 3. Injury. 4. Medical expense. 5. Medical. 6. Earnings. 7. Temporary disability. 8. Notice and prejudice. 9. Statute of Limitations. 10. Lien of Department of Employment. 11. Lien of Occidental Life. 12. Costs. 13. Insurance. SUMMARY OF TESTIMONY APPLICANT testified substantially as follows: He was born May 4, 192$. He is right-handed. He is an asbestos worker. In 1949 he worked for Westerns Asbestos. He went to work sometime before April, 1949, as a helper. His job was to pack asbestos onto a ship. He worked two or three months. Sometimes he worked below the decks and in the engine room. CTHBEEtTSON 2/17A p -2- Claim No. 161-370 ! \ His work reouired him to pack and mix dry asbestos. His earrtJLugs were about $46.00 a week. On the Standard Oil job he helped with the supplies. He used rock wool and hot tar on this job. He worked in an enclosed area. There were 20 to 30 men working and the ventilation was poor. He worked with asbestos blocks. He worked for Armstrong in 1950 and stopped work in 1953* He started working for Western Asbestos in 1949 and worked about two years. He worked for Plant Asbestos about nine months beginning in 1950. He worked for Western Asbestos in 1940 and 1950. He worked for Plant Asbestos for one week. He worked for Armstrong Cork in 1951* >[cs|s>;< It appeared to this referee that the proper parties defend ant were not before the Commission at this time and the matter was continued, to be reset. Notice was given to counsel for the applicant that in the event that a proper amended application was not on file within a reasonable time the application filed herein would be ordered dis missed without prejudice. It appeared that the testimony of the applicant should be stricken from the record inasmuch as the proper parties defendant were not before the Commission at this time and the testimony was ordered stricken from the record. The matter was continued, to be reset on the first avail able calendar in the event that a proper amended application was on file herein. JS: S JOSEPH SHEEHAN Referee lAVlV-f r t CUTHBERTSON 2/21/56 -5- Claim No. 161-670 The doctor is of the opinion that the applicant first became afflicted with asbestosis in 1953 when the applicant experienced the pain. The onset of the clinical disease occurred in 1953. The doctor believes that each employment should bear an equal share all the way through. Continued exposure increases asbestosis. ROLAND E. MASTERS, called by the defendant, testified sub stantially as follows: He is the office manager of the San Francisco office and of the Marine Department of J. T. Thorpe and Sons. In 1946 and 1949 the company was using asbestos products, which included block insulations, both hot and cold temperatures, pipe coverings and certain cements. He enumerated the content of asbestos in some of the products he used. During those years most of the work was outside work and was new construction. In 194$ and 1949 he received no complaints regarding dusty conditions at the job sites. A helper would usually mix the materials used at the job. One of the samples contained 15 per cent asbestos and another of the samples contained 15 to 20 per cent asbestos. CARL 0. JUST, called by the defendant, testified substan tially as follows: He is a supervisor at Plant Asbestos and has been such for six years. He knows the applicant and knows the employment of the applicant at the plant. The employment consisted of work mostly on new construction. No request was ever made of him for any change in the ven tilation on the job. He received no complaints regarding dust on any job. ALLAN HOLDEN, called by the applicant, testified substan tially as follows: He is employed by the Occidental Life Insurance.Company and the Occidental Life Insurance Company have filed a lien herein in the sum of $591.#7. The following bills make up this item: Bill of Dr. Thompson, 10-9-53, for $30.00; bill of Dr. Crenshaw of 10-9-53 for $220.00; bill of the Blood Bank of 10-16-53 in the sum of $33.25, of which the lien claimant has paid $24.75; the bill of the Herrick Hospital in the sum of $361.07, dated 10-23-53, of which the lien claimant has paid $292.12; the bill of the Peralta Hospital for laboratory examination in the sum of ,,>20.00, dated 10-30-53. The lien claimant has paid hospitalization and medical benefits under their accident and sickness policy. They have also paid $15.00 a week for 47-1/7 weeks. This sum was paid beginning April 5, 1955, to 9-14-55 and the witness corrected this period to be 10-20-54 to 9-14-55. The policy does not cover reimbursement of workmen's com pensation benefits. APPLICANT, recalled, testified substantially as follows: He was born May 4, 192$. In 1953 while he was in the hospital special nurses, were hired for eight shifts at $.00 each and $64.00 was paid by him to the nurses. __ In September, 1954, he incurred the bill of $12.50 at the Herrick Hospital. In January, 1955, _there was a~charge of ;tl>15.00 for aviatoratroTy'trest. " On February 20, 1954, there were laboratory tests and X-ray, for which he was billed the sum of $37.50. CUTHBERTSON 2/21/56 - 6- Claim No. 161-870 DISPOSITION The matter was ordered submitted at the end of 10 days and the case to remain open for said 10 days to permit the filing of the copies of the medical reports of the Department of Employment, together with the hospital record of Herrick Hospital and further medical reports from the applicant; the parties were requested to submit briefs on all of the issues within 20 days. JS: S JOSEPH SHEEHAN Referee !0 '"rSSi 11 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA -- 0-- JACK CUTHBERTSON, ) vs. Applicant, ) CLAIM NO. 161-870 ) WESTERN ASBESTOS COMPANY, PLANT ) ASBESTOS COMPANY, ARMSTRONG CORK COMPANY, J. T. THORPE & SONS, ) STATE COMPENSATION INSURANCE FUND, INDUSTRIAL INDEMNITY COMPANY, ) TRAVELERS INSURANCE COMPANY, STANDARD ACCIDENT INSURANCE COMPANY, ) and PACIFIC EMPLOYERS INSURANCE COMPANY, ) FINDINGS AND AWARD Defendants. ) Application for Hearing having been filed herein, and all parties having appeared or having been duly notified, and the matter having been regularly heard before Referee Joseph Sheehan, and submitted for decision, said Referee now makes his Findings and Award, as follows: FINDINGS OF FACT 1. Jack Cuthbertson, born May 4, 1928, while em ployed as an asbestos worker by Western Asbestos Company, Plant Asbestos Company, Armstrong Cork Company, J. T. Thorpe & Sons, during periods of employment stipulated to by each of the several defendant employers herein, contracted an occupational disease, to wit, a form of pneumoconiosis, namely, asbestosis. 2. The date on which said employee first suffered disability from said occupational disease and either knew, or in the exercise of reasonable diligence should have known, that said disability was caused by his present or prior em ployment, was October 23, 1954. 3. The occupation of the applicant was asbestos worker. 4. At the time of said injury the weekly earnings of the employee were maximum. 5. Employee has incurred expenses for diagnostic treatment beginning October 17, 1954 and thereafter, and said treatment was reasonably required to cure or relieve the effects of said disease. A supplemental award for the amount of such expenses will be made upon the service and filing of a supplemental petition in the event the parties are unable to adjust such expense to their mutual satisfac tion. 6. Employee is in need of further medical treat ment reasonably required to cure or relieve him from the effects of said disease. 7. Said disease caused temporary total disability beginning October 17, 1954, to and including July 14, 1955- 8. Employee's condition is not yet permanent. 9. Statutory notice was given by the employee to Plant Asbestos Company. None of the defendants herein on whom liability is imposed have been prejudiced by the al leged lack of notice. 10. The filing of the Application was timely. 11. Department of Employment, State of California, has paid to the employee unemployment compensation disability i I 1 | benefito in the sum of $970.00 during the period of disa- S 2 | bility found herein. j 3 |j 12. Occidental Life Insurance Company paid no sum 4 jj of money for medical treatment reasonably required to cure j| 5 i] or relieve from the effects of the injury found herein. !j 6| 13* Braployee has incurred costs in the sum o f 7 8 14. The determination of apportionment or contri 9 bution among the several defendant carriers Is deferred. 10 15. It is not true that employee is estopped to 11 assert the claim made herein. 12 16. The Commission does have Jurisdiction f the 13 subject matter of said claim and of each of the defendants 14 upon whom any liability is imposed herein. 15 17. Employee's attorneys, Smith Sc Parrish, have 16 rendered services to the employee in the reasonable value 17 of $300.Of. 18 18. Cork Insulation Company is not a necessary or 19 proper party. 20 19. Plant Rubber & Asbestos Works is not a neces 21 sary or proper party. 22 20. Mundefc Cork Corporation is not a necessary or 23 proper party. 24 AWARD 25 26 AWARD IS MADE in favor of Jack Cuthberteon against si 27 8 State Compensation Insurance Fund, Pacific Employers Insur- |i 28 | ance Company, Standard Accident Insurance Company, Travelers 3 29 jj Insurance Company and Industrial Indemnity Company of reim- jj 30 1 bursement for the reasonable value of medical treatment ob- 5 31 1 tained by the employee on and after October 17, 195^ to and P 32 I including July 14, 1955. -3- 3 1 AWARD IS FURTHER MADE in favor of Jack Cuthbert- 2 son against State Compensation Insurance Fund, Pacific Em 3 ployers Insurance Company, Standard Accident Insurance 4 Company, Travelers Insurance Company and Industrial Indem 5 nity Company of temporary total disability indemnity in the 6 simi of $35*00 a week, beginning October 17, 1954 to and in 7 cluding July 14, 1955. 8 AWARD IS FURTHER MADE in favor of Jack Cuthbert- 9 son against State Compensation Insurance Fund, Pacific Em 10 ployers Insurance Company, Standard Accident Insurance 11 Company, Travelers Insurance Company and Industrial Indem 12 nity Company of reimbursement for the reasonable value of 13 costs incurred by said employee in the sum of $70.00, said 14 costs being payable as follows: $35*00 to Dr. A. R. Thomp 15 son, and $35.00 to Dr. Gerald L. Crenshaw. 16 AWARD IS FURTHER MADE in favor of Jack Cuthbert- 17 son against State Compensation Insurance Fund, Pacific Em 18 ployers Insurance Company, Standard Accident Insurance 19 Company, Travelers Insurance Company and Industrial Indem 20 nity Company of further medical treatment reasonably required 21 iio cure or relieve him from the effects of said disease. 22 IT IS ORDERED that employee's attorneys, Smith & 23 Parrish, be and they hereby are allowed a first lien in the 24 sum of $300.00 against any compensation unpaid and payable 25 herein. 26 IT IS FURTHER ORDERED that Department of Employ 27 ment, State of California, be and it hereby is allowed a 28 second lien in the sum of $970.00 against any compensation 29 unpaid and payable herein. 30 IT IS FURTHER ORDERED that the request of the 31 Department of Employment for an additional lien in the sum 32 of $179*71 be and it hereby is denied. -4- i: I jj 1 jj IT IS FURTHER ORDERED that Cork Insulation Company 2 | be and it hereby is dismissed. 3 jj IT IS FURTHER ORDERED that Mundet Cork Corporation i 4 |] be and it hereby is dismissed. !i!t 5 i! i! j! IT IS FURTHER ORDERED that Plant Rubber & Asbestos 6 |j Works be and it hereby is dismissed, jj 7 jj IT IS FURTHER ORDERED that jurisdiction be and it it M 8 || hereby is reserved to determine apportionment or equitable II 9 jj subrogation on petition properly filed. jj 10 I IT IS FURTHER ORDERED that this Award shall bear 11 jj interest pursuant to the provisions of Section 5800 of the 12 jj !j Labor Code. 13 ii II 14 li 15 1li 16 JOSEPH SHEEHAN, REFEREE 17 INDUSTRIAL ACCIDENT COMMISSION 18 19 !i 20 |JUN 1 1 1956 FILED AND COPY MAILED TO: (JA) jj 21 I Department of Employment, P 0 Box 1857> Oakland 4 jj Occidental Life Insurance Co., 583 Market St., S.F. 4 22 jj Jack Cuthbertson, 2284 Holbrook Drive, Concord jj Smith & Parrish, I6l6 Financial Center Bldg., Oakland 12 23 jj Leonard, Hanna & Brophy, 100 Bush St., S.F. 4 jj Mullen & Filippi, 315 Montgomery St,, S.F. 24 jj Travelers Insurance Company, Latham Square Bldg., Oakland jj Industrial Indemnity Company, 350 Sansome St., S.F. 4 25 jj State Compensation Insurance Fund, 450 McAllister St., S.F. 1 jj Pacific Employers Insurance Company, 3770 Piedmont Ave,Oakland 26 jj Standard Accident Insurance Company, c/o Leonard, Hanna & I Brophy, 100 Bush St., S.F. 27 jj Plant Rubber and Asbestos Works, 5309 Horton St., Emeryville Armstrong Cork Company, 1355 Market St., S.F. 28 Mundet Cork Corporation, 440 Brannan St., S.F. Plant Asbestos Company, 5309 Horton St., Emeryville 29 Western Asbestos Company, 675 Townsend St., S.F. 3 J. T. Thorpe & Sons, Emeryville 30 31 32 -5- CUTHBERTSON Claim No. 3F l6l-870 Injury: JOSEPH SHEEHAN, REFEREE MAY 14, 1956 REPORT OF RliPEREE ON DECISION 1944 - 1954 Alleged asbestos worker, born May 4, 1 9 2 8 , claj.ru? Injury to lungs from "breathing substances in course of work hansr'i L to chest and lungs." The proper names of t h e defeE .idan.ts hare been oS-o Ad in this report, as follows; Western Asbestos CompanyState Compensation Insurance Fund Plant Asbestos Company Industrial Indemnity Company Armstrong Cork Company Travelers Insurance CompanyStandard Accident Company Occidental Life Insurance Co. State of California- Department of Employment Pacific Employers Insurance Co, J . T Thorpe & Sons Mundet Cork Corporation Cork Insulation Company Plant Rubber & Asbestos Works Western, f ur..d Plant Indus trial Armstrong T 1-ave lare faandari Occidental Lopartmvnt Pi TI.cupa Mandet Co:? k F j ftitbac* In the application it is alleged that applicant '..as em ployed by Mundet, as follows: "1948 - in February, Marco, April and H a y , approximately 4 months (4) Mundet never appeared in this matter. Ho appearance was made for it. No proof of proper service was mode. The letter of Mundet of 2-16-56 was filed in answer to a subpoena of the Commis sion. During the time applicant worked for Mundet he tased strictly cork. (Testimony of applicant.) Applicant`s counsel has assured the Commission that "we are not going to proceed against Mundet Cork or Cork Insulation," (Transcript p. 46). Mundet should be dismissed forthwith. (Rule 10775 and I782). Employment with Cork is alleged to have been: "Cork Insulation Co., San Francisco, Cal. 1949 ~ February to April, approximately 2 months." Cork made no appearance herein. Applicants counsel has submitted no proof of proper service. His assurances (transcript p. 46) constitute a request for dismissal of Cork. Cork should be dismissed forthwith. (Rule 10775 and 10782), The Application, filed March 8, 1955 alleges: "Original employment, Plant Rubber & Asbestos Works, San Francisco, Calif. 1944 - February 26th to June 12th, approximately 3-1/2 months." Apparently purported service on this defendant Evas made at "Plant Rubber & Asbestos Works, 5309 Horton Street, Emeryville, Calif." CUTHBERTSON Claim No. 161-870 -2- SUMMARY OF TESTIMONY 2-20-56 HERBERT E. SIMONS, called by the defendant State Compensa tion Insurance Fund, testified substantially as follows: He is employed as Safety and Transportation Supervisor at the Western Asbestos. The record at the plant shows that the appli cant worked at the plant from April, 1947, to July, 1950. The applicant handled asbestos and other materials used at the plant. A list of ingredients of the products used is contained in the insulation list. He prepared this list from the samples sub mitted to him by the manufacturers. The same material was used in 1947 and 1948. JACK CUTHBERTSON, recalled, testified substantially as follows: He worked for J. T. Thorpe and Son beginning in August, 1948 to 1949. It was outside work on a power house. He applied asbestos blocks to the boiler. It was quite dusty and windy. The boiler was located in the open. He did not become ill on this job. He was a mechanic or insulator on this job. All of the men on the job were using the same insulation. It was dry material. The first application would be dry and the second application would be wet. Magnesium blocks were handled about 85 per cent of the time. He handled dry asbestos blocks about 80 per cent of the time. The magnesium blocks contained magnesium, 85 per cent, and asbestos, 15 per cent. After handling the magnesium blocks he would apply a wet coating. This coating material was handled like plaster. He also worked for J. T. Thorpe in 1953, that is, from September 1, 1953, to October 23, 1953* Beginning September 28, 1953, he was off work for a month while he was in the hospital. Just prior to going to the hospital he was working for Armstrong Cork. On further ouestioning he said he worked for J. T. Thorpe and Son from May 9, 1952, to June 2, 1952. During this time he handled asbestos covering and various asbestos products. While he was working at Hunters Point the boiler was in the open air. You could see particles of asbestos dust. No notice was given to Pacific Employers or to J. T. Thorpe and Son. Neither of them have made any promises of compensation to him and neither of them have made any payments of compensation. He went to the hospital in September, 1953, following the directions of Dr. Crenshaw. Two weeks prior to going to the hospital he'd been under Dr. Crenshaw1s care. Dr. Crenshaw did not tell him what was wrong with him. Dr. Crenshaw has continued to give him treatment. When he first saw Dr. Crenshaw Dr. Crenshaw could not tell him what was wrong and he believes that the doctors were look ing for cancer at that time. He remained for two weeks in the hos pital. He first learned about his condition about six days after October 6, 1954. He knew about the theory of asbestos becoming lodged in the lungs. He first learned about this theory seven or eight years ago when he first took up the trade. He had no cough before the first operation. He had severe pains behind his left shoulder and these pains led him to see another doctor. He has never been called by the draft. He was in the M e r chant Marine in 1944 to 1946. He was in asbestos work prior to 1944. He was a helper at that time. They did not make any X-ray examination of him while he was in the service. CUTHBERTSON Claim No. 161-370 -3- 2/20/56 He drew the maximum amount of benefits from the State. These benefits covered all of the time he was off work because of his disability. He drew $35.00 from the State and $15.00 from Occi dental for each week he was off. The two payments together, being V50.00 a week, were paid to him during the entire period he was off work. He returned to work on September 13, 1955. (It was stipulated that Travelers Insurance Company had coverage for Armstrong Cork from January 1, 1952, until the present time and that Standard Accident had coverage for the period begin ning January 1, 1949, to December 31, 1951. It was likewise stipu lated the applicant worked for Armstrong Cork for different periods totaling approximately 191 weeks beginning in September, 1949.) He worked for Armstrong Cork for about two weeks in 1949, that is, from September to October. In this job he used only cork board and hot tar. He worked for Armstrong Cork from September 6, 1950, to 1954 He was an insulating mechanic. He used asbestos pipe cover ing, asbestos blocks, various foims of asbestos, rock wool and cork board on the job. The dry asbestos came in hundred pound sacks. It was the job of a helper to mix this dry asbestos. 35 per cent of the time the applicant mixed his own dry asbestos. The asbestos blocks were installed on boilers. He had no helper and there was heavy dust on the job. He has worked in the asbestos trade for a period of about eight years and during this time has worked for six or seven compa nies. On all these jobs he did not use the same materials. While he worked for Mundet he used strictly cork. Samples which have been introduced were similar to those that he used while working for Armstrong. He used the same type of material for Plant Asbestos, J. T. Thorpe and for Western. He is a union man and most of the jobs are the same. They used the same materials on the jobs. It is asbestos or asbestos products. On all these jobs he had windy days. On some of the jobs the ventilation was poor. On others the dust just hung in the air. The dust was worse on windy days. All through the different jobs the same exposure occurred. Some of the Armstrong jobs were all cork jobs. Generally speaking, the materials used and the amount of dust produced was the same for all his employers. He was hospitalized in September, 1953, and prior to that time he made no request for compensation of Armstrong, Standard or Travelers. At the present time he has still complaints regarding pains in the chest, tiredness in the arms. After a day's work he has to go to bed after dinner. The scars in his chest give him sharp pains at times. The adhesions around the scars hurt more in cold weather than warm weather. It is an effort for him to go up ladders. He is still going to Dr. Crenshaw. He feels better than he did at the time of the last hearing. At night he has a tired feeling. It is an exhausted feeling. It is hard for him to keep his average up while working in the after noon. On July 15, 1955, he went to work for a foundry and t h i s _ work reouired him to shovel sand all day long. He worked at this job from July 15, 1955, to August 14, 1955, and thereafter he was off work until September 13, 1955. He gave this work up on August 1 4 s 1955, because he did not continue doing the work. After August 14, 1955, he listed himself as available for work after about two weeks. regards Plant Asbestos, it was stipulated that the rortma'pv had rnvsrspfi t o m Ortob^r-,,1-- 1OKI-- CUTHBEh TSN 2/20/56 -4- Claim No. I6I-87O It was stipulated that the Industrial Indemnity Company had coverage for Plant Asbestos for the period beginning July 1, 1954, to October 17, 1954, and it was also stipulated that appli cant worked at the plant during that period.) While working for Plant Asbestos he used heat and frost insulations. He worked as a mechanic applying these products which were made from asbestos products. From July, 1954, to October, 1954, he did mostly little jobs. He handled asbestos products during this time. They had to mix the products themselves. It was dusty. It was very dusty while they were mixing. The job at Mare Island during this time they had to work in a trench, and the material was on top of the trench. The wind would blow the material at him. On October 17, 1954, he stopped work because he was wheezing and subsequently he went to surgery. The first notice he gave to Plant Asbestos was about a week and a half after leaving the hospital. His attorney told him that he had to notify his employer. Plant Asbestos or Pacific Employers or Industrial Indem nity or any of them have made no promises or payments of compensa tion to him. He has received payments of disability benefits during the entire period he was off. He drew disability from the State for the maximum amount. He received no benefits after leaving the job he had at the foundry. The majority of all his work was new work. He did not receive benefits for all the time he lost from work. >!>!< A recess was taken in this matter until 9:00 A.M. tomorrow, February 21, 1956. The matter came on regularly for further hearing on February 21 at 9:00 A.M. SUMMARY OF TESTIMONY SIDNEY J. SHIPMAN, M.D., called by the defendants, testi fied substantially as follows: 1955. He saw the applicant on one occasion, that is, on June 15, His diagnosis was asbestosis or pneumoconiosis caused by asbestosis. This results from an exposure to asbestosis dust. As to the degree of disability seen in the applicant on June 15, 1955, he said that his chest was normal to examination. However, an examination at U. C. Hospital showed that the oxygen saturation of the blood was slightly low. The doctor believes that the applicant is able to work at the present time. He cannot give a probable prognosis. He cannot say the condition will become worse or better or remain the same. The applicant should have a periodical check by the doc tor. The applicant is able to resume normal activity. The oxygen saturation test showed that the oxygen was not absorbed by the blood like the oxygen should be absorbed. Thore is. pnmo --i-mm ^ --- J " T 1n"'" CUTHBERSON "2- Cialf Mo. I h l - o ' f O Mo showing has been made (lit the ncidres-.,; of uhl-s de fendant is at bmeryville. Jurisdiction over ths defendant is not shown by the record. Plant Rubber a As uestes boras ah-ould be dismissed. (Rule 10775 and 9745) Appi .cant has olsccod not to proceed against this defendant. One or wore of the other defenoant... h-'ve vse. at teen issues herein, `hese issues are: ven 1. Jui'iad!otion 2 . Employment 3 . Occupation 4. Injury 5. Inauranee 6 . Medleal expense 7 . Medical 0. Earninga 9. Permanent 10. Temporary 1 1 . Notice and prejudice 12. Statute of Limitations 13. Department of Empio,yment iU.-u 14. Occidental Life last:ronco ho. 1 ..on 1 5 . Costs 16 . Apportionment 1 7 . Estoppel Only Fund has ralo od the -'.a:,co 0; osvo.vvj. ,ei x'o. Fund has advised that this Issue ;.s .!ire i,- iv: . rs;y ;-,v . The issue is the name as notice and ],*'Wfj , * tue bo: coo.., not require the impossible of nn api...Ucmi;, fa be.i.: in cut r rs.vrd exists for finding estoppel on the eart, -u' tso yell cant Industrial has put in i.v-stie ...-.sJ01u.COtt 'Vu.. ...luu"nive. It has disposed of these Isauce by cf.'