Document JJkyk7YrNX6B2d9kL8ypRzjqr

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1962 DOC#: WCC024 DOCUMENT DESCRIPTION: Workers Comp File - Gronenthal, John B Contains all documents found in the Claimant's file, with one blank page between each separate document 1 BEFORE THE BOAftD OF INDUSTRIAL INSURANCE APPEALS 2 STATE OF WASHINGTON 3 4 In re JOHN B. GRONENTHAL, DEC'D. ) 5 Claim No. C-75305I ) 6 DOCKET NO. 15,975 DECISION AND ORDER* 7 APPEARANCES: 8 Petitioner, Lilly Nancy Gronenthal, by Frederickson, Maxey & Bell, per 9 Leo H. Fredrickson 10 Employers: Vermlculite Contractors, Inc. by 11 Bayley, Fite, Westberg';& Madden, per Alfred J. Westberg 12 Fibreglas Engineering Co., by 13 Joseph J. Stangle and George Young 14 E. G. Bartells, by H. A. Johnson and E. W. Eller, Contract Manager 15 V. S. Jenkins, 16 None 17 Charles R. Brower Co., None 18 Curtis Insulating Co., 19 None 20 Associated Asbestos & Cork, None 21 Insulation, Inc., 22 None 23 Armstrong Contractors & Supply Co., None 24 * Tacoma Asbestos, 25 None 26 Department of Labor and Industries, by The Attorney General, per 27 Marcus M. Kelly, Assistant 28 Appeal filed by the petitioner, Lilly Nancy Gronenthal, 29 widow of the deceased workman, John B. Gronenthal, on July 7, 30 1961, from an order of the supervisor of industrial insurance 31 dated June 7, 19^1, denying the petitioner's claim for a widow's pension on the ground that the decedent's death was due to 1 ll/3<^62 alveolar cell carcinoma, a condition which was alleged to "be un 1 related to* his occupation. Reversed and remanded, 2 DECISION 3 The deceased workman, John B. Gronenthal, died on January 12[ 4 1961. The issue presented by this appeal is whether the deceased 5 workman developed an occupational disease as a proximate result 6 of tiis exposure to various commercial insolation materials in 7 the course of his employment in this state from 1942 to i960 as 8 an insulation installer for one or more of the various employers 9 for whom he worked during that period, Simpson Logging Company 10 v. Department of Labor and Industries, 32 Wn. (2d) 472 and Favor 11 v. Department of Labor and industries, 53 Wn. (2d) 698; and if 12 so, whether that disease was a materially contributing factor to 13 his death, Towne v. Department o`f Labor and industries, 51 Wn (2d) 14 644; in the sense that death would not have occurred when it did 15 without such disease, Petersen v.^Department of Labor and indus 16 tries, 40 Wn. (2d) 635, and that he otherwise would have lived J* 1 17 for an indefinite and unpredictable time. Mork, v. Department of 1 18 Labor' and Industries, 48 Wn. (2d) 74. 19 This issue must be decided by the board "upon the evidence1 20 rather than upon the information or experience of /it s members." S I , 21 Kaiser Aluminum and Chemical Corporation v. Department of Labor 22 and industries, 45 Wn. (2d) 745. 23 It.is clear from the record that from 1942 to I960, Mr. 24 Gronenthal, while working, was exposed to a variety of commercial 25 mineral insulating materials. Spectrographic analysis of these 26 materials establishes that the major constituent of most of them 27 was "silica or a silicate compound." It is uncontroverted on the 28 record that he developed a condition called asbestosis, otherwise A29 described as "interstitial fibroses, diffuse, as a result of having 30 breathed into the lungs these insulating materials which contain 31 silicates and/or silica, large amounts of it, which can be asbestos; and other commercial products." An autopsy report, introduced into the record as an exhibit, establishes (a) that Mr. Gronenthal died as a