Document G5YYRKd3082NDBMkJObyvnwNx

FILE NAME: DDd DATE: DOC#: Dd OCUMENT DESCRIPTION:tWZZ: -., .... ., ,. , :-' . : EEf;ORE THE I1'DUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA J, , CASE NO. 57 LA 18;-835 JAMES WHITCOMB RILEY, ) ( . o r- ~ ,J "',.. Applicant, ) ( vs, ) ( JOHNS-MANVILLE, INC., a ) Corporation, et al., ( ) Defendants. ( -------------------------) APPLICATION FOR HEARING AND PETITION FOR REAPPORTIONMENT AND DETERMINATION OF ADDITIONAL AND MULTIPLE LlABILITY AND RESPONSIBILITY UNDER LABOR CODE SECTION 5500.5. COMES NOW your Petitioner, THE INDUSTRIAL INDEMNITY COMPANY, and by this, its Petition, respectfully states, shows, alleges, and petitions as follows: STATEMENT OF FACT AND ALLIDATIONS James Whitcomb Riley, born October 2), 1899, sustained an industrial injury (occupational disease of asbestosis with com- plications) during the approximate period of January 1920 through Hay, 1957 while employed in California at maximum earnings as an insulator by multiple employers under multiple insurance coverages, That applicant became temporarily totally disabled on May 20, 1957, Which temporary total disability continues to the present time with no cessation date'available or foreseeable. That applicant sustained and incurred sUbstantial medi- cal treatment to cure and relieve from the effects' of his indus'trial injury which need continues with nO cessation date available or fore- seeable, TIlat applicuntmay ultimately sustain some permanen~ dis- ability, the extent of which is presently incapable of exact evalua- tion. That an application for hearing for compensation benefit.:! was filed on or about AUGust 2, 1957 which was followed by substan- tial litigation resulting in a Flndin[s and Award of November 27, 1959, a copy of which is attached hereto nnd made a part of this record as Exhibit IIAtI. That Petitions for Reconsideration were filed by multiple - 1- '. derer.dants but denied by Order of the Southern Panel of the Ind~s trial Accident Commission on February 4,-1960. That on or about Harch 3, 1960, applicant made an election against your Petitioner only, as among those held jointly and severally, liable to pay said Findings and Award which payments in fact have been made and continue to be made, That your Petitioner has complied with and continues to comply with said Bindings and Award. Also that to date your petitioner has paid $7400,00 in temporary total disability and ~1376.17 for medical treatment, FIRST, THAT APPORTIO}'1'1'[ENT OF THE ABOVE NENTIONED LIABILITY f AND RESPONSIBILITY BE ALLOdED AS BETWEEN THOSE PARTIES HELD JOINTLY AlID SEVERALLY LIABLE UNDER THE ORIGTIl'AL FINDINGS AND AWARD BUT AGAINST WHOM NO ELEC TI.ON FOR PAYMENT WAS }1ADE. Briefly, your Petitioner respectfully requests that further proceedings be had to determine the extent of liability and responsibi~ity under the Compensation Laws of the State of California of the various jointly and severally liable defendants who, as yet, have not been compelled to satisfy any part of said Findings and A'tlard. As said parties are al~ady joined in this matter, nnd their employment-coverage relationship already adjudicated, your Petitioner asks that these parties be again joined only if nec~:sary and be given notice of said proceedings so as to determine their proportionate liability: SECOND, THAT THE FOLLOWING PARTIES EHPLOYER AND COH.PE~SA TrON CARRIER BE JOlllED AS PARTIES DEFENDANT SO THAT THEIR RESPECTI\G PROPORTIOUATE LIABILITY AND RESPONSlB'ILITY CAN BE JUDICIALLY DE. TSttMllTED. It is respectfully asserted thnt the applicant herein also susta!ned the industrial injury as alleged herein while in the employ of the following employers for the following periods and under the follOl.ling compen::sa;;ion ir.:surance coverage (see also attached letters of Colifornia Inspection Rating Bureau and Social Security Administration, mo.rked as Exhibits B &. C). - 2- J'.,PFROXnu.lZ l'ERIOD OF Er1PLOl'MENT 1. Warren & Bailey Co. 3~28 So. Garfiold Los Angeles s CaUf 192$-1927 . 