Document Eqw425voVM0YkBZpynYaJb97x

FILE NAME Manville JMA DATE 1956 DOC JMA139 DOCUMENT DESCRIPTION Contract Unit Claim File - Ervey McCarrell ' WORKERS COMPENSATION APPEALS BOARD - CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION prior to 1966 . APPLICANT ERVEY Mc CARRELL | Insulation Worker DATE CLAIM FILED Dec. 14 1956 INJURY ALLEGED Injury to throat & lungs ALLEGED DATE OF INJURY Nov. 14 1956 CASE #LA 176684 EMPLOYER INSURER Armstrong Cork Co./Travelers et al including M Corp. OTHER NOTES No apparent Canadian carrier DATE OF RESOLUTION Dec. 14 1959 RESOLUTION Compromise & Release among 6 employers 13,500 settlement DOCUMENTS COPIED 1 Compromise & Release 2 Med Rpt of Urabec to Travelers of Oct. 12 1959 # OF PAGI 2 CLAIMANT Ervey Carrell - California Workers Compensation Appeals Board CARRIERS INVOLVED oThe AETNA Casualty & Surety Co. American Automobile Ins Co. American Employers Ins Co. American Motorists Ins Co. oArgonaut Ins Co. oAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange California Compensation & Fire Co. oCasualty Ins Co. of California oEmployers Liability Assurance Corp.Ltd Employers Mutual Liability Ins Co. of Wisconsi-n_ oFide&lCaisut aly ty Co. of New York 7 Fireman's Fund Ins Co. oGeneral Accident Fire & oGlobe Indemnity Co. Co. Life Assurance Assurance Corp. Corp. Ltd. oGuarantee Insurance Co. oGreat American Ins Co. oHardware Mutual Casualty Co. Sentry oIndustrial Indemnity Co. oIndustrial Indemnity Exchange oInsurancCoe. of North America Liberty Mutual Ins Co. Ins Co. oLumberman's Mutual CasualtCoy. oMaryland Casualt Coy. oMichigan Mutual Liability Co. OMission Insurance Co. oNational Automobile & Casualty oNew Amsterdam Casualty Co. Ins Co. oOcean Guara & Gnuat rae nte ee Pacific Employers Ins Co. oPacific Indemnity Co. Corp. Standard Reliance Ins Co. Standard Accident Ins oRoyal Indemnity Co. U.S. oSecurity Ins Co. of Hartford oState Compensation Insurance Fund Co. Casualty Ins Co. oTransport Indemnity Co. The Travelers Ins Co. oThe United Pacific Ins Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. 0 24 5/81 mmf I WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 ERVEY O. McCARRELL ee CASE No. 56 LA 176 684 10 Applicant 7 ARMSTRONG VS. {) CERTIFICATION CORK COMPAMY al THE TRAVELERS INSURANCE COMPANY 8 et al CERTIFICATION CERTIFICATION CERTIFICATION 9 I hereby certify that the attached documents are true and correct copies of the original documents filed in the records * of this office in the entitled matter ATTEST my hand and the Seal of the Workers Compensation 15 Appeals Board of the State of California 16 17 19 20 N21 Dated at San Francisco forkers Compensation Compensation Judge Workers Compensation Appeals Board California this 6 day N April 1981 DIA WEAB FORM 115 NEW 1.70 oom + OOP DEPARTMENT OF INDUSTRIAL RELATIONS OF ACCIDENTS YOJAN 14 PM 307 10 11 12 13 14 15 16 17 18 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION CASE NO 56 LA 176-684 ERVEY 0. McCARRELL Applicant OR THE CALIFORNI wen REFEREE 4 LOS ANDSLES ANDSLES AFB ISOUSTRIAL ACOMENT COMMS STATE OF CAL JOU ge R din PILED JAN 1950 din VILLIZ VILLIZ KAPLAN 653 PEGRELLAD . So. es -V8- ARMSTRONG CORK COMPANY a corporation THORPE INSULATION COMPANY formerly known as PLANT RUBBER & ASBESTOS COMPANY UNITED CORK COMPANY a corporation PLANT RUBBER & ASBESTOS WORKS FIBREBOARD PAPER PRODUCTS CORPORATION MARINE ENGINEERING & SUPPLY COMPANY LARRY CARR doing business as LOS ANGELES MARKET REFRIGERATION & ENGINEERING COMPANY PARAFFINE COMPANY INCORPORA- ; T. THORPE INCORPORATED JOHNS- MANVILLE SALES CORPORATION PLANT INSULATION COMPANY THE TRAVELERS INSURANCE COMPANY a corporation LIBERTY MUTUAL INSURANCE COMPANY a corporation PACIFIC EMPLOYERS INSURANCE COMPANY a corporation STANDARD ACCIDENT INSURANCE COMPANY a corporation FIREMAN'S FUND INSURANCE COMPANY a corporation CORNING GLASS COMPANY THE AETNA CASUALTY & SURETY COMPANY a corporation COMPROMISE . oan AND RELEASE STs AGREEMENT a i s - sree Defendants 19 The parties hereto for the purpose of compromise only 2 hereby submit the following agreed statements of fact 2 1. Ervey 0. McCarrell the applicant herein born March 22 3 1903 claims that while employed during the period of 1942 to 23 date as an insulation worker at maximum earnings for Armstrong Co 24 Company a corporation whose compensation carriers were The 25 Travelers Insurance Company a corporation and The Standard 26 Accident Insurance Company a corporation The Thorpe Insulation 