Document K41B1VD31mpVjNZ6XLDZxLK6

ARD 023076 c( PROGRESS NOTES ( ( ARD 023077 .I * 1' t I. p p 'if hi S mam| MAYS, Robert H. AVc IfTTSWr31 M { N 465 82 8015 U tjf SV i VA Medicr 1 Center Hat DIAGNOSES (Li*! tn ntm-rm:l or;iVr. frf.sf, th* e*ui>li*h**t <:/mca/ rr+pjnTibl" fm thv aMjisi p.in n/ / (ett4'+ #*. 'Ac -t r</. t v- Imirnl tmpoiMnve, for *htcA frtftAMflf *..* #vn, *)^Jw# "fi" h-fon Ji4rV">< t r* fsfP.r />)< for Wuram/g C`*rr p/.wermt-nf /,,i if i*roWow nuAibrfu //#r (^M^rtOArr j ds x 1. History of automobile accident with contusion of left side of face (2). 2. Occ.upatior.al asthma (1). ICDA CODt J * O 8 r^, 3. Calculus on teeth v7a.< -say rL;.ri'cLiiiici niACMtnrs no run tut not mtATiD rir</V,'t,i**.r i<>o>.. TiiaMi *afimui None ar<jICONS TSOCtOOMS ft*ro**rc *T THU H01H1AI. duino CUWrtHT ADKI.SIOH N Dental Debridement Crown, Prophylaxis "l" re. i Si<u*Aftr fitncl ftrwld v*7tw>. it tppJivmbit, hi*they; pmUtiml phy*tc*l tintlinji*. ormr.v. n *rr . r^Veutrc du^petunt n cvpebU ( rvtnn| ip fvli nf; ftriod *i epar+hsc*nt, it rflrV, r*o*iS*m/<W"VM Hit t>i(l>,wup ireturjr J/iu'i'irve if * i.v -..inpcrt>n y opttuon /fr recurred. MAA^r'AMfun .pof*n/fo},' nrf rune at Not ring hem** 't t kir*vr.) * This 31-yer-cld CM was admitted on 3-21-81 aft Jiaving had an automobile accident. He came by himself as his left ahouldarend left side of the face was hurting. '' PROBLEM P 2- hlotory gf automobile aotldent with' contusion, left aide of face. As already mentioned, be was1 involyad in an atttomobile accident over the week end prior to hospitalization.^ Ha fell asleep and 'had an accident, rolled over, was picked up by the police at'.hoAftaS they thought he was drunk, and came here because of headache and pain in the left, shoulder,' He is employed at Alcoa Aluminum Plant st P.ocfcdale but la oft Hick leave. . ' l Fhvsical examination showed an ambulatory, well nourished, well built black male with mild contusion on the left eyebrow and painful left shoulder yith reduction in the range of movement, otherwise, physical wasnegative. Because of the history of automobilr accident with cdmplete wreckage of the automobile, he has had the following investigations doneii;EK.G was reported as formal. Left shoulder and 1. ft knee and tkull showed no dvldancc of fracture, dislocation or any other bone cr joint abnormality. EMI aeon WAS also, done.,on 3-26-81 which was reported as normal computerized tomography." Sitiipe there. Was no fracture or dislocation ot mv intracroni.il lesions, he wob treated' symptcmplttally and remarkably improved and was ambulating freely at the time. Of discharge. PROBLEM f\- occupational anthma. ^ Patient gave a history cf having haid ihortnessi of breath and whecziru>wiM and off, md has been f aluated on prrtviou# hospitalization uert and bv the pulmonary division at Temple entf has been diegnoved to have had oi cupaticual estnma. He is on sick leav* and has been followed -fev the hiduc. r ial phyo'eton?* at Rockdale whore he works. luring his .-arrant htjvp.ltalizatioo f.ho CBC was eui'rtod(as normal &*:*< .* "-i--rr--> I /vT-'^TJ A TIf* r i> T. -'u^ c . A*/v 3-21-81 A-q-KJ RFCUUR ni '.-N ` K. V. KUTIA1 M. I>* \ 10-1000 Kr. -A*ATCI 5" OC m. . t0UAVIAH. OAM & lOC'O ii: ic-10-81 T: A-10-81 HOSPITAL SUMMARY T 1 CONFIDEHTIAL . ARD 023078 fSSn& fr r- v j* -l rtw rs*:- y. ' ' .' if*- .4 B1 ood gasses were 1 bo-rfcJiiir'.iihic'h sHovtsd a T? oi 7.4fi, r02 of 75, PCOi of'46, with oxygen saturation of ?5X. Pre'fltiaa pulmonary Junction tent Was reported ay normal. Fasting blood sugar was 101 mgs., blood utea nitrogen 10 mga., normal electrolytes. X-rAy df, the chaat shewed a fjjW- Ttupotad dapaities in the right middln aspect of thflluttg which v*~%, calcifitiii. Clinically the patient was afebrile. There v*o no evldenctfof 4ny infection, either clinically or laboratory wiB*. With a history of tnfiustrial astlifefi, being f ollowed, in the past at Temple VA Medical Center andalso hjf the physicians at Alcoa AluminumPlant at Rockdale, it wasfelt that this problem la stable and It should be followed by hi 9 physician. , v . v> i, * ' .