Document KRY9EbwY4yGbDN8ebVQdvdD1X

FILE NAME Mundet Cork MCK DATE 1955 DOC MCK128 DOCUMENT DESCRIPTION WC Claim of Cuthbertson Pt 2 [nen for The claim file record HERBERT B. JOHNSON JAMES E. MILLER JOHN J. DAVIS JR RAPHAEL SHANNON DIAN B. EMERSON LORIA NORD MCCARTHY JOHNSON & MILLER ATTORNEYS AT LAW 22 BECOND STREET SEVENTH FLOOR SAN FRANCISCO 94105 415 362-0726 June 6 1984 Dr. Barry Castleman 1722 Linden Avenue Baltimore Maryland 21217 Re Jack H. Cuthbertson Dear Barry H. MCCARTHY JR 1905-1983 misplace The California Workers Jack's old Workers Compensation Appeals Board has of Compensation file I would managed to your copy if reimburse you for that can be arranged copying and postage very much like to obtain a Needless to copy say I would be happy to expenses Thank you for your anticipated cooperation Best personal regards Very truly yours JEM CC Ken Lynch [hile E. MILLER JACK CUTHBERTSON NY ; \ ~ VSo PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG CORK COMPANY MUNDENT CORK CORPORATION PLANT ASBESTUS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE AND SON and TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY , STATE COMPENSATION INJURANCE FUND PACIFIC EMPLOYERS INSURANCE CO, CALIFORNIA IPENSATION INSURANCE CO and STANDARD ACCIDENT INSURANCE COMPANY JOSEPH SHEEHAN REFEREE REFEREE San Francisco Sept. 7 1955 CLAIM NO 161-870 Inj 1944-1954 REPORT OF REFEREE Asbestos worker in the course of 26 claims injury to lung work harmful to chest and from breathing lungs substances FACTS IN CONTROVERSY AS TO STATE COMPENSATION INSURANCE FUND 1 2 3 40 5 0 7 3 9 10 11 12 13 Occupation Injury Medical Medical expense Earnings Temporary disability Notice and prejudice Statute of limitations Lien of Department of Employment Lien of Occidental Life Costs Estoppel Jurisdiction SUBMARY OF TESTIMONY Applicant testified substantially as follows While he worked at Western Asbestos in the letter of February 14 1955. week his rate of His hourly pay was as set rate was for a forth hour He first worked at Western as a helper He did work aboard the S. S. Lurline This work consisted of packing materials from the dock to the ship He worked as a helper for three and a half months The asbestos that he handled during this period of time was in closed cartons He worked mostly on the dock He worked for Western Asbestos on the Standard Oil job as a helper This job consisted of making cork insulation During the period 1947 to 1950 he handled various materials including asbestos rock wool fiber glass and asbestos paper His job was that of a helper and he would pass these materials to the mechanics Some- times the air in which he was working was dense Sometimes he would work in enclosed areas He worked on the Standard Oil job for three and a half months On that job he had very little contact with the materials of asbestos rock wool He also worked on the Union Oil Company job and 12 1 CUTHBERTSON CUTHBERTSON CUTHBERTSON CUTHBERTSON -2 He worked for Mundet on a job at the Bethlehem yard This job required him to work mostly on the ships He also worked at 1209 Landing asbestos While he was working at the Moss Landing job he was n worker He was also known as a mechanic and he would apply the asbestos to pipes and boilers were custy and he noticed that the inside On of this job his nose his was clownGS also exoty In 1953 he went to Dr. Thompson and Dr. Thompson Thompson in turn sent him to Dr. Crenshaw took rays Dr. Under Dr. Crenshaw time he was having he underwent pains surgery to obtain a diagnosis At that He stopped work on September 30 1953 and was off work because of the surgery The doctor found nothing wrong doctor told him to go back to work for and one the month He continued working until surgery on his chest Dr. October 19 1954 when he nad further Crenshaw performed this surgery surgery He to has his been off trade work ever since October 19 1954. do has not returned It was on condition October was due 22 1954 that to his work Dr. Crenshaw advised him that his The the bill for the first Occidental Life surgery was paid half by himself and half by The bill for the second surgery is to be paid nalf by him and half by the Occidental Life Dr. Crenshaw has sent him a bill but he left the bill home He worked from July earned 58 a week 15 1955 to August 14 1955. During this time he At one time in his card as such for a on the sea career period he of was an bodied seaman three years but he was not He held a three years On October 15 1954 Memorial Hospital he gave a work history when he was in the Herrick . His work on the Lurline materials from the dock or four months was that of a to the ship helper He would He worked on this transfer the job for three On the Standard Oil job he would use rock wool and cork The Lurline job required him to mix he worked aboard ship His general wet and dry asbestos duties required him to Occasionally bring the materials aboard He was just a helper on the Standard Oil job He worked about six weeks with the rock wool During the last four and a half months he worked for Western he was a journeyman He does not know whether or not the ships at Bethlehem were new construction On these ships fiber glass was used He is a jarneyman asbestos worker The job at the ship yard rush job and is was very dusty in the shop at the ship yard was a This job 18 CUTHBERTSON -30 -30 required him to work lo hours hours but he had no other complaints complaints day He was tired after this job When he worked for Mundet Cork Cork the job was at the Alameda On this job he used the tools tools of an asbestos worker He ship yard asbestos and cork but it was was mostly cork worked in The materials ship required eight hours a were applied to the ship Wilson and working on this him to work in in dusty place For Mundet Cork he day worked The job at the Moss Landing was an outside job He worked in open air but it was very dusty dusty There was the He had no difficulty complaints regarding no control of the wind while working at Moss Landing He had no his chest chest when he left western Asbestos After his first surgery he continued under the care of Dr. Crenshaw D fro.llCorwesnshaw called by the applicant testified substantially as Stated his qualifications The applicant has been under his care since September 22 1953 Surgery was performed the second second time October 18 1954 The doctor is of the opinion opinion that the reasonable - from this surgery would be four or five months period of convalescence applicant could return to light light work and thereafter the The doctor is of the from this surgery is opinion that the six months months after reasonable the period of convalescence surgery . The doctor is of the opinion that the applicant is 20 at the present time and that that the applicant's percent condition will disabled get worse The applicant needs medical observation medical treatment but he does not need any The applicant could go to workwork now but the applicantapplicant is enjoined from working in asbestos work or doing heavy labor work The doctor when asked the doctor is of the opinion the applicant suffers from whether or not the the applicant also suffered asbestosis and from silicosis answered yes and no It was only after the secondoperation that the that his condition was connected connected with his work doctor told the applicant Years which of exposure to harmful harmful the applicant suffers substances can cause the condition from On September 22 1953 pleural effusion His Following this surgery condition the applicant was complaining of a fight side condition condition was diagnosed as non specific thoracis the doctor ruled at the serious causes of the The fibrosis did not show in in the rays It was just prior to or subsequent to the second surgery that he notified the applicant of his opinion that the it was roughly a condition was due to the week after the second applicant's work Possibly surgery that the doctor so advised the applicant 19 CUTHBERTSON ole The doctor does not believe that the applicant could return to work of a seaman The doctor believes that a seaman's work requires heavy exertion That the applicant could the applicant can not do hard work and he free from harmful dust do general work except that must work in a place that is It is reasonable to expect that the future will be less than it the applicant's is now In the capacity to work in opinion of the doctor the fibrosis that is present will continue to increase The the doctor came to the conclusion that the work was responsible for condition because he found substances of elements used in the work in the lung There is a possibility that bility the fiber glass may have caused the disa- The present factors of breath and weakness disability in the applicant are shortness of Continued to be reset on the first available calendar *** 20 CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN REFEREE Oakland 2/17/55 Injury 1944 - 1954 REPORT OF REFEREE ON ORIGINAL HEARING to lungs Asbestos worker date of birth not alleged from breathing substances in course of work chest and lungs claims injury harmful to ISSUES AS TO INDUSTRIAL INDEMNITY COMPANY 1 2 3 4 5 6 7 8 9 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO TRAVELERS INSURANCE COMPANY 1 2 3 4 5 6 7 8 . 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO STATE COMPENSATION INSURANCE FUND 1 2 , 3 . . 7 9 . 10 11. 12 13 Employment Occupation Injury Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs Insurance SUMMARY OF TESTIMONY ~ APPLICANT testified substantially as follows He was born May 4 1928 He is handed : He is an asbestos worker In 1949 he worked for Westerma Asbestos He went to work sometime before April 1949 as a helper His job months was to pack asbestos Sometimes he worked onto a ship He worked two or three below the decks and in the engine room 21 } - . yo . CUTHBERTSON CUTHBERTSON lan ( 2/17/57 -2- : Claim Lad No. 161-870 His . His work required him to pack earnings were about 46.00 a week and mix dry asbestos On the Standard Oil job he helped with the supplies He used rock wool and hot tar on this job He worked in an enclosed area There were 20 to 30 men working and the ventilation was poor He worked with asbestos blocks He worked for Armstrong in 1950 and stopped work in 1953 He started working for Western Asbestos in 1949 and worked about two years He worked for Plant in 1950. He worked for Western Asbestos Asbestos about nine months in 1940 and 1950. beginning He worked 1951 Plant 1951 Asbestos for one week He worked for Armstrong Cork in **** **** ant were It not appeared to this referee before the Commission at continued to be reset that this the proper parties defendtime and the matter was Notice was given to counsel for the applicant that in the event that a proper amended application was not on file within a reasonable time the application filed herein would be ordered dis- missed without prejudice It appeared that the testimony of the applicant should be stricken from the record inasmuch as the proper parties defendant were not before the Commission at this time and the testimony was ordered stricken from the record The matter was continued to be reset on the first avail- able calendar in the event that a proper amended application was on x file herein JS JOSEPH SHEEHAN Referee CUTHBERTSON 2/21/56 -5- Claim No. 161-870 The doctor is of the opinion that the applicant first became afflicted with asbestosis in 1953 when the applicant experienced the pain The onset of the clinical disease occurred in 1953 share all The the doctor believes each employment should bear an equal way through Continued exposure increases asbestosis ROLAND E. MASTERS stantially as follows called by the defendant testified sub- the He is the office manager of Marine Department of J. T. Thorpe the and San Francisco Sons office and of In 1948 and 1949 the company was using asbestos products which included block insulations both hot and cold temperatures pipe coverings and certain cements He enumerated the content of asbestos in some of the products he used During those years most of the work was outside work and was new construction In 1948 conditions at the and job 1949 he sites received no complaints regarding dusty A helper would usually mix the materials used at the job another One of the samples contained of the samples contained 15 to 15 20 per per cent cent asbestos and asbestos CARL O. JUST tially as follows called by the defendant testified substan- He is a supervisor at Plant Asbestos and has been such for six years He knows the applicant and knows the employment of the applicant at the plant The employment consisted of work mostly on new construction tilation any job No request on the job was He ever made of him for any change in the venreceived no complaints regarding dust on . ALLAN HOLDEN tially as follows called by the applicant testified substan- He is employed by the Occidental Life Insurance Company and the Occidental Life in the sum of 591.87 Insurance Company have filed a lien herein The following bills make up this item Bill of Dr. Thompson 10-9-53 for 30.00 bill of Dr. Crenshaw of 10-9-53 for 220.00 bill of of 33.25 of which the lien the Blood Bank of claimant has paid 10-16-53 in 24.75 the the sum bill of the Herrick Hospital in the sum of 361.07 dated 10-23-53 of which the lien claimant has paid 292.12 the bill of the Peralta Hospital for laboratory examination in the sum of 20.00 dated 10-30-53 The lien claimant has paid hospitalization and medical benefits under their accident paid 15.00 a week for 47-1 April 5 1955 to 9-14-55 and and sickness policy They have also weeks This sum was paid beginning the witness corrected this period to b~ 10-20-54 to 9-14-55 pensation The policy benefits APPLICANT does not cover reimbursement of workmen's com- recalled testified substantially as follows He was born May 4 1928 hired for In 1953 while he was in the hospital special nurses were eight shifts at 8.00 each and 64.00 was paid by him to the nurses SE Herrick Herrick HosIpnitSaleptemIbnerJa1n9u5a4 ry he incurred 1955 there the was bill of 12.50 at the achargoef 15.00 test On for a laborato Febr ruay ry 20 1954 there tests and ray for which he was billed the sum of were laboratory 37.50 *** *** 15 CUTHBERTSON 2/21/56 -6- Claim No. 161-870 DISPOSITION The matter was ordered submitted at the end of 10 days and the case to remain open for said 10 days to permit the filing of the copies of the medical reports of the Department of Employment together with the hospital record of Herrick Hospital and further medical reports from the applicant the parties were requested to submit briefs on all of the issues within 20 days JS JOSEPH SHEEHAN Referee 2 3 4 5 8 g 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 BEFORE . THE OF INDUSTRIAL ACCIDENT COMMISSION THE STATE OF CALIFORNIA --0- JACK CUTHBERTSON, VS. Applicant } ) CLAIM NO 161-870 } WESTERN ASBESTOS COMPANY PLANT } ASBESTOS COMPANY ARMSTRONG CORK COMPANY J. T. THORPE & SONS ) STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY COMPANY } TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY ) and PACIFIC EMPLOYERS INSURANCE COMPANY , ) Defendants ) FINDINGS AND AWARD ) _ ee ne ee ee a et el tl A re ltr ta? ella? and and all the Application for Hearing having been filed herein parties having appeared or having been duly notified matter having been regularly heard before Referee Joseph Sheehan and submitted for decision said Referee now makes his Findings and Award as follows - 26 27 28 29 30 31- 32 FINDINGS OF FACT 1. Jack Cuthbertson born May 4 1928 while em- ployed as an asbestos worker by Western Asbestos Company Plant Asbestos Company Armstrong Cork Company J T. Thorpe & Sons during periods of employment stipulated to by each of the several defendant employers herein contracted an 2 3 4 5 6 8 9 10 11 11 12 12 13 14 14 15 15 16 16 17 17 18 18 occupational disease to wit a form of pneumoconiosis namely asbestosis 2. The date on which said employee first suffered disability from said occupational disease and either knew or in the exercise of reasonable diligence should have known , that said disability was caused by his present or prior em- ployment was October 23 1954 3. . The occupation of the applicant was asbestos worker 4. At the time of said injury the weekly earnings of the employee were maximum 5. Employee has incurred expenses for diagnostic treatment beginning October 17 1954 and thereafter and said treatment was reasonably required to cure or relieve the effects of said disease A supplemental award for the amount of such expenses will be made upon the service and filing of a supplemental petition are unable to adjust such expense in to the event the parties their mutual satisfac- 19 19 20 20 21 22 3 2 2 0 25 26 26 27 28 2929 30 31 32 tion 6. Employee is ment reasonably required in need to cure of or further relieve medical treathim from the effects of said disease 7. Said disease caused temporary total disability beginning October 17 1954 to and including July 14 1955 8. Employee's conditioins not yet permanent 9. Statutory notice was given by the employee to Plant Asbestos Company None of the defendants herein on whom liability is imposed have been prejudiced by the al- leged lack of notice 10. The filing of the Application was timely 11. Department of Employment State of California has paid to the employee unemployment compensation disability ea an 3 5 6 benefits in the sum of 970.00 during the period of disa- bility found herein 12. Occidental Life Insurance Company paid no sum of or money for medical treatment reasonably r^,lieve from the effects of the injury 13. Employee has incurred costs required to cure found herein in the sum of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 70.00 14. The determination of apportionment or contri- bution among the 15. It several defendant carriers is deferred is not true that employee is estopped to assert the claim made herein 16. The Commission does have jurisdiction of the subject matter of said claim and of each of the defendants upon whom any 17. liability is imposed herein Employee's attorneys Smith & Parrish have rendered services to the employee in the reasonable value of 300.00 18. Cork Insulation Company is not a necessary or proper party 19. Plant Rubber & Asbestos Works is not a neces- sary or proper party 20. Mundet Cork Corporation is not a necessary or proper party 24 25 26 27 28 29 30 31 32 AWARD AWARD IS MADE in favor of Jack Cuthbertson against State Compensation Insurance Fund Pacific Employers Insur- ance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of reim- bursement tained by for the the reasonable value of medical treatment employee on and after October 17 1954 to oband including July 14 1955 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Em- ployers Insurance Company , Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of temporary total disability indemnity in the sum of 35.00 a week beginning October 17 1954 to and in- cluding July 14 1955 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Em- ployers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indem- for the reasonable value of nity Company of reimbursement costs incurred by said employee in the sum of 70.00 said costs being payable as follows 35.00 to Dr. A. R. Thomp- son and 35.00 AWARD to Dr. Gerald L. Crenshaw IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Em- Standard Accident Insurance ployers Insurance Company , Company Travelers Insurance Company and Industrial Indemmedical treatment reasonably required nity Company of further to cure or relieve him from the effects of said disease IT IS ORDERED that employee's attorneys Smith & allowed a first lien in the Parrish be and they hereby are sum of 300.00 against any compensation unpaid and payable herein IT IS FURTHER ORDERED that Department of Employ- ment State second lien of in California be and the sum of 970.00 it hereby is allowed a against any compensation unpaid and payable herein IT IS FURTHER ORDERED ; Department of Employment for an that the request of the in additional lien the sum of 179.71 be and it hereby is denied -4- 2 3 6 9 10 10 11 11 12 13 13 14 1415 16 17 17 18 19 19 20 21 21 22 22 23 23 25 2726 27 28 29 30 31 31 32 IT IS FURTHER ORDERED that Cork Insulation Company be and it hereby is dismissed IT IS FURTHER ORDERED that Mundet Cork Corporation be and it hereby is dismissed IT IS FURTHER ORDERED that Plant Rubber & Asbestos Works be and it hereby is dismissed IT IS FURTHER ORDERED that jurisdiction be and it hereby is reserved to determine apportionment or equitable subrogation on petition properly filed IT IS FURTHER ORDERED that this Award shall bear interest pursuant to the provisions of Section 5800 of the Labor Code JOSEPH SHEEHAN REFEREE INDUSTRIAL ACCIDENT COMMISSION JUN 1 1956 FILED AND COPY MAILED TO JA Department of Employment PO PO Box 1857 Oakland 4 Occidental Life Insurance Co. 583 Market St. S.F. 4 Jack Cuthbertson 2284 Holbrook Drive Smith & Parrish 1616 Financial Center Leonard Hanna & Brophy 100 Bush St. Concord Bldg Oakland S.F. 4 12 Mullen & Filippi 315 Montgomery St. S.F. Travelers Insurance Company Latham Square Bldg Oakland Industrial Indemnity Company 350 Sansome St. S.F. State Compensation Insurance Fund 450 McAllister St. S.F. 1 Pacific Employers Standard Accident Insurance Insurance Company Company 3770 Piedmont Oakland / Leonard Hanna & Brophy 100 Bush St. S.F. Plant Rubber and Asbestos Works 5309 Horton St. Emeryville Armstrong Cork Company 1355 Market St. S.F. Mundet Cork Corporation 440 Brannan St. S.F. Plant Asbestos Company 5309 Horton St. Emeryville Western Asbestos Company 675 Townsend St. S.F. 3 J. T. Thorpe & Sons Emeryville . CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN MAY 14 1956 REFEREE Injury 1944 - 1954 ie REPORT er to lungs Alleged asbestos worker born May 4 1928 claims in course of work bord from breathing substances to bord chest and lungs The proper names of the defendants have been whuetawhueutausdswhduetausd in this report as follows Western Asbestos Company State Compensation Insurance Plant Asbestos Company Industrial IndemnitIndeymnity Company Fund Wosteri Bund ~ ~ - Armstrong Cork Company 20 Travelers Insurance Company Company Standard Accident Company ~ Occidental Life Insurance Co. State of California Department ~ , of Employment Pacific Employers Insurance Co J. T. Thorpe & Sons ~ Mundet Cork Corporation Cork Insulation Company Plant Rubber & Asbestos Works it is alleged that applicab was In the application ployed by Mundet , as follows 1948 p in February March mately 4 months 4 April and May approrl in this matter No appearance was Mundet never appeared service was made The Letter of the Commis- made for it No proof of proper to a subpoena of of 2-16-56 was filed in answer he used strictly Mundet sion During the time applicant applicant worked for Mundet Applicant's counsel has against assured Mundet cork Testimonytho af t we are not going to proceed should be the Commission Insulation Transcript p 46 Mundet Cork or Cork forthwith Rule 10775 and 10782 dismissed with Cork is alleged to have been Employment San Francisco Cal 1949- 1949- Cork Insulation Co. 2 months . February to April approximately _ Rule herein Applicant's counsel has Cork made no appearance of proper service His assurances transcript of Cork Cork should be submitted no proof 46 constitute a request request for dismissal and 10782 p 10775 dismissed forthwith The Application filed March 8 1955 alleges Plant Rubber & Asbestos Works Original employment Calif 1944 - February 26th to June S 1a2nthFraapnpcriosxciomately 3-1 months . service on this defendant Apparently purported Plant Rubber & Asbestos Works 5309 Horton Street Emeryville Calif was made at CUTHBERTSON Claim No. 161-870 aoe -2- 2-20-56 SUMMARY OF TESTIMONY tion HERBERT E. Insurance Fund SIMONS called by the defendant State testified substantially as follows Compensa- He is employed as Safety and Transportation Supervisor at the Western Asbestos The record at the plant shows that the appli- cant worked at the plant from April 1947 to July 1950 The applicant handled asbestos and other materials used at the plant A list of ingredients of the products used is contained in the insulation list He prepared this list from the samples sub- mitted to him by the manufacturers The same material was used in 1947 and 1948 JACK CUTHBERTSON recalled testified substantially as follows He worked for J. T. Thorpe and Son beginning in August 1948 to 1949. It was outside work on a power house He applied dusty and windy The asbestos blocks to located the boiler in the open It was quite He did not become ill on this job boiler was He was a mechanic or insulator on this job All of the men on the job were using the same insulation material The first application would be dry and the It was dry blocks were handled second application would be wet Magnesium asbestos blocks about about 85 per cent of the time He handled dry 80 per cent of the time The magnesium blocks contained magnesium cent After handling the magnesium 85 per cent and asbestos 15 per blocks he would apply a wet coating This coating material was handled like plaster He also worked for J. T. Thorpe in 1953 that is from September 1 1953 to October 23 1953. Beginning September 28 1953 Just prior he was off work for a month while he was in the hospital to going to the hospital he was working for Armstrong Cork and Son handled On further questioning he said he worked for J. T. from May 9 1952 to June 2 1952. During this time asbestos covering and various asbestos products Thorpe he open air While he was working at Hunters Point the boiler You could see particles of asbestos dust was in the and him notice was given to Pacific Employers or to J. T. Thorpe No have made any promises of compensation to Son Neither of them and neither of them have made any payments of compensation He went to the hospital in September 1953 following the of Dr. Crenshaw Two weeks prior to going to the hospital directions he'd been under Dr. Crenshaw's care Dr. Crenshaw did not tell him has continued to give him what was wrong with When he him first Dr. Crenshaw saw Dr. Crenshaw Dr. Crenshaw could not look- treatment tell him what was wrong and he believes that the doctors were hos- ing for cancer at that time He remained for two weeks in the pital He first learned about his condition about six days after October 6 1954. He knew about the theory of asbestos becoming or lodged in the lungs He first learned about this theory seven eight years ago when he first took up the trade before the first operation He had severe He had no cough led him to see another pains behind his left shoulder and these pains He was in the Mer- doctor He has never been called by the draft chant Marine in 1944 to 1946 He was in asbestos work that time They did not make any was in the service prior ray to 1944 He was a examination of him helper at while he ee CUTHBERTSON Claim No. 161-870 -3- 2/20/56 He drew the maximum amount of benefitosfffr wo ormkthbeecaSutsaeteof These benefits covered all of thefrt oi mmethehe Sw ta as te and 15.00 from Occi- his disability He drew 35.00 off The two payments together being dental for each week he was the entire period he was off 450.00 a week were paid to him during 18 1955 work He returned to work on September that Travelers Insurance Company had It was stipulated Cork from January 1 1952 until the present coverage for Armstrong Accident had coverage for the period begin- time and that Standard December 31 1951 It was likewise stipu- ning January 1 1949 to Cork for different periods lated the applicant worked for Armstrong in September 1949. totaling approximately 191 weeks beginning He worked for that is from board and hot September tar Armstrong Cork for about to October In this job two weeks in he used only 1949 cork Cork from September 6 1950 to He worked for Armstrong He used asbestos pipe cover- 1954. He was an insulating mechanic rock wool and cork ing asbestos blocks various forms of asbestos in hundred pound sacks board on the job The dry asbestos came asbestos 85 per cent of It was the job of a helper to mix this dry mixed his own dry asbestos The asbestos there was the time the applicant blocks were installed on boilers He had no helper and heavy dust on the job He has worked in the asbestos trade for a period of about eight years and during this time has worked the for six or seven same materials compaWhile nies On all these jobs he did not use he worked for Mundet he used strictly cork which have been introduced were similar to those Samples He used the same type of that he used while Plant working for Armstrong Asbestos J. T. Thorpe and for Western He is a used the same material for union man and most of the jobs are the same They On all materials on the jobs It is asbestos or asbestos products On some of the jobs the ventilation these jobs h Oe n h oa td hewrs indtyhe dd auysst just hung in the air The dust was was poor worse on windy days All through the different jobs the same were all cork jobs exposure occurred Some of the Armstrong jobs dust time Generally speaking the materials used and the amount of produced was the same for all his employers He was hospitalized in Septembeorf 1 Ar 9m5s3traonndg prSitoarndt ao rdthoart he made no request for compensation Travelers time he has still complaints regarding pains At the present After a day's work he has to go in the chest tiredness in the arms his chest give him sharp pains at to bed after dinner The scars in in cold weather than times The adhesions around the scars hurt more ladders He is still warm weather It is an effort for him to go He feels better than up he did at the time of going to Dr. Crenshaw the last hearing It tired feeling It is an exhausted feeling At night he has a while working in the after- is hard for him to keep his average up : noon he went to work for a foundry and this On July 15 1955 He worked at this job work required him to shovel sand all day long he was off from July 15 1955 to August 14 1955 18 1955. He gave and thereafter this work up on August 14 work until Seph te embdeird not continue doing the work 1955 because After August 14 1955 he listed himself as available for work after about two weeks coverage As regards Plant Asbestos employer's insurance company had it was stipulated that from October the 1017 _ CUTHBERTSON 2/20/56 -4- Claim No. 161-870 It was stipulated that the Industrial Indemnity Company had coverage for Plant Asbestos for the period beginning July 18 1954 to October 17 1954 and it was also stipulated that applicant worked at the plant during that period While working insulations He worked were made from asbestos for Plant Asbestos he used heat and frost as a mechanic applying these products which products From July 1954 to October 1954 he jobs He handled asbestos products during this mix the products themselves It was dusty It they were mixing did mostly little time They had to was very dusty while The job at Mare Island during this time they had to work in a trench and the material was on top of the trench The wind would blow the material at him On October 17 1954 he stopped work because he was wheezing and subsequently he went to surgery week that The first notice he gave to Plant and a half after leaving the hospital he had to notify his employer Asbestos was about His attorney told a him nity tion or to Plant Asbestos any of him them have or Pacific Employers or Industrial Indemmade no promises or payments of compensa- He has received payments of disability benefits during the for entire period he was the maximum amount off He drew disability from He received no benefits after the State leaving the job he work had at He did the not foundry The majority of all his receive benefits for all the time work was new he lost from work *** February A recess 21 1956 was taken in this matter until 9:00 A.M. *** tomorrow February The matter came 21 at 9:00 A.M. on regularly for further hearing on SUMMARY OF TESTIMONY fied SIDNEY J. SHIPMAN M.D. substantially as follows called by the defendants testi- 1955 He saw the applicant on one occasion that is on June 15 His diagnosis was asbestosis or pneumoconiosis asbestosis This results from an exposure to asbestosis caused dust by As to the degree of disability seen in June 15 However 1955 he said that his chest was an examination at U. C. Hospital normal showed saturation of the blood was slightly low the applicant on to examination that the oxygen the say The doctor believes that the applicant is able to present time He cannot give a the condition will become worse probable prognosis or better or remain He the work at cannot same tor The applicant should have a periodical check by the docThe applicant is able to resume normal activity absorbed The oxygen saturation test showed that the oxygen was not by the blood like the oxygen should be absorbed = Th iser ae e aima imasis imasi ii masi CUTHBERTSON 2 Clalk No. 101-670 101-670 No showing has been made that the address fendant is at Emeryville Jurisdiction over this not shown by the record Plant Rubber be dismissed Rule 10775 and 9745 Applicant not to proceed apeiast this defendant address of this defondeab Wors should Asbestos de tu teen One or more of the other deinen issues herein These issues aro yo vaned vaned unvon- unvon- 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Jurisdiction Jurisdiction Jurisdiction Employment Employment Occupation Injury Insurance Medical expense Medical Warninge Permanent Temporary Notice and Statute of Department Occidental prejudice Limitation of Employment Ilen Life Insurence do Costs Apportionment Estoppel I.on Only Fund in ratood Fund has advised that this done The issue is the same as notle and pejordvo Industrial has put in by It has disposed of these issue by stipulations no finding on these 10744 CLM. or the inle ; pation cupation Industrial and Fund have pub The answer of the Fund admits of asbestos worker 20 louve ings mext wages and and the occuoc- While working for Industrial's assured Plant on October 17 1954 applicant received maximum earnings stipulated and his occupation was asbestos worker stipulated a week Fund's assured Western paid applicant wages of 100.00 Applicant's testimony : as the The entire occupation of record compels the applicant the and finding maximum of asbestos earnings worker . Fund Thorpe Plant and PE as to themselves question the the jurisdiction defense that of the Commission By its answer Fund relies on maritime injuries are beyond the jurisdiction of the Commission The evidence fails to support the position taken by these four defendants on this issue In holding that the Com- mission does have jurisdiction uniformity of the maritime law is not disturbed . Work done by this employee was not or maritime import since the transaction was of local concern and not prejudicial to uniform application of admiralty law * CUTHBERTSON -4 Claim No. 161-870 The request filed 4-22-55 is for 1,149.71 consists of two parts This amount 1 35 a week from 10-18-54 thru 4-17-55 -910 plus 60 Hospital benefits and 2 115.71 a week from 9-28-53 thru 10-24-53 115.71 plus 64 8 days hospital benefits A lien for 970 should be allowed the Department's request for the additional nied No had for recovery can be the aditional additional being properly payable to the employee surance code to the Departmont be 179.71719.71 should met met and Applicant's counsel contends imbursement and payment of medical expeine 3-5-56 He argues that Simien case Beginning October 17 1964 applicant treatment which successful and lod asbestosis It follows he is entitled able expense as was necessary to enable dants doctors to properly diagnose the The evidence as to the expet expet vague and indefinite This referee the true total Applicant'e counsel exhibits attached to his letter of February hibits were never properly latroduced as evidence page 86 A determination will be made upon the the event the parties The evidence finding allows, service are unable standard adjust pruebice petition among themselves permits only a general 70.00 Applicant has Exhibit 2 reasonably incurred costs in the sum of rendered ren3de0re0d .00 As reflected by this record applicant's attorneys services to the employee in the reasonable value of have properly Apportionment or contribution of a defendant carrier the subject matter of a supplemental petition is FINDINGS OF FACT 1. Jack Cuthbertson born May 4 1928 while employed as an asbestos worker by Western Plant Armstrong Thorpe during periods of employment stipulated to by each of the several dant employers herein contracted an occupational disease defen- to wit a form of pneumoconiosis namely asbestosis 2. The date upon which said employee first suffered dis- ability from said occupational disease and either knew or in exercise of reasonable diligence should have known that said the dis- ability was caused by his present or prior employment was October 23 1954 3. The occupation of the applicant was asbestos worker CUTHBERTSON -5- Claim No. 151-070 151-070 employee 4. At the time were maximunt of said injury the weekly earnings of treatment 5. Employee has incurred expenses for diagnostdii agnoe stie thereafter beginning October 17 1954 and thereafter and beid treatment was reasonably required to cure of sclieve the effects of sald disease A supplemental ward for the hunt hunt of such expenses will be made upon the service and filing of a petition supplemental in the event the parties are untbie untbie to adjust such expense to their mutual satisfaction satisfaction 6. Employee is in reasonably required to cure said disease need of further or relieve from worn the effects effects beginning 7. Said disease caused temporay botal October 17 1954 to and including duly 8. 8. Employee's condition is not get get peo111 peo111 Plant imposed 9. None have Statutcay notice was given oy of the defendants herein on been prejudiced by the alloyed 10. The filing of the Application wou tline . 11. Department has paid pensation disability bencfile in to employ co the cow oc period of disability found herein bated 044 nhl dom^ ascii lug 12. Occidental paid no su ment reasonably required to cure or injury found herein QI noe, relieve a beet O. eti- 01 13. Employee has incurred couts in the cum of 679.00 679.00 among 14. The determination of apportionment or the several defendant carriers is deferred contribution the 15. It is not claim made herein true that employee lo estopped to assert ject whom 16. The Commission does have matter of said claim and of each any liability is imposed herein jurisdiction of the subof the defendants upon have 17. As reflected rendered services to 300.00 by this record employee in the employee's reasonable attorneys value of 18. Cork is not a necessary or proper party 19. 20. Plant Rubber is not a necessary or proper party Mundet is not a necessary or proper party CONCLUSIONS OF LAW Employee is entitled to a joint and several award against Fund PE Standard Travelers Industrial of The reasonable value of medical treatment obtaineodbtained by the employee on July 14 1955 and and after October 17 1954 to and including 10 Temporary total disability Indemnity at maximum rate beginning October 17 1954 to and including July 14 1955 and 35.00 Costs in the to Dr. Thompson sum of 70.00 said sum being payable and 35.00 to Dr. Crenshaw and ; or Further medical treatment relieve from the effects of said reasonably disease required to cure Employee's attorneys are entitled to a first lien in the sum of 300.00 Department of 970.00 Request should be denied is of entitled to a second lien Department for additional in the sum lien of 179.71 Cork Mundet Plant Rubber should be dismissed or Jurisdiction is reserved to determine apportionment equitable subrogation on petition properly filed JS Ja JOSEPH SHEEHAN Referee 11 1 4 3. 4 5 6 " It Injury Insurance a Medical expense Medical Earnings Temporary disability 2 Mailed From San Francion Office 3 4 Industrial S Stt utu e te of Acridon Commition te Califo we 8 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 0 10 10 -0 11 JACK CUTHBERTSON ) 12 Applicant ) CLAIM NO 161-870 1313 VS. ) 14 15 15 16 16 18 19 1920 WESTERN ASBESTOS COMPANY PLANT ASBESTOS COMPANY ARMSTRONG CORK COMPANY J. T. THORPE & SONS STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY COMPANY ) 1 1 TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY ) and PACIFIC EMPLOYERS INSURANCE COMPANY, Defendants } ORDER DENYING PETITIONS FOR RECONSIDERATION eer a ear ae te rt ) re GOOD CAUSE APPEARING THEREFOR 22 22 IT IS HEREBY ORDERED that applicant's Petition for Reconsideration filed herein June 29 1956 be and it hereby 2 2 2 is denied IT IS FURTHER ORDERED that Pacific Employers In- 2 2 s^,,rance Company's Petition for Reconsideration filed herein _ 27 28 28 29 July 2 1956 be and it hereby is denied INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence F.A.Lawrence = ee edner eat we Om a nt a al tt a PE EN John J.Synon 3132 ee he a et ag nal NO Commissioners JACK CURAE CURAERTR SON CTURS AEROTSN ON July 24 1955 V WESTERN ASBESTOS COME AN PLANT ECBUSTOG ARMSTRONG COST COMPANY COMPANY COMPAIL J. T THONPE & SONS COMPENSION COMPENSION INSUDANIONSUDNANON FUND INDUSTRIAINDL USTRIAL INDIAN SY COMPANY TRAVELERS IU NC COMPANY STANDARD ACCEAC EDD AT AACCT EDAT INSURANCE COMPANY gt PIC EMPLOYERS INSU ANCE 18 ANT Claim No. 261-97 The record stains June 21. 