2. Plant Rubber &: wi Asbestos Company 2741 So. Yates Ave, Los An~eles, Calif, (belLeveo merged Thorpe Insulation Co, same address) 1929-1934 and 1938 3. Weston Asbestos Co. Fourth quarter 1937, 675 Townsend Street First quarter 1938 San FranciSCO, Calif. 4. M. R. Carpenter 907 Front Street Sacramento, Calif, Hay 1938 S. Plant Rubber and Asbestos 'tlorks 937 Binnon Street San Francisco 7.Cal, aka Fibre Board Paper Products Cot'P~, an,d Parriffine Co., Inc, (same address) 1933-i946, irre~ular 6. Earl O. Stice Company 852 West Doran Street Clendale, California 7. C, R. Dutton, C.A. Leighton, vleston Fibre Glass Supply, Ltd, 739 Bryant Street San Francisco 7, Calif. 1946 1946 8. ?~arine En6ineerine, & Irretu1o.r 1946-1951 Supply COr.1pany 914 E. Second Street Los Angeles 12, Calif. (believed merged with C~'lens-Fibre Glass Co,. 5933 Telegraph Avenue Los Angeles, Califo~nia) 9. Roderick Lynch, dba 1947-1943 Lynch Asbestos Company 2152 Sac~amento Stroet Los An~eles 21, Ccliro~nin 1O. ~'larren &: Baile7[ Compa.n~)' 3)0 So. Anderson Stroet Los Angeles, Caliro~nia 1947 11. Uni tea Cork Company t:ear!1ey, llew Jersey Se~ond quarter 1948 CON? ..;i.'iiSATlo:l CAR~IER Unv"nown Unknown State Compensa~ion Insurance Fund, Policy~os. 9322436, 9322437, 9322438 State Comuensation Insurance" Fund Permissibly $e11"insured; Pacific Indemnity Company Unknown Industrial Indemr.ity Exchange Policy Nos, 449833J 4460714 Pacific Employers Insurance Company Industrial Inde~~~ty Company POlicy Nos, 6413-01137, 6483-01145 Stato Compensation Insurance FU."1d Liberty ;1utual Insurance Company - 3- EMPLOYER . - ....:.. .- APPROX D1ATE PER IOD OF EMPLOYMEN T 12. Plant Insulation Co. 2741 So. Yates Ave. Los Angeles 22, Calif. (now known as Thorpe Insulation Company, same address) 1948-1955 Intermi ttently 13. Cork Insulation Co"Inc. Fourth quarter 1948 155 East 44th Street New York 17, New York 14. J. T. Thorpe, Inc. 948 E. Second St. Los Angeles 12, Calif. First quarter 1949; 1956-1957 15. Neindt Cork Company 7101 Tonel1e Ave. North Bergen, N. J. First and second quarters 1950; Fourth ,quarter 1952 16. Metal Clad Insulation Company . 1759 Western Ave. Torrence, Calif. Second & third quarter 1950 17. J. T. Thorpe & Sons, Inc. Fourth quarter 1950 1351 Ocean Avenue limoryvil1e, Calif. 18. Oil Field Construction Co. of Bakersfield 2650 Cherry Ave. Long Beach 6, Calif. Second & third quarter 1951 19. E. J. Bartel1s Company 12 - 26th Avenue S. Seattle 4, Washington Third quarter 1951 20. Armstrong Cork Company Fourth quarter 1951 Liberty & Charlotte Sts. \1 \I 195.3, Lancaster, Penna. 1954 21. Isothein Company 2100 Union Avenue Bakersfield, Calif. First &; Second quarter, 1952 22. Jamar & 01nah Co. 320 North Handling Chicago 24, Illinois 23. Asbestos Products Co. P. O. Box 988 San Diego, California 24. United Refnctory Construction Co. 1201 Ban~:villa Road Plttsbur5h, Penna. 