.pr'iave.Vii. in vi en? of the stipulations, no findings on these issue ; nrs; no vs ;cry . (Idle 10744). Industrial and Fluid have put in 1.r .ISO earnings and. oe.cu- patn. The answer of the Fund admits fiiaxlnium wages and the oc cupation of asbestos vjorker. While working for Industrial *a assured (Plant) on October 17i 1954, applicant received maximum earnings (stipulated) and his occupation was asbestos worker (stipulated). Fund's a>ssured, Western, paid applicant wages of $100.00 a week. (Applicant's testimony). The entire record compels the finding of asbestos worker as the occupation of the applicant, and maximum earnings. Fund, Thorpe, Plant, and PE, as to themselves, question the jurisdiction of the Commission. By its answer. Fund relies on the defense that maritime injuries are beyond the jurisdiction of the Commission. The evidence falls to support the position taken by these four defendants on this issue. In holding that the Com mission does have jurisdiction, uniformity of the maritime law is not disturbed. Work done by this employee tas not of maritime Import since the transaction was of local concern and not prejudicial to uniform application of admiralty law. CUTHBERTSON -4- . O laia No. 161-370 The request filed 4-22-55 is for $1*149.71. This amount consists of two parts: (1 ) $35 a week from 10-18-54 thru 4-17-55 -- $910 plus $60 Hospital benefits, and (2 ) $30 a week from 9-26-53 thru I>-24--53 -$115.71 plus $64 (8 days ho bvvLtal benef'lto ) A lien for $970 should be allowed 00 the Department the Department's request for the additional $179.?'l should be nied. No recovery can be had for this additional ra/ncni;., the being properly payable to the employee under the unemployment surance code. and de same in Applicant's counsel contends t:thaJ he is on titled u- l-g - imbursement and payment of medical expense.!> (factor of Mr. -math 3-5-56}. He argues that Slraien case (21 GCC TO) :>c soitfcroil.'n;-.;. Beginning October 17? 1954 applicant obtained diagnostic treatment which was successful and led to i..-c diagnosis? namelj * asbestosis. If follows ha is entitled to recover:./ of eeh reac.en- able expense as was necessary to enable lio doctor and the dofondants* doctors to properly diagnose the eaivso of the i ability. The evidence as to the exact amount of the expenso n; vague and indefinite. This referee is unable to hpeculate na to the true total. Applicant'c counsel sent to the Coafi-aiseioii come exhibits attached to la letter- of Fobxnir.ry 29* 15r6. Tnono ex hibits were never properly introduced no evidence. (Trr.naciipfe, page 86). A detersidnatilon of the exact amount of i'iec.i.oc.1 expense will be made upon the service and tiling of a proper petition in the event the parties., are unable to ad .lust this among themselves, The evidence allow** -and standard practice permits, only a general finding. Applicant has reasonably incurred costs in toe sum of $70.00. (Exhibit A-2). As reflected by this record, applicant's attorneys have rendered services to the employee in the reasonable value of $ 300.00. Apportionment or contribution of a defendant carrier is properly the subject matter of a supplemental petition. FINDINGS OF FACT 1. Jack Cuthbertson, born May 4, 1923? while employed as an asbestos worker by Western, Plant, Armstrong, Thorpe, during periods of employment stipulated to by each of the several defen dant employers herein, contracted an occupational disease? to wit, a form of pneumoconiosis, namely, asbestosis, 2. The date upon which said employee first suffered dis ability from said occupational disease and either know, or in the exercise of reasonable diligence should have known, that said dis ability was caused by hia present or prior employment, was October 23? 1954. 3 . The occupation of the applicant was asbestos worker. CUTHBERTSON -5- Claim llo. 161-870 4. At the time of said injury the weekly earn_ngs of employee were maximum. 5. Employee has incurred expenses for diagnostic treatment beginning October 17* 1954 and thereafter, and said treatment was reasonably required to cure or relieve the effects of said disease. A supplemental award for the am-.unt of such expenses will be made upon the service and fxl..ng of a supplemental petition in the vent the parties are unable to adjust such expense to their mutual satisfaction. 6 . Employee is in need of further mod a cal iron ioenL reasonably required to cure or relieve from the e f f c c of said disease. 7. Said disease caused temporary total cli-.-b.'.1 '.ig beginning October 1 7 , 1954, to and Including duly 3.4.. lit 8. Employee*s condition is not yet permanent. 9. Statutory notice xm.a given by the cm*io,. ce to Plant. Rone of the defendants her<n on tvii'.'m I ;.oui.l;' la Imposed have been prejudiced by the alleged lack c-; , 10 . The filing of the Applies it,-n , time ip. 1 1 . Department lias pc,id to ewplo; eo ;;xvs..pi.<..M..onl ;cr.pensation disability benefits in the ;.x,u of .y o . c.-y..1 .; i.ce period of disability foi'nd herein. 12. Occidental paid no sum er moiicf far Hot*..../.-'! xrevtment reasonably required to cure or rel'.cve from li#o o, fa_.x., oi injury found herein. 13. Employee has incurred costs .ui Uie ..cm of l"p.30. 14. The determination of apportionment or contra but.ion among the several defendant carriers Is deferred. 15. It is not true that employee Is estopped, to assert the claim made herein. 16. The Commission does have jurisdiction of the sub ject matter of said claim and of each of the defendants upon whom any liability is imposed herein, 17. As reflected by this record, employee's attorneys have rendered services to employee in the reasonable value of $ 300.00. 18. Cork is not a necessary or proper party. 19. Plant Rubber Is not a necessary or proper party. 20. Mundet Is not a necessary or proper party. CONCLUSIONS OF LAW Employee is entitled to a joint and several award against Fund, PE, Standard, Travelers, Industrial, of: The reasonable value of medical treatment obtained by the employee on and after October 17, 1954 to and including July 14, 1955. and CUTHBERTSON Claim Ho. 161-870 Temporary total disability indemnity at maximum rate beginning October 17j> 1954 to and including July 14, 1955, and Costs in the sum of $70.00, said sum being, payable $35*00 to Dr. Thompson and $35.00 to Dr. Crenshaw, and Further medical treatment reasonably requirad to cure or relieve from the effects of said disease. Employee's attorneys are entitled to a first lien in the sum of $300.00. Department Is entitled to a second lien In tne sum of $970.00. Request of Department for additional lien of $179.7.1 should toe denied. Cork, Mundet, Plant Rubber should toe dismissed Jurisdiction is reserved to determine apportionment or equitable subrogation on petition properly filed. JS: ja JOSEPH SHEEHAN Referee // 3. Injury. 4. Insurance. 5. Medical expense. 6. Medical. 7. Earnings. Temporary disability. ilto -- a n A iT.ldj CP 1 !! 1 2 It 1* 1 tt 3 ii is * 4 ii 1 jj 5 !! f 6 ii j It it 7 I! ** 8 j Hailed From Sdii fr^nciicn Office j. ! Industrial Accicbn! Con;v,:c:iart Sfate cf Califerr. ,, BEFORE THE INDUSTRIAL ACCIDENT COMMISSION 9 s* It 10 It JJ OF THE STATE OF CALIFORNIA -- 0- - 11 :i JACK CUTHBERTSON, ; r* 12 :> tt 13 vs. Applicant, CLAIM NO. 161-870 14 :i WESTERN ASBESTOS COMPANY, PLANT ASBESTOS COMPANY, ARMSTRONG CORK 15 1 COMPANY, J. T. THORPE & SONS, it' STATE COMPENSATION INSURANCE FUND, 16 ii INDUSTRIAL INDEMNITY COMPANY, !1i TRAVELERS INSURANCE COMPANY, 17 tt STANDARD ACCIDENT INSURANCE COMPANY, tt and PACIFIC EMPLOYERS INSURANCE ORDER DENYING PETITIONS FOR RECONSIDERATION 18 1 COMPANY, t! tt 19 1 it ii ) Defendants. ) 20 ii _____ .____________ _____________________ ) ii 21 ii :i ;t GOOD CAUSE APPEARING THEREFOR: 22 jj it tt IT IS HEREBY ORDERED that applicant's Petition for tt 23 1 Reconsideration, filed herein June 29, 1956, be and it hereby at 24 It jj is denied. ii 25 St IT IS FURTHER ORDERED that Pacific Employers In 26 ii surance Company's Petition for Reconsideration, filed herein - 4' ;i 27 IS July 2, 1956, be and it hereby is denied. 28 jj 29 tt It it it 30 it It 31 32 Ij jj * jj 1 it INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA FVA.Lawreno John J Synon Commissioners JACK CU ' h'.RToON July 2`i , 1.0' v, WESTERN ASBESTOS COMI aN p l a n t a u r s t g e COME ri R ARMSTRONG CO!-;' CGMEAil:' J , T 'jKO I.?}'; A. i.O'OM I..V COMIENlO.r I OH IN E UMANO'-: FUND ,`f MFJ3TR F.AX IN D iE K T Y COMPANY T R A V EL! US .TIRO COMPANY STANlJAPl) AO :: If .ST INSURANCE C C R R iIR i . r i P C l EM PLOYER; I K SU Alici. C -fj 'All Claim No. ?.6i-5!7`.) >tEPC-RT OF EANEL ONE The ree": sustain e the Findings am' Ai. -'-`C 111l:; June li... The Peti5ions tor Reconsideration should therefore be denied. INDUSTRIAL ACCIDENT COMICI Sl ON OF THE STATE OF CALIFOEHIA F.A.Lawrence John J.Synon a:k tfornraissiooei* s CUTHBERTSON Claim No. 161-870 JOSEPH SHEEHAN, Referee JULY 10, 1956 Injury: 19 4 4 . 1 9 5 4 REPORT OF REFEREE ON PETITIONS FOR RECONSIDERATION _____i2uei_Jul_22jlJ ;256_J______ This is the claim of an asbestos worker, 26, who claims injury to lungs from "breathing substances in course of work harmful to chest and lungs." One or more of the defendants have raised herein seventeen issues. Findings were made on all issues presented, and said findings are contained In the Findings and Award, filed herein June 11, 1956. On June 29, 1956 the employee filed herein his Petition for Reconsideration, and alleged that the Commission acted in excess of its powers, the evidence does not justify the findings of fact, and the findings of fact do not support the award. The employee objects to the finding that he first suffered disability on October 23, 195**, and he contends he is entitled to temporary disability indemnity for approxi mately one month in 1953, together with the expense of medical treatment procured by him in the year 1953* One of the defendants, to wit: Pacific Employers Insurance Company, has filed herein its Petition for Recon sideration. This carrier wants the petition to be considered as an Answer to the applicant's petition and also as a Peti tion for Reconsideration. The carrier's petition is directed to the imposition of liability for temporary disability indemnity, and medical expense prior to October 23, 195** and subsequent to October 17, 195**. The carrier contends there was no obligation to the employee prior to the date of the injury, which was found to be October 23, 195**. The employee entered the'hospital on October 17, 1954, and left the hospital on October 23, 195**. It was during this period of hospitalization that the diagnostic treatment was successful and resulted in the diagnosis of asbesto8is. In 1953 the employee consulted his own doctor, who hospitalized him for diagnostic treatment in the same year. This diagnostic treatment was not successful and failed to furnish any basis for a diagnosis. 32 Commissioners JACK CUTUBERT3QN July 19 ;>6 Vo WESTERN ASBKCTON COMFaN , PLANT ASBESTOS COMP AN ARMSTRONG CORK COMPAUiE, J, T THORPE & POOS, ST -TE COMPENSATION INSURANCE FUND, I1N.FJ3TM A,I INDF.HN TY COMPANY, TRAVELERS IOBI),-ANGO COMPANY', STANDARD AGOil).NT INSURANCE COMPANY ani P, Cl PIC EMPLOYEES IKGU ;AIIGL CoM'aNY Claim No. l6;uG?;) REPORT OF PANEL ONE The record1 sustains the Findings and Award fileo June1 1.1, 1956o The Petitions tor Reconsideration should therefore be denied c. INDUSTRIAL ACCIDENT CQM'CISoX IN OF THE STATE OF CALIFOii.NIA F.ALawrence ----------1lTr~ 1~~ --I 1 ' '1 1'' --****'-- * * --'* " ' *' /3JiaO John J.Synon ask 0 oraraiiiioile r 5 CUTHBERTSON Claim No. 161-870 JOSEPH SHEEHAN, Referee JULY 10, 1956 Injury: 1944 - 19 54 REPORT OF REFEREE ON PETITIONS FOR RECONSIDERATION _____i 2 H S i _ J u i ^ 2 ^ 2 2 5 i J _____ This is the claim of an asbestos worker, 26, who claims injury to lungs from "breathing substances in course of work harmful to chest and lungs." One or more of the defendants have raised herein seventeen issues. Findings were made on all issues presented, and said findings are contained In the Findings and Award, filed herein June 11, 1956. On June 29, 1956 the employee filed herein his Petition for Reconsideration, and alleged that the Commission acted in excess of its powers, the evidence does not justify the findings of fact, and the findings of fact do not support the award. The employee objects to the finding that he first suffered disability on October 23, 1954, and he contends he is entitled to temporary disability indemnity for approxi mately one month in 1953, together with the expense of medical treatment procured by him in the year 1953. One of the defendants, to wit: Pacific Employers Insurance Company, has filed herein its Petition for Recon sideration. This carrier wants the petition to be considered as an Answer to the applicant's petition and also as a Peti tion for Reconsideration. The carrier's petition Is directed to the imposition of liability for temporary disability indemnity, and medical expense prior to October 23, 1954 and subsequent to October 17, 1954. The carrier contends there was no obligation to the employee prior to the date of the injury, which was found to be October 23, 1954. The employee entered the hospital on October 17, 1954, and left the hospital on October 23, 1954. It was during this period of hospitalization that the diagnostic treatment was successful and resulted in the diagnosis of asbestosis. In 1953 the employee consulted his own doctor, who hospitalized him for diagnostic treatment in the same year. This diagnostic treatment was not successful and failed to furnish any basis for a diagnosis. J \ ~ The carrier contends that no liability may be imposed upon it prior to the time that the employee had disability, and either knew or in the exercise of reason able diligence should have known that the disability was cued by his work. This Referee recommends that applicant's petition be denied, and also that the carrier's petition be denied. Applicant relies upon the Simien case (Simien vs I.A.C., 21 CCC 10) as authority for the imposition of liability on the defendants herein for the diagnostic treat ment which was unsuccessful. The holding in the Simien case is not authority for imposing any liability on a carrier for medical treatment which has been unsuccessful. Simien re ceived medical treatment which successfully relieved and cured from the effects of the injury. t in the instant case the diagnostic treatment secured by the employee in 1953 was unsuccessful, and it was obtained by the employee at his peril. It would be unreasonable to assess liability for this treatment against any of the defenl dants herein. l The successful diagnostic treatment which was secured by the employee 7 days before he was informed of the work connection of his disability has reasonably resulted in an obligation of the defendants herein. The carrier has also urged other points, such as dismissal of unnecessary parties, and lack of cross-examination of some employments not herein specifically involved. It is not true that the defendants, or any of them, have been denied an opportunity to cross-examine the appli cant in any particular. Furthermore, this particular carrier may file a proper petition for contribution or subrogation just as soon as it pays more than its just share of the award herein. Submitted herewith is appropriate order denying applicant's Petition for Reconsideration. Also submitted herewith is appropriate order deny ing the Pacific Employers Insurance Company's Petition for Reconsideration. JS: ja JOSEPH SHEEHAN Referee -2 - JACK CUTHBERT3N vs. PLANT RUBBER AND ASBESTOS iftORKS, ARMSTRONG CORK COMPANY, MJNDGNT CORK CORPORATION, P L aNT ASESTj S COMPANY, WESTERN ASBESTOS CmPAiMY, J. T,, THORPE AND GON, and TRAVELERS INSURANCE Ca-iPANY. INDUGXh IAL INDEMNITY COMPANY, STATE COMPENSATION INSURANCE FUND, PACIFIC EMPLOYERS XWJUHANCS GO, CALIFORNIA CO. iPENSATIOd In SURa NCE CO., and STANDARD ACCIDENT INSURANCE COMPANY JOSEPH SHEEHAN, REFEREE San Francisco, Sept. 7, 1955 CLAIi-i NO.. 161-370 Inj. 1944-1954 REPORT OF R EFER EE Asbestos worker, 2i>. claims injury to lung from breathing substances in the course of work harmful to chest and lungs. FACTS IN CONTROVERSY AS TO STATE COiiPENSA TlUn INSURANCE FUND: 1. Occupation. 2 o Injury. 3. Medical. 4. Medical expense. 5. Earnings . 0. Temporary disability. 7. Notice and prejudice. 1. Statute of limitations. 9. Lien of Department of Employment. 10. Lien of Occidental Life. 11. Costs. 12. Estoppel. 13. Jurisdiction. SUMMARY OF TESTIMONY: Applicant testified substantially as follows: < While he worked at Western Asbestos his rate of pay was as set forth in the letter of February 14, 1955* His hourly rate was for a 40-hour week. He first worked at Western as a helper. He did work aboard the 3. 3. Lurline. This work consisted of packing materials from the dock to the ship. He worked as a helper for three and a half months. The asbestos that he handled during this period of time was in closed cartons. He worked mostly on the dock. He worked for Western Asbestos on the Standard Oil job as a helper. This job consisted of making cork insulation. During the period 1947 to 1950 He handled various materials including asbestos, rock wool, fiber glass and asbestos paper. His job was that of a helper and he would pass these materials to tne mechanics. Some times the air in which he was working was dense. Sometimes he would work in enclosed areas. He worked on the Standard Oil job for three and a half months. On that job ne had very little contact with tne materials of asbestos and rock wool. He also worked on the Union Oil Company job. Tff" ' 'V CUTHBLiiToON ! i - 2- He worked for Mundet on a job at tae Bethlehem yard, This j go required him to work mostly on the ships. He also v/crkeci at oss Landing. vtfhile he was working at the Moss Landing job no wa.,, :.n asbestos w ^ ker. He was also known as a mechanic and he would apply the asbestos to pipes and boilers. On this job his olotass were dusty and he noticed tnat toe inside of his nose was also eusty. In 1953 he went to Dr. Thompson and Dr. Thompson took x-rays. Dr.. Thompson in turn sent him to Dr*. Crenshaw. Under Dr. Crenshaw he underwent surgery to obtain a diagnosis. At tnat time he was having pains* He stopped work on September 30, 1953, and was off work Lor one month because of tne surgery* The doctor found nothing wrong and the doctor told him to _3o bacx to work. He continued working until October 19, 1954, when he naa further surgery on his cnest. Dr. Crenshaw performed this surgery. He has been off worx ever since October 19, 1954 Ho has not returned to his trade. It was on October 22, 1954, that Dr. Crenshaw advised him tnat nis condition was due to his work. The bill for the first surgery was paid half by himself and half by the Occidental Life. The bill for the second surgery is to be paid naif by him and half by tne Occidental Life. Dr. Crenshaw has sent him a bill, but he left the bill home. He worked from July 1$, 1955, to August 14, 1955. During this time he earned 353 a week. At one time in his career he was an able-bodied seaman. He held a card as such for a period of three years, but he v/as not three years on the sea. On October 15, 1954, he gave a work history when he was in the Herrick Memorial Hospital. His work on the Lurline was that of a helper. He would transfer the materials from the dock to tne ship. He worked on this job for three or four months* On tne Standard Oil job he would use rock wool and cork. The Lurline job required him to mix wet and dry asbestos. Occasionally he worked aboard ship. His general duties required him to bring the materials aboard. He was just a helper on tne Standard Oil job. He worked about six weexs with tne rocx wool. During the last four and a half months he worked for western he was a journeyman. He does not know whether or not the ships at Bethlehem were new construction. On tnese ships fiber glass was used. He is a journeyman asbestos worker. The job at the ship yard was a rush job and is was very dusty in the shop at the ship yard. This job t .% *Vg ...... " * ' T**- - - n s ; . ; CUfHBiSrtXSON required him to work lo hours a day. He was tired after this jot but he had no other complaints. When he worked for Mundet Cork the job was at the Alameda ship yard. On this job he used the tools of an asbestos worker. He worked in asbestos and cork but it was mostly cork. The materials were applied to the ship "Wilson" and working on this ship required him to work in a dusty place. For Mundet Cork he worked eight hours a day. The job at the moss Landing was an outside job. lie worked in the open air, but it was very dusty. There was no control of the wind. He had no difficulty while working at rloss Landing. He had no complaints regarding his cheat wneri he left ..estern Asbestos. After his first surgery he continued under the care of Ur. Crenshaw. Dr. Crenshaw, called by the applicant, testified substantially as follows: Stated his qualifications. The applicant has been under his care since bepteiaber 22, 1953* 'A Surgery was performed the second time October IS, 1954. The doctor is of the opinion that the reasonable period of convalescence from this surgery would be four or five months and thereafter the applicant could return to light work. The doctor is of the opinion that the reasonable period of convalescence from this surgery is six months after the surgery. The doctor is of the opinion that the applicant is 20 percent disabled at the present time and that tne applicant's condition will get worse. The applicant need3 medical observation, but he does not need any medical treatment. The applicant could go to work now, but the applicant is enjoined from working in asbestos work or doing heavy labor work. The doctir is of the opinion the applicant suffers from asbestosis, and when asked whether or not the applicant also suffered from silicosis, the doctor answered yes and no. It was only after the second operation that the doctor told the applicant that his condition was connected with his work. Years of exposure to harmful substances can cause the condition from which the applicant suffers. On September 22, 1953 the applicant was complaining of a fight side pleural effusion. His condition was diagnosed as non specific thoracis. Following this surgery the doctor ruled at the serious causes of the condition. The fibrosis did not show in the x-rays. It was ju3t prior to or subsequent to the second surgery that he notified the applicant of his opinion that the condition was due to the applicant's work. Possibly it was roughly a week after the second surgery that the doctor so advised the applicant. ^V A* CUTHBEtiTSGN -4- The doctor does not believe that the applicant could return to work of a seaman. The doctor believes that a seaman's work requires heavy exertion. That the applicant could do general work, except tnat the applicant can not do hard work and he must work in a place that is free from harmful dust. It is reasonable to expect tnat the applicant's capacity to work in the future will be less than it is now. In tne opinion of tnc doctor the fibrosis that is present will continue to increase. The doctor came to the conclusion that the work was responsible for the condition because he found substances of elements used in the work in the lung. There is a possibility tir.it the .fiber glass may have caused the disa bility. The present factors of disability in the applicant are shortness of breath and weakness Continued, to be reset on the first available calendar. JS: jr CUTHBERTSON Clr.im No. SF 161-870 JOSEPH SHEEHAN, REFEREE Oakland 2/17/55 Injury: 1944 - 1954 REPORT OF REFEREE ON ORIGINAL HEARING Asbestos worker (date of birth not alleged) claims injury to lungs from '`breathing substances in course of work harmful to chest and lungs" . ISSUES a S TO INDUSTRIAL INDEMNITY COMPANY 1. Employment. 2. Occupation. 3. Injury. 4. Insurance. 5. Medical expense. 6. Medical. 7. Earnings. 8. Temporary disability. 9. Notice and prejudice. 10. Statute of Limitations. 11. Lien of Department of Employment.. 12. Lien of Occidental Life. 13. Costs. ISSUES AS TO TRAVELERS INSURANCE COMPANY 1. Employment. 2 . ~ Occupation. 3. Injury. 4. Insurance. 5. Medical expense. 6. Medical. 7. Earnings. 8. Temporary disability. 9. Notice and prejudice. 10. Statute o f .Limitations. 11. Lien of Department of Employment. 12. Lien of Occidental Life. 13. Costs. ISSUES AS TO STATE COMPENSATION INSURANCE FUND 1 * Employment. 2. Occupation. 3. Injury. 4. Medical expense. 5. Medical. 6. Earnings. 7. Temporary disability. 8. Notice and prejudice. 9. Statute of Limitations. 10. Lien of Department of Employment. 11. Lien of Occidental Life. 12. Costs. 