Document Jrz8GjVVBoQg0Lk6YwmqmZarX

FILE NAME Mundet Cork MCK DATE 1955 DOC MCK141 DOCUMENT DESCRIPTION WC Claim of Swartout Pt 3 i COMMISSION OFFICESI NORTHERN FORFOR NORTHERN CALIFORNIA COUNTY SAN FRANCISCO STREET 965 MISSION STREET FRANCISCO FOR SACRAMENTO COUNTY ROOM 200 631 J STREET SACRAMENTO ONLY FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 501 STATE BUILDING LOS ANGELES 12 ONLY FOR SAN DIEGOCOUNTY SAN DIEGO STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING 568F Case 169 Filed : 12-30-55 171 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET BY Employee's John E. Swartout Social Security No.- 472-10-9896 Employer Various Employee's : Employer's Employer's 3000 Merrywood Drive STREET AND NURSER Sacramento TOWN CITY OR California 17 California ZONE STATE California Compaines STREET AND NUMBER Name of See Insurance Carrier attached list . TOWN OR CITY Insurance Carrier's Address - ZONE STREET AND NUMBER STATE CITY ZONE STATE Employee's name John E. Swartout Employee's date of birth September 5 1889 mploye 's occupation perio Date of your injury Exposure Place where California injury occurred_ injury over a long ASBESTOS Insulation When did you leave work as result of this injury ~ January 6 1955 CITY AND STATE How did injury occur Working with asbestos What part or parts of your body were injured When did you return to work Asbestosis Still off Full or part time work and at what wage I \ = Your wages or salary before deductions $ per hour or If paid on hourly rate how many hours did you work per week Did you receive any of the following Board Yes No Lodging Yes State their weekly value $ 3.15 plus per week or $ per month No Tips Yes No Other advantages Yes No Only on some jobs Have you been paid any compensation Yes No How much $ Weekly rate of payments 910.00 Date when last payment was made Sept. 13 medical 19 Has the employer or the insurance carrier furnished you with any med_, ical treatment Yes No Date when last treatment was given_ . 19 List names of all doctors who have treated you and who were furnished by the employer or insurance carrier 35.00 35.00 Have you obtained any medical treatment at your own expense Yes No : List names of all doctors who have treated you at your own expense Dr. Fortier with Clinic at Apringvale Are you claiming any of the following benefits Answer Yes or No 2 Temporary disability payment c e Further medical treatment List other benefits claimed and not mentioned above__ b d Permanent disability payment_ Cost of your medical expense Yes 2 Have you ever before filed a claim with this Commission Yes No If so when was it filed DATE ot REPRESENTATIVE OR ATTORNEY FOR APPLICANT 1616 Financial Center Bldg Oakland Calif Date SIGNATURE OF APPLICANT 12/28 195 After this application has been filed with the Industrial Accident Commission the partier will be notified in writing of the time and place of hearing Either party may be HEARING represented in person by attorney or other upr~ t ANSWER The defendsur in expected to file an answer within 10 days after property named and the insurance carrier is in the application no answer need employer should notify the carrier immediately so the proper answer can be fled service be fled of 6 copy of this by the employer application using the form furnished as that will be done by the carrier for but defendant that purpose If employer is insured if the insurance carrier is not named then the ^' DATE OF SERVICE SERVICE ON FORM 34 REV 8.83 aR votes 1-3 1-3 SPO SPO . AN OFFICE6 SACRAMENTO SACRAMENTO CALIFORNIACOUNTY RANCISCO STREET ACRAMENTO COUNTY HOOM 200 631 J STREET SACRAMENTO ONLY _ Los ANGELES 1521 FOURTH SAN DIEGO ONLY COUNTY : STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING DEATH CLAIM Filed Case No 169-171169-117169-171 169-171 6-13-56 IN THIS WRITE ENTERED IN DOCKET BY Names of Applicants ; Mrs. John E. Swartout : bd Addresses of Applicants awe 3000Merrywo Droivde Sacramento 21 California oo . Name of Employer Listed on separate sheet as filed December 28 1955 Address of Employer Name of Insurance Carrier See attached list as Address of Insurance Carrier per December 28 1955 ". Name of Deceased Employee Swartout Date of Employee's Birth September 5 1889 _ Date of employee's injury Date of employee's death May 30 1956 Employee's occupationAsbestos worker insurati Place where injury Various jobs _.__ What work was employee doing at time of injury Asbestos insuratiinsuratwi orkwork Was any medical or hospital expense involved Yes No Amount paid $ Who paid it Was any compensation paid to the employee after his injury Yes No If how much $ List names of all doctors who treated the employee after his W.B. Parkinson Porterville Calif Specialists on lungs atSprinCg alv if i Dr.lCl . e Webste Has burial expense been paid Yes No If so how much Dr. RobertNapisy .Dr Allan Moe List all those who claim to have been dependents of the employee at time of injury - NAME Mrs. John E. Swartout IF UNDER 21 TO RELATIONSHEMPILOPYEE Wife 3 Z ADDRESS 3000 Merrywood Sacramento 21 Drive Calif * IMPORTANT any applicant is under 21 years of age it will be necessary to file Petition for Appointment of Guardian ad Litem Forms for this purpose may be obtained at the offices of the Industrial Accident Commission Reason for filing this application _PARR & I PARS RIH SH REPRESENTATIVE OR ATTORNEY FOR APPLICANTS Attorneys At Law Swartout Oakland Calif ADDRESS . Bldg GLencourt --- TELEPHONE NUMBER SIGNATURES OF APPLICANTS . June 195 HEARING After this applicatian has been fled with the Industrial Accident Commissing the parties w. ill be notified in writing of the time and place of hearing Either party may be represented in person by attorney or other agent ANSWER The defendant is expected to leon snewer within and the insurance carrier is properly named in the application no employer should notify the carrier immediately so the proper answer 10 days after service of answer need be filed by can be Slod a copy of this application the employer as that will using be the form furnished for by the carrier but that purpose If a defendant employer is insured if the insurance carrier is not axmed then the DATE OF SERVICE SERVICE ON H 3 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION CALIFORNIA OF THE STATE OF CLAIM NO 55 SF 169 171 8 JOHN E. SWARTOUT VS. Applicant 9 MUNDET CORK CORP HARDRUY TTA O.N A DSUBTETSOTNOSI&NC ) DUTTON ASBESTWOESSTECRO N ASBESTOS CO BAY CITY } SUPPLY CO CORK INSULATION CO ) ASBESTOS CO Ltd PRODUCTS CO ) 10 Inc WESTERN FIBROUS GLASS GENERAL INSULATION & RUBBER CORPORATION ... ARMSTRONG CORK CO JOHNS MANVILLJ.E S T. ALES ) CORPORATION C. C. MOORE & CO ) M. R. CARPENTER ...THORPE & SON INC AETNA INSURANCE COMPANY STATE COMPENSA- ... TION INSURANCE FUND INDUISNTDREIMANLITIYNDCEOMMN-I- ) TY EXCHANGE INDUSTRIAL 14 PACIFIC INDEMNITY COMPANY LIBERTY PANY EMPLOYERS MUTUAL MUTUAL INSURANCE COMPANY COM- ) COMPANY TRAVELERS INSURANCE INSURANCE ACCIDENT INSURANCE COMPANY ) PANY STANDARD INSURANCE COMPANY ) 16 and PACIFIC EMPLOYERS ) 17 Defendants ) ) ORDER JOINING PARTIES DEFENDANT Mailed from San Francisco Office a JUN 22 1956 Industrial Accident Commission State of California 2 20 2 22 23 24 25 26 GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that the MunDduettton CoA rs kbe Csotrops. &HaSrurpy ply A. Dutton Inc Dutton Asbestos Co.Asbestos Co. Ltd Cork Co. Western Asbestos Co. Bay City Glass Products Co. Insulation Co. Inc Western Fibrous Armstrong Cork Co. General Insulation & Rubber Corporation C. Moore and Co J.T. J.T. Johns Manville Sales Corporation C. Company Thorpe & Sen Inc M. R. Carpenter Aetna Insurance Indemnity Ex- State Compensation Insurance Fund Industrial Company Pacific Indemnity Company| change Industrial Indemnity Company Employers Mutual Insurance Accident In- Liberty Mutual Insurance Travelers Insurance Company Standard be Company and Pacific Employers Insurance Insurance Company a sn ud ran tc he eyCo am re pahneyreby joined as parties defendant : 27 28 hg 29 30 DATED AT SAN FRANCISCO CAUFORNIA 31 JUN 22 1956 32 R. O. Furvis Referee ; RCS | State of California 965 Mission Street INDUSTRIAL ACCIDENT SOIDISSION San Francisco Mrs. JOHN E. SWARTOUT Applicant VS MUNDET CORK CORPORATION et al JUN 26 1956 WLH { Claim No. 55SF 169 171 NOTICE OF HEARING OF APPLICATION ss FOR ADJUSTMENT ) OF CLAIM } Defendant You are hereby notified that an application to adjust a claim for compensation a copy of which is attached hereto has been filed with the Industrial Accident Commission of the State of California You are further notified that said application has been set for hearing at Room 206 1531 Webster Oakland August 15 1956 9:00 a.m. All Morning All issues Street and the that at said time and place the Industrial Accident Commission of State of California will proceed to hear and dispose of the said application in the manner prescribed by law ' to Note The parties are expected submit all issues in controversy for decision at this hearing therefore all necessary witnesses evidence documents medical reports payrolls and other essential proof must be available and ready for submission at the hearing Dated INDUSTRIAL ACCIDENT COMMISSION eam The undersigned certifies that as an employee of the Industrial : * Accident Commission she served the foregoing notice on the pertiss hereinafter mentioned at the time set opposite their respective names of said notice attached to a copy of the application by depositing a copy in the United States mail on therein mentioned in a sealed envelope with the postage thereon fully said day at San Francisco California their last known places of and addressed to the said parties at prepaid : business or residence as follows to wit See attached sheet for Service .- FORM new 4-56 Signature  JUN 22 22 1956 . . DATE OF SERVICE NAMES OF PARTIES SERVED . . . Smith & Parrish Swartout Financial ) Merrywood Drive Sacramento Calif Center Bldg Oakland Calir 7101 Tonnelle Ave. North Bergen N. J. Mundet Cork Corp. S.P. Calif Harry A. Dutton Inc. 532 Natoma St. 532 Natoma St. S.F. Calif Calif Dutton Dutton Asbestos Asbestos Co. & Supply Co. 532 Natoma St. S.F. Western Asbestos Co. 675 Townsend St. S.F. Calif Calif Bay City Asbestos Co. Ltd. 251 730 - - 5th Ave. Oakland 5th Ave. N. Y. Calif Cork Insulation Western Fibrous Co. Inc. Glass Prod Co. 739 Bryant St. S.F. General Insulation & Rubber Corp. 1247 Main St. El Centro Calif Armstrong Cork Co. Lancaster Penn Johns Manville Sales Corp. 22 East 40th St. N.Y. C. C. Moore & Co. 450 Mission St. S.F. Calif J. T. Thorpe & Son Inc. 1351 Ocean Avenue Emeryville M. R. Carpenter 907 Front St. Sacramento Calif S. R. Dutton Company Natoma St. S.F. Calif Cities Asbestos Co. 251-5th Ave. Oakland Calif Bay Western Fiberglass Supply 739 Bryant St. S.F. Calif . Calif ; General Insulation Co. S.F. Calif . The Asbestos & Magnesia Materials Co. Chicago Ill Asbestos Supply Co. of Seattle Fairbanks Alaska Phillip Care Mfg Co. Cincinnati Ohio Tacoma Asbestos Co. of Tacoma Anchorage Alaska Olmen Co. of Chicago Terre Haute Indiana Manville Trenton New Jersey Insulation Services of Minn Terre Haute Hunter Manufacturing Corp. of Bristol Pa Indiana Tuscon Arizona Johns Manville Pittsburg Calif Pillsbury Madison & Sutro 225 Bush St. S.F. Calif Aetna Insurance Co. 220 Montgomery St. S.F. Calif Montgomery State Compensation Insurance Fund Personal Service Industrial Indemnity Exchange 155 Sansome St , S.F. Calif Industrial Indemnity Co. 350 Sansome St. S.F. Calif Pacific Indemnity Co. 114 Sansome St. S.F. Calif Liberty Mutual Insurance Co. 216 Pine St. S.F. Calif 114 Sansome St. S.F. Employers Mutual Ins Co. of Wisconsin Travelers Ins Co. 315 St. S.F. Calif - . Beandard Accident Ins Co. 417 Montgomery St. S.F. Calif Pacific Employers Ins Co. 505 Montgomery St. S.F. Calif Pacific Employers Ins Co. 3770 Piedmont Ave. Oakland Calif Keith Creede & Sedgwick 100 Bush St. S.F. Calif Leonard Hanna & Brophy 100 Eush St. S.F. Calif Calif he JIL OMROVID cee ny Address _ _ and a notation of such service and the parties shall be served on all adverse parties or their attorneys NOTE A COPY of this Answer served must be made hereon Parties served SEE ATTACHED SHEET oe 2877 3-14 M ' SPO WED BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ANSWER In Re I.A.C. No. 169 JOHN E. SWARTOUT 171 YS MUNDET CORK CORP etal ~ In answer to the application we make allegations and we raise the issues which are checked below Should other issues not now known to be proper and necessary develop later we reserve the right to raise such additional issues in accordance with the provisions of law and the rules of the Commission : Employment Earnings at the time of injury Nature and extent of disability Occupation of claimant Liability for medical treatment Injury arising out of and occurring in the course of employment Statute of limitations Insurance coverage Employer has been notified to appear and defend FAILURE TO SERVE MEDICAL LACK OF NOTICE & PREJUDICE THEREBY Medical reports have been served as listed in covering letter Disability indemnity has been paid as follows Temporary Beginning Permanent Beginning _to and including_ : to and including ; Total $ ; Total $_ We believe that the presentation of our evidence will require a minimum of Estimated number of witnesses if available @ $ @$ ONE HOUR a week a week PACIFIC INDEMNITY COMPANY Defendant L. W. LIKENS Attorneys for defendant 114 SANSOME STREET SAN FRANCISCO Address CALIF NOTE A COPY of this Answer shall be served on all adverse parties or their attorneys and a notation of such service and the parties served must be made hereon Parties served SEE ATTACHED SHEET FORM 35 REV 9.84 1677.14 2st SPO ee . - NAMES OF PARTIES SERVED DATE OF SERVICE JULY 13 1956 MRS JOHN E. SWARTOUT - 3000 Merrywood Drive Sacramento California SMITH & PARRISH - 501 Financial Center Bldg MUNDET CORK CORP - 7101 Tonnelle Avenue North Bergen New Jersey San Francisco California HARRY A. DUTTON INC - 532 Natoma Street California San Francisco DUTTON ASBESTOS CO - 532 Natoma Street San Francisco California DUTTON ASBESTOS & SUPPLY CO - 532 Natoma Street California WESTERN ASBESTOS CO - 675 Townsend Street San Francisco LTD - 251 - 5th Avenue Oakland California BAY CITY ASBESTOS CO CORK INSULATION CO INC - 730 - 5th Avenue New York New York San Francisco California WESTERN FIBROUS GLASS PROD CO - 739 Bryant Street GENERAL INSULATION CO GENERAL INSULATION & RUBBER CORP . - 1247 Main Street El , Centro California ARMSTRONG CORK CO - Lancaster Pennsylvania New York JOHNS MANVILLE SALES CORP - 22 East 40th Street New York San Francisco California C. C. MOORE & CO - 450 Mission Street California J. T. THORPE & SON INC - 1351 Ocean Avenue Emeryville Sacramento California M. R. CARPENTER - 907 Front Street California S. R. DUTTON COMPANY - 532 Natoma Street San Francisco BAY CITIES ASBESTOS CO - 251-5th AvenuSetrOeaektlaSnadn CFarlainfcoirsncioa California WESTERN FIBERGLASS SUPPLY ~ 739 Bryant CO - Chicago Illinois THE ASBESTOS & MAGNESIA MATERIALS ASBESTOS SUPPLY CO OF SEATTLE - Fairbanks PHILLIP CARE MFG CO - Cincinnati Ohio TACOMA ASBESTOS CO OF TACOMA - Anchorage Alaska OLMEN CO OF CHICAGO - Terre Haute Indiana MANVILLE - Trenton New Jersey INSULATION SERVICES OF MINN - Terre Haute Indiana HUNTER MANUFACTURING CORP OF BRISTOL PA - Tuscon Arizona JOHNS MANVILLE Pittsburg California California MADISON & SUTRO - 225 Bush Street San Francisco PILLSBURY Street San Francisco California AETNA INSURANCE CO - 220 Montgomery STATE COMPENSATION INSURANCE FUND San Francisco California INDUSTRIAL INDEMNITY EXCHANGE - 155 SansomeStreet California INDUSTRIAL INDEMNITY CO - 350 Sansome Street San Francisco California MUTUAL INSURANCE CO - 216 Pine Street San Francisco San Francisco LIBERTY LIABILITY INS CO OF WISCONSIN - 114 Sansome Street EMPLOYERS MUTUAL CO 315 Montgomery Street San Francisco California TRAVELERS INSURANCE - Montgomery Street San Francisco California STANDARD ACCIDENT INSURANCE CO - 417 Street San Francisco California PACIFIC EMPLOYERS INSURANCE CO 505 Montgomery California PACIFIC EMPLOYERS INS CO - 3770 Piedmont Avenue Oakland California KEITH CREEDE & SEDGWICK - 100 Bush Street San Francisco Bush Street San Francisco California LEONARD HANNA & BROPHY.- 100 - * . Cali BEFORE BEFORE THE INDUSTRIAL INDUSTRIAL ACCIDENT ACCIDENT COMMISSION OF THE STATE O CALIFORNIA BENGIT A. SMRTOUT OCT 30 1956 WIH Applicant HUNSET DUTTON SUFFLY VS. CORK CORP HARRY A. ASBESTOS CO DUTTON WESTERN ASBESTOS DUTTON ASBESTOS & CO et al x * . * % CLAI NO 55 SF 169-171 NOTICE OF TINE AND PLACE OF FURTHER HEARING Defendants ~- NOTICE TO ALL FARTIES the You are hereby notified entitled action at that further hearing will ~ be held in ROOM 206 1531 WEBSTER STRE^ T DECEMBER 6 1956 OAKLANA CALIFORNIA 9:30 o'clock a.m. ~ : Dated at INLUSTRIAL ACCIDENT COMISSION NOTE CONTINUALCES AND FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON : McP CCT CCT 2 2 See attached sheet for service SERVICE UPON LicP Bergit A. Swartout 3810 Arden Smith & Parrish 501 Financial may Dacramento Center plug Vaklunu Lundet Cork Corp. 7101 Tonnelle Ave. North Bergen New Jorley Harry Dutton Inc. 53 Dutton sbestos & Supply Nutona st 3. F. Co. 562 wutona st 5. r 5. k Dutton Co. 532 Natoma st v 1 Western --sbestos Co. 675 Townsend st ve F. Bay City Asbestos Ltu kol sth Ave. Oakland Cork Insulation Inc. 700 5th Ave. N. Y. western General Fiber Glass Co. 739 -ryant st D. re Insulation & ubber Corp. 1247 Main St. Al centro Culif Armstrong Cork Co. Lancaster Penn Johns Manville Sales Corp. 2 sost 40th st Iva Y. Johns Manville Pittsburg . C. C. Loore & Co. 450 Mission st D. f'o J W. Thorne & Inc. 1351 Ocean ^/veEmeryville Cul M. . Carpenter 907 Front St. Ducrumento Calir Phillin Care Ifg Co. / Gen.Acc rire Life sur Co. Pucific Mutual blog 5. F. Pillsbury & outro 225 Bush st s F. Hadsell & Dishop 405 Montonery Montonery -t ** etna Ins Co. 220 Mont on^'ry st 5. 