Document J3aQyypYE5oeO38GLXbG7nDEZ

FILE NAME: Contract Unit W orkers Comp Claims (WCC) DATE: 1966 DOC#: WCC064 DOCUMENT DESCRIPTION: W orkers Comp File - Lumbattis, Vernon File Name Contract Unit Claim File: Vernon Lumbattis Feb. 2/66 Scanned ? yes Source JMA: NS-JM Start Year 1966 Stop Year 1966 Contents Notes claim  WORKERS' COMPENSATION APPEALS BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSION, prior to 1966) APPLICANT VERNON LUMBATTIS _______________________ CASE # LA 291957 Insulator________________________________ DATE CLAIM FILED INJURY ALLEGED Feb. 11, 1966__________. _______________________ Exposure to dust/Stresses & strains of employment ALLEGED DATE OF INJURY 1942-Dec. 21, 1965 ____________________ EMPLOYER/INSURER Baldwin, Ehret, & Hill Fibreglass, et. al. including J-M Sales No apparent Canadian carrier OTHER NOTES ________Pneumoconiosis probably due to asbestos is ________Total & permanent disability_____________ DATE OF RESOLUTION Aug. 23, 1968_______________________;______________ RESOLUTION (3) Compromise & Release $30,000 settlement apportioned among 18 carriers DOCUMENTS COPIED 1) Compromise & Release # OF jB^GEi CLAIMANT Lu/vi battis________________________ ____ J3 California Workers' Compensation Appeals Board CARRIERS INVOLVED: The AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. oAmerican Employers Ins. Co. American Motorists Ins. Co. Argonaut Ins. Co. oAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. Casualty Ins. Co. of California Employers Liability Assurance Corp.Ltd. oEmployers Mutual Liability Ins. Co. of Wisconsin oFidelity & Casualty Co. of New York Firfeman's Fund Ins. Co. oGeneral Accident, Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co. oGreat American Ins. Co. Hardware Mutual Casualty Co. (Sentry Ins. Co.) Industrial Indemnity Co. olndustrial Indemnity Exchange Insurance Co. of North America Liberty Mutual Ins. Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. Mission Insurance Co. oNational Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers ins. Co. oPacific Indemnity Co. Reliance Ins. Co. (Standard Accident Ins. Co.) oRoyal Indemnity oSecurity Ins. Co. of Hartford (U.S. Casualty Ins. Co.) State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins. Co. The United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. oZurich Ins. Co. o ________________________________________ o ________________________________________ o __________________________________________________________________________ o ______________________________________________________________________ o 5/81 mmf 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 VERNON E. LUMBATTIS, 4 Case No. 66 LA 291-957 5 Applicant . 6 vs. >. 7 BALDWIN, EHHET,HILL, INC., [ st.&1 - 1 8 certification 9 Defendant J 10 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the records' 13 of this office in the above-entitled matter. 14 ATTEST my hand and the Seal of the Workers1 Compensation 15 Appeals Board of the State of California. 16 17 18 19 20 21 22 23 24 Bated at San Francisco, 25 California, this 6 day 26 of April, 1981 27 Df oIAr mWnCeA6 (NCW (.*> MM T ftP OIFARTNIMT r INDUSTRIAL RELATION eivietoworin o v o t r im . AcctoKwr* : c. 1 erlihy, Rerlihy, Jones & Nelson t t o m e y s at Law 2 ulte 740 Roosevelt Building ;cJ 27 West Seventh Street 5 os Angeles, California 90017 5 *1 " 4 elephone: 627-4911 5 ttorneys for The Travelers Insurance Company Insurance Company of North America 6 Pacific Employers Insurance Company and their Assureds 7 8 WORKMEN'S COMPENSATION APPEALS BOARD 9 STATE OF CALIFORNIA ERNON E. LUMBATTIS, ) Applicant, ) vs, BALDWIN, EHRET, HILL, INC, it al Defendants. Case No. 66 L. 291 957 Social Security No.' 561-28-5882 COMPROMISE AND RELEASE Applicant hereby requests that the employers herein after named and the insurance carriers hereinafter named be joined i parties defendant in this proceeding and that all other parties be dismissed as defendants. The parties hereto, for the purpose of compromise on tiereby submit the following agreed statements of fact: 1. Vernon E. Lumbattis, 12459 East Firestone boulevard, Norwalk, California, employee herein, born on November 29 1912, claims that he was employed in the State of California beginni: in 1941 to date hereof as an insulator, as a laborer, and in other employment classifications by the employers hereinafter named, some of said employers being then permissibly self-insured, the remainder of said employers being then severally and separately insured as to workmen's compensation liability by the several insurance carriers hereinafter named, and that he claims that he sustained inj ry or -1 - c injuries arising out of and occurring in the course of his several employments as follows: To his chest, lungs and other bodily part due to exposure to dust and due to stresses and strains of employm or sustained other disabilities or injuries in some other manner. It is claimed that said employments and injuries caused temporary , / C-__ 1 . Employer Hama and AJJk m 9 .... -- . Call L. Smith 3 10241 Victoria Avenue Whittier, California 4) ICalifornia Shipbuilding Corp.; 5 IBo* 906 6 Wllatngton, California 7 California Shipbuilding Corp. 8 Mundet Cork Corp, 6} South 11th St. 9 Brooklyn, Hew York 10 Morgan Bros. .3430 Beat Slauaon Ave. 11 Maywood, California 12 Cork Insulation Co., Inc. .155 Baht 44th St. 13 :New York, Hew York 14 . .Cork Insulation Co,, Xnc. I C. P. Braun A Co. | ; 1000 South Praaont avanua , Alhambra, California - Pat's ConditionsIra, Inc. . Homs Insulation Contractors' ; 1840 South Cloverdale Awonua Los AngtUe, California - Del E. Webb Corp. Box 7588 Phoenix, Arisons * . 