result of having developed a condition called cor -2 -  pulmonale, which is described as "an enlargement of the right si 1 of the heart due to resistance of the blood flow through the 2 lungs," and (b) that microscopic examination of the decedent's 3 lung tissue revealed "diffuse bilateral alveolar carcinoma of 4 the lungs (pulmonary adenomatosis) 5 The real problem presented by this appeal, therefore, is to 6 determine what caused the cor pulmonale condition to develop in 7 the deceased workman's heart. After a careful review of the 8 record before us, we are persuaded that more likely than not, 9 the "asbestos" particles in Mr. Gronenthal's lung tissue were 10 carcinogenic agents which materially contributed to the develop 11 ment of the pulmonary adenomatosis, and that his combined pul 12 monary condition thus created caused the cor pulmonale resulting 13 in his death on January 12, 19 6 1. 14 FINDINGS 15 1. On January 25, 1961, the department of labor and industries received a claim for a widow's 16 pension from Lilly Nancy Gronenthal, surviving spouse of John B. Gronenthal. On June 7, 1961, 17 the supervisor of industrial insurance issued an order rejecting the widow's claim for bene 18 fits under the workmen's compensation act. On - July 7, 1961, the petitioner filed notice of 19 appeal with this board, and on August 3> 1961, 20 her appeal was granted. 2. From June, 19^2, to July, i960, except for the El period from September, 19^6, to September, 19^8, the decedent was regularly employed as an insular EE tion mechanic for se-veral firms engaged in extrahazardous employment in the state of Wash 23 ington. During his employment as an insulation . mechanic the decedent worked with various types `i 24 of industrial insulating materials, predominantly asbestos products and products made of glass and 25 extruded glass, which fundamentally are silicas and/or silicates. These products are manufact 26 ured in various shapes and forms, including solid and flexible forms, and their installa 27 tion requires that they be cut, shaped, pounded, drilled, and worked on with a variety of tools. 28 During the process of installing or applying the insulating materials, dust -composed of'-parti- 29 cles of Insulating materials is present in greater 30 or lesser quantities. The' extent to which the decedent's lungs were exposed to such dust was 31 dependent upon several factors, including the type and form of material, the size and weight of the particles of dust, the extent of -3 - * 1 ventilation, the temperature, the degree of physical exertion expended by the workman, 2 and the position of the materials being in stalled with relation to the workman. 3 3. As a result of his exposure to dust occasioned 4 by the use of these various industrial insula** ting materials, Mr. Gronenthal developed a 5 pulmonary condition called "asbestosis," other wise described as diffuse interstitial fibrosis. 6 The "asbestos," particles (silicas and/or silicates) in the decedent's lung tissue acted 7 as carcinogenic agents which materially con tributed to the development of alveolar cell' 8 carcinoma of the lungs (pulmonary adenomatosis), and the combined pulmonary disease resulting 9 therefrom caused a condition described as cor pulmonale as a result of which Mr. Gronenthal 10 died on January 12, 19 6 1. 11 CONCLUSIONS 12 Based on the foregoing findings of fact, the board concludes; 13 1. This board has jurisdiction of the parties and subject matter of this appeal. 