13. Insurance. SUMMARY OF TESTIMONY APPLICANT testified substantially as follows: He was bora May 4, 1928. He is right-handed. He is an asbestos worker. In 1949 he worked for Y/esterna Asbestos. He went to work sometime before April, 1949, as a helpeer His job was to pack asbestos onto a ship. He worked two or three months. Sometimes he worked below the decks and in the engine room V,Av' tfe *- - j.. - COTHBERTSON 2 / 1 7 / -2- Claim No. 161-870 \ His work rcouired him to pack and mix dry asbestos. His earplugs were about ^46.00 a week. On the Standard Oil job he helped with the supplies. He used rock wool and hot tar on this job. He worked in an enclosed area. There were 20 to 30 men working and the ventilation was poor. He worked with asbestos blocks. He worked for Armstrong in 1950 and stopped work in 1953 He started working for Western Asbestos in 1949 and worked about two years. He worked for Plant Asbestos about nine months beginning in 1950. He worked for Western Asbestos in 1940 and 1950. He worked for Plant Asbestos for one week. He worked for Armstrong Cork in 1951* ifi It appeared to this referee that the proper parties defend ant were not before the Commission at this time and the matter was continued, to be reset. Notice was given to counsel for the applicant that in the event that a proper amended application was not on file within a reasonable time the application filed herein would be ordered dis missed without prejudice. It appeared that the testimony of the applicant should be stricken from the record inasmuch as the proper parties defendant were not before the Commission at this time and the testimony was ordered stricken from the record. The matter was continued, to be reset on the first avail able calendar in the event that a proper amended application was on file herein. JOSEPH SHEEHAN Referee CUTHBERTSON 2/21/56 -5- Claim No. 161-870 The doctor is of the opinion that the applicant first became afflicted with asbestosis in 1953 when the applicant experienced the pain. The onset of the clinical disease occurred in 1953. The doctor believes that each employment should bear an equal share all the way through. Continued exposure increases asbestosis. ROLAND E. MASTERS, called by the defendant, testified sub stantially as follows: He is the office manager of the San Francisco office and of the Marine Department of J . T . Thorpe and Sons. In 194# and 1949 the company was using asbestos products, which included block insulations, both hot and cold temperatures, pipe coverings and certain cements. He enumerated the content of asbestos in some of the products he used. During those years most of the work was outside work and was new construction. In 194^ and 1949 he received no complaints regarding dusty conditions at the job sites. A helper would usually mix the materials used at the job. One of the samples contained 15 per cent asbestos and another of the samples contained 15 to 20 per cent asbestos. CARL 0. JUST, called by the defendant, testified substan tially as follows: He is a supervisor at Plant Asbestos and has been such for six years. He knows the applicant and knows the employment of the applicant at the plant. The employment consisted of work mostly on new construction. No request was ever made of him for any change in the ven tilation on the job. He received no complaints regarding dust on any job. ALLAN HOLDEN, called by the applicant, testified substan tially as follows: He is employed by the Occidental Life Insurance Company and the Occidental Life Insurance Company have filed a lien herein in the sum of 591.7. The following bills make up this item: Bill of Dr. Thompson, 10-9-53, for 30.00; bill of Dr. Crenshaw of 10-9-53 for 220.00; bill of the Blood Bank of 10-16-53 in the sum of 33.25, of which the lien claimant has paid 24.75; the bill of the Herrick Hospital in the sum of 361.07, dated 10-23-53, of which the lien claimant has paid 292.12; the bill of the Peralta Hospital for laboratory examination in the sum of ,,>20.00, dated 10-30-53. The lien claimant has paid hospitalization and medical benefits under their accident and sickness policy. They have also paid 15.00 a week for 47-1/7 weeks. This sum was paid beginning April 5, 1955, to 9-14-55 and the witness corrected this period to be 10-20-54 to 9-14-55. The policy does not cover reimbursement of workmen's com pensation benefits. APPLICANT, recalled, testified substantially as follows: He was born May 4 , 192$. In 1953 while he was in the hospital special nurses were hired for eight shifts at #.00 each and 64.00 was paid by him to the nurses. In September, 1954, he incurred the bill of 12.50 at the Herrick Hospital. In January, 1955, there was a charge of ;fl5.0u T o r sTlaboratory test*. " On February 20, 1954, there were laboratory tests and X-ray, for which he was billed the sum of 37.50. CUTHBERTSON 2/21/56 -6- Claim No. 161-B70 DISPOSITION The matter was ordered submitted at the end of 10 days and the case to remain open for said 10 days to permit the filing of the copies of the medical reports of the Department of Employment, together with the hospital record of Herrick Hospital and further medical reports from the applicant; the parties were requested to submit briefs on all of the issues within 20 days. JS: S JOSEPH SHEEHAN Referee v / -v 4 ilV \"' r r X, - -* 1 2 3 4 5 6 7 8 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION 9 OF THE STATE OF CALIFORNIA 10 - - 0- - 11 JACK CUTHBERTSON, 12 13 vs. Applicant, ) ) CLAIM NO. 161-870 14 WESTERN ASBESTOS COMPANY, PLANT IS j ASBESTOS COMPANY, ARMSTRONG CORK COMPANY, J. T. THORPE & SONS, FINDINGS AND AWARD ) 16 I1 STATE COMPENSATION INSURANCE FUND, INDUSTRIAL INDEMNITY COMPANY, ) 17 | TRAVELERS INSURANCE COMPANY, STANDARD ACCIDENT INSURANCE COMPANY, ) I and PACIFIC EMPLOYERS INSURANCE 1 8 !1 COMPANY, ) li 19 j; Defendants. ) 20 !1!l a11 21 I1I Application for Hearing having been filed herein, 22 | and all parties having appeared or having been duly notified, 2 3 | and the matter having been regularly heard before Referee 2 4 j Joseph Sheehan, and submitted for decision, said Referee now 2 5 j! makes his Findings and Award, as follows: 26 |< 2 7 |( FINDINGS OF FACT 2 8 *I< 1. Jack Cuthbertson, born May 4, 1928, while em ! 2 9 ployed as an asbestos worker by Western Asbestos Company, j 3 0 Plant Asbestos Company, Armstrong Cork Company, J. T. Thorpe | 3 1 *1 & Sons, during periods of employment stipulated to by each 3 2 |i of the several defendant employers herein, contracted an r. 4 t E: it 1 II occupational disease, to wit, a form of pneumoconiosis, || 2 I! namely, asbestosls. M 3 I! 2. The date on which said employee first suffered it 4 j; disability from said occupational disease and either knew, 5 ij or in the exercise of reasonable diligence should have known, 6 II that said disability was caused by his present or prior em- . I 7 jj ployment, was October 23, 1954. 8 i! t 3. The occupation of the applicant was asbestos 9 Ij worker. *t 10 jj tt 4. At the time of said injury the weekly earnings 11 1 of the employee were maximum, ii 12 j! 5. Employee has Incurred expenses for diagnostic j: 13 II treatment beginning October 17, 1954 and thereafter, and 14 j said treatment was reasonably required to cure or relieve 15 jj the effects of said disease. A supplemental award for the 16 | amount of such expenses will be made upon the service and 17 jj filing of a supplemental petition in the event the parties M 1 18 jj are unable to adjust such expense to their mutual satisfac- S: 19 | tion. :i ti 20 ij !:!: 6. Employee is in need of further medical treat- 21 ij ment reasonably required to cure or relieve him from the !! i 22 jj effects of said disease. u** 23 jj 7. Said disease caused temporary total disability 24 jj beginning October 17, 1954, to and including July 14, 1955* < 25 jj 8. Employee's condition is not yet permanent. 26 jj 'i 9. Statutory notice was given by the employee to 27 jj Plant Asbestos Company. None of the defendants herein on i i 28 jj whom liability is imposed have been prejudiced by the al- 29 jj leged lack of notice. ij 30 ji !41i 10. The filing of the Application was timely. 31 jj * 12. Department of Employment, State of California, 32 jj has paid to the employee unemployment compensation disability i* Z.  1 1 benefits in the sum of $970.00 during the period of disa- 2 u i bility found herein. 3i 12. Occidental Life Insurance Company paid no sum 4 of money for medical treatment reasonably required to cure 5 or relieve from the effects of the Injury found herein. 6 13. Employee has incurred costs In the sum of 7 $70.00. 8 14. The determination of apportionment or contri 9 bution among the several defendant carriers Is deferred. 10 15. It is not true that employee is estopped to 11 assert the claim made herein. 12 16. The Commission does have Jurisdiction of the 13 subject matter of said claim and of each of the defendants 14 upon whom any liability is imposed herein. 15 17. Employee's attorneys, Smith & Parrish, have 16 rendered services to the employee in the reasonable value 17 of $300.09. * 18 18. Cork Insulation Company is not a necessary or 19 proper party. 20 19. Plant Rubber & Asbestos Works is not a neces 21 sary or proper party. 22 20. Mundet Cork Corporation is not a necessary or 23 proper party. 24 AWARD 25 26 AWARD IS MADE in favor of Jack Cuthbertson against 27 State Compensation Insurance Fund, Pacific Employers Insur 28 ance Company, Standard Accident Insurance Company, Travelers 29 Insurance Company and Industrial Indemnity Company of reim 30 bursement for the reasonable value of medical treatment ob- 31 tained by the employee on and after October 17, 195^ to and 32 including July 14, 1955- -3- 3 1 AWARD IS FURTHER MADE in favor of Jack Cuthbert- 2 son against State Compensation Insurance Fund, Pacific Em 3 ployers Insurance Company, Standard Accident Insurance 4 Company, Travelers Insurance Company and Industrial Indem 5 nity Company of temporary total disability indemnity in the 6 sum of $35*00 a week, beginning October 17, 1954 to and in 7 cluding July 14, 1955. 8 AWARD IS FURTHER MADE in favor of Jack Cuthbert- 9 :<i son against State Compensation Insurance Fund, Pacific Em ployers Insurance Company, Standard Accident Insurance Company, Travelers Insurance Company and Industrial Indem nity Company of reimbursement for the reasonable value of costs incurred by said employee In the sum of $70.00, said 14 !! costs being payable as follows: $35.00 to Dr. A. R. Thomp son, and $35.00 to Dr. Gerald L. Crenshaw. AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund, Pacific Em ployers Insurance Company, Standard Accident Insurance Company, Travelers Insurance Company and Industrial Indem nity Company of further medical treatment reasonably required to cure or relieve him from the effects of said disease. IT IS ORDERED that employee's attorneys, Smith & Parrish, be and they hereby are allowed a first lien in the sum of $300.00 against any compensation unpaid and payable herein. IT IS FURTHER ORDERED that Department of Employ ment, State of California, be and it hereby is allowed a second lien in the sum of $970.00 against any compensation unpaid and payable herein. IT IS FURTHER ORDERED that the request of the Department of Employment for an additional lien In the sum of $179.71 be and it hereby is denied. {i** -4- 1 I T I S FURTHER ORDERED t h a t C o rk I n s u la t io n Company 12 uit1 be and it hereby is dismissed. t* 3 IT IS FURTHER ORDERED that Mundet Cork Corporation 4 li be and it hereby is dismissed. * i 5 jj IT IS FURTHER ORDERED that Plant Rubber & Asbestos 6 n Works be and it hereby is dismissed. 7 iIi* If IT IS FURTHER ORDERED that jurisdiction be and it 14 8 !i1 hereby is reserved to determine apportionment or equitable 9 i5l subrogation on petition properly filed. 10 !i IT IS FURTHER ORDERED that this Award shall bear t 11 1 j interest pursuant to the provisions of Section 5800 of the j 1 2 Labor Code. 13 t* 1 t 14 1;!! i IS 16 i1i ii 17 IIi JOSEPH SHEEHAN, REFEREE IN D U STR IA L ACCID EN T COMMISSION 18 H 1i1t 19 1*it!t 20 JUN 1 1 19S6 FjrLED AND COpy m a i l e d TO: (JA) 2 1 Department of Employment, P 0 Box 1857* Oakland 4 IM Occidental Life Insurance Co., 583 Market St., S.F. 4 22 aii Jack Cuthbertson, 2284 Holbrook Drive, Concord u Smith & Parrish, 1616 Financial Center Bldg., Oakland 12 23 ti Leonard, Hanna & Brophy, 100 Bush St., S.F. 4 Hi*| Mullen & Filippi, 315 Montgomery St,, S.F. 24 Travelers Insurance Company, Latham Square Bldg., Oakland * 1 Industrial Indemnity Company, 350 Sansome St., S.F. 4 25 *4 State Compensation Insurance Fund, 450 McAllister St., S.F. 1 IIIti Pacific Employers Insurance Company, 3770 Piedmont Ave,Oakland 26 ;j Standard Accident Insurance Company, c/o Leonard, Hanna & 1 Brophy, 100 Bush St., S.F. 27 1 Plant Rubber and Asbestos Works, 5309 Horton St., Emeryville Armstrong Cork Company, 1355 Market St., S.F. 28 Mundet Cork Corporation, 440 Brannan St., S.F. 1 Plant Asbestos Company, 5309 Horton St., Emeryville 1 29 1 Western Asbestos Company, 675 Townsend St., S.F. 3 :i J. T. Thorpe & Sons, Emeryville 1 30 31 32 SEAL -5- S CTJTHBERTSON C l a i m N o . 3F l6l-8?0 Injury: JOSEPH SHEEHAN, REFEREE MAY 14, 1956 REPORT OF REFEREE ON DEO 1ST.UN 1944 - 1954 Alleged asbestos worker, b o m May 4, 1928, clcj.i;,' injury to lungs from "breathing substances ir course of work born vi to chest and lungs.'1 The proper names of the defendants have boon :.! .,r\-.eu'.d in this report, as follows; Western Asbestos Company State Compensation Insurance Fund Plant Asbestos Company Industrial Indemnity Company Armstrong Cork Company Travelers Insurance Company Standard Accident Company Occidental. Life Insurance Co. State of California, Department of Employment Pacific Employers Insurance Co. J. T. Thorne ft Sons Mundet Cork Corporation Pork Insulation Company Plant Rubber & Asbestos Works Vie seer.'; I ur.d Plant Indu.., trial P r-h)jt r e a p T-avelevc /no ?vc Ooc.i.denial v^portnK. o.t Pi Zi.erne 1it0.e i, F. !v,v.t fiv.'ober In the application it Is alleged that aprlica.vo t ;& e m ployed by Mundet, as follows: "1948 - in February, March, April and M . y a app? >.;c.mately 4 months (4)." Mundet never appeared in this matter. No appearance was made for It. No proof of proper service was t.ritte. The letter of Mundet of 2-16-56 was filed in answer to a subpoena of the Commis sion. During the time applicant worked for Munciat he lit^d strictly cork. (Testimony of applicant.) Applicant's counsel has assured the Commission that "vie are not going to proceed against Mundet Cork or Cork Insulation." (Transcript p. 46). Mundet should be dismissed forthwith. (Rule 10775 and 10782). Employment with Cork is alleged to have been: "Cork Insulation Co., San Francisco, Cal. 1949 February to April, approximately 2 months." Cork made no appearance herein. Applicant"s counsel has submitted no proof of proper service. His assurances (transcript p. 46) constitute a request for dismissal of Cork. Cork should be dismissed forthwith. (Rule 10775 and 10782). The Application, filed March 8, 1955, alleges: "Original employment, Plant Rubber Asbestos Works, San Francisco, Calif. 1944 - February 26th to June 12th, approximately 3-1/2 months." Apparently purported service on this defendant woo made at "Plant Rubber & Asbestos Works, (.r309 Horton Street, Emeryville, Calif." CUTHBERTSON -2- Claiwi No. 161-870 No cnowiag has been made that the .-.dore!.,; of ch.r; d e fendant is at Emeryville. Jurisdiction over o n d e f e n e e n t Is not shown by the record. Plant Rubber ; Aroostos bor.es should be dismissed. (Rule 10775 and 97-!5' ^pJ>1 <.oni, bo~ oiScuC., not to proceeo c y l n o c thio defendant. One or more of the other <".eformant, h-'v teen Issues herein. These issues arc: v on- 1. Jurisdiction 2. employment 3. Occupation 4. Injury 3. Insurance 6. Medical expense 7. Medical 8. F a m i n e s 9. Permanent 10. Temporary 11. Notice and. prejudice 12. statute of Limitation;, 13. 'Department of J-mplopme.-tt l U m 14. Occidental Life lasv.ronr o no. 1 jl5. OOuiCc. 1 6 . Apportionment 17. Estoppel Only fund hoc raised the .0 o .o.'l.. Fund has advised that thin iocnc ,.i: ::< .1 The issue is the same as notice red require the impossible ot rn op. 1 Itruh, exists for fincUny estoppel on the m* 'A t< K ;i. coo a l. C. for .1.0 not rd Industrial has put in v..' o _-u } -,,-.c.-.it m ...1..ur'a. c . It has disposed of these issue,., by >."u. .:.n vie-.2 of the stipulations, no findings on these :l:v.>e . ^re nr- .0 :ur,.. . (i-rle 107&4). Industrial and Fund have put ..n '-....e e e n c i r p m o occu pation. The answer of the Fund admits maximum v.'^pes and the oc cupation of asbestos worker. While Yiorld.no; for Industrial's assured (Plant) on October 1 7 , 1934, applicant received maximum earnings (stipulated) ana his occupation was asbestos worker (stipulated). Fund's assured, Western, paid applicant v/ageo of $100.00 a week. (Applicant's testimony). The entire record compels the finding of asbestos worker as the occupation of the applicant, and maximum earnings. Fund, Thorpe, Plant, and PE 9 to \hemselves, question the jurisdiction of the Commission. By Its answer. Fund relies on the defense that maritime injuries are beyond the jurisdiction of the Commission. The evidence fails to support the position taken by these four defendants on this issue. In holding chat the Com mission does have jurisdiction, uniformity of the maritime law is not disturbed. Work done by this employee was not of maritime import since the transaction was of local concern aid not prejudicial to uniform application of admiralty law. CUTHBERTSON -3- Claim No. 161-870 The evidence of Drs. Shipman, lhompson, Crenshaw,, and Watson Indicates that the applicant does have and does sufferfrom an occupational disease, namely, a form of pneumoconiosi?,, to wit, asbestosis. Dr. Shipman testified the periods of stipulated em ployment contributed equally to the disabling effects of the disease on October 1 7 , 1954. Knowledge of the causal connection between the,- disease and said employment was first had by the applicant six O'ys after October 1?, 1954, end prior thereto applicant hod,. anJ .n the ex ercise of reasonable diligence obtained, no knr.uievgo oi .u.-.h con nection. {Testimony of applicant and Dr. C viv.-h-AJ). Dr. Shipman and Dr. Crea^hc!: U:..-.1,riod tv,.' employ a needs medical observation. Such evidence support-; r finding ir. VO?'* of the applicant tnafc ho is in need of further medi;-e.i ireatiuo. -1/ Said occupational disease caused ceupv bility beginning October 1?, 1954, U- aat: .-.nolvd (Testimony of applicant and Dr. Crent-.hct;}. coU.l c,.u:.a~ J u l y 14, 10 55. Dr. Shipman's testimony indicate', tno >"ndxbion it not permanent. Applicant1,g counsel has requested de.;o?ainatlor* of permanent disability be deferred. (Loiter of i-ir. Jmibh, 3-5-561. Some evidence indicates the ampl'-g oe : P.u; d,,_.ablets and that his condition will get worse. Cn the other a.-hid Dr. Hinsiiaw (5-24-55) advises that there will be no prry,reu.s on of the die ease. The evidence of Dr. Shipman moves this referee to defer determina tion of this issue. Notice of injury was promptly given to pIvnt and Indus trial . (Testimony of applicant). None of the defendants have been prejudiced by alleged laclc of notice cn October 1 7 . 1954, or subse quent to October 1?, 1954. The evidence does not establish any obligation in the defendants to, in any manner whatsoever, compensate applicant for a disability occurring in 1953 and the diagnostic treatment pro cured by him in 1953. (Record of Herr.. j!c Hospital and testimony of applicant). The medical services obtained by the applicant in 1953 wex*e obtained by him at his peril. The filing of the Application was well within the statu tory period of one year of October 23, 1954. Occidental claims a lien in the sum of $591.3?. The sums making this total of $591.87 \*ere paid from 10-9-53 to 10-30-53. Such payments were not made for the reasonable expense incurred by or on behalf of said employee for medical treatment to cure or relieve from the effects of the injury found herein above. Diagnostic thoracotomy in 1953 did not result in a diag nosis so far as the parties herein are concerned. Payments made by this lien claimant cannot be made a basis for recovery by it either from the applicant or the defendants. The Department has filed two requests for allowance of lien. One request was filed 1-4-55 for* $589.71. This request is a duplication of the request filed 4-22-55. It should be dis missed. CUTHBERTSON -4- Claim No. 161-870 The request filed **-22-55 is for $1,149.71* This amount consists of two parts: (1 ) 35 a week from 10-18-54 thru 4-17-55 i[>910 plus $60 Hospital benefits, end (2 ) 30 a vjeek from 9-28-53 thru l*>-2*!-53 benefi u } lC Department and 7 1 should he de nied. No recovery can be had for th.'.e additional. nicau.nt.. the same being properly payable to the employee under too nemelo; moni; insurance code. Applicant's counsel contends tlr.L he .. on.:.-.tied t<. re imbursemont and payment of medical cxpru.e.: (La ctur of L-. ,mi .th 2~3-58). He argues that bimien car e (1 OCC I"1) on er o n n Beginning October 17, 1954 cppA>.-h.ne obtuinocS diagnostic treatment which v?a;. svcoeoai'ul and led lo the di-no .-..c. name I:. asbestosls. It x'ollows he is entitled t<: xor-over, of ,-ich i-easen- able expense as 17&3 necessary fcc e n a b le : :\j. . com l. a:id the cofou dants* doctors to properly diagnose oi.< 0 of the <D sab'-..L-t, . page 86). ammuiiit of the ev.pun'..V*' uvubj u to - >0;ULto n j to >nt to1 ihe Com it w. i d com-' 'ur.ry 2.;L I<m'V 5CO: . ex- evi(1Si'iri-. ;tx 'i'KJO*a/.-P t , A determination ex' tna vim-: amount oi mod.for 1 02 Oi'i.jC' will be made upon the servi co and alln;i o4 a? proper per.* tj.on in the event the partie... are unal/L-- to ud,( st this evt'.-no thcuuelves, The evidence allow*, -and standard pruct ce permits. only a general flnding. $70.00. Applicant h.as reasonably inet vred coats in too aos of (Exhibit A-2). As reflected by this record, applicant's attorneys have rendered services to the employee in the reasonable value of $ 300.00. Apportionment or contribution of a defendant carrier is properly the subject matter of a supplemental petition. FINDINGS,OF.FACT 1. Jac k Cuthbertson, born May 4, 1925, while employed as a n asbestos wor k e r by Western, Plant, Armstrong, 'ihorpe, during periods o f employment stipulated to by each of the several defen dant employers herein, contracted an occupational disease, to wit, a form of pneumoconiosis, namely, asbestosis. 2. The date upon which said employee first suffered ability from said occupational disease and either knew, or in the exercise of reasonable diligence should have known, that said dis ability was caused by hl3 present or prior employment, was October 23, 1954. dis 3 . The occupation of the applicant viro asbestos worker. CUTHBERTSON -5- Claim Ho. 161-C70 4. At the time of said injury the weekly earn ..ngs of employee were maximum. 5 . Employee has incurred expensec for diagnostic treatment beginning October 1 7 , 1954 and. thereafter, and said treatment w o e reasonably required to cure or relieve the effects of said disease. A supplemental -ward for the atioimt of such expenses will be made upon the service and fj-l-.n;; of r. supplemental petition in the event the parties re un~b~e to adjust such expense to their mutual satisfaction. 6. Employee is in need of further mocb.u'O. iregimenl reasonably required to cure or relieve from the ef fe ;l o f said disease. 7 . S a i d d i s e a s e c a u s e d t e m p e r a i y t u t a l c'i.V> fro. l i t ; , beginning October 1 7 , 1954, to and including duly it, i--;; .. S. Employee *s condition :1s not yet, ocru* none. 9. Statutory notice was given L; the emyio, co to Plant. None of the defendants horeai <-n i.-ii.m 1 ,a>.v.i 1.' i.imposed have been prejudiced by the alleged .Vr 1 u ` r. left. 10. The filing of the Appliorv a.n , >:Imoi, . 1 1 . Department h a s p a i d to t s a y i t , s c pensation disub.il.j.ty benefits in the oca period of disability found herein. ..Cm,; .c i ; - r>; i >0 12. Occidental paid no sum cf u;ycy , yoi. i-re.L- ment reasonably reqcared to cure or rel eve :uc-,; ho o. fa. , , oi injury found herein. 13. Employee has incurred cost;.- .ui die .vu cu ' P .DO. 14. The determination of apportionment or contribution among the several defenchant carriers is deferred. 15. It is not true that employee is estopped to assert the claim made herein. 16. The Commission does have jurisdiction of the sub ject matter of said claim and of each of the defendants upon whom any liability is imposed herein. 17. As reflected by this record, employee's attorneys have rendered services to employee in the reasonable value of $300.00. 18. Cork Is not a necessary or proper party. 19. Plant Rubber is not a necessary or proper party. 20. Mundet is not a necessary or proper party. CONCLUSIONS OF LAW Employee is entitled to a joint and several award against Fund, PE, Standard, Travelers, Industrial, of; The reasonable value of medical treatment obtained by the employee on and after October 17^ lv?4 to and including July 14, 1955, and CUTHBERTSON -6- Claru No. 161-870 Temporary total disability indemnity at maximum rate beginning October 1 7 , 1954 to and including July 14, 1955, and Costs in the sum of $70*00, said sum being payable $35*00 to Dr. Thompson and $35.00 to Dr. Crenshaw, and Further medical treatment reasonably required to sure or relieve from the effects of said disease. Employee's attorneys are entitled to a first lien in the sum of $300.00. Department is entitled to a second lien in tne sum of $970.00. Request of Department for additional lien of $179.71 shoxfLd be denied. Cork, llundet, Plant Rubber should be dismissed. Jurisdiction is reserved to determine apportionment or equitable subrogation on petition properly filed. JS: Ja JOSEPH SHEEHAN Referee CUTHBERTSON Claim No. SF 161-370 JOSEPH SHEEHAN, REFEREE S.F. 2/20/56 Injury: 1944 - 1954 REPORT OF REFEREE ON CONTINUED HEARING Asbestos worker, 26, claims injury to lungs from "breathing substances in course of work harmful to chest and lungs1'. ISSUES (as to State Compensation Insurance Fund) 1. Jurisdiction. 2. Occupation. 3. Injury. 4. Medical. 5. Medical expense. 6. Earnings. 7. Temporary disability. 3. Notice and prejudice. 9. Statute of Limitations. 10. Costs. 11. Estoppel. 12. Lien of Department of Employment. 13. Lien of Occidental Life Insurance Co. ISSUES (as to J. T. Thorpe and Son and Pacific Employers Insurance Co.) 1. Jurisdiction. 2. Injury. 3. Medical. 4. Medical expense. 5. Temporary disability. 6. Permanent disability. 7. Lien of Department of Employment. 3. Lien of Occidental Life. 9. Notice and prejudice. 10. Statute of Limitations. 11. Costs. 12. Apportionment. ISSUES (as to Armstrong Cork, Travelers Insurance Co. and Standard accident Insurance Co.) 1. Injury. 2. Medical. 3. Medical expense. 4. Temporary disability. 5. Permanent disability. 6. Lien of Department of Employment. 7. Lien of Occidental Life Insurance Co. 3. Notice and prejudice. 9. Statute of Limitations. 10. Costs. ISSUES (as to Plant Asbestos and Pacific Employers) (Same issues as at issue with J. T. Thorpe and Son and Pacific Employers Insurance Company) ISSUES (as to Plant Rubber and Asbestos Works and Industrial Indem nity Company) 1. Employment. 2. Occupation. 3. Injury. 4. Insurance. 5. Medical expense. 6. Medical. 7. Earnings. B. Temporary disability. 