25. Philip Carey Mfg. Co, Loc\{land CinCinnati, Ohio Second, third &. fourth quarter 1952 Fourth quarter 1952 First quarter 1953 Th~rd quarter 1952 First quarter 1953 COMPENSATION CARRIER PaCific Employers Insurance Company Fireman's Fund Insurance Company' Unknown Pacific fumployers Insurance Company American Motorist Insurance Company Unknown . The Aetna Casualty , & Surety r,ompany Unknown The United Pacific Insurance Company Policy No. TCW 13353 Associated Indemnity Company Policy Nos, C-47:3752 & 47-6597 Standard Accident Insurance Company The lravels fnsurance Company Industrial Indemnity Company Policy Nos. 6515-01404 and 6525-01112 The Employers Hutual Liuoility Insurance Company State Compensation Insurance Fund Liberty Hutual Ins uranc e Company edt:: G~neral Accident, Fire & Life Corp. ~ - 4- . -'.... EMPLOYER APPROXD1ATE PERIOD OF EY~LOYNENT CONPENSATION CARRIER 26. Reese Insulation Co. Fourth quarter 1952 6025 District Blvd, First quarter 1953 Los Angeles 22, Calif. Argonaut Insurance Policy No. 50638 27. OWens-earning-Fibre Glass Corporation Toledo, Ohio Fourth quarter 1954 The Aetna Casualty & Surety Company 28. Coast Insulation Produots CO;t'P. 2316 San Fernando Rd. Los Angeles, Calif. Fourth quarter 1954, First, second and Fourth quarter 1955, First quarter 1956 29. Los Angeles Cork Co. Second quarter 1955, 4180 E.Washington Blvd. Third quarter 1955 Los Angeles, Calif. 30. Johns-Manville Sales . Corporation 22 East 40th Street New York 16,.N. Y. Third quarter 1955 Guarantee Insurance Compan1 Policy UC-206B29 & C-514978; Argonaut Insurance Exchange Policy Nos. 86736 and 95792 National Automobile & Casualty Co. Policy Nos, C54712 1 and C572258 The Travelers Insurance Company pOliCY' Nos. 3955647 & 4979820 31. Totman; Morgan Company First, second and 122 So. Michigan Ave, Third quarters 1956 Chicago 3, Illinois 32, Mountain State Construction Co. P. O. Box 7586 Denver, Colorado Second quarter 1957 The Employers Liability Assurance Corp. Ltd, Policy Nos. we 3119719 & WC31482 53 Unknown It is therefore respectfully requested that all of the above named employers nnd curriers be joined, if not already joined in this action, as parties to said action, Further, the requested joinder is listed below: 't 1. Warren & Bailey Company, 3528 SO,Garfield, Los Angeles, Calif. 2. Plant Rubber and Asbestos Company, 2741 So.Yates Ave" Los Angeles 3. Thorp6 Insulation Co., 2741 SO,Yates Ave" Los Angeles, Calif. 4. Weston Asbestos Co 675 Townsend St., San FranCisco, California 5. H. R. Carpenter, 907 Front Street, Sacramento, California 6, State Compensation Insurance Fund, 600 SO.Lafayette Park Pl., L.A. 7. Plant Rubber and Asbestos \'lorks, 937 Binnon St., San Francisco 7 S. Fibre Board Pnpcr Products Corp., 937 Binnon St., San FranciSCO 7 9; Parrifine CO' J Inc 937 B~nnon St" San Francisco 7, California 10, E.9.rl O. Stice Co" 35Z \oicst DO!'9.n St!,QGt, Glel'l.d9.1Q, C9.1H'oI'nls. 11. C. R. Dutton, C. A. Leighton, Weston Fibr~ Glass Supply, Ltd" 739 6ry~nt Streot, San Fruncisco 7, California -5- , i i~d-emnity Exchange, 350 Snnsome St., San Francisco 13. Marine Engineering Supply Co" 914 E. Second St" Los Angeles 12 14. Owens-Fibre Glass Co., 5933 Telegraph Ave., Los Angeles, Calif. 15. Pacific Employers Insurance Company, 1033 So, Hope St.,Los Angeles 15 16. Roderick Lynch, dba Lynch Asbestos Co 2152 Sacramento St" L.A. 17. Warren & Bailey Co., 350 So.Anderson St., Los Angeles, California 18. United Cork Company. Kearney, New Jersey 19. Plant Insulation Co., 2741 So, Yates Ave" Los Angeles 22, Calif. 20. Thorpe Insulation Co" 2741 So, Yates Ave Los Angeles 22, Calif. 