* 1 . `1 It was felt that t he patient has obtained maximum hospitalization benefits and he was discharged regular. ConditiOo-on discharge improved. Cibcherge rnedira- f tions Tylenol 650 mgs. Q 6 hre. PRN. Condition on discharge improved. He Is || competent for VA purposes and can resume hit prehoapitalization activities. j RvfcvK> R. V. 13J1TAI, M. D. DATSt U- e -ft s I' t1 | I I - \nfl\ ;.y ' c\r',r' ,\ i 0?3079 AS- 3/-^ C0t-&~ - 'iZir' ^^*r\j2.--J^^b^rcca}* x(y]- >'^^'d ---&;. OZ&*.. a.&z*^ sy' /? 'S / s*' X^XC'- *7 y /$L CtSs~ * ,.* JT >y 0X^6./^^^ <z&C<^* ^-J: ^ *<?r<-jsr/ -7 -v' OUr4^.*. /' 3-y*fjz+sc^. J yS / ^AA'C'y ^~c<~ y^yr-r^yy *e. <ySy*yyyZf.' CatJZ^LLyyys*^--y-^y, yyjc^^yy yZyZ& <zxt^yc^ /ZZ^ yyykdtyZx&y^c^yy^eaf^ - yy^sy/ZC' y y y2y yy>& ^^yzy*^. //A,, y /v4f*jy* yz*-/^. ,<iZ2*r?-^e_ ><^n ^ c^< - ayzyz <yyy^^c^a,_ ,yzL^ <&yyz --^y^y--yy s&*z-<r~ ^.^AzyZyZZ^. " yZy?,,. y t s. sf/sf -z? y <y <*\&7V yy,^ >, yyc&. &Z[s -X- '' S&etoy^*&*&? <ZyA yyy -<*>:. ZkAdxZ xs&ZZz&y' X?. y<k? t CONFIDENTIAL ARD 023080 ARD 0?3081 "! I ) i l'i i; M C`'"! t 'AN "i Of ' . .n. - I ItO'wKlWi' u:y.-i' .'6 507* t T i i c., VO - ' 11) i 1 ; t i r\ ;0 Uu,\Jo /; . P,< (j-nii /& - /OfifOif f1/. A.LGOA fyh fttftteu? C'iv&Uf i a^/rA^/y^) /&b/tAt Ac /t/fiAs, $L /I6ui&rj lAput Ksta^i sC(/tL$ (Am ffrl MJ&A A^teJ'/scc 7& Jt/fUCMQ. 0UUlj JduuACi^J s4&%. aUmca j7 ^ ^mcA M^ASfATM~*v 7fJ. /& ,6iH*A 5*' ^ / lA/U/., - pf c A/IcA^<'a C&viA/^ 7/r cAtsf Aua--` ,, J 4 ^ -// // jL a y\ kii-v^' t{*e,ix /iupl/p, ^AI^kiiA/A (M^Jl A /LCLi-iA'1 U<^L<Ud *A& At/ rii^a*c4i v/App U/, pAj tptt*it~ / A f \L /;. t-f'UirA A^iJLA .Z'l'X, f/ ` // *&K fi'tMhA*C4y di^ju^uj ,.'< CONFIDENTIAL ARD 023082 /Ht'v t/Hui&ituA'' yiyjjU^^(X^H4j 'Jd /tu/ej dtofc 'l&k ^iltUjg/ /L&t&lCo d /Wn&t yOy>Wl) Jjjil/s '^rtdhuflt} ^uMc^P /. ' ff nt &U4 fAUnrtfa'fr /CVtiUd/ f) / Mfuddi /t^CjUc&GF &ddu*4'ttdj'` At; a ojl /& /nuw0. f/0 * i ty --j * [ taut favtiPMJ /Coit/Ljl A^'^LfMp - un -'pliAfiA*s*.? u*wm _ ,* Adtji jfl'Uii.S'I'K AdA ^/.U'lt Ad 4dm.*// .'ddcu'Jl.^hV */ 'AzctPu^ *. CONFIDENTIAL ARD 023083 NOTICE OF HEARING BEFORE THE BOARD AND AWARD RECOMMENDATION THIS IS NOT THE AWARD OF THE BOARD. Date nf PHP. / > -- Parrier ? ''7'/ > Employer . .' ' / 7 v*i ^ * . ,, . Board No. Date of Format Hearing Represented by ' 1' / / p * / R/e'pr-esented by i i 4 // S* . f -- On or before the hearing date, the association and counsel, if any, for the claimant each shall file with the Board a written Formal Statement of Position, both factual and legal. Such Statement of Position shall reply to the recommendations of the Pre-Hearing Officer, and each party shall be required to admit, deny or qualify each point in the Pre-Hearing Officer's recom mendations. Unrepresented claimants and agents for claimants are not required to comply with this section. An injured employee or his attorney must give the Board and ail parties seven (7) days written notice if they intend to be present for the formal hearing. (Board Rule 061.05.00.031 ).4 As a result of the Pre-Hearing Conference held on the above, the Pre-Hearing Officer recommends to the Board that an Award be entered based upon the following: 1. Above named carrier did/did not have compensation coverage on the above named employer on or about (DATE OF INJURY) 2. Named employee did/did not sustain an injury and/or disease on date while within the course of his employment. 