1956 the Findings and Ad Mu The Petitions be denied for Reconsideration should therefore INDUSTRIAL ACCIDENT COMMISSION COMMISSION COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence John J.Synon k Commissioners CUTHBERTSON Claim No. JOSEPH SHEEHAN Referee JULY 10 1956 161-870 Injury 1944 - 1954 July REPORT OF REFEREE ON PETITIONS FOR RECONSIDERATION Due 1956. This is the claim of claims injury to lungs from an asbestos worker 26 who of work harmful to chest and blru eantghsing substances in course seventeen One or more issues of the defendants have raised herein said Findings were made on all findings are contained in the issues presented and herein June 11 1956 Findings and Award filed On June 29 1956 the Petition for Reconsideration employee and filed herein his acted in excess of its alleged that the Commission the findings of fact powers and the the evidence does not justify the award findings of fact do not support suffered disability on October is entitled to temporary 23 1954 and he contends he mately one month in disability indemnity 1953 together for approxi- treatment procured by him in the with the expense of medical year 1953 defendants One of the Insurance Company has filed sideration This carrier to wit Pacific Employers herein its Petition for Recon- as an Answer to the wants applicant's the petition petition and to be also considered as a Peti- The carrier's petition is liability for temporary disability directed to the imposition of expense prior to October 23 indemnity 1954 and and medical 17 1954. The carrier subsequent to October the employee prior to contends the there was no obligation to to be October 23 1954 date of the injury which was found The employee entered the 1954 and left the hospital on hospital on October 17 during this period of October 23 1954 It was treatment was hospitalization successful that the diagnostic asbestosis and resulted in the diagnosis of who In 1953 the employee hospitalized him for consulted diagnostic his own doctor year This diagnostic treatment treatment in the same failed to furnish any basis was not successful for a diagnosis and SS aga ae tt Na mt Nt i lt tt Ne rt et Commissioners JACK CUTHBCUTEHBERRTSONTCSUTHOBERTNSON V WESTERN ASBESTOS PLANT ABSTOS J T THONPH COMPENSATION FUND COMPANY INDUSTRIAL INSURANCE EMPLOYERS COMPANY and P. GJPIC INSU ANCE COM ANY Claim No. 361-870 PORT OF FANEL ONE The record sustains June 11 1956 the Findings and Award film The Petitions be denied for Reconsideration should therefore INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence John J.Synon Commissioners CUTHBERTSON Claim No. 161-870 JOSEPH SHEEHAN JULY 10 1956 Referee Injury 1944 - 1954 ON ee REPORT OF PETITIONS FOR Due July REFEREE RECONSIDERATION 29 1956. a ee This is the claim of an asbestos worker 26 who claims injury to lungs from breathing substances in course of work harmful to chest and lungs seventeen One or more issues of the defendants have raised herein Findings were made on all issues presented and said findings are contained in the Findings and Award filed herein June 11 1956 On June 29 1956 the employee filed herein his Petition for Reconsideration and alleged that the Commission acted in excess of its powers the evidence does not justify the findings of fact and the findings of fact do not support the award The employee objects to the finding that he first suffered disability on October 23 1954 and he contends he is entitled to temporary disability indemnity for approximately one month in 1953 together with the expense of medical treatment procured by him in the year 1953 One of the defendants to wit Pacific Employers Insurance Company has filed herein its Petition for Recon- sideration This carrier wants the petition to be considered - as an Answer to the applicant's petition and also as a Peti- tion for Reconsideration The carrier's petition is directed to the imposition liability for temporary disability indemnity and medical expense prior to October 23 1954 and subsequent to October 17 1954. The carrier contends there was no obligation to the employee prior to the date of the injury which was found to be October 23 1954 of The employee entered the hospital on October 17 1954 and left the hospital on October 23 1954. It was during this period of hospitalization that the diagnostic treatment was successful and resulted in the diagnosis of asbestosis In 1953 the employee consulted his own doctor who hospitalized him for diagnostic treatment in the same year This diagnostic treatment was not successful and failed to furnish any basis for a diagnosis imposed The carrier upon it prior contends that no to the time that liability may be the employee had disability and either knew or in the exercise of reason- able diligence should c^used by his work have known that the disability was be This denied and Referee recommends that also that the carrier's applicant's petition be petition denied Applicant relies upon the Simien case Simien vs I.A.C. 21 CCC 10 as authority for the imposition of liability on the defendants herein for the diagnostic treat- ment which was unsuccessful The holding in the Simien case is not authority for imposing any liability on a carrier for medical treatment which has been unsuccessful Simien re- ceived medical treatment which successfully relieved and cured from the effects of the injury by by the the In the instant case the diagnostic treatment secured employee in 1953 was unsuccessful and it was obtained employee at his peril It would be unreasonable to assess liability dants herein for this treatment against any of the defen- The successful diagnostic treatment which was secured by the employee 7 days before he was informed of the work connection of his disability has reasonably resulted in an obligation of the defendants herein The carrier has also urged other points such as dismissal of unnecessary parties and lack of examination of some employments not herein specifically involved It is not true that the defendants or any of them have been denied an opportunity to examine the appli- cant in any particular Furthermore this particular carrier may file a proper petition for contribution or subrogation Just as soon as it pays more than its just share of the award herein Submitted herewith is appropriate applicant's Petition for Reconsideration order denying ing the Also submitted herewith is appropriate order Pacific Employers Insurance Company's Petition Reconsideration denyfor JS JOSEPH SHEEHAN Referee JACK CUTHBERTSON \ ; \ VS PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG ARMSTRONG CORK COMPANY MUNDENT CORK CORPORATION PLANT ASBESTUS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE AND SON and TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY INDEMNITY INDEMNITY COMPANY STATE COMPENSATION INSURANCE FUND PACIFIC EMPLOYERS INJURANCE CO CALIFORNIA COMPENSATION INSURANCE CO and STANDARD ACCIDENT INSURANCE COMPANY JOSEPH SHEEHAN REFEREE San Francisco Sept. 7 1955 CLAIM NO 161-370 Inj 1944-1954 REPORT OF REFEREE Asbestos worker in the course of 2b claims injury to lung work harmful to chest and from breathing lungs substances FACTS IN CONTROVERSY AS TO STATE COMPENSATIOCOMN PENSATION INSURANCE FUND 1 20 3 45 0 7 3 9 100 11 12 13 Occupation Injury Medical Medical expense Earnings Temporary disability Notice and prejudice Statute of limitations Lien of Department of Employment Lien of Occidental Life Costs Estoppel Jurisdiction SUMMARY OF TESTIMONY Applicant testified substantially as follows While he worked at Western Asbestos in the letter of February 14 1955. week his rate of His hourly pay was as set rate was for a forth hour He first worked at western as a helper He did work aboard the S. S. Lurline This work consisted of packing materials from the dock to the ship He worked as a helper for three and a half months The asbestos that he handled during this period of time was in closed cartons He worked mostly on the dock He worked for Western This job consisted of Asbestos on making cork the Standard insulation Oil job as a helper During the period 1947 to 1950 he handled various materials including asbestos rock wool fiber glass and asbestos paper His job was that of a helper and he would pass these materials to the mechanics Some- times the air in which he was working was dense Sometimes he would work in enclosed areas He worked on the Standard Jil job for three and a half months On that job ne had very little contact with the materials of asbestos rock wool He also worked on the Union Oil Company job and 12 5 Ry 2 win Fede ea A OST ON : Sage! AgonNy T = metas tae CUTHBERTSON CUTHBERTSON CUTHBERTSON -2- He worked for Mundet on a job at the Bethlehem yard This job required him to work mostly on the ships He also worked at 188 Landing asbestos While he was working at the Moss Landing job no way 1.4 worker He was also known as a mechanic and he would apply the asbestos to pipes and boilers were dusty and he noticed that the inside On of this job his nose his was clothes also dicty In 1953 he went to Dr. Thompson and Dr. Thompson Thompson in turn sent him to Dr. Crenshaw took rays Dr. Under Dr. Crenshaw time he was having he underwent pains surgery to obtain a diagnosis At that He stopped work on September 30 1953 and was off work because of the surgery The doctor found nothing wrong doctor told him to o back to work for and one the month He continued working until surgery on his chest Dr. October 19 1954 when he naa further Crenshaw performed this surgery surgery He to has his been off trade work ever since October 19 1954. do has not returned It was on condition October was due 22 1954 that to his work Dr. Crenshaw advised him that nis The the bill for the first Occidental Life surgery was paid half by himself and half by The the bill for the second Occidental Life surgery is to be paid nalf by him and half by Dr. Crenshaw has sent him a bill but he left the bill home He worked from July earned 58 a week 15 1955 to August 14 1955. During this time he . At one time in his card as such for a on the sea career period he of was an bodied seaman three years but he was not He held a three years On October 15 1954 he gave a work history when he was in the Herrick Memorial Hospital His work on the Lurline materials from the dock or four months was that of a to the ship helper de would He worked on this transfer the job for three On the Standard Oil job he would use rock wool and cork The Lurline job required him to mix wet and dry asbestos Occasionally he worked aboard ship His general duties required him to bring the materials aboard He was just a helper on the Standard Oil job He worked about six weeks with the rock wool During the last four and a half months he worked for Western he was a journeyman He does not know whether or not the ships at Bethlehem were new construction On these ships fiber glass was used He is a jarneyman asbestos worker The job at the ship yard rush job and it was very dusty in the shop at the ship yard was a This job 18 ee cre ns CUTHBERTSON -3- required him to work lo hours a but he had no other complaints day He was tired after this job When he On this worked job he for Mundet Cork the job was at the Alameda ship yard used the tools of an asbestos worker He worked in asbestos and cork but it was mostly cork The materials ship required eight hours a were applied applied to the ship Wilson and working on this him to work in dusty place For Mundet Cork he worked day The job at the Moss Landing was an outside job He worked in the open air but it was very dusty There was no control of the wind He had no difficulty complaints regarding while working at Moss Landing his chest when he left western He had no Asbestos After his first surgery he continued under the care of Dr. Crenshaw Dr. Crenshaw follows called by the applicant testified substantially as Stated his qualifications The applicant has been under his care since September 22 1953 Surgery was performed the second time October 18 1954 The doctor is of the opinion that the reasonable period of convalescence _ from this surgery would be four or five months and thereafter the applicant could return to light work The doctor is of the from this surgery is opinion that the six months after reasonable period the surgery . of convalescence The doctor is of the opinion at the present time and that that the applicant is 20 percent disabled the applicant's condition will get worse The applicant needs medical treatment medical observation but he does not need any The applicant could go to work now but the alicant is enjoined from working in asbestos work or doing heavy labor work The doctor when asked the doctor is of the opinion the applicant suffers from asbestosis and whether or not the applicant also suffered from silicosis answered yes and no It was only after the second operation that the that his condition was connected with his work doctor told the applicant Years which of exposure to harmful the applicant suffers substances can cause the condition from On September 22 1953 pleural effusion His Following this surgery condition the applicant was complaining of a fight side condition was diagnosed as non specific thoracis the doctor ruled at the serious causes of the The fibrosis did not show in the rays It was just prior to or subsequent to the second surgery that he notified the applicant of his opinion that the condition was due to the applicant's work Possibly it was roughly a week after the second surgery that the doctor so advised the applicant 19 CUTHBERTSON - The doctor does not believe that the applicant could return to work of a seaman The doctor believes that a seaman's work requires heavy exertion That the applicant can not the applicant could do hard work and he do general work except that must work in a place that is free from harmful dust It is reasonable to expect that the applicant's capacity to work in the future will be less than it is now In the opinion of the doctor the fibrosis that is present will continue to increase The the doctor came to the conclusion that the work was responsible for condition because he found substances of elements used in the work in the lung There is bility a possibility that the fiber glass may have caused the disa- The present factors of breath and weakness alsability in the applicant are shortness of *** Continued to be reset on the first available calendar *** 20 + ho CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN REFEREE Oakland 2/17/55 Injury 1944 - 1954 REPORT OF REFEREE ON ORIGINAL HEARING Asbestos worker date of birth not alleged to lungs from breathing substances in course of work chest and lungs claims injury harmful to ISSUES AS TO INDUSTRIAL INDEMNITY COMPANY 1 2 3 40 5 6 7 8 9 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO TRAVELERS INSURANCE COMPANY 1 2 . . . 4 . . 7 . . 9 . 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO STATE COMPENSATION INSURANCE FUND 1, 2 3 . . 6 . 7 . 8 . 10 11 12 13 Employment Occupation Injury Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs Insurance SUMMARY OF TESTIMONY APPLICANT testified substantially as follows He was born May 4 1928 He is handed He is an asbestos worker In 1949 he worked for Westerm Asbestos He went to work sometime before April 1949 as a helper His job months was to pack asbestos Sometimes he worked onto a ship He worked two or three below the decks and in the engine room 21 be CUTHBERTSON CUTHBERTSON 2/17/2 2/17/22 -2- * 2 . Claim No. 161-870 His His work required him to pack earnings were about 46.00 a week and mix dry asbestos On the Standard Oil job he helped with the supplies He used rock wool and hot tar on this job He worked in an enclosed area There were 20 to 30 men working and the ventilation was poor He worked with asbestos blocks He He worked for Armstrong in 1950 and stopped work started working for Western Asbestos in 1949 and worked in 1953 about two years He worked for Plant in 1950. He worked for Western Asbestos Asbestos about nine months in 1940 and 1950. beginning He worked for Plant Asbestos for one week He worked for Armstrong Cork in 1951 *** ant were It not appeared to this referee before the Commission at continued to be reset that this the proper parties defend- time and the matter was Notice was given to counsel for the applicant that in the event that a proper amended application was not on file within a reasonable time the application filed herein would be ordered dis- missed without prejudice It appeared that the testimony of the applicant should be stricken from the record inasmuch as the proper parties defendant were not before the Commission at this time and the testimony was ordered stricken from the record able file The calendar herein matter in the was continued to be reset on the first event that a proper amended application avail- was on JS JOSEPH SHEEHAN Referee CUTHBERTSON 2/21/56 05- Claim No. 161-870 The doctor is of the opinion that the applicant first became afflicted with asbestosis in 1953 when the applicant experienced the pain The onset of the clinical disease occurred in 1953 share all The the doctor believes each employment should bear an equal way through Continued exposure increases asbestosis ROLAND E. MASTERS stantially as follows called by the defendant testified sub- the He is the office manager of Marine Department of J. T. Thorpe the and San Francisco Sons office and of In 1948 and 1949 the company was using asbestos products which included block insulations both hot and cold temperatures pipe coverings and asbestos in some of certain cements He enumerated the the products he used During those content of years most of the work was outside work and was new construction In 1948 and 1949 he received no complaints regarding dusty conditions at the job sites A helper would usually mix the materials used at the job another One of the samples contained of the samples contained 15 to 15 20 per per cent cent asbestos and asbestos tially as CARL O. JUST follows called by the defendant testified substan- six He is a supervisor at Plant Asbestos and has been years He knows the applicant and knows the employment such for of the applicant at the plant The employment consisted of work mostly on new construction tan iy latjioobn No request on the job was He ever made of him for any change in the venreceived no complaints regarding dust on . ALLAN HOLDEN tially as follows called by the applicant testified substan- He is employed by the Occidental Life Insurance Company and the Occidental Life Insurance Company have filed a lien herein in the sum of 591.87 The following bills make up this item Bill of Dr. Thompson 10-9-53 for 30.00 bill of Dr. Crenshaw of 10-9-53 for 220.00 bill of the Blood Bank of 10-16-53 in the sum of 33.25 of which the lien claimant has paid 24.75 the bill of the Herrick Hospital in the sum of 4361.07 dated 10-23-53 of which the lien claimant has paid 292.12 the bill of the Peralta Hospital for laboratory examination in the sum of 20.00 dated 10-30-53 The lien claimant has paid hospitalization and medical benefits under their accident paid 15.00 a week for 47-1 April 5 1955 to 9-14-55 and and sickness policy They have also weeks This sum was paid beginning the witness corrected this period to be 10-20-54 to 9-14-55 pensation The policy benefits APPLICANT does not cover reimbursement of workmen's com- recalled testified substantially as follows He was born May 4 1928 hired for In 1953 while he was in the hospital special nurses were eight shifts at 8.00 each and 64.00 was paid by him to the nurses In September 1954 he incurred the bill of 12.50 at the Herrick Herrick Hospital In January 1955 there was a charge of 15.00 for a labotr esa t Ot n o Febr ruay ry 20 1954 there were laboratory tests and ray for which he was billed the sum of 37.50 *** *** CUTHBERTSON 2/21/56 -6- Claim No. 161-870 DISPOSITION The matter was ordered submitted at the end of 10 days and the case to remain open for said 10 days to permit the filing of the copies of the medical reports of the Department of Employment together with the hospital record of Herrick Hospital and further medical reports from the applicant the parties were requested to submit briefs on all of the issues within 20 days JS JOSEPH SHEEHAN Referee 1 R 3 fe 10 DO my 8 9 10 10 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA -0- 11 11 JACK CUTHBERTSON ) 12 12 13 13 VS. Applicant ) CLAIM NO 161-870 ) 14 WESTERN ASBESTOS COMPANY PLANT ) ASBESTOS COMPANY ARMSTRONG CORK FINDINGS AND AWARD 15 15 COMPANY J. T. THORPE & SONS ) STATE COMPENSATION INSURANCE FUND 1616 INDUSTRIAL INDEMNITY COMPANY ) TRAVELERS INSURANCE COMPANY : $ STANDARD ACCIDENT INSURANCE COMPANY ) 18 18 and PACIFIC EMPLOYERS INSURANCE 3 e COMPANY ) 3 bal 2 2 2 3 Defendants ) 2 2 we ree) rr 2 2 Application for Hearing having been filed herein 2 2 and all parties having appeared or having been duly notified 2 23 and the matter having been regularly heard before Referee 2 2 Joseph Sheehan and submitted for decision said Referee now 2525 makes his Findings and Award as follows 26 26 228828 2 8 28228828 FINDINGS OF FACT 1. Jack Cuthbertson born May 4 1928 while em- 228828 228828 ployed as an asbestos worker by Western Asbestos Company 228828 228828 Plant Asbestos Company Armstrong Cork Company J. T. Thorpe 228828 228828 & Sons during periods of employment stipulated to by each 228828 228828 of the several defendant employers herein contracted an e de =t fl ae flaa retaac fae * 1 2 3 4 5 6 7 9 10 1111 1212 1313 1414 1515 1616 1717 1818 1919 2 2 2 2 2 2 2 2 224 2 2 2 2 2 2 2 29 29 31 3232 occupational disease to wit a form of pneumoconiosis namely asbestosis 2. The date on which said employee first suffered disability from said occupational disease and either knew or in the exercise of reasonable diligence should have known that said disability was caused by his present or prior em- ployment was October 23 1954 3. The occupation of the applicant was asbestos worker 4. At the time of said injury the weekly earnings of the employee were maximum 5. Employee has incurred expenses for diagnostic treatment beginning October 17 1954 and thereafter and said treatment was reasonably required to cure or relieve the effects of said disease A supplemental award for the amount of such expenses will be made upon the service and filing of a supplemental petition in the event the parties are unable to adjust such expense to their mutual satisfac- tion 6. Employee is in need of further medical treatment reasonably required to cure or relieve him from the effects of said disease 7. Said disease caused temporary total disability beginning October 17 1954 to and including July 14 1955 8. Employee's condition is not yet permanent 9. Statutory notice was given by the employee to Plant Asbestos Company None of the defendants herein on whom liability is imposed have been prejudiced by the al- leged lack of notice 10. The filing of the Application was timely 11. Department of Employment State of California has paid to the employee unemployment compensation disability id . a de tenet eet i a l 2 3 4 5 g 11 12 14 15 16 17 18 19 19 20 21 21 22 23 23 24 24 25 26 2827 28 29 31 32 benefits in the sum of 970.00 during the period of disa- bility found herein 12. Occidental Life Insurance Company paid no sum of money for medical treatment reasonably required to cure or relieve from the effects of the injury found herein 13. Employee has incurred costs in the sum of 70.00 14. The determination of apportionment or contric- ontri- bution among the several defendant carriers is deferred 15. It is not true that employee is estopped to assert the claim made herein 16. The Commission does have jurisdiction of the subject matter of said claim and of each of the defendants upon whom any liability is imposed herein 17. Employee's attorneys Smith & Parrish have rendered services to the employee in the reasonable value of 300.00 18. Cork Insulation Company is not a necessary or proper party 19. Plant Rubber & Asbestos Works is not a necessary or proper party 20. Mundet Cork Corporation is not a necessary or proper party AWARD AWARD IS MADE in favor of Jack Cuthbertson against State Compensation Insurance Fund Pacific Employers Insur- ance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of reim- bursement tained by for the the reasonable value of medical treatment employee on and after October 17 1954 to oband including July 14 1955 1 2 3 4 8 10 11 12 13 14 15 16 17 18 2 2 2 2 2 2 2 26 27 28 29 33 33 32 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Employers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of temporary total disability indemnity in the sum of 35.00 a week beginning October 17 1954 to and in- cluding July 14 1955 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Employers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of reimbursement for the reasonable value of costs incurred by said employee in the sum of 70.00 said costs being payable as follows 35.00 to Dr. A. R. Thomp- son and 35.00 to Dr. Gerald L. Crenshaw AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Employers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of further medical treatment reasonably required to cure or relieve him from the effects of said disease IT IS ORDERED that employee's attorneys Smith & Parrish be and they hereby are allowed a first lien in the sum of 300.00 against any compensation unpaid and payable herein IT IS FURTHER ORDERED that Department of Employ- ment State of