2 State Fund Personal service Industrial Indem.Co 050 Sunsome st B. F. Industrial Inden.Exchange 1bu Jansome St. 5.r Pacific Indemnity Co. 114 sansome pt o- 1 Liberty Mutual Ins Co. 216 Pine st 3 I Employers Kutual Liab Ins Co. mis 114 Junsome Mont ins Co. 5lb omery t3. I. st D. Travelers Standard Accident Ins OLIUTY Pacific Pacific .p Ins Employers Co. Ins General Accident Co. 417 Kontgomery ut p 2 bo Mont St. D.F. . Co. 3770 Piedmont Ave. Vakland & Life Assurance Corp. Pucific Mutua Dan Francisco J 1 sl^g Creede & Seogwick 100 Bush St. .F Leonard & uronly 100 Bush t. ie Henry G. Sanford 71 Hobart bldg b.F. Mullen & Filippi 515 Montgomery St. D. F. s ayn BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA BERGIT A. SWARTOUT Applicant VS INC MUNDET MUNDET CORK CONF HARRY A. DUTTON DUTTON BLSTOS CO DUTTON ASBESTOS } & SUPPLY CO WESTERN ASBESTOS CO et al ) . Defendant a CLAIM NO.55 S.P. 169-171 NOTICE , PLACE OF OF CHANGE IN HEARING NOTICE TO ALL PARTIES hereby You are above entitled notified that the place for the hearing in action has been changed to and will be held at the Room 510 577 - 14th Street Corner of Jefferson Oakland on the same date and previously issued at the same time as stated in the Notice 11/12/82 11/12/82 DATED at San Francisco wild November 7 1956 California INDUSTRIAL ACCIDENT COMMISSION SERVICE UPON Same as in last notice of hearin McgP ) 1455 LV BEFORE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 55 SF 169-171 1 20 BERGIT A SWARTOUT 3 Applicant 4 vs. 5 6 7 8 9 10 11 12 13 14 15 MUNDET CORK CORP HARRY A. DUTTON INC DUTTON ASBESTOS C^ DUTTON ASBESTOS & # SUPPLY CO WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULA- TION CO INC WESTERN FIBER GLASS COM- PANY GENERAL INSULATION & RUBBER COR- # PORATION ARMSTRONG CORK CO JOHNS MANVILLE SALES CORPORATION C. C. MOORE # & CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUS- TRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSUR- ANCE COMPANY Defendants MAR 101951019858 WLHWLH FINDINGS AND AWARD 59 A- 59 _ ; . - . , 16 An application for adjustment of claim for com- 17 18 pensation having been filed herein all parties having appeared and the matter having been regularly heard and submitted 19 R. O. Purvis Referee now makes his Findings and Award ^"s 20 21 22 follows . FINDINGS OF FACT 1 John E. Swartout while employed as an 23 asbestos worker by various employers including the defendant 24 Western Asbestos Company in California and elsewhere sus- 25 tained an injury arising out of and in the course of his em- - 26 ployment consisting of asbestosis At said time the em- 27 28 - ployee's wages were maximum 7 2. Applicant has elected to proceed against 29 the Western Asbestos Company and its insurance carrier the 30 State Compensation Insurance Fund pursuant to Labor Code 31 Section 5500.5 32 3. Said injury resulted in temporary total 1 2 3 4 5 6 7 9 10 10 11 11 12 12 13 13 14 15 17 15 18 18 19 19 20 20 2122 23 24 24 N 25 28 N N cu hg hg disability beginning January 11 1955 to and including June 5 1956 4. The evidence establishes that said em- ployee failed cal treatment to to give cure defendants or relieve notice of his need for medi- him from the effects of said injury the evidence 5. The employee died on June establishes that said death was 6 1956 and proximately caused by the injury herein 6. The application for adjustment of claim was filed herein within one year from the date of said injury 7. The evidence fails to establish that de- fendants or any of them have been prejudiced by lack of no- tice of the claim asserted herein 8 Said employee left surviving him his widow Bergit ' A. Swartout the applicant herein 9 Applicant is entitled to the statutory burial expense of 400.00 10 The employee incurred expense in the sum of 35.00 for examination and report by Dr. Allan E. Moe re- quired to successfully prove his case 11 Applicant's counsel Smith & Parrish have performed services of the reasonable value of 500.00 AWARD AWARD IS MADE in favor of Bergit A. Swartout and against the State Compensation Insurance Fund of accrued temporary disability indemnity commencing January 11 1955 to and including June 5 1956 at the rate of 35.00 a week in the total sum of 2,555.00 payable forthwith AWARD IS FURTHER MADE in favor of Bergit A. Swartout and against the State Compensation Insurance Fund of a death benefit in the amount of 7,000.00 payable at 2 Swartout ee the rate of 35.00 a weekbeginning June 6 1956 less 2 500.00 3 AWARD IS FURTHER MADE in favor of Bergit A. 4 Swartout and against the State Compensation Insurance Fund 5 for burial expense in the amount of 400.00 6 AWARD IS FURTHER MADE in favor of Bergit A. Swartout and against the State Compensation Insurance Fund 7 of the sum of 35.00 for litigation costs payable to 9 Dr. Allan E. Moe 11 2 2 2 R. O. Purvis Referee 295229952222 15 29952222 299522222952 2 29952222 29952222 29952222 2952 29952222 2 2 2 2 2 26 2 Filed and Served upon parties shown on of- 2 ficial address record March 4 1958 hsg 2 2 3 Swartout BERGIT A. SWARTOUT VS MUNDET CORK CORPORATION ET AL R. O. Purvis Referee February 26 1958 Claim No. 55 SF 169-171 Inj Asbestosis Dec. REPORT OF REFEREE ON DECISION Applicant is the widow of an employee who dies of pneumonoconiosis asbestosis and claims accrued compensation for temporary disabili- ty and a death benefit Issues REPORT OF RECORD There were no admitted facts and all appearing defendants raised the additional issues of Statute of Limitations prejudice by reason of lack of notice and jurisdiction of the Commission Disucssion The record disclosed that the employee died on May 30 1956 and the medical evidence is without conflict that his death was due to as- bestosis . The employee filed the original application for adjustment of claim on December 30 1955. The evidence in the record is that he first became disabled as the result of asbestosis on January 10 1955 and that date was the first on which he knew he had the pulmonary disease That date must be taken as the date of injury The application was filed well within a year from the date of injury and therefore claim is not barred by the Statute of Limitations Applicant may recover both accrued temporary total disability and the death bene- fit The issue of jurisdiction was raised defendants maintaining that inasmuch some of the employee's employment was on board ships not yet commissioned afloat on navigable waters the Commission is barred from making an award of compensation for that part of the in- jury occurring aboard such a vessel This Referee does not agree with the contention Applicant worked for the same employers Western Asbestos on shore and as Co. both on new a result of such ship construction work and at work exposure along with other employ- ments for other employers was exposed to dust resulting in his disability and death He filed his application with this Commission and not with the U. S. Employees Compensation Commission He had to elect one or the other and it was impossible to proceed in both It is this Referee's opinion that the California Commission may as- sume jurisdiction over the whole claim and that the maritime exposure is compensable under the twilight zone theory of the case of Davis vs Department of Labor 8 Cal Comp C 25 317 US 249 In any event maritime and the major portion of applicant's employment was nonit is impossible to segregate the exposure from either BERGIT A. SWARTOUT 169-171 2 employment from the other Applicant proceeding under Labor Code Section 5500.5 elected to proceed against the defendant Western Asbestos Co. The employee incurred costs for procured medical treatment However applicant may not recover the cost thereof as no notice was gtoivefnurn ii nshadi vatnce to the defendants who therefor had to opportunity Discussion Award must be made pursuant to the foregoing conclusions ROP hg ' R. O. Purvis Referee SWARTOUT - Claim No. 55 SF 169-171 R. O. PURVIS Referee Oakland - August 15 1956 Injury Silicosis Death May 30 1956 REPORT OF REFEREE Applicant testified substantially that she was married to the employee on July 5 1939 He had been married before at Albuquerque New Mexico They had no children She ex- hibited a marriage certificate which was read into the record She his injury was living with the employee They had not been divorced at the time of He was employed by and again in 1954 the Western Asbestos Co. in 1940 to 1949 always in California He was employed running jobs but most covering pipes and so Asbestos Workers Union of the time working with asbestos on He was a member of Local 16 in San Francisco He first knew he had asbestosis in January of 1955. He stopped work on January 10 1955 and has done no work since He was in the hospital six weeks at one time then again two months tal and the The first hospital was the Porterville Hospisecond the Springville Sanitarium He never recovered from his illness and died May 30 1956 She has not paid the bill of Dr. Moe 35.00 for a report In the year before his death 4800 to 5000 or 5200 He the had employee's earnings were worked steady at union scale He had no periods of unemployment except one in 1947 or 1948 for about six months Her husband discussed his working conditions with her and how hard he worked and how he was covered with dust and he felt his nose stuffed up with dust His working blothes always had dust on them She the has paid the burial expense cremation and the niche for check to a mortuary in the sum of 568.00 the ashes of 534.00 except for Exhibited a . On examination the witness testified substantially that on July 5 1939 she married the employee at Albuquer- que New Mexico That he has been married before His wife had died in 1934 or 1935 in Minneapolis That he had no children by this previous marriage That she had not been married before She knew the employee two years before she marriheid m He worked for other employers at Albuquerque up to the time he came to San Francisco in 1947 169-171 Swartout 8/15/56 2 He in was working in 1954 and then Porterville for the Western Asbestos they came to Sacramento in 1955 Co. The for last job he had done Bethlehem Steel was for Armstrong Construction , Co. At Porterville the employee was under the care of Dr. Park- inson He had he had He saw him a bad cold asbestosis first she believes on January 17 1955 and examination at that time showed that He was taken to the Porterville City Hospital where home two weeks he stayed six weeks and then he was taken Then he remained at to Springville Sani- tarium where he stayed two months Following that they moved was under the care of Dr. to Sacramento Robert Harris At who Sacramento put him in he the Sacramento County Hospital and then Dr. Harris sent him to Dr. Moe who took care of him the rest of the time The last work he did was on January able to work after that time due to 10 1955 and asbestosis he was un- On examination by Mr. Schwab the witness testified substantially that he worked for the Armstrong Cork Co. after he left Porterville in 1954 right after Christmas That he was on a job for the Armstrong on a ship at the . Bethlehem Steel plant On examination by Mr. Jenner the witness testified substantially that the employee had never worked at South- gate California On redirect examination the witness testified substantially that the period of unemployment in 1947 was occasioned by the fact that they took six months time out and went to Chico to manage a motel There was nothing wrong with the employee's health at that time but they just tried out managing the motel and then gave it up On examination by Mr. Conklin the witness testified that the name of the motel was the Willard Motel Also that the employee worked as an asbestos worker since he was sixteen years old That she was with the he had asbestosis employee when Dr. Parkinson told him ROP fg R. O. PURVIS Referee SWARTOUT - Claim No. ' S.F. 169 171 REFEREE Oakland WILLIAMSON 12-6-56 - Inj Silicosis Death 5-30-56 REPORT OF REFEREE This matter was called continued from hearing for hearing at this of August 15 1956 time after having been Wayne Kelly was called by the applicant and identified himself as a business representative of Local 16 of the asbestos workers of the international union He has held this position for the past year Prior thereto he was an asbestos worker and between 1945 and 1949 worked for Western Asbestos where the decedent had worked He had worked in the same areas and in the same work applying asbestos to steam lines aboard destroyers located at Bethlehem Shipyard He knew Swartout there and worked in the same compartments with him doing the same kind of work Reference to previously admitted exhibits indicates that Swartout worked for Western Asbestos from 1941 to November 1947 and another place 1940 to the end of the year 1948 See Commission's Exhibit No. The witness explains two halves which are that asbestos placed around comes steam in molded pipes and shape consisting fastened there of In this work it is necessary to cut the molded asbestos lining to is length which is rooms and spaces done with a hand saw The work is in the confined aboard destroyers where space scarce and rooms are correspondingly small The men never wore respirators and each man was exposed to the dust which was of white character and settled on their clothes The dust was heavy and with the working of the as- bestos and the sawing it permeated the air On cross examination the witness stated that he and the other men work- ing for Western Asbestos during as a sort of clearing house and those years used the Bethlehem worked out of this plant His plant work with Mr. Swartout was on the destroyers and Wayne Mead was the foreman in charge of this work on the destroyers During the years hetwas there he also worked under other foremen The work air It was quite dusty He is much lighter than explains the asbestos dust floats in the wood sawdust and it is formed mostly of tiny seen particles or fibers that float when light strikes through the through the air room The dust and may settles readily heavily be on their work clothes . He states that he has observed that Johns Manville is the brand of the asbestos material that is used by Western Asbestos and that the packages indicate 85 magnesium and he believes the balance is asbestos Where the material is to be put on very hot pipes lesser magnesium is used and a higher percentage of asbestos is used All the work he did with the decedent was in connection with the destroyers at the Bethlehem plant When this work was done the ships were tied at the dock and were floating in water but the work was done prior to the ship's being commissioned Page 2 Bergit Swartout the applicant in this case and widow of the deceased was called to testify by Mr. Conklin and she responded to questions that neither she nor her husband were ever furnished or promised any compensation or any medical treatment as a consequence of the alleged injury At this point the case is submitted The parties request that the matter be referred back to Mr. Purvis for decision It is further agreed that Mr. Purvis not be required to have a transcript of the testimony taken this day before this Referee DISPOSITION Refer case back to Mr. Purvis HJW HERBERT J. WILLIAMSON Referee , APR 1950 WIN l 3 3 7 8 o 1010 11 13 14 15 16 17 18 19 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF 1/10/1 CALIFORNIA in 1/10/1 AY: VU CLAIM NO - 55 SF 169 171 BERGIT A. SWARTOUT ) Applicant ) VB q MUNDET CORK CORP A. HARRY DUTTON 3 INC DUTTON ASERSTOS.CO DUTTON | | ASBESTOS & SUPPLY WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN , FIBER GLASS COMPANY GENERAL INSULATION & RIJBBER CORPORATION ARMSTRONG CORK CO JOHNS MANVILLE }$ SALES CORPORATION C. C. MOORE & ) CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE ) d COMPANY STATE COMPENSATION .. INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELKAS .__ INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY PACIFIC EMPLOYERS INSURANCE ORDER GRANTING DEFENDANTSDEFENDANTS PETITION FOR RECONSIDERATION . : - Malled from for Procice Office State of Californi . GOOD CAUSE APPEARING THEREFOR 21 IT IS ORDERED that Defendants Petition for Reconsideration filed herein March 18 1958 be and the same hereby is granted 23 24 25 N INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence 27 John J.Synon SUNN SUNN Roland J.Henning SUNN Commissioners FORM 297 40000 1-57 300M SPO ine . BERGIT A. SWARTOUT Vs MUNDET CORK CORP HARRY A. DUTTON INC DUTTON ASBESTOS CO DUTTON ASBESTOS & SUPPLY WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIHER GLASS COMPANY GENERAL ' INSULATION & RUBBER CORPORATION ARMSTRONG CORK CO JOHNS MANVILLE SALES CORPORATION C. C. MOORE & CO J. T. April 15 1958 CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY CLAIN NO SF 169 171 REPORT OF PANEL ONE The Panel is of the opinion that transcripts of the testimony should be prepared and the case returned to the Commissioners for further study Accordingly Order in issuing granting Petition o a for Reconsideration INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence F.A.Lawrence - John J.Synon Roland J.Henning Commissioners BERGIT A. SWARTOUT R. O. Purvis Referee March 27 1958 VS MUNDET CORK CORP et al Claim No. 55 SF 169 Inj 1-11-55 Dec 171 REPORT OF REFEREE ON RECONSIDERATION DUE April 17 1958 Defendant petitions for reconsideration from an award to applicant the widow of an employee who died of asbestosis The award was for accrued compensation due the employee from d te ha eth dab te enoeffihtis first disability up to his death and for a The sole ground for reconsideration is the claim for the death benefit is barred by the Statute of Limitations Defendants admit therefore that the findings and award for injury arising out of and in the course of employment temporary disability death proximately caused by industrial injury etc. are correct The undisputed facts are that applicant an asbestos worker sustained injury in his occupation consisting of asbestosis His disability began on January 10 1955. He died on June 6 1956. He filed an application for adjustment of claim December 30 1955. His widow was substituted as party on ap- plicant on his death by an application filed June 13 1956 On the foregoing time table defendant State Compensation Insurance Fund maintains its pleas of the Statute of Limi- tations is good It relies on the fact that the employee's death occurred after one year from the date of injury and it had not furnished the employee any of the benefits of the Labor Code In support of its position defendant cites two cases One Bianco vs I.A.C. 9 CCC 206. However in that case the employee never filed a claim the