3. Above named employee was/was not in the employment of the above named employer on the date of injury. 4. On the date of injury, the employee had an average weekly wage of $which produced a compensation rate of $ 5. The employee sustained, or will sustainweeks of total temporary disability. 6. The employee sustained: ( . ) a general injury. That the employee's present wage earning capacity is $__________ resulting in $ Loss of Wage Earning Capacity for 300 weeks of permanent partial disability, orweeks of temporary partial disability. ( ) a specific injury toThat the employee has_____ % permanent loss of or the loss of the use of that member, or% temporary loss for__weeks of partial disability. 7. Hardship will/will not exist if award is not entered in a lump sum payment. 8. An attorney's tee for the unpaid portion of this recommendation is------------%. (a) Attorney's expenses in the amount of $are recommended. 9. Special Issues: (Beneficiaries, medical bills, etc.): PHD-2 (05-B0) CONFIDENTIAL ATTACH A COPY OF THIS REPORT TO YOUR STATEMENT OF position ARD 023084 *T. P. Flahive Ron Ogden Jack W. Latson Richard W. Chote Cue D. Boykin Patrice Arnold C. C. Gillespie 111 Robert M. Sumners Jim Weaver Katie Flahive Law Ui I S Flahive & Ogden Professional Corporation The 505 Biildinc 505 West !2th Street Austin. Texas 12/02/81 (512) 477-4405 Mailing Address: Post Office Drawer 13507 Capitol Station Austin. Texas 78711 *BoarcJ CcrtificJ-Pcrsonal Injury Tri.-il Lnw Texas Board of Legal Specialization Mr. Jerry Thompson COMMERCIAL UNION INSURANCE COMPANY 7718 WOOCHOLLOW DRIVE SUITE G68 AUSTIN TX 78731 Dear Jerry: RE CLAIM NO-- BOARD NO-- Y--163909-C2 .7A0 EMPLOYEE--ROBERT H MAYS EMPLOYER--ALCOA D / LOSS-- 7/01/30 0/PRE-HEARING--12/0L/31 wACO The prehearing conference in this case was held in Waco on December 1, 1981. The claimant appeared with his attorney Mike Smith, and the prehearing officer was Dick Penn. Mr. Smith brought new medical to the prehearing from a Dr. Fred Roberson, who is apparently involved in asbestosis litigation in the Marshall, Texas area. Mr. Smith indicated that Dr. Roberson is utilized by the law firm of Jonejj Jones and Baldwin in Marshall to testify on asbestosis cases. Dr. Roberson's report states that the claimant has "significant asbestosis of the lungs". Mr. Smith also brought a report froitf the Veteran's Hospital which indicates that the claimant has'bccupational asthma". Mr. Smith also brought a report from the company doctor at Alcoa who confirmed the presence of masses in the claimant's chest. My interpretation of the Alcoa doctor's report is that asbestosis is a possibility. The claimant stated that the biopsy suggested by the Alcoa doctor has been performed and was equivocal. Apparently the doctors at the VA hospital were unable to determine with certainty that the claimant had a malignancy. The claimant stated that he was unable to work at this time, and continues to experience shortness of breath. The claimant admitted that he had been treated for hypertension in January of 1980 and continues to take medication for hypertension at this time. The claimant's attorney alleged that the claimant was totally and permanently disabled. I denied the claim entirely saying that the company doctor had not diagnosed asbestosis. I also indicated that we apparently have a late filing in this case because the Notice of Injury and Claim for Compensation was not filed until April of 1981, and the last exposure was on July 1, 1980. I offered to send the claimant to a pulmonary specialist for an independent medical exam, but the claimant attorney thought this would only delay matters. He therefore asked for the