27 Company formerly known as Plant Rubber & Asbestos Company whose 28 compensation carriers were Pacific Employers Insurance Company 29 the United Cork Company a corporation whose compensation carrier 30 was the Liberty Mutual Insurance Company a corporation the Fibre- 31 board Paper Products Corporation formerly known as the Paraffine 32 Company Inc. sued herein as Paraffine Company Inc. and by Plan -1- Rubber & Asbestos Works formerly a wholly owned subsidiary of ' Fibreboard Paper Products Corporation under its then name of the Paraffine Company Inc. which was permissably insured the Marine Engineering and Supply Company whose compensation carrier was Pacific Employers Insurance Company Larry b Los Angeles Market Refrigeration and Engineering Company whose comper sation carrier is unknown J. Thorpe Incorporated whose compe sation carrier was Pacific Employers Insurance Company Johns- ' : Manville Sales . Corporation whose was The cIonmspuelnastaitoinon carrier am 10 Travelers Insurance Company Plant Company whose ancdomper 11 sation carrier was the Pacific Employers Insurance Company 12 Fireman's Fund Insurance Company and the Corning Glass 13 Company whose compensation carrier was The Aetna Casualty & Surety 14 Company a corporation all of which above alleged employments 15 being at various locations throughout the State of California sus- 16 tained an injury arising out of and occurring in the course of his 17 employment allegedly consisting of occupational exposure to asbes the 18 tos resulting in the claimed injuries and disabilities to 19 claimed herein che 20 2. The actual weekly wages of the employeaet the time 21 of claimed injury were maximum . .22 3. The nature of the employees present disability is in 23 dispute and the employee has returned to work irregularly since 24 the cessation of payments of temporary disability 25 4. Disability indemnity has been paid to the applicant 26 herein in the sum of 4,160.00 at 40.00 per week for the period 27 of December 5 1956 through December 4 1958. The amount due and 28 unpaid to the employee is in dispute 20 5. The parties hereby agree to settle any and all claim 800 on account of said injury by the payment of the sum of 13,500.00 31 over and above all monies paid heretofore which sum is to be con- ra + 32 tributed as follows -2- 1 2. 7 12 13 14 15 16 17 18 19 20 . 1. Fibreboard Paper Products Corporation formerly known as The Paraffine Company Inc. sued _ herein as Paraffine Company Inc. and by Plant Rubber & Asbestos Works formerly a wholly owned subsidiary of Fibreboard Paper Products Corporation under its then name of the Paraffine Company Inc. 2. & corporation 3. 4. corporation Standard Accident Insurance Company Travelers Fireman's -- --" Insurance Company a corporation ---- Fund Insurance Company a 5. Liberty Mutual Insurance Company a $ 3,295 ot --| 5.700 12,940 , 5 --,, corporation 6. OO Pacific Employers Insurance Company a 185 corporation 7. TOTAL . 1,350 . 13,500 . From said sum shall be deducted for attorneys fees payable to William T. cant as well as the deduction of any and the sum of $ 1,000.00 Hays attorney for appli- all valid liens of record from said sum 21 6. It is agreed by and between the parties hereto that 22 any and all medical treatment not already furnished by the defen- 23 dants herein is to be borne by the applicant only and not by any 24 of the defendants herein 25 7. That applicant's attorney William T. Hays requests 26 an attorney's fee of 1 0G, OC and has received the previous 27 attorney's fee in the amount of .. , if ~< any 28 8. The name and address of applicant's attorney is 29 William T. Hays 6331 Hollywood Boulevard Los Angeles California | 30 9. REASONS FOR COMPROMISE 31 A bona fide dispute exists between the parties as to 32 whether or not the applicant in fact sustained an industrial injury -3- ee as alleged It is further contended that the disability payments to date in fact should be acredited to any claim for permanent di ability assuming an industrial injury to have occurred rather th as temporary disability inasmuch as the condition was permanent al initio It is further denied that the applicant is in need of or sustained entitled to further medical treatment assuming that he an industrial injury - ts agreed hereto It is further by and between the parties * approved that in the event said Compromise and Release is a prejudice dis- 10 missal with may issue in favor of Larry Carr b Los 11 Angeles