widow's claim was not filed for 2years after the employee's death Also the Labor Code has been amended since that case was decided The other case cited is Decker vs I.A.C. 14 CCC 3 a cas^' where the District Court of Appeal refused to issue a writ of review In that case after a hearing the Commission found that the employee had sustained no injury and the widow attempted to open the case after the employee's death That case too is factually different from the present case , from Applicant in reply to defendant's petition contends that the filing of an application by the employee removed the question of the Statute of Limitations issue because of the language of Labor Code Section 5404 so far as the widow's claim is concerned and with this answer the under- BERGIT A. SWARTOUT 169-171 2 signed Referee is in agreement It is the opinion of this Referee that the claim is not barred by the Statute and further that defendant's po- sition is equitably impossible that even assuming that the statute bars the claim if no benefits had been paid within a year of filing for the death benefit they are stopped to assert such a proposition Benefits were not paid only because the defendants forced the employee to litigate his case instead of meeting their obligation him The po- sition of defendants centage of industrial if adopted would bar a great perdisease claims and that was not the intent of the Legislature Applicahnats filed which is convincing tions an answer to the defendant's and adequately answers their ; petition conten- RECOMMENDATION That defendant's Petition for Reconsideration be denied . a R. O. Purvis Referee me a PHONE EXPRESS 4-3728 4-3729 Rits TOENSMEIER ADJUSTMENT SERVICE INC INSURANCE ADJUSTERS 8/5/58 CHARLES J. COPE ADJUSTER LANCASTER PENNA OFFICE OFFICE 39 N. DUKE STREET " fl-fl INDULIKANA _JENT ee, mee COMMISSION a8 OF THE STATE OF CALIFORNIA on o we CASE NO 169-171 0 04 SWARTOUT Jim 60 E 85 1-10-55 1-10-55 68 BERGIT A. SWARTOUT Mest OF os Se Cee? Applicant Ane Se 2m V. 40 Nr eet DECISION sn MUNDET CORK CORP HARRY A. DUTTON se INC DUTTON ASBESTOS CO DUTTON : ASBESTOS & SUPPLY CO WESTERN ~ : ASBESTOS CO BAY CITY ASBESTOS CO : LTD CORK INSULATION CO INC : WESTERN FIBER GLASS COMPANY GENERAL : INSULATION & RUBBER CORPORATION on ARMSTRONG CORK CO JOHNS MANVILLE : SALES CORPORATION C. C. MOORE & CO : J. T. THORPE & SON INC M. R. : CARPENTER AETNA INSURANCE COMPANY Of STATE COMPENSATION INSURANCE FUND : INDUSTRIAL INDEMNITY EXCHANGE f INDUSTRIAL INDEMNITY COMPANY LIBERTY : MUTUAL INSURANCE COMPANY TRAVELERS 60 INSURANCE COMPANY STANDARD ACCIDENT } : INSURANCE COMPANY and PACIFIC EMPLOYERS EMPLOYERS : INSURANCE COMPANY : AFTER RECONSIDERATION DE oe TAPE IDS . Bee : Incal ) us Defendants : Oy : 00 : Ob Reconsideration having been granted herein and the transcripts : matter having been carefully considered including : : of the testimony as well as the record as a whole this Commis- we C8 sion now concludes that further proceedings are not essential 66 - : for the disposition of the claim and makes its Decision after oO : Reconsideration as follows , - Oe . 90 GOOD CAUSE APPEARING THEREFOR on v:e IT IS ORDERED that Findings and Award filed March 4 on 1958 be and the same is vacated annulled and set aside and : : that the following Findings and Award be substituted in lieu OF : thereof and made the Decision after Reconsideration of this 08 : Commission oe 8 00 $0 1 : 2 3 3 4 : 5 6 ; 7 : FINDINGS OF FACT 1. John E. Swartout while employed as an asbestos worker in the County of San Francisco State of California on January 10 1955 by Western Asbestos Company sustained an injury arising out of and occurring in the of substantial and material course of his employment consisting exposure to asbestosis At said time the employee's wages were maximum to 20 There may have been like exposure in other employments 9 ? 10 both within and without the State of California 3. Applicant has elected to proceed against the Western 11 : Asbestos Company and its insurance carrier the State Compensation 12 : 13 Insurance Fund pursuant to Labor Code Section 5500.5 4. Said injury resulted in temporary total disability 14 : beginning on January 11 1955 continuing to and including June 5 15 : 1956 entitling the employee to temporary total disability indem- 16 17 : 18 : 19 : 20 : 21 : 22 : 23 : 24 : 25 : 26 : 27 nity at the rate of 35 a week in the total sum of 2,555 5 The evidence establishes that said employee failed to give defendants notice of his need for medical treatment to cure or relieve him from the effects of said injury 6. The employee died on June 6 1956 and the evidence establishes that said death was proximately caused by the injury herein 7 The application for adjustment of claim was filed herein within one year from the date of said injury 8. The evidence fails to establish that defendants or any of them have been prejudiced by lack of notice of the claim asserted herein _ 28 29 : 30 : 31 : 32 : 9. Swartout Said employee left surviving him his widow the applicant herein Bergit A. . 10. Applicant is entitled to the statutory burial expense of 400 11. The employee incurred expense in the sum of 35 for Dec aft Rec Rec 1 OF OF EE 3 FE HE OR 4 FH OF OE 6 FE OF OE OF 7 CR OD SH 9 FA CH 10 10 FE 69 11 11 FO OO 12 12 OF OF 13 13 BO 8 14 98 08 15 : 16 15 OF O08 08 5 00 8 8 OF Oe FO 19 19 80 90 20 92 OD 10 21 21 OF 22 22 HE OD 23 23 DE OY 23 24 OD OF 23 25 OF OF 26 26 OO OF N 27 08 68 N FO N 29 OF 08 OF w 30 06 00 w 06 00 32 00 Swartout : 169-171 44 Dec aft ReRcecRec ne examination and report by Dr. Allan E. Moe required to success- fully prove his case 12. Applicant's counsel Smith & Parrish have performed services of the reasonable value of 600 AWARD : AWARD IS MADE in favor of BergiAt. Swartout and against the State Compensation Insurance Fund of accrued temporary disa- bility indemnity commencing January 11 1955 to and including June 5 1956 at the rate of 35 a week in the total sum of 2,555 payable forthwith AWARD IS FURTHER MADE in favor of Bergit A. Swartout and - against the State Compensation Insurance Fund of a death benefit in the amount of 7,000 payable at the rate of 35 a week begin- ning June 6 1956 less 600 payable to Smith & Parrish as attorneys fee AWARD IS FURTHER MADE in favor of Bergit A. Swartout and ; against the State Compensation Insurance Fund for burial expense in the amount of 400 against AWARD IS FURTHER MADE in favor of Bergit the State Compensation Insurance Fund of A. Swartout and the sum of 35 for medical litigation costs payable to Dr. Allan E. Moe IT IS ORDERED that all payments herein shall bear interest as provided by Labor Code Section 5800 - INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence F.A.Lawrence W.Lee Dekara Jr. Commissioners Deputy Commissioner Commissioner BERGIT A. SWARTOUT June 6 1958 ve MUNDET CORK CORP HARRY A. DUTTON INC DUTTON ASBESTOS CO DUTTON ASBESTOS & SUPPLY CO WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIBER GLASS COMPANY GENERAL INSULATION & RUBBER CORPORATION ARMSTRONG CORK CO JOHNS MANVILLE SALES CORPORATION C. C. MOORE & CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY Case No. 169-171 REPORT OF PANEL ONE ON DECISION AFTER RECONSIDERATION The record reflects that decedent while employed as an asbestos worker on January 10 1955 by Western Asbestos Company sustained an injury arising out of and occurring in the course of his employment consisting of substantial and material exposure to asbestosis The record further reflects that there may have been like exposures in other employments both within and without the State of California The injury caused total temporary disability from January 11 1955 through June 5 1956. Employee's deatohn June 6 1956 was proxi- mately caused by the injury herein entitling applicant to death benefits . It appears defendants from the evidence that decedent failed of his need for medical treatment to give notice to Applicant is entitled legal expense of 35 to the statutory burial payable to Dr. Moe expense and to medico- Applicant's attorneys have rendered services herein of the reason- able value of 600 It is the opinion of the Panel that statute of limitations and that the the claim is not barred by the evidence fails to establish that defendants have been prejudiced by lack of notice of the claim asserted herein . . . Decision after Reconsideration should issue accordingly INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence ~~ W.Lee DeMara Jr. Commissioners Deputy Commissionet Before the Industrial Accident Commission of the State of California FEB 16 1959 WLH Case No.No. 169-171 BERGIT A. SWARTCUT YS Applicent_ MUNDET CORK CORPORATION AETNA INSURANCE COMPANY et et al al and Notice of Time and Place of Further Hearing Defendant NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the entitled action at March 16th 1959 510 Thayer Building 577 14th Street Oakland California 10:00 10:00 A. A. M.M. APPORTIONMENT OF LIABILITY Dated at Oakland February California 10th 1959 INDUSTRIAL ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON ES ALL OFFICIAL PARTIES 37 February 10th - FORM 400 REY 11.58 MAAN 11-88 6OM 'SPO ape RCS 1 BEFORE THE DHEUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIN NO 163 171 3 4 5 BIRINT A. SWARTOUT -- Applicant Applicant 4 ASBESTDOUTON S VB MINDST CORK CORP HARRY A. LUTTON INC DUTTON ASBESTOS CO DUTTON SUPPLY CO WESTERN ASBESTOS CO BAY CITY ASBESTOS CO 10 LTD CORK INSULATION CO INC WESTERN FIBER GLASS COMPANY GENERAL 11 COMPANY INSULATION & RUBBER CORPORATION C. COND CORE CO JOHIS MANVILLE SALES CORPORATION C. MOORE & 3 CO J. T. THORPE & SON INC N R CARPENTER AEVRA INSURANCE STATE COMPENSATION INSURANCE FUND 14 | MUSTRIAL INDENNICY EXCHANOS, INDUSTRIAL LIBERTY 15 | NATUAL INSUIRANNDCEEMNCIOTMYPCAONMYPATNRYAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE | COMPANY 16 INSURANCE COMPANY and PACIFIC EMPLOYERS ed = 18 Defendants 19 Comes now the BRSTEAM ASBESTOS COMPANY and STATE 20 | COMPENSATION INSURANCE FUND defendants herein with their Petition 2 for Reapportionment of Occupational Award and Contribution Among 22 | Parties Defendant and in this connection respectfully allege that 3 . On June 10th 1958 decision after reconsideration 2 was issued by this honorable Commission awarding certain temporary 25 | disability indemnity bonefits and death benefits against the State N | Compensation Insurance Fund in favor of Bergit A. Sartout 27 | applicant herein N 2. Said award was based upon a finding of injury of - 29 | John I. Bartout while employeads an asbestos work inetr he 30 I County of San Francisco State of California on January 10th 31 | 1955 by Western Asbestos Company 32 3. Pursuant to said award your petitioners have m^do certain payments A. In addition this | Commission found that there nay have been like exposure in other employments both within and without the State of California decision after reconsideration filed June 10th 1958 5. This Commission further found that the applicant has and elected to proceed against the Western Asbestos Company its insurance carrier the State Compensation Insurance Fund pursuant to Labor Code Section 5500.5 decision after reconsideration filed June 10th 1950 of John E. Swartout during his 6. The various employers exposure to asbestosis have defendant herein and should heretofore been not be required joined as parties to contribute their of the liability assessed against your petitioner on just portion account of the industrially caused injury and subsequent death . , suffered by John E. Swartout WHEREFORE it is respectfully requested that pursuant to the provisions of Labor Code 5500.5 further proceedings be ordered against the above named defendants for the purpose now of contribution proceeding all determining en apportionment of liability among the parties defonds at previously joined or right right of which | of the above nased defendants be ordered to appear and defen^ Copies of this petition have been malls on the date 21 30 31 hereof to the parties listed on next page Respectfully submitted Attorney for Defendants Defendants Dated at San Francisco California this 25th day of Decembor 1955 trl 1 3 o Bmith & Parriah Attorneys at Law PF Financial Center Bldg 10 6 7 10 10 11 14 16 17 7101 Tonnella Ave. ' North Bergen New Jerney c - Button Asbestos & Supply Co. 532 Natoma St. San Francisco California g Si - Nestern 73 amated St. San Francisco City Asbestos Co. California Co. 2515th 2515th Avenue Calland California . @ - Cork Insulation Co. Inc. 730 - 5th Avenue New York H.Y. c - Western Fiber Glaze Cs. SGaenneral o- Bryant St. Francisco California Insulation & Ribber 1247 Main Street Centro California Ponnsylvania e - Armstrong Cork Co. -+ Lancaster c ~ John's Kanville Sales Corp. 22 East 40th Street Corp. New York R.Y. 18 450 Mission Street Thorpe Son & San Francisco California 19 J. , mc 1351 Ocean Avenue Emeryville California ~R. Carpenter 907 Front Street Sacramento California 8 ae c - Actna Insurance Company 230 Montgomery Street San Francisco Califonia Indemity - Industrial Exclunge 155 Sansone Street San Francisco California - Industrial Indernity Indernity Co. 350 Sansome Street San Francisco California e = Liberty Mutual Insurance Co. 216 Pine Street San Francisco California ge Travelers Insurance Co. 315 Montgomery Street San Francisco California o ~ Standard Accident InsuTENCE Co, 417 Montgomery Street San Francisco California Z 2 3 *fi 5 7 8 g 10 11 28 28 * 9 16 29 18 2 2 22 23 24 N N 27 2 29 30 BEFORE THE INDUSTRIAL ACCIDENT JO 27 1959 WIH COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO SF 169-171 BERGIT A. SWARTOUT 1-10-55 Applicant V8 MUNDET CORK CORPORATION et al AETNA INSURANCE COMPANY et al Defendants FILED JULY 21 1959 NOTICE OF CANCELLATION OF HEARING AND ORDER TAKING OFF CALENDAR NOTICE IS HEREBY GIVEN to the parties in the above entitled case that the hearing heretofore scheduled therein has been cancell pursuant to request of defendant State Compensation Insurance Fund by letter dated JULY 15 1959 and 2 GOOD CAUSE APPEARING THEREFOR IT IS HEREBY ORDERED That the the same hereby is taken off calendar above entitled matter be and and all further action on the matters now pending herein suspended subject to being resetr after notice upon request of any parties hereto MAILED AT OAKLAND 7-21-59 DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION Bergit A. Swartout XX PO Box 8053 Broadway Station Smith & Parrish Financial Center Hldg Oakldn Sacto 18 Pillsbury Madison & Sutro 225 Bush st San Francisco Aetna Insurance Co. 220 Montgomery St. San Francisco Industrial Indemnity Exchange 155 Sansome St. SF oP Industrial Indemnity Co. 350 Sansome St. SF x Pacific Indemnity Co. 114 Sansome St. SF Liberty Mutual Ins Co. Ins 26 216 Pine St. SF Mr. Walter Kohn Employers Mutual Liab Ins Co. of Wisconsin 114 Sansome St. Travelers Insurance Co. 315 Montgomery St. SF Standard Accident Ins Co. 417 Montgomery ST SF Pacific Employers Ins Co. 505 Montgomery St. SF Sedgwick Detert Moran & Arnold 100 Bush St. SF Hanna & Brophy 100 Bush St. SF and Oakland State Compensation Insurance Fund 450 McAllister St. SF General Accident Fire & Life Assur Corp. Pacific Mut Bldg SF Henry G. Sanford Hobart Bldg SF Mullen & Filippi 315 Montgomery St. SF Hadsell Murman & Bishop Employrs Mutual Liability Insurance Co. of Wisconsin 114 Sansome St SI FORM 297 12 1.37 250M ov 2 3 PRP 5 GF 7 8 9 10 11 12 13 1414 15 1616 17 t17 to to N N N N N N N N N N W 7 OBSER TAKING CFP CAIRNDAD - CLAIM CY 169 171 PARTING VERVED CONTINESD MAILED AT CAELAND 7-21-59 7-21-59 - 1241 Mundet Cork Corp. 7107 Tennelle Ave. North Bergen F.Y. F.Y. Fatton Asbestos & Suply Co. 532 Natone St. western Asbestos Co. 675 Townsend St. W oF . By City asbestos to itd 251 5th Ave. Oakland Bork Insulation Co. Inc. 730 5th Ave. N.X Western Fiber than Co. 939 Aryant of EF General Insulation & Rubber Co. 1747 Main St. El Armstrong Cork Co. Lancaster enn Centro Calif Johns Manville Fittsburg Calif 22 rest 40th St. N.X. 2.1 Thorpe & , Inc. 1351 teen Ave Ezeryville talis .. Cerpenter 907 Front St. sacramento sacramento Calif Phillip Care #fg Co. c General dent Fire & life AT Corp. Pacific atual Didg Didg A 105 RM 297 3112-30 250M STATE COMPENSATION INSURANCE FUND RES EXECUTIVE OFFICES ' 450 MCALLISTER STREET SAN FRANCISCO 1 EARL R. HOWARD A. YOUNG H. MILLER DONALD GALLAGHER J. H. LEIMBACH M.D. GENERAL MANAGER ASET GEN'L MGR COMPTROLLER CHIEF COUNSEL MEDICAL DIRECTOR JF 559 WLU See July 15 LOS CHICO EUREKA FRESNO LONG BEACH OAKLAND REDGING ANGELES SACRAMENTO SAN BERNARDINO SAN DIEGO SAN JOSE STOCKTON 1959 IN REPLY REFER TO C 0 P Y Industrial Accident Commission 577-14th Street Room 510 Oakland California Gentlemen oO No. 319552 - JohEn. Swartout Deceased a 1-10-55 last hang united 1959 This matter is now set for hearing on August 3 9:00 a.m. at 510 Thayer Building 577-14th Street Oakland California In the last few weeks we have received a number of communications from various persons indicating that there is some serious doubt as to whether the information with regard to prior employments as set forth in the letter from the Department of Health Education and Welfare Social Security Administration dated March 29 1956 is a complete and correct statement of the actual employers of the deceased John E. Swartout for the periods indicated therein In addition we are informed by Dr. Hinshaw's office that he in all probability will be unavailable for purposes of testifying on August 3 1959. The appearance of Dr. Hinshaw is necessitated by the refusal of the various party defendants to accept his medical reports in lieu of his oral testimony Therefore for the reasons stated above it is respectfully requested that the hearing now scheduled for August 3 1959 be canceled and matter ordered taken off calendar This order will enable your defendants to attempt to gain more complete and exact information as to the various employers of the deceased John E. Swartout and effect a proper service upon these persons . | * Very truly yours AS fr c - See next page ALBERT SENNETT Attorney ~ a CREATED BY THE STATE OF CALIFORNIA TO FURNISH PROTECTION TO EMPLOYERS AT THE LOWEST POSSIBLE TO GUARANTEE TO THEIR EMPLOYEES THE BENEFITS OF THE WORKMEN'S COMPENSATION LAWS COST AND C 0 << Industrial Accident Commission . 