11 ' ? Marina Bngtnsaring A Supply CtT, ;Dal X Wabb Corp. Znt'l. Asa. of Rost and Prost Insulators 3637 Bast 37th 8t. Maywood, California 18 Plant Rubber & Asbsstoa works .53? Brannon St. 16 VSan Francisco, California i. '1 17 'Guy T. Atkinson Co* Csorgs Pollock Co. 18 iP. 0. Box 259 ;Long Baach, California . 19 ;California Shipbuilding Corp. 20 Lynch Asbestos Co, 2152 Sacramonto St. Los Angalos, California ;Pibraboard Paper Product# Corp, i1789 Montgoaary Street San Francisco, California ' ; R. T. Dinwiddle 532 Coolldge Drive San Gabriel, California 21 Cuy T. Atkinson Co. 22 Csorgs Pollock Co. I Marina Engineering A Supply Co 23 941 Beat Second St. Los Angolas, California 24 Al Co Company 5423 Flemish Lane Los Angelas, California '.Armstrong Cork Co. Liberty and Charlotte Ste. Lancaster, Pennsylvania 25 Plant Rubbar A Asbastos Works Marine Engineering A Supply Co. 26 Marine Engineering A Supply Co. "i 27 1 :174 Bast Onion St. >. 28 29 Ben Lang l . ,,{ 1 i ;Pasadena, Canforata ' . ' l . '' JR. T. Dinwiddle j 4465 East 52nd Place 30 Maywood, California 1Armstrong Cork Co. 4 j 31 Pat's Condltlonalre, Ine. 1015 West Second St. 32 Los Angeles, California iJ. T. Thorpe, Ine. , (| ; : i94B Best 2nd St. j jLos Angeles. California . ; J -3" '; V ( ( 1 ;Thorp* Insulation Company !271.1 South Tat** ***au* 2 U>* A o g aU s, C a lifo rn ia 3 iJ. T. Thorp, Zac. .4 Warraa A Bailey Co. 6 3528 South Carflald Avenue ;Lo* Ans*l*, California e ,Hugh A Elsdon 7 i3282 E**t Gags Avtnu* 8 ;Huntington park, California Marla* Engineering A Supply Co. . 9 10 11 Araatrong Cork Co. Hugh A Eladoa ] 12 I Robart's Roof A floor Co. 13 927 South Mala St. 1 :Las Vagaa* Nevada 14 15 , C. f. Braun A Co. 4 18 ' Armstrong Cork Co. 17 18 j Thorp* lnaulatlon Company 19 , Oil Plold Conatrn, Co. 20 P. 0. Box 987 iiBakarsflold, California 21 Thorp* Insulation Company 22 23 'Robert's Roof and Floor Co. .24 FlbargUa Englnaarlng A Supply Co. 25 441 East Second St., Lo* Angolas, California 26 R. T. Dinwiddle, Inc. 27 6827 S. Atlantic South Cate, California 28 Thorp* Insulation Company__ ___ 29 United Refractory Const. Co. 30 P12i0tt1sbBuarngkhs,vlP11s*nnRsoyaldvs.nl* 31 Hundet Cork Corp. 32 N71o0r1thToBnenrgeUn*, AHv*evnuJ*ersey Totnan Morgan Co. 2217 Most 135th Placo .81u* Island, Illinois J. T. Thorp*, Inc. Totsan Morgan Co. . John* Manvlll* Sal** Corp. \ 22 East 40th St. Nw York, Now York Owons Corning Plbtrglaa Corp. ; ' P. 0. Box 901 Toledo, Ohio Industries Supply Co.' of S*n Diego 4th Avomi* A J St. San Dl*go, California Armstrong Cock Co. J . T. Thorp*, Inc. B. T. DinwlddU, lac. I Industries Supply Co. of San Diago Coaat Insulating Product 2684 Lccey St. Los Angelas, California Shalbuma Refrigeration, Inc. 1247 Main St. El Centro, California Matai Clad Insulation Coopany, loe. Box 178 Torrance, California Base Insulation Coopany ,4363 Valley Blvd. Los Angelas, California i Thorp* Insulation Company Owen* Corning Ptbarglas Corp. Coaat Insulating Products B A B Englnaarlng A Supply Co., P. O. Box 2531 Houston, Texas Accurate Insulation Co., Inc. 900 South Cypr*** St. Lahabra, California __ 4- >( X 1 Los Angelas Cock Company 4160 Beet Washington 3 bo* Calitoral* United Cork Companies Corp. Pt. Control Ave. Kaarny New Jersey 3 Pl*a6 Asbestos Co 1300 64th St.. ' 4 Emsryvills, California 8 Ow*n* Coming Flberglas Corp. 6 Coast lnaulatins Product* 7 Aeeurat* laaalatle* Co Inc ' 8 Plant Aabeatos Co. 9 10 Lao 1. Iklns Coupon? 11 4933 Valla? Bird. Los Angola* California 12 Cal (tata Insulation Co. 13 4(32 Wsst Imperial Ha?. Inglewood. California 14 Mundot Cork Corp. 15 O w n Coming Pibarglaa Corp. 16 Coaat tnaulatlng prodneta 17 18 Pabao Insulation Corp. 1789 Montgomery St. 19 Saa Pranelsca California '20 Plant Asbaatos Co. 21 Cal gtata Xnsnlatlon Co. \ 22 Skin* Industrial Insulation Contractor* 4933 Vails? Bldg. Los Angola*, California Chicago Bridge & Iron Co. 901 West 22nd St. Oak Brook, Illinois National Refrigeration Salas Inc. 4400 San Fernando Road Gland*la. California J. T. Thorp*. Inc. Thorp* Insulation Company Owen* Coming Pibarglaa Corp. Los AA8*le* Cork Company 4180 East Washington Lo* Angela*, California Skin* Industrial Insulation Contractors ffha Isotbam Company 605 Williams Bakaraflald. California lacy Manufacturing Co. 2400 Bast Dominguey St. bong Baach, California Baldmln ghrat Hill. Inc. 500 Bravalg Avenue Trenton, New Jersey 23 Industrial Building Matorlala Xnc. 2808 So. Vail 24 bo* Angolas California 25 Tborpa Insulation Company 26 Hund*t Cork 27 `United Cork Companies Corij Baldwin Ihrat Hill, Inc. 28 Armstrong Contracting A Supply Corp 29 120 North Lima St. Lancaster, Pennsylvania 30 A 1 In su la tio n Co. 31 11Ir3d51e nDeCsrmeownd, SCt.U f o r n i . 32 -5 ( .( 1 3. The actual weekly wages of the employee at the 2 time of injury are in dispute. 5 4. The employee's present disability is in dispute. '4 The employee continued to work. 5 5. No temporary disability indemnity has been paid 6 to the employee. The amount due and unpaid to the employee and the 7 liability of the several employers and their insurance carriers are 8 in dispute. ^ 9 6. No. permanent disability indemnity has been paid 10 to the employee. The amount due and unpaid to the employee and the 11 liability of the several employers and insurance carriers are in 12 dispute. 