9. fjnti ('ll 'a nro iniHro CUTHBERTSON Claim No. 161-370 -2- 2-20-56 SUMMARY OF TESTIMONY HERBERT E. SIMONS, called by the defendant State Compensa tion Insurance Fund, testified substantially as follows: He is employed as Safety and Transportation Supervisor at the Western Asbestos. The record at the plant shows that the appli cant worked at the plant from April, 1947, to July, 1950. The applicant handled asbestos and other materials used at the plant. A list of ingredients of the products used is contained in the insulation list. He prepared this list from the samples sub mitted to him by the manufacturers. The same material was used in 1947 and 1943. JACK CUTHBERTSON, recalled, testified substantially as follows: He worked for J. T. Thorpe and Son beginning in August, 1943 to 1949* It was outside work on a power house. He applied asbestos blocks to the boiler. It was quite dusty and windy. The boiler was located in the open. He did not become ill on this job. He was a mechanic or insulator on this job. All of the men on the job were using the same insulation. It was dry material. The first application would be dry and the second application would be wet. Magnesium blocks were handled about 85 per cent of the time. He handled dry asbestos blocks about 30 per cent of the time. The magnesium blocks contained magnesium, 85 per cent, and asbestos, 15 per cent. After handling the magnesium blocks he would apply a wet coating. This coating material was handled like plaster. He also worked for J. T. Thorpe in 1953, that is, from September 1, 1953, to October 23, 1953* Beginning September 28, 1953, he was off work for a month while he was in the hospital. Just prior to going to the hospital he was working for Armstrong Cork. On further ouestioning he said he worked for J. T. Thorpe and Son from May 9, 1952, to June 2, 1952. During this time he handled asbestos covering and various asbestos products. While he was working at Hunters Point the boiler was in the open air. You could see particles of asbestos dust. No notice was given to Pacific Employers or to J. T. Thorpe and Son. Neither of them have made any promises of compensation to him and neither of them have made any payments of compensation. He went to the hospital in September, 1953, following the directions of Dr. Crenshaw. Two weeks prior to going to the hospital he'd been under Dr. Crenshaw's care. Dr. Crenshaw did not tell him what was wrong with him. Dr. Crenshaw has continued to give him treatment. When he first saw Dr. Crenshaw Dr. Crenshaw could not tell him what was wrong and he believes that the doctors were look ing for cancer at that time. He remained for two weeks in the hos pital . He first learned about his condition about six days after October 6, 1954. He knew about the theory of asbestos becoming lodged in the lungs. He first learned about this theory seven or eight years ago when he first took up the trade. He had no cough before the first operation. He had severe pains behind his left shoulder and these pains led him to see another doctor. He has never been called by the draft. He was in the Me r chant Marine in 1944 to 1946. He was in asbestos work prior to 1944. He was a helper at that time. They did not make any X-ray examination of him while he was in the service. CUTHBERTSON Claim No. 161-370 -3- 2/20/56 He drew the maximum amount of benefits from the State. These benefits covered all of the time he was off work because of his disability. He drew $35.00 from the State and $15.00 from Occi dental for each week he was off. The two payments together, being ^50.00 a week, were paid to him during the entire period he was off work. He returned to work on September 13, 1955. (It was stipulated that Travelers Insurance Company had coverage for Armstrong Cork from January 1, 1952, until the present time and that Standard Accident had coverage for the period begin ning January 1, 1949, to December 31, 1951. It was likewise stipu lated the applicant worked for Armstrong Cork for different periods totaling approximately 191 weeks beginning in September, 1949.) He worked for Armstrong Cork for about two weeks in 1949, that is, froy September to October. In this job he used only cork board and hot tar. He worked for Armstrong Cork from September 6, 1950, to 1954* He was an insulating mechanic. He used asbestos pipe cover ing, asbestos blocks, various foims of asbestos, rock wool and cork board on the job. The dry asbestos came in hundred pound sacks. It was the job of a helper to mix this dry asbestos. 35 per cent of the time the applicant mixed his own dry asbestos. The asbestos blocks were installed on boilers. He had no helper and there was heavy dust on the job. He has worked in the asbestos trade for a period of about eight years and during this time has worked for six or seven compa nies. On all these jobs he did not use the same materials. While he worked for Mundet he used strictly cork. Samples which have been introduced were similar to those that he used while working for Armstrong. He used the same type of material for Plant Asbestos, J. T. Thorpe and for Western. He is a union man and most of the jobs are the same. They used the same materials on the jobs. It is asbestos or asbestos products. On all these jobs he had windy days. On some of the jobs the ventilation was poor. On others the dust just hung in the air. The dust was worse on windy days. All through the different jobs the same exposure occurred. Some of the Armstrong jobs were all cork jobs. Generally speaking, the materials used and the amount of dust produced was the same for all his employers. He was hospitalized in September, 1953, and prior to that time he made no request for compensation of Armstrong, Standard or Travelers. At the present time he has still complaints regarding pains in the chest, tiredness in the arms. After a da y 's work he has to go to bed after dinner. The scars in his chest give him sharp pains at times. The adhesions around the scars hurt more in cold weather than warm weather. It is an effort for him to go up ladders. He is still going to Dr. Crenshaw. He feels better than he did at the time of the last hearing. At night he has a tired feeling. It is an exhausted feeling. It is hard for him to keep his average up while working in the after noon. On July 15, 1955, he went to work for a foundry and this work required him to shovel sand all day long. He worked at this job from July 15, 1955, to August 14, 1955, and thereafter he was off work until September 13, 1955* He gave this work up on August 14., 1955, because he did not continue doing the work. After August 14, 1955, he listed himself as available for work after about two weeks. (As regards Plant Asbestos, it was stipulated that the employer's insuranr.p i'nmnanv had coverfpp fVnm nrtnhor l CUTHBEnTSON 2/20/56 -4- Clnim No. 161-B70 It wo.s stipulated that the Industrial Indemnity Company had coverage for Plant Asbestos for the period beginning July IB, 1954, to October 17, 1954, and it was also stipulated that appli cant worked at the plant during that period.) While working for Plant Asbestos he used heat and frost insulations. He worked as a mechanic applying these products which were made from asbestos products. v From July, 1954, to October, 1954, he did mostly little jobs. He handled asbestos products during this time. They had to mix the products themselves. It was dusty. It was very dusty while they were mixing. The job at Mare Island during this time they had to work in a trench, and the material was on top of the trench. The wind would blow the material at him. On October 17, 1954, he stopped work because he was wheezing and subsequently he went to surgery. The first notice he gave to Plant Asbestos was about a week and a half after leaving the hospital. His attorney told him that he had to notify his employer. Plant Asbestos or Pacific Employers or Industrial Indem nity or any of them have made no promises or payments of compensa tion to him. He has received payments of disability benefits during the entire period he was off. He drew disability from the State for the maximum amount. He received no benefits after leaving the job he had at the foundry. The majority of all his work was new work. He did not receive benefits for all the time he lost from work. #*>!< A recess was taken in this matter until 9:00 A.M. tomorrow, February 21, 1956. The matter came on regularly for further hearing on February 21 at 9:00 A.M. SUMMARY OF TESTIMONY SIDNEY J. SHIPMAN, M . D . , called by the defendants, testi fied substantially as follows: 1955. He saw the applicant on one occasion, that is, on June 15, His diagnosis was asbestosis or pneumoconiosis caused by asbestosis. This results from an exposure to asbestosis dust. As to the degree of disability seen in the applicant on June 15, 1955, he said that his chest was normal to examination. However, an examination at U. C. Hospital showed that the"oxygen saturation of the blood was slightly low. The doctor believes that the applicant is able to work at the present time. He cannot give a probable prognosis. He cannot say the condition will become worse or better or remain the same. The applicant should have a periodical check by the doc tor. The applicant is able to resume normal activity. The oxygen saturation test showed that the oxygen was not absorbed by the blood like the oxygen should be absorbed. There is  c *<m h i i ( ) h o r n e c a t NORTHF PN CALIFORNIA i t 'll I MT k / f I t A M L N T O C O U N T Y ) 0 (ib San M U S K jn bTMEST F u a m c is c o 3 F O R ' A( \ M i fJ TO C O I N r Y Room 200 c J l J U r u t r f>A(.l A M C N IO ONLY Fon SOUTHERN CALIFORNIA ( f r i I.i r a A N Ol L<".0 C O U N T Y I boi Los b r A r C U U IC D IN O A n ic l f t 2 Fon fi A N O I C O O C O U N T Y 1C 2 I KouflTH V e N U Sa n D ic c o i ONLY 8TATK o r CALIFORNIA DEPARTMENT OF I N VJ STRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Cue No. ..101-070 54 SF Filed 12-21-54 DO NOT W RITE IN THIS SPACE ENTERED IN DOCKET B Y ______________________ Employee' Name.... 4A0iC .UUIliiSiaQL.. Social Security No.. _ ..................... Name of Employeri. .. %rc^tran.Cork Company &x Travelere Ins-aranc Company ---- .2.-- t'liwat- s ^ a iic s t a a ..Uoxapaay...... Name of Industrial Indemnity Company Insurance Carrier ... 3# 'Western Asbestos Company __________iLtaLa ..Coa^ftnaati.on.-iiLa.uriAnco E m p l o y ' Address .224 Holbrook. liriYa.. I T S I I T ANO N U M M I 0<?nCQ rA..CaJ.Lfo.rnl a .. Employer* t o w n o a CITY , ._ Address.....&H1 L r a n s i u c o .California Lathaa <^uar'5*,,r*,,0"u',`,,Bid#, Oakland __ 519-iiort.an ___ insu^t^Q idWilo lit. dim i'^HnclacB**1' Carrier's Address ... ...... ... 75 Qwn8on<>T'#tvi"u*ilWi Francisco fund.___45.Q.J:^Gfyl_ilak<Lr..di4**_ Byi. ? ranclscc Employee's name......... J q Ck CJU.tilbsrtSOL................... .. _ Employee' date of birth.......................... ............. ................ Date of your injury 1949 -- 1554 . Employee' occupation ....................... at time of injury______ ViQr.kdiT................................... ...... Place where injury occurred ......... i a f l FrcUlCiflCO ............................ d ' T AND 1TATK When did you leave work as a result of this injury_depLewbeT* 3 0 . 1 9 5 3 . .. . OCtObCT 19, l954 How did injury occur ._l l m a t k i n ^ -nubaLancna -In. ^CLOiics.ftvif^QjCk,Jd^OiLFyl-Aq _ diQJ5lv^4. J.UP&Q What part or parts of your body were injured__ L u n & a __ ___ ______________________ __ __________________________________________________ _ When did you return to work a till diSUblC-d Full or part time work .. . and at what w a g e __ _ _ . _......................................... .. Your >sago or salary (before deductions) $ .. *"1 nm.Wjwr Four nr y .......................per week or i __________________ permonth. 11paid on hourly rate, how many hours did you work per week__ ... ... . .............- ..................-- ......-- . . . Did you receive any of the following; Board? Yes No ; Lodging? Yes Q No Q ; Tips? Yes Q No Q ; Other advantages? Yes Q No Q State their weekly value $ ----------------- ----- . Have you been paid any compensation? Yes Q No l~~k How much Date when last payment was m a d e ................... ..._______________ ................. TOTAL AMOUNT , 19____. Weekly rate of payments $ ._ ........................ 1las the employer or the insurance carrier furnished you with any medical treatment? Yet Q No f he Date when last treatment w is given ............. .................. , 1 9 ............ List names of all doctors who have treated you and who were furnished by the employer or insurance carrier...................................... ............... Univoraity of California--- ....................... ..... ............. I lave you obtained any medical treatment at your own expense? Yes No Q . List names of all doctors who have treated you ac your own expense...........- ...............- ......- ...... - ......... ................ ... ...................-- ........... Arc>ouclaiminganyofthefollowingbenefits (Answer Yes or No): (a) Temporary disabilitypayment....TSS ....... (b) Permanentdisabilitypayment . (c) Further medical treatment Yo-S- .. (d) Costofyourmedicalexpeiue .... Ifta ......... (e) Listotherbenefitsclaimedandnotmentionedabove........ -- .... ........ .. ... ...... ... flaveyoueverbeforefiledaclaimwith thisCommission? YesQ No c*if so,when was itfiled -------------Iblb Flnancijj^^gimttrr blag. -... -.. - xlack Date //.......... S I I N A T U I I 01 A f f L l X A U r -2 Q 1 9 5 4 ....................... .1 9 L L c n c x m r t ft-fc.Q,,,, N ) f b I H A |l I M , 1 ' i ' t i >h s I ; , 111 11 n j> s Keen ft i * I 11 k ( Le I J a i t r i I A < < i JM C r i m m i t tt rn t ), p i r i t e *11 l*a a m t tia J i n w i l i n g o f t ha l i m a * n d p i t t a v i h a a r i n f i| r i i / u ' t ! in f ' . t i I f i i i a m i t ur n i l, n i r l E l l h a r pa /1 f v t i f ba A N S N liM I t i I r i en 1i r u < ' i ] f t I - l >U i n i / w * r t . i l . m t i u i t 11 m i u . t i t ' i n t* j , " . t I i i n I m i H r r i j ! u 111 n >. tn< (!.< / i l o i l n . t t v ' L r < r t m t u n n i l 11 t #I y *n 11,r p r ' t >r t t n i r r r 10 <1a t i t r t vi - n f i m r t n o i l i f |i l i d by ent hr M H , -o p t of thr n e i i ikn p p litiiiin , t i n t * i l l usi r t f tl. i n r n t i u r n i i l i e d l.r ( h j t purp<>a 11 d f f i n d nt rn p i o f a r l i I n t u i r J I J i n b f I h r r i m r i i b u t | / t h a i n I u r i n e c a n i a / 1 n o ( * * f f v a d , t La n t k a O A IP OF M U N IC H 3HJIVICJI O N i i.H M 1 4 t a * * STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION y 9 0 0 M is s io n STR ker, Sa n F r a n c is c o 3 4 1 2 H e l m B u i l d i n g . f h e s n o 21 r o o m 2 00, 031 J StreetSacram ento S t a t e B u i l d i n g . L o A n g u e * 12 ROOM 2 1 4 , 1 0 0 E O c e a n S lv o , L o u a B e a c h 2 1021 4 th A v e n u e , San D ie g o 1 C laim Nu. 5 4 T '^ .K . 1 0 1 -f iV O Applicant.. VS. t 1 * * IJlm - i t #4 X i J A Iv O Cf *tU t UJtV*v W iv*iXI *'kL*iU *1a 0Oil*C 1^*3, ^ .L' alnJltG 4j,-aW[fi **k>Xj iw 0 *4tiX ^ 1**5*1**/ LA. /,1.**4Y ^ |J# 1 A4V3**A il* Lillfc/ D*-r I a:i l.'.'A Xi \J'J ^A4M .*44Y I JL*wU LL*^Xa X# *L L-J-t`vk.nYt X* u l j D e f e n d a n t o. _______________ N o tice of H earing of A pplication For Adjustment o f C laim You are hereby notified that an application to adjust a claim for compensation (a copy of which is jctachcd hereto) has been filed with the Industrial Accident Commission of the State of California. You are further notified that said application lias been set for hearing at lut. 2(Jo, 1531 i.ouster ,,t., Oa<lanJ., California, on vh 23rd da/ of Auy, 1955, 1:30 o 'clock p.u. All ami that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law. Ntiir: The p.rtici re expected io ivbnm all i$tuej in controversy for decision at this hearing; therefore, all uece&tary witnesses, evidence, documents, nicuica! reports, payrolls, and other essential proof must be available and ready for submission at the hearing. Dated: V ril 25, 1955 INDUSTRIAL ACCIDENT COMMISSION ^ hJ.eUffb J. TauK.-j, Jit. A u t tt r r r J ,Sr<r r t a r y ''lie undci signed certifies that as an employee of the Induitri.il Accident Commission she served the foregoing notice on the parties hereinafter mentioned, at the time set opposite their respective names, by depositing a copy of said notice attached to a copy of the application therein mentioned, in a scaled envelope in the United States mail on said day, at - iUQ 'iiCO California, with'the postage thereon fully prepaid, and addressed to the said parties at their last known places of business or residence, as follows, to wit: NAMI.S OF PAR I'll.S SLRV1.D UAH'. OF SLKVIC.Ii aee atwc.u'd uhoiL fO H U I ) k l . 4 [Slt.NA t UfU-.] * M * . 4 * ' . u <T* * # - . II bept. of Employ.,r.O. uox 157, Oakland, Calif. 4/25/5!) Occidental lifo Ins. Co., 300 Montgomery dt., 3.P., Calif. " Jack Cuthbertoon, 2264 Holurook Or., Concord, Calif. " mith h. rurriah, Fin. Center olaj;., Oakland, Calif. " riant Kubier L a 3t>Q3tos Works, 5309 Horton dt., Emeryville,Cul, " Armstrong Cork Co., 1355 Market dt., d.F., Calif, Mundet Cork Corp., 440 urannan St., d.F., Calif. riant Asbestos Co., 5309 Horton St., 5309 Horton St .Emeryville, " Western Asbestos Co., 675 Townsend dt., S.F., Calif. " J. T. Thorpe L don, Emeryville, Calif. * Travelers Ins. Co., Latham Square iildr,., Oakland, Calif. " Indus. Indem. Co., 350 dansome St., d.F., Calif. State Comp. Ina, Fund, Personal service racific Employ. Ins. Co., 3770 riedmont Ave., Oakland, Calif. " Calif. Compensation Ins. Co., 26 Ce^ry St., d.F., Calif. vwx iiuutclau_Canti:-'--.ilda.,-- !.<Htaftd-- ID D IIIt dlcncuurt 2 2000 jSLf- u i.U!T~~t7:iuiauu -.-a----- iltM A T U a i Of APPLICASI Dite 'rtren '4 .isJ- 5 - TILtfMOMI IUIKI N O T E -- M R A R l N i . i A f i n iK i* i p p l i n u n s K u bfl f i l a i m i h In d u iu i*! A id m rrprin<rd in p e no n, h f itrnT. or o ib rr A N S MM K i I A * d r f r n . l i o i u rip<.ii<J t o fil i s s . w < r u b i a 10 .l r # f u r i r u o i i n d tli< m i u f in r i t c i . r r a ; n i { . i> r n i m r . j in l h i p p l w u r .n . no i n i v r r n r r d b fi l d b f m p l o r r r * k o U ' U t i h n m r v> tK p r o ( x r i w c i " b f i l i d . C o o u u u i.o o tb< p i r u i i l l U o o u f iid la t t t . p y <.f t > u i i p p b i m n , u n i . l i n f i " m i b e m p l o y e r , t i K i t v i l ) U Jwi> b y lli< r i u s i f tK# t i m i n d p i o ; o i b u r i n i . E i t l u r p i t i T m i y b u n t i i b r j f u r l i n i p u r p o t c 1 ' 1f e n d a n e r m o ^ M r i l I n . i . r . J a m i t i b u i l i i l i i n f u r i n e e i r n r l i t i n i n t r n i J , t he tK D A T E OP S fJ tV IC I S LK V IC E O N C O M M I S S I O N O F F I C I U- fe jR N O R T H l ' . R N C A L I F O R N I A , I F K C L I T S A C H A M t N T O C O U N T Y 9 6 5 M is s io n b f iu .tr / S a n F h a i 'c is c o 3 f Fon SAC ^ /'M ENTO C O U N 1Y O N L Y R o o m 2 0 0 . Q 31 J S m t u r S ac.h a m t n to STATE CALIFORNIA UEPA fiTM tNT OF INQUSTUiAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION FOR SO U THERN C A L IF O R N IA ( E X C tl' T SAN O IG O C O U N TY ) 50 1 S tate O u il o in o APPLICATION FOR HEARING L O . A N G E L A S 12 A M l-iO ju !) FOR SAN DIEGO C O U N TY 1521 F o u r t h A v e n u e SAN D IE G O 1 O N L Y ^ " " " ' .................. C ue Nn B U` .r- 1L1-J70 P ile d Piurch DO NOT WRITE IN THIS SPACE EN TERED IN DOCKET BY________ _____ Employee's N 2me^ C ^ -L U X , Social Security No................. Name of Employer Employee'i Address .. ZZIIL .iL.L3d.sUi. uiiiVR............... ITfllT AMOMUMCX ..... Cpj.caj*dy .L-LlIaruLa.... r i , TOWNOf ClTT IONI ITATI Employer t Address......._ ........ ...... ................................ .................... ITIIIT AMONUUICA Name of Insurance Carrier... L id * . Insurance TOWM 0 * CITY ZONK Carrier's Address...................................... I T I I I T AMO MU M i t I IT A T I CITT ZOMI IT A T I Employee's namt.n ; fT^ v. . ^ y '^ ^ ; X X ^ ----- ----------- ------ Employee's date of birth. "4 , - 9 2 ................... Employee's occupation Date of your injury ....... 1 9 L / ~ 1 9 5 4 ....................................... at time of in ju ry .-- . A b S & 0 3 **>*>0** - ....................... Place where injury occurred-- T i i & C i 3 C O ,CaJJL.*-...................... When did you leave work as a result of this in ju ry d l g f t f c f t K l h o / * 3 0 - 1 9 5 3 ...............-- U ctvhM ' 1 9 , 19>4 How did injury occur.. -fe,T -W4*A^<- 4 )- i wWb- uL- 1 Utt&it. Wlut part or parts of y o u r body were i n j u r e d ----- ......................... ........... ..................................... ...................... ................................................................................................................................ Tull or part time work When did you return to work . ^ i t - i l i - -ii - and at what wage------ .... Your wages or salary ( before deductions) SHtry-LWU&s - .. per hour or $ ............................. per week or $................................ per month. If paid on hourly rate, how many hours did you work per week... .............................................................................................................- ............ Did you receive any of the following: Board? Yes C3 No L ] ; lodging? Yes Q No Q ; Tips? Y f s Q N o Q ; Other advantages? Yes Q No Q State their w eek ly Value $ ---- ------- ----------------- . 1lave you been paid any compensation? Y c s Q No [ X How much $ .. _ . . . Weekly rate of payments $........-- . ** TOTAL AMOUNT Date when last payment was made_______________________________ , 19...... . Has the employer or the insurance carrier furnished you with any medical treatment? Yes Q No J . Date when last treatment was given____________________________ , 19--..... List names of all doctors who have treated you and who were furnished by the employer or insurance carrier........................................ -- ... -- 7 ..-- tforiverst Vf ct TDntifomirr--- -------------------- -- Have you obtained any medical treatment at your own expense? Ycsi ] No {_]. List names of all doctors who have treated you at your own expense..................................................................................................... Arc you claiming any of the following benefits (Answer Yes or No) : (a) Temporary disability payment________ ' YQQ ___ ________ (b) Permanent disability payment, (c) Further medical treatment--------------------------- TB3"____ (d) Cost of your medical expense. (c) List other benefits claimed and not mentioned abdve__________ yes Have you ever before Jj led a claim with this Commission? Yes Q No Q . If so, when was it filed______________ ___ X ' l f i i . i ri A. . ' A . - T . a J j B IF l X T A T (V t 01 AT T O IH IT TOI ATTUCABT -t Ln~.:.:clA~i 'i C A O O If o I cTaCu o t L 2 2000 / V - H - lCe . simniiAT _&___ _____ ( N A T U Il Of AfPLtCAMT Dlle .. - Trrnrrrr-* -- -------- -- 19J...5.~ TtlXPHOMI RUBI! I N O T E -- H E A R I N G Ait th. h u kx 6l*d u h i U UJutti*i Accidxiu Com mi .1100 ih* p i r i i u will U notified ia it #/ th* (tat* m J ptic of h tt r io f. Enlur jurty mr h* fprt*ntd m pi i w n , by t<torn/ f, or other i( rn(. A N S ' i M I h d ( /< n d . a ( 11 1 1 pee t J t o h i * 0 i t i * t r ! 0 <1t y i l i t e r M i t M i n j t h e m i n t i t u t c i t t . r r 1 p n - p e t i y c u n . e . l i n t h p p l i r 1 1 i o n , no i n i w e need b * M d b y invplovrt ihenjiii n i 'li f y th* e t t u t t i m m e ju te y m th* proper m i c b* fild. I { n p y ,.{ t h u pp'n at m n , h* tm p la y c e , 1. t h * t U u m > ( t h< f n m fu s i n h r J f n f l x J o n * b y >h t i i r n i i b u t (list put I f t . M e m L n t e m p i o y *t 1, I n s u r e d i f lit* m iu r in c * c i m i r li ntU nirnd, tho t l x DATS OF SLAVIC! suiviez on ? H*i JACK CUTMBLKT20N XAG ;{ 161-470 H a t of Lraployar3 i'lont Lubber & Aabestoa Works, $309 Horton St., Laeryville, Calif. Western asbestos Co., 675 Townsend St.,Son Franciaco,Calif J. T. Thorps k Son, Jjdaeryvilla, Calif. Mundet Cork Corp., 440 Brapnon St., San Francis co, Calif Cork Imsulutlon Co., Can Frsnciaco, Calif* Artaatrong Cork Co., 1355 Market St., San Francinoo,Caiif. Plant Aabestoa Co., 5309 Horton St*. Bmoryvillo, Calif* LIST OF IBS PLAN CL CUMi'ANILS Travelers insurance Co., Latham Square Blda*, Oakland, Calif* Industrie Indemnity Co., 3$0 Jansoraa 3t., San Francisco,Calif State Compcnaation Ino. Fund 450 McAllister St., San Francisco, Calif* Pacific iimployers Insurance Co,, 3770 Piodnont A70 , Oakland,Calif* California Compenaatiun Insurance Co., 23 Coary St., San Francisco,Calif Before the Industrial Accident Commission of the State of California J'.CK CUTSkAtSUVf 55 S .F. 161-570 C laim No. r:.i.J.T RUjE AKii v -*.! * C<>P K . n s u a a :;., a nu w a v I.. . ili lump ani yjd, r*.ul/i KMT *T'it*.,.x AUG4.t*ja*a N otice of Time Applicant. _ and Place of vs. Further Hearing ARMdTUKO COH . PUY AflLTO0 f, d. T, tWO.iPK CcadPAhY. X.0aT.g[AJ. 'TICS lTiaUkAK C(Mr AUX *ad UCt, Defendant4 . NOTICE T O ALL PARTIES You are hereby notified that further hearing will be held in the above-entitled action at 962 U a a le s 2* ,, C l i f u r d , on -1.**. iobrurnr. 1956+ an 9*00 o'clock a a. K U l PAR, end alao K laelo a troefc0 Son h ra n a le e o , C a lif o rn ia , on th e 21 ait :T l^CliXfc-19>6t at 9*00 oclock 0 .. J & k J & J L . Dated at; E^esund J. Thrao*. dr, U .W 1 M O , C l i f o r a i a , i n d u s t r ia l a c c id k n t c o m Su ssio n thlft ?"9Vh day o f Ucccabur, 1955 NOTE; CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. SERVICE UPON: 12/29/55--** Seo attached 1 iga for wrrieis O 'y Ie' ,. r ^ * L / V- STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS IN D U S T R IA L A C C ID E N T C O M M IS S IO N * - JACK CUTUBERTSOH. Claim N o.. 161-070 VI. ?CA VT KUBBKR A AoBSfOS WOBKa^ f)\ al Defendant__ j SUBPOENA DUCES TECUM The I'eoplv of the State of California Send Greetings to: _ ....Personnel Man a g e r f A r m t r o n j g .Cork_Coaanjr_ I .>MMA ND YOU, That all and lingular, bpuncit and txcutei bring Uni f.i.ic, you appear and attend bffotc //>, INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA J/ 9 6 5 & 4 9 l Q n J 5 . t r e * . t a n T r a n c l s ? 9 4 C a l i f * ..................... .................... J ,, 20ta J ty o f ____*_______ 19 % , . t .13.0o'cloik. M.tthen and tlx n : m the a/tote rtttiiUd matter, now pending before the laid Industrial Ailideni Commission,on the purl of Pacific Employers Inanranoe C ompany _.. .. ;_______________ ___ _ j I t r a i -yiiu-brmn with you and then and there product the following deu ri bed documenti, papere, books and rrcmd'. ; Sa attached affidavit,. a,.,,,j fj:lu ,e Iq attend yon n>ill be deemed guilty of a contempt and iLble lo pal ;j oV partiel aggrieved all Utter and .t. 1 ' h 't J i n c i ! th, t< ><y and forfeit one bundnd dollari in addition thereto. V itn e n : INDUSTRIAL ACCIDENT COMMISSION OK 1 H r s i AT* Ul S A I I l K S N I A tbit , ^ * Y a y o f te V X r r n ,A.n iv 56. ,diTuiiy 16, a 5''6 .1 ` r u i i r v i r.t^v-.rver,' * tro e t, . . .ct^cv t ; , ' . I '. f o r a i * t '" i C U l a 'o. 1:`.X-T70 te.c.. r v t h > . - r t . o n v s ' n.: trony U i; w .. *r Jorxany `.i L-u r l r , e i. a : to if mu* . <-:tr.? rr, tint for V\<> ,v m /ra l 'l'irai*<'.r ' ' 'r . m '-r-i'.; : ( o n ; -ocijiftny *.