case to be awarded. A copy of the Award Recommendation is enclosed. It is for total and permanent disability. Please note that we apparently have a choice of venue in this case between Milam County and Falls County. I would suggest that Falls County would perhaps be more favorable to us, but you may want to discuss this with defense counsel. . T will not place this case on Venue Alert unless I hear from you. CONFIDENTIAL aB00?308S Law Oi files T. P. Flahive Ron Ogden Jack W. Latson Richard W. Ciiote Cue D. Boykin Patrice Arnold C. C. Gillespie III Robert M. Sumners Jim Weaver Katie Flahive Flahive & Ogden Professional Corporation The 505 Building 505 West I2tm Street Austin. Texas 12/02/81 (512) 477-4403 Mailing Address: Post Office Drawer 13567 Capitol Station Austin. Texas 7871l * Board CcrlificJ-Personnl Injury Tool Law Texas Board of Legal Specialization Mr. Jerry Thompson COMMERCIAL UNION INSURANCE COMPANY 7718 W00CH0LL0W DRIVE SUITE G68 AUSTIN TX 78731 Dear Jerry: RE CLAIM NO-- BOARD NO-- Y--163909--C2 .740 EMPLOYEE--ROBERT H MAYS EMPLOYER--ALCOA D / LOSS-- 7/0L/80 D/PRE-HcARING--12/01/81 'wACO The prehearing conference in this case was held in Waco on December 1, 1981. The claimant appeared with his attorney Mike Smith, and the prehearing officer was Dick Penn. Mr. Smith brought new medical to the prehearing from a Dr. Fred Roberson, who is apparently involved in ashestosis litigation in the Marshall, Texas area. Mr. Smith indicated that Dr. Roberson is utilized by the law firm of JoneXj Jones and Baldwin in Marshall to testify on asbestosis cases. Dr. Roberson's report states that the claimant has "significant asbestosis of the lungs". Mr. Smith also brought a report from the Veteran's Hospital which indicates that the claimant has'bccupational asthma". Mr. Smith also brought a report from the company doctor at Alcoa who confirmed the presence of masses in the claimant's chest. My interpretation of the Alcoa doctor's report is that asbestosis is a possibility. The claimant stated that the biopsy suggested by the Alcoa doctor has been performed and was equivocal. Apparently the doctors at the VA hospital were unable to determine with certainty that the claimant had a malignancy. The claimant stated that he was unable to work at this time, and continues to experience shortness of breath. The claimant admitted that he had been treated for hypertension in January of 1980 and continues to take medication for hypertension at this time. The claimant's attorney alleged that the claimant was totally and permanently disabled. I denied the claim entirely saying that the company doctor had not diagnosed asbestosis. I also indicated that we apparently have a late filing in this case because the Notice of Injury and Claim for Compensation was not filed until April of 1981, and the last exposure was on July 1, 1980. I offered to send the claimant to a pulmonary specialist for an independent medical exam, but the claimant attorney thought this would only delay matters. He therefore asked for the case to be awarded. A copy of the Award Recommendation is enclosed. It is for total and permanent disability. Please note that we apparently have a choice of venue in this case between Milam County and Falls County. I would suggest that Falls County would perhaps be more favorable to us, but you may want to discuss this with defense counsel. I will not place this case on Venue Alert unless I hear from you. CONFIDENTIAL ARD 0?3086 Mr. Jerry Thompson Commercial Union Insurance Company December 2, 1981 Page Two ,, Claimant: Robert H. Hays Although this case is difficult to analyze, there is certainly more exposure here than I thought initially. Mr. Smith claimed to have other asbestosis