13 7. The parties hereby agree to settle any and all 14 claims on account of said injury by the payment as hereinafter pro 15 vided of the sum of $30,000.00 in addition to any sums heretofore 16 paid by the employers or the insurance carriers to the employee, said 17 sum to be payable as follows: One lump sum to applicant, less 18 attorney's fees and less such other liens as may be allowed by the 19 Workmen's Compensation Appeals Board. Reference is made to paragraph 20 12 hereof. 21 8. Medical and hospital expenses have been paid: 22 Some by the employee and some by the employers or carriers. Unpaid 23 bills amount to: None. Future medical and hospital expense is 24 estimated at: Conjectural. Unpaid and future medical and hospital 25 expense is to be assumed as follows: All to be paid by the employee. 26 9. Name and address of employee's attorney: 27 Steven`Roseman, 1543 West Olympic Boulevard, Los Angeles, California 28 90015. 29 10. Said attorney requests a fee of $ Reasonable 30 Amount of attorney fee previously paid, if any, $ None . Payment 31 to be made by such insurance carrier as may be determined by the 32 Workmen's Compensation Appeals Board. Ii -6- ( c 1 11. Reason for Compromise: Applicant cla 3 his several employments In California and his several employments fc 3 which he was hired in California have resulted in injury or injuries 4 Applicant was employed before coming to California. Applicant has 5 been employed outside of California. Applicant has worked outside 6 of California for employers who hired him in California. Applicant 7 warrants and represents that all employers for whom he has worked in a California or who hired him in California are listed in this Com- v 9 promise and Release Agreement. Defendants claim that applicant's 10 disabilities, if any, resulted from his employments outside of 11 California and resulted from systemic and other conditions unrelated 12 to his employment by the employers herein named. Defendants claim 13 that applicant's employment by them caused neither injury nor dis 14 ability. Defendants allege that applicant's claim is barred by the 15 statute of limitations; chat the Workmen's Compensation Appeals 16 Board has no jurisdiction; that applicant's injury, if any, was in- 17 |tentionally self-inflicted; and that applicant's injury, if any, was 18 proximacely caused by his own serious and wilful misconduct. De 19 fendants further claim that any injury or disabilities sustained by 20 applicant have been fully compensated. There are other points of 21 dispute between the parties, but the parties have agreed to end their 22 differences by compromise as herein provided. I 23 | Defendants are willing to pay the compromise amount 24 to end litigation and buy their peace. Applicant is willing to accep 25 the compromise amount to avoid the delays and uncertainties of liti 28 gation. Applicant desires to control his own medical treatment if an 27 is required. Applicant represents that this compromise is adequate 28 and request prompt approval. 29 12. During applicant's employment by the em 30 herein named, said employers were severally and separately insured 31 as to their workmen's compensation liability by the following named 32 insurance companies. Said insurance companies and employers agree 7- 1 severally to contribute the amount set opposite the name of each 2 company to the settlement herein. Such aggregate payments shall be 3 in full of their liability and the liability of the employers herei '4 named. Said insurance carriers and employers and the amount to be 5 paid by each of them are as follows, to wit: 6 INSURANCE COMPANY AMOUNT 7 Liberty Mutual Insurance Company 6006 Wilshire Boulevard 8 Los Angeles, California 9 Aetna Casualty and Surety Company 10 2404 Wilshire Boulevard Los Angeles, California 11 Mission Insurance Company P.0. Box 75031 12 Los Angeles, California 13 Fireman's Fund Insurance Company 3223 West Sixth Street 14 Los Angeles, California 90005 $ 552.00 \ 8.427.00 129.32 5.337.00 15 State Compensation Insurance Fund 600 South Lafayette Park Place 16 Los Angeles, California 462.44 17 United Pacific Insurance Company 443 Shatto Place 18 Los Angeles, California 90005 19 Chicago Bridge & Iron Company 301 East Colorado Boulevard 20 Pasadena, California 261.03 137.58 .21 Casualty Insurance Company of California 1477 South Manchester 22 Anaheim, California 138.78 23 Plant Rubber and Asbestos Works 537 Brannon Street *24 San Francisco, California 125.00 25 Reliance Insurance Company 548 South Kingsley Drive 26 Los Angeles, California 609.00 27 Hardware Mutual Casualty Company (Sentry Insurance Company) 28 13215 East Penn Whittier, California 29 Industrial Indemnity Company 30 505 South Virgil Los Angeles, California 31 240.00 3,549.00 ( 1 INSURANCE COMPANY American Motorlsts Insurance Company z 3545 Wilshire Boulevard 3 Los Angeles, California 4 Lumberman's Mutual Company 3545 Wilshire Boulevard 5 Los Angeles, California 6 Employers Liability Assurance Corporation 639 South New Hampshire Avenue 7 Los Angeles, California 8 Argonaut Insurance Company 443 Shatto Place 9 Los Angeles, California 10 The Travelers Insurance Company 3600 Wilshire Boulevard 11. Los Angeles, California 90005 12 Insurance Company of North America and 13 Pacific Employers Insurance Company 4050 Wilshire Boulevard 14 Los Angeles, California 90005 AMOUNT $ 1,299.00 560.00 417.00 798.00 225.00 6,732.85 15 16 TOTAL $ 30,000.00 17 13. The undersigned requests that this Compromise 18 and Release Agreement be approved. 