Market Refrigeration & Engineering Company Owens Corning 12 Glass Company and the Aetna Casualty & Surety Company a corpora- 13 tion Further the parties desire to avoid the hazards delays ar 14 costs of further litigation and buy their peace All medical re- reference 15 ports now of record are by made a part of this agreem 16 as though written herein 17 10. The undersigned respectfully request that this 18 Compromise and Release agreement be approved 19 11. Upon approval of this Compromise and Release agreer 20 by the Industrial Accident Commission and payment in accordance 21 with the provisions hereof said applicant releases and forever di them 22 charges said employers and insurance carriers and each of a 23 their officers agents servants , employees and assigns of them a 24 each of them and the nurses physicians and surgeons of them and them 25 each of them whether acting individually or on behalf of , or 26 any of them from all claims and causes of action whether now kno 27 or ascertained or which may hereafter arise or develop as resul and 28 of said injury employments including any and all liability 29 of said employers and said insurance carriers and each of them t 30 the dependents heirs executors representatives administrators 31 or assigns of said applicant and in further consideration of pay- 32 ment in accordance herewith applicant agrees that this release wi -4- whickh nown known 10 materially affected settlement 12 12 13 pensation disability benefits i4 from any source EXECUTION WITNESS THE 15 HEREOF this California California 1959 at Los Angeles San San 26 Francisco, Californie 17 18 HAYS MC LAUGHLIN Applicant 19 HAYS & MO LavGHLIN , 20 21 AG ARMSTONG CORK COMPANY 22 23 24 25 26 27 corporation corporation COMPANY, a corporation corporation corporation: INSURANCE 28 By COMPANY, a 29 30 31 Inc. herein : Inc. formerly RUBBER PLANT ASBESTOS wholly owned subsidia WORKS WORKS formerly wholly Ine., and by PLANT wholly Company, -5- Tormerly a RUBBER & ASBESTOS wholly owned Subsidia -5- pre ee peek . : oe : wits soem eee i 2 3 ~. of Fibreboard under Paper Products Corporati its then name of The Paraffine Company Inc. By BROBECK PHLEGER & HARRISON 5 Renaldo Renaldo Sciaroni 1 Sciaroni Jr. Attorneys for 6 above defendants 7 ee - 9 - - , UNITED CORK LIBERTY COMPANY a corporation MUTUAL INSURANCE COMPANY a corporation a co med GeorgeGeoGerorgge e R. Haswell defendants Mle apt Attorney for above defendants , a ? 12 13 14 15 7 16 17 18 19 20 21 | - 22 23 | B.LLouamor Attoe rneyaouo x - MANVILLE SALES CORPORATION a corporation THE TRAVELERS INSURANCE COMPANY a corporation Bros. Bros. corporationj / j Joseph Blichak Attorney for above i defendants INSURANCE COMPANY PLANT INSULATION COMPANY FIREMAN'S FUND corporation a corporatic a . Ny Harold Representative Ny s ; . Representative Harold Shoop Representative MARINE J. ENGINEERING & SUPPLY COMPANY T. THORPE INCORPORATED PLANT INSULATION COMPANY PACIFIC EMPLOYERS INSURANCE COMPANY a corporation By CLOPTON PENNY a 25 Per 0 Es Attorney Robert C. 26 , Attorney for aboye defendants . 27 || STATE OF CALIFORNIA COUNTY OF 28 LOS 9 aANGELS e Lem 88 undersigned this Notary in on this Notary day of and b 1959 1959 29 Public and for the said residing therein duly commissioned and before me the County and State 30 || ERVEY 0. McCARRELL known to me to be sworn the personally appeared scribed to the within Instrument and person whose name is sub- 31 executed the same . acknowledged to me that he WITNESS WHEREOF || IN 32 my official I have hereunto set my hand and affix seal the day and year in this Certificate first above written - oe \ Notary Public in and for said County and State of California | . -6- weve ee eee 7: JOHN H. URABEC M. Suite 30 MEDICAL OFFICE BUILDING BUILDING 1136 WEST BIXTH STREET LOS ANGELES 17 CALIFORNIA 12 October 1959 The Travelers Insurance Company 510 West Sixth Street Los Angeles 14 California Gentlemen Re McCARRELL ERVEY O. 56 LA 176-684 176-684 , Armstrong Cork Co. & Johns- Manville Corporation Corporation B 8289902 & 8789244 were obtained Age 56 Occupation Asbestos Birthplace worker Texas March 3 1903 In MaritalMarital Status Married California since 1922 Family of History Father Age 84 living and wellwell age 41 cause unknown Brothers Mother Deceased at the living and well ChildrenChildren None Three Living and well Sisters Three strangling allegedly working Present Illness The until the latter patient stated that he was in part of 