14 2. The order of the supervisor of the super 15 visor of industrial insurance issued herein on June 7, 1961, should be reversed and this 16 claim remanded to the department with in structions to allow the petitioner's claim for 17 widow's benefits under the workmen's compensa tion act and to take such further action as may be 18 authorized or required by law. 19 ORDER 20 Now, therefore, it is hereby ORDERED that the order of the 21 supervisor of industrial insurance issued herein on June 7, 1961, 22 be, and the same is hereby, reversed and this claim remanded to 23 the department with instructions to allow the petitioner's claim 24 for widow's benefits under the workmen's compensation act and to 25 take such further action as may be authorized or required by law. 26 Dated this 30th d a y ^ f November, 1962. 27 28 29 30 31 HAROLD J. PETRIE <' Member - 4 June 26, 19^2 ^ r Coht lranc ea* m111> 9', g r a n te d ,, -:,. V' '51.52.102, Revisad* Code, of J a sh in g to o . s-- a,sr~ ' -,ot ProceduraJoTrthe B o a r d J p ^ I n ^ u s t r i a ^ s ^ ^ Appea s J'S-.c`:;y * ,Jfrx -C - ' ^ _ l ' ? ^ ; t-J. V ri *' ' t T _ Z$~' 7 '"i\ ''~*'J V*^'^vvTT?r < ,.v ** - ..j . % 'TrX'Y* ^ ____ .._ ... *x-A BEFORE THE BOARD OF INDUSTRIAL INSUKi.NUjs STATE OF WASHINGTON _ p (j , / , yxAcitj J * In re JCIDJ D* GECNH.'r-IAL, E 5 C eb DOCKET NO. . "'*"-- -- ) . f 15,975 Claim No. 0-755051 w `v/ NOTICE OF HEARING fpn I A* rv N. , 4 t*J % .-i 'O l - I C * * * **. 4#w*w V . -- .V-- ----* 9 *j** -- ^i-^T*.^*->*Sn-3 c * r - t - * *-**^ --r*y fryj ^rr^w'''* -- W i i i v *- i . -- f ~ , s - ^ . . , ^ `3 t + b <+ * ',* < * - i - ' w '- 4 ** * V V * W c r . . z n 2 3 U - w , - ^ C o ** W * C i . ^ W * 5U U ^ j . , . .**.*. J V ^ U # 5 /**^,,,,,i3 * *. ^ n , ^ 3 /^ .-.r* t.. -./% ? n p - .-* /* v % v-- \cirnu.c`-wU-c.3i yioj ifsCU'viu^wu ?? T _ ~r o s P r - * * ' /* ? ? r ^ / * ' --/ _____ w 3 c* vo*.j,$ uvui-^u* ^>%_, wC_ C*i b>^&.^-U ^.., t *- ^ **'+} AW-y^*.-. -w**---> Afcf*? U*wN'f'*w.-?www^ *-4.#mA vO GREETINGS^* '~`i'~ c- v ~ # *-vu-- - y . YOU AND EACH OF YOU WILL HERElilTH TAKE NOTICE that a hearing will be held on the issues raised In the abovenumbered appeal at palcr,n2 Ct'ant;; Cerirt iicusc* Lr:i-'.'-'-'~tc, l-ianlvi-^utcu, cn E'i'iclr.*;, Jcxui^ry S 5 2.962 at F 1.j pursuant to Section 11, Chapter 225, Laws of 1951 and Section 5.5 Rules of Procedure of the Board of Industrial Insurance Appe als You, are advised that Section 12, Chapter 225, Laws of 1951 provides, that each party shall present all his evidence with respect to the issues raised in the notice of appeal at the above time and place and in the event of failure so to do the board may determine the issues upon such evidence cs may be. presented to it at said hearing. Continuances will be granted only as provided In Section 12, Chapter 225., Laws of 1951 and Section 59, Rules of Procedure of the Board of Industrial Insurance Appeals, lihich rules may be procured from the Secretary of said Board. The parties to the above-numbered appeal are as follows ^ ' ' ~ -*s * > Vr 4 V r V ... *+*+*. **.r+*\ - ' * -- -*** ** * J w W S <k. wj --*mm* c* v O S^ * W*--*- -*,/* * W* * W fc - i . >'>< J ,, y w . -- V V-- Si V* C--^ ~ p ._ --- V-- * \J \ i p r. * w t^ ^ ^ w 1 r - p - k i-. ^ i >-- * > L V r ,, v ^ ** -- '*^ *^>w^ w . *r>, - L L - - . * - 6 u ' U O *** Q w V j -W n ^ Ar*-'**'Knm-* /--? * S > < - *-*-- A*-- ** * .* * ..* . T 5'v-yv.-- \* l'"'-'k W *-.' 5 * *'1-- Cl ** l*^'w i A A fcV. v W ^ ^ Aw .k. v- ~*j/ V/-W-4,5 -------- - i v ] J w W V ^ 7 Ac Dc~r_';t_r:;';'5 c:I Lrlcr rr/J Irrlunirics. DATED at Olympia, Washington, this day * . W I . W ^ /-.T ... 2 of Peer.: :-.