19 14. Upon approval of this Compromise and Release 20 Agreement by the Workmen's Compensation Appeals Board, or a Referee, 21 and payment in accordance with the provisions hereof, said employee 22 releases and forever discharges said employers and each of them, and 23 said insurance carriers and each of them, of and from all claims and 24 causes of action whether now known or ascertained or which may 25 hereafter arise or develop as a result of said injury, including any 26 and all liability of said employers and said insurance carriers and 27 each of them, to the dependents, heirs, executors, representatives, 28 administrators, or assigns of said employee. 29 15. It is agreed by all parties hereto that the filing 30 of this document is the filing of an application on the behalf of the '31 employee and that the Workmen's Compensation Appeals Board may, in 32 its discretion, set the matter for hearing as a regular application, -9- i ( ( 1 reserving to the parties to put in Issue any of the facts admitted 2 herein and that If hearing is held with this document used as an 3 application, the defendants shall have available to them all de 4 fenses that were available as of the date of the filing of this 5 document and that the Workmen's Compensation Appeals Board may there 6 after either approve said Compromise and Release Agreement or dis 7 approve the same and issue Findings and Award after hearing has been 8 held and the matter regularly submitted for decision. 9 (SSS APPENDAGE) 16* For the purpose of determining the lien claim 10 filed herein for the unemployment compensation disability benefits 11 which have been paid under or pursuant to the California Unemploy 12 ment Insurance Code, the parties propose the following division of 13 the sum agreed upon for settlement and release of this case: 14 $ for temporary disability covering the period 15 to ; $ accrued medical expense paid or in- 18 flcurred by the employee; $ for future medical'care; 171 $ for permanent disability. (The above segregation must 18 be fair and reasonable and must be based on the real facts of the 19 case. There should be no attempt made to deprive the lien claimant 2 0 1 of a reasonable recovery consistent with all the amounts involved.) 21 17. In further consideration of the payment in 22 accordance herewith, applicant agrees that this release will apply to 23 all unknown and unanticipated injuries and damages resulting from sue 24 accident, casualty, event, employment and/or employments, as well as 25 all those now disclosed and all rights under Section 1542 of the 26 Civil Code of California are hereby expressly waived. Section 1542 27 of the Civil Code of California reads as follows: 28 "A general release does not extend to claims 29 which the creditor does not know or suspect 30 to exist in his favor at the time of executing 31 the release, which if known by him must have 32 materially affected his settlement with the debtor." -10- f ( 1 18. In further consideration of the payment of the 2 foresald sum, applicant agrees that this release extends to and 3 overs the executors, administrators, heirs, representatives, 4 uccessors, assigns, officers, directors, agents, servants, and em- 5 loyees of the defendants and each of them, and the physicians, 6 urgeons, and nurses of the defendants, and each of them, whether 7 eting individually or on behalf of them, or either of them. 8 WITNESS THE SIGNATURE HEREOF this ^ ^ " ^ d a y of 9 , 1968 at Los Angeles, California. sfrrik I r f v l r R(>s EMAn7 Attorney o r Applican STATE OF CALIFORNIA ss BOUNTY OF LOS ANGELES) On this 7'7,'1^a.y o f A . D . 1968 before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared VERNON E. LUMBATTIS, known to me to be the person whose name is subscribed to the within Instrument, and acknowledged to me that he executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first . above written. OFFICIAI. SEAL ! ANTHONY J. BRAOISSS T ?-:jX NOTPARRIN CPIUPAS LLICO.FCFAICLIIFOINRNIA j | LOS ANSCLES COUNTY Notary and State County LIBERTY MUTUAL INSURANCE COMPANY and AETNA CASUALTY & SURETY COMPANY By WEm^tND, & STrOOCCKKSWgtL m i s s i oinNIInNsSuUrRaAnNcCeE COo]m p a n y / '( /l ' By - '' A V . F.' W. JRRINGTNj Cl>iti:s Examinei By A U l t i * / '/dtrib / > T ^ e i r A t t piokys FBIyREHMAANN'SN'^/ij/BfoRDOIPNHSYT^ANCE* 17C/OMPANY By ^ _ rts Attorneys STATE COMPENSATION INSURANCE FUND Bv By2Z2^2ZS3SZ iIts Attttoormneevyss/ '> ' -11- INDUSTRIAL INDEMNITY COMPANY and AMERICAN MOTORISTS INSURANCE COM PANY and LUMBERMAN'S MUTUAL CASUALTY COMPANY and EMPLOYERS LIABILITY ASSURANCE CORPORATION, and ARGONAUT INSURANCE COMPANY By MCLAUGHLIN, EVANS DALBY & By 3 & 4 U J Their Attorneys THE TRAVELERS INSURANCE COMPANY and INSURANCE COMPANY OF NORTH AMERICA and PACIFIC EMPLOYERS INSURANCE/COMPANY JONES &.NELS HENRY E. PHISTER, Their Attorne; -12- I! I c S A M U E L J . S I L L S . M. O. <007 w n jH M t roulcvaro kOS ANOCLCS, CAUTORNIA 0 0 3 7 MUCRARO 3 - 5 0 0 0 Steven Roseman 1621 W. Ninth St, Los Angeles 90015 Dear Hr. Roseman Re: Vernon E. Lumbattis The above captioned presented himself at my office March 18, 1966 and gave the following history. 