2, Mrs. John E. Swartout P. O. Box 0053 - Broadway Encramento 18 California e Emith & Parrish Station 501 Financial Center Bldg Oakland 12 California a Mundet Cork Corp. 7101 Tonnello Ave. North Bergen N. J. Harry A. Dutton Inc. 532 Natoma St. Sen Prancisco 3 California Dutton Asbestos Co. 532 Natoma St. San Francisco 3 Californis Dutton Asbestos & Supply Co. 532 Natoma St. San Prancisco 3 Calfornia Western Asbestos Co. 675 Townsend St. San Francisco 3 California Bay City Asbestos Co. Ltd. 251 = 5th Ave. Cakland California Cork Insulation Co. 750 - 5th Ave. . Eestern Fibrous 739 Bryant St. Glacd Prod Co. San Francisco 7 California General Insulation & Rubber 1247 Main Street Corp. El Centro California Armstrong Cork Co. Lancaster Pennsylvanis Johns Manville Sales Corp. 22 Bust 40th st New York City N. Y. C. C. Noore & Co. 450 Mission St. San Francisco 5 Californis ea J. P. Therpe & Son Ins 1351 Ocean Ave. Emeryville California K. Carpenter 907 Front St. Sacramento California S. R. Dutton Co. 532 Natoma St. San Francisco 3 California July 15 1953 C 0 P Y Industriel Accident Consiscion 3 @ ~ Bay Cities Asbostos Co. #5) o 5th Ave. - kestern kestern Fiberglass Fiberglas Fiberglass Supply Co. 739 Bryant St. San Francisco 7 California & - Baneral Insulation Co. Can Francisco California & - The Asbestos & Ragnesia Faterials Co. Chleago Illinois @ - Asbantos Co. of Seattle Supply Pairbanks & timsimati Chio 2 Tabonn Asbestos Co. of Tecoma '~ Anchorage Alaska -Giren Co. of Chicago Texse Haute Indiess & Jo nakanville Trenton Baw Jersey 8 ~ Insulation Carvices of king Terre Haute Indiana s - Haster Manufacturing Corp. of Pristel usen Artrona mf Jotas Manvillo Pittsburg California os > Pillsbury Madison ^ Autry P. San Francisco 4 California St. - Aetra InsETADOS 200 KontorySt. wan FranolB Califoims - Industrial Indcnulty Exchange 155 4 secsoue San Francisco 4 Californin ~ Infustrial Indemnity Co. 3 Vago. Francisco ian Francisco Q California - Pacific Indemnity to 134 sanse ^t 4 San Francisco California - Liberty Mutual Insurance ve 216 Plus St. aan Francisco 4 California ~ ofera kustual Lab Ins 14 Sansone ot. San Francisco i fornia #- Travelers Ins Co. Co. 315 Montgomery St. San Francisco 4 California of Hiesxinin July 15 1959 > Fs C 0 P Y Industrial Accident Commission 4 e ' 0 e~ Standard Accident Ins Co. 417 Nemtsoery St. Can Francisce 5 California Pasifia Exployers Ins Co. 50 Mentonery St. San Francisco 11 California Pacific Employers Ins Co. 3770 Piedmont Ave. Calland California Sedgwick Deter Horan & Arnold | 100 Bush St. . San Francisco 4 California Leonard Hanna & Erophy San Francisco 4 Californis c - Claims Department July 15 1959 Before Industrial Accident Commission Before Industrial Accident Before of Industrial oe Case N 0..5F. 469-17). BERGIT BERGIT SWARTOUT Applicant_ vs. MUNDET CORPORATION , et and AETNA COMPANY , et AETNA INSURANCE Notice of Time Notice of Time Further Place DefendantDesfendants PARTIES NOTICE TO ALL will be held in the aboveentitled action at You are are notified notified thatfurther hearing 510 Thayer Building 577 - 14th Street Oakland California 9:00 M. ( A.M. A.M.) Oakland DaCOMPENSATION MATTER IS 1959 DaCOMPENSATION DaCOMPENSATION INSURANCE INSURANCE HEARING IN FUND MADE INSURANCE Oakland, California TO REQUEST STATE ALL RESPONSE 1959 AT HEARING OF MARCH STATE INDUSTRIAL ACCIDENT COMMISSION SERVICE AND FURTHER HEARINGS ARE NOT FAVORED UPON SERVICE UPON: All official parties ) 18th 1959 fe Form 400 (Rtv. 381 <P exesz 11.80 100 ' 270 STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES 450 MCALLISTER STREET SAN FRANCISCO 1 EARL R. HOWARD R. A YOUNG H. C. MILLER DONALD GALLAGHER H. LEIMBACH M.D. GENERAL MANAGER ASST GEN M LGR COMPTROLLER CHIEF COUNSEL MEDICAL DIRECTOR enn Industrial Accident 577 - 14th Street Oakland California LF . anny 3 LOS ANGELES CHICO REDDING EUREKA SACRAMENTO FRESNO BAN DIEGO LONG BEACH SAN JOSE CAXLAND STOCKTON February 24 1959 Commission ms IN REPLY REFER TO 319552 - 10.55 10.55 JohnJohn E. E. Swartout Dec. Dec. . C Attention Olney L. Huff Referee Re Bergit A. and Aetna Claim No. Swartout vs. Mundet Cork Corp. Casualty & Surety Company et al SF 169-171 0 Dear Mr. Huff 1959 We are now in receipt of your letter of February 17 P Please be advised that we have this date served the following additional parties with our Petition for Reap- portionment etc. initially forwarded to this Commission on December 26 1958 Thank you for your cooperation Y AS Very truly yours ALBERT SENNETT Attorney c - See next page CREATED BY THE STATE OF CALIFORNIA TO FURNISH PROTECTION TO EMPLOYERS AT THE LOWEST POSSIBLE COST AND TO GUARANTEE TO THEIR EMPLOYEES THE BENEFITS OF THE WORKMEN S COMPENSATION LAWS C 0 P Y * - Mrs. John E. Swartout 3000 Merrywood Drive Sacramento California Smith & Parrish 501 Financial Bldg Oakland California Mundet Cori Corp. 7101 Tonnelle Ave. North BergeKn. J. Harry A. Dutton Inc. 532 Natoma St. San Francisco California Dutton Asbestos Co. 532 Natoma St. San Francisco California Dutton Asbestos & Supply Co. 532 Natoma St. San Francisco California Western Asbestos Co. 675 Townsend St. San Francisco California Bay City Asbestos Co. 251 5th Ave. Oakland California Cork Insulation Co. Ltd. 750 - 5th Ave. N.Y. . Western Fibrous Glass Prod Co. 739 Bryant St. San Francisco California General Insulation & Rubber 1247 Main Street El Centro California Corp. Armstrong Cork Co. Lancaster Pennsylvania Johns Manville Sales Corp. 22 East 40th St. N. C. C. Moore & Co. 450 Mission St. San Francisco California ~ 1351 Ocean Ave. Emeryville California Mr. R. Carpenter : 507 Front St. Racramento California 5. R. Dutton Company 532 Natoma St. San Francisco California Bay Cities Asbestos Co. 251 - 5th Ave. Oakland California Western Fiberglass Supply 739 Bryant St. han Francisco California C 0 P Y General Insulation Co. San Francisco California The Asbestos & Magnesia Materials Co. Chicago Illinois Asbestos Supply Co. of Seattle * Fairbanks Alaska Cincinnati Ohio Tacoma Asbestos Co. of Tacoma * Anchorage Alaska 1 Jamar Co. of Chicago Terre Haute Indiana Johns Manville * Trenton Now Jersey ** Insulation Services of Minn Terre Huate Indiana Hunter Manufacturing Corp. of Bristol Pa * Tuscon Arizona Johns Manville Pittsburg California Pillsbury Madison & Sutro 225 Bush St. San Francisco California Aetna Insurance Co. 220 Montgomery St. San Francisco California Industrial Indemnity Exchange 155 Sansome St. San Francisco California Industrial Indemnity Co. 350 Sansome St. San Francisco California Pacific Indemnity Co. 114 Sansome St. San Francisco California Liberty Mutual Insurance Co. 216 Pine Street San Francisco California Employers Mutual Liab Ins 114 Sansome St. Co. of Wisconsin San Francisco California - Travelers Ins Co. 315 Montgomery St. . San Francisco California Standard Accident Ins Co. 417 Montgomery St. San Francisco California . Pacific Employers Ins Co. 505 Montgomery St. San Francisco California * - *- * C - - Pacific Employers Ins 3770 Piedmont Ave. Co. . Oakland California Sedgwick Deter Moran & Arnold 100 Bush Street San Francisco California Leonard T. Leonard P. Niedermuller Hanna & BrophyBrophy 100 Bush Street San Francisco California * These parties served copy of defendant State Fund's - Petition for Reapportionment of Occupational Disease Award and Contribution among Parties Defendant on February 24 1959 C 0 P Y c Mrs. John E. Swartout 3000 Merrywood Drive Sacramento California Smith & Parrish 501 Financial Bldg Oakland California Mundet Cork Corp. 7101 Tonnelle Ave. North Bergen N. J. Harry A. Dutton Inc. 532 Natoma St. San Francisco California Dutton Asbestos Co. 532 Natoma St. San Francisco California Dutton Asbestos & Supply Co. 532 Natoma St. San Francisco California Western Asbestos Co. 675 Townsend St. San Francisco California Bay City Asbestos Co. Ltd. 251 - 5th Ave. Oakland California Cork Insulation Co. 750 - N. Y. 5th Ave. Western Fibrous Glass Prod Co. 739 Bryant St. San Francisco California General Insulation & Rubber Corp. 1247 Main Steeet El Centro California Armstrong Cork Co. Lancaster Pennsylvania Johns Manville Sales Corp. 22 East 40th St. Y. C. C. Moore & Co. 450 Mission St. San Francisco California J. T. Thorpe & Son Inc. 1351 Ocean Avenue Emeryville California M. R. Carpenter 907 Front St. Sacramento California S. R. Dutton Company 532 Natoma St. San Francisco California Bay Cities Asbestos Co. 251 - 5th Ave. Oakland California Western Fiberglass Supply 739 Bryant St. San Francisco California Co. Ww . General Insulation Co. San Francisco California The Asbestos & Magnesia Materials Chicago Illinois Asbestos Supply Co. of Seattle Fairbanks Alaska Co. Phillip Care Mfg Cincinnati Ohio Co. Tacoma Asbestos Co. of Tacoma Anchorage Alaska Olmen Co. of Chicago Terre Haute Indiana Johns Manville Trenton New Jersey Insulation Services of Minn Terre Haute Indiana Hunter Manufacturing Corp. of Tucson Arizona Johns Manville Bristol Pa Pittsburg California Pillsbury Madison & Sutro 225 Bush St. San Francisco California Aetna Insurance Co. 220 Montgomery St. San Francisco California Industrial Indemnity Exchange 155 Sansome St. San Francisco California Industrial Indemnity Co. 350 Sansome St. San Francisco California Pacific Indemnity Co. 114 Sansome St. San Francisco Liberty Mutual 216 Pine St. California Insurance Co. San Francisco California Employers Mutual Liab Ins 114 Sansome St. Co. of Wisconsin San Francisco Travelers Ins California Co. 315 Montgomery St. San Francisco California Standard Accident Ins Co. 417 Montgomery St. San Francisco California Pacific Employers Ins Co. 505 Montgomery St. San Francisco California oF Pacific Employers Ins 3770 Piedmont Ave. Oakland California Sedgwick Deter Moran 100 Bush Street Co. & Arnold San Francisco California Att T. P. Niedermuller Leonard 100 Bush Hanna & Street Brophy San Francisco California * These parties_served parties_served copy of defendant State Fund's Petition for Reapportionment of Occupational Disease Award and Contribution among Parties Defendant on February 24 1959 21 11 22 13 14 15 16 5898 5898 5898 5898 2 2 2 2 25 2 8 8 8 FORM 339 26409 10-55 100M STOCK STOCK BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ***** BERGIT A. SWARTOUT ) Claim No. 169-171 Applicant MINUTES OF HEARING VS. } SUPPLEMENTAL MUNDET CORK CORP HARRY A.DUTTON ) INC DUTTON ASBESTOS CO DUTTON ASBESTOS & SUPPLY CO WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIBER GLASS COMPANY GENERAL INSULATION & RUBBER CORPORATION ARMSTRONG CORK CO JOHNS ST yO M STMEE NT OFNINOT LSTRIAL RELATIONS | GYISION OF INDUSTRIAL ACCIDENTS : ) FILED |) MAR 19 1959 MANVILLE SALES CORPORATION C. C. MOORE & | CO J. T. THORPE & SON AETNA INSURANCE COMPANY INC STATE M. R. CARPENTER ) .-. COMPENSATION Ra .. . INSURANCE FUND INDUSTRIAL INDEMNITY ) EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY } TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and ) PACIFIC EMPLOYERS INSURANCE COMPANY Defendants Place and Time Oakland California - March 16 1959 10:00 A.M. REFEREE REPORTER APPEARANCES DISPOSITION 12 Bk P 107 Murphy Naismith . Applicant not present not represented by counsel Western Asbestos Company and State Compensation Insurance Fund represented by Albert Sennett Defendant C. C. Moore & Co. represented by Murman & Bishop Attorneys 1 Nelson Barry appearing Hadsell Defendant Industrial Indemnity Company Bay City Asbestos Co. Ltd. represented by Hanna & Brophy Attorneys - Ivan A. Schwab appearing Defendant Industrial Indemnity Exchange Western Fiber Glass Company represented by Hanna & Bropy Attorneys - Ivan A. Schwab appearing Defendant Standard Accident Insurance Company and Travelers Insurance Company Armstrong Cork Co. represented by Hanna & Brophy Attorneys - Ivan A. Schwab appearing Defendant Liberty Mutual Insurance Company Armstrong Cork Co. ) represented by Walter Attorney - Lawrence Weitzer appearing for Kohn Submitted HEARING MARCH 16 1959 Defendant Pacific Employers Insurance J. T. Thorpe & Son Inc. represented Company for by Mullen & Filippi Attorneys - William Mullen appearing Theodore Neidermuller of Sedgwick Detert Moran & Arnold Specially appearing for Actna Insurance Company and its assured Mundet Cork Corporation EXHIBITS Pacific Employers Exhibit A - " Standard Accident A -- Wage statement Wage statement Travelers Insurance - Wige Wige statement ISSUES 1. Apportionment of liability :. my . . Cc* Xi _ oN ~~ t nr , : ane a i ate 8 1 . oy Ca? nh fovea ny Ma i ne i : . yee APTAR APTAR : HT TE LAL | CARTFILE 11 CART : ab Ube ee TELE Veg FILE FILE FILE aalt | i my woe ra > . Reconsideration having bees td crante ei vitae huster having bien carefully consiner 0) bsesuddir trac gue of the testimony as well as the see as a whole is co ot alon now zonellies that further proce ings are not eotectial + for the disposition of the claim and 11405 113 Cogisit oreey 3 . Ar ely Reconsideration as follows \ GOOD CAUSE TEARING THEN Cu IT IS ORDERED that Finan 13 and Award filed N 4, ^'s: 1958 be and the same 1s vacated aunulled and set usite on! ~? oy that the following Findings and Awori be substituted in li 5). thereof and made the Decision after Reconsideration of this a. 3 Commission : ^' Shs ee eee ~ ate nent ee ee wee villi ah jhe es 1 . 1 o er een rn w I o 1 John E. : N ry 3 3 . in the the County County County of San 2 San t } 4 5 ; 10 10 19195555 W by W * . Dit oaa ty F he 102 1 2, : fk , substan substan : ha : 7 se N . > 11 11 12 - : ve , ay : 17 te employ both both with he with 3 Achesben Achesben Achesben Achesben 4 wht . r . . + 1 . teh Bt. A cage, , t \. aan . 1 1 ingent 1 ingent ingent ingent ; * ra . 2908 Tee rome at at th th sowie oot ge at ! A - fae. 1 give 4 give d obroliave ] ot obroliave obroliave obroliave lit 20 : 21 . 21 , we established established ! br br nobics nobics nobics a from the : from the mloyon di waid waid a ' } 1 ! ne : v] ws fy Doin . , CI +e ao ayed ayed 5 } s vod } . . SR . bestod bestod bestod Worker January January January 2 January q we rene rising rising - Issing Qf or $ bine in vod boos 3 3 aay s04 oO " T T IL ta ~ ran 1 * - oP loym.nts 30 10 Ls discbility discbility discbility discbility Including Including Including Including June June 5 5 by by 212 12.555 12.555 12.555 12.555 indem- indem- es e eaa tm t en mtent to cure cure Nory o pe - evidence evidence eo 3 33 by the the injury injury injury Po 34 916 916 916 ; 28 * 2 2 2 : 3 wartout < .69-171 vec aft 3 Rec 7 fae splicubi for adjunt adjunt was filed herein within one year from the date 2 said injury 30 The evidence fails to oot . high that defendants or any of then have en prejudiepdrejudied by 1 2 fo netice of the claim asserted herein " Said employee left surviving him his widow Bergit A. Swartout the applicant herein 10. Applicant is intitled to the statutory burial expense of 400 11. The employee incurred expense in the sum of 35 for 2 Pl ne 2 1 lt tages aeee a ty te a ic Laan ree dese Pha e es athena act veo roa a cca lta7 , romps oy ss fully os wo Deputy Deputy Commissioner Commissioner oped EIA RR LENE OR SEP PE"cena nance TIES SLANT BERGIT BERGIT SWARTOUT Ve MAUI DET LOS vO > HARYi ve! . 1958 limitations and tthh at at that 44, defendants Statute limitations prejudiced prejudiced lack asserted defendants habv eeneprejudiced by by asserted herein the lack lack te is not barned barned the Uh fails establish establish bnat fails notice notice the claim claim Decision after Decision arter Reconsideration should issue accordingly STATE COMMISSION CALIFORNIA THE THE -- ---- -- --CALIF--ORNIA--,-- CALIFORNIA -- ---- -- -- ----,---- ---- -- -- ----,-- Commissione Commissione Deprty Commissioner -- 2 3 4 5 6 7 8 9 23 23 22 22 14 15 16 1959 1960 19 20 2 N 23 24 N 28 27 28 29 30 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA BERGIT A. SWARTOUT CLAIM NO Applicant SF 169 ) 171 Oo Pb RISALAATS yo Blage ; RISALATS RISALATS RISALAATS FILED Ap APATRO APATRO APATRO APATRO f -VS- } } MUNDET CORK CORPORATION et al ) AETNA INSURANCE COMPANY et al ) ) Defendants ) ) ORDER DISMISSIN LAG CK OF PROSECUTION DEFENDANT STATE COMPENSATION INSURANCE FUND'S PETITION FOR REAPPORTIONMENT OF AND OCCUPATIONAL CONTRIBUTION DISEASE AWARD AMONG PARTIES PARTIES Notice of Intention to Dismiss Petition for Reapportionment for Lack of Prosecution having having been filed and served on APRIL 18 1960 and no objection thereto having been received within the time set forth in said Notice IT IS HEREBY ORDERED That Defendant STATE COMPENSATION INSURANCE FUND'S PETITION FOR REAPPORTIONMENT be and it is hereby dismissed for lack of prosecution MAILED AT OAKLAND 4-29-60 REFEREE Daniel C. DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION All parties of record as indicated on Order Taking Off Calendar heretofore served under date of July : 21 1959 FORM 339 sro Qe \ BEFORE THE INDUSTRIAL ACCIDENT CLAIM NO COMMISSION OF SF 169-171 THE STATE OF CALIFORNI CALIFORNI JOHN E. SWARTOUT Applicant -VS- MUNDET CORK CORPORATION et al AETNA INSURANCE COMPANY et al Defendants NOTICE OF INTENTION TO DISMISS PETITION FOR REAPPORTIONMENT FOR LACK OF PROSECUTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NOTICE IS HEREBY GIVEN that unless good cause be shown to the contrary in writing within SEVEN 7 DAYS from date of service hereof Defendant STATE COMPENSATION INSURANCE FUND'S PETITION FOR REAPPORTIONMENT OF OCCUPATIONAL DISEASE AWARD AND CONTRIBUTION AMONG PARTIES will be dismissed for lack DEFENDANT filed of prosecution DECEMBER 29 1958 MAILED AT OAKLAND 4-18-60 DANIEL C. MURPHY , REFEREE INDUSTRIAL ACCIDENT COMMISSION Hanna & Brophy Oakland Bergit A. Swartout Smith Parrish Paduck & Clancy Pillsbury Madison & Sutro Atty Walter Kohn Liberty Mutual SF Hadsell Murman & Bishop Sedgwick Detert Moran & Arnold Mullen & Filippi State Colmpensation Insurance Fund Henry G. Sanford Industrial Indemnity Co. 049440 Travelers Ins Co. Oakland B7814289 Standard Accident Ins Co. San Bruno 96C728796 96C728796 FORM 339 3223 Trl SP a " t, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 50 FORM aeirs 339 57 17514 -- -- -- -- BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNI CLAIM NO SF 169-171 BERGIT A. SWARTOUT ) -VS- Applicant 3 MUNDET CORK CORPORATION et al } AETNA INSURANCE COMPANY et al ) ) Defendants y ) | 21 FILED 195 199 59 os DAE NOTICE OF