cases filed in Federal Court in Marshall. The formal hearing in this case is set for December 18, 1981. We will represent your interest at that time. Thank you for the assignment and enclosed is our invoice. Very truly yours RMS/dw Enclosures Robert M. Sumners ARD 023087 Law Offices *T. P. Flahive Ron Ocden Jack W. Latson Richard W. Chote Cue D. Boykin Patrice Arnold C. C. Gillespie 111 Robert M. Sumners Jim Weaver Katie Flahive Flahive & Ogden Professional Corporation The 505 Building 505 West 12th Street Austin. Texas 12/02/81 * Board Certifled-Personsl Injury Trial Law Texas Board of Legal Specialization Hr. Jerry Thompson COMMERCIAL UNION INSURANCE COMPANY 7718 W00DH0LL0W DRIVE SUITE G68 AUSTIN TX 78731 Dear Jerry: RE CLAIM NO-- BOARD NO-- Y--168909--C2 40 EMPLOYEE--ROBERT H MAYS EMPLOYER--ALCOA D / LOSS-- 7/01/80 D/PRE-HEARING--12/01/31 WACO The prehearing conference in this case was held in Waco on December 1, 1981. The claimant appeared with his attorney Mike Smith, and the prehearing officer was Dick Penn. Mr. Smith brought new medical to the prehearing from a Dr. Fred Roberson, who is apparently involved in asbestosis litigation in the Marshall, Texas area. Mr. Smith indicated that Dr. Roberson is utilized by the law firm of JoneJ Jones and Baldwin in Marshall to testify on asbestosis cases. Dr. Roberson's report states that the claimant has "significant asbestosis of the lungs". Mr. Smith also brought a report from the Veteran's Hospital which indicates that the claimant has'bccupational asthma". Mr. Smith also brought a report from the company doctor at Alcoa who confirmed the presence of masses in the claimant's chest. My interpretation of the Alcoa doctor's report is that asbestosis is a possibility. The claimant stated that the biopsy suggested by the Alcoa doctor has been performed and was equivocal. Apparently the doctors at the VA hospital were unable to determine with certainty that the claimant had a malignancy. The claimant stated that he was unable to work at this time, and continues to experience shortness of breath. The claimant admitted that he had been treated for hypertension in January of 1980 and continues to take medication for hypertension at this time. The claimant's attorney alleged that the claimant was totally and permanently disabled. I denied the claim entirely saying that the company doctor had not diagnosed asbestosis. I also indicated that we apparently have a late filing in this case because the Notice of Injury and Claim for Compensation was not filed until April of 1981, and the last exposure was on July 1, 1980. I offered to send the claimant to a pulmonary specialist for an independent medical exam, but the claimant attorney thought this would only delay matters. He therefore asked for the case to be awarded. A copy of the Award Recommendation is enclosed. It is for total and permanent disability. Please note that yp appartmTiy have a choice of venue in this case between_MilanL_ County andVFgTJ s GnuQj^y.> I would suggest that Fall? County would perhaps be more favorable to usl EhTF you may want to discuss this with defense counsel.,,,I will not place this case/ on Venue Alert unless I hear from you. D.iTjr.i L-hiiML ARD 023088 Mr. Jerry Thompson Commercial Union Insurance Company December 2, 1981 Page Two. Claimant: Robert H. Hays Although this case is difficult to analyze, there is certainly more exposure here than I thought initially. Mr. Smith claimed to have other asbestosis cases filed in Federal Court ini Marshall. The formal hearing in this case is set for DecembeWl8, JL981. We will represent your interest at that time. /I J Thank you for the assignment and enclosed is our invoice. Very truly yours, RMS/dw Enclosures