Document GKNQakk2deN0borKdnMKO3prr
FILE NAME Manville JMA
DATE 1967 DOC JMA147 DOCUMENT DESCRIPTION Contract Unit Claim File Oscar L. Gilbert
WORKERS COMPENSATION INDUSTRIAL ACCIDENT APPEALS BOARD - CALIFORNIA
COMMISSION prior to 1966
APPLICANT
OSCAR L. GILBERT
a
Asbestos Insulator
DATE CLAIM FILED
April 19 1967
CASECASE CASE oA T) NA 19219
INJURY ALLEGED
Inhalation of
asbestos to lungs
ALLEGED DATE OF INJURY
1942 28 1966
EMPLOYER INSURER
Fiberglass Engineering & Supply
Casualty et al
including m Corp.
OTHER NOTES
"... generalized infiltration of what is
apparently
fiberglass
e
Med Rpt to applicant's attorney
" believe his major
problems are
secondary to his exposures
to asbestos
fiber-
glass and the dust surrounding them
DATE OF RESOLUTION Jan. 19 1968
RESOLUTION
Compromise & Release .
15,000 15,000 settlement
-
DOCUMENTS COPIED
1
Compromise
Compromise &
Release
# OF PAGE
PAGE
.
CLAIMANT
.
Gilbert
Oscar Gilbert
. ;
California Workers Compensation Appeals
Board
CARRIERS INVOLVED
The AETNA Casualty & Surety Co.
oAmerican Automobile Ins Co.
oAmerican Employers Ins Co.
American Motorists Ins Co.
oArgonaut Ins Co.
oAssociated Indemnity Corp.
oCalifornia Casualty Indemnity Exchange
oCalifornia Compensation & Fire Co.
oCasualty Ins Co. of California
Employers Liability Assurance Corp.
Employers Mutual Liability Ins Co. of Wisconsin -
oFidelity & Casualty Co. of New York
,
_
Fireman's Fund Ins Co.
oGeneral Accident Fire oGlobe Indemnity Co.
Assurance
& Life Assurance Corp.
Ltd.
oGuarantee Insurance Co.
oGreat American Ins Co.
oHardware Mutual Casualty Co. oIndustrial Indemnity Co.
Sentry
oIndustrial Indemnity Exchange
Insurance Co. of North America
Ins
Co.
oLiberty Mutual Ins Co.
oLumberman's Mutual Casualty Co. oMaryland Casualty Co.
oMichigan Mutual Liability Co.
oMission Insurance Co.
oNational Automobile & Casualty oNew Amsterdam Casualty Co.
Ins
Co.
oOcean Accident & Guarantee Corp.Ltd Corp.Ltd Pacific Employers Ins Co.
oPacific Indemnity Co.
oReliance Ins Co.
oRoyal Indemnity
Standard Accident Ins Co.
oSecurity Ins Co. of Hartford U.S. Casualty Ins
OState Compensation Insurance Fund
oTransport Indemnity Co.
The Travelers Ins Co.
Co.
oThe United Pacific Ins Co.
OU.S. Fidelity & Guaranty Co.
oZenith National Ins Co.
oZurich Ins Co.
co00
14 14
<
5/81
mm
I
WORKERS COMPENSATION APPEALS BOARD
2 STATE OF CALIFORNIA
3
hb OSCAR L. GILBERT
CASE NO
67 ANA 19219
5
Applicant
6
VS. ) 7 PABCO CORPORATION EMPLOYERS
B MUTUAL INSURANCE COMPANY OF
WISCONSIN
CERTIFICATION
o
Defendant
}
I hereby certify that the attached documents are true
12
and correct copies of the original documents filed in the records -
of this office in the entitled matter
13 ATTEST my hand and the Seal of the Workers Compensation
Appeals Board of the State of California
16
17
-
19
. 20
21
2 j Dated at San Francisco
Board Workers
Workers
Compensation Judge
Compensation
Compensation Appeals Board
California this 31
day
2 of March 1981
DIA WCAB FORM 115 NEW 1-78
SOSON NT DT EP
BELATIONS DEPARTMENT OF INDUSTRIAL DIVISION OF INDUSTRIAL ACCIDENTS
guardian
guardian litem
of
guardian
ad
litem
litem
and
trustee
must
has not been previouslypreviouslypreviously appointed
apointment 2. The
accompany this agreement
appointed a petition petition forappoapipnotimnetnmtent
guardian must
a such minor should
sign
this
agreement
on
behalf
of
an
injured
employse
who
is
also sign this agreement
under 21 years of age If the minor is above the
+ Attach all medical reports not heretofore submitted to the
age of
Workmen's Compensation Appeals Board and adviseadvise when other
reports were fir
WORKMEN'S COMPENSATION APPEALS BOARD
DIVISION OF INDUSTRIAL ACCIDENTS
DEPARTMENT OF
INDUSTRIAL RELATIONS
COMPROMISE AND RELEASE
STATE OF CALIFORNIA
SOCIAL SECURITY 432-10-4423 oy
CASE NO ANA 1921
.