California be and it hereby is allowed a second lien in the sum of 970.00 against any compensation unpaid and payable herein IT IS FURTHER ORDERED _ Department of Employment for an that the request of the additional lien in the sum of 179.71 be and it hereby is denied -4- l 2 3 P 5 6 7 9 10 11 11 12 13 952 952 995222 995222 995222 995222 995222 995222 995222 995222 952 995222 22 22 2 2 2 25 25 N N N N N W 30 32 IT IS FURTHER ORDERED that Cork Insulation Company be and it hereby is dismissed IT IS FURTHER ORDERED that Mundet Cork Corporation be and it hereby is dismissed IT IS FURTHER ORDERED that Plant Rubber & Asbestos Works be and it hereby is dismissed IT IS FURTHER ORDERED that jurisdiction be and it hereby is reserved to determine apportionment or equitable subrogation on petition properly filed IT IS FURTHER ORDERED that this Award shall bear interest pursuant to the provisions of Section 5800 of the Labor Code JOSEPH SHEEHAN REFEREE INDUSTRIAL ACCIDENT COMMISSION JUN 1 1956FILED AND COPY MAILED TO JA Department of Employment PO PO Box 1857 Oakland 4 Occidental Life Insurance Co. 583 Market St. S.F. 4 Jack Cuthbertson 2284 Holbrook Drive Concord Smith & Parrish 1616 Financial Center Bldg Oakland 12 Leonard Hanna & Brophy 100 Bush St. S.F. 4 Mullen & Filippi 315 Montgomery St. S.F. Travelers Insurance Company Latham Square Bldg Oakland Industrial Indemnity Company 350 Sansome St. S.F. 4 State Compensation Insurance Fund 450 McAllister St. S.F. 1 Pacific Employers Insurance Company 3770 Piedmont Oakland Standard Accident Insurance Company / Leonard Hanna & Brophy 100 Bush St. S.F. Plant Rubber and Asbestos Works 5309 Horton St. Emeryville 1355 Armstrong Cork Company Mundet Cork Corporation Market St. S.F. 440 Brannan St. S.F. Plant Asbestos Company 5309 Horton St. Emeryville Western Asbestos Company 675 Townsend St. S.F. 3 J. T. Thorpe & Sons Emeryville - CUTHBERTSON Claim No. SF 161-870 Injury JOSEPH SHEEHAN MAY 14 1956 REFEREE REPORT OF REFEREE ONDECISION DECISION DECISION eared 1944 x- 1954 to lungs Alleged asbestos worker both hay 4 1928 clcial Injury from breathing substances in course of work boot us tO chest and lungs in this The proper names of report as follows the defendants have been almind almind Western Asbestos Company State Compensation Insurance Plant Asbestos Company Fund Industrial Indemnity Company Armstrong Cork Company Travelers Insurance Company Standard Accident Company Company Occidental Life Insurance Co. State of California Department Department . of Employment Pacific Employers Insurance Co. J. T. Thorpe & Son Mundet Cork Corporation Cork Insulation Company Plant Rubber & Asbestos Works ~ Ma Industriel ~ ~ - Qeo.denval Qeo.denval .. Despertaini Despertaini Despertaini ~ P TE Khorne wha TE Re ~ Ey OO poi foreibas ployed by In the application it Mundet as follows is alleged that aprio as - 1948 - in February March mately 4 months 4 April and May Sppr Mundet never appeared in this matter No appearence was made for it No proof of proper service was made The letter of Mundet of 2-16-56 was filed in answer to a subpoena of the Commis- ett sion During the time applicant worked for fundat he used strictly cork Testimony of applicant Applicant's councel has assured the Commission that we are not going to proceed against Mundet Cork or Cork Insulation Transcript p 46 Mundet should be dismissed forthwith Rule 10775 and 10782 Employment with Cork is alleged to have been Cork Insulation Co. San Francisco Cal 1949 - February to April approximately 2 months Cork made no appearance herein Applicant's counsel has Rule submitted no proof of proper service His assurances transcript p 46 constitute a request for dismissal of Cork Cork should be dismissed forthwith 10775 and 10782 The Application filed March 8 1955 alleges Original employment San Francisco Calif Plant Rubber & Asbestos Works 1944 - February 26th to June 12th approximately 3-1 months Apparently purported service on this defendant was made at Plant Rubber & Asbestos Works Emeryville Calif 6309 Horton Street CUTHBERTSON , -2- Claim No. 161-270 No showing has been made that the sore of this de fendant is at Emeryville Jurisdiction over this defondant s not shown by the record Plant Rubber os Aboutou should be dismissed Bule 10775 and 97451 Applica Ta clou not to proceev 24 in in this defendant teen One or more of the other dev havee van vn an od t latyon- latyon- lasues herein These issues a10 Jurisdiction 3. Employment Employment 5. Insurence 6. Medical expense 7. Medical 8. 8. Farning 9. Permanent 10. 11. 12. 13. 13. 13. 14. 15. 16. 17. Tewporary Notice and Statute or Department Occidental prejudice Limitationu of Employment liEA Life Insurance co Costs Apportionment Estoppel 1.on 1.on Only Fund has rated Fund has advised that this dume ut The issue is the same 20 notlee end require the impossible of en op Murni exists for findan estoppel on the unre oa Industrial has put in m It has disposed of these issue by stipulations no findings on these 3: 10744 sk pviny ed bh oa the 0 of the anvicu jacle pation cupation Industrial and Fund have nub The answer of the Fund admits of asbestos worker netimings netimings maximum wages and K~ the CUoc- While working for Industrial's assured Pieni on October 17 1954 applicant received maximum earnings stipulated and his occupation was asbestos worker stipulated a week Fund's assured Western paid applicant wages of 100.00 Applicant's testimony as the The entire occupation of record compels the applicant the and finding meximum meximum of asbestos earnings worker Fund Thorpe Plant and PE ac to themselves question of the Commission By its answer Fund relies on the jurisdiction that maritime injuries are beyond the jurisdiction of the defense The evidence fails to support the position taken the Commission by these four defendants on this issue In holding that the Comof the maritime law is mission does have jurisdiction uniformity . not disturbed since the Work done by this employee was not of maratimo maratimo import transaction was of local concern and not prejudicial to uniform application of admiralty law CUTHBERTSON -3- tw Claim No. 161-870 The evidence of Drs Shipman Thompson Crenshaw and Watson indicates that the applicant does have and does suffer from an occupational disease namely a form of pneumoconiosis to wit asbestosis Dr. Shipman testified ployment contributed equally disease on October 17 1954 to the the periods or stipulated omdisabling effects of the Knowledge of the causal connection between the disease and said employment was first had by the applicent six erys after October 17 1954 and prior thereto applicus had and va the ex- ercise of reasonable diligence obtained obtained > knowledge of h con- nection Testimony of applicant and Dr. Chr Dr. Shipman medical observation the applicant that he and Dr. Create Create suponding the Such evidence suponding suponding suponding empingte needa in or of is in need of further medical trembeurt Said occupational disease caused semippi sobal dibebility beginning October 17 1954 te and weld Jul 14 1955 Testimony of applicant and Dr. Crepsher Dr. Shipmon's permanent Applicant's permanent disability be testimony indian wae bon Ca counsel has requested decoraination deferred Letter of Mr. Smith 3-5-561 not of 3-5-561 Some evidence indicates the anglove 6: Br) blou and that his condition will get worse Ch the other and Dr. Hinuliaw 5-24-55 advises that there will The evidence of Dr. Shipman moves be no porous on of the disease this peierec to derey devormi tion of this issue Notice of injury was promptly trial Testimony of applicant None prejudiced by alleged lack of notice on quent to October 17 1954 given to Plenb end Indusof the defendants have been October 17 1954 or subse- The evidence does not establish shy oblation in the defendants to in any manner whatsoever compensate applicant for a disability occurring in 1953 and the diagnostic treatment pro- cured by him in 1953. Record of lerrik Hospital and testimony of applicant The medical services obtained by the applicant in 1953 were obtained by him at his peril tory The filing of period of one year the Application was well of October 23 1954 within the statu- Occidental claims a lien in the sum of 591.87 The sums making this total of 591.87 were paid from 10-9-53 to 10-30-53 Such payments were not made for the reasonable expense incurred by or on behalf of said employee for medical treatment to cure or relieve from the effects of the injury found herein- above Diagnostic thoracotomy in 1953 nosis so far as the parties herein are by this lien claimant cannot be made a did not result in a diag- concerned Payments made basis for recovery by it either from the applicant or the defendants The Department has lien One request was filed a duplication of the request missed filed two requests for allowance of 1-4-55 for 589.71 This request is filed 4-22-55 It should be dis- CUTHBERTSON -4- . Claim No. 161-870 consists The request filed of two parts 4-22-55 is for 1,149.71 This amount 1 35 a week from 10-18-54 thru 4-17-55 1045 910 plus 60 Hospital benefits and 2 30 a week from 9-28-53 thru 11-24-53 115.71 plus 464 8 days hospital benefits A lien for 970 should be allowed the Department's request for the additional additional nied No recovery can be had for thic additional to the Department 179.71 boul^ ka additional sacscht the being properly payable to the employee vader the uncre loont surance code and de- same in- Applicant's counsel contendo . imbursement and payment of medical expano 3-5-56 He argues that Simien care 21 009 ) : roli treatment Beginning which was October 17 1951 po veepuful and led to asbestosis It follows he is entitled tur able expense as was necessary to enable , dants doctors to properly diagnose the rauco foster and the The evidence vague and indefinite true totul the Aplicant's exhibits attached hibits were page 86 never properly as to the one This referee is Applicant's counsel out unble A determination of the caci will be made upon the the event the partle service and filing are unable to dub The evidence allows finding 70.00 Applicant had Exhibit 2 reasonably inctured couts model exonue exonue petition in thing themselves a general in the sum of of re3n0d0e.r0e0d properly As reflected by this record applicant's attorneys services to the employee in the reasonable value of have Apportionment or contribution of a defendant carrier is the subject matter of a supplemental petition FINDINGS OF FACT 1. Jack Cuthbertson born May 4 1928 while employed as an asbestos worker by Western Plant Armstrong Thorpe during periods of employment stipulated to by each of the several dant employers herein contracted an occupational disease defen- to wit a form of pneumoconiosis namely asbestosis 2. The date upon which said employee first suffered dis- ability from said occupational disease and either knew or in exercise of reasonable diligence should have known that said the dis- ability was caused by his present or prior employment was October 23 1954 3. The occupation of the applicant was asbestos worker CUTHBERTSON -5- Claim No. 151-270 employee 4. At the time were maximum of stid injury the woeltly enn.ne of 5. Employee has incurred expensed for diagnoutle treatment beginning October 17 1954 and thereafter and said treatment was reasonably required to cure or rolleve the effects of sald disease A supplemental word for the unt of such expenses will be made upon the service and filing of a supplemental petition in the event the prothed prothed tre tre bie to adjust such expense to their mutual satisfaction 6. Employee is in reasonably required to cure said disease need of further or relieve from modal trental the efie iof * - 7. Seld disease caused temporary bobel di beginning October 17 1954 to and including July 14 8. Employee's condition is not yeu yeu 10,1 munt Plant imposed 9. None have Statutcry notice web given the omio co to of the defendants hove'n on wh ote oe been prejudiced by the alleged lana e nh Com, 10. The filing of the Applisten t ; 11. Department hey paid to elad^ elado^c pensation disability benorite in the NIK ee. period of disability found herein Set cetute tht cbse 12. Occidental paid no sum ment reasonably required to cure or injury found herein CIQ CIQ rel eve ous ons 13. Employee has incurred costs an the on 2 171.30 among 14. The determination of apportionment or the several defendant carriers is deferred contx.bution contx.bution the 15. It is not claim made herein true that employee is estopped to assert ject whom 16. The Commission does have matter of said claim and of each any liability is imposed herein jurisdiction of the sub- of the defendants upon have 17. As reflected rendered services to 300.00 by this record employee in the employee's reasonable attorneys value of 18. Cork is not a necessary or proper party 19. Plant Rubber is not a necessary or proper party 20. Mundet is not a necessary or proper party CONCLUSIONS OF LAW against Employee is entitled to a joint and several award Fund PE Standard Travelers Industrial of The reasonable value of medical treatment obtained by the employee on and after October 17 1954 to and including July 14 1955 and 10 CUTHBERTSON -6- Claim No. 161-870 Temporary total disability indemnity at maximum rate beginning October 17 1954 to and including July 14 1955 and 35.00 to Costs in the Dr. Thompson sum and of 70.00 said sum being payable 35.00 to Dr. Crenshaw and or Further medical treatment relieve from the effects of said reasonably disease required to cure Employee's attorneys are entitled to a first lien in the sum of 300.00 Department of 970.00 Request should be denied is entitled to a second lien of Department for additional in the sum lien of 179.71 Cork Mundet Plant Rubber should be dismissed or Jurisdiction la reserved to determine apportionment equitable subrogation on petition properly filed JS Ja JOSEPH SHEEHAN Referee 11 CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN S.F. 2/20/56 REFEREE Injury 1944 - 1954 REPORT OF REFEREE ON CONTINUED HEARING ing Asbestos worker 26 claims injury to lungs substances in course of work harmful to chest and from breath- lungs ISSUES as to State Compensation Insurance Fund , . 3 . . 6 . 8 . 9 . 10 11 12 13 Jurisdiction Occupation Injury Medical Medical expense Earnings Temporary disability Notice and prejudice Statute of Limitations Costs Estoppel Lien of Department Lien of Occidental of Employment Life Insurance Co. ISSUES as to J. T. Thorpe and Son and Pacific Employers Insurance Co. 2. 3 6 8 . 9 10 11 12 Jurisdiction Injury Medical Medical expense Temporary disability Permanent disability Lien of Department of Employment Lien of Occidental Life Notice and prejudice Statute of Limitations Costs Apportionment ISSUES as to Armstrong Cork Travelers Accident Insurance Co. Insurance Co. and Standard 1 2 3 4 5 6 7 8 9 10 Injury Medical Medical expense Temporary disability Permanent disability Lien of Department of Employment Lien of Occidental Life Insurance Notice and prejudice Statute of Limitations Costs Co. ISSUES as to Plant Asbestos and Pacific Employers Same issues as at issue with J. T. Thorpe Pacific Employers Insurance Company and Son and ISSUES as to Plant Rubber nity Company and Asbestos Works and Industrial Indem- ry Employment. Occupation 3 Injury 4 Insurance 5 Medical expense Medical 7 Earnings Temporary disability 9 Notice and indire CUTHBERTSON Claim No. 161-670 -2- 2-20-56 SUMMARY OF TESTIMONY tion HERBERT E. Insurance Fund SIMONS called by the defendant State testified substantially as follows Compensa- He is employed as Safety and Transportation Supervisor at the Western Asbestos The record at the plant shows that the appli- cant worked at the plant from April 1947 to July 1950 The applicant handled asbestos and other materials used at the plant A list of ingredients of the products used is contained in the insulation list He prepared this list from the samples sub- mitted to him by the manufacturers The same material was used in 1947 and 1948 follows JACK CUTHBERTSON recalled testified substantially as He worked for J. T. Thorpe and Son beginning in August 1948 to 1949. It was outside work on a power house He applied asbestos blocks to the boiler It was quite dusty and windy The boiler was located in the open He did not become ill on this job He was a mechanic or insulator on this job All of the men on the job were using the same insulation It was dry material The first application would be dry and the second application would be wet Magnesium blocks were handled about 85 per cent of the time He handled dry asbestos blocks about 80 per cent of the time The magnesium blocks contained magnesium 85 per cent and asbestos 15 per cent After handling the magnesium blocks he would apply a wet coating This coating material was handled like plaster He also worked for J. T. Thorpe in 1953 that is from September 1 1953 to October 23 he was off work for a month while 1953. he was Beginning September 28 1953 in the hospital Just prior to going to the hospital he was working for Armstrong Cork and Son handled On further questioning he said he worked for J. T. from May 9 1952 to June 2 1952. During this time asbestos covering and various asbestos products Thorpe he open air While he was working at Hunters Point the boiler You could see particles of asbestos dust was in the and him No notice was given to Pacific Employers or to J. T. Thorpe Son Neither of them have made any promises of compensation to and neither of them have made any payments of compensation He went to the hospital in September 1953 following the directions of Dr. Crenshaw Two weeks prior to going to the hospital he'd been under Dr. Crenshaw's care Dr. Crenshaw did not tell him what was wrong with treatment When he him first Dr. Crenshaw has continued to saw Dr. Crenshaw Dr. Crenshaw give him could not tell him what was pinigtaflor cancer at wrong and he believes that the doctors were look- that time He remained for two weeks in the hos- He first learned about his condition about six days after October 6 1954. He lodged in the lungs eight years ago when knew about the theory of asbestos becoming He first learned about this theory seven or he first took up the trade He had no cough before the first operation He had severe pains behind his left shoulder and these pains led him to see another doctor He has never been called by the draft He was in the Mer- chant Marine in 1944 to 1946 He was in asbestos work that time They did not make any was in the service prior ray to 1944. He was a examination of him helper at while he CUTHBERTSON Claim No. 161-870 -3- 2/20/56 He drew the maximum amount of benefits from the State These benefits covered all of the time he was off work because of his disability He drew 35.00 from the State and 15.00 from Occi- dental for each week he was off The two payments together being w50.00 a week were paid to him during the entire period he was off work He returned to work on September 18 1955 It was stipulated that Travelers Insurance Company had coverage for Armstrong Cork from January 1 1952 until the present time and that Standard Accident had coverage for the period begin- ning January 1 1949 to December 31 1951. It was likewise stipu- lated the applicant worked for Armstrong Cork for different periods totaling approximately 191 weeks beginning in September 1949. He worked for that is from September board and hot tar Armstrong Cork for about to October In this job two weeks in he used only 1949 cork He worked for Armstrong Cork from September 6 1950 to 1954. He was an insulating mechanic He used asbestos pipe cover- ing asbestos blocks various forms of asbestos rock wool and cork board on the job The dry asbestos came in hundred pound sacks It was the job of a helper to mix this dry asbestos 85 per cent of the time the applicant mixed his own dry asbestos The asbestos blocks were installed on boilers He had no helper and there was heavy dust on the job He has worked in the asbestos trade for a period of about eight years and during this time has worked for six or seven compa- nies On all these jobs he did not use the same materials While he worked for Mundet he used strictly cork Samples which have been introduced were similar to those that he used while working for Armstrong He used the same type of material for Plant Asbestos J. T. Thorpe and for Western He is a union man and most of the jobs are the same They used the same materials on the jobs It is asbestos or asbestos products On all these jobs he had windy days On some of the jobs the ventilation was poor On others the dust just hung in the air The dust was worse on windy days All through the different jobs the same exposure occurred Some of the Armstrong jobs were all cork jobs dust Generally speaking the materials used and produced was the same for all his employers the amount of He time he made Travelers was hospitalized in September no request for compensation of 1953 and prior to that Armstrong Standard or At the present time he has still complaints regarding pains in the to bed times chest tiredness in the arms After a day's work he has to go after dinner The scars in his chest give him sharp pains at The adhesions around the scars hurt more in cold weather than warm weather It is an going to Dr. Crenshaw effort for him to go He feels better than up he ladders He is did at the time still of the last hearing It is noon At night hard for him he to has a tired feeling It is an exhausted keep his average up while working in the . feeling after- On July 15 1955 he went to work for a foundry and this work required him to shovel sand all day long He worked at this job from July 15 1955 to August 14 1955 and thereafter he was off work until September 18 1955. He gave this work up on August 14 1955 because he did not continue doing the work After August 14 1955 work after about two weeks he listed himself as available for As regards Plant Asbestos it was stipulated that the employer's insurance company had coverage from October 1 10/7 tn ti, CUTHBERTSON 2/20/56 -4- Claim No. 161-870 had It coverage was for stipulated that the Industrial Indemnity Company Plant Asbestos for the period beginning July 18 1954 to October 17 1954 and it was also stipulated that appli- cant worked at the plant during that period While working insulations He worked were made from asbestos for Plant Asbestos he used heat and frost as a mechanic applying these products which products From July 1954 to October 1954 he jobs He handled asbestos products during this mix the products themselves It was dusty It they were mixing did mostly little time They had to was very dusty while The job at Mare Island during this time they had to work in a trench and the material was on top of the trench The wind would blow the material at him On October 17 1954 he stopped work because he was wheezing and subsequently he went to surgery week that The first notice he gave to Plant and a half after leaving the hospital he had to notify his employer Asbestos was about His attorney told a him nity tion or to Plant Asbestos any of them have him or Pacific Employers or Industrial Indem- made no promises or payments of compensa- work the He has received payments of disability benefits during entire period he was off He drew disability from the State for job the maximum amount He he had at the foundry received no benefits after leaving The majority of all his work the He did not receive benefits for all the time he was new lost from work *** A recess was taken in this matter until 9:00 A.M. February 21 1956 tomorrow *** The matter came on regularly for further hearing on February 21 at 9:00 A.M. SUMMARY OF TESTIMONY fied SIDNEY J. SHIPMAN M.D. substantially as follows called by the defendants testi- 1955 He saw the applicant on one occasion that is on June 15 His diagnosis was asbestosis or pneumoconiosis asbestosis This results from an exposure to asbestosis caused dust by June 15 As to the degree of disability seen in 1955 he said that his chest was normal However an examination saturation of the blood at U. C. Hospital was slightly low showed the applicant on to examination that the oxygen the say The doctor believes that the applicant is able to present time He cannot give a probable prognosis He the condition will become worse or better or remain the work at cannot same tor The The applicant should applicant is able to have a resume periodical check normal activity by the doc- The oxygen saturation test showed that the oxygen was not a Sb om se orb i ed m by the blood like the oxygen should be absorbed There is COMMISSION OFFICIS OFFICIS y NORTHERN CALIFORNIA HAMLATO GUS MIRAION STREET SAN FRANCISCO 3 FOR AC SEVMENTO SEVMENTO COUNTY ROOM 200 631 BTHLE COTUNTY GALLAMENTO GALLAMENTO ONLY FOR SOUTHERN CALIFORNIA FLTHEPT FLTHEPT SAN DIEGO COUNTY BOT Los STATE BUILDING ANGELPS 12 FOR GAN DIEGO 1521 FOURTH DIEGO 1 COUNTY AVENUE ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL INDUSTRIAL RELATIONS ; INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case 161-370 54 3F Filed 12-21-54 DO NOT WRITE THIS SPACE IN IN ENTER DO E CKD ET BY Employee's Name .. JACK CUTULERTSON . Employee's Address ... 