21. Fireman's Fund Insurance Company, 3440 Wilshire Blvd., Los Angeles 22, Cork Insulation Co.,Ine., 155 East 44th Street, New York 17, N.Y. 23. J. T. Thorpe, Inc., 948 E. Se'cond St., Los Angeles 12, Calif. 24. American Motorist Insurance Co., 3545 Wilshire Blvd., Los Angeles 5 25. Neindt Cork Co., 7101 Tor..nelle Ave., North Bergen, New Jersey 26. Metal Clad insulation Co., 1759 \'iestern Ave., Torrance, Calif. 27. The A~tna Casualty &Surety Co" 810 So, ~pring St., Los Angeles 14 28. J. T. Thorpe & Sons, Inc., 1351 Ocean Ave., Emoryville, California 29. Oil Field Construction Co, of Bakersfield, 2650 Cherry Ave. Long Beach 6, California 30. The United Pacific Insurance Company, 616 S, Shatto Pl., L. A, 31. E. J. Bartells Co., 12 - 26th Ave..,S Seattle 4, Washington 32. Associated Indemnity Company, P.O.Box 213.3, Los AnGeles 54, CaUf, 33. Armstrong Cork Company, Liberty &; Charlotte Sta., Lnncaster,,:Penn. 34. Standard Accident Insurance Company, 548 So,Kingsley Dr., L.A. 35. The Travelers Insurance Company, 510 West Sixth St . Los Angeles 36. Isothein Compan" 2100 Union AvenuG, Bakersfield, California 37. Jamar & Olnch Company, 320 North Hnndling, Chica..o 24: Illinois 38, The Employers Hutuo.l Linbili ty Assurance 'Co" Ltd .. 639 S. New Hampshire Los Angeles, California 39. Asbestos Produ~ts Co., P.O,Box 988, San Diego, California 40, United Refactory Const. Co., 1201 8unkvil1e Road, Pittsburgh, a. 41. Philip Carey HfS. Co" Loc::land, Cincinnati, Ohio ( 42, General ACCident, Fire &; L::..fe Insurance Corp., 3535 W. 6th St., L.!t, 43. Reese Insulation Co., 6025 District Blvd., Loa Angeles 22, Calif. 44. Argonaut Insurance Company, 1001 Wilshire Blvd., Los Angeles 17 45. Owens-Corning-Fibre Glass Corp,. Toledo, Ohio .. 6 .. !nsulad)'-n Products Corp" 2316 San Fernando Rd,. t, A. 65 47. Guarantee Insurance Oompany, 1671 Wilshire Blvd,. L. A" Calif, 48. L08 Angeles Cork Company, 4180 E. Washington Blvd" Los Angeles 49, National Automobile & Casualty Company, 639 So, Spring St" L,A. 50.Johns ..Hanville Sales Corp" 22 East 40th St., New York 16, N.Y. 51. Liberty Mutual Insurance Co., 714 So. Hill St" Los Angeles, 52. Totman, Morgan Company, 122 So, Mich1gan Ave" Chicago 3, Illinois 53. Industrial Indemnity Co" r. o. Box 2252, Los Angeles 54. l10untain State Construction Co., r. o. Box 7586, Denver, Colorado It is therefore respectfully requested that the above mentioned parties be joined as parties defendant and the matter set for further hearing at the first date lavailable to the Industrial Accid~nt COl11l!li::rsion, Please be advised that coples of this Petition and the attached documents thereto have concurrently been served upon all parties al~eady joined or requested to be joined concurrent with the filing of this rebibion. Dated this 16th day of November, 1960, Respectfully submitted, HERLIHY &. HERLIHY ~ ~.:': By : ) , , ! ) ,,~.. iI' r-.,'; :. . ' ,t ~ I" .\:1 .1;('\:; i ',,", ,rv...v I , l.. "'. ~ v \ Geor'ge '.0, Thompson I, the undersigned, say: I am the attorney for Petitioner in the above entitled action; I have read the fore- going Application for Hearing and Petition and know the contents thereof; and that the seme is true of ITrJ own knowledge,' except as to mntters which are stated upon ~ information and belief, as as to those ,matters that I believe it to be true. I certify and declare under pennlty of perjury that the foregoing is true o.nd C orrec t. Executed on November 18, 1960 at Los Angeles, California, U. Y1' 1/ , '~~ri- \1, 'I .. " ," "",..'"')