CANCELLATION OF HEARING AND ORDER TAKING OFF CALENDAR NOTICE IS HEREBY GIVEN to the parties in the above entitled case that the hearing heretofore scheduled for AUGUST 3 1959 on Petition for Reapportionment of Occupational Disease Award and Contribution Among Farties Defendant filed by WESTERN ASBESTOS COMPANY and STATE COMPENSATION INSURANCE FUND on DECEMBER 29 1958 has been canclled pursuant to request of defendant State Compensatio Indurance Fund by letter dated JULY 15 1959 and GOOD CAUSE APPEARING THEREFOR IT IS ORDERED That the above entitled matter be and it hereby is taken off calendar and all further action on the matter now pending herein suspended subject to being reset after notice upon request of any of the parties hereto MAILED AT OAKLAND 7-21-59 - KH DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION Bergit Smith A. Swartout PO Box 8053 Parrish Paduck & Clancy Broadway Station Sacramento Financial Center Bldg Oakland Pillsbury Madison & Sutro 225 Bush St. San Francisco Aetna Insurance Co. 220 Montgomery St. San Francisco Industrial Indemnity Exchange 155 Sansome St. San Francisco Industrial Indemnity Co. 350 Sansome St. San Francisco Pacific Indemnity Co. 114 Sansome St. San Francisco Liberty Mutual Ins Co. Mr. Walter Kohn 216 Pine St. S.F. Employers Mutual Liab Ins Co. of Wisonein 114 Sansome St. SF Travelers Insurance Co. 315 Montgomery St SF Standard Accident Pacific Employers Ins Ins Co. Co. 417 Montgomery St. 244 Pine St. SF SF Sedgwick Detert Moran & Arnold 100 Bush St. SF Hanna & Brophy 100 Bush St. SF and 1540 San Pablo Ave. Oakland State Compensation Insurance Fund 450 McAllister St. San Francisc General Accident Fire & Life Assur Corp. Facific Mutual Bldg SF Henry G. Mullen & Hadsell Sanford Filippi Murman & Hobart Bldg SF 315 Montgomery St. SF Bishop 405 Montgomert St. SF 10 11 12 13 14 15 16 529 529 19 20 21 23 2 25 N N 28 30 POK 339 43225 01764 01764 oro ae ORDER TAKING OFF CALENDAR BAM CLAIM SF 169 171 PARTIES SERVED CONTINUED MAILED AT OAKLAND 7-21-59 7-21-59 - KH Mundet Cork Corp. 7107 Tonnelle Ave. North N. HARRY A. DUTTON INC 532 Natoma St. SF Bergen S. R. Dutton Co. 532 Natome St. SF Dutton Asbestos & Suply Co. 532 Natoma Western Asbestos Co. 675 Townsend St. SF Bay City Asbestos St. SF Cork Insulation Co. Ltd. 251 5th Ave. Oakland Co. Inc. 730 5th Ave. N.Y. Western Fiber Gass Co. 739 Bryant St. SF General Insulation & Rubber Corp. 1247 Main Armstrong Cork Co. Lancaster Penn St. El Centro Johns Manville Sales Corp. 22 East 40th N.Y. Johns Manville Pittsburg Calif St. 22 East 40th C.C. Moore & Co. 450 Mission St. SF St. N.Y. J.T. & M.R. Thorpe Son Inc. 1351 Ocean Ave. Emeryville Carpenter 907 Front St. Calif Phillip Care Mfg Co. / Sacramento Calif General Accident Fire & Life Assur Corp. Pacific Mutual Bldg SF STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES 450 MCALLISTER STREET SAN FRANCISCO I i EARL R. HOWARD A. YOUNG HC HC MILLER CONALD GALLAGHER M. LEIMBACH GENERAL MANAGER ASBY GEN'L MGR COMPTROLER COMPTROLLER CHIEF COUNSEL MEDICAL DIRECTOR i : 4 ee ott . . ce : m4 . ' 7 ; | Industrial Accident Commission 577-14th Oakland Street Room California 510 Re I.A.C. Claim No. 169-171 ---- -- -- July 15 1959 CHICO EUREKA FRESNO LOS ANGELES SACRAMENTO SAN BERNARDINO SAN DIEGO SAN REDDING vfi 1959 1959 IN REPLY REFER TO No. 319552 John E. Swartout Deceased Gentlemen This matter is 9:00 a.m. at 510 Thayer California now set for hearing on August 3 1959 Building 577-14th Street Oakland In the last few weeks we have received a number of communications from various persons indicating that there is some serious doubt as to whether the information with regard to prior employments as set forth in the letter from the Department of Health Administration dated Education March 29 and Welfare Social 1956 is a complete Security and correct statement of the actual employers of the deceased John E. Swartout for the periods indicated therein In addition we are informed by Dr. Hinshaw's office that he in all probability will be testifying on August 3 1959. The necessitated by the refusal of the unavailable for purposes of appearance of Dr. Hinshaw is various party defendants to accept his medical reports in lieu of his oral testimony Therefore for the reasons stated above it is respectfully requested that the hearing now scheduled for August 3 1959 be canceled and the matter ordered taken off calendar This order will enable your defendants to attempt to gain more employers of complete and exact the deceased John information as to the various E. Swartout and effect a proper service upon these persons Very truly yours AS ALBERT SENNETT Attorney C - See next page CREATED BY THE STATE OF CALIFORNIA TO FURNISH PROTECTION TO EMPLOYERS AT TO GUARANTEE TO THEIR EMPLOYEES THE BENEFITS OF THE WORKMEN'S THE LOWEST POSSIBLE COMPENSATION LAWS COST AND amy Wy, Industrial Accident Commission 2 -C -c _C Mrs. John P. O. Box E. Swartout 8053 - Broadway Station Sacramento 18 California Smith & Parrish 501 Financial Center Bldg Oakland 12 California Mundet Cork Corp. 7101 Tonnelle North Bergen Ave. N. J. Harry A. Dutton Inc. 532 San Natoma St. Francisco 3 California Dutton Asbestos Co. 532 Natoma St. San Francisco 3 California Dutton Asbestos & Supply Co. 532 San Natoma St. Francisco 3 California Western Asbestos Co. 675 Townsend St. San Francisco 3 California Bay City Asbestos Co. Ltd. 251 - 5th Ave. Oakland California Cork Insulation Co. 750 - 5th Ave. New York City N. Y. Western Fibrous Glass Prod Co. 739 Bryant St. San Francisco 7 California General Insulation & Rubber Corp. 1247 Main Street El Centro California Armstrong Cork Co. Lancaster Pennsylvania Johns Manville Sales Corp. 22 East 40th St. New York City N. Y. C. C. Moore & Co. 450 San Mission St. Francisco 5 California J. T. Thorpe & Son Inc. 1351 Ocean Ave. Emeryville California M. R. Carpenter 907 Front St. Sacramento California S. R. Dutton Co. 532 Natoma St. San Francisco 3 California CJ5 July 15 1959 At ~ a ; ov woe Industrial M Commission Industrial \ Industrial Bay Accident Commission . Cities Asbestos Co, 3. 15 ~, 7 Cities Asbestos 251 California Oakland Fiberglass Fiberglass Supply Co, pL ec - Western Fiberglass Fiberglass Supply - - ' - c + c ~ - Bryant Francisco California San Insulation -- Co. General Francisco California Francisco California Materials Magnesia Asbestos Illinois Co. Asbestos Supply of Seattle Fairbanks Alaska Alaska Phillip Mfg ... co. ... ... ... Phillip Ohio Co. Tacoma Asbestos of Tacoma JAanmcahr orage Alaska of Chicago Olmen Chicago Terre Haute Co, of ere a - C - c ~ Johns Manville Jersey Trenton Jersey of Insulation Insulation Services Minn Terre Indiana Corp. of Hunter Manufacturing Tucson Arizona Bristol . c- Johns California PPillisburty tPisllbsbuuryrgPillsburCy alifornia & Sutro ' ~ e - 225 Bush 4 California San Francisco Co. Co. Aetna Insurance St. 220 Montgomery Montgomery California - FranIcndiusstcrioal IInndedmnitey mnity Exchange 155 Sansome St. California Francisco Indemnity Co. - Industrial Indemnity ' - c ~ 350 Sansome St. California San Indemnity Co. - Sansome Sansome San Francisco Francisco California Liberty Mutual Insurance Co. Liberty Pine ~ Cc - San Francisco Francisco Employers Mutual Sansome Sansome California Liab Ins San Francisco Francisco California Travelers Travelers . 315 Montgomery Montgomery San Francisco Francisco California Co. of Wisconsin 1959 1959 7 a Industrial Accident Commission 4 @ -~ Standard Accident Ins Co. 417 Montgomery St. San Francisco 4 California c - Pacific Employers Ins Co. 505 Montgomery St. San Francisco 11 California c - Pacific Employers Ins Co. 3770 Piedmont Ave. Oakland California c - Sedgwick Deter Moran & Arnold 100 Bush St. San Francisco 4 California c - Leonard Hanna & Brophy 100 Bush St. San Francisco 4 California C - Claims Department ~ Ne . a out iF July 15 1959 MORE YORK ARKSBURG ARKSBURG CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA . ALEXANDER ALEXANDER & ALEXANDER ALEXANDER INCORPORATED Dettled INSURANCE . AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 ALEXBLUE July 27 1960 Mr. William L. Hughes Manager Insurance Department Armstrong Cork Company Lancaster Pennsylvania . ; : - . Travelers Policy No RUB 4490459 Dear Sir Please note disposition made of the following claim Date of Accident January 6 1955 - Claimant John E. Swartout Location Various cities in California Claim No. : 7814289 Disposition 46.50 - Expense Remarks Very truly yours ALEXANDER & ALEXANDER INC . Indicate Whether LOSS DEPARTMENT _ Finlay Workmen's Comp Auto Liability B.I. P.D. General Liability B.I. . P.D. INSURANCE COMPANY COMPANYCOMPANY COMPANY COMPANY V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 May 24 1960 < 5 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick Re Claim No. 728796 John E. Swartout vs Armstrong Cork Company We are in receipt of advices from the Standard Accident * Insurance Company that they have closed their file on the above claim The only expense incurred by them was some legal costs As you probably know on March 4 1958 the California Industrial Accident Commission awarded Bergit A. Swartout against the State Compensation Insurance Fund a total sum of 2,555.00 for the period January 11 1955 to June 5 1956 Further award was made to her against the Fund of 7,000.00 commencing Jime 6 1956. Additional awards were made for burial expense in the sum of 400.00 and 35.00 medical costs to Dr. Allen E. Moe With kindest personal regards we are Very truly yours L. P. SHRIVER AGENCY D. B. Edgar May 27 1960 Mr. D. B. Edgar V.L.P. Shriver ^gmoy 1801 Union Bank Building Pittsburgh 22 Pa Dear Daves Subjects John E. Svartout wie concerning We appreciate and thank you for your May 24 letter of the Swartout plain the disposition Glad Standard Accident only incurred some legal expense Tery truly yours JEZ Insurance Department RCS BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 1 "< "< FF 5 6 7 CLAIM NO S.F. " " ' BERGIT A. SWARTOUT all mee Neo -VS- Applicant Naa Sigg Seah Nea MUNDET CORF CORPORATION et al Se AETNA INSURANCE COMPANY et al eat eet Defendants al Ne | 169-171DEPARTMENT peg DEPARTMENT HUSTRIAL LATES . DIVISIGN OF INDUSTRIAL ACCIDENTS FILED APR 29 1960 ORDERDISMISSING OF PROSECUTION DEFENDANT STATE COMPENSATION INSURANCE FUND'S PETITION FOR HEAPPORTIONMENT OF OCCUPATIONAL DISEASE AWARD AND CONTRIBUTION AMONG PARTIES 9 10 1011 12 5/360 WBit 5/3/60 5/3/60 5/3/60 14 15 16 17 Notice of Intention to Dismiss Petition for Reapportionment - for Lack of Prosecution having been filed served APRIL 18 1960 and no objection thereto having been reedived within the time set forth in said Notice IT IS HEREBY ORDERED That Defendant INSURANCE FUND'S FETITION Defendant STATE COMPENSATION R^ ANPORTIONMENT be and it is hereby dismissed for spos^'cution 18 19 20 21 22 . KH MAILED AT OAKLAND 4-29-60 All parties of record NS DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION 23 24 25 26 27 28 WN 30 FORM 297 29758-59 29758-59 126M STO BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD April 21st 1960 Res TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt heb, f , Claim B 7814289 J. E. Swartout Workmen's Compensation California advise that We have your letter of April 19th Petitions for Dismissal were filed by the in which Pacific you Employers Insurance Company and the Mountain Company and inquiring if the Travelers will State Mutual Casualty file a similar Petition We have written Office today and just as soon as we will be forwarded to you to their Oakland California have their reply the information Sincerely ALEXANDER & ALEXANDER A Finley INC GENERAL ADJUSTER RCS BEFORE THE INDUSTRIAL ACCIDENT COSSSION OF THE STATE OF CALIFORNIA DENCIT A. SHARTOUT . CLAIM NO . 169-171 SF 169-171 with APR 22 1950 with APR ) Applicant ] ARMSTRONG EMPLOYERS INSURANCE va. CORK COMPANY MUTUAL LIABILITY COMPANY OF WISCONSIN ) DISMPI ORS DIS SMIA SSL AL , | Defendants 11 Comes now EXPLOYERS MUTUAL LIABILITY INSURANCE COMPANY 12 OF WISCONSIN a defendant herein and petitions for a dismissal dismissal 13 with prejudice for want of prosecution 14 On or about June 10 1953 the Commission issued its 15 16 17 | 19 20 21 22 Decision After Reconsideration in favor of the applicant against Western Asbestos Company and its carrier State Compensation Insur ance Fund State Compensation Insurance Fund has filed a Petition for apportionment but no prosecution has been had of the claim since the matter was ordered off calendar on July 21 1959 Your petitioner since July 21 1959 has been required to maintain legal files and legal reserves and is still required to maintain such legal files and legal reserves at considerable 23 = cost and expence and without apparent cause or reason 24 Your petitioner ellages that the defendants Westera 25 Asbestos Company and State Compensation Insurance Fund have not 26 shavn due diligence in proceeding with their claim 27 dismissed prayed 28 be WHEREFORE it in respectfully that this matter with prejudice for want of prosecution and lack of 29 insurance coverage by this carrier for the defendant Armstrong Cork Company 31 Respectfully submitted thisday of April 1960 32 33-38 1-14 3. Patrick Goodwin Atty for Petitioner PARTIES SMIVKI a Bergit A. Swartout P.O. Box 8053 Broadway Station Sacramento Calland Smith Bldg Parrish Faduck & Clancy Financial conter Pillsbury andizon & Sutro 225 Bush St. San Francisco Francisco InAdeuts na trIinasl ura Indn emnc itye CoInd. emnity E22x0chMaonngtogom1e5r5ySSat ms .on San St. San Francisco Industrial Indemnity Co. 350 Sansome St. San Francisco Co. Jansone Indemnity Pacific Indemnity Co. St. Pan Pan Francisco 3.F. 114 JanWsaolnteer Francisco Liborty Mutual Ins Co. Mr. Kohn 216 PinePine St. San 3.F. Co. St. San Francisco 6 Travelers Insurance 315 Montgatery 417 Montgomery St. Francisco Francisco San Francisco Standard Accident Ins Co. 7 Pacific Pacific EmEmppllooyyeerrss Ins . Co. , 244 Pine St. , San Francisco Francisco Jedgwick Detert Moran & Arnold 100 Bush St. San Francisco 8 & 100 Bush St. SP & 1540 San Pablo On Brophy 450 McAllister State Compensation Insurance Fund St. S.F. 5.F. Corp. 9 General Accident Fire & Life Assur Pac Autual Bldg Francisco ; Henry G. Sanford Hobart Bldg San Francisco 10 & Francisco soll Furman 405 Iontgomery St. San N.7 Bishop kundet ~ orkCorp. 7107 Tonnelle Avo North Bergen 11 Inc. Harry A. Dutton 532 Natoma St. San Francisco - 12. R. Dutton Co. 532 Ratoma St. San Francisco Francisco 12. Dutton Asbestos & Supply Co. 532 Natoma St. San Francisco Francisco Western Asbestos Co. 675 Townsend St. San 13 Oakland Bay City Asbestos Ltd. 251 5th Ave. Co. Cork 14 Inc. Francisco Insulation Insulation Glass Co. BryBarnytant Ave. H.Y. Francisco Western FibeGrlass Co. 739739 , Main St. El Centro Calif Ceneral & Insulation LancasterCorp. 1247 Armstrong Cork Co. Lancaster . 22 Johns Manville Sales Corp. East M.Y. H.Y. 40th St. , Manville Calif 22 East Francisco St. Johns Pittsburg C. C. Moore & Co. Szaryville J. T. Thorpe & Son 450 Inc. Mission 1351 San St. FranciscFroancisco Ocean Ave. Calif 18 Phillip Carpenter Mfg Co. Front ceneral ceneral Accident Calif & Life Assurance 19 Corp. Pacific Mutual Bldg San Francisco 20 , 21 o 22 23 24 VERIFICATION 2 3 J. PATRICK GOODWIN declares under penalty of perjury 4 That he is an attorney for the petitioner heroin and that 5e - is more familiar with the facts alleged in the foregoing and petition 6 han are any of the officers of the petition for that rea 7he makes this verification on behalf of said petitioner that ho petition shas shas read the foregoing and the same is true of his own 91nowledge 91nowledge and belief except as to those 4 matters alleged on { informa- 10tion or belief and as to those matters he believes them to be A true 11 Dated this _day of April 1960 in San Francisco 12California 13 14 15 16 17 18 19 20 21 22 23 * 24 T 5-13-60- April 19 1980 Mr. Christopher Hoff Alexander & Alexander 2225 N. Charles Street Baltimore 18 Md Inc. Dear Chriss Subjecti Subjecti Clain 7814289 VJ E. Bwartout Workmen Compensation ae Calif We anclose a Photostat of attorneys for the Pacific Bergit 1. Bwartout a Petition for Dimissal filed Employers Insurence Company in April 5 by the the claim of Today we got a copy of a similar petition filed by the Mountain Mutual Casualty Company for the sme reason The typing is too to duplicate but Travelers received a copy State faint We are wondering if Travelers will file a similar Petition for Dismissal Travelers included a 2,000 reserve in the last three retrospective ratings and Travelers coverage only involved 84 hours of work in California by the late Mr. Svartout Very truly yours JEZ Enclosure Insurance Departamt ; ** 02 3 4 6 8 10 11 ee 12 ee 13 1414 15 15 16 17 18 19 20 21 23 23 24 25 26 27 28 29 30 BINGAZ TNK INEUMOLAL ACCIDENT COXHISSIN oF TAY SORTT uF > VS. HUNDEYBACO CRKK CORPORATIN t al ( LITH LITH BACK Co SPArry SPArry et al } Defendants Defendants ( - eee eee lee ee mt REE PIOS FOR CISMINAL CISMINCAILSMINAL FOR LACK OF RECHT RECHT oh COW COW the demant demant C. C. MOOKS & COMPANY and its cerriar XACIN XACIN ETA MUL CADCALLY COMPARY COMPARY and subaits this stition for Disalesal for Lack of Prosecution and in support ther allege and over as follows after That on June 10 1962 your Commiesi.n lasurd its decision reconsideration ewarding certain temporary disability in- domnity Western benefits Asbestos and death benefite against the deansunt Charany act its inturanes carrier Stage Compensation Insurance Fund in favor of Bergit . wartout the applic hoa ri n hot ri That suic decision was based on applicant's election to proconc agalus ona dalspcubt GAC asbestos Cahan Cahan abd its its insu ancs curri the State Capensation Capensation Insurance Fund under the rovisions of Labor Code Uection 5500.5 On Ircept r 76 1908 the er bestop Company and Stute Comnenmation Insurance lum filed a otition for re- apportionment of occunst ni a . itsas ward end contribution anila anila rastics def pdant i hr^ringUb this potition was set for Harch 1 ,, 3 4 5 00 7 9 10 10 11 12 13 14 15 16 17 18 19 22 21 22 23 24 25 26 27 28 29 30 16 1959 in Oakland California When the patter , for hearing at the nquest of counsel for Hoste Hoste Cobrany and State Compensation Insurance Fund t reset for a full morning on August 3 1:59 - On July 15 1959 counsel for hestern ab and State Compensation Insurance Fund requeste^ requeste^ of the hearing of August 3 1959 and that an or mater off calendar be issurd In respvose to th your Commission on July 21 1959 issued a not ion of hearing and an order taking off caleraet That counsel your petitioner is infur end on the basic of such information and belie this retitionhears a meritorious defense becaus sent by the employer was outside the State of C contrect of hire not made in California Infor . subaltter to counsel for the State Fund es folk 1. Ar Swartout war saployed by C. C. * January 9 1950 dni work was cusplan cusplan Jan Mr. Swartout was meployed as an asbestos vor through the bestos Workers Unim in El Paso 3. Hr Svartout worked three full vecks wenk Curing the above period His rute of pay ulir In aduition Mr. Swartout was raid oight time to the job and sight we traveling tio PPa aso so Mr. Swartout's eyes 90.00 * MAN OF. three weeks plus sixteen her 836.10836.10 or a total of 306.00 travel time in Thiz petitioner and his insurance curri by this c^rduct in that they are being unnecess 1 reeves to curry 2 in the cuse in spite of the wan of prosecution 3 and in spite of & valid and sositori us dvfasue to tho clais * eri GR6 1 is respectfully rogu that A your Commission issue los order Disalssing the petition for reap- 5 portions of occupational cimase award and 6 cutribution GIS AE partics defendant with prejudice 7 Dated - Acril 13 1960 8 Respectfully submitted 9 10 10 11 11 12 12 13 13 14 15 15 16 17 18 19 20 21 23 23 24 25 26 27 88 88 30 MAMAIID D MAID MAID MAID om & ee ett & PR ari 1000 4/27/60 4/27/60 Bergit Sartout O Box 8053 Broadway Station cramento Smith Parrish duck & InanBroadwac y Ini ana cil al Center Bldg kad Fillsbury disobutro disobutro 225 Bush St. San Francisco Astne Infitenes Co. 220 Montgos I. San Francisco Industrial Indemnity Eschungs 15 ans St. San Francisco Industrial Indemnity Co. 350 o ans St. Can Francisco Pacific Indemnity Co. 11 Mr. St. San Francisco berty Mutual Incurance Co. Employers Mutual Mr. Halber Kahn 216 Pino St. 2. Lieb Ins Co. of Wisconsin Enso St. 6. 