-> u \ ,_ ij.u d ? . -'.'tj-v^rvR d ; .v ci L r w r / 2 , 1? '-, oftlv-. U <* ".(J* e t oub :\x r-i u a.i r e c l 7 c f t by . r i n t r o t ; . : -or'-. ' t>'.fi-'v ft'i '* ;* on i'eor'-A ry 1 ', 1 u r r ti*.e i n f o r - i i t n> < ic l '. L a i l s n \ t-!. : olT L ', w i.il u c r**<-m r , ; . 1 -> h .iv n t.. 9 > i'T o n .t i.'-:-. (*on Fr v.i <vir p o r*cv. i. r ' - o o r n\. t - ( . '- r , F ojvt. I r kr J a , a:* r a a ir.Atiift 1 1 ,-; tir* v . l l l t: d f o r t.V n ir. a m \t ' o n t o l<o a r .o ln i v U - d . i l a-dvif>i /o u UK' ;.r.:` r u . t i o u i r i i - 'I . U -1 , i ' **j vi* ~sly j o u r r , \ . r s 7 i ) 'n cr*n:: . /y Innulatlor. l i v t r l y r John `"vlor n tfltric t *rA,;r ' -C : J. i d . l i i t , Jr, ~t ! . U n ! ; ; ; , - -tr. r - v ' ia i-o l | j BEFORE THE INDUSTRIAL ACCIDENT CCMrflSSIClI OF TIE STATE OF CALIF (UNIA That ho i s tho a tto r n e y f o r th e d efen d an t PaclflO Employer* i| n U : II 1' l l i< .1 < | Insurance Company in the above e n t i t l e d in a tto r. That personnel Manager, Armstrong Cork Company he a in p o s s e s s io n or under HIS o o n t r o l th e f o llo w in g documonta which a f f ia n t d oairea to have produood a t the t r i a l o f tho above u n title d i'7'| a c tio n , to-vit: A ll records o t employmsnt of Jack Cuthkertson i! Including nature of work done , wages and periods of saploymsnt, j ' I i . T h at s a id recordn c o n ta in ovld o n ce w hich i s a d m lssib lo and n.atari'i 1 to tho issu o s in v o lv ed in the abovo e n t it le d a c t i o n the periods of employment and the. exposure s i allaged Application herein, determ ine^ on THEREFORE, tho a f f i u n t csko t h a t tho s a id I n d u s t r i a l A c c id e n t ! L ' ConrUrlor. lasuo l .uhpoona dirootin, -.id 1 Mn*r, ArMtron* r ' Cork Corporation , r to appear and a tte n d boforo s a id I n d u s t r i a l A c c id e n t Commission February 20, 1956 at 1*30 p*a* 965 Mission fltfeet, flan Francisco, C a lif, and to b r in g w ith him s a id docunonta horoinabovo d o s c r ib c d . o I iD i i S u b scrib ed and owom to b oforo mo t h i s 31*t day o f J a n u a r y . 195 I ________ PRAM M, MICuOLS NOTARY PUBLIC in ar.d f o r tho C i t y and County o f I S .n F r a n c is c o , S t a t e o f C a l i f o r n i a i g. n . m u l l s -----------i i U/oni JL2/29/ 55~ r of U p lo y a e n t, P. 0 . ikxx 1657, 0kU nd, u U f . jc ci'.u.Twfll IbLfa Ina* Co 3($3 Market .)tj * f* J'-oh ^uihb*r&&oa, Z2&> Kolbrock u r iy $ t vcineorrt, C * Iif, -Uh k ih rria b fy X6l6 Plni/icial Cntr 1., 0, klMul, o l i f . /C iIm. uboor , Avbeo&ee -o r* a , 5309 Korton * t . , c r y r i i l o , I l i . y ' vn t\c ^ n z Oork wo, IJ>4 Market J t , i, ' "y.'unsiot. work C o rp ,, 440 f&ina&a 5 t f / . <l n t Aabeatua Co, 5309 Morto e t , U a a ry k ill* , 0 l i f . afro tua Co, 675 Townaend >t, >. . J. .. rh)rpo k ou, j& c ry v ill , 0. l l f v u i i iu su lfc tio n ~w., XU xU S UiO.i.OuA - tir u ltr d A ecldent Inaurane i f / Laoniirr, Renna Orc-phy, 100 -uuk --t*~*f TrwYt-Ure Ina Co. U th a a ^q\ti.r 31dg, O^kUntf, l'-d iT . Inuu**s.riaX ln d e (* , 350 3aaaaa e t , j , r . ...tce /und, teroonal b m ee i i c i f l c np . In - 0 . , 3770 ^ld*ont >*, O .klan-), c i f . ,i**r.nn 4 J r o , h y , X00 dua4 ut , U, / 'uiion k. l l l p p l , 3 X3 1*.iL^oajory S t #l C > Vitnttt: INDUSTRIAI ACCI Ut- N T C.OMMIssU i: . U l- n i r M A T F U ! C A I II O H N : A f? / ?/ JfAt Before the Industrial Accident Commission of the State of California i'.CK U H ^ T S U J i , 55 SF. 161-570 C laim N o. a* Notice of Time AppUctrtt. _ \ vs. j IV..T Uj BAK A K'j a S M S T OS W W W . ARMdTOKO COfl ( ;W.i.ii.T COiil CU/J'Oh.'.VZCS, PIABV Afla&TQffl CvM' S T , ^LSTL'-IZjt ^ U a...70V, CO.'O'Aftf, J, T, TK0..PK 1 o n p nu a v..L<yii j v j i t j i . cowpasy. xh.iut. | al L ...jvil U.MIAW S T A U CaO'iBSATXCS ISSUKAYOS I yuii-M r-Mi/i Mi k)Tuci litauAacK cowrAM &a4 f T in. U ACCUualT I3U/SC 00MPAI3, DefenJgnt %. and Place of Further Hearing NOTICE T O ALL PARTIES You are hereby notified that further hearing will be held in the above-entitled action at L la flis s ww Sca j C ' ' I i f v r i a j on th f ijOxh ?<** t i-'ob r u m r . 19$6* at 9*00 o'clock a ,a . AU. end also 9^5 /iia c io a treefc. 3a f rn n e ie c o . C a lifo rn ia # on th e SUL .**r r T-?S.r\L?.nU-.19S6, At 9*00 o 'clock _ azJZ5ai..1 Diced at; Uu C a lifo rn ia , E^aund J, Thwi. in d u s t r ia l a c c id e n t commission.' U*i* d,y o f Dccaabur, 1955 NOTE; CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. SERVICE UPON: li/29/55-- ItoP 99 attaehad \ xga for orrim i*' Jcvtl^ Cu.-4 k * r-+So -, SuJzJ CSUi-- / X j - iM W aJUJ^- t w 4 G^X. CuJU^^^ ^ cAl '3~lfcflsg n >\ \ BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN PRANCISCO NEW ORLEANS MIAMI , \ X A r s '3>jrca* & A i ,.t c :x a :\;i:>!k : r INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET, BALTIMORE l, MD. May 8, 1958 TELEPHONE TUXEDO 9-A304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS "ALEXBLUE" Mr. W illiam L* Hughes, Manager Insurance Department Arm strong C ork Company Lancaster, Pennsylvania Dear S ir : T r a v e le r s P o l i c y No RUB-3386210 P le a s e n o te d i s p o s i t i o n made o f th e f o llo w in g c la im : Date o f A ccidents Abe. J u ly 14 , 1954 Claim ant: Jack Cuchbertson L o c a tio n : San F r a n c is c o , C a lif o r n ia Claim N o .: B-7585259 D isposition: $468.60 571.76 - Comp Expense Remarks: Very tr u ly yours, In d ic a te Whether: Workmen1s Comp. Auto. L ia b ilit y x B .I. P.D ._ ALEXANDER k ALEXANDER, INC. /ff. /J- LOSS DEPARTMENT f General L ia b ilit y 3 .1 . P.D. s jm / L A W o m e t Of EDMUND D LEONARD W AR REN L. H A N N A DONALD R BROPHY WALTER JAKOBSEN Leonard. Hanna & B rophy 100 B ush Street SAN FRANCISCO 4 YUKON 2 -8 0 7 7 IVAN A SCHW AB ROBERT H SCHIECK R O B E R T N. M AC L E A N Marcii V , 19 >6 1 J O H N A M A C D O N A L D EDWARO P MC ALEER \ HER B ER T C. JEN SE N HOWARD H JEWEL EDW ARO W. KO R A 8 Armstrong Cork Company j)34 c-lLiC i.Uo.U South Sau Francisco, California Attention Mr. Jotin 3. Taylor Re; Jaca uatnbertson v. Armstrong Cork Conpauy, Cianca:u Accident Insurance 'CooNjany, e t a l ) C 621193 Dear Mr. Taylo; The subpctn* oervtn on you by th>; lav fir.; of Mui.c.r aid Filippi ficiJ been iorvaraci c a t t e n t i o n by u r. P l a t t o f the Stania:L AcclCent Ina :i p a n y . 1 ..o tt i in t h e materiali forwarded m a t io in tm. croce ns of accumulating materiali vj t ne subject su booena, Tnis will navi ce t vjon noard and submitted. We would vuti tkukt you ignore the 3u b p o e n a . HHJteb cct Armstrong Corii Company Lancaster, Pennsylvania Attention Mr. R. C. Schiedt, Jr. cc: Standard Accident Insurance Company 417 Montgomery Street San Francisco Attention Mr. L. W. Platt fobruary 2 1, 1956 Standard Aoaldaat Inaarmo Conpoay A17 Montgcatary Btroot San Franaiboo i, California Qanti ant Attention Nr. John. Hallor 8objoti l SLla fa 0 622190 1 Aasurodi Armatrong Cork Oo. i GLalamti Jack H. Outhbartoon S/A* Cnkaonn V aro alolag a fabpom* raaaivad froo oar m frmo.laoo offio la anta tian with tha alala of Jock S. Cuihbartoon, 4 a 00py of a lattar vrltt by our Diatrict Manager, Mr* John 8* Taylor, to tha law fini raproeeoting the Flt Rubber ft Aabaatoa Verit ahiah la ona of tha defendant in thia flaaaa rafar to oar prarloat corraapondaeoa on thia ubjeet, tha lataat of vhloh m datad August 12, 1955 la reply to your 1 attar datod August 3, 1955 Vo Kill appreciate your contacting Nr. John f. Taylor, tha PIatriot Manager of oar Son Frandeoo office, lotting hia know Just hat information vill ba required at tha hearing* fiinoe Mr. Oathbartaon'a wployMat 1th Aneatraatg elao occurred during tha yaora whan Travelara oorrlad our voricn* ooupaneation oororag, we preaone Standard loddant Inauraace Conpaay 1 meriting 1th Traveler oa thia ol*Am * Tory truly yours, ABM8TR0BQ COS OQMFAVX R. C. fohiedt, Jr. Insurance Ppartat AJf Eualoearea J. S. Taylor, Insulation Division, San Francisco BOTS TO J. S. TAILOR: In tha futurs will you pleas turn over any correspondre pertaining to this claim directly to Standard Accident Insurance Company's claim office in San Francisco, sending this offlco a copy of your latter of traasaittal. R. c. s. Inter Office Communication Armstrong Cork Company To R, C* S c h ie d t , J r , Insurance Departm ent, L a n ca ste r From John S. T a y lo r , In s u la tio n D iv is io n , San F ran cisco Subject Jack H C u th b ertso n S . S. #572-2^-8568 February 16 , 1956 P le a s e r e f e r t o our p r e v io u s correspon dence on t h i s s u b j e c t , th e l a t e s t o f w hich i s under yo u r communique d a te d J u ly 20 , 1955 E n clo sed i s a Subpoena, Claim No 1 6 1 -8 7 0 , r e q u ir in g our company to appear w ith employment re co rd s in c lu d in g naturo o f work done, w ages, and p e rio d s o f employment* T h is subpoena i s issu e d by th e law fir m r e p r e s e n tin g P la n t Rubber & A sb e sto s Company, wto, a s you know, i s one o f th e d e fe n d a n ts a lo n g w ith many o th e r i n s u l a t i n g houses The c a se i s t o come b e fo r e th e I n d u s t r i a l A c c id e n t Commission o f th e S t a t e o f C a l i f o r n i a , February 20 and 2 1 , 1956 I t i s our o p in io n t h a t p ro b ab ly our reco rd s are requ ested by th e re p r e s e n ta tiv e o f P la n t Rubber & A s b e s to s Company to v e r i f y t h a t our employment o f t h i s i n d iv id u a l was a good d e a l more e x t e n s iv e than o th e r con cern s in v o lv e d A ttached i s a copy o f the l e t t e r to the law firm re q u e stin g an e x te n s io n o f tim e in v ie w o f the f a c t t h a t th e in fo rm a tio n re q u e ste d has t o come from L a n c a s te r , and fu r th e r t h a t th e re i s some q u e s tio n in o u r minds i f we have to su p p ly t h i s in fo rm a tio n P le a s e a d v is e us on t h i s p o in t ; and f u r t h e r , we w i l l need wages f o r th e p e r io d s in v o lv e d as in d ic a te d in you r communique o f J u ly 20 , 1955, i f th is is in order. m Jo G. Murphy, I n s u la t io n D i v i s i o n , San F r a n cisco P .S. P le a s e r e tu r n th e Subpoena Document as w e l l as N o tic e o f H earing for our lo c a l file s --J S T o /h i.T w * r/ l , . F U U p i . . .. .c i. c c L# ' a l i f o r n i* '-I Cinta !o. Ite.. ? .'th > `r t .O i V5 'I&r.t r j ,, # r t i r b -Vi; <r.rt t % c>jbjx>*m - r._ iron.- tori: ionpany to ir mu* t *. t- ;t v.r 'vr. *' t i n e :\>r t'tu a un/ra n - <i o' th .. ->* iUr/ipur o ' j : Cork -ocip*r,y * a v" ...in*', i : ti. .~r -\ihpo0 r * d i.t d b rvir.r 2 , l ? " A . Bubroar^ an r o e a lv e d by . r it* rot;.; -o r \ * o ..>*;/ a t on i'ojar-Arv 1 ' , V " '', , une th in *'o r-n t in < .tau l e i',lax U a *, tb : j f i t c u , -V wt!X ue n K A f t ; , td h-ivw i, 9 '.* u>d i ' f >rr> t v ' -:' c*ar.'i3 i r v i o a r p n v r '- c o r ' .* a t Fooiur ir..r.ia# and " r^uHor-able ion;; .* ; t i n* v.111 i'-od f o r t h i s ir. o:tr\t' on t o i*o asada!, v U !, ! J_i advi;.W jxrx ...n 'bit ir.i'or"s*tton if: av il.U Le* / rv t r d y yuur;;, i:crrm c^ru *.1-v y . Insulation ' ivlo' or John J . ' `a .'lo r D is tr ic t i:*n*r -c; D, J, .cl. ; * d t t J r , , b ' j - i r i o * D * r t , , i , ! A u i '.y t ..-it. r . " in ~c i' BEFORE THE INDUSTRIAL ACCIDENT CCMMIS3TCN OF TIE STATE OF CALIF CRNIA CLAIM NO. 1 6 W 7 0 3! JACK COTHttlfSOI, | I li i 61 rt I 11 H *i n il That ha ia the attorney for the defendant Faeiflo Employers 13 lasurmc Company in the above entitled matter. U ! That prsonxMl Manage*, Amatrong Cork Company has in possession or under HIS control the following documents which affiant desires to have produced at the trial of the above entitled *1 a c t i o n , to -w itr A l l reoorde o f employment of Jack Cuthbertaon including nature of work dona wages and period of employment. 11 :' * i! il '.0 i! That said recordo contain evidence which la admissible and m a t e r i a l to tho i3.nuos i n v o lv e d in the nbevo entitled a c t i o n t o ^ e t e r n i t i e ^ the period of employment and the exposure a allaged on application herdin. i THEREFORE, tho affiant cska that tho said Industrial Accident ! % Commit:-ion issuo a subpoena directing said Managerf Armstrong Cork Corporstion r to appear and attend bofore said Industrial Accident Commission . < ?n February 20, -1956 a t 1*30 p*m, at 965 Mission s tfa o t, San Francisco, C a lif. ; and to bring with him said docuaenta heroinebovo doacribcd. --------1. w . KOLiaar C j h s c r i t n d and sworn to b oforo . 1 m.o t h i s 31t day of January. 19 5 J& \ _______ ORAH H. KICnOLS N0T/J1Y PUBLIC in ar.d f o r tho C i t y and County o f C.n Franci sco, S t a t e o f C a lifo r n ia 1 I ,VICa UK* I U /2 9 /5 }~ "N r \ y -- ^ c -n ** * - Ir. o is P5* T> #- ^g W o*er B H' w> V S Hi-i VfCt * -- tC '* 2 r *e r3B Hi f " t"fl A o * r c^ P*.r3fi P <*ir ** A' 0 < r " r->*n r r*c* r tr .' 1 i no^,o>- ? * . S f * * 0 c. ar c a o ro cP oern>prr a*iI *-* K-a >-*T0**1 0 f tt ar0 r H 0 D rim c *<~-O l l i f o C-* 0o0rO 1n r scw * o o 0 5* I- C P C C < -- - O w -- w W 'W w t * tli* *< b0 0 O ---- * - r. t *r 0 c * I i 52 f r ii f t I J s ^ V P SE a 9* u* ir B a. 9 3 9 r. r - 3 *s < u KtK f c & TA TE O F C A L IFO R N IA D EPA R TM E N T O F IN D U S T R IA L RELA TIO N S IN D U S T R IA L A C C ID E N T C O M M IS S IO N & A. ^ ^ JACK CTHBER30H, . \ C u . .A - 8 7 0 ^ Applicant..., 1 V<* / ? U N 7 RUBBER * ASBESTOS WORKS, ( x al ------------------- -- | Defendant., 1 SUBPOENA DUCES TECUM The People of the State of California Send Greetings to: _____ Personnel MiM iW y Armstrong Cork Company i I Cvi.MMAND YOU. T h a t til and singular, bjninrst and e x c u s e s bring lore ? :idc, yon appear and attend before the INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 965 aissicnjBtxM t Sen Praaciscp, C a lif ........ , ....... ......... ,.,i, 2 0 t i l J t y 0f ______ _______________________ _____ * .......... ........ , 1 9 5 6 t t . 1 * 3 Q o 'c lo (k . M ,, then and tbe*t !.'/'> tn ttif above entitled matter, now pending before the said iNOumiAL Accoent Commission, dk the part of Luciric Employers Insurance Coapany....... .... t 1 . at )in i-rina with you end then end tbeet produce the following described documents, papers, tanks end H a n d ', See attached a f f i d a v i t , ...... ........... in ; >' j f a ilu r e t o a t t e n d y o n w i l l be d e e m e d g n t l t y o f 4 c o n t e m p t a n d `. H e n - />#> . j </v p a r t ie s a g g r i e v e d t i l L u e s arid * ..v i n -tjim - t/ t h . r, b y a n d f o r f e i t one h u n d r t d d o lla r s m a d d i t io n t h e r e t o . VTitness: ,m . I N D U S T R IA L . A C a i J l N 'T o f l i i r >.i * T r u: i .m i i w h n : * JLd. ,,1 Aca/t-<ef-. f^rrr* , ,, 5*. Cammtuo**r. .w**ad*f. A**.-- -y / ' ' /T M Before the Industrial Accident Commission of the State of California 'CK UiHJttSOI, \ 55 SF. 1 6 l-m C l a im No. Applicant. _ vs. UadlR AK.; AftiSKi *OR*Ja ARMSTiiOM COMA ;*3.riiT COUL COr^OhAVIS. F U I V cc-vr s t , f is t u u a:*u w ?v; co* u t , j . t , t o .pk A i,. Su . and -tftAVJUfci JLuiUHGh COWAIfT. I U U U M I . . . UMPAWI 'S T A U COXFiftlAnC* ltUKAyCS u*, r ,u X /ia imp i v i l m jUiu a h c * ccwrxAi s*4 . t ' c i A v ii^ T lii/SCS CCM ?# DefendHt4. Notice of Time and Place of Further Hearing NOTICE TO ALL PARITES You are hereby notified that further hearing will be held in the above-entitled action at 9& ttlaato* 3 *r*-*t, *n Jbraaslsao,, C Xifu r t i* , on to o #HH ?<- : h'/kruia* , ?--i---w--- 10 a*, ala, pa Riselo* trtt San Franoisso , *--t--9-)-0-0--o--*-cl-o-n--k a-- J M L M ad a ls* Cwlifo m is, on tils 21 st oi,n 1-A.ioi sso, U- l l f omi a, Uis 29%Ji d.y o f tf*s*abr, 1955 rtwuiid J . The., J r , INDUSTRIAL ACCIDKNT COMMISSION NOTE: CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. SERVICE UPON: 1 2 /2 9 /5 *-- * * attaehad 1 i f * for arris* itx h ^j _ Z~) _ }-j ' t ^ - z,4--sr^r } - S' - - L_ ^ I \.^ ^ i - S'o ) u -'tu- / ^ - z -3 -S* C ) ^ iT x -^T 4 - - * - r - / ^ ) n5") * ut*-h'*~ 4 - -z 'j-s ) I ' M Kl * 0 1* \s \ i.i r Z,So V't-'ZU.jh: ' 4> l- V - O ^ *. .5 * 4 ^??^r7T O 1 'f . yts ** C u- --cii "L D JC " V V \ *- Aafoot 12f 1955 tartari Aoartant Inaurano flnapony 417 NoatfQaoxy Atroci 0 franaiooo 4, Qolifoxni* Qantlaami Attantlan Mr. John Hallorat Sabjooti flirta #96 0 622190 l u o m li A raatrang Oork Oo. f l i r t a r t i Jook B. Outhbcrtaoa V i* Cnkaoie In roply io Tour lottar of inguai 0 rognrdiac forte H. Cathbortaoa m rooorda ladioata ho vorkod oat of oar flon fraudano offloo 0 on oobootof wozkor art hod nothiag io o lth onr aunufootariag oporotloa ot South Goto* fho andoromonia m d Oootroot #30221 you aantlon pply to oor Loa infoio offloo art do not IstoIto Jook H. Cuthbortoon. Fror io July 20, 1931 hi bourly roto 0 |230 iftor July 20 alo roto lnorooiod io 9271 Tho mateaury oork vok 0 40 bour oith oooortoaol orariiao. Vo truot tho oboro oororo oli tho quoatioao roiood in jour lottor of iugoot 3 fory tarali your, AMK90BQ 0 0 COMPIVI 1* 0 Sohiodt) Jr Inouronoo Deportami 0 H Jfl Ch4i/mn in R H P l a t t s Pr*.dnt R S 8 R O W N V tc * P r fi 5 c tm tsty L K K IR K Vx P tt( & T re a su re r J P M A C K E R , Vi c P r * i o n t UCJ P A U L . W I L S O N . Ve P r .d n < E A W A R N I C A , V ic P r M id t n l P E L A Y H O N . V.C P r # . < W n d G n r l Coun#l H A W H I T E . V ic P r id n f Standard A ccid en t Insurance Com pany RO Y W S M IT H R C iiO S N T VlC C -P R C aiO K N T CASUALTY I NSURANCE FIDELITY AND SURE T Y B O N D S San Francisco branch Office 417 M O N T G O M E R Y S T San Francisco 4, C a l i f . P h o n exenooK2 -4034 A ugust 3, 1955 Armstrong C ork Company Lancaster, Pennsylvania G en tlem en: u ' Re: Claim 96 C 622198 Assured: Armstrong Cork Co. Claim ant: Jack Cuthbertson D/A unk. I n co n n e ctio n w ith th e above c a p tio n e d , \h i c h i s a c la im made b y C u th b ertso n f o r b e n e f i t s under th e Workmens Com pensation Law b eca u se o f c o n ta c tin g a s b e s to s is in th e course o f h is employment w ith you and s e v e r a l o th e r em ployers would you p le a s e a d v is e th e w eek ly wages o f Mr. C u th b ertso n w h ile he was in your employ. I have co n tacted your San F ran cisco o f f i c e fo r t h i s inform ation and th e y have inform ed me t h a t a l l r e c o r d s axe a t your L a n c a s te r o f f i c e . W i ll you a l s o p le a s e a d v is e which p a r t ic u la r o f f i c e th e claim an t worked from . Our r e p o r t o f co verage f o r th e y e a r January 1 , 19*+9 t o January 1 , 1950 in d i c a t e s t h a t b y Endorsement No. 1 9 7 5 7 1 t h a t Arm strong Cork c a r r ie d Workmens Com pensation In su ran ce w ith com panies o th e r than Stan d ard A c c id e n t In su ran ce Company f o r o p e r a tio n s con ducted by Armstrong Cork a t or in d ir e c t connection w ith m anufacturing p la n t a t Sou th gate, C a lifo r n ia , Report o f coverage fo r the p erio d January 1 , 1950 t o January 1 , 1 9 5 1 b y endorsem ent 20785*+ i n d i c a t e s th e same s i t u a t i o n re g a r d in g the above m entioned endorsement fo r t h is p eriod o f coverage by Standard A ccident Insurance Company. vvi9 / <pr 1 u i\ The January 1 , 1950 to January 1 , 19 51 coverage a lso has endorsement no. 528855 i n d i c a t i n g th e p o l i c y does n o t a p p ly t o th e f o ll o w in g : M eyers B r o s ., 3**07 San Fernando Road, Los A n g e le s *+l, l i f o m i a . C o n tr a c t 38221 - Work perform ed f o r Union p a c i f i c R a ilr o a d Company. The report o f coverage fo r the p eriod January 1 , 1951 to January 1 , 1952 in d ic a te s t h a t by endorsem ent n o . 585*+37 th e p o l i c y w ith Stan d ard A c c id e n t In su ran ce Company does not a p p ly to Myers Bros.3*+07 San Fernando Road, Los A n g e le s, C a lif o r n ia . C o n tra c t 38221 -work perform ed fo r Union P a c i f i c R a ilr o a d . A lso by endorsement 2 16 8 9 *+ on th e same p e r io d o f co v era g e th e em ployer w arran ts t h a t h i s l i a b i l i t y under th e Workmens Com pensation A c t a r i s i n g o u t o f th e o p e r a tio n s con du cted by him a t or i n d i r e c t co n n e ctio n w ith h i s m an u factu rin g p la n t a t S o u th g a te , C a l i f o r n i a P lane! Insurance Company d tro it Page - 1 - Standard A cn d tn t Inaurane C om pany D etroit Pilot Insurance Company. Toronto Page - 2 - are insured by insurance companies o th er than w ith Standard A cc id e n t Insurance Co. A long th e se l i n e s c o u ld you t h e r e f o r e p le a s e a d v is e w hether o r n o t Mr. C u th b ertso n *s employment w ith Arm strong Cork, came w ith in th e re a ch o f th e above mentioned endorsem ents. For t h i s reason I would a p p e c ia te your forw arding to us a l i s t o f th e company o f f i c e s o u t o f which Mr. C u th b ertso n worked and a l s o w hether o r n o t any o f th e s e o f f i c e s came w ith in th e purview o f th e above mentioned endorsem ents. Thanking you f o r you r c o u r te s y and c o o p e r a tio n , I am Very tru ly yours, JH:k JOHN HALLORAN Claim s R epresentative V-L. P. SHRIVER AGENCY, General Agent 1801 U N IO N BANK BLDG. PITTSBURGH 22, PENNSYLVANIA July 21, 195$ ihr. :t. C. Schiedt, Jr. Insurance Lepartment ..rmstrong Cork Company L a n c . i b t f ' r , fenn.\>ylv.- n i a jear hick: n e : .Jack i . J u t h b e r t ` on Thanks for your letter of the 20th, en closing photostatic copy of the hearing schedule at r : n F r a n c is c o i or September 7, 1955 I have forwarded same to the htsnuard Accident Irv urance Company " o g e t l u - r w i t h t h e i n f o r m a t i o n you -a.ve i n your letter. Thanking you for senjing this on to us, ana with kindest personal r. girds, I am Very truly yours, :r-.aw \ ' W 7 20, 1955 Mr ! IU Shrirar T L F. Ihrliw AfWMgr 1CQ1 Onion Bmk luUrtlng Pittsburgh 22, Ft. Oonr |n finbjooil Jaak 1 Outhbcrtson 8oUI rarity #57-24-85*8 SraMUra fiXo 0-75*5239 0r 8m F n M i M offloa ha ritti to as ragtrrtlng lais filad by ano f oar toxmr aaployaaa, Jodi 3 Cttthb#rtaon, Social Sari*r #97MM068* iMordo indiat# b# w i k d two iraafca in 1949 rlrtan v#ka in 1950 fifty VMk in 1951 fwrty^nia# oak in 1952 tortj^tlrc vaaks in 1953 ami taantyw nin vaaks in 1954# quitting July 14 1954 411 of hi aploynnt ooeorrad in California V oro analoslng a phototati aopy of a hearing ati#dnl#d for 8ptnbar 7 1955 at 8 franelaoo Standard inaidont vili probably oontaat Traralar* adjustar in San Prneis##. Bovorar if you r#quir# additional information lat o know Tacy truly your 1 O. Shi#dt r iff loaLaanro Mr* J. X fannon Ilaridar 4 Alendar, lac,, 503 8t* Pnl Pia#, Baltinor# 2, Md ( 2) Mr lohn Valla# Sh# TraovuUrs Insana Oonpany, B n Frnoiaao, Calif John a* Murphy, la-- lotion B1vision, 8 fronds-- 1U 0 Sohlodi, Jr*, Insnraneo Dapartnant, L-- tor J u k H* Oathbortson Sodal SMul^r #572-24-656 JUjr 20, 1955 iOLHABk Oar ill-- prod-- tho follovinf rooord of onploymont for tho boro nanod uteitM wdnrt 2 --oka 16 vooks 90 --aka Ho voric 49 -- ok But to strife# Quit 7/lV54 0a Xxhlbit ft vo ho-- llstod all tho ODatraot author on vhish Oathbort-- vmdcod faring tho -- lonriar yosr 1955 la addition, vo ha-- litod oaoh fi-- al payroll vook during vhiah ho night ha-- voricod ono or ooro days* Tho Insulation Division informs ns that all oontrmet -- agnosia oo-- ring -- opt tho-- naricod othorvlso tihibit #2 ladi-- t-- vith vbon -- had tho oontraot and vharo looatod in California# Exhibit #3 lists s o m of tho non vho voricod vith Cuthhortsoa on tho oontraot# iadioatod. Vo boliovn your rooords vould iadioato tho noro rooont addros-- s of tho-- non Although you roquootod similar iafoxmatiaa for all of Guthbortson's onploymast, tho obo-- applies only to tho year 1953* Conoidorablo tiao v-- invol-- d in obtaining this 1953 infomotion, nost of idiioh had to bo tokon dir-- tly froa tho payrolls* Vo, of oourso, vmt to supply T-- lors vith all tho information no-- ory to dofond a olaim of this kind. Ho-- -- r, In tho vrltor's axporianoo, vo ha-- no-- r boon askod to supply tho dotailod inibrnation roquostod by Mr* John Valla-- * John 0. Morptaj 2 JtOgr 20, 1953 V hart noti*!*! oor taokor, T. L ? Shrlror igmtj, roproosntlm Standard A o cld at Inaurano Ooapeogr, jogordlm ^ <^t JJ* Mr. J. S. Aloaidor & Alexander, Ia , 503 St. Paul Plooe, Belttouxo 2, Md $ Maoorandua ln Duplicata (with enclosures) O t t t m t ! M k tediai tei &i 1/23/ iteSSL VV53 1/23 2/22 3A Va Vu 3/22 V? i/12 A/19 Vw 5/17 U 739 7/5/53 7/12 Jim . 1/V53 l/H iflSL V a/53 &L VU/53 Oozfe Oovwrlai il 2/11/53 2/L 270001 6 /W 53 Oatiwt lo* teak tediai tei V a/53 Va 2/ 1/53 Va VX3 V? 3/15 V 29 %V 26 V 24 V U /2 V? VU V 23 9/6 I V 15 11/22 H /29 IV6 IVI3 I V 2O 270021 B U I I/2V 53 Va Vl3 2 /2 2 VI Va V 22 V 29 4A 2 5A 7 V? 7/26 VU V 30 9/6 A iVa 1V 6 1V 20 W27 W53 Ooxfc- board 27P0gg 270091 V 2V 53 Ceraie Oevarlai V 2V 53 270101 270137 VV53 llbr Lui 7AV33 7A9 i/a C ontrast -J&a__ 4*553 M9 I8ZL 351 are 270001 270005X1 270041 270043 270045 270069X2 270093 270101 270157 S&iliaal S t t Tasas A. 7asio, Oakland J. E. Pinkerton 0, 8. 7. Anderson ft Bass, Too*, 8. 7 Ectonf-Soltlao, Ins., 8. 7. Kddisnha Ch., 8 m Katas Bresduagr Pliabins, 8. 7 Atlas Beating A Tentilatiag Co., 8. 7, Csorge I. Mcr&ols, 8. 7. Co., 8 7 HsaLmshsa Cs., 8. 7 Cahill B ro s., 8. 7. 2b r&Laas Eaixy EiXivery, 8. 7 Bastata PlxsaMrg ft Seating, 8. 7. S:ts2'?y Ccmtj PtaSsing Co., Oakland Salon Oil Co. of Calif., 8. 7. Sqpa Stata Rospttal, Tacila Bgm Jr. Hlh School* YaUaJs Stata Deparfe&mt, 8 7 Sfcffstt Fidi, 9. 8. Axaj 353an To^aflhip Ehsaltai, Castro TaUgr djrayla School, Tallaja Ste Township {ospitai, Castro TtLUgr Eaters Point Bousing, 8 7 Tnorls Air Tbrca Bass, PalrflaLft Travis M r Tores Boss, PalrflalA 8. 