-cr , 196 2.. ' 0 Q ^ BOARD OF INDUSTRIAL INSURANCE APPEALS CERTIFICATE OF SERVICE BY MAIL I. hereby certify that I have this day served the foregoing Notice of Hearing upon the following parties of record in this proceeding by mailing a true copy thereof by United States mail, properly addressed with postage prepaid, to each of the following parties to the proceeding or his attorney or authorized agent a3 follows:' [ Llllv I'hnc".' GncrcnChoJI r? r r ,; . * % f **-* -> id curulvlro widen V WVM W*W, W W N*< <* 210? :i. C ith O trcot Socrtrilc, K n ch in -tcn . Ap,p c o r in -y n o c " y l c y c r . %. . -- . * v *. -s*i 2'Zj-2~j he nice::; Hid '3 > / V * * fc-- -i S> W " * ^ t- w * * * W v ^ * w # A (**-* i * * * .4 < * ( t A * y ^ * i***,w V w w **# 4 <~ < w < / - w w u V w J V M- *,1 1 * r- ,-j t4 '* A ..* * , M ' i V* lil M * 1 1* W w -- w O - * r W ^^ mm * W*j>*H der errvavorg trraou Ay.p e e r i n g c r c Jr'.r~ V <r % .' * . * *. *> +**.* v a**> <*> ** v W O g O W w i -- w w V J> U vJ Anrpoordr.D ao e o p lc y c r Crerloo E Poorer * ^ v f * / , - ? * ? - +* C. * r - ,*y* y ' . ****.. m v * w w 4 w w -S* 0 5 *>. A A n*- ^ Co, w*^ : **^. 15 Cusrcio I n -u la lin a Co r # ***-,-- * 0 C' - ^ r-' i W vO m* ^ > ''t; * ^ W A * A .1 ? V-*" M - V ,iii W M * ^ 7 V** . #* fT* C 'lW * 1 W t ft** V* WV -'-- *'r"' ^ Ct^ c ^ P.T/] *' 4 )--V*. rjv w* ' w *J *> < .-- MM VJ0- ----- A , c ^ \'r ^ r*; i^, ' ' *a M~-- **''* ^ ,w* m * >{ - - V * ,M ,| ^ ' kw *<f , +*.*.*. v n _o_ . ,_' oy* Co ^ W ' O w W ' - M V. r' -- Vw CCoco^ C r H H c o o 1 o Ay.poor-loy aa employer P TP *S 'S Vm m m w w O Vw c ****** A w W w V <W } (f\ v > * ^ * w .w V-w :A *" 'T A- ^ . M* V.V M*-j OO *** Ov > Oo If >*"> yy--~ " * v*T' pp. _.^**A(tM \.w .v * U l.^ WWW rtl r . w . A f ' * * ' ? t ' n i ^ '^ ! ' ' * y * - - r r ? C A %. luail viicn Jnc* P.O*E *2r^r'-o Gnolo; *a v v* J f **S >* r"* A v * %/-- < **^**5 r 't * t w v o w * * * * ^ /****^ w V J V r-K ^ W * . ^ W V a w /, ^ 1 ' - - -------Sm -- . J V ` -- i w y / ICO H* L ioo wC*o1*e Lancrj)tcrs Penn O r\f> " : A* C-3 C'^plO^C V < *^*4 M W<C* - , * <i O n A ^ ..A A A - K r i V 0 "*M` r-^ .N <m w <* * a 5 r * ^ W*m' 4 'V * W J W -- w- U W ^ ' Sm'- V W ^ -'- M - i V ^ m va'O 'J W * m W \7 ' i. KM V * * 4 ^ V M * ..V * ( i> w . ^ W . O cN o O ^ 'W v V m ^ V ^ MM ^ DATED at Olympia, Washington, this --t.ijjay of 196. SECRETARY, BOARD" OF INDUSTRIAL INSURANCE APPEALS September 5| 1961 Hr* P. L* Gardner Armstrong Contracting and Supply Corp* 120 North Line Street Lancaater, Pa* Dear Predl Subject! John B. Gronenthal.^ - Workmen* 8 C^Kpenaation Claia Washington l' " The attached notice indicates a hearing will be held September 12, in Spokane, Washington* Our reoords indicate Gronenthal vaa employed in Washington by both Armstrong Cork Company and Armstrong Contracting and Supply. We did not receive a copy of the accident report, however, ve presume this is an asbestos!s claim which comes under the jurisdiction of the Washington DepartmeatTof Labor and Industries. In case someone in the Spokane Office might wish to attend the hearing ve list below the periods of employment with Armstrong Contracting and Supply! June 9, 1958 to August 28, 1958 Deoember 23, 1958 to March 13, 1959 October 13, 1959 to November 3, 1959 January 18, I960 to June 3, I960 Washington is a monopolistic state, not covered by Travelers. Sincerely yours, MLT Enclosure R. C* Schiedt, Jr Insurance Department A -3- 7-^n-^i {jJ lJ L . JO'5 'S X d JO-/3 - S 3 ( X a^a-JL ) 2 '7-S3 X o 2 - n - S 3 j 0 J J L A vl_. ) - 4 - S <J X t r / - / S - S ^ U J a ^ J L . . *-Z?-s4 J b-n-Sjt bJcuJh. 