7 Truvelers Insurance Co. 315 Martgodery Martgodery St. S. Fe Standard Accident Ins Co. 417 Montgomery St. 5. F. Pacific Early ins Co. 244 7ite St. CF Longwick Later Miran Arnold 100 Man St. EF Hanna Sluto C usbpreonpshuytio1n00 ibnuss uh runSets. FBuannd dBan4d 5019H 40olclainsta eb rl/_ . Dakland Orneral Accident fires fires Life 5an Francisco Francisco 8477 0. unf Hoburt B Pac Coi rp.f Pai cifc ic al Bldg . lk OF Z. llen & Filipe 315 Wintry Wintry St. EF a Kanget Cork Cor 7107 Tennelle Ave. Norta Barger N.X Hurry A. 2. Dutton Inc. 532 Natona Natona . . 2. 1. Futtin Co. 532 Natoma Ct EF Ductor a bestos & Supply Co. 532 Rut Rut 5 WBaey sBaytern estos Co. 675 Tourent St. OF 1747 Bay City arbustes Co. Luc 251 5th avo Oaklan CorCorkk Inslation Inslation Inslation Inslation Co. Inc. 0 5th Ava N.I. N.I. N.I. Western Fiber , 739 Bmint Ava N.I. St. F Oneral Insulation & Rubber Co. Bain C. El arasr.ns t^rk Co Jancaster Denn, Johns Runvill Cilns Cilns Corn > 68 40th last Helle Johns Manvil's Pittsburg Calif 12 last 5th D. C. C. wore Co. Pittsburg aston St. or Centro . R.Y. al_. J. Fa Thurya & DON Inc. 1351 Jean Avenue Entryville Cul17 te te Carbenter 057 Pant s EleraiDEO Cal 1150 1150 reg reg Co. o Geral accident Fire & Life ssur Corte cific Mutual B. . Me 3 1. BEFORE THE 2 INDUSTRIAL ACCIDENT COMMISSION OF THE CLAIM NO SF 169-171 STATESTATE OF CALIFORIFIA 3 4. BERGIT A. SWARICUT 5 Applicent 6 0780 ) ) 7 MUNDET CORK GORPORATION GORPORATION of al al AETNA INSURANCE COMPANY et } Defendanta . ) 2 ) re PETITION FORFOR DISMISSAL FOR LACK OFPROSECUTION PROSECUTION COMES NCW defendant Fusille Employers Insurance Company with this its Petition For Dismissal For Look of Prosecution in the above entitled natter and in this connection shows 21 22 2229 29 . oe 25 25 26 26 e ay 28 28 28 50 50 32 32 32 + That on June 10 1958 your Commission issued its Decision After Reconsideration awarding certain temporary disability disability indemnity benefits and death benefitbsenefits against the defondants Western Asbestos State Compensation Insurance the applicant heroin v Company Company and its insurance carrier Fund in favor of Bergit Swartout Swartout preseed That said decision was based on against the defendant Western applicant's applicant's election Asbestos Company and te its insware^varrier the State Compansation Insurmer FundFund under the provisions of Laber Ocie Section 5500.5 On December 26 1958 the Western Asbestos Company and State Compensation Insurance Fund filca a Petition F Ree Among apportionment Partics of Occupational Disease Award And Contribution Defendant A hearing on this Petition was set for March 16. 195 Oakland on Oakland Californie When the matter was called for hearing at the request of counsel for Wastern Asbestos and State Compensation Insurance Fund the matter was set for a full morning on August 3 2959 === A On July 15 1959 counsel for Western Asbestos 2 Company and State Compensation Insurance Fund requested a 3 cancellation of the hearing of August 3 1959 and that Order . taking the matter calendar be issued In response to 5 this request your Commission on July 21 1959 issued a 6 Notice of Cancellation of Hearing Order Taking Off- 7 8 9 10 11 12 13 Calendar Although defendants Western Asbestos Company and State Compensation Insurance Fund were requested on November 20 1959 to dismiss the Petition For Apportionment or have the matter set down for hearing nothing has been done to bring the matter to a final decision Your petitioner is prejudiced by this conduct in that 14 15 16 it is being unnecessarily obliged to carry reserves on the case in spite of the want of prosecution even though it feels that it has a meritorius defense to the claim 2 WHEREFORE it is respectfully requested that your 9 Commission issue its Order dismissing the Potition For Reapportion- 19 ment of Occupational Disease Award And Contribution Among Parties 20 Defendant with prejudice N - N I J % Respectfully submitted MULLEN & FELIPPI Attorneys for PACIFIC EMPLOYERS INSURANCE COMPANY 25 26 BY 10 50EN O'FRIEN a O'BJR . I O'BRIEN OE 'BRN IEN 27 28 29 323 Dated at San Francisco California this 5th day of April 1960 323 m2m ' PARTIES SERVED Borgit A. Swartout P.O. Box 8053 Broadway Station Sacramento Smith Parrish Paduck & Clancy Financial Center Bldg Oakland Pillsbury Madison & Sutro 225 Bush St. San Francisco Aetna Insurance Co. 220 Montgomery St. San Francisco 4 Industrial Indemnity Exchange 155 Sansome St. San Francisco Industrial Indemnity Co. 350 Sansome St. San Francisco 11. Pacific Indemnity Co. Sansome St. San Francisco Liberty Mutual Ins Co. Mr. Walter Kohn 216 Pine St. S.F. ' Employers Mutual Liab Ins . Co. of Wisconsin 114 Sansoms S.F Travelers Insurance Co. 315 Montgomery St. San Francisco 7 Standard Accident Ins Co. 417 Montgomery St. San Francisco Pacifio Employers Ins Co. , 244 Pine St. San Francisco 8 Sedgwick Detert Moran & Arnold 100 Bush St. San Francisoc 20 Hanna & Brophy 100 Bush St. St. SF & 1540 San Pablo Ave. Oakland State Compensation Insurance Fund 450 MoAllister St. S. F. General Accident Fire & Life Life Assur Corp. Pac Mutual Bldg SF Henry G. Hadsell Sanford Murman & Bldg Hobart Bishop 405 San Francisco Montgomery St. San Francisco Mundet Cork Corp. 7107 Tonnelle Ave. North Bergen N. Y. Harry A. Dutton Inc. 532 Natoma St. San Francisco S. R. Dutton Co. 532 Natoma St. San Francisco 13 Dutton Asbestos & Supply Co. Co. 532 Natoma St. San Francisco Western Asbestos Co. 615 Townsend St. San Francisco Bay City Asbes tos Co. Ltd. Ltd. 251 5th Ave. Oakland , Cork Insulation Co. Inc. 730 5th Ave. N. Y. 15 Western General Fiber Glass Co. 739739 Bryant St. San Insulation & Rubber Rubber Corp. 1247 Main Francisco St. El Centro 6 Armstrong Cork Co. Lancaster Lancaster Penn Johns Manville Sales Corp. , 22 East 40th St. N. Y. Johns Manville Pittsburg Calif 22 East 40th St. N. Y. 17 C. C. Noare & Co. 450 Mission Mission St. San Francisco 18 J. T. Thorpe & Son Inc. 1351 Ocean Ave. Emeryville Calif M. R. Carpenter 907 Front St. Sacramento Calif 19 Phillip Care Mfg Co. / Corp. Pacifio General Accident Fire & Life Mutual Bldg San Frand sco Assurance 20 NEW YORK CLARKSBURG TULSA CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEXANDER & ALEXANDER INCORPORATED INSURANCE INSURANCE AVERAGE ADJUSTERS 2225 NORTH CHARLES CONSULTING ACTUARIES STREET BALTIMORE 18 MD AUG AUG WH AUG 21 1959 WH August 20th 1959 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt B 7814289 re J. E. Swartout A January 6 1955 We are advised by the Oakland California Office of the Travelers Insurance Company that this case is still pending before the Industrial Accident Commission They state that they hope to be successful in their defense of the case but as in all these asbestosis cases they never are sure of that Consequently they are carrying reserves of 2,000 fatal 80 funeral expense and 250.00 other expense The Travelers further state that the litigation appears to be nearing to have a favorable award within its the end and that next several they trust months The above is for your information and file Sincerely ALEXANDER INC ALEXANDER GENERAL ADJUSTER & | TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE _ - 1 . were ee INTER OFFICE COMMUNICATION To J. S. Taylor San Francisco From J. E. Zeller Lancaster Subject Disability and Death Claim John E. Swartout Sort oatear bd Armstrong Armstrong Armstrong CONTRACTING AND SUPPLY August 6 1959 AIR MAIL As requested in your July 30 memo we have turned over all papers attached thereto concerning the death claim for John B. Swartout to R. C. Schiedt of the parent company's Insurance Department Bear in mind that the only information which they can furnish from Lancaster is the dates of employment contract numbers on which the employee worked and earnings Any other information including a wit- ness required by Hanna and Brophy will have to be supplied by your office wit- R. C. Schiedt Insurance Department Armstrong Cork Company Lancaster Pa v NOTE TO R. C. SCHIEDT We attach Taylor's memo of July 30 and the attachments thereto for your refer- ~ ' 2 a FORM 33377 12-57 INTER OFFICE COMMUNICATION To From Subject J. E. Zeller Lancaster J. S. Taylor San Francisco Disability and Death Claim John E. Swartout Armstrong Cork Company _mstrong am enclosing correspondence from Hanna & 1959 my reply of April 3 1959 and Brophy dated March 24 for a witness dated June 23 1959 request from Hanna & Brophy I have informed Mr. Schwab of Hanna & should be handled by his office direct Brophy that this matter direct with the Armstrong Cork me this morning that the case has District Office He did tell the August 3rd date is concerned Will you please turn these in the Armstrong Armstrong Cork papers Company for DJM over to further the proper follow up individual LIKE ** FORM 33377 12-87 WARREN L. HANNA DONALD R. BROPHY WALTER JAKOBSEN IVAN A. SCHWAB ROBERT N. MAC LEAN JOHN A. MAC DONALD EDWARD P. MC ALEER HERBERT C. JENSEN EDWARD W KORAB J. M. MC ELRATH THOMAS B. RICHARDSON DONALD V. MITCHELL GEORGE W. BONNEY LAW OFFICES OF HANNA & BROPHY 1840 SAN Pablo AVENUE OAKLAND 12. CALIFORNIA TEMPLEBAR 2-5569 June 23 1959 SAN FRANCISCO OFFICE 100 BUSH STREET San FrancISCO 4 FRESNO OFFICE SECURITY BANK BLOG FRESNO 21 CALIF SACRAMENTO OFFICE 926 J STREET SACRAMENTO 14 CALIF SAN JOSE OFFICE 2000 HEDDING STREET SAN JOSE 28. CALIF Armstrong Contracting & Supply Corp. 304 Shaw Road South San Francisco California Attention John S. Taylor District Manager Gentlemen Re Bergit A. Swartout widow of John E. Swartout vs. Mundet Cork Corp. et al I.A.C. No. 169-171 This will confirm my telephone conversation with you in which I advised that we would like to have a witness present at the further hearing that has been set in this case to testify with regard to the type of materials used on your jobs where the decedent was employed as set forth in your letter of April 3 1959. The hearing is set for all morning beginning at 9:00 A. M. on August 3 1959 at 510 Thayer Building 577 - 14th Street Oakland I would like to have the witness present about 10:00 A. M. as I would like to see how the hearing is going before putting our witness on I would appreciate definite advice from possible as to whether you will be the witness or other individual will be present you as soon as whether some Very truly IAS c.c. Travelers Ins Co. Joon c.c. Oakland 7814289 Standard Accident Ins Co. 840 West San Bruno Ave. San Bruno Calif 96 C 728796 yours A Sw A R a, Armstrong CORPORATIon Bubsidiary of Armstrong Cork Company eee te SHAW SHAW REAS get SOUTH BAN FRANCISCO CALIFORNIA ee April 3 1959 Mr. Ivan A. Schwab Hanna & Brophy 1540 San Pablo Avenue Oakland 12 California Subject Bergit A. Swartout Widow of John E. Swartout vs. Mundet Cork Corp. et al Dear Mr. Schwab Please refer to subject subject your letter dated March 24 1959 on the abow There is no affirmative evidence that can be produced at this time to establish that there was or any part of the employment of no exposure Mr. John E. to asbestos during Swartout by the Armstrong Cork Company Our contract records on the jobs in question have been destroyed in keeping with our normal retention schedule schedule . On each of the jobs referred in your letter with the of No. 1 Carnation Company Stockton a Magnesia product contained 15 or less Asbestos long fibers was used On exception which the Carnation milk job cork covering containing no asbestos fiber was used The additional fact that on the Pacific Gas & Electric Company job the Alaska work and the Bethlehem Pacific Shipyard work a goodly portion of the materials used contained no asbestos = fiber Such materials were also employed as cork covering . and mineral wool products products With respect to his employment in Alaska no written contract was involved in the hiring He was hired the International Association of Heat through Local No. 97 of and Frost Insulators Asbestos Workers of Anchorage Alaska on an open call for men The type of work involved applying insulation on a government government housing project at Fort Richardson near Anchorage Alaska Materials installed consisted of Fiberglas and covering for the Heating and Plumbing systems Wool Felt pipe A small quantity + in oa - Mr. Ivan A. Schwab 2 April 3 1959 of 85 Magnesia block was used for the hot water storage tank We hope the let us know above information will be of service to you Please if there is any further assistance we can give Very truly yours ARMSTRONG CONTRACTING & SUPPLY CORP \ John S. Taylor District Manager - DJM CC Travelers Insurance Company Oakland Francisco Standard Accident Insurance Company San Francisco R. C. Schmidt Jr. Insurance Dept. Armstrong Cork Co. Lancaster wee wet . o eo oe had + ... -. . ny wean . - 7 : o WARREN L. HANNA DONALD R. BROPHY WALTER JAKOBSEN IVAN A. SCHWAB ROBERT H. SCHIECK ROBERT N. MAC LEAN JOHN A. MAC DONALD EDWARD P. MC ALEER HERBERT C JENSEN EDWARD W. KORAB a J. M. MC ELRATH THOMAS B. RICHARDSON LAW OFFICES OF HANNA & BROPHY 1540 SAN PABLO AVENUE OAKLAND 12 CALIFORNIA TEMPLESAR 2-5569 March 24 1959 . Armstrong Cork Company 304 Shaw Road South San Francisco Calif Attention Mr. J. S. Taylor . : SAN FRANCISCO OFFICE 100 BUSH STREET SAN FRANCISCO 4 CALIFORNIA FRESNO OFFICE SECURITY BANK BLDG FRESNO 21 CALIFORNIA SACRAMENTO OFFICE 924 J STREET SACRAMENTO 14 CALIFORNIA San Jose OFFICE 586 No. FIRST STREET CALIFORNIA CALIFORNIA ~ Gentlemen Re Bergit A. Swartout Widow of John E. Swartout vs. Mundet Cork Corp. et al I.A.C. No. 169-171 In the above entitled matter we appear both for Standard Accident Insurance at different times Company and Travelers Insurance Company who were your insurance carrier Proceedings were brought against State Compensation Insurance Fund as insurance carrier for Western Asbestos Company The Industrial Accident Com- mission held that John E. Swartout contracted asbestosis which caused disability and death and made an award against the State Fund It now seeks to apportion the total liability by establishing that there was also exposure to asbestos while the decedent was work- ing for other employers We are evidence that interested in knowing whether there can be produced that will establish is affirmative that there was no exposure to asbestos during all or any part of the employment for Armstrong Cork Company employments in which we are interested are as follows . 1. In March and May 1949. Carnation Company Stockton Apparently this was at : the 2. In June 1951. This apparently was at the Contra Steam Plant of Pacific Gas & Electric Company 3. June 1951 through September 1951. This was in With respect to this employment we want to know whether it Costa Alaska Alaska was under a written or an oral contract and whether the contract of employment was made in the State of California or in Alaska as well as information as to the type of work done Page Re; two two Page Re Page 3/24/59 3/24/59 16: 1955. This 27> 1954, to jenuery 4n San shipyards . 