Document GKgxwR259Rm8r6agj1Gg84BKv

Li&v Offices Of iiAUGrHLIlSr FALBO LEVY <fc MORESI A Partnership Including Professional Corporations SACRAMENTO Te l e p h o n e (Die) 441*6045 REDDING Te l e p h o n e 4016) 222*0268 Fa c s imil e (016) 222*5705 LONG BEACH Te l e p h o n e (233) 405*3711 Fa c s imil e <213) 405*3225 ICEHOUSE II 151 UNION STREET* SUITE 300 SAN FRANCISCO. CALIFORNIA 04111*1221 Te l e p h o n e (415> 781*6676 Fa c s imil e (415) 781*6823 j" December 2, Ann Del Vecchio Self-Insurers Service, Inc. 2620 Augustine Drive, Suite Santa Clara, CA 95054 280 1988 SAN FRANCISCO: MICHAEL. W. LAUGHLIN* GERALD A. FALBO* ROGER A. LEVY* ALFONSO J. MORESI f) [ { C,;; / JOHN T. BENNETT. JR. JAMES R. WESOLOWSKI PATRICIA E. GOULd | /7-" PHILLIP J. KLEIN ' q BERTA J. GILMAN MARK H. BARBER FREDERICK L. WALTER. JR. LUCILLE M. GREENWAY CLARK W. PATTEN STEVEN D. TUAN DAVID W. BOSTON RONALD J. TONEGATO BENJAMIN C1NTZ CKER1SSE C. DYAS WILLIAM F. HOFFMANN** GERALD R. BURKE DIANE M. WILLIAMSON JUDITH A. LBICHTNAM MILTON D. LATHAN PHIL N. WALKER SUSAN E. FINTOR i SACRAMENTO: GERALD A. FALBO* BARRY M. LESCH DEMETRA G. JOHAL JAMES P, PETTIBONE REDDING: HENRY M. SLOWIK BRIGHAM P. JONES LONG BEACH: DOUGLAS M. MARSHALL ROBERT E. BABCOCK* M. JOSEPH RODRIGUEZ* * A PROFESSIONAL CORPORATION ** ADMITTED VIRGINIA PRACTICE LIMITEO TO FEDERAL COURT OF COUNSEL. WILLIAM W. WERTZ Re d a c t e d Re: #3, et al. WCAB Case No: OAK 141300 d) v. Kaiser Shipyard Dear Ms. Del Vecchio: Enclosed herewith, please find a complete copy of the medical report file, which has just been served on us by counsel for co-defendant, Kaiser Shipyards. Dr. Shonfeld was reporting for the co-defendant, and indicated that the case was not asbestos related, because of the rather-long latency period of 43 years. Exactly how Kaiser can now turn around and say they want the money back when their own physician says it is not asbestos related is beyond us. Dr. Shonfeld also comments that there is no indication that any of the chemicals or paints that the applicant worked with at Sherwin-Wi11iams were causative of the lung cancer. It is Dr. Shonfeld's conclusion that the lung cancer was caused by a long smoking history. Dr. Barry Horn, who was reporting on behalf of Mrs. McGhee, states that the condition is in fact asbestos related; and, he states that the exposure at Kaiser Shipyards was in fact 0007-SWP-005803537 CONFIDENTIAL REDACTED SIS Re: / December 2, 1988 Page Two dec'd) 6 /c the cause of the cancer. He has written a number of reports, and does not feel that the latency period suggested by Dr. Shonfeld is too long. This matter is .back on the conference calendar; and, we anticipate counsel for Kaiser Shipyards again restating his demand for deposition testimony of safety individuals at Sherwin-Williams to determine if in fact there was any asbestos exposure while applicant was employed there. In his own deposition, of which we do not have a copy, he apparently stated that there was no asbestos exposure. We will be reporting to you following our attendance at the conference; but, if you have any questions concerning the enclosed medical reports, please advise us. Very truly yours, LAUGHLIN, FALBO, LEVY & MORESI By: ALFONSO .!. MORESI Alfonso J. Moresi AJM/jm Enclosure cc: John F. King, Esq., Sherwin-Williams Company, 101 Prospect Avenue, N.W., Cleveland, OH 44115-1075 Tony Colangelo, Sherwin-Williams Company, 101 Prospect Avenue, N.W., Cleveland, OH 44115-1075 0007-SWP-005803538 CONFIDENTIAL