'a . CHIEF COMPLAINT: shortness of breath and fatigue. PRESSNT ILLNESS: The patient states that on December 23, 1965 he seemed to have a "heart attack." When questioned about his symptoms he stated he had pains in his chest, real shortness of breath. Prior to this be stated that he had been getting this shortness of breath for about six months. He would note this shortness of breath when he would walk up stairs, did any physical exercise, or running. The patient was sent into the hospital, Physicians and Surgeons Hospital, Compton, California. Patient was treated at the hospital for about six days and was then discharged. Pulmonary function studies were done at the St* Francis Hospital about January 18, 1966. Patient did not return to work because he was too tired and fatigued. The patient was then informed by his physical that his difficulties with his breathing and his lung was due to his" exposure. Patient was then referred to Dr. Louis Leventhal. Associated with this shortness of breath the patient has noted a slight cough in the past six months. Patient raises a tenacious, whitish sputum, there is no blood. The patient has not lost any weight and eats well. The patient has had no night sweats or fever. Patient has had wheezing on occasion but he has also had pain in his right lower chest and in the axilla on the right side. Patient states that at times when he gets the pain on the right side, it felt as though' he had to lean against something as though he had a strain there. Patient finds that if he walks too fast he gets short of breath. There has been no swelling of the ankles, feet, or legs. In the past three or four months the patient states he has had to use two pillows and usually double these up. PAST HISTORY: Patient had had ulcer surgery about 1959. Patient had a ventral hernia repaired in 1963. He has had no pneumonias. Patient states that he has had occasional attacks of pleurasy bilaterally for years. This first began about nine years.ago. The patient has had no serious injuries. SYSTEMIC HISTORY: Eves, E^rs, Nose, and T h r o a t : Essentially negative except that he does not see quite as well as he used to. He has had upper and lower dentures. Last week he was out of work becuase of dizzy spells when he went up and down stairs. Cardio-Respiratory: present illness. Gastro-Intestinal: Patient has an ulcer history as noted under past historyj ! ( Steven Roseman - 2- otherwisea no symptoms. Gastro-Urinary: Essentially negative. Neuro-tftiscular: Negative. ALLERGIES: Negative. H ABITS: Patient smokes approximately one pack of cigarettes a day for thirtytwo years. He stopped smoking December 23. 1965. Alcohol: an occasional beer. Drugs: ' He has been on occasional courses of antibiotic Patient has been' receiving*digitalis for his heart. He sometimes takes one a day but often forgets about it. No drug idiosyncracies that he knows of. NO reactions to penicillin or sulfa. RESIDENCE H I STORY: Born: Illinois and lived there until 1929. until the present time he has lived in Los Angeles. Prom 1929. . OCCUPATIONAL HISTORY: Patient worked for the 6afiner-Sattier as an assembler. This was in Vernon California in 1929, lie worked for the fire department for the city of Maywood. In 1941 he was doing fiberglass work and asbestos - work for numerous contractors throughout Los Angeles. Patient wrapped the hot water lines and the steam lines with these materials. He worked primarily with asbestos and magnesia wrappings for the first five years. In the last twenty years he worked with fiberglass materials for wrapping the ducts about fc 50%;ccaiciun=ilicate was the other ingredient. Patient states that he worked- a minimum of eight hours a day and also was exposed approximately five days a week. Many times he worked outside; sometimes he worked on boilers and would work inside tha boiler without any suction fans to bring in fresh air. Patient many timesworked with what he called "revamped tops' where you were in the attic with rock wool and fiberglass. MARITAL HISTORY: Wife is living and well. Thro children: living and well. FAMILY HISTORY: Mother died of suicide at the age of 55. Father: died at the age of 84 from pneumonia. Patient's mother had diabetes. He denies any tuberculosis exposure or any other illnesses common to the family. USUAL WEIGHT: 190. Patient states that as far as he remembers he has the Physicians and Surgeons Hospital since 1959. 1949 he did work in the Bakersfield area, also in counties. had several x-rays taken at Patient states that in about San Diego and Santa Barbara n v s T * Lv if weight n il -itotud 'Jl-i o' 34 oar;;. Weight - 193. Height 6 7 " Tamp: 99.4 Pulse: 88 not -.icuto'y ill, slightly dyspnic appears of fi;: .tU- >. 'JVi-itc l itmt to lott with slight obstruction on left side. ( 9. Roseman Re: Lumbattis 3- Throat: tonsils small. Edentulous. Larynx negative. Neck: no glands; thyroid not palpable; no masses. Chest: increased A-P diameter. Lungs - expansion poor on right; to lesser extent on left. Palpable rhonchi bilaterally at both bases posteriorly. Tactile fremitus diminished on the right and whispired voice diminished on right. Bronchial rales with inspiratory and expiratory wheezing bilaterally anteriorly and posteriorly. Diaphragms move poorly. Heart: tones fairly good. murmurs; no thrills. P2 equals A2 or is slightly greater. No definite Abdomen: hernia ventral in sear - epigastrium. No palpable liver or slpeen. Genetalia: not examined. Rectal: not examined. - * Extremities: slight cyanosis of the nails of the hands; no clubbing; no edema. "f FLUOROSCOPIC EXAMINATI O N : increased markings at the bases; bleb in left costophranic angle. Diaphragms move vary poorly. INTRADERMAL T E STS: performed 3-13-56; read 3 -21-33. Coccidioidin negative. Histoplasmin + (10 mm. induration. Tuberculin negative. COUPLETS BLOOD COU N T : 4-13-66 Hmoglobin 15.7 gms. 1007., Red Cell Count 5,4000,000, white coll count 10,100. Differential - Eosinophils 1*, Segments 71%, Lymphocytes 28% SEDIMENTATION RATE: 15 mm. in ona hour. URINALYSIS: color - straw Appearance - clear. Sp. Gr. 