4 FrF om roDecem mber December January was work work - San was Shipyards in Francisco of a Pacific copy the mentions find a The letter The Enclosed Enclosed find copy from the Schiedt Enclosed please September dated September 1956 letter your letter the Schiedt magnesia mentioned of magnesia different different cork mentions use case against case of Western testimony testimony AsbKesetloslyCobm usip nesa s neystablishedrepersetsaebnltiasthievde to hf routhg rouhgh testimony Wayne testified Union 16 of 16 Asbestos Company used Asbestos magnesium magnesium and asbestos & was product magnesium used whether you whether there advise please whether you used know magnesia product also Will asbestos contained advise also you usw edhme agnet siaher there of which which orders other asbestobussiness records of sort through are it workestablished businestshat cork and other any asbestos types which 4% insulation insulation now used used each jobs on which workecd ontrolinsualan tiodn name name thethepeperrssononwho those those ccoonnttrrooll control could testify truly hearing Very Enc c.c. c.c. CeCe 7814289 7814289 Oakland Co. Standard C 728796 S.F. ( 96 728796 s.F. Co. van Schwal Schwal Bethlehem Pacif corkboard Incidentally cork commission commission com is ion commission cork tract Elm employ San BwirtuhnoSwi who worked Street Manager Swi San San with Fran our San Fran details regarding SR regarding sea e RCS APR APR CORPORATION Subsidiary of Armstrong Cork Company 61959 61959 61959 4s ce : _ SOUTH SAN FRANCISCO April 3 1959 204 SHAW ROAD CALIFORNIA . Mr. Ivan A. Schwab Hanna & Brophy 1540 San Pablo Avonus . Oakland 12 California Subject Bergit A. Swartout Swartout Widow of John E. Swartout vs. Mundst Cork Corp ot al I.A.C. No. 169-171 1-10-55 Dear Mr. Sohwabs P subljecet ass ubejecr t efer to your letter dated March 24 1959 on the above There is no affirm videme that time to establish that there can be produced at this or any part of Armstrong Cork was the employment of Company Our no exposure Mr. John E. to asbestos Swartout by during the question have been contract records on the jobs in destroyed in keeping with our normal retention to On each of the jobs referred in of No. 1 Carmation Carmation Company your letter Stockton with the exception contained 15 or less Asbestos a Magnesia product which Carnation milk long fibers was used On the was used The job cork covering containing no asbestos additional fact that on the Pacific Gas fiber & Electric work a goodly portion of the fiber Such materials as cork materials used contained no asbestos covering and mineral wool products With respect to his employment involved in the hiring He in Alaska no written contract was the was International Association hired through Local No. of Asbestos Workers of of Heat and Frost Insulators and The type of work Anchorage Alaska on an open call for involved applying insulation on men housing project at Fort Richardson near a government government Materials installed consisted of Anchorage Alaska covering for the Heating Heating and Fiberglas and Wool Felt Flumbing systems A small pipe quantity - . . - GE cement eee ~ - _.. - Mr. Ivan A. Schwab 2 April 3 1959 of 85 Magnesia block was used for the hot water storage tank We hope the let us know above information will be of service to you Please if there is any further assistance we can give Very truly yours ARMSTRONG Am CONTRACTING & SUPPLY CORP John S. Taylor - District Manager | - DJM CC Travelers Insurance Company Oakland Standard Accident Insurance Company San misco R. C. Schmidt Jr. Insurance Dept. Armstrong Cork Co. Lancaster Lancaster November 12 1958 Mr. Howard P. Wittal enameler Adjustment Service Inc. 1-10-53- Lancaster Pan Dear Mr. Wittels 1-10-53- 1-10-53- 1-10-53- 1-10-53- 1-10-53- 1-10-53- Subjects John E. Swartout Deceased vs. Armstrong Cork Company Fil 158 In your letter of November 10 you requested mployment information on the named individual on behalf of Employers Mutual Liability Insurmos Company We have no objection to releasing this information to Employers Mutual but we do wish to add that Mr. Bwartout was never employed at our Bouth Gate California amufacturing plant where Employers Mutual was carrying the workmen's compensation insurance Here is the information you requested Veck Ending Date 3/6/49 3/13/49 3/20/49 35//287//449 9 5/22/19 5/22/19 5/22/19 63A 6/10/51 6/17/21 6/24/51 7/2/51 7/8/52 7/15/51 7/22/51 7/29/51 8/5/21 8/12/51 1/19/51 8/26/52 9/2/52 9/9/52 No. of __Days www.unh www.unh www.unh www.unh www.unh www.unh www.unh NANON46 6o n6 6 NANON466on66 NANON466on66 NANON466on66 NANON466on66 NANON46 6o n6 6 NANON46 6o n6 6 NANON466on66 NANON46 6o n6 6 NANON466on66 NANON466on66 NANON466on66 NANON46 6o n6 6 NANON46 6o n6 6 NANON46 6o n6 6 Hours * 9999 9999 9999 9999 ** ** 92997999998999 929 79 9 989 9 92997999998999 92997999998999 92997999998999 23 92997999998999 12 92997999998999 1 92997999998999 14 92997999998999 1k 92997999998999 4 92997999998999 14 92997999998999 12 92997999998999 92997999998999 92997999998999 ; Waxes 17.28 34.56 34.56 86.40 6.40 86.40 51.84 51.84 41.36 103.40 41.36 215.25 139.25 229.25 295.75 295.75 295.75 295.75 295.75 243.25 295.75 295.75 295.75 State Stockton s e " Calif " * * . " Antioch * fi Calif . Meaka bd a * a " . " " s * . Week Ending Date 6/13/54 6/20/54 6/27/54 7/4/54 7/4/54 7/4/54 1/2/55 2/9/55 2/26/55 No. of Deva fin fin int int 774 774 774 ; Hours * 99 99 * 16 40 24 b November 12 1958 Mares 113.60 152.00 152.00 108.40 226.80 277.20 12.60 State Washington San Francisco Calif r s a Additional Overtime Hours A complete review of our records reveals that the above data covers the entire employment of Mr. Swartout with Armstrong Cork Company Very truly yours ARMSTRONG CORK COMPANY JEZ Wallace B. Hofferth Assistant General Manager Insurance Department #OME OFFICE Philadelphia 6 Pa BRANCH OFFICES Chambersburg Pa Erie Pa Harrisburg Pa Lancaster Pa Oil City Pa Pittsburgh 22 Pa Warren Pa York Pa TOENSMEIER : TOENSMEIER Adjustment Adjustment ServiceService IncI.nc. INSURfAor NtCheE ADJUSTERS Companies 39 NORTH DUKE STREET F. THEOBALD RESIDENT MANAGER LANCASTER PENNA PHONE NIGHT EXPRESS EXPRESS 4-3728 4-4206 ay it BRANCH OFFICES Easton Md Hagerstown Md Newark 2 N. J. Trenton N. J. * New York 38 Y. * Wilmington Del November 10 1958 NOV 11 1958 W14 Armstrong Cork Co. Liberty & Charlotte Sts . Lancaster Pa , - Attention Mr. Hofferth Re John E. Swartout deceased v Armstrong Cork Co. Our File 2853 Dear Mr. Hofferth You will remember that I discussed this case with you personally in . your office several weeks ago I am now advised by the company that ~ the only thing that will safeguard their position in this case is a * letter from you setting forth all the dates of Mr. Swartout's ment with your of employment earnings and a employgood Company the places employment occupational duties brief statement the effect this data of theemployment of this claimant after a complete review covers of your all personnel records I am sorry to burden you with this Mutual Liability Insurance Company additional request but states this is to be the Employers presented to the proper authorities for final disposition of the matter Thank you very much for your cooperation HPW Very truly yours Toensmeier Adjustment Service Howardp~ m wme Howard P. Adjuster a, 2 2 Wittely Wittely Wittely , : 1 4 ( . Inc. : = f talke witdh Charlas Skomake Thom Thom April find , 1958. his regarding He admitted was not bur from 1950 & January 24 1951 6-19.58 6-19.58 6-19.58 f 64 e 4-7-58 from his citoforie off EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY PCS PCS OF WISCONSIN EMPLOYERS MUTUAL FIRE INSURANCE COMPANY HOME OFFICE WAUSAU WISCONSIN Armstrong Cork Company Liberty and Scarlet Streets Lancaster Pennsylvania Attention Mr. R. C. Insurance Schiedt Jr. Department wat Address Reply To EMPLOYERS MUTUALS OF WAUSAU 300 MOUNT LEBANON BOULEVARD PITTSBURGH 34 PENN LOCUBT 3-2224 April 3 1958 John E. Swartout v Armstrong Cork Company Claim A42-35421 Gentlemen Persuant to my telephone conversation with Miss Sukits in your . Pittsburgh office I am writing to you directly The matter that I am writing to you about concerns certain infor- mation that I need about a former employee whose name is John E. Swartout His social security number is 472-10-9876 It is my understanding that this man was not employed at your South Gate Plant in California nevertheless I will still need certain information \ to properly defend and action by the widow of John E. Swartout This former employee has been given an award in the sum of 7,000 which is a death benefit He has also received a sum of 2,550 for ~ temporary disability due to an occupational This award of course includes a 400 burial disease expense of asbestosis sum This award was granted by Referee Purvis of the California Commission I am now interested in obtaining the following information 1 The exact dates of employment 2 Location of the plant or plants during the course of employment and 3 The type of occupation he persued I would appreciate this information to embrance the period from November 28 1950 until January 24 1951 I will need this information even though this employee was not employed at a plant which we insure It is my understanding that we only insured your South Gate Plant Will you please send me this information at your earliest convenience Thanking you for your cooperation I remain CSkomski P dm - Yours very truly Warles Warles Shomah . - Claim Department Em RMT \ a a 01 01 April 2 1958 Mr. Charles Scomski Employers Mutual of Wansan 300 Mt. Lebanon Boulevard Pittsburgh 34 Pa Dear Mr. Boonskis Subjects John E. Swartout 472-10-9876 11/10/55 1 /10/5 11/10/55 1 /10/511/10/55 ^ letter from our district office in Pittsburgh states you requested certain information concerning Mr. Swartout and left our employee who was taking your phone call under the impression that Swartout's employment was covered by an Employers Mutual workmen's compensation policy Prior to covering however 1952 Armstrong Cork Company did have a policy with Employers Mutual our manufacturing operations in South Gate was not employed at our South Gate Plant California Mr. Swartout Very truly yours AFMSTRONG CORK COMPANI JEZ R. Schiedt Jr. . Insurance Department > ; Miss R. M. Sukits AC Pittsburgh RCS Armstrong CONTRACTING AND SUPPLY CORPORATION Subsidiary of Armstrong Cork Company POST OFFICE BOX *** 24TH STREET AND ALLEGHENY RIVER PITTSBURGH 30. PENNSYLVANIA APR APR 1958 WLH March 31 1958 William L. Hughes Insurance Department Armstrong Cork Company Lancaster Pennsylvania adstraci adstraci Mr. Hughes Subject John E. Swartout 472-10-9876 died 1-10-556ut Last Friday March 28 1958 I received a phone call from a Mr. Charles Scomski of Employers Mutual of Wausau Mr. Scomski told me that his company insured Armstrong Cork He asked me if I could possibly obtain for him information concerning the subject employee 5.30-56 1-10-5 6ut 1-10-556ut i 5.30-56 akan Mr. Swartout is from the state of California He worked for us from November 28 1950 to termination was illness January 24 1951. The following is a The reason for his list of the information requested 1. 2 3 4. Exact dates of employment Location of Work Type of occupation Where he worked from Nov. 28 1950 to Jan. 24 1951 As this information is not available at this office I would appreciate any help you can give me regarding this problem If would wish to forward information directly to Mr. Scomski his address is - Mr. Charles Scomski Employers Mutual of Wausau 300 Mt. Lebanon Blvd Pittsburgh 34 Penna Phone LO 3-2224 you Very truly yours ARMSTRONG CONTRACTING & SUPPLY CORP RS "ae ... * BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI . ' ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS 2225 CHARLES CONSULTING ACTUARIES STREET BALTIMORE 18 MD July 29th 1957 [o> aioe, ee ett TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. R. C. Schiedt Jr. - Insurance Department 4 Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt File B 7814289 John E. Swartout A Workmen's Compensation Calif - 1/10/55 Supplementing our letter to you of July 3rd in the above case we are advised by the Travelers that they are carrying 2,000 fatal estimate 80.00 funeral expense and 250 loss expense reserves suggested by their attorneys after hearing the evidence on this case While it is true the widow has elected to pursue the last carrier on the risk this does not preclude other carriers in a subse- the last carrier from joining all quent action to seek contribution from them and this is the the reserves mentioned reason the Travelers are carrying above we remain Trusting this information will bring you Sincerely date ALEXANDER & ALEXANDER ALEXANDER INC -- -- ------, BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI ~ ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS 2225 NORTH CHARLES CONSULTING ACTUARIES STREET BALTIMORE 18 MD July 3rd 1957 TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania acs . . Dear Mr. Schiedt Workmen's Compensation Claim John E.Swartout - 1/10/55 Claim B 7814289 - California California We have today received a reply to our various inquiries regarding the above claim The Travelers state that there has been nothing died new since December 6th the final decision not having been handed down as yet At the hearing before the last one it developed that the applicant as he had the right to do elected to pursue his remedy exclusively with the State Compensation Insurance Fund and the Liberty Mutual Insurance Company of reserve they Just as soon as you The company has not are carrying and we it is available we furnished us with the amount are writingfor this information will again communicate with Sincerely ALEXANDER & ALEXANDER INC 5-30-5 5-30-5 5-30-5 5-30-5 LOSSDEPARTMENT ka June 28 1957 Mr. Christopher Hoff Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Md Dear Christ Christ { Subjects Workmen's Compensation Claim John E. Swartout - 1/10/55 Clain 7814289 - California May 28 we wrote you regarding the above subject Is Travelers carrying a reserve or has the claim been closed without payment Very truly yours R. C. Schiedt Jr. Insurance Department May 28 1957 Mr. Christopher Hoff Alexander & Alexander Inc. 2225 North Charles Streat Baltimore 18 Md Dear Chriss Subjects Workmen's Compensation John E. > Swartout Chain 7814289 - Claim California was held hearing on the above case December 6 1956 with more than a dosen employers named as defendants in this death claim involving possible asbestosis Will you give us the present Or reserves established status of this claim and show mounta paid Very truly yours oF R. G. Schiedt Jr. Insurance Department 55 March 28 1957 Mr. G. E. Finlay Alexander & Alexander Ins 2225 North Charles Street Baltimore 18 Md Dear Mr. Finlay Subjects Workmen's Compensation Claim John E. Swartout - 1/10/55 Clain 7814289 California We are wondering if you heard the results of the hearing held Decmber 6 1956 on the above claim Very truly yours ARMSTRONG CORK COMPANY JEZ R. C. Bchiedt Jr. Insurance Department ro ACCIDENT INSURANCE ACCIDENT INSURANCE INSURANCE STANDARD COMPANY STANDARD . COMPANY STANDARD : COMPANY RETROIS = 165 V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 7320472 7320472 November 14 1956 Mr. R. C. Schiedt Jr. . 7 Insurance Department : Armstrong Cork Company Lancaster Pennsylvania Dear Dick Re 96 728 796 Armstrong Cork Company John E. SwartoutCompany 1/10/55 Thank you for your letter of November 13th advising that hearing in the captioned case has been changed from Room 206 1531 Webster Street to Room 510 577-14th Street 11/15/12 11/15/12 WBH Standard We have Accident notified the Claims in San Francisco Office of the Very truly yours LP SHRIVER AGENCY Xave D. B. Edgar map November 13 1956 Mr. James E. Fennon Alexander & Alexander Inc. 2225 North Charles Straat Baltimore 18 Maryland Dear Jins Subject Clain 55 SF 169-171 - Bergit A. Swartout We received notice from the that the hearing to be held changed from Room 206 1531 California Industrial Accident Commission Commission in Oakland December 6 1956 has been Webster Street to Room 510 577 - 14th Very truly yours . R. C. Schiedt Jr. Insurance Department November 13 1956 Mr. D. B. Edgar V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Dear Dave Subjects Claim 55 BF 169 171 Bergit A. Swartout We received notice from the that the hearing to be held changed from Room 206 1531 Street California Industrial Accident Commission in Oakland December 6 1956 has been Webster Street to Room 510 577 14th Very truly yours R. C. Schiedt Jr. Insurance Department _ ACCIDENT INSURANCE STANDARD ACCIDENT INSURANCE STANDARD COMPANY STANDARD : COMPANY COMPANY BETROLY ; V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 November 5 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick NOV 6 1956 WITH Re 96-0 728 796 Armstrong Cork Company John E. Swartout 1/10/55 1/10/55 Thank you for your 6 advising that hearing be held on December in the , 1956 letter of captioned November 2 case will Office We have notified the San Francisco of the Standard Accident Claims Very truly yours V. L. P. SHRIVER AGENCY map November 2 1956 Mr. James E. Fannon Alexander & Alexander Ins 2225 North Charles Street Baltimore 18 Maryland Dear Jimi . . . Subject Claim 55 87 169 171 We received notice from the California Industrial Accident Commission that a hearing will be held in Oakland California December 6 1956 in connection with the claim of Borgit A. Swartout widow of John E. Swartout Very truly yours R. C. Schiedt Jr. Insurance Department 2-15-57 2-15-57 2-15-57 T T November 2 1956 Mr. D. B. Edgar V. L. P. Shriver Agen 1801 Union Bank Building Pittsburgh 22 Pa Dear Daves Subjects Claim 55 SJ 169 171 \We received notice from the California Industrial Accident Commission that a hearing will be held in Oakland California December 6 1956 widow of John E. in connection with the claim of Bergit A. Bvartout Very truly yours 830 Insurance Department V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA September 19 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt Ye rv) ante . were W W Re Y 96C 728 796 Armstrong Cork Co. John E. Swartout A- A- 1/10/85 1/10/85 Thank you very much for your letter of September 18th with enclosures the San We have Francisco referred the entire matter to Claims Office of the Standard Accident Insurance Company Very truly yours V. Danc P. Danc Danc SHRIVER Danc D. B. Edgar AGENCY map RE Mr. D. B. Edgar V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa ( SeptemberSeptember 16, 11995656 Dear Dave :, John Subject Subject R. Swartout * Workmen's Compensation Clain Ret 96-0 728 796 As requested in your letter of September 10 we enclose two letters signed by the individual in charge of our payroll records The first letter covers the 1949 and 1951 when Standard Accident Insurance Company was Armstrong's - years second letter covers the years 1954 and 1955 when ^ nsurancecarrier and the Armstrong was insured with Travelers Mr. Swartout worked for Armstrong during 1c9o4r9k actovtehreinCgaw re narteiuos neCdoomnptmhyis Stockton California Both magnesia and he worked at the Contra Costa Steam Plant at Antioch job In 1951 the Pacific Gas and Electric Company of California which was operated by California Magnesia pipe covering was used principally on . SanthisFrj aonbcisco Mr. Swartout's employment in 1954 and 1955 occurred at the Bethlehem Shipyards 20th and Illinois Streets San Francisco California which were operated by the Bethlehma Pacific Coast Steel Corporation Sm Francisco California and block insulation corkboard and cork pipe insulation were Magnesia pipe Incidentally this contract covered five hulls which had used on this job commissioned and the work therefore according to our interpreta- nteivoenr bweoeunld not come under the jurisdiction of the Longshoremen's and Harbor Workers Compensation Act Apparently Judson Fleming 176 Elm Street San Bruno California is the only worked with Swartout In addition Mr. J. 6 one still in our employ who Taylor Manager of our 5mm Francisco Office could supply any additional details regarding working conditions etc. Since the law firm of Leonard Hanna & both Standard and Travelers we assume our letterhead would suffice on Brophy is handling the defense for the two enclosed wage statements Sincerely yours BSD Enclosures Insurance Department P. 5. = We are returning all of Mr. Platt's correspondence Alexander & Alexander Inc. September 18 1956 Mr. J. E. Fannon Alexander & Alexander Ino 2225 North Charles Street Baltimore 18 Maryland Dear Jins Subject John E. Swartout Travelers Claim 7814289 We believe the enclosed correspondence is explanatory you have any questions let us know Sincerely yours However if Enclosures R. C. Schiedt Jr. Insurance Department September 18 1956 Standard Accident Insurance 417 Montgomery Street Ban Francisco 4 California Co. Gentlemen Our payroll records disclose the following employment of John E. Swartout in California by Armstrong Cork Company | Hoek Feb. 28 to March 6 1949 March 7 to 13 1949 March 14 to 20 1949 March 21 to 27 1949 May 2 to 8 1949 May 9 to 15 1949 May 16 to 22 1949 May 28 to June 3 1951 June 4 to 10 1951 oy TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI TI V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa G. H. Halm Payroll Supervisor September 18 1956 Travalers Insurance Company 315 Montgomery Street San Francisco 4 California Gentlemen Our payroll records disclose the following employment of John E. Svartout in California by Armstrong Cork Company Week NH o.oou f rs ST OT Wages Jan. 3 to 9 1955 40 24 277.20 : Very truly yours - ARMSTRONG CORK COMPANY 880 Q. R. Halm Payroll Supervisor Far ats an Jahre 1950 Pitk^/ligh 14.1-3gt 14.1-3gt 55+ alasha 1954 Richland Surgued Surgued 121 charge charge Establon vibroderad vibroderadvibroderad En ---- recorde recorde -- in 194 194 logement 1 195 195 ---- ---- ---- -------- ---- ---- -- aconndityore miturise mauer mauer & address availableavailable to now negando negando rifingrifing any 4155 conditorecoconnditdoreitore chret exferansee xferanse your wilewiledone in af Wale woord woord Wale Wale Wale . 