Miss OSCAR L. 6532 Mr. Mrs.
GILBERT
TL
AFFLICANT
6532 Bestel Ave. Westminster Cali
FIBERGLASS ENGINEERING CO ET AL CORECT NAME OF EMPLOTER
ATTACHED SHEET
NAME OF
ADORGES
parties - The hereto for the purpose of compromise only hereby submit the following agreed statements of fact 7
L. 4 GILBEGIR LBET RT
1911 _ claims that he was employed on
asbestos worker
OGRUPATION
workmen's compensation liability
from
1942
to
employee herein born May 1967
23
See
day of
the
.19
ar
MONTH
TEARI
employers named
various cities
ICITTI
herein
in Calif . STATE
NAME OF EMPLOYER
then insured : as
attached sheet
follows particularly ISTATE NAME OF
OR
he sustained an injury arising out of and in the course of his employment as
the as set forth in all of
medical
SELF WHETHER
and the
To the lungs and more
reports filed herein
2. The actual weekly wages of the employee at the time of injury were maximum
maximun
$
while the average weekly wages wer
: 5. The employee's present disability is
in dispute
and the employee noreturned to work
STATE PREBENT DISABILITY REBULTING FROM THE IMAJN
HIF SO STATE WHEN
4. a Temporary disability indemnity has been paid to the employee in the sum of none
beginning
to and including
The
due and
none covering b Permanent disability indemnity has been paid to the employee in the sum of
period
inE addX itioE n to OaR nyIOsNums hIeOretoIfSSore paid by the employer or the insurer to the employee VCE CEES EX Oe EM XXXXX
~--no SeeAddendutmo Paragraph 5
2
FO.
6. Medical and hospital expenses have been paid 1.119.89 by the employee and none _by the employer or carrier
Unpaid bills
to 300.00
Future medical and hospital expense
is estimated at 5,000.00
Unpaid and
applicant future medical and hospital expense is to be assumed as follows All by
DIA WCAE FORM 15 PAGE 1 FORMERLY FORM 431
ASV
1.661
eee 322 t.760m ST cur Ne
200 N. Broadway California .
employee's
7. Name and address of employee's attorney if
Rose Klein and Marias Santa Ana
California
8.8. Sa^fldattorney requests a fee of $ 1,500.00
Amount of attorney fee previously paid if any $
-N-
Compromise_A_dispute exists this case regarding the question of whe 9. Reason for Compromise_A_dispute Compromise_A_dispute
or not the applicant has
if to any alleged disability limitations limitations
The
statute formidable on both sides
sustained any industrial injury or injuries and
productive
extent of applicant's
defendants assert the
present
affirmative defense of the
consequently the hazards of litigation are
Therefore it is agreed that this Compromise :
10. The undersigned request that this Compromise Agreement and Release be approved 11. Upon approval of this Compromise Agreement by the Workmen's Compensation
Appeals Board or a Referee and payment i
12.
;
is by all parties hereto that the filing this document the filing of an application behalf the employee and that It agreed
of
is
the W.C.A.B. may in its discretion set the matter for
on
of
issue any of the facts admitted herein and that if hearing as a regular application reserving to the parties the right to put ir
have available to them all defenses that
hearing is held with this document used as an application the defendants shal
thereafter either
said
were available as of the date of filing of this document and that the W.C.A.B.
hearing has been haeplpdraonvde the maCtotmeprrroemgiuslaerlAygsruebemmiettnetd afnodr dReecliesaisoen or disapprove the same and issue Findings and Award amfsteyr
For the purpose of determining the lien claim filed herein for the
paid under or pursuant to the Californiz
unemployment compensation disability benefits which have been
_ upon for settlement and release of this caUsneemployment Insurance Code the parties propose the following division of the sum agreed
period $
for
temporary disability covering the
$
_for accrued
medical
.to
expense paid or incurred by the employee
$
_for future medical care
$.