7. B m l a g Coif., 8, 7. Bosrs.8aa Dairy Callvary, Oakland Sacrosanto TaUy Traafisittsr Station, Vinter 9 8. isgr Air Basa, Camp Beala Chian Oil Co. of Calif., Olson Raflnary, Bolso Armstrong s' CO K C O * A Ni V John 0. Murphy, Insulation Division, San /raaclioo B. C* Schiedt, Jr., Inaurano Department, Lancaster Jack H. Cuthbertaon Social Security #572-2V*56 July 20, 1955 k m MITT, Our filet produce the following record of cployment for the abor naiad aabaatoa worker* 9/27/49 to 10/5/49 9 / 0 0 to 12 /22/50 12/ 23/50 to 13 /2 1/5 1 Out 4/3/51 to 4/23/51 12/22/51 to 1 0 0 2 Out 5/ 9/52 to 6/ 2/52 1V27/52 to 12/2JJ55 flat 9 / 0 3 to W 2 V 5 3 105/53 to 7/14/54 2 weeks 16 weeks 50 weeks Io work 49 weeks Due to strike 45 weeks Sick 29 weeks Quit 7/14/54 On Exhibit #1 we hay llatad all tha contract nunbara on which Cuthbertaon worked during tha ealandar yar 1953* In addition, ve have Hatad a&ch fiaoal payroll week during vhieh ha night hart worked one or acre days. Tha Insulation Dirialon informs ua that all oontraota war nagnaaia oorerlng aacoapt thoaa narked otherwia. Exhibit #2 indicatea with who ve had th contract and where looatad in California. Exhibit #3 liate some of th nan who worked with Cuthbertaon on tha oontraota indicated. Ve ballere your record would indicate tha nore recant addreaaea of thaaa nan. Although you requeated ainilar information for all of Cuthbertaon1a enploywent, tha above applies only to the year 1953 Considerable tine waa involved in obtaining thia 1953 information, noat of which had to be taken diraotly from tha payrolla. Ve, of oourae, want to supply Travelera with all tha information neceaaary to defend a claim of thia kind. However, in tha writer*a experience, ve have never been naked to supply the detailed infor mation requeated by Mr. John Wallace. lohn Q. Morphy 2 Joly SO, 1955 V har notified our broker, T. L P Bhrlrer Ageaoy, representing Standard Acaidant Inaorano Coapany, regarding this olaia. AJ? fiialosare Mr. J. X. f m non, Alexander & Alexander, Ine., 503 St. Paul Plae, fialtiaore 2, Md. (2) Armstrong CO** C O w< * A K 4 V John Q. Murphy, Insulation dvialou, San Treadsoo E. 0* Schiedt, Jr., I u u m t t Department, Lancaster leak H. Cathbertsoa Soaid Security #572-21-*56t July 20, 1955 1TM MiTL Oar ill produce tho following rooord of employment for the boro named asbestos workers 9/27/19 to I0/ 5A 9 9/<y5o to 12/ 22/93 12/23/50 to 12/ 2 1/9 1 Out i/3/51 to U 23/ 5I 12/ 22/91 to I2/2V 52 Oat 5/ 9/52 to 0 / 5 2 107/52 to 12/21/53 flat 9/ 2/53 to 1 0 /2 0 3 105/53 to j/Ui/51 2 weeks 16 weeks 50 weeks Ho work 19 weeks Sue to strike 15 weeks Sick 29 weeks Quit 7/H/54 On Exhibit #1 we boro listed 11 tho contract numbers on which Cuthbertaoa wzkad during tho calendar year 1953 addition, vo havo listed each fiscal payroll voak during vhioh ho might have worked ono or store days* Tho Initiation Division inform u that all oontraota wero magnesia oorszlng cxoopt thoao aaxJtod otherwise. Exhibit #2 indioatoo with whom vo had tho oontraot and whoro loeatod in California* Exhibit #3 lists com of tho mon who worked with Cuthbortoon on tho oontraota indicated. Vo believe yoor rooord would indioato tho son rooent addroso of thoao man* 11though you requested lmllar information for all of Cuthbortoon*a employaent, tho abort applies only to tho yoor 1953 Conaidorablo time vaa inrolred in obtaining this 1953 information, moat of vhioh had to bo taken direotly from tho payroll0. Vo, of course, went to supply Travelers with all tho information necessary to defend a claim of this kind. However, in tho writer1a experianoe, vo hare never boon asked to supply tho detailed infor mation requested by Mr. Join Wallace. John G. Murphy - 2- July 20, 1955 V har# notified our broker, T. L. P. Shrlrer Agmay, repreeentlng Standard Aoaldent Inearen.ee Company, regarding thie olein AJP Iboleearee Mr* J. S. Pennon, Alexander & Alexander, Inc, 503 St* Paul Place, Baltimore 2, Md, ) M 4 1 /2 3 /5 3 V V 53 1/25 2/22 Va V l5 V22 V? 4/12 Vl9 5Ao 3A7 ifiZ& 7 /3 /5 3 7/LJ ifiOL 1/V 53 O /U ittSL 6L V 23/53 W 5 3 Ooxk (brulli 1&P9 27DQQ1, I/II/53 6/14/53 via V a /53 V 29 W 53 Vi VL5 Va 3A 5 V 29 V? V>9 &V 26 5/24 v u Va V? Vii V23 9 /i 12/15 II/22 11/29 12/6 Vu 12/20 ZZ941 1 /2 2 /5 3 Va 2/15 V 22 Vi Va V 22 V 29 4A2 3A 7 Vz 7 /2 6 VL6 s ?u/x 12/ a 12/6 12/20 1V27 2B U V V 53 Oaxfcbord ZKtm 270091 V 2V 53 Qoxk O v w lii V 2V 53 2 7 0 in i V V 53 F lb r*. U 27Q lf7 7A V 53 7A 9 ll/a Contract te-- 46553 46699 47 46321 46391 46379 27OCXII 270005X1 270041 270043 270045 2/jG6?I2 270093 2701GL 270157 flBlfcPM&JSk J j o w A. ftOf Oijd J* H fixiertem Os., 3. Fa Aadsren ft I&Sa, ft. Fa torf-3tile, Ino, 3a F sdestaLm Os., 3 Mateo Brasimgr FliMaf, 3. F* Atico Beati* ft Ventilati* 0., 8a fa Caewgo 3. Blcohol, 3 F# Kedaetaa Ca, 3 Fa EaCLmdieai Gs., 8. Fa Cahill Bruju, 8. Fa Si-ixaj BaJjgr B^lvozja 3# Fa Mostaza Plmbta* ft Eoatla*, 3. Fa feat&TS7 Coaatgr PlmM* Co*, OedcaA Colon O U Co. of Calif., 8 F* fcmttaa Bap 8Ut* Qaapital, Ianla Sbgm Jr* Hiah School* Vallojs BUt Bapsrtomt, S* F* Hoffstt FULif 9. 8* Ar*y Sim SbuEUfclp 9aspital, Castro Vallar OlyasAo School, Valisi 2 3 m Som ship Boapital, Castro Tsllqjr Buntors Point Boosing, B. F. Travis H r Vbres Bass, F&lrflaLA Trails Air Tro Bass, Jalrflsld S. 7, Bnsviag Coup., 8. 7* Boar&asas Dairy DaLirsxy, Oakland SacrsoMoto falley Trmsaittsr Station, Viator V* 8. Assy Air Bass, Casap Basin Halos Oil Co. of Calif., Olona Baftaaiy, Boiss HuU UMlA u& m . 4m65o53o i&m 270041 46699 HIhard 270041 270043 46699 Hobart 46699 270043 270093 46699 270041 270045 270100. Himgr A m u m Az 270043 46699 270041 27006922 466S. 270000. loyal 81 *111 270043 270137 270041 John - PMI 270137 270043 OMimt te, iM k ta ita * tato t l 3/25/93 iBL 1/V93 3/25 V 22 3/f V15 j/22 V5 AA2 V^.9 5A 0 9/17 taSBL 7/ 5/93 7 /U itO L iA / 9 3 i/U 4/21/53 VU/53 Oox* Oortrla* S2Q Sh l/n/93 V W 53 3A< O M tm t M * taU* tato m am V 23/93 6/2 2toqi 2/I/53 2/2 2A 5 V* 3/15 V 29 Vj &V > 9 V 26 4/U 1/2 V9 V 23 V2 UA5 13/22 13/29 12/6 I2A 3 12/20 02041 22B0A I / 25/53 V 2/15 2/22 3A V* 3/22 3/29 Vl2 *7 Vr sa W 93 Oaxk- to*rd vf S 13/6 13/20 I2/27 9/ 24/53 OoA Oovvrl&f 2/23/53 gW lfll 270197 9/3/53 7A V 53 Vibra 7A 9 U* 11/ Castraci .fea.-- 4*553 &09 &n 46aa asi 4*079 270001 270005X1 270041 270043 27004J 270063*2 2700^3 270101 2/0157 Cn&tract W t h roas A. Fasto, Oakland J. K. Pinkerton Oo., 8. F. Jaiorson & Bava, Ina, 8. F* Sstexfolattiai, Ina, 8* I K s Q s u h a 0., San Satas SMngr Plnablag, 8 F Atlas fia&tlag 4 FoetHaaf Co., 8 Fi (borge B. Wanhsls, 8 F. Kodanahro Cb, 8. F cdcsdKsa Cs, 8. F* Cahill Bzos| ft# F SsiTiai Bcirar m i t u x , 8. F. Festaro PlsssMag & Esating, 8. F* Basteray Ceaaty FlasMag Co., Oniciosi Galan Oil Co. of Calif., 8. F. lipa Stata Hospital, Inali Bagro Ir Blh School Vlici* Stata Saputtvi, S. I ftffitt Hali, V. 8* in? Ska fiRaihlp Haspital, Castro fallaqr OOjaple School, Vallalo B Towmiilp Hospital, Castro Tallir Banters Point Hooslnc, 8* F. Traevi* Air toro* Basa, Falrilald Broli Air Fro* Basa, FalrflaLi 8. 7. Braving Corp., 8. 7 Boare&ms Ealrj Bellvaiy, Oakland Saexmeato Tallagr Transmitter Station, Water V 8. iaj Air Basa, Crop Beala Salem O H Go. of Calif., Olson Beflnary, Bodas IP 'K |l R Hl [I a ""X h- ^ ^ 5' Q i s U k J b - l * ^ ' T>^ li. a ^ - r3'Pt '' ;-2 " s t - * ir; 'S &-<\.'^ r i y -^ ls 'a .-7T i cc&'^'h.JU j t .1 il 1 li 1 * 7 )&>. <*o-4_ L 5 1 k-1 t j ^ 'L/L-w- 5 (i ^ y m Q^aM^. -rjjJ rr-y s K 3. ' * r - i'-V cr1? -i)"7i- PT*- 'fci Xr" "' M o V P U - I M ^ 2- _ y f o r S ^ -1\v- '2 b 4 t .iO j i .i _ ;I >, j ^ , - 2 -1^ u / j ^ ^ (t?*^ 1 % t A4 ^ r f'- 't ^ '.^ 3 T < r .-4- C/'1 . ` ^ ^ ^ -/W . .yxJu. K` *? - ? ` f3 0- /r / 4 |j (A^-^[^-^'f[ 7 ^ M- t-M '7 '1 >! -1 ' L t ^ c^ )-j- ii') ;? ^ >7i^^u- 3] i! I l P v . ^ r A ;: ^;4:^C7'-<' *' *' -~ j. ;fr i- . i- > c P . . . -t^-ce i Si-i 3 -/-Ai u ? liL ) v~Tu*K 1) W 'I --.''7?^ ./v I (- X . Sl ; K ~ 4 '"n ` , ; -,-K Pti,, ->4 / l g f c l f t , rV j, \ 7 4 -^ p z ii ^ - V *T F1~4'>ijt t;C'PPtAf/np>'c /es?K - / ? & 3 -I -/ 7- $ *H3L V- 17 H -& Cc./dR<dL J/o ;c ^ r --r^' --f. / T ?7t 7 ^ Y /t~ -Jr* y ^ = - *(4 ? ? : ^Tncr 'Vlx ffT ~ V / ~ 3:7 7 r, . > -* - 1L ~i> ~irl r .. V 9-fr* T O 3 7*^3 4 r ff~ 7:c-o4 t -.Y t L rt : TO -`fz 't T O :3 "': ( T O 5-31 M t-// Aili f-G-t T O :7^c T O .. 7~fri7 3 r - . T O 7r-> 7:&-o * 4 t - TO . T O 2 t ___ 3 '. TOTO Jksoafc TOTO/? rf7 Le ZirtjibeTltphf f !Slot T O 7 T O IV * R\f^td / T O c - j i ! to J - t s , 1 t o i i _p.t> , / i ! t I r Uo-Ul.. linjfiK / i ,,Rickfir 4 Most IhU J \ k i Y-: v' . 7?/c./lI J MftfilM/ J 5J5- 3 - 7 397 .5TO oS-.l 397 " | r L $ i ssf. 3245 3o7. T O ? - .3-Ti r7 ^Fk i + v/ r /I .Uc r IA"" <1 T O a / M / l / y ^ i T | SS% T O T O ? i.r.h 3 I ' 1?bRR oMevO 3.JL]/s1cS 7<J>-/r fo a i ^WcR, U 4 - JkVds y G FferilH } 4 H - d` 3Ir 3/^0 I r I ' f- la ir JEJ*.IS.I zRfrlliUl ,553- 2 3/2- ' 1 ; : l/t ) \ -r/j,fd 'Tnp * - / 9 S 3 'f/* ' *\ I ' - Before the Industrial Acci4^^Cornrmsiori of the State of California C la im N o . 3.F. 11-470 Applicant. vs. PUNT RUdSC* kUu A S im tQ U WO.UW, a ^ T OUG CQ U CCXPNTt XUSDST COUX COHFOHATlJ, t U iiT ;.;B^3T03 COMPANYt 'SSTaKII ASBCSTOS CGHiAN, J . T. THOtPC ; A> SON and iJiSUriUiii CDMi m|7 lNuU~>TiaAL H ilaX h lT Y COr Ai*Y , ST .TS CXi JlDATION l^ U fL iC E FUSO, TaOIFIC XPLOIUtS IKSdii*;,1CE 00. and C .U>`0;iiiIA C0kI*aj,.T20fi 1KwU&sNC CG.irx , , j *Defendant Notice of Time and Place of Further Hearing N O T I C E T O ALL PARTIES You are hereby notified that further hearing will be held in the above-entitled action at 965 U sslo u S trast, San Francisco, California, on ths 7th 4*y of Saptaaoar, 1955, t 9i00 o*clock a., to conplota the racord Dated at: San Francisco, California, t h is 22n& 4*7 o f J u a s , 1955 iNDUS^SS^dfoEiliHSRAlisiiSii NOTE: CONTINUANCES AND FURTHER. HEARINGS ARE NOT FAVORED. SERVICE UPON: 6/25/53-^taP baaartAMt o f EaplofMnt, State of C a l i f . , ? . 0 :* 1457, Oakland,Calif, Ocoldantal U fa In*. Co., >00 Xentgeeery ut, S. F.-- John b, agratta Jack Guthbartaoa, 2264 Holbrook iarivo, uoncord. Calif. aith 4 Parrish, 1616 fin ancial wantar 14, Oakland, Calif Plant uubbar 4 akatoa Works, 5509 Horton ^ t., aarTVllla, Calif Ansatroag Cork Co, 1555 Markat it, f , Kaadat ^orkCorp.. 440 Brannan ^t*. - 7 Plant Aabuatoc co*, 5509 Horton dt. L&eryrllla, C a lif, Vostarn b a stes Co, 675 T<nmand S t , u, r* 4. 1. iborpa 4 Con, iLaaryirilla, Calif Cork insulation , icdrasa unknown Travolars Ins. -o., lathaa -quara Clog. Oakland, Calif Industrial Xndan.~o., 550 Sanaona - t . # F. Stats fund, raraonal Ssrrlea P acific *$) Ina. Co,, 5770 rlsdaoat Av., 0. klaad, O l i f . Laoaard9iU>nna a jrophy . 100 uah -6*. f . Pacific ap. ina. SHLllaa 4 M iip p i, 515 tfontgonary d t ., * FOftM400 <nv. a.i> 1 IO > 4 t o m * r < ? ! \H ro \ 4 S' / - ) "iS 3 } M^r~ V v r -e _^ IT ) -J ~ .~ /l+J+'J. >. ituz.)*<, - C V r t >-/ f= 11 - 2 3 U ,, .zi ,. ^ 4.-5 ti 4.-1-5 )-L ' 1iru-^ o''y 4 -i *3 -rts<r. ii-n ^ -- H ^tX/^'K j - ^ Z )0-- 'i. * Tu. S i . - I CJ. 2-^ Inter - Office Communication Armstrong Cork Company To Insurance Department, Lancaster July 8, 1955 From John G. Murphy, Insulation Division, San Francisco Subject Jack H. Cuthbertson Social Security #572-24-8568 I.A.C. 161-870 41is, ^*: \:955 Wt:i The writer is enclosing our file concerning a current claim by the above listed former employee. Please return these papers together with the information requested below. Mr. John Wallace of the local Travelers Insurance Company today requested a record of employment for the above con struction employee. This list should indicate period of em ployment on each contract, contract number, name of job, and location of job. He would further like to have names and addresses of other employees on each job for the purpose of establishing the working conditions. Mr. Wallace also requested us to send a letter to our insurance carrier for 1951 (with a copy to him) advising them of this claim and asking them to contact the commission for the date of the next hearing and to represent us at the hearing. If this is in order, please advise. MR E n e l* A f) 7 ' t fstK ' Form 3377 8-46 ijj.t . Marah 23, 1955 Xr* / X* Fauna* Aleomder & llaxandar, la* 503 91* F u i P la n a Baitinora 2, Md B a a r Mbr. F a tu a u 9uhjaati #aak H. Outhbartao* fioelal ftaourltyr # 5 7 9 -2 4 -9 5 6 9 2ESX8iSdU3LUdUJ H t f M g L , , V ara oloalag opina of oorraapaadanaa oonoarniag a potanti! wrtMB1! aonpanaatlon alala of tha bora nantlonad indiridoni Za all prababllltgr 7u almady bara Mi of tha laforaat.lon oontalnad in tham lattar rlth tha xoaption of oor lattar to tha Traralarj S u Franaioc offloa* Va had thaaa oopioa ada ibr you In aaaa jou aboul aaad thau f7 truly your* AM8TB0H0 00 00MP1R VBHiJJF Baaloaara* Vallaaa B. Hoffart* Aaalataat Qanaral Managar Mawh 23f 1959 D m Trarelors Z i n m M flanpoaj 315 Montgomery Street 8 franaisoo California OmiU o m u AttaUQBI Ufa Lt IL U n i i uhjoeti Jaak E* Ontfcberteon Sodai Soeurlty #572-2VS5d Xonr lottar of Morali 10 oddrooood to oar ion Frmeieoo office, he* boon referred to tu fbr reply* Spoeifleally you requested Information eomeeralag tho iato* and eomditlans of employment fbr the ported Kr# (Xitkbertson was aployad by ue la <mr oontraet operation* il far a tho ponditiona of aapLeymant aro oonooraod they weald be the crerafa typo onooontorod ln ladastrial Insolation work vlth aoxfcboard oork oowarlag and na#ia1a pipo towering bola tho primary material* handlad* for aero spaoifU Information wo suggest you ooatoot Mr* Morphy of our Son fraaelseo offloo* Vo art la a poaition to fnxalA Mr* Outhbertooa'a data of ooplay moot to a degree which should b# satisfastoxy* Bs was employed la 1910 1941 and 1942 bat tho ooctsnt of bis osploynant during thooo yoars is not kaem beeanee oar rosords hero boon destroyed. Ho eon* bade to work in 1949 and worked eoatdanoosly with tho oawoptlon of tho following periodai In 9/27/49 Oat 10/3/49 In 9/9/50 Ont A/2/5L In 4/23/51 Out 5/9/52 Za V2/52 Ont 9/V53 la 30/2^53 Ont 7/14/54 1)m t r m l a n I u n m M Goapagr 2 M ir* 23 1955 l job a m aqr additloaal iafoimation, pIm m all m vs* T 7 indgr govrif AB48TB0 00SK OOMPAIX laurino Dapartaaot BlaU T ViiliMl, fiaffarili JLaaiatant 0nral Manata* Copi tot Mr. J. X, fumati, lazandar & ilZander, Ino, 503 8t. Paul Placa, Baltiaor 2, Md Mr* J. 0. Murpljy, Inani*ton Ditiaion, San Pranolaoo Inter - Office Communication Armstrong Cork Company To Insurance & Heal E sta te Department, Lancaster March 1 7 , 19$5 From J . G. Murphy, I n s u la t io n D iv is io n , San F r a n c isc o Subject JacK H. C u th b ertso n S .S . #572-2^-8568 T r a v e le r s F i l e #B--7565259 d/a 7-1U-5U y R eferen ce i s made t o our l e t t e r o f November 8 , 1 9 5 k , to th e T r a v e le r s Insuranoe Co. (a copy o f which i s a tta c h e d ) . As a r e s u lt o f t h i s . l e t t e r T r a v e le r s ad vised the w r it e r to f i l e an a c c id e n t r e p o r t w ith p la c e o f a c c id e n t "unknown". T h is was done on November 1 0 , 195Lu S in c e t h a t tim e v a r io u s h e a rin g s have been h eld on th e s u b j e c t . Under d a te o f March 1 0 , 1 9 5 5 we r e c e iv e d the f o llo w in g l e t t e r from The T r a v e le r s : "The above ca p tio n ed case w i l l be s e t fo r another h earin g b e fo q jth e I n d u s tr ia l A ccid e n t Commission, in th e i t e r i m , we d e s ir e in fo r m a tio n from yo u r r e c o r d s . W i ll you p le a s e g iv e us a com plete run down th e d a te s o f employment and th e c o n d itio n s o f employment} th a t i s , what m a te r ia ls were worked what v e n ta la tio n was o ffe re d e t c . as to w ith We a p p r e c ia te t h a t Mr. C u th b ertso n worked f o r your f o r about th r e e and one h a l f y e a r s and t h a t our re q u e s t m ight e n t a i l d i f f i c u l t y in f u l f i l l i n g . We a p p r e c ia te any inform ation you are able to give to th is o ffic e ," (Signed) K.M, N o rris Compensation A d ju ste r With r e fe re n c e to c o n d itio n s o f employment, m a te r ia ls , e t c . , i t would be th e av era ge ty p e encountered in I n d u s t r i a l I n s u la t io n work I t i s su ggested you answer t h i s in q u iry d ir e c t w ith a copy fo r our f i l e s . JM;pfg F orm 337? 8-4 /V? toi 4 I'l/rv V/vy^/ v A i/rt -yyO' i- i Lrf~rJ-C>- i qJ >/r /j> j'f^ 1 /iv/^ r / ;/^'/ . /AA" /? A o-- -J^ ** / A. ^i -- 1a, \ Koveober 8, 195U The Travelers Tnsuranoo Co. 315 Montgomery St. San Francisco, California Oentlaaeni Attention! Subjectt Claln Dapartiiont Jack H. Cuthbertaon Social Security `572~l*4}$66 The above aan quit on July lL, 195L, after being ocployed by Armstrong aa an Asbestos Worker aoro than two years with pro* weeldy earnings of 3120.00 per week. Hie wife called this office November k, 1951*, stating that {r. Cuthbertson had recently undergone a lung operation caused by "aabeetonia". t Ho further clarification wao given for the call, but the writer is passing along the information in case of any future plain. Very truly yours, ARMSTRONG CORK CCSiPA!TT Insulation Division JGUtMR Construction Supt. Blind copy to: Insurance and Real Estate Dept., Lancaster John S. Taylor, Insulation Division, San Francisco Note to Insurance Depti Reference is nado to correspondence between . iy < J San Francisco branch, J. W. Liddell, Insurance^ ^ j r and Peal Estate Dept., Travelers Insurance C o > `Lf Standard Accident Insurance Company dated y i March 6, 13, 16, 1953, re Harry M. Kish who / ^ apparently died from "aabestosis * on Uarch 19, 1952. The w r ite r i s not fa m ilia r w ith th e outcome o f t h is c la im , but perhaps th e phone c a l l would in d i c a t e .a sim ila r claim in the future. E M P LO Y E R 'S REPORT OF IN D U ST R IA L IN JU R Y STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISIO N OF LABOR STATISTICS AND RESEARCH Claim Department THE TRAVELERS INSURANCE COMPANY 315 Montgomery St., San Francisco 4, Calif. Ever; queetion m utt be answered full; to avoid further correspond ence. FAILURE TO FILE IS A MISDEMEANOR SUBJECT TO MAXIMUM FINE OF JlOO. (Labor Cod, Section 6407-6413) Please make this report in DUPLICATE so that we can file copies with Division of Labor Statistics and Research in your behalf. Every work injury to an employee which causes disability lasting longer than the day of the injury or which requires medical services other than first aid treatment must be reported within live days after the injury. If the injury results in death, a report must be made by telephone or telegraph directly to the Division of Labor Statistics and Research not later than 24 hours after death. EMPLOYER (G ive name under which 1. N am e concern doe* business) _____ DO N O T W R ITE IN T H IS CO LU M N 2. Office addrew Street) ... J ^ *5? .. f Y \ (M an ufactu ring hoe, retailing men 3. Nature of busineaa clothe, trucking for hire, etc INJURED EMPLOSEEs L 4. Nam e..................... 5. Addrea Street) 2 .2 * 2 4 -.. 6. Age . . 'rTCr. ..C tf U P ......... 7. Sex: Check 9. Num ber of hour w orkedjjpr day ............... (v O M a le ....... x f . . .....- F em ale ......-- per w eek.-. ........ ,... N um ber of day worked per week. 10, Wage: % ... S . I V i per hour, or $ .... l S ^ C L . ..per day, or $......J L .Q Q ..v c t week. ( I f earning a t irregular rate, *uch a piece work or on commission ban, enter actual average weekly earning for convenient period opt to exceed one year.) 11. If board, lodging, or other advantage* furnished In addition to wages, give estimated value S ACCIDENT (N o. and 12. Place of accident Street) (Y e* or 13. On employer' premises N o ) . ... W ls l (C ity or .T o w n )..... ....... 14. D e p a r tm e n t.--......................... r day. or I ...................................... per week ..(County)..... Sex and M arital Status W eekly Wags IS . D ate of accident... (Ye or accident? No) (Ye or this day? No)_____ ......................... ........ Id . Hour of day....... .......... ,, A . M ./ P . M . IS . I f yet. give date last worked.-- ......... ....... 20. If injured in mine, check ( y 0 accident location: Surface. 17. D id Inju ry result in disability beyond day of -- TTt- ___________ 19. W as injured paid Ln full for ....... M i l l ................ Underground................ Shaft ................ CAUSE OF ACCIDENT 21. Occupation (job title ) ...... 22. H o w tong employed by you a t this occupation? Check (vO Les than 6 months 6 month to 2 year.................; over 2 y e a r . . 23. W h a t seal employee doing whan accident (Describe briefly, such as: loading truck, operating / . ^ ... k av a C - - * , #-- > --` t'a occurred? drill press, hoveling dirt, walking down stairs, etc.)-- ............L-- V - \ r r r r . - C i ^ ^ 3 - . ^ . ........................ tS* .. O..VS?M H KA-rt (Describe fully, tating whether the injuredI person fell., twase itruck, etc : give all How did the accident happen? factor contributing to accident. U a t other aide of report for additional space) 7 J J~ J ( fair F a I j f -- \j tOm mam tin J (3ft u \j j i-r Ys..... IKkfcU u h T i o " ' .ai_.(iE,..m o ... ui n & a & n l G : ... tii... ................................... EsLjh.E?u.ii.-U.6L1.-- Y .A L .D .& - . M I L A S . .X X . t ^ specific machine, tool, appliance, ` quid, etc., involved) - .............- ..... ........................................... .................................................................--------------------------------(State if gears, pulley, 26. If mechanical apparatus or vehicle, what part of It? motor, etc.) ----------------- ------- - .................................................... ............... ............--........ ............ (Yes or (Yes or 27. W ere mechanical guards, or other safeguards provided? N o) ... .. ......... 2 *. W a injured using them? No) (State the specific preventive measures that can be taken by employer and w orker 29. W h a t do you recommend for preventing this type of accident? D o not *ay, ` By being more careful. " Specify what should or should not be done) County Accident Date Occupation Accident Typ Agency Agency Part M ech. Defect Unsafe Act NATURE OF INJURY AND PART OF BODY AFFECTED (n . c rib in detail l h . nature of th t in ju ry and t h f part of ih * body JJictfd. For e*m ple: im p u ta tio n 1 30. of right index finger at second join t, fracture of nba, lead poisoning, derm atitis of left hand, etc.) . . . . . ----------- i S _ / . F N , * \ A. ) 31. N am e and add r I of physician............ .............. 32. Name and addr I of hospital. (Yes 33. H employee returned to work? No) (Yes or 36. D id injury result ln death? N o) . . . . ............ 37. 34. If yes, give data.-- ...-- ..........- ....... -- If yes, give date........... ...... --............... ............ 36, In case of death, give name and address of nearest re la tiv e _______________________ ___ - .......-, 35. A t what wage? $............ - ...........-..per.-- Personal Defect Nature of Inju ry Location Extent of Injury 39. Names and address of witn< 40. 1 injured related to Employer?.. X ) o'- If so how?. Signed by D a te of this report.____ J. r% j.....Official position-- ..... ......................................................... 0-4S87 Rev 7 S3 ssintco in u s a Filing of this report is not an admission of liability. Vo report nf injury required to Ih1filed by an tunplov er ur an insurer Ls l ills t li.quei 'hull Ik; .idim ililr .i*r\ id em v in any adversary jjro- ceeding Ixdore the Industrial An lent CointnisMim,1' IElixir (unle, Sei'tion 61 Id. Insurance Carrier Report Lag Coded by E M P LO Y E R 'S REPORT OF IN D U ST R IA L IN JU R Y TO STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISIO N OF LABOR STATISTICS AND RE8EARCH Claim Department THE TRAVELERS INSURANCE COMPANY 315 Montgomery St., San Francisco 4, Calif. Every question must be tnswered fully to void further correspond ence. FAILURE TO FILE IS A MISDEMEANOR SUBJECT TO MAXIMUM FINE OF JlOO. (Labor Code. Sections 6407-6413) Please make this report in DUPLICATE so that we can file copies with Division of Labor Statistics and arch in yotlr behalf. sy E v e ry w o rk in ju ry to an em p lo yee w h ich causes d is a b ility lasting longer th a n th e d a y of th e in ju ry o r w h ich req u ires m edical service! rt(d ic ^ A rtii lirs t a id tr e a tm e n t m u s t be re p o rte d w ith in liv e d a y s a f te r th e in ju r y . If the injury result# in death, a report must be made by telephone or telegnrfh directly to the Division of Labor Statistics and Research not later than 24 hours after death. / EMPLOYER ,. N. me(cGon" d ^ l" ,, wr , h Annatrong. Cork C o . .... ............. 2. Office address sm,nd.13 5 ? Market S t ........... .. .1 (Sir " " S a n ? r a n c l3 c o , Cal l f . (M anufacturing shoe, retailing men' . n i i __ 3. Nature of busine clothes, trucking for hire, etc.)__________ . L T i C l M S t T . l S L L i D S l U & t u l . Q J l ........................ ....................... INJURED EMPLOYEE . Name.-. Jack CuthbertsiQn....................... .. s. Address s?,?d 2 2 0 k jiplbrook.M y i . 6. A g e ........... 2 6 . ... . . 7. Sex: Check ( * / ) M a le ...... X .....- ................. ...................................... Soc- Sec. N o ...... _.AuwK.d___ Conco rd , C a l i f . ............. Female------------------ 6. Check ( V) M arried.......... Single... DO NOT WRITS THIS COLUMN Caso No. Employer No. Industry 9. Num ber of hour worked per d ay......... jQ ............. ...........per week.-- _________ I i Q . ........ ........ . N umber of day worked per week._ Ags 10. Wage: S......... J . 1 2 S ........... . per hour, 01 ( . . 2 5 , k O ......... ... . per day, or $.....A . ? 7 . * .Q Q _______ per week. ( I f earning a t Irregular rate, tuch aa piece w ork or on commission basis, enter actual average weekly earning for convenient period not to exceed one year.) U . If board, lodging, or other advantage furnished in addition to wages, give estimated value ACCIDENT 12. Place of accident w , nd Unknown.. (Yes or 13. On employer* premises N o ).......................... 14. (C ity or ......................Tow n)..._ Departm ent ---- per day. or f ______ (County).. ........................... _....... per week Sex ta d Maritai Statua Wsekiy Wag 13. D a te of accident........ (Yes or accident ? No) (Y e * or this day? No)______ CAUSE OF ACCIDENT 21. Occupation (job tilie) ...... 