900 25000 25000250 0 Revived k 216000 Cory . Gey. bcs . 25000 7 Steel ~ 170059 ships Pacific Pacific Cord Bukleturn RikkW elWeeCovering requested Covering 1 contrad requested Light Light hat I deiro Dim hose sent conseces conseces Inkboard 40207 40207 Cammatem Cammatem & Cora Cora Corering Corering Corering evir ee bee 46445 X Pacific Pacific Has & Electric Co Ling life Hair Felt . Coming [aw 516-03-7247 4620 Jack bo, 516-03-7247 Francis 557-03-4183 4620 57-03-4183 oF ~S 3 Francis tT 46/20 509 ploy Alf a fe eae Vaal Colombpt ia rly resto Colombia pepe: PH $4 aniy ope PY |e hePsap Lt AC Eb 4620 Ledworkd Cart 46445 46445 -< 46445 CalifCart 4 2-01-1 18 Richmond 42-01-118 434 4 2-01-1 18 St WIL| fo StAve. AveS. an ay/e| bitss-e copys o4tese San S f sam rep 46445X1 -6-17-51 worked He 46445X1 H 568-28-7686 regen f; Ave. c a i x hd ~~ a NY? ail ae Lad ~ ie ad Hyer) oy {8 NS od A mee 270059 y 270059 Loehyh 270059 10/059wory br a 4 -U-C crore | ), Boga) OC) fr pk ober \yh-8-S Bru San Bru eL elh Lecter IXI\SF6K Gly iad Calif hab LX\GhAV LS ofoLe dgalede 5 oj0Le 1-LI-47 bb- \G- bh-S1-S tt-g Ig-;e-" 1-9 55-4 GS 52 e-{ bl COMPANY COMPANY fi COMPANY V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 September 10 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Penna SEP SEP 1 1 1 Dear Dick Re 96 728 796 Armstrong Cork Co. John E. Swartout We are enclosing copy of letter dated September 5 1956 which we received from the Standard Accident Insurance Company's San Francisco California Claims office gether with the correspondence mentioned therein to- You will note that our Attorneys need a wage statement on a letterhead of the Armstrong Cork Company signed by the individual in charge of the payroll records from which the data is taken Also that this wage statement should cover only the California employment in 1949 and the nine days worked in California in 1951. The Alaska employment . should not be included It would be appreciated if you could furnish the information as set forth in the postscript of the Standard Accident Insurance Company's letter dated September 5 1956 With your reply would you kindly return the enclosed correspondence and thanking you we are > ry Very truly yours V. L. P. SHRIVER AGENCY encls D. B. Edgar i . ; ---- ---- cor Art- ARMIRANc Cork Co i ARMIRANc I . STANDARD ACCIDENT INSURANCE COMPANY 0 97 San ; Francisco Branch Office 417 Montgomery St. San Francisco 4 California Phone Exbrook 2-8036 September 5 1956 V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pennsylvania Re 96-0 728 796 Armstrong Cork Co. John E. Swartout Gentlemen : August We duly 14 1956 refeived and thank you for your letter of We now inclose herewith the original of our attorney's letter August to us of September 4 1956 our letter to them of 23 1956 the original of the wage statement in question and a copy of their report of the hearing Will you please note specifically from our attorney's letter of September 4 1956 that they need a wage statement on the letterhead of Armstrong Cork Co. and that it must be signed by the individuel in charge of the payroll records from which the data is taken and they also wish the report to cover only the California employment in 1949 and the nine days worked in California in 1951 and should not include any part of the Alaska employment We would greatly appreciate it if you this requested information from our assured and us and at the same time return to us the papers letter would obtain forward it to attached to this Very truly yours sgd L. W. Platt Manager Claim Department P.S.:- Will you please call to the assured's attention Page 3 of our attorney's Hearing Report and near the bottom of the page where they refer to Standard Accident Insurance Co. and ask that they find out the names and addresses of any Page 2 witnesses that are now available who could testify with regard to working conditions Note that the information should cover all factors as to dust exposure on that job such as whether whether the work was done in the open or in confined areas the materials used were asbestos glass cork or other materials whether masks were worn and everything of the exposure else that to dust bears upon the extent and the severity assured to give us all possible in- Would you please urge formation in that regard We also note from the wage assured nine days in statement California that Mr. Swartout worked 1951 in the month for the of June Can the assured please tell that time and the during us on what job he worked in California at same information re working conditions sgd L. W. Platt ~ T x aye weaPkroximate Cause * Dependency California Southgate Armstrong Accident Company to all solely Company solely solely Company Company Company Opa mae o. ae af! s es Ay 2 esath J Satna a pad eahe s A2 i5 2 Hes edad ay 7 : 5 ann : ; To M: . ie : Longshoremen's Longshoremen's We oe rena have this 7 Rees a =" val with to your fact record OTH her Longshoremen's Longshoremen's and learned learned betaltwo Deputy Deputy advantage advantage and a from edged Commissioner to because 1956 1956 award award against Harbor experience edged sword Commissioner Compensation However However defense earnings applicant in appears earnings Fund Compensation Act cases that lodged lodged 4% = S3 ESE i case case a 3 ets The The report of receive feel quit^' b receive its quit^' Deputy Commis ON * ASAP 5 i i mm tar and worked then came came to worked for Western lived together Company 1954 about he eS: oF ogee ey pre of nd 1947 1947 cr CRN a ogteas * ae P.pend 2 oh $ ce if hasobwjoeucltdion he make aany and reason dislike' be present talking starts Smk September 5 1956 Mr. J. E Farnon Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Maryland Dear Jint ' 4490459 Subjects Workmen's Compensation Insurance * - Subjects Travelers Policy Policy Year 1/2/55 to 1/1/56 7804289 Claim No. P - 1/10/55 1/10/55 Claimants John E. Svartout of Accident State of Calif Location in 1949 and 1951 however during Mr. Swartout worked for Armstrong Cork Company Accident Insurance Company We enclose we were insured with Standard these years data submitted to Standard sometime ago a copy of the wage Mr. Swartout was in our employ during short In addition to the above employment time Travelers handled our Workmen's periods in 1954 and 1955 during which indicate Mr. Swartout quit on January 10 Our records Compensation coverage - record follows 1955. His detailed employment Week Ending Data No. of Dave Worked Hours Worked 8.T. 0.T Vages Location 6/23/54 6/20/54 2998 6/27 7/4/54 7/4/54 7/4/54 12/2/55 99 > 2/9/55 4554 2998 =~ 111532..6000 WWaasshhiinnggttoonn 2998 4554 @ 152.00 Washington 4554 2998 ~ 108.40 Washington 4554 16 226,80 California 774 774 99 > 24 277.20 California 774 99 > 12.60 California 1/26/55 there was reduced Our files show We are glad to see the amount of the reserves and 10 insurance companies listed were apNporotxiicmeatoeflyHe1a3rionf g h oifs AfpoprlmiecrateimopnlofyoerrAsdjustment of Claim oo on the 7 Yours very truly R. C. Schiedt Jr. - Insurance Department Veek Fading Date 3/6/49 neyo 3/20/49 21.9 5/ 5/15/49 5/22/49 10 1 100 777/2//782//8/575/008/50 7/8/50 9/22 1/23/2 8/5/51, 2/51, 8/19/ 8/26/52 9/9/52 9/9/52 WAGE STATEMENT No. of Deve www.uNH www.uNH www.uNH www.uNH www.uNH www.uNH www.uNH ANAN409 vonvo6 ANAN409vonvo6 ANAN409 vonvo6 ANAN409 vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409 vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409vonvo6 ANAN409 vonvo6 Hours /999972 /999972 /999972 /999972 /999972 /999972 /999972 Vares $ 17.28 34056 86.60 86,40 86.40 51.84 51.84 666266666266262 66266626262 666266666266262 66266626262 666266666266262 666266666266262 23 666266666266262 12 666266666266262 666266666266262 14 666266666266262 666266666266262 666266666266262 24 666266666266262 12 666266666266262 666266666266262 666266666266262 42.36 103.40 41.36 215.25 439.25 229.25 295.75 295.75 295.75 295.75 295.75 243.25 295.75 295.75 295.75 # Additional Overtime Hours - BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD August 29 1956 RCS TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. W. L. Hughes Manager Insurance Department Armstrong Cork Company Lancaster Pennsylvania 30 1956 WLH AUG . . WORKMEN'S COMPENSATION INSURANCE . Travelers Policy 4490459 Policy Year 1/1/55 to 1/1/56 Claim No. 7814289 Claimant John E. Swartout Location of Accident State of Calif Dear Bill We are in receipt of advices Mr. Latham's office stating that the reported almost a 1955 above clair which occurred on January 6 until to their San Francisco Claim Office was not June 22 1956 year and a half later . The company is somewhat concerned about this case because they say it involved asbestosis therefore in order that they may ._ have a complete record of the employment of this man will you please advise us how long Swartout was connected with Armstrong and any other pertinent information that you may have on this case We understand the claim was originally set up with estimates of 10,000 Compensation 400.00 Funeral Expenses and 250.00 Expense however the claim has been revised 2,000 Claim with 80.00 Funeral Expense and 250.00 Expense Your early advices will be appreciated Very truly yours ALEXANDER & ALEXANDER INC. INC. n ae 4. > fig eg va evidence in pur | having been Pboeeln icy bbeeeenn fied, 4 uv of ef SECT 9 bbe vl ey N) Ae EN OH wrylybape 55 GS GF iW eel bl -4-1 opeer wAIY 4 i ACCIDENT HSURANCE ACCIDENT ACIDENT HSURANCE DETROIT V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 August 14 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick WEH Re Claim 925 Swartout Armstrong John E. Cork Company vs 1/10/55 This thank you for Wage Statement claim will acknowledge receipt of and your letter of the 13th enclosing in connection with the captioned - been Per your request forwarded to Mr. Platt said Statement has in San Francisco Very truly yours V. L. P. SHRIVER AGENCY map R. Shriver Mr. D. B. Edgar . V. L. P. Bhriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Dear Dave Subject John E. Swartout Claim 96 0728796 0728796 D 55 The enclosed wage statement was requested by Mr. L. W. Standard Accident San Francisco Claim Department : Platt Manager Since previous correspondence ax this claim went through your office ve are following the sme procedure and request that you forward the enclosed wage statement to Mr. Platt . Enclosures R. Schiedt Jr. Insurance Department DM ChaJi R r Chaim rmaa n ofn the Board t RCS ; L.L K..KIKR.KKIRK PrPesriedsenitdent Standard Accident Insurance INCORPORATE 1004 Company ROY W. SMITH RESIDENT VICE PRESIDENT CASUALTY INSURANCE FIDELITY AND SURETY BONDS SAN FRANCisco BRANCH OFFICE 417 MONTGOMERY ST CALIF SAN FRANCISCO 1956 PHONE EXBROOK 2-6036 . Armstrong Cork Lancaster Pennsylvania Company Gentlemen Re Claim Armstrong Claimant 96 c Cork John 728796 Company E. Swartout period will recall the above captioned refers to a claim recently filed As you perhaps against your Company on behalf of your deceased employee John E. Swartout some of the Our because of the fact that during Company is a defendant insurer of your Company involved we were the Workmens Compensation 4 \ 4\ pa rg during to find out when and where Mr. Swartout worked for your Company I am trying that our Company was your Compensation insurer I have checked with Mr. the periods record Murphy I believe it is of your local office but he advised me that here the only in San Francisco he has indicates that John E. Swartout worked for your Company from about December 27 1954 to January 10 1955 Since we did not carry your Compensation insurance during that period and have not carried it since 1952 we are concerned with three periods prior to 1952 during is claimed that in which it is alleged that Mr. Swartout was in your employ It 1949 he worked 2 months on the Stockton Creamery and we when he claims that persume that means Stockton he worked 1months for California The next period is 1950 at Pittsburg Pennsylvania However we understand that your Company your Company so we would not be concerned with has always been a insurer in Pennsylvania Swartout worked that peiod The net period is 1951 when it is claimed that Mrs. for your Company for six months at Anchorage Alaska It would therefore be greatly appreciated if you could the 1949 and 1951 periods of employment and furnish us worked and his earnings per day hour and weck advise us the exact in reference to dates and places . eet Very truly yours . L. W. Platt Manager . Claim Department Planet Insurance Company Detroit Standard Accident Insurance Company Detroit . Pilot Insurance Company Toronto NSURANCE COMPANY COMPANY COMPANY DETROIT V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 July 17 1956 Res Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick JUL 18 1956 WIH - Re ; John E. Swartout Asbestosis Claim D - 1/10/55 1/10/55 Thank you for your letter of July 16th enclosing additional correspondence issued by the California Industrial Accident Commission Francisco necessary We have referred the matter to the San Office of the Standard Accident for the attention Very truly yours| V. L. P. SHRIVER AGENCY DBE map D. B. Edgar July 16 1956 Hr J. E. Fannon Alexander & Alexander Inc. 2221 North Charles Street Baltimore 18 Maryland Dear Jimi Subject John E. Swartout Asbestosis Clain -1/11/55 Ve enclose a copy of additional correspondence issued by the Industrial Accident Commission Commission of the State of California in connection with the clain of John E. Buartout 55 BF 169 171 Very truly yours Enclosure Insurance Department July 16 1956 Mr. D. B. Edgar V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Dear Daver Subjects John E. Swartout Asbestosis Clain We enclose a copy of additional correspondence issued by the Industrial Accident Commission of the State of California in connection with the alain of John E. Swartout 55 S 169-171 Very truly yours .R C. Schiedt Jr. Insurance Department CCIDENT INSURANCE STANDARD COMPANY BETROLY V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 July 9 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania JUL 110 010 11995566 W14 W14 Dear Dick Re John E. Swartout Asbestosis Claim D - 1/10/55 This will acknowledge receipt of your letter dated July 6th enclosing photostatic copies of notices which you received from the California Industrial Accident Commission in connection with the above We have referred the matter to the San Francisco Office of the Standard Accident Insurance Company for the necessary attention Thanking you we are Very truly yours P. SHRIVER AGENCY map We (Rs aaa Y July 6 1956 Mr. J. E. Fannon . Alexander & Alexander Inc. 2221 North Charles Street Baltimore 18 Maryland Dear Jint Subject John E. Swartout Asbestosis Clain We are enclosing photostatic copies of notices received Accident Commission State of California in connection for adjustment of clain of John E. Swartout from with the the Industrial application _ Sines this man was also in our employ prior to 1952 we are sending similar ; copies to the V P. Shriver Agency in Pittsburgh Very truly yours Enclosures Insurance Department July 6 1956 V P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Gentlemen Subject John E. Swartout Asbestosis Claim We are enclosing photostatic copies of notices received Accident Commission State of California in connection for adjustment of claim of John E. Swartout from with the the Industrial application We are sending similar copies to Alexander & Alexander man was still in our mploy after 1951 Inc. since this . Very truly yours ARMSTRONG CORE COMPANI Enclosures R. C. Schiedt Jr. Insurance Department