(",")'\' / ! ~I ii' ~ ..... T; George Thompson 7- , I I BEFORE THE - - ... ~ ~- - INDUSTRIAL ACCIDE.NT COMMISSION OF ':tHE STATE OF CALIFORNIA CASE NO, 57-L.A. 1B2-B)5 JAMES WHI1DOHB RILEY, ~ Applicant, ( ( va. ~ JcOoHrNpSo-rMaAtiNoVnIL; LSEO, UTINHCEORNRPOARSABTEESlT>OJ Sa& ~ MAGNESIA CORPORATION, a corporation; ASBESTOS CO}UlANY OF CALIFORNIA: ~ PIANT RUBBER &: ASBESTOS COMPANY; L(8 ANGELES RUBBER COMPANY; MARINE ) ENGntEERING COMPANY.. a corporation; ( FIBERGLASS ENGINEERntG & SUl'PLY ) COMPANY, a corporation; ROBERT O. ( LYNCH, an individual, doing business ) as LESyTnOoSh ACOsMbPeAsNtYo~s Ca ocmoprapnyoraantdionLY; NCH () ASB PLANT INSULATION COMPANY, a corpora- ( tion; COAST INSULATION PB~UC1S, a ) corporaotriaotnio; nA; RMJ.S'lRTO.NGTHCOORRPKE, COINMPCA.N, Y, () a corp a corporation; WARREN AND BAILEY; ( TOTMAn..MSOSRGACNOMCPPAMnPyA. NPYA; COIrFlEICNSC...COOARSNTING )( FIBERGLA DIVISION; FIANT INSULATION AND THORPE ) COMPANY; . ( ) ~ EMPLAOTYIOERNS, LLTIADB. ILoIfTYLOANSDSOUNR,ANENCGELCAONRDM, )( PQP a corporation; THE 'lRAVELERS lllSUR- ( ANCTEEDCOMnIPDAENHYN, ITaYcCoOrMpoPArNaYti,ona ; coArpSSoOra- - )( CIA tion; FIREMAN IS FUND INDEMNITY COr-t- ) PANY, a cCoOrpHlo'ArNaYti,ona ; cAOEIT'NpAoraCtAioSUnA; LTY {) & SURETY INDUS 'IR IA L INDID1NI TY COMPANY, a ( corIpToYraItNiSoUnR;ANEMCEPLOCOYMERPASNfY>IDOTFUAWL ILSICAO-NSnt. ){ BIL a corporation; GUARANTEE ntSURANCE } COMPANY, a corporation; ARGONAUT ( INSURANCE COMPANY, a corporation; ) AMERICAN MOTORISTS INSURANCE COMPANY. a corporation; ZURICH INSURANCE CQt-tPANY, a corporation; FACn;'IC ( EMPLOYERS INS URANCE. COMPANY, a ) ( corporation, ) -----------------------------) Defendants, ( Hays and McLaughlin, by applicant's attorneys FINDINGS AND AWARD, ORDER DENYING LIEN CLA. 00 ANt> ORDER DISMISSING PARTY DEFENDANT John F. McLaughlin, Herlihy &. Herlihy, by 1<ennis T.Jones, for Argonaut Insurance Co., Phoenix attorJ"'.~Ys Inderon~tJ Co Fireman's Fund Indemnity Co., Industrial Indemnity Co,. and funployers Llability Assur- ance Corp., Ltd. of London. England Clopton and Penny, by R. Wriesner, attorneys for Pacific Employers Insurance Co. - 1 .. EXHIBIT \lAH Tipton & Weingand, by C. We Ingand , attorneys for Assooiated Indemnity Corp. Spray, Gould and Bowers, by M. W. Bralley, Jr, attorneys tor Employers Mutual Liability Insurance Co, of Wisconsin and Guarantee Insurance Co. F. E. Carignan, representative for American Motorists Insuranoe Co. Joseph Bilchak, representative for The Travelers Insurance Co. An Applicat!on having been filed herein and all parties having appeared and the matter having been ~egularly submitted for decision, GEORGE A. l~TlNEtLI, ~eferee, makes his Findings and f Award, Order Denying Lien Claim and Order DismiSSing Party Defendant as follows; FINDINGS OF FACT 1. James vlhitcomb Riley, born October 23,. 1899, while employed as an insulator by various employers 1n the State of California, commencinG in the month of January, 1920 continuing through May 19, 1957, sustained injury ariSing out of and occurring in the course ot his employment as tollows: In the performance of his occupational duties, the applicant was exposed dur~ng each and every day of his employment to deleterious dusts, the accumulative effects of which resulted in a pneumoconiosis and tuberculosis which -f rendered the applicant totally disabled on May 19, 1957. 