16. H o ur of d ay____ ....-A .M ./P.M . 16. If yes. give date last w o r k e d - - ..................... .......- ............- ..... - 20. if injured In s mine, check ( y / j accident location: Surface 17. D id Injury result in disability beyond day of .................................. 19. W as injured paid in full for .. . M ill............. Underground ...............S h a ft................ A sb esto s Worker 22. How long employed by you at this County Accident Dato occupation? Check (%/) Less than 6 months 6 months to 2 year................; over 2 year..- (IDDevsaccrriibbe* bbrmieffllyy,. ~succhh aasa.. llooaaddimngt truck, o p w a u n , occurred? d rill press, shoveling d irt, walking down stair, etc.) T n n i~ la t^ n g P l p e S , 23. W h a t was employee doing when accident DC t S , a n d E q u ip m e n t Occupa don (Dewrnbe fully, . u t i n t whether the Injured p e r n fell, w m truck, etc.; fiv e 11 * 1 1 o r m H I v n j n i a n H 24. How did the accident happen? factor, co n lrtb u tu if to accident. Ue other >ide ol report for .dd ltlo n al .pace) ....... . "Asbeatoaia",.dua to..working nith InauLatlon,...mat.crlali. Steloye.9....y.9.1yn.tAri;j-X. qiHt. np 7-il|-5>i Tor aimiiAr typ e of work with, another aaployer._ _ _ _ _ _ _ __ _ Accident Type Agency ........... .............................. (N am e the specific machine, tool, appliance, 25. W h a t machine, tool, substance, or object was most cioaely connected w ith the accident? gas, liquid, etc., involved) .................. - .......... (State if gears, pulley. 26. If mechanical apparatus or vehicle, what part of it? motor, etc.) (Yes or (Ye or 27. W ere mechanical guards, or other safeguards provided? No) .................................... 28. W as injured using them? No) ...... .................................. .. (State the specific preventive measure that can be taken by employer and worker. 29. W h a t do you recommend for preventing this type of accident? D o not m y. By b an g more careful.'* Specify what should or should not be done) Agency Part Mach. Defect Unsafe Act NATURE OF INJURY AND PART OF BODY AFFECTED (Describe in detail the nature of the injury and the part of the body affected. For example: am putation t 30. of right index Anger at second join t, fracture of nbs. lead poisoning, derm atitis of left hand, etc.) ---------- . ,, . J J D J u i U l I U . . . 31. Nam e and address of physician.. 32. Nam e and address of hospital -- (Yes or 33. Has employee returned to work? No; (Yes or 36. Did injury result in death? No) . . 34. I f yea. give data._____ 37. If yes, give d a te _____ _____ 36. In case of death, give name end addrw of nearest re la tiv e __________________ 33. A t what wage? I . ......... --- per--- Personal Defect Natur of Injury Location Extent of Injury 39. Names and addresses of w une 40. U Injured related to Employer? Signed by.. C-4587 Kev 7 51 minno in u s j .......... l i f t . ................ I f so how ?. Signature Date of this report .-lLalOsSk....... .orne* po-o...Gpnstriction._ S u p t.. Filing of this report is not an admission of liability. " V o n-poii of m j u r v requin*! I < lx* filet I by tutmpli>\lr nr .m insurer b\ this i h.q>tr -.hull lx:i(lims.ibU*as evident r in,iny adver-.uy pro ceeding l>efore the Industrial Accident ( omiiii^ion " Labor l ode. Section t>4ld. Insurance Carrtor Report Lag Coded by November 8 , 195U The Travelers Insurance Co. 315 Montgomery St. San Francisco, California Attention: Subject: Claim Department Jack H. Cuthbertson Social Socurity f572-2i*-8568 Gentlemen: The above man quit on July lii, 1951:, after being employed by Armstrong as an Asbestos Worker more than two years with prox weekly earnings of 5120.00 per week. His wife called this office November li, 195U, stating that Mr, Cuthbertson had recently undergone a lung operation caused by "asbestoiis". No further clarification was given for the call, but the writer is passing along the information in case of any futuro claim. Very truly yours, ARMSTRONG CORK COMPANY Insulation Division JohqfO'. Murphy Construction Supt. JGiliMR Blind copy to: Insurance and Real Estate Dept., Lancaster John S. Taylor, Insulation [vision, San Francisco Note to Insurance Dept: - - Reference is made to correspondence between San Francisco branch, J. 7!. Liddell, Insurance and Real Estate Dept., Travelers Insurance Co., Standard Accident Insurance Company dated March 6, 13, 16, 1953, re Harry M. Kish who apparently died from "asbestosis" on March 19, 195?. The writer is not familiar with the outcome of this claim, but perhaps the phone call would indicate a similar claim in the future. BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ------- Notice and Request for Allowance of Lien /' I',.- D "iv/., c] ''''-Co San Francisco Office 965 Mission Street San Francisco 3 Sacramento Office 631 " J " Street CLAIM No________ c*;*,:.^xl l u :, i'w. oo* or .all-. u ta ciaiauat ** JAC S* CCTiBSEtSGB Los Angeles Office 301 State Building Los Angeles 12 San Diego Office 1321 Fourth Avenue $3 artot goo Tra?ciscoj ulifonda J2D. UolUwtik Jlvo Loactml, CallCortiA &'&7BQ COTS TH \ IS3 2S1.'SUX JNSUftANCC C A t R I t t / 3 '.sjjg.U M Sda f ^ h u ) co (if, ABMIH The undersigned hereby requests the Industrial Accident Commission to determine and allow as a lien the sum of z-tva teaxfreC 3 lPoty ana *fcd 1VJI. (j __________) .gainst any amount now due or which may hereafter become payable as compensation to_ on account of injury sustained by him on------ ------------------------- MTS JCi. u.'t-iiOtt1'LCflH tinoui This request and claim for lien is for: (Cross out parts not applicable) or sensei o: uciiuastai iio i s* Lc* for medical paid under .ij^ ^ ^ tttaaxw r ^ r ifnriiMwnfaiurfi.ifiiiiiiH'ifii,iiriy ijaw w a w aie tA/ .o# 33Iir-Ii ityraxo tc "Lssit Aci^ttoe CaejKSfiy (ipffisrra^sBPafte hi."jpiwnar,^^ inj> V g ---^ y ^ I -_* , t! W >L A r ~ ** * * * * The undersigned declares that he delivered or mailed a copy of this lien claim to each of the above named parties on EMPLOYEE'S CONSENT TO ALLOWANCE OF LIEN I consent to the requested allowance of a lien against my compensation. Form 3 2 9 ibev n - s t ATTOANtV TO* KMPLOVfC IIPLO V tl H t3 1 94 17 900 STATE OF C A L IFO R N IA IN D U S T R IA L A C C ID E N T CO M M ISS 9 6 0 M is s io n b t o k k t . Sa n F r a n c is c o 9 4 1 2 H clm B u il o in o . Fresno 21 Ro om 2 0 0 . 691 J St o u t , Sacram ento Stats Bu il d in g , lo s A noslcs 12 r o o m 2 1 4 . lO O E. Oc e a n B l v d ., L o n g Bsacm 2 1021 4 th a v e n u e , Sa n Oikoo 1 JACK CUTHBEKTSON, C l a im N o -- 5V -SF..161-670 Applicant_ vs. ARMSTRONG CORK COMiCcNT, TRAVELERS INSULafiCE COMUNI, rUJT JBLJUS CO.d.d., INDUSTRIAL IHJKMIilTY COURANT WEJTxu. rLBESTOC COir/asY. und CTnTE CMfLNSATION INSURANCE FUND, D e f e n d a n t .* N o t ic e o f H ea r in g o f A p p lic a tio n For adjustment o f C l a im You are hereby notified that an application to adjust a claim for compensation (a copy of which is attached hereto) hat been filed with the Industrial Accident Commission of the State of California. You are further notified that said application has been set for hearing at Room 206, 1531 Webster Street, Oakland, California, on the 17th day of February, 1955, 2:00 r.M. ALL F.M. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law. N o t e : The parties are expected to lubm it alt iaiuea in controveriy for decision at this hearing; therefore, all necctary witnesses, evidence, documenta, medical reporw, payroll*, and other easeatial proof mual be available and ready for ubraUaion at the hearing. Dated: January 12, 1955 INDUSTRIAL ACCIDENT COMMISSION By EDMUND J. THOMAS, JR. A u h tjn t Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned, at the time set opposite their respective names, by depositing a copy of said notice attached to a copy of the application therein mentioned, in a sealed envelope in the United States mail on said day, at 0 _ -- iCO California, with the postage thereon fully prepaid, and addressc-d to the said parties at their last known pTSO of iusmS* or residence, as follow, to wit: NAMES OF PARTIES SERVED DATE OF SERVICE J a c k C u t h o o r t a o n , 228/+ H o l b r o o k Dr., Concord, Calif. 1/12/55 .a.liti c. .-.*rrLon, l clo Din^r.ci-il Cu.ter al;^., j.tklund, Calif. ,ri-.-soron., Cork ,'o.,1 3 5 3 a r k o t -.1., ail r'rancinco, Culif. . l e n t ,vi>v}3ir00 C o . , 5 30 9 H o r t o n . a t . , - a i e r / v i l l e , f L l i f . * rn ..i>uc3tos C o ., o / 5 . .st . , n f r .nel sco, a a l l f . T r a v e l o r o I n s . C o . , L a t i i a a i j ^ t w r a J l d e; . , O a k l a n d , C a l i f . " I n u a O . I n d e u m . C o . , 350 Cansocre . . t . , Can F r . n c i a c o , C a l i f . * o t a U Coray. I n a . Fund, r o r a o n a l C e r v i e " v f Foam 35 i rkv 94 [SlONATURli] 14 UH (* ) I P O CGMMIRRtON OPFICZBi for n o r th e r n Ca lifo r n ia (EXCEPT SACRAMENTO COUNTY) 9 6 5 M I99tON STREET San F r a n c is c o 3 FOR SACR AM ENTO CO UN TY O N LY Ro o m 2 0 0 . 6 3 t J Q n . t E T BACHAMKNTO FOR SO UTHER N C A LIF O R N IA (EXCEPT IA N OIKCO COUNTY) 50 1 STATE BUILO INO L o t ANCCLEt 12 FOR SA N D IE G O C O U N TY O N LY 1621 Fo urth A venue Sa n D ie g o i T A T * O F C A L IF O R N IA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING c^N*. 54 ar Filsd 12-21-54 DO N O T W R IT E IN T H IS SPACE EN TE R E D IN D O CKET B Y ______________________ Employee' Name____ .jA C jc -x a rriia iS R T ao H _______________ Social Security No._............... ...... .................................... ..... ...... Name of Employer 1 ....* r o s t r o n g . C o r k C o a ^ R u i y ............. Jtx T r u r t l t r t In fu n a n o * Gomp+ny ----------- 2 , ^ ' l a n r . s t a * s t . o s fiow jM Uiy----------- Name of I n d u s t r i a l I n o s o n i t y Comptusy Insurance Carrier. ....................................................................... 3 * Vsstsrn AsSsstos Co*^uiy __________ atats Caa^nsatlnn insuring Employee' Address-- M /U f i l f l l b r a f t l f R e t ____________ S TR E IT ANO NUMBER ___________ C o n c o r d , C j O i X $ m 4 * ________ ___ _ _ . . TOWN 0 CITY SONS STATE Em ployers Address____&uu t rm siM SQ ^ *JJjrnUi ..... L a t h u s q u a r * >,T B ld g , O akland 53QQ H o r t o n t a t* -- t , ej-- r y v i l l a ______ I n s u r e SW & W a t . , S a n F F -in c isc # * " Carrier's Address.. -- ............. ......... ........ ............. _ ......... ......... . o 7 5 T o M u m a 6 T4 W ) " uS*t F r a n c i s c o md___ _45 CITY IO N S ETAT Employee's name------J a c k - C u th b g g tiR M i-- Employee's date of birth__ Date of your injury. JL949 --..1&54.......... Place where injury occurred_____fiStt f o A B C li C f t ......... _ C IT I ARO T A T I How did injury occur ._ Employee's occupation at time of injury-- a #L**Lo * Mark*!*._ When did you leave work _ __ as a result of this injury__ 1 9 a . .1 9 3 3 -------------------------_ October 19, 1954 aour-- of hamful fcn chant and l u a f What part or parts of your body were injured------LtlflgB_________________________ When did you return to work s t i l l d is a b le d Full or part time work ___ and at what wage___ Your wages or salary (before deductions) $ .......J U X ilU R ic r hour or $_------------------- per week or $----------------------per month. If paid on hourly rate, how many hours did you work per week..... ....................... --..........------ ------------------------------------------ ---- Did you receive any of the following: Board? Yes No Q ; Lodging? Yes 0 No 0 ; Tips? Yes 0 No 0 ; Other advantages? Y esQ N oQ State their weekly value $---------------------- . Have you been paid any compensation? Yes I I No f~k How much $ ------ ------ ------ Weekly rate of payments $ ------------------ - TOTAL A H O U IT Date when last payment was made---- ------- ----------------------------- , 19------ - Has the employer or the insurance carrier furnished you with any medical treatment? Yes 0 No I Bt Date when last treatment was given .......... ........... ........ .... _--..... _ , 19--..... List names of all doctors who have treated you and who were furnished by the employer or insurance carrier..............--........... -- ------- ---- U iv * r * lt y * f C a liforal*-- ...... ----------------------------------------------------- Have you obtained any medical treatment at your own expense? Yes fyfr No 0 . List names of all doctors who have treated you at your own expense------------------------------------------------------------------------------- Are you claiming any of the following benefits (Answer Yes or No) : (a) Temporary disability payment_____ _____________ __-- (b) Permanent disability payment... .............. . ............. (c) Further medical treatment . . . . - - ........ (d) Co*t of your medical expense........X * f ...................... (e) List other benefits claimed and not mentioned above............... ........-- ---------------------------------------------------------------- Have you ever before filed a claim with this Commission? Yes 0 No If so, when was it filed-- -- -------- ---Italo riaanci^i.^ T i t qr iatg -- _____ 1 aL /-- / _____ ___ - h w U V i l U V 1 U C H JI1 T W j IRRATURI of a f f t a n t Date -CceRMbRP-gQy-1954-- .......'19S GL*ncourt fofcPft.... mdmttril C*mamtuin psitim* montoni mi N O il' lii'A R lN C ' < /i,r ih, application lu i h* 6ld wish <L I r*( m e n u I in pe><. ,, t.y ,ttr>rnr or o t'x r *#*>< A c .iJ t *he }) be in r ifin ii of th* lim end place hearing. Either party stay he -n.i mot A N S W IH 1h< Irtrn .U nt i i j r . i r d to til sn tnvr w itbia 10 dat* slier servi-* of a rnpv <>f 'ht application, wiing (he form furnished lo r (h it purpoa#. I f l defendant employer i l (naured sud lit* tnit.itiiL< i i ' r i r r u j-r m nej , n the ( l..ti n. u *> ne<t ! bird by (hr rust '-/. * mat <(i be din by (he c a m iti but if the le inriflca C im ar i l Md, fW n the t >ul t '.<. y I. la tin i immr-llarsty mi (L prave* ssuwtr ca b* At*4. U A TP. OF J fM V IC b SKAVIC* ON h i h M 1 4 . h i v <v *\ . > BU.a a 84 eau La s / v STATE O F C A LIFO R N IA IN D U S T R IA L A C C ID E N T C O M M IS S IO N BOB M is s io n St r ic t , Sam F r a n c is c o 3 4 1 2 H elm B u il d in g , F r is n o 21 Ro om 2 0 0 , s a t J St r ic t , Sacramcnto St a t i Bu il o in o , L os An o i l i i 12 r o o m 2 1 4 , lO O E. Oc e a n B l v o ., LOno B cac h 2 1 02 1 4 tm a v i n u i . Ba n O ic o o 1 C laim N o . 5 4 * * h * /s . . . l < > l - 7 0 f ..UJlui isSU i*lEuTuii Vtiua, y f\ yvAA W i., *sU*fJkT COii WO.Ca'yL*.a *`*^s sLiii m k w i;^ Co HX, kJT&fcli a.o3:fU Cv.^U'a u Y , J. . TaOiuE it- jO,_4ad itaVcLjLlS lyU llla4U2. C-W.JKY, I4wUa*ll.L Ift->aLvIVY C ^suiX , A l, D e f e n d a n t . N o t ic e o f H e a r in g o f A p p lic a tio n For Adjustment o f CLAIM You are hereby notified that an application to adjust a claim for compensation (a copy of which is attached hereto) has been filed with the Industrial Accident Commission of the State of California. You are further notified that said application has been set for hearing at t'js. 20, 1531 w*o*tur -t,, Ga*JUau, CalifornU, on U mi 23rd tU/ of May, 1953 ls30 o 'clock >.** All *>* and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law. N o t e : The parties are expected to submit aif issues in controversy for decision at this hearing; therefore, all ncceutry witnesses, evidence, documents, medical reports, payrolls, and other eiscnttal proof must be available and ready for submission at the hearing. Dated: A * ril 25, 1955 INDUSTRIAL ACCIDENT COMMISSION By iuk\U iib J . TaM.y, J. A u ittwnt SecrtUry The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned, at the time set opposite their respective names, by depositing a copy of said notice attached to a copy of the application therein mentioned, in a sealed envelope in the United States mail on said day, at Zun riiiiC.Co California, with the postage thereon fully prepaid, and addressed to the said parties at their last known places of business or residence, as follows, to wit: NAMES OF PARTIES SERVED DATE OF SERVICE ae lAtUtoned ad*3t F o r m * 5 >k e y 9 2 4 > [Sn.n a t u r e ] 9J49 9 S4 SOM Cl) I P O **/ & $ & * Dept. of Employ.,P.O. uox IS57, Oakland, C a lif. 4/25/55 Occidental Life Ins. Co., 300 Kont^oaery S t., 3 .P ., C a lif. " Jack Cuthbertson, 2264 riolurook Dr., Concord, C a lif. " Smith &. Parrish, Pin. Center uldg., Oakland, C a lif. 9 riant kub*>er 4 asbestos Works, 5309 Horton S t.. Emeryville,Cal. " Armstrong Cork Co., 1355 Market S t., S .P ., C a lif. " Mundet Cork Corp., 440 urannan S t., S .P ., C a lif. n riant asbestos Co., 5309 Horton S t.. 5309 Horton S t . , Emeryville, 9 Western Asbestos Co., 675 Townsend S t ., S .P ., C a lif. " J. T. Thorpe 4 Son, Emeryville, C a lif. 9 , Travelers Ins. Co., Latham Square Hldg., Oakland, C a lif. 9 Indus. Indem. Co., 350 Sansome S t ., S .F ., C a lif. " State Comp. Ins. rund, Pursonal Service 9 P acific Employ. Ins. Co., 3770 riedmont Ave., Oakland. C a lif. 9 C a lif. Compensation Ins. Co., 26 Ge*ry S t ., S .P ., C a lif. * YW X COMMISSION OFFICLSt FOR N O RTHER N C A LIF O R N IA ( EXCEPT SACRAMENTO CO U N TV 6 5 M is s io n Street San F r a n c is c o 3 STATE O F C A LIF O R N IA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION F O R R SAC oom R2A0M0. E NTO 631 J COU Str NTY eet O N LY Sa c r a m e n to FOR S O U TH ER N C A L IF O R N IA (EXCEPT SAN OtEGO COUNTY > SO I State B u il d in g L o s A ng eles 12 FOR S A N D IE G O C O U N TY 1521 Fourth A venue Sa n D ie g o 1 APPLICATION FOR HEARING AtHOlS) Caie No. 141-370 Filed X ir c h 4, 1955 DO N O T W R IT E IN TH IS SPA CE E N T ER E D IN D O C K ET BY____________ Employee* Name J , ; , g T i& f .a T .1 0 3 ________________________ Employee'* Address.....2 2 * 1 + I ^ L I I . A k R J O & ____ __________ STREET AMO NUMSIS Social Security N o........ .............. ....... ....... ............ .............................................................. ...... `.'.i t i * i a ..... ............. Name of Employer *1 X M . a f tJ I, i -- ....... -- ........................ - Employer's T0*"0,C,TI Address___________ _______ ___ ____ __________________ ___ _ Name of Insurance C a m e r . .- .4 ^ _ j t'Aw*Lt j-- ------------------ . Insurance TOWM 0 CITT ZONE STATS Carrier** Address_______ ____________ __ ___ ___________ STREET AMO N U M I I I CITY TONE STATE Employee's name g /TT11B ___________ __ __ - Employee's dace of ..... ................ Date of your injury- - ~ - 1 9 b W 9 5 4 - ........... - ......... Employee's occupation tim e of injury--------- AGtMMRfcOG' M M RSRF....... ..................... Place where injury occurred E M n e f ary? ,IT m 1 1 P ------------------- When did you leave work as a result of this injury d s p t f t f f i b f 3 0 1 9 5 3 ...........-- c,T," ,D"*' t u ctcb * r 1 9 , 1954 How did injury occur k p a a L f r l A d "gh U gt w f > e ^ a 1** s?i>UT& S *t Mft|* K 'aa m T tfcl LO S faS S V fc I t t l t f i R , What part or part* of your body were injured----- .................................................................. .................. ..................... ............................................................................... .......... When did you return to work __ $ L l l l d t H b l i t i ....... Full or part time work and at what wage....................... .................................................... ..... Your wages or salary (before deductions) ^ ..... P<-`r hour or $ ________________per week or $_________________ per month. If paid on hourly rate, how many hours did you work per week......................................................... .... .............. ............ .............. ..... ...... ...................... Did you receive any of the following: Board? Yes Q N o Q ; Lodging? Y c sQ No Q ; Tips? Yes Q N o ; Other advantages? Y c sQ No Q State their weekly value $_________________ _ Have you been paid any compensation? Yes N o How much $ TOTAL AMOUNT Date when last payment was m ade_________________________________ _ 19. Weekly rate of paymentj Ha* the employer or the insurance carrier furnished you with any medical treatment? Yes Q N o j . Date when last treatment was given_______________________________ , 19_____ List names of all doctors who have treated you and who were furnished by the employer or insurance carrier.. t/.alTu ra t Xrr et C a itf o r n i* " --- ~ Have you obtained any mneeddiiccaal treattmmeenntt;It your own expense? Yes j~l N o (_). List names of all doctors who have treated you at your own expense""*_____ __ Are you claiming any of the following benefits (Answer Yes or N o) : (a) Temporary disability payment___________ a --______________ (b) (c) Further medical treatment______________ .______ _________(d) (e) List other benefits claimed and not mentioned abdve________________ Permanent disability payment Cost of your medical expense.. y e * ...-.. -- .. - Have you ever before filed a claim with thi* Commission? Yes Q N o 0 . If so, when was it filed____ DATS Heilig 6, _____________ IM M U T A T I V I O * A T T O IN IT f o t AMLICANT * fw gr.gf . Iri t - , 1 .''Aiin ADDURR court 2 200t) // J.X UTiLi^ii i S ___ IN N A TU II O I AMIICANT Date - ...... -- . 19- TtLK P M O N t RVIMRIR N O TE-- H E A R IN G i After tb it application baa b u * blad ill tba Induatrtai Accident Cornuaisnoa tbe partite ill be notified ia v o tin g / the time and place o f beariog. Either party may bn represented ia p tiw n , by tttaraey, or other gear. of AN S W E R : The defendant t* rtpected to file a aaiwer v ith ia 10 daya after aervice a copy of tb u application, uting ibe form fu rn iih rd for that purpoM. I f a defendant employer ia intured and the leturance earner i* properly named in the application, no a n iv rr need be bled bp (be employer, *i thee ill be Jwne by the cat ru t but i f the tnauraace earner 1 not named, tbea tbe employer ibould n o tify tbe carrier immediately to tbe proper *newer ca* be bled. DATE OF S U V IC I SERVICI ON Rs; JACK CUTHBERT3QM IAC / 161-670 List of UMpXoynrn Plant Rubber k, Asbestos Works $309 tarton S t . . Lawryvill, Calif* Western Asbestoa Co, , 675 Townend St,San Francisco, C a lif. J . T. Thorp k Son, Sbwryrille, Calif* Mundet Cork Corp., 440 Brannon S t*, San Francisco,Calif Cork Insulation Co., 3an Francisco, C alif* Armstrong Cork Co., 1333 Markat S t . , San Francis co, C a lif Flant Asbasto* Co., 5309 Horton Loaryrllla, LIST OF IHSUHAMCB 00XPAKIRS Traralar Insurance Co., Lathaa Square Bldg* Oakland, C a lif* Industrial Indemnity Co., 350 Janaoaa 3t., San Francisco,Calif* Stata Compensation Ins. Fund 450 KcAl l i s t a r S t ., San Francisco, C a lif* Pacific Employers Insurance Co., 3770 Piedmont At #., Oakland,Calif* California Coapenaatlon Insuranca Co*, 23 Oeory S t., Son Francisco,Calif* STATE COMPENSATION INSURANCE FUND kxku t iu . om ets nualustkk sikkkt san knanclsco i U-+S / b'/ 'ifdtL EARL R HOWARD H C MILLE DONALO GALLAGHER J H LE IM B AC H M O MANAGER C O M F 1 MOL L CM COUNSEL m edical Dir e c t o r Juno X, 1955 SACRAMENTO SAN DIEGO SAN JO SE STOCKTON Industrial A M i 4 E B t CflHB&JUBXOtt 9<=6 tlaaion 3trot San Franc isc o, California <s^> Qtntlanari Bat ZAO i6i*aro rn\ If re anslo al ng additional rvporta aa follo vy/ a Corwin Hlru&a, M.D. fiay 24, 1959 Gaor A, Watson, M.D. itey Iti, 1955 Coplas of said reporta ara bain sa lla d today to tha partons and addossata shown on tha attaohod ahaat. Vary tru ly yours* FRHsld -noi. FEXER R. UCU&S Attorney Industrial Aaolc&nt sualaci*. act ooi coi oc: act QOt oo> cot coi cot eot ooi cot Dept, of aaplcysout, P. o. loa, lopf, oaklard, California U iO idaotal U f a liia. C o . , ooG St., San l*>anclaeo, Ilf, Jauu Cuthtcrtaon, 2s4 ,,iolbroo^ Dr., Concord, Calif. Smith : P a rrla n , io l6 - F lu . Center lid * * ., u p la n d , C A llf, P lant Rubber a Aabaatoa woraa, i3C& liorton S t . , iiu & ry v llle , C al. /vTi^atrOil^ Co xu C o , l o o i Har*oib o t . i U4U I'x& oO lsCw , C a l i f , `uadUafc Cork Corp., 440 Lrsnrtan St., Ian Franclaco, California /lant Asbosto Co., lorton St., jiierivilla, California Woatorn Aaleatoa Co., w i Tuu&*aotid St., Son Franoiaco, Calif. J. ?. Thorp e; Son, Januaryvilla, California Traveler Xna. oo., Satiicui Square lac,, uailand, California. induatrlal indxsi. Co., CoG Sana-rue Street, Saa Framiaoo, Calif. P&c. Sc^plcy. Inc. Co., i 7 70 Piedmont Ava., Oakland, California vyy 1 Ezroaz THE INDUSTRIAL ACCIDENT CGMGSSION 2 Of THE STATS 09 CALITCSSOA 3 CLAIM MO. lCl~8TQ 4 5 UGK CUEBBSR23C9 6 Applicant 7 8 PLANT KIX&ER Al ASBESTOS WORKS, 9 IRMSTROMO CORK CCKFAJtt, MUNDET SttftX CORPORATION, PLAN? ASBESTOS CCftPAJiT, 10 W HMEDSTSEORNN.ASABnEdSTTORASVCEOLM ERPSANIYN,SUJR. A?N,,CETUCOOMHFPSANY, 11 INDUSTRIAL INBEKiUTY COMPANY, et a l. 12 Defendants s ignita TO ALLIGATION 13 14 15 Cone now the defandanta WESTERN ASBESTOS CO. and STATS C0KPSM3ATICM INSURANCE FUND, and in newer to tho application file d in the above en titled cause, s d e lt, dea/ and allage aa follows* Allege that the correct nasui of the defendant Western Asbestos Co. la Western Asbestos Co. and w such a t tlasereferred to in paragraph two. I Adnlt that Jack Cuthberteon was ployed by Waetern Asbestos Co. for the perioda, and cnljr for the periods, a shown in the work record attached hereto and narked exhibit "A", referenee to iduteh la hereby aede and the sane incorporated herewith ae though set out in full. II Admit that luring; the period of employment as set forth in paragraph one above, the Western Asbestos Co. saa fu lly insured by the Stats Cocpansation Insurance Fund against a l l l i a b i l i t y under Workmen's Ccaap^maation, Insurance and Safety Laws -1 - 1 o f th* Stata of Cali forala, 2 III 3 Dany that durin* Ut p arlai atovt a rati onad aaid 4 Jaok Cuthbartacn auatalnad n injury arlalng out of rad 5 oem onag In th* ocuraa a f tviM a p ls p t ia t j ami furthar dany 6 tftat Am+***Amin** dava provi,dacl ocoMDMUxn bemaflta to th* 7 appi lorat t o t thm lnjury al lagarily auatalnad fcy U applloant, 8 IV 9 Allato a aprala! parata and affin an tiv diafana 10 that j^ p llca n t1 clalat barala la iarrad and ha la atoppad 11 fra prosanti* any and a l l aattara tharsradar fcy raaacn of 12 th * prevlaLcn* o f chaptar tra part tour diviaion four of 13 th labor Coda of th Stai of Canforata aora p ra lfio a lly 14 Sratlana 5404 5405 5406 and 5410, 15 V 16 i i < p i that tha rlghta of tha dafandanta bava baaa 17 prajudiasd by tha fallu ra of th* anployaa to g ita natica o f 18 allacad injury tha raquirad by 1jtn, 19 n 20 &mhy tha Industriai Aooldrat CcmbmI oq o f tha 21 Stata o f California has Juriadiatlon to rat i&th rafaranoa to 22 any and *arltl*a aplfluaut 23 VII 24 Saoapt aa show adolttad* allagad or dralad aald 22 dafandanta dray gaasm lly rad wjia<i 1 *>y j tairh rad avary, 26 a l l and Ingoiar, tha allaga tira contai rad in aald application, 2'i MugaKjfargj thaaa dafandanta pray th^t thay ba 2i dlaalMad rad daolarad fra* o f a l l 1l a b il it y harain and 2\ haraundar. 