7--St/ o Y-g-SS . ' j s^JZjX . \jJ ou*lA*> . I _jLAjJuJt*- X y>U'~)L-<-Ck^ X z '7"-/`s? iJ o-cJ}-- , -d jl& Jic^ y u L -. b-X sX i / 3L' 3 3 - 5 X a %-Z%-5 \ jJ a *J L l [j J c^ J L . JO-/3 -S 7 X o / - 1 2 -C> X a /'- - S " ? b - 3 - , (yJci^ X \ j j 6i ^ - L IajS lA . A A A BEFORE THE BOARD OF INDUSTRIAL INSURANCE APPEALS STATE OF WASHINGTON iL&UGlM Sl In re J & m B* BNEKTHAL, mC'D. ) ) Claim No. C753S1 D OCKET NO . 1S *75 ORDER GRANTING APPEAL Claimant's notice of appeal in the above-entitled claim came on for consideration this day. After considering the allegations contained in said notice of appeal, this board is of the opinion that claimant's appeal should be granted. It is, therefore, ORDERED that the above appeal be granted and that a conference be held on the issues raised therein after due notice of time and place to all interested parties. CCI Dated this 3rd__ ay of August 61 19. Lilly Kaney Granentha E. 1116 Fifth Averne Spokane Washington BOARD OF INDUSTRIAL INSURANCE APPEALS Fredrickson, fcexey & Attorney at Law 203 oakery Bldg* Spokane, Washington Dell RRIS LYNCH Chairman V &, Jenkins 1955 let Aveno So* Seattle, Washington Chas* K* Eraser Co* 214 Virginia St. Seattle, Washington Cur tie Insulating Co* R. 713 Cook Spokane, viash. Armstrong Cork G3 Terminal Sales Bldg* Seattle, Washington Fiberglass Eng. Co, r, 0 , B s h 8 Santa Clara, Calif* E, J* Eartelle Co* 1212 6th Averne So* Seattle, Washington HAROLD nJ. PETRIE CCS Associated Asbestos & Cork 4401 23rd Av enu w, Seattle, Washington Insulation Zneorperation P. O, Boa 13OS Spokana, Washington Armstrong Coat. & Supply Co. J.2 $* Limo St* ^Lancaster, Pennsylvania Tacoma Asbestos 14th S K Tacesse, Washington cc Dept* of Labor and Industries Vermiculit Co* 2107 H, 34th St. Seattle, Washington fi'IS ORDER AND COPT OF APPEAL REFERRED TO HEREIN ARE FORWARDED TO THE I PARTIES IN COMPLIANCE WITH THE PROVISIONS OF SEC. 8, CHAP. 274, LAWS OF 1961 -<;.,>&<-..X * * ' -k * Sftfj. at. *,' ' Su* ^ - 1 v '* 1** i-Cj' <P* M \r?'.'>;C:^LV^ ^-5c m- '' ,, V-eSfrJ- -S&Jv - f '- - n v o x t tsx board o r x x o o m u x * m m u x c x afpialb ? * *'% 'u *.,"J^ -"< ;.y Vx ^ x V ./ ^ ' V-4V * 9 * 4 10 T! iW v* a*w 4 U l > u t V p t & la 'ir o i t i n t c * r U ia -. : ,,>x;-.^ i ' 11 Order"of th e Supervisor o f I n d u s tr ia l Xasaraace dated 5- 7- 41, 12 e n t it l e d *%Seaeral Order*, which Order d ea led , her claim f o r t o a e f lt * 13 '*;$*-'--'* v ';-- -*. a s thej e u r r lv in f t i A w o f John B. Gronanthal, JX eeared , mad p e titio n : 14 / : - A rT .v - 15 iij-;ilC X J X .'i^ i.n ., '^*^16 17 tM Beard f o r a h e a ria a 'o a th e M erita o f bar c i a i a . 81m a lle g e s . . .... .... ... . ..,,. -bme^m^:P--lP-:I h e 'r e s id e mt :r Fash 1a g io s , aad ho has r e ta in e d ..... ... . . . ..............................................................................., . B aal U l f F ifth Aveaue, Spokane, > * -v/?:,^ <?:*** Fredrickson,', Kaxey k B a ll, 201 ,v'. > i t * ' >^ri<ii''i~ * * ' *-> 6 , ? " ' t. " -- - ' - ' - : - 4- . > '. '- ; ? J < f . ' i . - " - - 1 6 ftoohery B u ild in g t o rejpreeeat h i r aid d ir e c t s th a t m il correspomUme 19 o f ovo:ry a a to rs l o a e a t t o M r In cur* o f her a tto rn ey * . -` 20 '^' N - - * `''M*:V-' ' vv. t*"Bar hushaadr Joha B, O roaenthal, died ajb a r e s u lt " '-'x'-v - t;-V ..: .. ^ w , - -; 21 Of &a oocup& tioaul d is e a s e , v h lch had been su sta in ed i s h is a c r sa l 22 Verk oW r/th e past nlnoteea y ea r s. v.-.-'-i. .1 .-!--; v. ^. ! ^ 23 - ' ! r` WH*222X>$2, th e c la ls& e t t the order s f t.he 4 j that her c B efits as thr sm rrlvlof rX 1.n m v l d u d bi lam.