2. The names of the employers and insurance carriers for said employers during the periods of said employment and exposure are as follows: (a) Employers: Johns-Manyille, Incorporated; Warren and Bailey; Southern Asbestos & Masnesia Corporation; Plant Rubber and Asbestos Company; Los Angeles Rubber Company; Plant Insulation Company; Harine Engineering Company; Robert O. Lynch, an in.oividual, doing business as Lynch Asbestos Company and Lynch Asbestos 57-LA 132-935 - 2- Company; Plant'~I~s-ulat1on and Thorpe Co, j Armstrong Cork Company; Coast Insulation Productsj Totman-Morgan Company; and J. T. Thorpe, Inc, (b) The insurance carrier for Marine Engineering Company, a corporation, and Plant Insulation Company, a corporation, during a part of the period of applicant's employment, was Pacific Employers Insurance Company, a corporation. The insurance carrier for Robert O. Lynch, an individual, doing business as Lynch Asbestos Company and Lynch Asbestos Company, a corporation during a part of the period of applicant!s employment, was Industrial . Indemnity Company, a corporation The insurance carrier for Coast Insulation Products, a corporation, during a part of the period of applicant's employment was Guarantee Insurance Company, a corporation. The insurance carrier for J. T. Thorpe, Inc., a corporation, during the entire period of applicant1s employment, Was American ~1otorists Insurance Company, a corporation. The insurance carrier for Plant Insulation Company, a corporation, during a part of the period of applicant's employment, was Fireman's Fund Indemnity Company, a corpor~tion. During said times, all the employers and the employee .. were subject to the provisions of the Labor Code of the State of '. California. 3. Said injury caused temporary total disability, entitl- ing the applicant to ~40.00 per week beginning May 20, 1957 through November 16, 1959 and thereafter during the continuance of disabllity or until the further Order of thls Commi ss ion. based upon maximum earnings. 4. Defendants are ent i t led to credit for all sums hereto- fore paid as disability indemnity. 5. Applicant is ent itled to be reimbursed for the reasonable value of medicnl treatment procured by him to cure or relieve from the effects of said injurYI to be adjusted by the 57-LA 182-<:135 - :> - among th~~~eves. If adjustment is not possible, this Commission will determine the matter upon the filing and service of itemized bills. Among the items of reimbursement are the following: The defendants are directed to pay to Veterans Administration Hospital the surn of ~2,685.60; to Dr, C. Pierre De Lawter, the sum of $105.00; for services rendered as anesthesiologist which was authorized by the defendants; and to Dr. John K. Shirey, the sum of ~331.00. 6. In view of Finding #$, the 11en claims of Dr. C. Pierre De Lawter and Veterans Administration Hospital should be denied. 7. Pursuant to Labor Code Section 4600, applicant is entitled to the reasonable, actual and necessary medical expens~ incurred for x-rays~ laboratory fees and medical reports required . to successfully prove his claim herein, in the s~~ of $150.00 pay- able directly to Dr, John K. Shirey. 8. Founders Insurance Company is entitled to a lien against unpaid compensation in the sum of il,040.00 for the period beginning May 27, 1957 tor a period of 26 weeks, at the weekly rate of ~40.00 under the provisions of Labor Code Section 4903-F. 9, Founders Insurance Company is not entitled to a lien in the S~~ of ~120,OO for hospital benefits paid the applicant under the provisions of the Labor Code, 10, Applicant is entitled to such further medical and/or surgical treatment as may reasonably be required to cure or relieve from tho effects of said injury, This treatment ~s to be furnished by the defendants herein, 11. Said injury will result in permanent disability. Further hearing to establish the extent thereof will be held by th~ Cor.