Robert M. Sumners CONFIDENTIAL ARD 023089 j^dirui C7. cHiniy. eM-lfaDiptomi THE AMERICAN ACADEMY Of FAMILY PRACTICE OipiO*T>M THE AMERICAN ACADEMY OF FAMILY PRACTICE 9iw/ e4f. Dv*omi THE AMERICAN ACADEMY OF FAMILY PRACTICE November 30, 1981 ^3'ami[y ^/{/[edicu[ Centex 9330 Youree Drive Shreveport. La 71115 (3181 797-8130 Ox Mr. Blake C. Erskine Attorney at Law Post Office Box 3485 Longview, TX 75606 Dear Sir: Mr. Robert Mays is a 31 year old black male, who was first evaluated by me on the 31st of October 1980. Mr. Mays informed me at that time that he went to work for Alcoa Aluminum in 1973. His initial employment was in an.area known as the "pot room" where he was still working. He was on sick leave for "occupation asthma" at the time I saw him. This leave had been present since July of 1980. Mr. Mays described to me the heavy con centration of asbestos dust present in the "pot room". He states that this , is an extremely hot area and in the cleaning-up process air hoses are used to blow the dust out of the room, which really creates an increased con centration in the air. He states that the air and space in the "pot room" is always cloudy with asbestos dust. Mr. Mays states that three to four years after beginning work in the "pot room" he began to notice shortness of breath, chest pain, choking sensation, the sensation that he could not get enough air, wheezing, and a productive cough. He states that he has often had to drive home from work with his head in the car window in order to get enough air. He states that he initially went to the first aid department of the plant with these spells and was told that it was due or secondary to a detergent being used at his home. He has also been seen by a physician at the V.A. Hospital in Temple, Texas. He states that he has noticed^himself that the CONFIDENTIAL ARD 023090 symptoms get worse when the asbestos dust concentration is extremely heavy. He had an episode of pleurisy in December of 1979; he was hospitalized at the Marlin Y.A. Hospital. He would cough up black sputum or lumps of yellow ' sputum. He would wake up at night gasping for air. He also has chills at night. He is presently taking Quilnon and Brethine. While he was hospitalized he occassionally took Codeine for pain. He also takes Hydrodiuril for his blood pressure. Past history consists of never having smoked, no asthma, or family history of lung disease. His only surgery has been an appendectomy. He has no known allergies. He previously worked in a cotton gin in 1972. He has less trouble breathing when he is away from the plant and taking his medication. Any exertion makes him short of breath. He had tried to get back into shape by jogging; however, he started coughing soon after he began to run. He still has a productive cough all the time. He states that his medication causes him to be nervous. Physical examination revealed normal sinus rhythm with no rattles or wheezes. Blood pressure was 140/80. No abdominal masses found. Lungs -revealed coarse breath sounds to auscultation and fine inspiratory wet rales in both bases, worse on the right. THere is also an increase in the AP diameter of the chest with a prolonged exspiratory phase. X-rays revealed fibronodular densities in both lung fields which have increased since 10-31-80, more noticeable in the right lung. The FEV is reduced approximately 20% with an arterial blood Ph of 7.37. It is my opinion that Mr. Mays has significant asbestosis of the lungs. He is presently being evaluated and observed for possible carcinoma of the lung. I find him disabled from performing the usual task of a workman due to his pulmonary disease. Sincerely yours. Fred M. Roberson, M.D. Family Medical Center FMR/dr ARD 023091