__ '- *r~ - < T "* -- Sr *. ; ] - - h '//^'7 /'-J/ i A ' / 5" l i ~ ~b ' ^ 1 0 , oeiors m e Board, Qf m i s t r i a l Appeals State Of Washington ' Vi__ ii Re John 3, Gronenthal, Dec* D, *) * Docket No L5,975 .Claim No 0-753051 j '**, Appearances? s''."- ^ Petitioner,. Lilly Nancey Gronenthal, by Frederickson. Maxey & Bell, Per Lfco H, Fredrickson Employers ? ' ' Verndeulite Contractors, Inc* By Bayley, Fite, Westberg & Madden, per Alfred J* Westberg Fiberglas Engineering Co,, by Joseph J, Stangle And George Young E. G,' Bartells, by H. A. Johnson and E* W. Eller,Contract Manager V. S. Jenkins, none Decision And Order 5 Curtis Insulation Co., None Charles R. Brower Co.,, None Associated Asbestos & Cork None Insulation, Inc., None Armstrong Contractors'-^ Supply Co,. .. None Tacoma Asbestos, None Department of Labor and Industries, by The Attorney General, per Harcus M. Kelley, Assistant Appeal filed by the petitioner, Lilly Nancy Gronenthal, Widowof the deceased workman, John B. Gronenthal, on July 7, 1961, denying the petitioner's claim for a widows pensio n on the 7 day ofi June 1961, On the Ground that the decedents death was due to -111/ 30/62 Alveolar cell carinoraa, a condition which was alleged to be unrelated to hla occupation* Reversed and remanded*. Decision* * The deceased workmen, John B. Gronenthal, Died on January 12 1961. Thee issue presented by this appeal is whether the deceased workman dev eloped an occupational disease as a proximate result of his exposure to various commercial insulation materials in the course of his employment in this state from 1942 to i960 as an insulation installer for one or more of the various employer's forwhom he worked during that period, Simpson Logging Company v. Department of Labor and Industries 32 Wn. (2d) 472 and Favor v* Department of labor and Industries, 53 Wn* (2d) 696} and if so, whether that disease was a materially contributing factor to his death, Towne v. Department of Labor and Industries , 51 Wn (2d) ,644 in the sense that death would not . have occured when it did without such disease, Petersen v* Department, of labor and Industries, 40 Wn* $2d) 635, and that ho otherwise would havo lived for an indefinite and unpredictable time* $ Hork, v* Department of Labor and Industries, 45 (2d) 74* . 'rhs issue must be decieded by the board " upon the evidence rather than upon the information or experience of " its membersj . Kaiser Aluminum and Chemical Corpation V* Department of Labor and Industries, 45 Wn * (2d) 745 It is d e a r from the record that from 1942 to i960 Mr* Gronenthal, while working, was exposed to a variety of commercial minerals establishes that the major constituent of most of thee was "silica or a silicate compound* " It is uncontroverted on the records that he developed a condition called Asbestosis, otherwise discribed as "interstitial fibroses, diffuse, as a result of having breathed into the lungs these insulating materials which contain silicates and / or silica, large amounts of it, which can be Asbestos and other commercials products*" An autopsy report, introduced into the records as an exhibit,establishes (A) that ?tr* Gronenthaldied as a result of having developed a condition called oorpulmonale, Which is described as " an enlargement ofl the right side of the heart due to resistance of the blood flow through the lungs," And (B) that microcopic examinationof the decedent'slung tissue revealed " diffuse bil ateral alveolar carcinoms of the lungs ( pulmonary adenomatosis)* " The real problem presented by this appeal, therefore, is to determine what caused the tor pulmonale condition to develop in the deceased workman's heart* After a careful review of the record