~ission upon the request of any party in interest upon proof that the disability has become permanent and stationar:;. 12, The claim har~in is not barred by the Statute of Limitations, 57 -LA 182- 8.35 -4- EXHIBIT II AI'  -..=- .- 13. Defendants have not been prejudiced by any alleged failure of the applicant to report said injury within the time required by the provisions of the Labor Code. 14. Applicant's attorneys are entitled to a lien against unpaid compensation for the reasonable value of their services in the sum of ~750.00. 1$. Pursuant to stipulation of the parties, Phoenix Indemnity Company, a corporation, -is entitled to be dismissed and discharged berefrom. -AW - ,A-R-D AWARD IS MADE in favor of James Whitcomb Riley against Johns-Manville, Incorporated, a oorporation; Warren and Bailey; Southern Asbes~os & Magnesia Corporation, a corporation; Plant Rubber and Asbestos CompanYj Los Angeles Rubber Company; Plant Insulation Company, a corporation; Marine Engineering Company, a corporation-; Robert O. Lynch, an individual, doing business as Lynch Asbestos Company and Lynch Asbestos Company, a corporation; Plant Insulation and Thorpe Compnny; Armstrong Cork Company, a corporation; Coast Insulation Products, a corporation; Totman-Morgan Company; Pacific Employers Insurance Company, a corporation; Industrial Indemnity Company, a corporation; Guarantee Insurance Company, a corporation; American Motorists Insurance Company, a corporation; and Fireman1s Fund Indemnity Company, a corpor-atlon, jointly and severally, of the sum of :j40.00 per week beginning Hay 20, 1957 through November 16,1959 and thereafter during the continuance of disability or until the further Order of this Commission; to;ether with interest as 'provided by law; less all sums heretofore paid; less the sum 01' i.$1,040.00 pa:lable to Founders Insurance Company, as outlined in Finding #8; and less the sum of ~750.00 payable to Hays and McLaughlin, as attorneys' fees; together with reimbursement for the reasonable value of his self-procured medical treatment; Qmonb the items of reimbUrsement, the defendants shall pay directly to 57-LA 182-835 - .5 - .....;,.., .-.. Veterans Administration Hospital, the sum. of 1,ii2,685. 60; to Dr. C. Pierre De Lawter, the sum of ~105.00; and to Dr, John K. Shirey, the sum of $)31.00, as outlined in Finding US; together with reim- bursement under Labor Code Section 4600 in the sum of ~150.00 payable directly to Dr. John K. Shirey; together with such further medical and/or surgical treatment as may reasonably be required to cure or relieve from the effects of said injury, as outlined in Finding #10. IT IS ORDERED that the lien claim of Veterans Admini- stration Hospital and the lien claim of Dr. C. Pierre De Lawter be and they are hereby DENIED. IT IS FURTHER ORDERED that Phoen1.x Indemnity Company, a corporation, be and it is hereby DISMISSED. DEFEh"DAN.'l'S ARE FURTHER ORDERED to report to report to this Commission on Form C-6 within ten days after the cessation of compensation payments under the above oontinuing award. Copies of said form and copies of all reports incidental thereto are to be served on all adverse parties before filing with this Commission. GAM:NN 'GEORGE A. MARTINELLI Referee INDUSTRIAL ACCIDEnT COMMISSION 57-LA. 182-835 DATED AT LOS ANGELES, CALIFORNIA nOVEHBER 27, 1959 SEA L Exhibi t II A"