1.020 Reaction - alkaline. Albumin - 0 Sugar - 0 Occult - 0 Micro: essentially negative. VITAL CAPACITY: 1200 cc. 1400 cc. normal 5000cc. 28% normal. Three second timed capacity X-RAY READINGS; 4-13-56. Boney framework appears to be normal. Heart upper limits of normal; transverse in position which gives it an appearance of bineg enlarged. Widening of aortic shadow. Diaphragms at right and left side are at ninth rib anteriorly. Right diaphragm is just above right posterior ninth rib. Oosto-phrenic appear ielativelv clear. Right lung - diffuse fine, mottling and infiltration scattered throughout entire lung from the first rib anteriorly to the base and from the fourth rib posteriorly to the base. Thickening in interlobar cissure or possible plate-like attelectasis. Left lung has similiar infiltrate extenil.ig throughout the left lung. Expiratorv film shows diaphragms rise to about the eight rib posteriorly on the right and to the lower border of eighth rib posteriorly on the left. a lateral view show:; the costo-phrenic angles, posteriorly, are clear. The diil al pht hreagml os b ears e. at a high station and there is a diffuse infiltrate present throughout O'sgnosis: pulmnnarv fibrosis, bilateral, extensive in character.  LUMBATTIS, VERNON X-RAY READINGS Compton Physicians & Surgeons Hospital, dated 9-11-59. Soft tissues are normal. Boney framework is normal. Heart is in mid-line; transversly placed; upper limits of normal in size. Both diaphragms are at the lower border of the ninth rib posteriorly. Cofeto-phrenic angles are clear. Right lung fibrotic infiltrate radiating out from the hllum into the base of the right lung, most pronounced in the cardio-phrenic angle. Pulmonary vessel on the right appears to be about 20 mm; on the left 25 mm. left lung - infiltration radiating out from the hilum into the base of the lung and into the upper lobe in the first and second interspace anteriorly. Film dated 5-9-ftl. Compared with film of 9-11-59, the only changes are an increase of the degree of fibrosis in the cardio-phrenic angle on the right and possible Increase at the left base, however, this maybe a technical difference. Film taken January 9, 19ft4 shows decrease in the infiltrate at both bases. A film taken for the esophagus, actually an oblique, shows considerable fibrosis at the right lower half of the. lung field A lateral taken January 9, 19ft4 shows pulmonary fibrosis throughout most of the lobes of the lung. A film taken February 3, 19ft4 shows increase of the infiltration in the lower half of the left lung field; increase of the infiltration and plate-like attslectasis at the right b--:sa when compared with the January, 19ft4 film. A film taken December 22, 7.3'3 shows no definite changes. The plate-like attalectasis bilaterally and the infiltration in the lower halvas of both lung field "ra still noted. There appears to have been extension of the infiltration as compared xjith the September 11, 1959 film. A film taken December 2?, 19',5, shot lighter, shows more infiltration b i laterally especially in the left lower half of the lung field. Our film of April 14, 19*ft, taken on inspiration, shows a great deal of infiltration. Allowing for the difference in technique, no definite changes are noted. Our film taken June 13, 19ftft reveals diffuse bilateral infiltration with plate-like attelectasis. So changes when compared to .-ipril 13, 19ftft. i \.ax'cs in l cmdr, wave in V-4,5, and Auricular rate - 30 Ventiruclar rate - 80. 01 X `.K.i-Vt'X 0.00 J-T segment 0.12. Right axis deviation, 1 and II. ;? wave in lead III. S wave with low R ft. Diagnosis; right ventricular hypertrophy. Cro pulmonae. S* Roseman R e : Lambactis -fi- DISCUSSION: a review of this patient's findings including the occupational history, physical examination, x-ray examination and history of his complaints and the pulmonary function studies are supportive of a diagnosis of pulmonary fibrosis throughout both lung fields. When we attemp to analyse the causes of pulmonary fibrosis, amy conditions can be increminated. In reviewing a report of Dr. Louis Leventhal to Dr. Victor Mastron, February 9, 1966, he notes there were numerous x-rays dating back to 1959 which showed a progressive fibrosis throughout both lung fields. This progression of the pulmonary fibrosis, the character of the patient's occupational exposure, the x-ray findings, the physical findings along with the pulmonary function studies all support a diagnosis of pulmonary fibrosis secondary to asbestosis. It is true that a definitive diagnosis cannot be made without lung biopsy. I feel that the evidence here is so prepond erantly in favor of this diagnosis, that,as far as anyone can make a definitive diagnosis on the basis of clinical experience, clinical findings, x-ray findings, and the laboratory findings, we must make a diagnosis of asbestosis producing fibrosis in both lung fields. RECOMMENDATIONS: this patient will require medical care for the rest of his life. He will, probably, have progression of the fibrosis. He may develop a cor pulmonae as a result of the pulmonary fibrosis. The ilectorcardiogram done at ' the laboratory of Dr. Hungerford, dated 12-27-65, which we did not see and one dated 12-28-65 after a Master's Test, which we did not see, according to the copy of the report presented to us, there was no evidence of pathology in the ECG., However, this ECG was being raad. apparently, from the standpoint of coronary heart disacso, which this patient does not have. He should be protected by antimicrobial therapy as indicated whenever he feels^ a cold coming on. He should take broncho-dilators even though he has a minimum of pulmonary obstruct ion. Howsvrt, in the pulmonary function studies, we note that with the use of a broncho-dilator ha improves his broach!