2284. Holbrook STREET ARD HUMBEE Drive Social Security No be ee Le vent ces soe Concord California ow. Name of Employer -- Re eens 2 Armstrong Cork Company Travelers Insurance Company Ilant Asbestos Company oo TOWN OR CITY -------- STATE Employer's | Address San Francisco California Lathan Squargan AND NUMBER Bldg Oakland __ 5309 Morton Street Emeryville a Name Company of Industrial Indemnity Insurance Carrier Insud SAVSBHE Carrier's Address St. San Francisc 3. Western Asbestos Company 675 Townsend Styqyuden Francisco a Stala Compensation Insurance Fund 450NollisteSr t. San Francisc0 CITY ZONE STATE Employee's name Jack Cuthbertson 2 uu... Employee's date of birth -- Date your injury 1949 - 1954 Le ee) Employee's occupation time of injury habeatos habeatos worker Place where injury occurred How didinjury When did you leave work Francisco .. San Francisco 0 ou. as result of this injury September 30 1953 chest CITY AND STATE October 19 occur Breathing aubstances in har of m worf k hau rmfl ul to 1954 and What part or parts of your body were injured .. Lungs Lungs ween . lunge sete Full or part time work When did you return to work still disabled .. and at what wage Your wages or salary before before deductions $ maximumper hour or $ eee. ee per If paid hourly rate how many huurs did you work per week Did you receive any of the following Board Yes No Lodging Yes No State their weekly value $ TipsYes eeee . week or $ per No Other advantages Yes month No Have you been paid any compensation Yes No How much $$ wee we TOTAL AMOUNT Date when last payment made 202. 2. we eee ep 19 Has the employer or theinsurance carrier furnished you with any medical treatment Weekly rate of payments $ No 2 Date when last treatment was given res 19 List names of all doctors who have treated you and who were furnished by the employer or insurance carrier University of California '. have you phtained iny medical treatment at your own expense Yes -- List names of all doctors who have treated you at your own expense ........-.. ee No ee <i . W.. = Are you claiming any of the following benefits Answer Yes or No 2 c e Temporary disability payment 2 Yea 2 Further medical treatment Yas List other benefits claimed and not mentioned above 2 ee wee - b d Permanent disability payment . Cost of your medical expense ....c.000 cee eee - ~~ Ies meres eee - , -SMITH MUKAKARRIKA MUKAKARRIKA MUKAKARRIKA MUKAKARRIKA ~~ lolo FinaCn entc er i fia lal g SIGNATURE OF APPLICAR Date December December 20 20 . 1954 + 195 -- Lencourt 20092009 NOTE represence ATLARINGI ATLARINGI in peru by More than anghraisin anghraisin anghraisin bras oneT Que other acant been Girl with the ladantecal Accident Commission che parties will be anoined in wilting of the time and place of hearing Either party may be ANSWER The Letra'sol Letra'sol on rate pe out in the carver ft site anewer the unmer ataly on the prvoet prvoet within 14 after servire ad days be tied by answer be can filed copy of the application application the minilever as they will using the form furnished for be done by the carrine but that purpose It defendant empiorar la insured if the insurance carriaz is not nimed ben tha UAIP OF STAVICK SKEVICA SKEVICA ON Too 74 y y 75 RE a) od claim STATE OF CALIFORNIA INDUSTRIAL 000 MISSION STAKET San FranciSCO 3 ACCIDENT COMMISSION perliness claim 412 HELM BUILDING FRESNO 21 STATE BUILDING LOS ANGELES 12 ROOM 200 831 J STREET SACRAMENTO ROOM 214 E OCEAN BLVD LONG BEACH 2 1521 4TH AVENUE BAN DIEGO 1 JACK JACK QUIEBEATUUM . e CLAIM No. 247.7 161-070 161-070 NOTICE OF HEARING Applicant OF APPLICATION vs. FOR ADJUSTMENT LANT SUNDER ADD ANDITUD ANDITUD M^ HN M^ HNBASTRANG BASTRANG BASTRANG OF CLAIM CAR SAWY SAWY NEMURT CORK COMEDRADA COMEDRADA COMEDRADA AK LANTLANT BESTUS COMPCOAMPANNY COYMPANY WESTANK 2.363703 . GARY GARY J. T. THETHE l > and TVd_sis INGRCE CANY INDUSTRIAL INDUSTRIAL INDIGNITY INDIGNITY CY et al Defendant a You are hereby notified that an application to adjust a claim been filed with the Industrial Accident Commission of the State has been set for hearing at for compensation compensation a copy of which is of California California You are further notified attached that said hereto has application N. 200 1531 ouster . Caxland California on the 23rd day of May 1955 at 1:30 o'clock p.. All .. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law Note The parties are expected to submit all issues in controversy for decision at this hearing 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 25 AApprrilil 25 19195555 INDUSTRIAL ACCIDENT COMMISSION By HDKUN J. Thuk Jil Austone Secretary Francisco The undersigned certifies that as an employee of the Industrial Accident Commission Commission she served the foregoing notice on the parties hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a copy of the application therein mentioned in a sealed envelope in the United States mail on said day at California with the postage thercon fully prepaid and addressed to the said parties at their last known plaa cen s of busFirannecsisscoor Francisco residence as follows to wit NAMES OF PARTIES SERVID DATE OF SERVICE SERVICE see attached sheat FOMM 5 8t, moa, SIGNATURE] Cr he LE ata Dept. of Employ nox Occidental Life Ins Co. 1857 Oakland 300 Monomery Monomery Calif St. S.F. Calif 4/25/55 4/25/55 4/25/55 Jack Cuthbertson 2284 Holbrook Dr. Concord Calif " Smith & Parrish Fin Center Bldg Oakland Calif 11 rlant Huber & Asbestos horks 5309 Horton St. Emeryville Cal , Calif Armstrong Cork Co. 1355 Market St. S.F. Mundet Cork Corp. 440 Brannan St. S.F. Calif " Flant Asbestos Co. 5309 Horton St. 5309 Horton Emeryville " Western Asbestos Co. 675 Townsend St. S.F. Calif " J. T. Thorpe & Son Emeryville Calif " Travelers Ins Co. Latham Square Bld Oakland Calif M Indus Indem Co. 350 Sunsome St. S.F. Calif " State Comp ina Fund Personal Service " Employ racific Ins Co. 3770 viedmont Ave. Oakland Calif T Calif Compensation Ins Co. 28 Geary St. S.F. Calif " YWX Tingscial Canter Idg Laklandi Glencourt 2 2000 fB+- SIGNATURE APPLICANT SSS Date oe epg:ty 195 195 TELEPHONE KUMBE KUMBE SEARING After this application has represented in preion by attorney or other igent been adwith the Industrial Accidens Comainoa the pickin will be soufid in writing of the time and place of duclog Either party may be ANSWER ANSWER The defendsat un expected to fla in snewer within and the insurance cariver in properly missed in the application no empluses should notify the carrier immediately an the proper anewer 15 dies after service of aniver need can be bled be bl^,d by a copy of the application the employer at that will using the form firmaited for be done by the carriers but that purpose 3- a defendant employer is Inturad if the insurance carrier not warned then the DATE OF SERVICE SERVICE ON COMMISSION OFFICI 8 FRANCISCO STRLET JR NORTHERN CALIFORNIA FYCLPT SACRAMENTO COUNTFTI . 965 MISSION STRLET SAN FOR SACRAMENTO COUNTY ROOM 200 631 J SALLY SACRAMENTO ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION THIS SPACE IN SPACE SOUTHERN FOR SOUTHERN SOUTHERN SOUTHERN DIEGO CALIFORNIA CALIFORNIA 501 STATE BUILDING LOS ANGELES 12 1521 FOURTH FOR SAN 1521 1521 DIEGO COUNTY AVENUE AVENUE ONLY APPLICATIONAPLICATION APPLICATION AMIID FFOR OR HEARING HEARING 161-370 55 Case No. 55 ves Filed March 3 1955 ENTERED IN DOCKET _ ___. Employce's Name JACK JACK OUT Be tOy ype Lye ees . Employee's Employee's Employe 's Employe 's Address 2204 2204 Day Ui hoa. UNI | . STREET AND NUMBER Name of Employer . AITALIEJILT AITALIEJILT AITALIEJILT AITALIEJILT AITALIEJILT AITALIEJILT wet ee Name of - - _ Employer's Address TOWN OF CITY _ ZOMI STATE aeeeeete te STREET AND MUR canter concen see cee Insurance TOWN OR CITY ZONE STATE BENEET AKO NUMBER i CITY ! = \ Employee's name ep oray G eerdbbaln Dab eeecee | 1946-1954 Date of your injury 1946-1954 : Place where birth me eee Employee's date of birth Fink - 2 - 1925 | Employee's occupation ce at time of injury... Asbestos worker .. . . Francisco Calif injury occurred Dges)- CITY AND STATE ... ... When did you leave work a. as result of this injury September 30 1953 breathing How did injury occur What part or parts of your body were injured jaungo jaungo eabstonova in veurse 624 624 October 19 1954 haul to chant om rseaes seen 5 aeeettice ceenesatee tt ao cccecenvate coutemnectamc lungs cee ce When did you return to work Full or part time work Still disrblod ' 2 and what wage 8. work work Your wages or salary before deductions per hour or $ If paid on hourly rate how many hours did you work week screen ee Did you receive any of the following Board Yes No Lodging Yes No Tips State their weekly $ ono per week or $ oe cece cee oe per month No Other advantages Yes No Have you been paid any compensation Date when last payment was made Yes No Ch How much s .. - --+ TOTAL AMOUNT Weekly rate of ee Has the employer or the insurance carrier furnished Date when last treatment was given . you with any medical . treatment ree List names of all doctors who have treated you and who were furnished by the employer Yes No or insurance carrier payments .. | 2. re Have you obtained any medical treatment List names of all doctors who have treated it your own expense Yes you at your own expense No ..... Are a c you claiming any of the following benefits Answer Yes or No Temporary disability payment ----- Further medical treatment yes a b d Permanent disability payment 2. yes Cost of your medical expense eeteeeee Have you ever before filed a claim with this Commission Yes No a4 If so when was it filed a DATE Sol118 & PACKISPACH KISH JEPRONE ATTT ORNEA Y FORT APPI LICAV NT E Financial Canton Canton adap. ADDRESS akland akland _ of CUTHBERTHA CUTHBERTHA SIGNATURE OF te eet neeescteete APPLICANT tcc Date ulencourt 2 2000 a HT TELEPHONE errr Prarest & 195 NOTE HEARING represented in person by After this application has ectorney or ucher igent been filed with the Industrial Accident ANSWER The defendiat and the inaulance cacher to is expected to his an answer within emplarer should notify the properly minied in the appliestin no carrier soimediately in the proper answer 10 days after service power need be bled can be ^led of by DATE OF SERVICE SERVICE SERVICE ON Committion the parties will be nati nd to a copy ^> this appliecina the timplorer timplorer timplorer as that will whing the form be done by the writing of the tans and place of besting Either party may be furnubed for carrier but that purpose if the If defendant emplare la insured insurance car is not nammad than the forme " te wey Re CUTHBERTSON tac 7 161-870 List of bmployers Plant Plant Rubber Asbestos 5309 5309 Emeryville Horton calir works Asbestos Asbestos hestern Francisco 675 Townsend Townsend St. 3. J. Thorpe Thorpe & Emeryville Calif Calif 440 Mundet Corp. 140 Brannan Brannan San San Francisco Calif San Insulation Insulation calif San FranciscoFrancisco Armstrong Co. 1355 San Francisco Francisco Jan Francisco Calif Calls 5309 Horton Co. Emoryville Emoryville Calls Emoryville LIST OF INSURANCE COMPANIES COMPANIES Latham Square Co. Oakland Calif Bldg Industrial Calif Jansura St. San Francisco Francisco State Francisco Calif Co. San 450 McAllist5etr., San Pacific Employers Francisco Francisco Oakland Oakland 3770 Piedmont California California Compensation Calir Calir Insurance Francisco Calif San Francisco Francisco San Francisgo calif. Calif , ! \ ene enn pp / pt H -" > - ' Before the Industrial Accident Commission of the State of California 55 S.F. 161-870 : a + Notice of Time Applicant \ VS. PAKI AND KUSAAR KUSAAR AND ASDES708 WORKS CULPONATION CULPONATION CULPONATION ARMSTROSO CORA PLANT BIG TOS CONARY Divat Divat NanoET COILS J. T. THO.PE AUTOS COMP NY WESTERN AUTOS CONARY COMPANY INDUSTRIAL COMPANY IN UKAYCZ IN UKAYCZ AT SUN AND TRAVANCE TRAVANCE TRAVANCE COMPENSATION COMPENSATION INITY INITY COMPANI STALS COMPENSATION INDUSTRIAL and Place of Further Hearing STAMME STAMME ACCIDENT INSURANCE COMPANI Defendan@t NOTICE TO ALL PARTIES will be held in the entitled action at You are hereby notified that further hearing 963 in trest Can Francisco California on the 20 28T pene fee Sn BAK 19r5 ury 10 950 San Francisco he N rury Dated at 1950 as 9:00 o'clock Mission Street 1956 at 9100 o'clock o'clock a.m. a.m. Francisco ALL DAY 21st and also Culifornia , on the 21st sor of of Edmund J. Theman COMPUSsion INDUSTRIAL ACCIDENT COMPUSsion 4 Indisso California this 59th day of Danambur NOTE CONTINUANCES AND 1955 FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON 29 Ma Son attached age for servias 1:40 1:40 ' "'-- "'-- STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION fi ty ExEx Ex C C aro JACK CUTHBERTSON ne ' Claim 161 870 _ Applicant" vs. PLANT ~i al KUBBER & _ ASBESTOS WORKS Seeehnee- comm@amem ss mae eave ser cadseees peceemen es SUBPOENA DUCES TECUM The People of the State of California Send Greetings to ~ owe Personnel Manager Armstrong Cork Company WE at COMMAND YOU That all and singular business and excuses being laid ride you appear Pet nee metrme es ee eg and attend before the INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 965 Mission Street San Francisco Calif 9 3 Treen mm eee ee Febrery cee 04 2 20th day of _ , 19.56 testify in Industrial Pacific the above entitled matter now pending before the said at 1830 1830 o'clock o'clock Pa M. then and there Accident Commission on the part of Employers Insurance Company Insurance bal oT tlntetianen Sey TC attached affidavit vein a trat bying with you and then and there produce the following described documents papers books and records + | See le wae, , tm me motes pace an - cone erst en no ane for failure to attend you ~ ^rky sustained thinly thinly and will be deemed guilty of a contempt and luble so forfeit one hundred dollars in addition thereto pay she parties aggrieved all lover and Witness : ; , INDUSTRIAL OF THE ACCIDENT COMMISSION STATE OF CALIFORNIA CALIFORNIA tbit 50 of February t A.D 19 56 Bonusity 10 196 veo) Fillipi . nter nter treet ot adioco k fallforafa fallforafa atom ott tty Claim to 161 970161 970 Itc Nthorbian va riant Sulyouna - introwy introwy work Nuer . Company Vek ork, 6% al rest ea + be - oon tine for vo Manager of intrus Cork bany mibonana drud obrury 2 107 the attoirm the ao nc oknel fh of the la Ajeet mulquera van received by mistront work to 7 on Fermany 17 1996 uy the informatori informatori vigala at thor offio I will be reca nu to vary ar informatori informatori is have bog ro tt yet 1 forntion collai from personal recortreecorte at Mounter Ponila Ponila *** rounmable ling of thw will end for th'a in omation to in asoialurted 211 211 adving you win the information is neitia neitia la foxy tedy jours e Insulation Divielor e em : John , alor alor : al District Ha e Alt op Me fe ted, schiedt Jr. insurance Marunyy ote 0687-294 REFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 161-870 JACK CUTHBERTSON v8. Applicant ) ) PLANT RUBBER & ASHESTOS WORKS Defendants AFFIDAVIT FOR SUBFOENA DUCES TECUM FILLIPI im FILLIPI FILIPI STATE CITY AND W. OF CALIFORNIA COUNTY OF SAN FRANCISCO N. MULLEN ' being first Ex MULLEN MULLEN ) 83 ) duly sworn deposes and says~- That he is the attorney for the defendant Pacific Employers Insurance Company in the above entitled mattor That Personnel Manager Armstrong Cork Company has in possession or under HIS control the following documents which affiant desires to have produced at the trial of the above untitled action wit All records of employment of Jack Cuthbertson including nature of work done wages and periods of employment That said records contain ovidence which is admissiblo and material to the isnuos involved in the abovo entitled notion to determine the periods of employment and Application berdin the exposure as alleged on THEREFORE the affiunt esks that the said Industrial Accident i Personnel Manager Commission issuo a subpoena directing and and Cork Corporation Armstrong to appear and attend bofore anid Industrial Accident Commission February 1956 at 1:30 .. on 965 Mission Street San Francisco Calif nt and to bring with him said documents heroinabove described Subscribed and sworn to boforo no this 31st day of January 1956 ORAH M. NICHOLS NOTARY PUBLIC in and for the City and Can Francisco State of County of California STRVICE STRVICE UPON 29 Her Department of Employment P. O. Box 1857 Cwkland clif Uccisuntal Life Ins Co. 583 Market t 6 te Jack Cuthbertson 2286 Holbrook Drive Cincord walls waith & farriak 1616 Pinancial Center slag Okland # 117 Kilent ubber & Asbestes works 5309 Horton St. moryville 11 reptrong reptrongCork wo 1335 Market St. -6 |}, unce ork Corp. 440 - St. Ne ve lenAtsbestos Co. 5309 Marton St. imeryville Hoslern abastus vo 675 Townsend St. +s ... Thorpe & on Zeryville Glif Mf * work Insulktion J. AbKES AbKES UNAOK UNAOK Standard Accident insurance 'a/ Leonard Kanna & Drophy Drophy 100 co^flt co^flt co^fltthe Truvelers Inc. co^flt Industrial Indem.00 350 quare Jannone nitate nitate rund Personal Service Blog Oakland St. 3 7 C2 f 3770 basiLl eononi mp Ina o LeoLn eononiohanroin & dro hy ^ iedmont ova., Oiklan u f h 58 de va Hullen & Hilippi 315 bontocory St. b . unb a failure to attend you will be dermed guilty of a contempt and Iluble in par sa the parties aggrieved all lover and pray curtained Thanhy and forfeit one hundred dollars in addition thereto Witness INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CATHOKNA CATHOKNA 2d thit 3205 uf February . He , A.D 19 Au~ e ee hat 4? Ie? Before the Industrial Accident Commission of the State of California JACK CUTHBERTSON ma | 55 S.F. CLAIM No. 161-870 Notice of Time VS. Applicant .. } RUMBAK JUST COILK CORPORATION + CORPORATION PLANY ASBESTOS ASBESTOS NY CONFARY ASBESTOS CLAMP PLSTERX ALBLUTOS ALBLUTOS CONFARY J. T. THO..PE THO..PE Se and TRAYLORS COMPRAY MENITI TRAYLORS I MENITI MENITI QUMPANI Bae EMPLOYERS t Puvdleso EMPLOYERS MACHE MACHE AGGIDENT 1udv8 ANCE TRISTAL STALE CONFENSATION INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE COMPANY COMPANY and INSURANCE COMPANY TRISTAL Defendan,t and Place of Further Hearing NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the entitled action at 963 in Struct Can Francisco lifornia on the20th20thWack Son ed . Hbruary Hbruary 1956 ALL DARK ebruary DAY Dated at 1956 at 9:00 o'clock a.a. 5 Mission Street San Francisco at 9:00 o'clock n ALL and also California , on the 2124_10_ day of bin Iwabuisso California the 59th day of December 1955 INDUSETR dImAuLndACCJI.DETNThoCOmMMaIsSSCOIMMISOSIONN NOTE CONTINUANCES AND FURTHER HEARINGS are NOT FAVORED SERVICE UPON 29 MePMeP 300 attached age for servins Oumant Jack Cuthbertson Cuthbertson Cuthbertson 1/5186 1/5186 12/120/512/1260/56 " a BALTIMORE NEW YORK CLARKSBURG TULSA sf Louis CHICAGO LAOS LOS PITTSBURGH SAN SAN NEW NEW MIAME & AALS AS IDE ALEXANDER ALEXANDER ALEXANDER IN $ INCORPORATED INCORPORATED INCORPORATED INCORPORATED INCORPORATED AVERAGE ADJUSTERS 2225 NORTH ADJUSTERS INSURANCE ACTUARIES CONSULTING CONSULTING CONSULTING CONSULTING ACTUARIES ACTUARIES ACTUAACRTUARIIESES May 8, 1958 TELEPHONE TUXEDO 9-4304 TELEPHONE TELEPHONE TUXEDO 9-4304 9-4304 BELL SYSTEM TELETYPE Mre William William Hughes Manager Insurance Department Armstrong Armstrong Company Lancaster Pennsylvania Dear Dear Please note Travelers Policy No. RUB- 3386210 made of the following claint disposition Date Date Accident Claimanti Location Claim Claim Disposition Abt July 14 1954 Jack Cuthbertson San Francisco California 7585259 - 