1956. Plant he had an episode of At that time while at work at the Valley Steam in his environment He subsequently due to the inhalation of dust was seen by Dr. Robert Robert subsequently developed a severe Kennicatt of Los Angeles He cough and a chest ray taken Because of the was examined and had Dr. Reginald Smart who at the nature of the findings he was referred He was advised to present time is still his to stop his work attending physician immediately been present ever since It has His cough continued and has exposed to irritants He however slightlyslightly diminished since he is area He is short has a slight hurting in his chest in the not of breath with slight exertion As substernal referred to the laboratory laboratory of Dr. H. . part of the study he was performed He stated Motley where exercise tests were diagnosis was made study from the at least if any diagnosis was about it For some time made he intervals of every six to now he has been seeing eight weeks and Dr. Motley at intervals of Re Ervey O. McCarrell 2 McCarrell . , sweatsflor diarrhea constipation bleeding day capillary At the present time he stated that he has his fingers and toes become a hurting in his chest and the ends of he exercises His sore He is not particularly aware of these unless stated was principal complaint at this time is his cough which he very embarassing and which makes him He has been receiving cold shots to very nervous and shaky keep from getting colds Previously he stated that he had only mild colds but seemed to catch them throat at this time seems to be irritated all of the easily His stuffiness and he is not time He has had no nasal He has had a mouth breather He wears glasses for reading only no headaches or symptoms relative his night sweatsflorfever -He has had ears He has had no edema His no orthopnea nocturnal dyspnea or ankle digestion is good His bowel movements any nausea vomiting are regular He denied or gas jaundice rectal For time some pills that were prescribed tended to upset his souring stomach but he is now receiving another pill to combat has had no recent this bleeding from hemorrhoids He He stated that he relative to the denied any symptoms urinary system He stated that his He lacked ambition and drive He energy was poor He was moderately tired at the end of the slept well and felt fairly rested after a night's sleep If he he tired very easily but he admitted that he exerted himself relax easily He also stated that if he recuperated very easily as he could exerted himself in any way he became breathless more easily as he did not seem to have the At the onset of his illness he respiratory reserve lbs On his weighed about 185 lbs He now weighs about 196 forearms he has had intermittent episodes of small hemorrhages Habits He denied using tobacco and alcohol of coffee a day He drinks about three to four cups a Past Medical History He denied slight attacks of tonsillitis in any previous serious illness He has had He had the past but he has not had his tonsils left herniorraphy in 1947. He had removed a hemorrhoidectomy in 1954 Occupational History He stated that he started to work with asbestos materials about 1939. For about five years he stated he Rubber and Asbestos works worked with the Plant doing marine insulation work For about ten years he worked for the Armstrong Cork Company insulating steam boilers He worked in the field at boiler houses and pipes and that this was steam plants He stated moderately dusty work most of the time No masks in this type of work In addition to the above were worn he drove a lunch occupations for several years restaurants wagon and did various types of work in different an Physical examination revealed a well developed well nourished adult white male who did not appear acutely or chronically ill The skin of his face had a ruddy complexion and his lips were of a slightly dusky color He had intermittent dry unproductive cough : Temperature 97.6 Pulse 72 regular Blood Pressure 106/72 Weight 200 lbs Car Re Re Ervey Ervey Y Y Carrell Carrell a : C Head and Neck Eyes reactions and movement s normal Ears moderate amount of soft wax in both Nose mucous canals drums grossly grossly normal membranes moist slightly swollen Mouth oral hygiene fair passages ample _ - Dentition moderate number of molars : fillings extracted remaining teeth slightly tarnished moderate number of . : mucosa diffusely reddened Tonsils moderate size smooth Neck no adenopathy stiffness or