for permanent
disability
involved The above segregation must be fair and reasonable and must be based on the real facts of the
made to deprive the lien claimant of a reasonable recovery consistent with all the
case There should be no attempt
amounts
WITNESS the signaturebereof day of
\ Opens
Jilb
WITHESERS THE INJURED APPLICANT'S SIGNATURE MUST BE ATTROFES BY TWO
DISINTERESTED DISINTERESTED PERSONS OR ACKNOWLESSED BEFORE A NOTART PUBLIC
ORANGE
STATE OF CALIFORNIA
of County CALFERNIA
CALFERNIA
CALFERNIA CALFERNIA
By Puled
$$
Its Attorneys Attorneys Its Attorneys
On this 1971 1971 day of JANUARY JANUARY
said County Joseph FARENBAUE _4 Notary Public in and for the
__A.D KS before me
W.
FARENBAUE
and State residing therein duly commissioned and sworn personally appeared
CSCAR CSCAR
known to me to be the person whose name is
L GILBERT GILBERT
same bscribed to the within Instrument and acknowledged to me that _... be executed the
IN WITNESS WHEREOF I have hereunto set
hand and
written
my
affixed my official seal the day and year in this Certificate first ebove
j
OFFICIAL SEAL
4 JOSEPH W. FARENBAUCH orphis
PRINCIPAL OFFICE CALIFORNIA| NOTARY PUBLIC
CALIFORNIA
|
orphis
BRANGE COUNTY
!
orphis Mly Commission Expires Sept. 1971
DIA WCAB FORM $ PAGE 2 IFnsuraLY FORM 431
PEY 1.041
orphis orphis
,
p- orporhpihiss
;
retire
, Cre
A
Notary Public in end for said Countaynd State of Californi
9900B7 670ac0 e 8 (i) iT, 00s i
MANVILLE CORPORATION
Travelers ; Insurance Company
David Taylor 7
,
7
J. T. THORPE & COMPANY American Motorists Insurance Company
BY
G the
the
John Henderson
a,
PLANT ASBESTOS COMPANY
BALDWIN INC INSULATION INC Pacific Employers Company
Insurance Company of North
America
PLANT RUBBERRUBER
ASBESTOS WORKS ,
permissibly insured
By
sogood sogood sogood
sogo d
int ques
ques
v
SYDNEY LOUIS CARPENTER THORPE INSULATION COMPANY PLANT INSULATION COMPANY Fireman's American Insurance
Company
FIBERGLASS ENGINEERING COMPANY
Aetna Casualty and Surety Company Weingand Kendig & Stockwell
ache By 2 U/
AL Abia
-
*
.
.f
.
.
;
-
;
RE OSCAR L. GILBERT
C C
ADDENDUM TO COMPROMISE AND RELEASE
:
LINE 5
The Compromise and Release is to be paid as follows
Aetna Casualty and Surety Company 2404 Wilshire Boulevard Los
Angeles Fiberglass Engineering Co. 6,771.49
.
Street Firemen's American Insurance Company
Sixth
Los
Angeles California Sydney Louis Carpenter Thorpe Insulation
Company Plant Insulation Company 5,502.99
Works Plant Rubber and Asbestos Company 537 Brannon Street San
Francisco California permissibly insured 1,811.88
Pacific Employers Company Inarance Company of North American
plant Asbestos Company Baldwin Inc. Insulation Inc.
: <
161.06
American Motorists Insurance Company J. T. Thorpe & Co. 87.60 Travelers Insurance Company Manville Corporation 664.98
TOTAL
15,000.00
It is intended by this Compromise any and all liability of each and herein for any periods of insured
unknown
to release all of the
employment
and forever settle named insurance carriers
whether or nowknown
All payable in a lump sum less the following sums to be
Aetna Casualty & Surety Company 269.00 to Morton
paid by
226.00 to Dr.
Smart
20.00 to Dr.
Weinstein
Kritzer M.D .; 100.00 to
Schubin 504.89 to Occidental Life Insurance
Dr.
500.00
to
the
Department
of
Employment
all
Company
in full
and
of their respective Liens and less attorneys fees satisfaction