468.60 - 571.76 Comp Expense Remarks Very truly yours ALEXANDER ALEXANDER ALEXANDER . Finlay Indicate Whether? Auto Liability Auto. Liability B.I. P.DP.D.. P. . D. G. H. Finlay LOSS Finlay Finlay . i aN General Liability Liability P.D. P.De jm ae a. y ft * a M44 f Yoon EDMUND D LEONARD 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 HERBERT HOWARD C. JENSEN ee H JEWEL EDWARD W. KORAB LAW OFFICES OF LEONARD HANNA & 100 BUSH STREET BROPHY . SAN FRANCISCO 4 YUKON 2.6077 March 9 1956 Armstrong Cork Company 304 Shaw hoad South San Francisco Francisco California Attention Mr. John Re S. Taylor Jack Luthbertson V. Armstrong Cork Company Colyany Standard Accident Insurance et kl 76 0 622198 Dear Mr. Taylori berved on you by the law fim of Mullen ad The subpoet yom attention by ar Platt of Filippi na been forward 1 note in the the Standa Accident Insurance Insurance Company est is in the process of materials folwared that fr to the subject subpoena accumulating materials in response and ~~ at the case nas been heard This will any be that you ignore the submitted We therefore subpoena try yours HHJteb HHJteb cc Armstrong Cork Company Lancaster Pennsylvania Pennsylvania Attention Mr. R. C. Schiedt Jr. cc Standard Accident Insurance 417 Montgomery Street San Francisco Attention Mr. L. W. Platt Company Feorusry 2, 1956 Standard Standard Insurance Company 417 Montgomery Montgomery Ban Francisco Francisco California Gentlemens Attention Mr. John Halloran Subjects Subjects Subjects Main 96 622198 Cork Co. Assured^> Armstrong Claimants Jack Jack Cuthbertson D Unknown conn Subpoma eonnee~ received from our San Francisco Francisco Francisco office is office Ve We malosing malosing written claim claim Jack Jack Cuthbertson our San Francisco letter by tion with Mr. John 8. Taylor and the copy representing representing District Manager which is one the law representing btyheth tehe Rubber Rubber Asbestos Works GOBOe the Latest of on this subject was refer to previous correspondence subject subject latest of 1955. vhich dated August 12 1955 in reply to your vhich vhich the Mistrict Manager your contacting Mr. John 8. Taylor what Mistrict Amager be Ye of appreciate letting him know just of required required Francisco office required required the hearing also occurred the the years Outhbertson's with Armstrong employment compensation occurred during the years Standard docident carried our workmen's working with coverage we presome presome Standard docident Insurance Company is Standard Very truly yours ARMSTRONG COME COMPANY COMPANY Enclosures C. Schiedt Schiedt JY. Insurance Department Taylor NOTE NOTE S. Ingalation Division Francisco Francisco pertaining In the future S- will to Accident Accident Insurance correspondence office in in this this claim directly to San Francisco sending sending Standard Insurance Company's office copy letter transmittal transmittal office @ of your letter Ben Francisco, sending this S. S. To From Subject Inter - Inter Communication Armstrong Lancaster Insurance Department, To Co C. Schiedt Insurance Department Lancaster From S. John Taylor Cork Company February 165 1956 Subject Subject Cuthbertson Se Ss 572-24-8568 if aod n Q 20 20 on this subjects the latest . correspondence Please refer refer previous correspondence correspondence on this please which under previous +0 161-870 of of which . company July company wagesy Subpoena Subpoena Claim requiring our Enclosed Enclosed Enclosed Subpoena records 161-870 requirirnegquiring work company company to employment nature records including done wages , appear appear periods employment subpoena issued issued the and representing representing Plant Rubber This Company you along Asbestos Asbestos representing defendants of the defendants of of insulating houses Industrial that to before before Accident Accident Commission Commission the Rubber The State case is February Industrial Industrial February opinion the requested California 1956. State probably records records and 21 representative representative opinion was Asbestos representative probably Company verify that our this & good Company than other employment extension good deal extensive an a a to the law firm requesting extension extension extension requesting information copy the letter of time in view view of fact that the has extension if information information requested of from Lancaster Lancaster supply further that there we have information to supply this we have need wages for will will 19555 involved involved this point and furthecrommunique need wages for the periods as indicated in your order et the this 4f this is in order 7% San Francisco Insulation Division Jo Ge Murphy, Pode files well as Notice of of Hearing Document local files Subpoena for for our Local Form 3377 8-46 Jebruary 16 196 wha )Fillipi Leo toe ter ter treet ow cice L altfornia tag Claia No. 161-770 Jac Otherton va Plant winod~ ng ' mtronbark mtronbark mtronbark Aler Company Veee Usd ory 2% al Lor oe to rette ta ete oes of tine for t aduna jo amaturuny Cork ompary mbgvera dutedduted abrury 2 1976 tu amarance a vibed fs of th . rumroll fact subpoena van received by rumroll vors comparty comparty at ca eta on Fourary 1 1'6 & the inforest 3. ine a atau in , Haule at the offion It will ue necarniszy to have 28 aoe tat fora tien comalls roriental roriental roriental record at snurter snurter Pers ivania am roanwable lunges of tin will 41 oo And for this in oration to be assialuited ell ell advise you mun the information is avillzola by trdy yours Insulation livirior ae . John . Lor : District Ma ger , Jr. srance Dept. fea 1. Kaphy SAN 2617-- TE fee | | x ra |3: | A l | | { BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 161-870 JACK CUTHBERTSON V8. Applicant ) PLANT RUBBER ot al & ASBESTOS WORK AFFIDAVIT FOR SUBFOENA SUBFOENA DUCES TECUM Defendants STATE OF CALIFORNIA phone 2-7361 Montgomery Montgomery 39 CITY AND COUNTY OF SAN FRANCISCO =) W. N. MULLEN =, being first duly sworn depeses and says That he is the attorney for the defendant Pacific Employers 3! Insurance Company in the above entitled matter That Personnel Manager Armstrong Cork Company has in possession or under HIS control the following documents which affiant desires to have produced at the trial of the above untitled action wit All records of employment of Jack Cuthbertson including nature of work done wages and periods of employment That said records contain evidence which is admissible and material to the issues involved in the abovo entitled notior to determine the periods of employment and the exposure as alleged on | application berdin THEREFORE the affiunt esks that the said Industrial Accident | Commission issuo a subpoena directing shid Personnel Manager Armstrong Cork Corporation to appear and attend before said Industrial Accident Commission on February 1956 at 1:30 | .. 965 Mission Street San Francisco Calif at and to bring with him said documents heroinabove described Subscribed and sworn to before mo this 31st day of January 1956 ORAH M. NICHOLS NOTARY PUBLIC in and for the City and County of " Can Francisco State of California } } TSR, ROLLE . . | SERVICE UPON UPON ther Occinontal Occinontal Life Ins Co. 583 Market t @ Pe Jack Cuthbertson 2284 Holbrook Drive Concord Calif with & ferrisht 1616 Financial Center shig 5.kland ' 117 Plant subber & hubeates works 5309 Herton St. moryville Slf 5309 Juncet Cork Corp. 440 'nuan St. >. . Plant Asbestos Co. 5309 Martes St. imaryville Heilema sbestos Co. 675 Townsend St +6 ... Thorpe & on meryville Calif CBf CBf Jork Insulation -o ALLXESS ALLXESS URAHO K Standard keeldent Insurance ve / Leonard & Drophy Drophy Co. square , square Travelers Ins Co. Industrial Indam.Co 350 square Sannome 3ldg Oakland 3ldg auk auk auk Calif setate rund Fersonal Service 100 Junh seonuru hanna & Joh^ Joh^ dunk 8ws he Hulic & Filippi 315 Montgomery St. 5. . STATE OF CALIFORNIA $ DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION ExEx Ex os 0-830 0-830 rs JACK CUTHBERTSON oo. --- ..-- -+--- Applicant _ VS. . SUBPOENA DUCES TECUM g1 al come cowie meee nee ot ene namomrones a Defendent The People of of the State of California Send Greetings to __ Personnel Manager Armstrong Cork Company and excuses excuses being last ride you appear and attend before the 34 COMMAND YOU That all and singular business INDUSTRIAL INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA Calif 0 cen ee ee a 965 Mission Street San Francisco w th 20th day of Februry opens ,19 56 1:30 o'clock Pr M. then and then entitled matter now pending before the said Industrial Industrial Accident Commission on the part of LS testly in the shove Pacific Employers Insurance Company and there produce the following described documents papers books and trem^s cat you bring with you end shen meee ane for a failure to attend you will be dermed guilty of a contempt and Huble so pay to the parties aggrieved all lover arad hundred dollars in addition thereto dataks sustained thereby and forfeit one Witness INDUSTRIAL OF THE ACCIDENT COMMISSIO COMMISSIO STATE OF CALIFORNIA CALIFORNIA CALIFORNIA February nos CamNEY Sar velery, Atiteat tadare, Hotere. == - J&L GM of the State of California Before Before Industrial IndustrialAccident Commission 55 S.Fs 161-870 Cram Neo.. Applicant - vs WORKS ARMSTRONG CORK NORDET ASBESTOS CORPORATION PART NORDET CORE cub COAST COMP VISTUR ADESTOS ADESTOS COAST KT and TRAYLOR CORFENSATION CE CORFENSATION ARMSTRONG J. T. ASBESTOS COMPANY T. TROMPE TROMPE INDUSTRIAL Notice of Time Notice Time Time and of TAL You are i February Dated Fisso Fisso che JOE TO ALL PARTIES jon at NOTICE above above-entitted act further hearing will held in the notified that that 2tC hereby on California San Francisco 1956 Mission Struct also also Francisco o'clocok 'clock a.m. and California Of the 236.20. Mission Mission Street o'clock San Francisco California o'clock Francisco California 97: % 09:000 o'clock .. in, J. Fe SCR COMEISSIO Fisso Edmund Thomas , yar, 5 tide December 29th day 29th NOTE CONTINUANCES CONTINUANCES CONTINUANCES AND SERVICE UPON 1955 FU FURTHER HEARINGS SERVICE UPON: attached -- MeP NOT FAVORED FAVORED 9-27-49 t 572-24-8565 572-24-8565 10.5.- 10.5.- -49 2 week 9-6-50 9-6-50 5 12-22.50 12-22.50 12-22.50 16 weeks 12.23-50 ( 12-21-51 50 vertre out 4-3-51 4-3-51 to 4-2-3-51 4-2-3-51 ceo work 1949 1950 1950 1951 1951 ; 1.75 2,50 2.50 2.50 2 weeke 16 men wher 14 wher August 12 1955 Standard Accident Insurance Company 417 Montgomery Street San Francisc4o California Gentlemens Attentions Subjects Mata 96 0 622198 Assureda Claimants Jack H. Mr. John Hallorm In reply to your letter of August 3 regarding Jack H. Cuthbertson our recorda indicate he worked out of our San Francisco office as an asbestos verkar and had nothing to do with our manufacturing operation at Bouth Gate The endorsements office and do and Contract 38221 you mention apply to our Los Angeles not involve Jack H. Cuthbertson Prior to hourly rate was 2.50 After July 20 his rate increasetdo 20 1951 his 2.71 The customary work week was 40 hours with occasional overtine We trust the above covers all the questions raii n ys oure letd ter of August 3 Very truly yours ARMSTRONG CORK COMPANI E. G. Schiedt Jr. Insurance Department OM H F ^ JP JP PEARY JR Chairman of the Board PLATTS President BROWN Vice Pres A Sacretary KIAK Vice Pres & Treasurer HACKER Vice President ah / . 4 wow y -- -- PAUL WILSON Vice PresiPrdesideentnt E A WARNICA Vice President President PE LAYMON LAYMON Vice General Counsel President and M A Counsel Counsel WHITE . Vice PresiPresident dent Standard Accident Insurance INCORPORATED J634 Company CASUALTY INSURANCE + FIDELITY AND SURETY BONDS ROY W SMITH RESIDENT PRESIDENT SAN FRANCISCO BRANCH OFFICE 417 MONTGOMERY ST PHONE EXOROOK 2-8036 SAN FRANCISCO 4 CALIF Armstrong Cork Company Lancaster Pennsylvania t August 3 1955 ~ 4.30 8/8/558/8/55 LA Gentlemen Wn Tseme Re Claim 96 c 622198 Assured Armstrong Cork Co. Claimant Jack H. Cuthbertson A unk In connection with for benefits under the the above captioned which is a claim Workmens Compensation Law because made by Cuthbertson of contacting your employ regarding I have contacted your San Francisco office for this information informed me that all records are at and they have advise which particular office the your Lancaster claimant worked office Will you also from Our report of please for No. the year January 1 1949 to January 1 1950 197571 that Armstrong Cork carried Workmens indicates that coverage by Endorsement companies other than Standard Compensation Insurance with Accident Insurance Company for operations con- ducted by Armstrong Cork at or in direct connection with at Southgate to January 1 California Report of coverage for the 1951 by endorsement 207854 indicates manufacturing plant period January 1 1950 the above mentioned the same situation Insurance Company endorsement for this period of coverage by Standard Accident Company The January 1 1950 to January indicating the policy does not San Fernando Road Los Angeles Union Pacific Railroad 1 1951 coverage also has endorsement no 528855 apply to the following Meyers Bros. , 3407 41 Olifornia Contract 38221 ~ Work performed for The report of coverage for the that by endorsement no period January 1 585437 the 1951 to January 1 1952 indicates Company does not apply to Myers Bros.3407 policy San with Standard Accident Insurance Contract 38221 -work performed for Fernando Road Los Angeles California Union Pacific Railroad Also by endorsement liability 216894 on the same period of coverage the employer warrants that his Page -1- Planet Insurance Company Detrait . Standard Accident Insurance Company Detroit . Sener Pilot Insurance Company Toronto Page -2- are insured Along these by insurance companies other than with Standard lines could you therefore please advise whether Accident Insurance or not Mr. Co. Cuthbertson's employment with Armstrong Cork came within the reach of the above to us mentioned a list of endorsements For this reason I would appreciate your forwarding the company offices out of which Mr. Cuthbertson worked and also whether or not any mentioned endorsements of these offices came within the purview of the above Thanking you for your courtesy and cooperation I am JH Very truly yours .an a JOHN HALLORAN Claims Representative ACCIDENT ACIDENT NSURANCE STANDARD STANDARDC*OMPANY COMPANY COMPANY STANDSATARNDADRD COMPANY DETROIT V P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 July 21 1955 a ~ Mr. x C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster FennsylvanFeninsylvaania Dear Dick ne Jack . Cuthbert on AN Thanks for your letter of the 20th en- closing photostatic copy of the hearing hearing Schedule at Cin Francisco for Centerber 7 1955. I have forwarded some to the Standard Accident insurance insurance Company Company together with the information you gave in your letter and with Thanking you for sending kindest personal gords this I am on to us Very truly yours V. V. L. P 4, TCENCY TCENCY maw t- be . Shriver Shriver July 20 1955 our to us regarding a slain filed by 572-248568 Cuthbertson Bosial Security 572-248568 weakRsecoridsnin19d51iente he worked two nine wee1k i9n5s 11f95o4rty weeks weeks in in 19521952 1949 sixteen weeks in 1950 forty weeks in 1953 fifty in 1954 quittingquitting July 14 1954. Al of l his employment aoncdcurtrweednty- malosing Francisco photostatic sepy bearing scheduled for September We are malosing 1955 at of a Francisco 7 adjuster in 8m Fr^ciseSstaHnodawredveirssiif deynotuwrilelqupirroebaadbdliyticoonnatlact Traveler7s information Very truly yours B. G. Schiedt Jr. MP Insurance Department Enclosure Mr. J. E. Fannon Alexander& Alexander Inc. 503 St. Paul Place Baltimore 2 2Md John G. Murphy Insulation Division San Frmaisos R. G. Schiedt Jr. Insurance Department Imsaster Jack H. Cuthbertson Social Security 572-24-8568 July 20 1955 AIR MATE Our files produce the following record of employment for the above named asbestos workers 9/27/49 to 10/5/19 9/6/50 to 23/50 12/21/11 4/23/51 12/22/51 to 12/26/52 Out to 12/24/53 12/27/52 10/26/53 Out 9/2/53 to 12/25/53 to 7/24/56 2 weeks 16 weeks work work 49 weeks Due strike Siok 29 weeks Quit 7/24/54 InsulationExhibit fl we have listed all the contract mumbers on which Cuthbertas during the calendar year 1953. In addition we have listed each payroll week during which he might have worked one or more days The Insulation Division informs us that all contracts were magnesia covering except those marked othersse Exhibit 2 indicates with whom we had the contrast and where located in California Edibit 3 Hats some of the men who worked with with Cuthbertson on the contructs indicated We believe your records would indicate the more reomt addresses of these man Although you requested sixilar information for all of Cuthbertson's employ nat the above applies only to the year 1953. Considerable time was involved in obtaining this 1953 information most of which had to be taken directly from the payrolls We of course v^ntto supply Travelers with all the infomation necessary to defend a claim of this kind Howev inetr he vritar's experimes to have never been asked to mapply the detailed infor- nation requesbtyeMd r. John Wallace John G. Murphy 2 July 20 1955 We have notiof ur i bre okd er V. L. P. Shriver igeney ting Standard Accident Insurses Company regarding this claim AJP Incentres se non t st ent 1200 } Hr J. E. Fannm ^ Alexan Aled xae ndr er Inc. 503 St. Paul thise 1200 Baltimore 2 Md 2 copies copies Memorandum in Duplicate with enclosures Onstruct No. Yook Ending Dute 16553 = 1/25/53 ee 1/4/53 ALi... 16759 eal 7/3/53 2/4/53 abfa = 16879 zon), 6/21/53 6/11/53 1/11/53 1/11/53 6/14/33 Contract No Week Ending Date ATROSE. 6/21/53 6/23 2700 2/2/53 r} 2/25 2/25 V5 V2 ay 5/3 5/3 5/3 270943 270015 2/25/53 2/25 2/22 3/2 3/8 4 /12 4/5/53 board 77006917 279093 5/24/53 Covering 2/22/53 2701-77 5/3/53 glas 7/12/53 11/8 5/3 12/20 11/22 James A. Fazio Oakland J. H. Pinkerton On S. F. Andergon & Rows Inc. 8. I. Zattles Inc. B. 7 Hottanchan Co. 8m Mates Broadway Plumbing 7 Atles Heating & Ventilating Co. S. Y. George X. Vierhols 8. F. Kallemalm Co. 1. 7 Manshen Co. 3. F. Cahill Bros. 8. 7 27006912 Beantums Dairy Delivery 8. F. 270093 Western Plumbing & Heating 8. F. Wintery County Plumbing Co. Oncland 270157 Bai01o1 Cno. of Calif 8. F. Location Hapa State Hospital Isola Eegen Jr. High School Vallejo State Department 8. F. Moffett Field U. S. Army Eden Township Hospital Castro Valley Olympia School Valleje Rim Township Hospital Castro Valley Emters Point Housing B. F. Travis Air Force Base Fairfield Travis Air Force Base Fairfield 3. F. Brewing Corp. S. 1 Boardmans Dairy Delivery Oakland Sacramento Valley Tr^mitterStation Winter V. S. Army Air Bass Camp Beale Union 011 Co. of Calif Oleum Refinery Rodso Armstrong -- --" --...COMPANY John G. Murphy Insulation Division San Francisco R. C. Schiedt Jr. Insurance Department Lancaster Jack H. Cuthbertson Social Security 572-24-8568 LANCASTER PENNSYLVANIA PENNSYLVANIA July 20 1955 AIR MATL Our files produce the following record of employment for the above named asbestos workar~- 9/27/49 to 10/5/19 9/6/50 to 12/23/50 to 12/22/50 12/21/51 Out 4/3/51 to 4/23/52 12/22/51 to 12/26/52 Out 5/9/52 to 12/26/52 6/2/52 12/27/52 to 12/24/53 But 9/2/53 to 10/26/53 12/25/53 to 7/21/54 2 weeks 16 weeks 50 weeks No work 49 weeks Due to strike 45 weeks Sick 29 weeks Guts 7/24/54 On Exhibit f we have listed all the contract numbers on which Cuthbertson worked during the calendar year 1953. In addition we have listed each fiscal payroll week Insulation Division during which he informs us that might have worked one or more days all contracts were magnesia covering The except those marked otherdse Ehibit 2 indicates with whom we had the contract and where located in California Exhibit 3 lists some of the men who worked with Cuthbertson on the contracts indicated We believe your records would indicate the more recent addresses of these mM Although you requested similar infomation for all of Cuthbertson's employment the above applies only to the year 1953. Considerable time was involved in obtaining this 1953 information most of which had to be taken directly from the payrolls We of course want to supply Travelers with all the information necessary to defend a alain writer's experience we have never been of this kind However in the asked to supply the detailed infor- mation requested by Mr. John Wallace John G. Murphy -2-+ July 20 1955 We have notified our broker V. L. P. Accident Insurance Company regarding Shriver Agency this olaim representing Standard AJP Enclosures Mr. J. E. Fannon Alexander & Alexander Inc. 503 St. Paul Place Baltimore 2 Md 2 Armstrong -- -- mPa NY-- Jahn G. Murphy Insulation Division San Francisco R. C. Sahl^,dtJr. Insurance Department Lancaster Jack H. Outhbertson Social Security 572-24 8568 LANCASTER LANCASTER PENNSYLVANIA PENNSYLVAPEN NNSYI LVAA NIA July 20 1955 ARMA Our files produse the following record of employment for the above named asbestos workert 9/27/49 to 10/5/19 9/6/50 to 12/23/50 to 12/22/50 12/21/11 12/26/52 Out 4/3/52 to 4/23/51 12/22/51 to 12/26/52 Out 5/9/52 to 6/2/52 10/26/53 12/27/52 to Out 9/2/53 to 10/26/53 12/25/53 to 7/21/54 Quit 7/24/54 2 weeks 16 weeks 50 weeks No work 49 weaka Dus to strike 45 weeks Sitak 29 weeks On Ruhi fl b wei hat ve listed all the contract numbers on which Outhbertson worked during the calendar year 1953. In addition ve have listed each fiscal payroll weak dur whici h hn e mig ght have worked one or more days The Insulation Division informs us that all contracts were magnesia covering except those marked otherdse Exhibit 2 indicates with whom we had the contrast and where located in California Bibit # lista some of the men who worked with Cuthbertson on the contracts indicated We believe your records would indicate the more reomt addresses of these nn Although you requested similar infomation for all of Cuthbertson's employamt the above applies only to the year 1953. Considerable time was involved in obtaining this 1953 information most of which had to be taken directly from the payrolls We of course want to supply Travelers with all the infomation necessary to defend a claim of this kind However in the writer's experience we have never bem naked to supply the detailed information requested by Mr. Jolm Wallace John G. Marphy 2 July 20 1955 We have notified our broker V. L. P. Accident Insurance Company regarding Shriver Agency this claim representing Standard AJP Inclosures Mr. J. E. Fannon Alexander & Alexander Baltimore 2 Md 2 Inc. 503 St. Paul Place 66553 Natruct No. lock Ending Date 8= 1/25/33 2/4/53 2/4/53 16759 a 7/5/53 7/1/53 2/6/53 6/22/53 6/24/53 1/21/53 6/24/53 Entract Ho lockading lockading Date aEROGG, 6/22/53 2M 2/2/53 gm 270015 2/25/93 4/5/53 -8300 270069x2 27009270393 A 2701.012701927 70192770197 5/24/53 Covering 2/22/33 3/3/53 Fibre Fibre 7/22/53 28-928 12/27 11/15 9/6 11/15 12/20 REA. Contract Wit Janos A. Fraio Omkl^d J. H. Finkerton Co. 8. F. Anderson & Rowe Ins 8. F. Battles Izo 7 McClenahan Co. San Mateo Brosby Plumbing 8. F. Atlas Heating & Ventilating Co. 8. 