-g capacity 127.. Under the normal and usual pulmonary function studies we find that this patient has a disability of approximately 60% as far as his ventilatory capacity in concerned; his maximum breathing capacity is reduced about 12%. As his pulmonary fibrosis increases and becomes more dense he will have more and more disability and more and more interference with his ventilaroty capacity. He may begin to show evidence of diffusion difficulty. I find no evidence of diffusion studies as far as the arterial P02 and arterial PC02 are concerned; the studies were entirely of a ventilaroty type. CONCLUSIONS ; this patient has pulmonary fibrosis secondary to his occupation and exposure to asbestosis. (2) He has about a sixty per cent disability as measured by the pulmonary function studies, symptomatology and x-ray appearance. (3) He will, probably, be unable to be gainfully employed in anything but a sedentary occupation, where he has a minimal amount of physical activity. By sedentary occupation, I consider such things as sitting at a desk and oing desk work rather anything that would require walking or other physical exertion. (A) This patient will require medical care for the rest of Lis life. This care will consist of frronctia-dilators, antibiotics to prevent and treat any infection he may have, in the lung, which would be detrimental to his well-being and would represent a distinct hazard to his life. Thank you very much for the privilege of seeing this patient. SJS:ME ff.Ca'JiT -l-O S iW bCLta i H E R L I H Y & H E R L I H Y i >6 PM S,& CARLE AOOKIUM HERANOMER ATTORNEY AT LAW UITI S lf PARK CENTRAL RUILDino A ll WtST SIXTH STRICT LOS ANGELES. CALIFORNIA S00I4 rcLCRMOMC MAOISOH 7 - 4 S I I STATE l-401 Auguat 15, 1966 WORKMENS COMPENSATION APPEALS BOARD IS IS EST ITTR ST R irr SAMTA AHA, CALIFORNIA R27M 11711Kl 74U4 107 South Broadway Los Angeles, California n t#. ar..leT Ret VERNON E. LUMBATTIS vs BALDWIN, EHRET & HILL, INC. INSURANCE COMPANY OP NORTH AMERICA: 66 LA 291 957 Dear Sirs: We enclose the following documents: MEDICAL REPORTS ( ) In accordance with the Commission's Rules of Practice and Procedure ( ) As Defendants' exhibit next in order R. T. Johnstone, M. D July 8, 1966 Yours very truly, RGH/mhh cc * STEVEN ROSEMAN, ESQ. 1621 West 9th Street Los Angeles, Calif. 90015 OCCUPATIONAL DlftCASCt HUTHEHPOHD T. JOSZTSTONE, M.D. H OCKMAN IUILD1NQ tao wctT tcvcMTM TAcrr Los Angeles. California 90014 rewcANONt eza-t July 8, 1966 INOUSmiAL TONieOLOV Herlihy & Herlihy 412 W. 6th St. Los Angeles, Calif. Gentlemen: 90014 Re: VERNON LUMBATTIS Baldwin, Ehret & Hill Case No. 66 \A 291-957 Our File: 6912-V On your authorization the above captioned individual was examined by the writer on 5-27-66. He gave his address as 12459 East Firestone Blvd., Norwalk, Calif. He gave his address as an insulator. HISTORY: Mr. Lumbattis states that during the year of 1965 he noticed that he was short of breath and the condition continued to worsen. He continued working until December 22, 1965 at which time he had what he termed as a mild heart attack. He developed pain over his heart with shortness of breath. He claims that the episode lasted for about twenty minutes. His wife took ~ him to Dr. Mastron in Compton, who had him hospitalized in the Physicians and Surgeons Hospital in Compton. He was in the hospital for five or six days. Following this he was sent to the St. Francis Hospital in Lynwood for pulmonary function tests. He states that following these tests he was advised to see "an industrial attorney." He was then referred to Dr. Samuel Sills. The patient is presently under Dr. Mastron's care and he receives antibiotics and intermittent positive pressure. Present Complaint; Shortness of breath and fatigue. He states that his shortness of breath seems to be worse on smogy days. Past Medical History; Had an operation some years ago for a duodenal ulcer. He had an incisional hernia operation in 1963. Occupational History; The patient was born in Illinois and went through the 3rd year of high school. After coming to California he worked for different companies doing different types of work until 1942 when he became an insulator. He has worked for many different companies since that time. He tninks that he worked for Marine Engineers longer than any other company (4 years). He last worked for Baldwin, Ehret & Hill and this was for approximately one year. 'No. 2 Res Vernon Lumattis c 7-8-66 Personal History: The patient is married, wife living and well. Has two children. Denies any knowledge of tuberculosis or diabetes in the family history. States his mother had cancer. Inventory of Systems: Head - The patient has an occasional headache, no dizziness or tinnitus. His tonsils intact. His teeth are false. Cardio-respiratory - Has an occasional cough but this is not pronounced. He has dyspnea on effort, palpation""and claims that he has cardiac distress on smogy days. He has orthopnea as indicated by the fact that he uses two pillows at night behind his head and has done so for the past six or eight months. Gastro-intestinal - Appetite is normal. Has no symptoms of indigestion. No constipation or diarrhea. Stools are normal.' Genito-urinary - No nocturia, dysuria or frequency. Weight = Slight gain in recent months. Nervous system - Is