abnormal pulsations Chest symmetrical slight increase in the a diameter bilaterally Lungs breath sounds slightly diminished rales in both lower lobes at the bases scattered fine moist posteriorly and laterally Heart regular rhythm no murmurs Abdomen no masses or tenderness Ge italianormal well healed left herniorraphy scar Rectum small external tags present Extremities finger nail beds were slightly curved and dusky in color the nails were widened and slight clubbing of the fingers was present The were essentially the same toes Fluoroscopic examination of the chest showed an of a fine linear character accentuation of the markings localize,principally to the lower halves of each field The cardiac silhouette was not lung were round and smooth and significantly enlarged The diaphragms moved about three centimeters with respiration A large series of chest films taken films taken at the at the office of Dr. Smart as well as Hospital of the Good Samaritan ray Department several as a few taken by Dr. Paul Quaintance were as well available for review slightly depressed The earliest films were those taken and were dated 11-20-56 at the Hospital of the Good Samaritan These films showed a in the lower halves of both lung fields scattered fine basilar infiltration The minor interlobar fissure appeared to be Adhesions on the right diaphragms more on the left than the were present to the domes of both present at the heart border right and some adhesions were also on the left appeared to be relatively clear The apices and the costophrenic angles . 9 > ? the lower lung fields bilaterally below the Films taken on 8-27-57 show levels of the second interspaces are also slightly overshot and no essential change The films taken on 12-9-57 show no significant change The 2-5-58 4-4-58 films show no change A Bucky film taken on and infiltration to appear to be 7-30-58 shows the slightly more discrete but this radiologic 12-19-58 technique Subsequent films are dated might 8-27-58 be due to ~ = 1-27-59 3-18-59 5-14-59 7-16-59 show 10-10-58 a significant change A Bucky film taken on no additional . the latter date shows the fine discrete infiltration to be in extent and in the There areas noted in the were 33 films in this series In five of original film of 11-20-56 discernible these films the dates were not } Six films from the office of Dr. review These were dated Paul Quaintance were also available for quality and 1-18-57 and 12-5-58 They were of grossly did not show any changes from the rather poor films taken above historically which suggest the presence of a diffuse pulmonary fibrosis which was not present in films taken by Dr. Rolla On the basis of this patient's G. Karshner in November 1944 pneumoconiosis has been occupation a diagnosis of an occupational made by several of his Although the ray appearance of the chest attending physicians is compatible with such a diagnosis ~? 8 From the review of the films it is has occurred in the appearance of my the impression that no- significant change film of December 1956. It must be abnormal markings since the original technique slight differences in the remembered that with changes in radiologic changes cannot appearance of the lung fields Dr. Smart's always be attributed to actual pathological occur and such report of August 26 1959 he changes In bronchitis I wonder if these changes speaks of changes due to a subacute than to changes in the are not due to ray technique rather underlying pulmonary pathology Re Ervey O. McCarrell # 5 McCarrellN ee 7? With this extent of pulmonary asbestosis or a pneumoconiosis I would expect considerably the greater greater degree of pulmonary function impairment pulmonary function studies done on Certainly February 10 1959 do not indicate a disabling degree of pulmonary function considering the extensive markings in both lung fields His pulmonary present physician intimates that his apparent present improvement is on the basis of his steroid and IPPB treatments I do not know of any reference in the literature in which it been demonstrated that the use of has . true steroids has altered or improved a parenchymal fibrosis As regards the use of IPPB treatments = does improve pulmonary ventilation but in this this ' Dr. Motley's findings findings this has not been instance if one accepts of observation a particular problem during the period a. Thank you for the privilege of being permitted to see Mr. McCarrell Very truly yours uratze H. Urabec M. D.