7 Caorge I. Hashols 8. F. MeClemahan C. 1. J. McClanahan Co. 3. F. Cahill Bros. 3. 7 Boartans Dairy Delivery 8. 7 Western Plasbing & Hosting S. F. Monterey County Plumbing Co. Osklmd Union 011 Co. of Calif 8. 7 Location Napa State Hospital Imola Bogm Jr. High School Vallejo State Department S. F. | Hoffett Field U. B. Army Elan Township Hospital Castro Valley Olympie Behool Vallaje Eden Township Hospital Castro Valley Hunters Point Housing B. 7 Travis Air Force Base Fairfield Travis Air Force Base Fuirfield 3. F. Brewing Corp. 8. 7 Boardams Dairy Delivery Oakland Bacramento Valley Transmitter Station Winter U. B. Army Air Base Comp Beale Paion 011 Co. of Calif Olam Refinery Rodse Augme Markland Robert Cassady Steala 270093 270043 Laim 270043 Hillvard Flanier 46851 Loyal 270157 Centruct No. Week EndiRnag te 46543 1/25/53 66997 1/1/53 2/22 oad e 16159 |= PAY 7/5/53 1/2/53 sei. 80 16801 6/22/53 6/24/53 16579 ZO 2/22/53 2/22/53 6/24/53 2-2937 Contract No. Yook Ending Date wom, me 2700/3 89 6/22/53 6/23 2/2/53 2/8 2/15 3/15 V9 4/5 Wig 1/25/53 2/8 2/25 V1 3/6 22 33 ee vin 5/2, 7/2 Me oe 12/6 me v9 6/6 12/6 12/20 9/6 n/s 12/27 11/29 12/6 12/20 12/20 12/20 270069X2 4/5/53 Cork- board 5/24/53 Co k Covering 270091 2/22/53 A 3/3/53 Fibre ga 2701.52 7/22/33 7/19 11/8 EE Contract Kitk James A. Fazio Oakland J. E. Pinkerton Co. 8. F. fadarson & Rowe Ing 5. F. Fattles Inc. 5. F. MaClemahan Co. San Katao Brandhay Plumbing 8. Y. Atlas Hosting & Ventilating Co. 8. F. George H. Vienhols 8. F H llaahanC. & Y. McClanahan Co. 8. 7 Cahill Bros. 8. F. Boardama Dairy Delivery 8. T. Western Flambing & Heating 5. Y. Monterey County Plumbing Co. Oakland Union 011 Co. of Calif 8. F. Location Espa State Hospital Imola Engm Jr. High School Vallejo State Departzant 8. F. Moffett Field U. 8. Army Eden Township Hospital Castro Valley Olympia School Vallejo Rien Township Hospital Castro Valley Emters Point Housing 5 7 Travis Air Force Base Fairfield Travis Air Force Base Fairfield 8. F. Brewing Corp. 8. F. Boardams Dairy Palivary Oakland Saarmento Valley Tr^mitterStation Winter 5. 5. Army Air Base Camp Beale Bal01o1 Cno. of Calif Olama Befinery Rodeo ii 270043 He. 270043 Robert 270 101 270043 oe High Tem F6673 L eo. 2-8-53 Wea L eeebas| 4 5-2-53 | fA ae 8. 53 Te) 2-8-53 2-8-53 fol | No PL ,," tL. Coral 46685 | E/E) ral Co 2-8-53 Septet) Hie ety ao ie 76693 | eed, 6-17-52 2-1-53 Ci cfb sheet a) | Arentid WLM By cod 777729 | 6-17-52 6-17-52 2-1-53 atacet| | Faces CISLS Wee Fotee 987798171 Western Chart Fain 27779 Chart 5-6 SB Fain rio]y fe Spray 53-5-3-5 on Betthaatte 397 SB ee Western Acting Acting Acting SB SB SB SB ~; WeWsetsetrernn Western Chart Chart ActiActninggActing SB 15-5 + | aly: gold ioe SB g ~ al dy REP 5-6 33.5.3 33.5.3 fo. . credy . Lars ude fd. oda te 210 | J de, credy credy ee rr 1-755 pe, / aE)/ dye ods. LAL Zh | oe kel CO dc 1-755 53-5-3-5 oT LP aly 511 Abide WY 53-19-255643 -533-5-35-5 19-21-526145&3 PL Atal MME ASH or | Git gon 10-5-521-15 917 : Tapas 10-5-521-15 tpalay )eralh | 1g reed Yih oA LX Rrbacs 76537 Josh Josh10-5-521-15 10-5-521-15 10-5-521-15 55 Cied Plage Plage Lab Ford 76537 Joshis Fratessa monting Cied PlagLabeLab Ford and 8167939 Abe10-19-52 110-19-52 3.29.532-1-53 Chee Nas Me daiaal Aas |! Lf. / 11-9.52 11-9.52 -25-5-235-53 ee ee PR 46859 468594685946859 <a 16-26-516-26-5 ee Nely 4665 4665 Ge 26153 Wander QR 14687 921.5 146867 =~ Blay Wander Satching bw. 19.54 261253 a 16-26-516-26-5 Sel = ab.55 1 921.5 26153 261253 ~ 119.54 2 i + Hood Wander OD nag Nely Nely f Ni 4 ON. te +4 19.54 Pte ae ai = es = a oT - es we ~te e - a ee + ~ o Ta Cpeet tats an! Se oT a : a d i1 a te co i oe _ an : i th myaa t a 7 _ en _ ne = [ = fesad = a = || | Year - 1953 baris Sutharter Sutharter Sutharter Sutharter Sutharter Account Welding Contracts Contracts Contracts Asociate -46699- Water e Merle 400} Traverse oe mat ~ 2284 Holbook HolbookDr., Concord Concord AND Water Yt *Asociate Worked Worked Alove Water ion Steele Stele . H 572-24-8568 572-24-8568 . 572-24-8568 Pipe Lovers : Number Number I 471-268471-26-8 471-2647-1-8268 Traverse di Hote di Hote (3 <4 odiyp 1-18 468/79 ol, cif e Worked Worked Alone Alone : tif: hid. i . . | 1-25 146553 [il] |i] Merle Steele ! 471-26- Pe ae 1 | D 466996 LEP 2 [oi] Exgene Pattison 573-16-5504 573-16-504 ia ee } oe i | Worked Worked Alone | ; L it. ao 270043 L 2-1-53 2-1-53 . -390 41-7390 417 by, | Worked Alove | ! =e iy 270043 | 491-26-40 491-26-4400 270043 |. | Merle Steele Wi) 7 2-15 7 27641276641 . Hartlan ee 270-643- ee eee Richard 59-2-5307 559-22-5307 re re re 2 wot, ip. 22 ee 466992 466992 en | Robert Cuthber SON 568-287686 568-287686 568-28768 a 270.043 2 fd, 270093- or ed .* as a, s. - 3-1-53 1466179 1466179 weds ee ne ee ed. tf. oad 76699 76699 38 76699 Merik Steele Mil 471-26-7400 . |i} i TT. , 29004 |i 1 4 || Robert Cuthbertson Cuthbertson A 568-28-7686 EE. Lp} 471-26-4400 | y 1275043- 1275043- |. if Merke Merke Steek Stek Cuthbertson 471-26-40 |: . . | - 3-22 a | | 1 - 4 a iL 370x41- 370x41- . - - * ar t boo. - t 4661975 to 2/2007/3 ae 2/207/3 ee | Robert Lo Robert Cuthbertson Cuthbertson 565-38-7686 |i] | HAWAY CASSEdy | 526-14-3061 526-14-53260-146-31061 | Cas ady e e Second -- -- ---- 1253 Associate Asociate WorkeWorrker and Account Sup ber Robert Robert Cuthberton Cuthberton Cuthberton Acount 568-28-7686 568-28-7686 568-28-7686 |i A 4-19 [stepeiage |! 372441 4-26 274041 274041 . he 700/41 fF 376-101 - 5-10 16377 -270041 = 5-17 46697: 5-24 -217-641- HK 120uls Liv [| 525-15-7396 |i t "yoo. a t 525-05-7376 i oe ae a Poet t H yds RichAR MARTIN | 559-2215307 [| | Potent | FM Richard Martland Martland Martland 559-122-5307 59-12-5307 : L a ar aes : Robeat . z - ; L . Worked Alonet | Jefe to. Worked 159-078 -Kenneth HillyARd Y 1559-07-9809 159-07-9809 ) 1-1 _ -2-730-4 : . 270143 |. 6-17 eo 46557 46557 [fi _ -270001 pe. [e! 6.31 6.31 err -270005 -270 5^ BARths B. Lyster 748-16-9302 748-16-9302 748-16-9302 | 1: itt | Worked AloneLyster yo [sth i tk Judson G. Fleming j 556-03-3180 |) [qo b. G. Fleming a "; i bt : Edward Gardne 553-122-12 53-12-12 553-122-12 i : ee Edward " Fok ro - Third Page 1953 Vand 15. RENTING RENTING CONTRACTS -28-53 -28-53-28-53 27000571- 27000571- ASSOCIATE WORKER ANd Pecount Pecount Number [| Sidney |i] | 557-09-7635 | | 7-12 -46759 -46759 : || George EISA 1} 7-01-9221 7-01-9221 ||, George 296452796457 Dol | EAR Beck || 567-40-5157 |.) = ] | | 7-19 ' 270.157 oo} - (| John Myers Moi 556-10-0134 556-10-0134 1 7-26 i 270043- 270043- tid | U i Robest | | | , LY 8-2 270041 =~ Last y IRWIN GAY ||. 1564-09-5623 1564-09-5623 |: 8-9 270041- 270041- 8-16 . 270941 _ 270043- 270043- 8-23 270041 . 559-22-5307 |e | Richard MARTNdy, 7 4M fe. Sato elf 2 as oe R.beat ee es be beds i. yt! : Worked Worked Alone L i ok i} yt ! t ao i). oa 8-30 9-6 sick out sick 270043-27043- toggl 290043 - | John Myers |W} . 556-10-0134 | | Richard Nelson i] 1 462-242856 462-242856 : John Myers Jil 156-0413 1556-10-4134 156-10-4134 : - : t a - : : + - |. | 118 3190043 - Loyal Bloxam (1) | 567-246237 567-246237 Le 90 57-- .? nn (ie me 7 re re iy. 11-22 3700741 |} ag [pi] Art Mclure i] 442-01-1118 42-01-118 {oi ol. tt ef i i sf Fourth Page - 1953 Jack Cuthberton ContracsEding Week Ending Contracs -2/7041Contracs -2/70/41 1-29-53 11-29-53 Contracts Contracts -2/70 /41 -2/70/41 -2/7041 7041- 12-6 7041- 7041- 770041- a { 290 4329029004329004343 290 43 29043 e 12-13 ! > 141 oe 27.0 Lg teaf 12-20 12-20 27.0 +96 -210-210-210 pe -2100 t _ TT ete e kk a __ wt . an 1 4 Ts~~ e whc - : e er oD ene er i a 1 ase Soueneeaee ee ! coe ao ' _ eo ' ASSOCIATE WORKERWORKER ANDANANDD AcountAccount Number NumberNumber Loyal ASOCIATE WORKERBloxamBloxam Bloxam WORKER Pobeg 567-24-6237 567-24-6237 567-24-6237 567-24-6237 : Loyal ASOCITE we567-243 e ART Mc Loyal BloxaBmloxBalmoxam Bloxam BloxamUNDA Be As! 567-24637 567-2437 a 442-01-1118 42-01-1842-01842-01-18 te 567-24-6237 567-24637 567-24637 & A s i 7 pe se e eT Loyal e ; + te a a a ro i clenh TS foe an e Ee 4 eb et e - bes 7 4 a be = - wh Loa a Rk et = . 7 cone -cst - : 1 = Cc - eo: en a ed ry ve Doeane LT ne Oa ane ; eo ene an e vane en : bo 4 bos eee ene : oT i a oe oper poy Soeboi _. Seer eee Ce e pentper e e ob che + i ed e ene SOE CE wef - Ee fe So | ~ yon - BIG : . , aan claim Vr FRANCS er FRANCS EV y Before the Industrial Accident mission of the State of California JACK CUTHBERTSON CUTHBERTSON CUTHBERTSON 4 CLAIM NO. 5.F.161 8705.F.161 870 Applicant . VS. CONFORATION 3T05 PLANT KUBBER AND ASBESTOS WO.IS COMPANY MUNDET CORK ARKITACNG PLANT FJB CONK ANY WISTIAN ASBESTOS COMPANY T. THO AND INDEMNITY and TRAVEL INSURANCE INSURANCE COMI KNY INDEMNITY COMPANY STATE COMPENSATION COMPENSATION INDUSTRIAL INSURANCE FUND PACIFIC EXPLOYERS INSURANCE CO and Defendant | CALIFORNIA COMPAND COMPAND TION INJURANCE CO , Notice of Time and Place of Further Hearing NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the entitled action at 965 Mission Street San Francisco California on the 7th day of September 1955 at 9100 o'clock a.m. to complete the record Dated at San Francisco California this 22nd day of June 1955 INDUSTRIAL NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED ACIDENT ACCIDENT COMMISSION Employment 55-403 55-403 SERVICE UPON Department of Occidental Life Ins 6 22 55-403 Calif P. P. 0. box 1857 Oakland Calif Co. 300 Montgomery St. 5. John 5. Negrette Jack Cuthbertson 2284 Holbrook Drive concord Calif Smith & Parrish 1616 Financial center eldg Oakland Calif Plant Lubber Labberk beatos works 5309 Horton St. Emeryville Calif Kundet workCorp 440 Brannan St. . X. St. Plant Asbestos Lo 2309 Merton St. Vestern sbestos Co. 675 Townsund Emeryville se ve Calif J. 1. Thorpe & son Emeryville Calif Cork Insulation .. Address unknown Travolere ins o Lathes square bldg Oakland Calif Industrial Indem.vo . 350 Sansone -bog eo Ve State Fund araonal Service Pacific Emp Ins Co. 3770 Piedmont Ave. Okland Okland 118 Leonard Hanna & trophy 100 ushes ushes o fs Pacific A ins Ballen & Filippi 315 Montgomery ^"t** ie FORM 400 REV } 6188 10-14 TOM SPO Qa 9.275 9-66 9-66 cewr 10-5 ve yr tm, 12:22 12:22 ad 16 marekan out 4-3 to 4.23 no ujost 12 22 12-26 4 4 la 12.276 12.276 45 wahn 45 * 12-24 out sic4 h-24-2 file 10-26 10-26 12.25 .25 - 7-14 at 29 wok Inter - Office Communication Armstrong Cork Company _ To From Insurance Department Lancaster July 8 1955 John G. Murphy Insulation Division San Francisco Subject Jack H. Cuthbertson Social Security 572-24-8568 re 1 1955 WL The writer is enclosing our file concerning a current claim by the papers above listed former employee together with the information Please return these requested below Mr. John Wallace of the local Travelers Insurance Company today requested a record of employment for the above con- struction employee This list should indicate period of em- ployment location on of each job contract He would contract number name of job and further like to have names and addresses of other employees on each job for the purpose of establishing the working conditions Mr. Wallace carrier for also 1951 requested us with a copy to to send him a letter advising to our insurance them of this claim and asking them to contact the of the next hearing and to represent commission for the us at the hearing date If this is in order please advise MR Encl A Murphy Form 3377 8-48 March 23 1955 Kr J. L. Imanen Alexander & Alexander Inc. 503 St. Paul Place Baltimore 2 Md Dear Mr. Fannoni Subjects Jack H. Quthbertson Social Security 572-243--75852398568 of correspondance concerning a potential Ve are enclosing copies individual In all probability 's mmpensation alain of theofmethnetiinfoonrmeatdion contained in these probabiliprobtabilyity ywith otuhealerxesaedpytihoanveofmoosutr letter to the Travelers San Francisco letters office with had these copies made for you in sase you shoul^" need them Very truly yours ARMSTRONG CORK COMPANI Insurance YBEL AST Enclosures Vallase B. Hofferth Assistant General Manager March 23 1955 Your let of t Mare ch r 10 addressed to our San Francisco office has been referred to us for reply Speciyf ou i reqc uesa tedlinl formay tion the dates and conditionsconditions of employment for the period Nr Outhbertson ras far as the sonditions of employment are concerned they would be the average type ensomit n ie ndr uste rid al insulation work with corkboard sork covering and magnesia pipe covering being the primary materials handled in a position to fumish Mr. Outhbertson's dates of amplay ment to a degree which should be satisfactory He was emplo iny1e 94d0 1941 and 1942 but the extent of his employment during these years is not our records have been destroyed Ha ame back to work in 1949 and worked ecatimously with the exception of the following periodes In 9/27/19 Out 10/5/49 In 9/9/90 Dub 4/2/51 In 4/23/51 Oub 5/9/52 In 6/2/52 Out 9/2/53 In 10/26/53 Oct 7/26/26 Tee Travalars Insurance Company oie Mar 23c19h 55 If you need my additional information please call on us. Tery truly yours ARMSTRONG CORE COMPANY Insurance Department MAP MAP Wallace B. Hofferth Assistant General Manager Copies tos Mr. J. E. Fannon Mr. J. G. Murphy Alexander & Alexander Inc. 503 St. Baltimore 2 Md Insulation Division Ban Francisco Paul Place Inter - Office Communication Armstrong Cork Company / From Insurance & Real Estate Department Lancaster J. G. Murphy Insulation Division San Francisco March 17 1955 Subject Jack H. Cuthbertson S.S. 572-24-8568 Travelers File 7585259 a 7-14-54 Reference is made to our letter of November 8 1954 to the Travelers Insurance Co. a copy of which is attached As a result of this letter Travelers advised place of accident unknown the writer to This was done file an accident report with on November 10 1954 Since that time various hearings have been held on the subject letter Under from The date of March Travelers 10 1955 we received the following The above captioned case will be set for another hearing before Industrial Accident Commission in the iterim we desire information from your records WPH WPH 3/21/55 3/21/55 3/21/55 Will you please give us a complete run down the dates of employment and the conditions of employment that is what materials were worked what ventalation was offered etc. as to with . We appreciate that Mr. Cuthbertson worked for your for about three and one half years and that our request might entail difficulty in fulfilling We appreciate information you are able to give to this office any Signed K.M. Norris Compensation Adjuster With reference to conditions of employment materials etc. covering it would be the average type encountered in Industrial Insulation work It is suggested you answer this inquiry direct with a copy for our files pfg Form 8877 8-48 Gf m Lo 3 16/24 s ge a, / 9/27/49 9/27/49 in fl " hd 4/23/51 4/23/51 4/23/51 4/23/51 in - 5/9/52 = | fl ~ " 9/2/53 " 10/26/55 in 7/14/4 7/14/4 fl- quit quit 19.5 Lol pfU ae 1949 a eae The 315 San Travelers Insurance Co. Montgomery St. Francisco California _ Attention Subjects Claim Departuant Jack F. Cuthbertson Social Security 572 24-85658 72 os 24-8568 WRH WRH 1/15/54 11/15/54 Gentlemen The above man quit on July 11 1954 Armstrong as an Asbestos Worker more than weekly earnings of 120.00 por weak after being employed two years with prox by Mr. His wife called this office November 4 1954 stating that Cuthbertson had recently undergone a lung oporation caused by asbestosis No further clarification was given _ writer is passing along the information olain for the in case call but the of any future Very truly yours ARMST ROHO CORK COMPANY Insulation Division os John G. Murphy Construction Supt Blind copy to Francisco Insurance and Real Estate Dept. Lancaster John S. Taylor Insulation Division San Francisco Frited Note to Insurance Dept Frited Reference is made to correspondence between San Francisco branch J. W. Liddell Insurance mise and Real Estate Dept. Travelers Insurance Co. mise lain Standard Accident Insurance Company dated Co. March 6 13 16 1953 re Harry M. Kish who apparently died from asbestosia on March 19 1952 with the outcome of this The writer is not familiar claim but perhaps the phone call would indicate a mise lain similar claim in the Niture EMPLOYER'S REPORT OF INDUSTRIAL INJURY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH Every question must be answered fully to avoid further correspondence FAILURE TO FILE IS A MISDEMEANOR SUBJECT TO MAXIMUM FINE OF 100 Labor Code Sections 6407-6413 Claim Department THE TRAVELERS INSURANCE COMPANY 315 Montgomery St. San Francisco 4 Calif employee Please make this report in DUPLICATE so that we can file copies with Division of Labor Statistics and Research in your behalf services other than first Every work injury to an employee which causes disability lasting longer than the day of the injury or which requires medical services must be made by telephone or telegraph directly aid treatment must be reported within five days after the injury the injury results in death a report to the Division of Labor Statistics and Research not later than 24 hours after death DO NOT WRITE EMPLOYER IN THIS COLUMN Give name under which does business 1. Name concern No. and 1355 Armstrong Armstrong Armstrong Case No. 2. Office address Manufacturing 1355 retailing Murbet 3. Nature of business clothes trucking for hire etc ) Employer No. INJURED yack 4. yack 2284 5. Address No No and 2284Holbrook Holbro kHolbrook Holbrook Holbrok Holbrook Drive Drive Cuthbertson Concord Concord 6. Age 7. Sex Check Male Female week 40 9. Number of hours wo3r.ke1d7pe5r 25,40 10. Wages 3 .. 3.175 day eee 8 1 per . hour or $ 25,40 per day or $ B. Check Married _.. Number of days worked per week 5. 127,00 127,00 127,00 .per week If earnings at irregular 11. VARIED VARIED as piece work or on commission basis enter actual average weekly earnings for convenient period If board lodging or other advantages furnished in addition to wages give estimated value to exceed one year day or & ee cesses rate ..per 572-24-8568 Industry such Age | week Sex and Marital Status Street Yes UNKNOWN UNKNOWN ACCIDENT 12. Place of accident No. and 13. On employer's premises .... - UNKNOWN 14. Department fo of UNKNOWN Date of accident 15. Yes or accident No Yes or this day Not we nee wee 16. Hour of 18. If yes give date last worked 20. injured in mine check .A. .A.M P M .M accident location Surface County Weekly Wago 17. Did Injury result 19. in disability beyond Was injured paid in .. MIL Underground .. Shaft day of full for County Accident Date WORKER ASBESTOS CAUSE OF ACCIDENT 21. Occupation job title .. WORKER occupation Describe press Less months occurred Check briefly than 6 shoveling walking EQUIPMENT QUCTS AND operating months 2 to years 5; over 2 years 23. NSULATING NSULATING NSULATING NSULATING NSULATING NSULATING EQUIPMENT EQUIPMENT struck 22. What - How long employed by you at this employee doing when accident IPES _ Occupation MPLOYEE VOLUN VOLUN CAUSED WITH ASBESTOS DUEMPLOYEE WORKING WORKING WORKING CAUSED MATERIAL MPLOYEE INSULATION MATERIAL Agency TABILY 25 OF WORR WORR QUIT ON substance WITH most 7-14-54 ANOTHEendent ANOTHEendent ANOTHF Eendent O NamR e thSeIMI YELRAInvolvR ed applianceTapplianceYPE Agency 26. 27. 29. If mechanical apparatus or vehicle what part of it motor Yes or Were mechanical guards or other safeguards provided No What do you recommend forpreventing preventing this type of accident etc. Yes wee toe . 28. Was injured using them No State specific the not my preventive measures that can be taken by By being more careful Specify what should and employer or should not be done ed Mech Defect Unsafe Act NATURE OF INJURY INJURY Describe in detail detail the 30. of right index finger at AND PART OF BODY AFFECTED nature of the injury and the part of the body affected second joint fracture of ribs lead poisoning dermatitis For example amputation For left example amputation UNKNOWN ce ne nee eatneneme ot 31. Name and addreas of physician 32. 33. 36. 38. Name and address of hospital ...... -Y . es work Has employee returned to No Yes or Did injury result in death No 37. 34. If yes give date ... If yes give date In case of death give name and address of nearest relative 38. At what wage $ UNKNOWN UNKNOWN per. 39. Names and addresses of witnesses Personal Detect Es Nature Injury Location Extent of Injury a Insurance Carrier 40. 40. la injured related to Employer ... Report Lag Signed by 4587 Rev 53 PRINTED IN A SSignature of this is not an admission of liability No report of injury required to be Filing report shall be admissible as evidence evidence any adversary by an employer or an insurer by This chapter 6413 ceeding before the Industrial Accident Commission Labor Code Section filed pro EMPLOYER'S REPORT OF INDUSTRIAL INJURY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH Every question must be answered fully to avoid further correspondence FAILURE TO FILE IS A MISDEMEANOR SUBJECT TO MAXIMUM FINE OF 100 Labor Code Sections 6407-6413 Claim Department THE TRAVELERS INSURANCE COMPANY 11-15-6 11-14 5-64 red 315 Montgomery St. San Francisco 4 Calif filed De J Research Please make this report in DUPLICATE so that we can file copies with Division of Labor Statistics and in your behalf Every work injury to an employee which causes disability lasting longer than the day of the injury or which requires medical services aid treatment must be reported within five days after the injury If the injury results in death a report must be be made by telephone or to the Division of Labor Statistics and Research not later than 24 hours after death E Cy hall light telegraph telegraph directly name under which EMPLOYER 1. Name concern AStreer t mss hoes trmen'o s ng Manufacturing 2. Office address : retailing Industrial 3. Nature of business clothes trucking for hire etc. Pot sop City Town San Franci Franci Franci Calif Insulation an ee ~~ cesses sesace INJURED EMPLOYEE INJURED Jack 5. Address Cuthbertson .... Street = 2281 Holbrook Drive State .Soc Sec No 577-24-8568 577-24-8568 Concord Calif IN THIS COLUMN Case No. Employer No. Industry 6. 