not nervous or irritable. Extremities - No history of ankle edema, joint pain or joint enlargement. Habits; Smoked about a pack of cigarettes a day until December at which time he stopped. Does not drink alcoholic beverages. PHYSICAL EXAMINATION: This 52 year old male weigbhed 194 pounds, temperature 97.8 degrees at 11:15 A.M. Head and Neck; Pupils round, equal and react to light. Ears, nose and throat negative. The teeth were false. No enlargement of the cervical glands. Thyroid not enlarged. No pulsations present. Chest: Barrel shaped in type. The oreath sounds somewhat harsh. No distinct rales were heard. Respiratory rate 26. Heart: Rate of 86; regular, no murmurs heard. B.P. 120/86. Tones distant. APdomen: Obese; no organs or masses palpated. No areas of tenderness elicited. Old scar present. Extremities: No ankle edema present. LABORATORY: Blood count: Hemoglobin - 15.0gms. - 104% Erythrocytes 5,370,000 Leucocytes 8,650 Juv 1 - Stabs 7 - Segs 57 Lymphs 19 Monos 5 Eosins 8 Basoph 3 Blood sedimentation rate: 11.5mm 1 hour (Wintrobe) .T No. 3 Re: Vernon Lumbattis t 7-8-66 ELECTROCARDIOGRAM: Essentially normal. X-RAY EXAMINATION: Posterior anterior and lateral views of the chest were taken in this office on 5-27-66. They reveal the cardiac shadow to be within normal limits. The right border is somewhat occluded by basal fibrosis. Both lower lungs reveal a degree of fibrosis. The upper lungs appear normal except for what appears to be an occasional cystic formation. The costophrenic angles are occluded as is the border of the*left diaphragm. There is evidence of emphysema of the upper lung fields oilaterally, DISCUSSION: In addition to our examination of Mr. Lumbattis and * our study of this case, we reviewed a voluminous medical and hospital file. According to Mr. Lumbattis he has noticed shortness of breath and tiredness for over a year. In his opinion the condition gradually worsened. However he continued working until December of 1965 at which time he suffered an attack of congestive heart failure. He has not worked since. The medical records also reveal that he was under observation in January, 1964 for a complaint of dyspnea. pulmonary function studies done at the St. Francis Hospital on 1-18-66 reveal "marked restrictive dysfunction with decreased expiratory reserve." The occupational history indicates many years of exposure to dusts of some type. How much exposure he had to asbestos is unknown. However when we combine his occupational history with the x-ray findings and the pulmonary function test we feel that Mr. Lumbattis has a pneumoconiosis, probably asbestosis. We further feel that his disaoility is total and permanent. riT J /rcm Yours very truly, to R tone, M.D. Diplomate, American Board of Occupational Medicine c I l S A M U E L J . S I L L S . M. O. Steven Rosemen 1621 W. Ninth St. Los Angeles, 90015 MUAHO 3 - 5 0 0 0 August 19, 1967 Dear Hr. Reeeman: SE: VERNON E. UIMBATTIS The above captioned presented himself at m y office July 24, 1967. INTERVAL HEALTH: able to walk about two or three blocks at a slow pace - one-third normal speed; he can walk only one-half black at a normal pace. He has dyspnea after mowing the lawn for about fifteen minutes. He states that what .used to take him ten minutes to do now requires two hours. He has noted very little cough with occassional white sputum; no blood. Has gained weight. NO chest pain except an occassional pain between shoulder blades. Had a cold in March, 1967; otherwise, he has felt fairly well. In July, 1966 he went to Reno and was unable to catch his breath. He had to return to Los Angeles REVIEW OF THE SYSTEMS: Eyes, Ear, Nose and Throat - no complaints. Cardio-Respiratory - uses two pillows, otherwise, as noted above. Gastro-Intestinal - no symptoms. Genito-Urinary - gets up two or three times at night. Extremities - noted edema; shoes get tight at night. gHYSICAL EXAMINATION: Weight: in both arms. 196 Temp: 99.0 Pulse: 80 Reap: 30 BP: 134/100 Eyes, Ears, Nose and Throat - negative. Chest: rales at both bases; diminished breath sounds on the right. breath sounds harsh on left side. Percussion note normal. No wheezing; Heart: tones good; ?2 greater than A2; no murmurs; no thrills. Abdomen: liver not palpable. Extremities: no edema of lower; no clubbing of upper. FLUOROSCSPIC EXAMINATION: poor motion of the diaphragms. Costo-phrenic angles were slightly obliterated on the left. The lungs had a ground glass appearance throughout both bases. C HEST X-RXY: no changes when compared with x-ray of June 13, 1966 ( c Roseman R e : Lutnbatcis 28-19-67 -- ELECTROCARDIOGRAM : no changes. SEDIMENTATION RATE: 3 tan. VITAL CAPACITY: 36% normal. 1800 cc. Normal 5000 cc. Three second timed capacity 1500. BLOOD CHEMISTRY SURVEY: sodium, potassium, chlorides, carbon dioxide capacity, total protein, albumin, calcium, phosphatase-alkaline, total bilirubin, urea nitrogen, glucose, SG0-transaminase, globulin, A/G ration were all withing normal limits. DISCUSSION: I have reviewed the report you submitted of Dr. Rutherford Jobnstone. I agree with him that the patient has pneumoconiosis probably due to asbestoais. From all the physical findings, pulmonary function studies, electrocardiograms, etc., this patient is permanently and totally disabled. He will require constant medical supervision for the rest of his life and may require hospitalization for the pulmonary and/or the cardiac problem, which is secondary to the former. Thank you for the privilege of re-examining Mr. Lumbattis. Sincerely, SJStME Samuel. J./Sills, M.D