before us, We are persuaded that more likel y than not, the " Asbestoe" particles in Hr* Gronenthal1s lung tissue wer e carcinogenic agents which materially contributed to the development of the pulmonary adenomatosis, and that his combined pulmonary condition thus created caused the cor pulmonale resulting in hie death on 12, 1941* .Xiqdings 1, On January 25, 1961, the department of laborand industries received a claim for a widow's pension from Lilly Nancy Gronenthal, Surviving Spouse of John B, Gronenthal, On June 7, 1961,the supervisor of industrial insurance issued an order rejecting the"widow's claim for benefits under the workmans compensation act. OnJuly 7, 1961, the petitioner filed notice ofappeal with this board, and on August 3* 1961, her appeal was granted. From June, to July, I960, except for the peroid from September, 1946,to September, 1948, the decedent was regularly employed as an insulation mechanic for several firms ingaged in extrahazardous employment in the state of Washington. During his employment as an insulation mechanic the decedent worked with various typesof industrial insulating materials, predominantly asbestos products and products made of glass andextruded glass, which fundamentally are silicasand/or silicates. These products are manufactured in various shapes and forms, including solid and flexible forms, and thier installation requiers that yhey be cut, shap ed, pounded, drilled, and worked on with a variety of teels During the process of installing or applyingthe insulation materials, dust composed of particles of insulating mater ials is present in greater or lesser quantities, ^he extent to which the decedent's lungs were exposed to such dust was dependent upon several factors, including the type and form of material, the size and weightof the particlesof dust, the extent of ventilation, the, temperature, the degree of physical exertion expended by the workman, and the position of the materials being installed with relation to the workman, as a result of his exposure to dust occasionedby he use of these various industrial insulating materials, Mr, Gronenthl developed a pulmonary condition called " Asbestosis, ".other wise described as diffuse interstitial fibrosis. The " Asbestos particles (silicas and/or silicates) in the decedents lungs tissue acted as carcinogenic agents which materially con tributed to the development of alveolar cell carcinoma of the lungs ( pulmonary adenomatosis), and the combined pulmon ary disease resulting therefrom caused a condition described as cor pulmonale as a result of which Mr, Gronenthal died on January 12, 1961. Conclusions Based on the foregoing findings of, theboard concludes This board has jurisdiction of the parties and subject natter of this appeal, "he order of the supervisor of thesuperviser of industrial insuranceissued herein on Juno 7, 1961, should be reversed and this claim remanded to the department with instructions to allow the petitioner's claim for widow's benefits under the workmans compensation act and to take such further action as may be authorized or required by law. _Ordar_ Now, therefor, it is hereby Ordered that the order of the supervisor of industrials insurance issued herein on JunB 7, 1961,be, and the same is hereby , reversed and this claim remanded to the department with instructions to allevrw tks petitioner 'a claim for widow's benefits under the workmans compensation act and.to take such further action as may be authorized or required by law 3!** Dated this 30th day of Nrrember, 1962 Beard ef Industrial Insurance Appeails H. Powell member Harold J Petrie member