3i Copia o f th.ia Atuwr rad attanhad axhlblt hai bara 3 aallad on tha data haraof to tha paracns rad addrraaaa bora 3: baio. - 2~ 1 2 3 Persa R. acuosa Attorney for i*fecuSanta 4 5 6 7 Datad. a t San Pranoiaoo# California 8 thla day of Jua 1933 9 cct Dept, o f BqplayMnt, f.OJfcc* 1657# (Saarland# California 10 acoctt OJaccckidCeuntthaLl aLrtiafoea#2n2s2.b4Co.H#ol3b0ro0oMk oDartg#osMCornycoSrtd## 5Cal9ifo#rnCiaalif 11 eat Smith & Parrish# 1616 fin . Cantor Bids# Oakland# C a lif, cct Plant itufcbar ds Ashastos Works# 5309 Horton# S aaryrllle, CaUJ' 12 eet ArMStraag Cork Co.# 1155 flhrfcet St.# San Pranolaoo# C a lif, eat Jiundot Cork Carp.# 440 Brennan St.# San franclac, CaJLlf. 13 eet Plant Asbestos Co# 5309 Horton St.# StaoryYllle# C a lif, eat Western Asbestos Co# 673 Townsend Sc.# San gfanolano# Calif,, 14 c c t J. 7 Thorp* k Son# SJseryvllla# California oot Travelers in s. Co.# Latoss Square Bldg.# Oakland# C a lif, 15 eat Industrial Indaa. Co# 350 Ssnaoas St# San fxmnslsoo# Calif,, eat Pea. aeplogr. Ins. Co.# 3770 Piednaat Are# Oakland# Calif 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 - 3- 1 STATS 07 CALIFORNIA aa. 2 CXTX AXD CCU2JTY 07 SAX 7RAKCIXC0 3 4 5 6 R X. StiQRESR* te in * f ir a t duly n o m , dapoaa* ad 7 ugni 8 ftaat ha la aa affisar Asalat&nt Saoratary 9 of Stata Caapanaatloa Inaurane Pundj thnt lui hai raad tha 10 fcragoing Aiuwer to Appllttation and knowa tha cotanta tharaofj 11 that tha ama la trua of hla am kncwladga axoapt tha mattar 12 ahloh ara tharain atatad un inforcastion or fcallaf, and a to 13 thoaa attera ha ballar* l t to ha trua 14 15 16 17 a f h, a a taasn 18 19 20 21 22 Subaaribad od aworn to t a f ora sta 23 thia day of Juna 24 25 26 fubULa in and C or tha C ity and County of San Tranolaco, Stata of California 27 28 29 30 31 32 - 4- v . j,' * *. ...... J?, 1 ' ihtiTtlatmfwd'C**b4if9y/* W C 3 1 C K . N A 3 D C 9 I U 9 V.U . ' '---_ 1j? 4 H * y CQIaIVIM.V / ju *yt M; H|At M O tM M II/. -' f \ " rM ." . T . r ^ DISTRIBUTORS* ENGINEERS CONTRACTORS . * / ^ ` 1M t U M I l'C i t C I gQM*4a t ,v' ' > . . > . -* * aAnTtSaTAIr M liy h f v . .|9. i *:.*42^j"&*.i*'#!>:^ < * M a l t i , u i u w s ..a u tM iifft K |f u ra a . H i n a ^ . - i .* . ~ . r * C #A lf t i f fc AT I / f - 4J f f . .t " i . .* ;i?-v c a ia tu * r n i i i n , tac. ;. taataatibSHii #.*. r-!.:^<>y . / - . E H . r; u u f - t vavvam a> .v ?>. ^ ; . P:>s.r *.r; MMitc LAM*taai( . ~: '.-*: .- . ./. -.- .?.v '- -' v 1U . I > m [ H ! > * u . u - j ' Cfttra #>>'ia a u * t c o m m -f , }. ,* '. O S T t m m < t n r S * t n t f 7WM *---Wr l.Af. .iXi =MW. -i.WW. - W W - . " V / maaiaaca caaaaaatia* < V,, , ** S a trF M rO^U *i.t C0a l6ifo r/n^ia 4 "* ~ 6 1 , .? , c m ih m iii n i H i u tiw H in iK . > U IH Itti ItH M aw iA ia H M . . . -,^ a . .V ,'.,.. - v * c ..M..ia, a c f - .. . : .>- V* NtewTJl,.19S..>V-; ***\ r , ':>Sr- '.< ` , v .' i r-'*.vTv''- -*i y - . t .\.A ** * "c* Maucim >$ ': ' g t MB a u r a t a * V ' T ;V ,.." Z j _... - r aaiaM at...-.a...*..a..c.a.tIiL*..'- , ' 7 , * iU . -, Z Z . 'Z f a ' ' ^ . ,, , '.y ? Y ^# * * ' ^ v- >*' ; ^ y' iiwuf/rtiLiK f ' V? ** , - * -, .v J-* r> ,w ^ i ;.v 'r 5*` St*t Coapanatlon Iniarftiie.^xn<l;, ' - V'fU5o rnnsmue s t r w A ^ f^ r If Saa FfmiiBlMO.tCaXlfomla> r V SOBJBCT*: Cm * #3X223? ^ J*ok H. Cutbbrton v W* t *^ ^ - annttll*Mnnt. * , ' - , ' i'f K n ^ UiS#. v tr t& & * . , .. V t , '! - ,*'fw* , : C.' *,%-> *$,h `s <' *' t v " .g ^ ^^ * V >v M- f , r ' tt v . i' ",.pv ' V V -Fk i 1 C 9 f A^ ^ ^ r . M r. Jack H . C uthbcrtson'a ip lo y a in t r a c c r d l s a a ^ f e U o m t y , .. * ^ ^^ ^ f i '` - . . Hlrad April 10,17 ,, *7, U f t Fabrutrjr 3fl9U0^tDl*ohara^l - . Hurchr3 0 ,I 9I18 ^Jtily 3 0 , W Ua;VQ uit ^i y ' < ' ' J a n . I i t , x199, * Ifcreh ^ ^ 9 *,1 9 l 9 i> T Q iilt^ , "*> . ',,V *. * Jfcy . 1 2 , m 9 R ^ Auguat ^ ' ( 26,119U9^f U l d O ff ' * Murch X3,.1950 < " Jollyy 1k1' C 288J*L^-11995500^V To anattaarr,, t0fS3.A.. -r - V +1V > ' * i ' W -..T , 4 - . , , Mr.* Jack.H . Cathbasrtaon'a,n a g *.T a t* - " 9 l i 7 X .25 par t a r 7 J rfji r t ; 7 ^ Ditto' ^ " \ . $. ;1^ 5 * :u t ? pr t a . *> _ -^ ^ I 7 '* / attori * V *' 1.75 ,ptata.^-,^ * ;tr mttow:T ^ ;fy \ . 1 9 U 9 i J P M - ta. ( \ 'T.'J ^ ^ ttd i ^ F. i ^ V* V.M % a ^ 1 * -M'-.f ' * ...A. ,,,... 4 {-, s. ......... f .*! > 4 >%kk.}h~,.*W `.w . ' s- > fisic-# - .f-y ^ y iri ^ a iawK.j igr o i w . w ^ ^ . v..,f.,,.^ MA. .. . * s<'- sc(L?`y'~L%'kffi'^xJ- a .' ' .rA. . X *?> r ^ - ; < ..... a- :y ?!; *Ojrl, 19 CJFY FROM: INDUSTRIAL INDEMNITY CO. 350 SANSOME STREET SAN FRANCISCO, CALIFORNIA O n ta Ito. USl-frfO KLaot Bubbar a i M baataa Marks, nmtrmg Cork O avvqr, Montait Car* C arp., F ian t Aabaataa Ca, J T* Sterpa ant Bam, Mastern a ara attacking karat a otar la n a r . Caplaa ara 0, I . B y a id aaa Departo* o f tanlegmnt, P. 0 Ban 157, fia ti ant OoclAantal Life Inaurano# OaqpasQr, 900 llwtpaner/ St, tan Fkaneieoe Jack OottbartaoB, 208fc M k a * fiata, Caocard eadtk aad Parrish, I6l6 Financial Cantar Building, Oakland Flank tatabar a m Aabaatoa work*, 5309 Barton, StoarrrUH Anatrane Cork Cangangr, 1353 tortai tarant, San Frandaoa Mstdat Cork Canpaogr, kko taranaan straat, 3*n Franadaaa Waatara Aabaatoa Oaapaogr, 675 TViimaa^ Straat, Boa Francisco Statai Crapanaattan nastrano Fund, *50 Me Alllatar Straat, San Vkanalaaa Traaolara Tnsiaranoa Caqpangr, Isthaai Suara Building, Oakland Pacific Bapegrars Insurance Coapaay, 3770 Plednsal Ararme Xoaaard, Sanaa 4 Brephy, 100 Bush straat, San Fractelaoa Attentimi award T. Janall, COMMISSION OFFICI St FOR N O RTHER N C A L IF O R N IA (XCCtT SACRAMENTO COUNTY I 0 6 5 Miss io n S thuet S an F ranci sco 3 FOR SA C R AM EN TO C O UN TY O N LY Room 2 0 0 . 6 3 1 J S truct Sacramento FOR SO UTHER N C A L IF O R N IA (EXCEPT IAN OlEGO COUNTY) 501 Los St An ate gel Bu es Zil d 1 i n g LYr FOR S A N D IE G O C O U N T Y O N 1521 Fourth A ven u * Sa n D ie g o i 8 T A te O F C A LIF O R N IA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case No. - J7 0 Filed A u r o h 1, 19$ 5 D O N O T W R IT E IN THIS SPACE E N TE R E D IN D O C K E T BY____________ Employee's N amc^^4xx.;fcf.:iiaaa--- Social Security N o................................ ..... ........... Name of Employer.. -A I& .U ; fcJ --L X X ........ Employee's Address......2/1 -.llLIY- -- .- .... Caacurdy -ulllorula--.... E-, mpl. oyer s TOWN 0 CUT TONE ITATI BTBEET ANO NUMtKB Name of Insurance Carrier....4*sn- rel'-irjrW*4Ae*J-- A*-iis*---- Insurance TOWN OB CITT ZONE Carrier's Address......... ........... STREET ANO MUNBEB TATI Employee's ----------------- ------ Employee's date of birth. .. ^ 2 - .......... Date of your in ju ry.......... 1 9 * 4 - 1 9 5 4 .......................................... Employee's occupation at time of injury----- A b < tO tO O W l T k a P - ............ Place where When did you leave work injury occurrcd.-SlU i-- & r U B C 1 3 C O , C a J - l f . ....................... as a result of this injury jjsp tfitC d b A T 3 H a 1 9 5 3 CITY ANO STATE y < 't v b f t r 1 9 , 1 9 5 4 How did injury occur 4 ft J iH ir aO What part or parts of your body were injured-- ......................................... ................ ............... ........................... When did you return to work .. d t p a b l - S i i .............. Full or part time work and at what w a g e------ ----------- Your wages or salary (before deductions) S ^ x y -tia ty ii ..... per hour or ) ________________per week or $............. ..................._ per month. If paid on hourly rate, how many hours did you work per week......... ................................................................... ...... .............................................. ........ Did you receive any o f the following: Board? Yes Q No Q ; Indging? Y c sQ No ; Tips? Yes Q No Q ; Other advantages? Yes Q N o Q State their w e e k l y Value $ __ ____ _________ _ Have you been paid any compensation? Y c sQ N o [TL How much $ _ ........... ** TOTAL AMOUNT Date when last payment was m ade_________________________________ , 19___ _ Weekly rate of payments $........ ......... Has the employer or the insurance carrier furnished you with any medical treatment? Yes N o J . Date when last treatment was given______________________________ _ 19____ . List names of all doctors who have treated you and who were furnished by the employer or insurance carrier................. _........................ _ __ __. <a s _. ___ a a. . -- - <7.111VQFSZtjT Cr TiTTtl"um3JS_ ~~ Have you obtained any medical treatment St your own expense? Yc^f^l No [J . ..-- ------ --.--.--- --_.--_.--_.. ----- --. fc. List names of all doctors who have treated you at your own expense...... ....................... ..................... - .................................... ................... Are you claiming any of the. following benefits (Answer Yes or N o ) : (a) Temporary disability payment___________ ___ ____________ (b) Permanent disability payment. (c) Further medical treatment___________________ V H T _______ (d) Cost of your medical expense... (e) List other benefits claimed and not mentioned abdve_____________________________________________ yes Have you ever before filed a claim with this Commission? Yes Q N o Q . If so, when was it filed ________________ ___________ _______ _ 2C DATE fitnX ii A 'A .-i'.I-ii REPRESENTATIVE 0 1 ATTOBNEY POB APPLICANT xi/uincl a 1 CitbaV-A>ild8 ADOSCSS Uleiicourt 2 2000 u!i,ijin. ___ , . /a/..j.xi: uimnii-.-i r.i s______________ _____ (NATURE OP APPLICANT Dite -4 ----------- -- -- ,19...5. ~ TILCPNOMC NUNBIB A ( t* i tVi* applicano* Km bean filtd v u h lb * industrial Accident Comumnoo tha partita w ilt ba notifisd ia w ritin g / tha tin and placa o htariag. Either party msy ho representad >n person, by llora*?, or othrr gn(. A N S W IR i The dt/em isot 1, <1pactad io file an m w i w ith in 10 day* after m m ic i of copy of this application, using tht form fuMushrJ for that purpose I 1 defendant employer If Insured and tlt< in iu rjm e iir r ia r is pcoprrly ninird m the application, no tn iv e r na*d be bled by iba cmployar, as that w ill bn dona bp tba ca rristi but i f (ha insurance carata it noi named, than th employa should n o tify iha carnai im m rdutely so tha proper answer ct* ba filad. D A T S OP SEJLVICS SLAVICS O N ..... ^ 1 Dept. of Employ. ,F.O. uox 1657, Oakland, Calif. 4/25/5!) Occidental Life Ina. Co., 300 Montgomery bt., 3.P., Calif. H Jack Cuthbertoon, 2264 Holorook Dr., Concord, Calif. " Smith k rarriah, Fin. Center ulug., Oakland, Calif. " riant Kubier L asbestos Works, 5309 Horton St.. Emeryville,Cal. " Armstrong Cork Co., 1355 Harket St., S.F., Calif. " Mundet Cork Corp., 440 uranium St., S.F., Calif. " riant Asbestos Co., 5309 Horton St., 5309 Horton St .,Emeryville, " Western Asbestos Co., 675 Townsend St., S.F., Calif. " J. T. Thorpe 4 Son, Hasryvills, Calif. " , Travelers Ins. Co., Lathum Square bldg., Oakland, Calif. " Indus. Indem. Co., 350 Sansome St., S.F., Calif. n State Corap. Ins. Fund, Furnonal service w racific Employ. Ins. Co., 3770 iiedmont Ave.f Oakland. Calif. n Calif. Compensation Ins. Co., 26 Geary St., S.F., Calif. " vwx 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION 07 THE STATE OF CALIFORNIA 2 Claim No. 161-870 3 JACK CUTHERBERTSON, '4 Applicant 5 vs. 6 7 8>| 9 10 11 12 13 PLANT RUBBER AND ASBESTOS WORKS, ARMSTRONG CORK COMPANY, MUNDET CORK CORPORATION, PLANT ASBESTOS COMPANY, WESTERN ASBESTOS COMPANY, J. T. THORPE AND SONS, AND TRAVELERS INSURANCE COMPANY, INDUSTRIAL INDEMNITY COMPANY, ETAL, ANSWER TO APPLICATION Defendants*Il Carnes now the defendants, PLANT ASBESTOS COMPANY, AND INDUSTRIAL INDQOHTY COMPANY, and in answer to the application filed in the above entitled cause, admit, den/ and allege as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Admit that Jack Cuthbertson was employed by Plant Asbestos Company for the periods, and only for the periods, as shown in the work record attached hereto and marked, exhibit "A", reference to which is hereby made and the same incorporated herewith as those set out in full. II Admit that during the period of employment as set forth in Paragraph I above, the Plant Asbestos Company was fully insured by the Industrial Indemnity Company against all liability under Workmen's Compensation Insurance and safety laws of the State of California. Ill Deny that during the said period above mentioned said Jack Cuthbertson sustained any injury arising out of and occurring in the course of the employment; and further deny that the defendants have provided compensation benefits to the applicant for the alleged injuries sustained by the applicant or furnished medical treatment therefore. 31 32 S ydney H Haywood A T T u A I* C V A T U 00 ITS 700 O A*a o m t m a a r ' An r r A N C I I C O 4 - -2000 IV. 1 Alleges as a special, separate and affirmative defense that 2 the applicant's claim herein is barred and he is estopped from presenting 3 any and all matters thereunder by reasons of the provisions of Chapter 2, 4 Part TV, Division XV, of the labor Code of the State of California, ore 5 specifically Section 5404, 5405, 5406 and 5410. 6 V. 7 Alleged that the right of the defendants have been prejudiced 8 by failure of the employee to give notice of the alleged injury within the 9 time required by lav. 10 VI. 11 Except as above admitted, alleged or denied said defendants 12 deny generally and specifically, each and every, all and singular, the 13 allegations contained in the said application. 14 WHEKEFQHE, these defendants pray that they be dismissed and 1 5 declared free from all liability herein. 16 Copies of this answer and the attached exhibit have been 17 ailed on the date hereof to the persons and, addresses shown below. 18 i i 19 20 Dated: July 1, 1955 s/ SYDNEY H. HAYWOOD XDNiar H. HAXVOOD attorney for defendants PLANT ASBESTOS and INDUSTRIAL INDEMNITY CO. 21 San Francisco, California 22 | Mailed to: Department of Bsployaent, P. 0. Box 1857, Oakland., California 23 Occidental Life Insurance Company, 300 Montgomery Street, San Francisco, California Jack Cuthbertson, 2284 Holbrook Drive, Concord, California 24 25 |i Saith and Parrish, l6l6 Financial Center Building, Oakland, Calif. Plant Rubber and Asbestos Works, 5309 Horton, Baeryville, Calif. Armstrong Cork Company, 1355 Market Street, Sun Francisco, Calif. 26 ; 27 Mundet.Cork Company, 440 Brannon Street, San Francisco, California J. T. Thorpe and Sons, Emeryville, California Western Asbestos Company, 675 Townsend Street, San Francisco, Calif. State Compensation Insurance Fund, 450 Me Allister Street, S.F. Travelers Insurance Company, Latham Square Building, Oakland, Calif. Pacific Employers Insurance Company, 3770 Piedmont Avenue, Oakland Leonard, Hanna & Brophy, 100 Bush Street, San Francisco, Calif. Attn: Ebvard T. Jewell 31 32 i B Y N C Y H . H A Y W O O O !' ATTOMMCV a y l a w jl SUtTl TOO || )IO lA M O M l ITM CT |i ban fSANCisca a | VUAON 4 - 3 0 0 0 I Page Two STATE OF CALIFORNIA IN D U S T R IA L A C C ID E N T C O M M ISS 9 6 8 M iftsiO N STRIKT. Sa n F r a n c is c o 3 4 1 2 H il m B u il o in o . F r ks n o 21 Room 2 0 0 . 691 J St r u t , Sacram ento St a t i B u il o in o , L os A n o k lks 12 R o o m 2 1 4 , i o o e. o c k a n b l v d ., l o n o b k a c h 2 102 1 4 th A v e n u s . Sa n O iio o 1 ' JACK TiiatillTSOW, C l a i m N o . .5L 3F..X61-70 A p p l i c a n t .... vs. AiiKilTKOHG CORK CO-LV.NY, TRAVKLKRS IU C U U N C L COMr^NY, rLvT s.Jur.JTlKS CO.C..., Ihi/JV.aL IH JKMIilTY COMPANY ILJ'lu i.i>BliTOi GU.-if'/n-Y, und JTnTIS CUMrULTIQN INSURANCE FUND, Defendant .1 N o t ic e o f H e a r in g o f A p p lic a tio n For Adjustment o f C la im You are hereby nocified that an application to adjust a claim for compensation (a copy of which is attached hereto) has been filed with the Industrial Accident Commission of the State of California. You are further notified that said application has been set for hearing at Room 206, 1531 Webster utreet, Oakland, California, on the 17th day of February, 1955, at 2:00 r.i-1. ALL ic'.M. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law. Noti : The panics are expected to submit al! issues in controversy for decision at this hearing; therefore, all necessary witnesses, evidence, documents, medical reports, payrolls, and other essential proof must be available and ready for submission at the hearing. Dated: January 12, 1955 in d u st r ia l a c c id e n t c o m m issio n By EDMUND J . THOMAS, JU. Anhtiint StcrtUry The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned, at the time set opposite their respective names, by depositing a copy of said notice attached to a copy of the application therein mentioned, in a sealed envelope in the United States mail on said day, at ^ c l CO California, with the postage thereon fully prepaid, and addressed to the said parties at their last known plaSfl of iusu}* or residence, as follow, to wit: NAMES OF PARTIES SERVED DATE OF SERVICE J.ick Cuthoortaon, 228/, Holbrook Hr., Concord, Calif*. 1/12/55 .,:.Uii c. :.,r;-Lon, lulo /ir.-ncial Cu.ter nl Calif. '* err.iu'on., Cork .0 . , 1 1 5 5 ! urkot, ..I . , -.a i'Y .tn cisco, Calif, slant, i.abvMhoo Co.,5309 Horton, .at,.,'.jmiryvillu, Calif.^ ..fcsuuni ..ajuC3to3 Co., o7 5 Co*iiE>trnJ. ..M*n !r.*.ncisco , culif. Crave Lera Ins. Co., Lathaa; o ,uciru Jldc;., Oakland, Calif. n Inu,ia. Iiideum. Co., 350 .Yuiaocio ..t., o.m Francifico, Calif. * abate Corat*. lna. Fund, roraonal Cervice " vf Fn# ", . fif V t 8 4 I [Sir,NATURL J 141 14 <- f*) Fl C O M M IS S IO N O F F R JBi Fu R N O R T H F R N C A L I F O R N I A I f > l I P T BA* I M M t N T O C O U N T Y ) QOS M ISSIO N STHECT 8AN F h a n c is c o 3 *>ACU\MlNrO COl F O R N TY O N L Y R o o m iioo. 0 3 1 J t i i u t r &A<J AMCN1Q FOR SO U TH ER N C A L IF O R N IA i e x ( L P T S A N OIL G O C O U N T Y ) S O S TA r e O U l L O I N a L o s A n C c u b 12 FOR 6A N DI COO C O U N TY 1E21 Fo u r t h A vcnuk 8an D iego I O N LY 8TATK o r C A LIF O R N IA DEPARTMENT Of INDUSTRIAL RELATIO N* INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING c e N o. ..JLXr&jfO 5 4 viF Filed 12-21-54 DO N O T W R IT E IN THIS SPA C E E N TE R E D IN D O C K E T B Y _ _________________ Employee' Name.-- - JACK -CUXiiiiIl, Social Security No.................... ........ .......... .. Name of Employer .. j*rctrons-U d r k . CooiitAny . . & x Travelers Inauratnce Conpany ----- 2.-- t'laot -.tabeatoa ..Coapany..... Name of Industrial Xndejnnlty Company Insurance Carrier 3, Western Asbestos Coa^any ---------- Ltate-Ciaia^ensat ion-JLn&uraoiie Employee' Address 22& U . U o lk ro o k . D r iv e ITRKIT AND NUMBKB ........... ----------------........................................................ ............... T? , e m p lo y e r * T O W N 01 CITV ION* +TAYK Address.. - J j a .a h r a n s i s 5 0 * . C A l i f o r n l a L a t h a n S q u a r w " T*B B id )/;, O a k la n d in s u ^ S t . , a i T F ^ n c i a c ^ *1' Carric/'s Address ............. ................................................................ 6 ? 5 T o v m s e n d T# t v 4 ,'utN m F r a n c i s c o F u a d . ____ , 4 5 Q L . i ^ J L l l f t k t t r ^ W . # ^ i > a n e U e o CITT UK STATS Employee's name__ . Ja c k Cu th b ertsoa. Date of your injury. Place where injury occurred ...... 1949 - 1554 Dan F ra n e in c a ...... CITY ANO S T A T I How did injury occur . What part or parts of your body were injured___IsU fl^ B ........... When did you return to work S t i l l d l & v i b l c d Employee's date of birth.. Employee's occupation at time of injury When did you leave work as a result of this injury worker 3 Q . .19 5 3 . October 19, 1954 JLVPS Full or part time work and at what w age.____ _ .. ...... .......................................... Y o u r wag.4 ur salary (before deductions) $ ... m a x i m in c er hour or V -..............................per week or $_________________ per month. If paid on hourly rate, how many huurs did you work per week..... .................................................... ............................................. .................... Did you receive any of the following: Board? Yes 3 N o 3 Lodging? Yes 3 No 3 > Tips? Yes 3 No 3 > Other advantages? Yes 3 N o ( 3 State their weekly value $_________________ _ Have you been paid any compensation? Yes 3 N o [~3r How much $ .............. ................ TOTAL AMOUKT Date when last payment was n u d e ................................................................ , 19____ _ Weekly rate of payments $ ........ .............. ...... l ias the employer or the insurance carrier furnished you with any medical treatment? Yes 3 N o l~~ht Date when last treatment was g iv e n ......................._ . . ............... , 1 9 . .... List names of all doctors who have treated you and who were furnished by the employer or insurance carrier.................................. .. --.............. Univor&ity of California--- -- ..................... - .... ....... ........................ Have you obtained any medical treatment at your own expense? Yes (jjf N o 3 - List names of all doctors who have treated you at your own expense.............-- -------- ----------------------- -- ...........................-- ........... ............ Arc you claiming any of the following benefits (Answer Yes or N o) : (a) Temporary disability paym ent............. T t t S ............................ (b) (c) Further medical treatment 'l0 & ................. (d) (e) List other benefits claimed and not mentioned above------------- ........-- Permanent disability payment .. Cost of your medical expense........ XOO ----- ------------------------------------- ------------ Have you ever before filed a claim with this Commission? Yes 3 N o Q t If so, when was it filed . lblir F i nonci^itcntgr tildg. ---- Jack GtrtJtWrbean // I t i R A T UI I 01 KWPLKAHT Date -Lftceetbar 1954 , 195. GLoncourt ........... N< )I IIF A K INi. *f1 '}i>* t| -lirn I.n )>ii b*i 6U>I *iik ik lidxiniJ AtJnt tk p*>iih will b* otihed in riling of th lim *nJ plc w/ htifAg Bi(hr p*fIf U i*l i(inu t in p<ii< I f iii o r n iT ui ni`,r *rl u, A .S S \k |H I I * l/le n ia n t i< r ted 11 11 tnd iii* i i u u i u i i * ' * r h | r ; e*. r m u ' I |>l* n ,n * r v iih t n . t l* *i .v* I n 10 d s rt , /t r s n t i ' f ol t n pr <>/ th u ip p l it H t in . in # ** n "l I. tiled by ib * *tn<b.y<r, Osai ill using if.* form iu frm lm d for that purpnt l( i <Dfnijni *mpI<*Tc 1 lnutd In d in * by ih i r r i r i b ut 1/ ik in iu rtn c c t r ii r i l not m * w d , ikrt t)w ., l..,e r il .wl I n < (y 'I.* i s r n t i im iti*.11 ii#1y to tl, p rn m r io * * * r esn h* D A I F t>V SI U V U . K SKVICJI O N f . 4 ihi v i n i SIM R 64 nM r-1 1 Il ' Ls- r STATE OF CALIFORNIA IN D U S T R IA L A C C ID E N T C O M M IS S IO N qJ,L/'-'Ct* 8 6 5 M i m o m S t r e e t , 6 a n FRANCISCO 9 4 1 2 H e lm B u il d in g , F r e s n o 21 Room 2 0 0 . 931 J Street, Sacram ento State B u il d in g . L os A n g e les 12 Ro o m 2 1 4 . ! OO E. Oc e a n B l v o .. l o n g B e a c h 2 1 52 1 4TM a v e n u e . S a n D ie g o 1 Claim N o. 5 4 * ' ?:,.A .K * ...lk l* -i3 / * i*i**4.*\2 ..ULa^W e**J *?**t-''*.iX t x l Y ^ * 'iU * ti^ * * X W sJili (*v3*C* w'tV** * a -*i I 4 U i'* ** i wi C*J^iU & i Y J ik,^1 Cw U auY , J # i . YhO:u .aJ #4OaJ sind A'%V<sL*.;;i Xis v u^ v >ih4A'*wi Y I XXiwU K a X I# C J u - M t X. A l , .v +. a Y Defendant * ./ No tic e of H earing of A pplic atio n For Adjustment of Claim You are hereby notified that an application to adjust a claim for compensation (a copy of which is attached hereto) has been filed with the Industrial Accident Commission of the State of California. You arc further notified that said application has been set for hearing at i-jt. 2(Jo, 1531 ..ustor -t., 0**l*nu, CalifornU, on Ue 23rd da/ of J4ay, 1953 1:30 o'clock >.m . All *> and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law. Notc: The partici are expected to lubm it all issues in controveriy for decision at this hearing; therefore, all necessary witnesses, evidence, documents, medical reports, payrolls, and other essential proof must be available and ready for submission at the hearing. Dated: A*ril 23, 1955 INDUSTRIAL ACCIDENT COMMISSION By KJ.<Utili J . TliuM..*, J a . AmmM/ Set rr/ary The underdgned certifies that as an employee of the Industrial Accident Commission she served the loregoing notice oil the parties hereinafter mentioned, at the time set opposite their respective names, by depositing a copy of said notice attached to a copy of the application therein mentioned, in a sealed envelope in the United States mail on said day, at - 7^ (JO California, with the postage thereon fully prepaid, and addressed to the said parties at their last known places of business or residence, as follows, to wit: NAMi.b OP PARTII.S SLRVLD DA IT. OP bliKVlC.fi see u.LUiC.ioti aliene F o r m 8 5 m . 0 34, [Sk.nctuiu] T) , . He; JACK CUTOBSHT30N IAC / 161-570 List of Employers riant icubber k Asbestos Works, 5309 ilorton St# xuaaryvlLIa t Calif. Western Asbestos Co,, 675 Townsend St.,San Francisco,Calif J. T. Thorps fc Son, biaeryvilla, Calif, Mundet Cork Corp*, 440 brapnon St,, San Frr.ncls co, Calif Cork Insulation Co., San Francisco, Calif, Armstrong Cork Co., 1355 Haricot , San Francis00,Calif Plant Asbestos Co,, 5309 Horton oryyllle, LIST OF INSbllANCB QUMF ANILS Travelers Insurance Co,, Latham Square Bids*, Oakland, Calif. Industrial Indemnity Co,, 350 Janaoma 3t., San Francisco,Calif State Compensation Ins* Fund 450 KcAllister St., San Francisco, Calif.