9. 10. 11. Age 7. Sex Check Male Female B. Check v Number of hours worked per day per week seven .... Number of days worked per week Wages $ ... 3,175 25.40 127.00 per h our or t . soars per day or .. } 127.010 27.00 per week If earnings at aa piece work or on commission bass enter actual average weekly earnings for convenient period not to exceed one year advantages If bourd lodging or other furnished in addition to wages give estimated value varied per day or . .... irregular wee rate ruch per weeki ACCIDENT No. and Street Unknown 12. 13. Place of accident On employer's premises Yes No 2 ne ees 14. se ces Town vn City or Department County 15. Date of accident the day accident Yes or No or Yes ee en 16. Hour of day A.M./P.M 18. If yes give date last worked 20. If injured in mine check accident location Surface 17. Did lajury result in diability beyond day of 19. Was injured paid in full for Ml. Underground Shaft CAUSE OF ACCIDENT 21. Occupation job title .. Asbestos Worker 12. How long employed by you at th^<a occupation Check briefly months operating Describe Less than truck etc Insulating Pipes Equipment occurred drill press shoveling dirt walking down stairs years employed to years ; over 23. What was Ducts and doing when accident pote eeseneeweesesntee Age Bex and Marital Weekly Wago County Accident Date Occupation 24. How did the accident happen Describe fuly contributing accident the injured side report for additional space all Allegedly caused Aabestosi duse to working with insulation material Duployee voluntarily quit similar type work with another . What machine tool substance or object was most closely connected with the accident 23. gas liquid etc. Involved Accident Type Agency Agency Part 26. 27. 29. State if gears pulley If mechanical apparatus or vehicle what part of it motor etc. ane wrinestertnsennnsnse te neennsee tee nese cenescey sates ee saeseenenens Yes or tec cee inemcesceeneee provided Ware mechanical guards or other safeguards provided No this accident What do you recommend for preventing this type of accident -- THE . 28. Was injured using them Nal (28. 2 once esse seceseneensnteees Stantoet specific the say preventive measures By being more careful by that can be taken Specify what should employer and workers or should not be done ee uae Mech Defect Unsafe Act NATURE OF INJURY Describe in detail the 30. of right index finger at AND PART OF BODY AFFECTED nature of the injury and the part of the body affected second joint of fracture ribs lead poisoning dermatitis For example amputation of left hand etc. . Unknown 31. 31. 32. 33. 36. NNaammee aanndd aaddddrre ea a ooff pphhyysisciiacni__a_n___p_hy_sic_ia_n_____ ee ee Name and address of hospital __..... Yes or Has employee returned to work Noj Yes Did injury result in death No 37. ee oe 34. If yes give date If yes give date 38. In case of death give name and address of nearest relative 38. At what wage . per. Personal Defect Nature of Injury Location Extent of Injury 39. Names and addresses of witnesNCE -.. 40. la injured related to Employer TQ. occ ue If so how Date of this report _ 11-10-51 11-10-51 ceteesces ee enaeeaseueee 4587 Rev 53 PRINTED JM " Signature " Filing of this report is not an admission of liability No report of ungury required to be by an employer insurer by this chapter shall be admissible as evidence in any adversity ceeding before the Industrial Accident tonimsion tonimission Labor Code Section 6413 6413 filed pro- Insurance Carrier Report Lag Coded by November 8 1954 The 315 San Travelers Insurance Co. Montgomery St. Francisco California Gentlemen Attention Subject Clain Department Jack H. Cuthbertson Social Security 572-24-8568 The above man quit on July 14 1954 Armstrong as an Asbestos Worker more than weekly earnings of 120.00 per week after being employed two years with prox by His wife called this office November 4 1954 stating that Mr. Cuthbertson had recently undergone a lung operation caused by asbestosis No further clarification was given writer is passing along the information claim for the in case call but the of any futuro Very truly yours ARMSTRONG CORK COMPANY Insulation Division JGM MR Ip John C. Murphy Construction Supt Blind copy to Insurance and Real Estate Dept. Lancaster John S. Taylor Insulation Division San Francisco Note to TT Insurance ee emernrmes Dept Reference is made to correspondence between San Francisco branch J. W. Liddell Insurance and Real Estate Dept. Travelers Insurance Co. Standard Accident Insurance Company dated March 6 13 16 1953 re Harry M. Kish who apparently The writer died asbestosis on is not familiar with the March 19 1957 outcome of this claim but perhaps the phone call would indicate a similar claim in the future BEFORE THE INDUSTRIAL ACCIDENT COMMISSION | a OF THE STATE OF CALIFORNIA a 7 Notice and Request for Allowance of Lien SAN San Francisco Office 965 Mission Street San Francisco 3 Sacramento Office 631 J Street CLAIM No. ONT ONT INSTAL LIM 175 60OF WALIS LIEN GLAIMART VS. JACK N. CUTRITION EXPLOYEE ARISTROJO Conx TRAY LERS IRVINITY IRVINITY __ EMPLOYED INSURANCE CARRIER Los Angeles Office 501 State Building Los Angeles 12 San Diego Office 1521 Fourth Avenue 503 Market Street 50 701500 waliforda ADDRESS 220 Bolonk rive Concord California California LJDRESS ma 1355intMayktSf 315 Francisco St. Francisco Calif ADDRES { ADDRESS The undersigned hereby requests the Industrial Accident Commission to determine and allow as a lien the sum of Pivo traxited ninely ninely one and 07 ********* Dollars 573.57 ) against any amount now due or which may hereafter become payable as compensation to_ on account of injury sustained by him on June 1973 MATE Jack H. Cutiberizon EMPLOYER applicable expenses senact venl~ ntal reliabl not venl~ ntal Cross This request and claim for lienis for for reliabl o out venl~ ntal 2. to formadical + paid under - of The undersigned declares mailed 12-28-54 12-28-54 12-28-125-428-54 that he delivered or a copy this lien claim to each of the above named parties on uci aco Ly -- -- DATE . we ae Ae ae acts LIEN CLAIMANT EMPLOYEE'S CONSENT TO ALLOWANCE OF LIEN I consent to the requested allowance of a lien against my compensation compensation FORM 320 REV 11-53 ATTORNEY FOR EMPLOYEE INPLOYEE 84 67533 17 800 a80 Qe -- a Ts Data Mr. 2-7 2-7 Time 9:25 WHILE YOU WERE OUT Mr. Schaeffer Schaeffer Phone DO 2-3600 2-3600 2-3600 TELEPHONED CALLED TO SEE YOU WANTS TO SEE YOU Message wheJruley -JuClyuth5bA ertsonutes 871 Wabbers Mission St S. F. 3 Number 8 Operator . STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION pestment 65 Mission Strakt San Francisco 3 412 HzLM BUILDING FRESNO 21 Room 200. 631 J STREET SACRAMENTO STATE BUILDING LOS ANGELES 12 ROOM 214 100 E. OCEAN BLVD Long Beach 2 1521 4TH AVENUE San Diego t JACK CUTHBERTSON CLAIM No 54 161-870 Applicant VS. ARMSTRONG CORK COMPANY TRAVELERS INSULINCE COMPANY PLANT ASBESTOS COMAY COMAY INDUSTRI^ L INDEMNITY COMPANY WESTERN ASBESTOS COMPRAY and STATE COMPENSATION INSURANCE FUND Defendant . NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM 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 Street Oakland California on the 17th day of February 1955 at 2:00 F.M. ALL F.M. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law NOTE The parties are expected to submit all issues in controversy for decision at this hearing therefore all necessary witnesses evidence documents medical reports payrolls and ocher essential proof must be available and ready for submission at the hearing Dated January January 12 , 1955 1955 INDUSTRIAL ACCIDENT COMMISSION By EDMUND J. THOMAS JR Assistant Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a place of Fungico copy of the application therein mentioned in a sealed envelope in the United States mail on said day place of California with the postage thereon fully prepaid and addressed to the said parties at their last known residence as follows to wit NAMES OF PARTIES SERVED DATE OF SERVICE Jack Cuthbertson 2284 Holbrook ohlth ohlth furrion lolo Financial rmstrony dork 1o 1355 urtat Dr. Concord Center lig Calir Jakland 1/12/55 * Calif " St. ath Francisco Calif I . Lint nsbaston Co. 5309 Morton t meryville Calif Calif TERE estern 500stos Co. 675 Townsend St. un frincisco Calif TERE Travelers ins Co. Lathum square sldg Oakland Calif TERE Indus Indemn Co. 350 Sunsome ..t San Francisco Calif TERE State Comp Ins Fund rersonal Service vf FORM 35 RKV 0.541 0.541 SIGNATURE 5248 1.38 Bom ( Gro ie COMMISSION OFFICEB OFFICEB FOR NORTHERN CALIFORNIA EXCEPT BACHAMENTO COUNTY 965 MISSION STREET SAN FRANCISCO 3 FOR SACRAMENTO COUNTY ROOM 200. 631 J 6TIKET SACRAMENTO ONLY FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 801 STATE BUILDING Los ANGELES 12 FOR SAN DIEGO COUNTY 1621 FOUrth Avenu BAN DIEGO 1 ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case No. 161-870 51 SF Filed 12-21-54 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET BY__ Employe 's Employee's ~ CUTHBEN 8 Social Security ......... 0 2a ee oe Name of Employer 1 Armstrong Cork CompanyCompany x Travelers Insurance Company Asbestos Company Name of Insurance Carrier . 3. Western Asbestos Company StateSC tate ompensation Employee's 2284. STREET AND NUMBER Employer's San Address __ Latham Latham FranciscoCalifornia _. SquAI AND NUMBER NUMBER Bldg Oakland ___ 5309 Horton Street neoryville _ Insu50 SAMREME St. San Fr^/ncisc Carrier's Address 675 4T5o 0 wnsend Francisco Fund Townsend Townsend Townsend Stus den Francisco rote den den Francisco Francisco chllister St. ZONK San STATE Employee's name Jack Cuthbertson Datoef your injury 1949 1954. oe ee Place where injury occurred How didinjury occur a CITT AND STATE ^ reathingaubstances in What part or parts of your body were injured __ Langa When did you return to work till disabled Employee's date of birth Employee's occupation at time of injury When did you leave work as result of this injury September 30 1953 October 19 1954 course of work barnful Full or part time work and at what wage Your wages or salary before deductions $ maximmper maximmper hour or $ per Yes If paid on hourly rate how many hours did you work per week__ Did you receive any of the following Board Yes No Lodging No Tips Yes State their weekly value .. -week or $ No Other advantages _- per Yes month No Have you been paid any compensation Yes No $ How much .. TOTAL AMOUNT Weekly rate of payments $ -...-.. .--- Date when last payment was made _...- -- Has the employer or theinsurance carrier furnished you with any medical treatment Date when last treatment was given re 19 . andwho List names of all doctors who have treated you were furnished by the employer University California ra lave you obtained any medical treatment at your own expense Yes No List names of all doctors who have treated you at your own expense Yes No or insurance carrier ...... 1... Are you claiming any of the following benefits Answer Yes or No a Temporary disability payment Jaga --- c e Further medical treatment Yes. = List other benefits claimed and not mentioned above b d Permanent disability payment .. Cost of your medical expense Have you ever before filed a claim with this Commission Yes No tS If so when was it filed _. .. . - .... -. - SMITHKAN SMITHKAN ~~ 1616 Financis enter -- APPLICANT --daeCkuthbertson SERATUSE OF APLICANT Date Desember 1954 =~ NOT zej resented HEARING HEARING in prie After this application has attorner of other agent been bird with the Industrial Accident ANSWER and the interque in expeted ra lile in shower within from panedto the application in after 10 days anwar need write of he hied by employer sult antsy thecarova immeritlicely on the proper answer can be fled be Communion the partion will be satined in writing of the time sad place of houring Richer party may of a copy this application the onlyer onlyer at that will uning the form furnished for be dina by the curtiers but that purpose If if the insurence 5 defendant employer is invered carrier is not need then the DATE OF SERVICK SERVICE SERVICE ON FORM 34 city & 51 104 104 ae ae t ~ tg with File with claim pertinent STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION STATE BUILDING LOS ANGELES 12 968 MISSION STREET SAN FRANCISCO 3 412 HELM BUILDING FRESNO 21 Room 214 100 E. OCEAN BLVD LONG BEACH Z 1521 4TH AVENUE SAN DIEGO 1 Room 200 631 J STREET BACRAMENTO JACK CUREMENTS 2 lye Applicant VS. FLAT QURSER AND AESTUS WORKS CORPORAT COK SUMANY SUMANY MUNDET CONE CORPORAT KOBESTOS LANT BESTOSCOMPANY COMPANY HEJTKAN CORPORAT TRUNG A INSURANCE CORRY CAY et al INDUSTRIAL INSERITY INSERITY Defendant CLAIM No. 54.8 . 161-870 NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM notified that an application to adjust a claim for compensation a copy of which is attached hereto has further notified that said application You are whietrhebtyhe Industrial Accident Commission of the State of California You are been filed has been set for hearing at K. 200 23rd day 1531 Neuster St. Cakland California on the of May 1955 at 1:30 o'clock p.n. All .. and that at said time and place the Industrial Accident Commission of the State of California dispose of the said application in the manner prescribed by law for decision at this hearing therefore all necessary NOTE The parties are expected to submit all issues in controversy be available and ready for submission at the hearing medical reports payrolls and other essential proof must will proceed to witnesses evidence hear and documents Dated AApprrilil 25 25 19551955 INDUSTRIAL ACCIDENT COMMISSION By BUND J. THM, JR Assistant Secretary envelope of the Industrial Industrial Accident Commission she served the foregoing notice on the The undersigned certifies that as an employee of said notice attached to a hereinafter mentioned at the time set opposite their respective names by depositing a copy Francisco parties mentioned in a sealed envelope in the United States mail on said day day at San San Francisco Francisco Francisco copy copy of the apapplipcatioln ication therein , the said at their last known places of business or California with the postage thereon fully prepaid and addressed to parties residence as follows to wit NAMES OF PARTIES SERVED DATE OF SERVICE see attuoned sheet FORM 85 GEM 954 954 SIGNATURE SIGNATURE 5245 SOM SPO eel SPO her Dept. of Employ vox 1857 Oakland Calif 4/25/55 Occidental Life . Co. 300 Montgomery St. S.P. Calif 4/25/55 Jack Cuthbertson 2284 Holbrook Dr. Concord Calif 32 432 Smith & Farrish Fin Center Bldg Oakland Calif rlant Ruber & Asbestos Works 5309 Horton St. EmeryvilClael Armstrong Cork Co. 1355 Market St. S.F. Calif Mundet Cork Corp. 440 Brannan St. 5.F. Calif 5309 42 Plant Asbestos Co. 5309 Horton St. Western Asbestos Co. 675 Townsend St. Horton Kneryville S.F. Calif Pund " J. T. Thorpe & Son Emeryville Calif Travelers Ins Co. Latham Square Bldg Oakland Indus Indem Co. 350 Sansome St. S.F. Calif Calif State Comp Ina Personal Service Pacific Employ Ins Co. 3770 riedmont Ave. Oakland Calif Calif Compensation Ins Co. 28 Ceury St. .F. Calif COMMISSION OFFICES FOR NORTHERN CALIFORNIA EXCEPT SACRAMENTO COUNTY SAN FRANCISCO STREET FOR SACRAMENTO COUNTY ROOM 200 631 J STREET SACRAMENTO ONLY FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 501 STATE BUILDING LOS ANGELES 12 FOR SAN DIEGO COUNTY ONLY 1521 FOURTH AVENUE ARCIDED ARCIDED ARCIDE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION ARCIDED ARCIDED FOR HEARING Case No. 55-161 37055-161 370 Filed March 3 1955 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET Employee's JACK OUT Bedtsog Social Security No. 2 Name of Employer UTALREDIST UTALREDIST cee UTALREDIST Name of Insurance Carrier .... peat AT Tati ded Employee's Address 2284 DAAK UNIVE STERET AND NUMBER NUMBER ee Concord eee Concord TOWN OR CITY Employer's cee Address California ZONE wees STREET ANO NUMBEN coeeeeceeceee STATE S ce nee ates TOWN OR CITY Insurance Carrier's Address ee STREET AND HUNGER ZONE STATE eee : CITY ZONE STATE Employee's name J Gr iribea baw by- ~- Date of your injury .._... 194 -1954 1944-19414-199 54 n5i4 Place where ee injury occurred San Francisco Calif tonne CITY AND STATE birth -.E.mp.l_o.y_ee's date of Employee's occupation gar dp. ae -1928 at time of injury ^ sbestos-wo When did you leave work as result of this injury September 1953 How did injury occur What part or parts October 19 1954 WSPORitgs cances in Jourse work October shest lungs of your body were injured When did you return to work -- Still disabled Full or part time work and at what wage hance ct eetete ee ee Your wages or salary before deductions Sexi per hour or $ week hourly week If paid on rate how many hours did you work per per ............... or $ seo per month Did you receive any of the following Board Yes No Lodging Yes No Tips Yes No Other advantages Yes No State their weekly value $ Have you been paid any compensation Date when last payment was made Yes No How much .. 0 TOTAL AMOUNT Weekly rate of payments $ 19 Has the employer or the insurance carrier furnished you with any medical treatment Date when last treatment was given 19 Yes No ye List names of all doctors who have treated you and who were furnished by the employer or insurance carrier .. medical by Have you obtained any Ye List names of all doctors Univered treatment who have treated - your own expense No you at your own expense Are a c e you claiming any of the following benefits Answer Yes or Temporary disability payment Further medical treatment = = s List other benefits claimed and not mentioned above No - b d Permanent disability payment Cost of your medical expense Have you ever before filed a claim with this Commission Yes No x If so when was it filed DATE Smilla 6 FAKISA REPRESENTATIVE OF ATTORNEY FOR APPLICANT Financial Financial Cactar Adg ADDRESS tukizni tukizni _ a LCK CUTICAL MEA SIGNATURE OF APPLICANT ^lancourt 2 2000 TELEPHONE NUMBE ik 2 , A, eee 195 Soe HEARING After this application has represented in person by attorney or other agent been flad with the Industrial Accident ANSWER The defendant is expected to file an answer withis and the insurance carrier is properly named in the application no employer should notify the carrier mediately so the proper anawat 10 days after service answer need be bied can be fled of by Commission the parties will be notified in a copy of the application the employer at that will using the form be done by the writing of the time and plece of hearing Either party may be furnished for carrier but that purpose If defendant employer is incured if the insurance carrier is not named then the DATE OF SERVICE SERVICE ON hanna ne 920 ARB R JACK CUTHBERTSON IAC / 161-870 List of Employers Plant Rubber & Asbestos 5309 Horton St. Emeryville Calls works hestern Asbestos Co. 675 Townsend San Francisco Calif Emeryville Calif Mundet Cork Corp. 440San Brannan St. Francisco Calif Cork Insulation Co. 3an Francisco Calif Armstrong Cork Co. 1355 Market 3t San Francisco Flant Asbestos Co. Calls Emeryville Calls LIST OF INSURANCE COMPANIES COMPANIES Travelers Insurance Co. Latham Square Bldg Oakland Calif Industrial Indemnity 350 Jangoma St. San Francisco Co. State Compensation Ins Fund 450 Kellister St. San Francisco Calif Pacific Employers Insurance Co. 3770 Piedmont Ave. Oakland California Compensation Insurance Co. San Francisco STATE COMPENSATION INSURANCE FUND EXECUTIVE EXECUTIVE OFFICES | 450 MCALLISTER STREET " SAN FRANCISCO I R EARL HOWARD C MILLER DONALD GALLAGHER J H LEIMBACH MO MO MANAGER MANAGER _ss COMPTROLLER COMPTROLLER COMPTROLLER COUNSEL MEDICAL DIRECTOR Industrial Asaident Commisaicn 965 Mission Street San Francisco California LOS CHICO FRESNO LONG BEACH OAKLAND SACRAMENTO SAN DIEGO SAN JOSE STOCKTON > 1955 June 1 _f aa -. Jack Cuthbertson C Re IAC 161-8 0 P We are enclosing additional reports as follows H. Corwin Hinshaw M.D. George A. Watson M.D. May 24 1955 May 10 1955 Copies of said reports are being mailed today to the persons and addresses shown on the attached sheet < Very truly yours PRH Enal Industrial Assident miasisa 111-55 C 0 P Y 001 001 001 cc 001 001 001 001 001 00 co 001 co Dept. of ampluyment Looidental Life Ins P. u box 1057 takland C. 300 Montgomery St. California San Francisco Clif Clif meryville meryville California Jaak Cuthbertson 2204 Holbroun Dr. Dancurd Calif Quith & Farrish lul^Fin Center Ildvailand calif Plant Rubber z Asbuatca works 5305 Horton St. imaryville Cal Armstrong Gary Jul 1855 Market St. Gah Franciscu Calif Mundet Cork Corp. 440 Irannan St. San Francisco Flant Asbestos Co. 5309 Jorton St. California Western Asbestos CO / Tumisand St. San Francisco Calif J. 7. Thorpe Sai Emaryville California Travelers Ina Co. Latham Square ildi bukland Culiformi industrial indus Co. 300 Banane Street San Francisco Calif Pac Employ Ins Co. 3770 Piedmont Ave. Oakland Califonia might poss bi atb tril buty ed to his lack sf trainiag oi lacokf desire; deeply and re while the H BEFORE THE INDUSTRIAL ACCIDENT COMMISSION 2 CY THE STATE OF CALIFORNIA 3 CLAIN NO 161-870 4 5 6 7 9 129 10 111010 112 2 1313 1414 PLANT HUEBER AND ASBESTOS WORKS ARMSTRONG CORK COMPANY MUNDET CORX CORPORATION PLAN/ASBESTOS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE AND SON and TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY et al Defendants ANSWER TO APPLICATION 15 Care now the defendanta WESTERN ASHESTOS CO and 16 STATE COMPENSATION INSURANCE FUND and in answer to the application filed in the above entitled cause admit dany and 18 folal s fo olw los ws 19 Allege that the correct name of the defendant 20 Western Asbestos Co. is Western Asbestos Co. and was much at 21 time referred to in paragratpw h 22 I 23 Admit that Jack Cuthbertson was employed by Western 24 Asbestos Co. for the periods and only for the periods as 25 thown in the work record attached mar ank d me arkd ed exhibit A 26 27| 28 reference to which is hareby made and h^ar s ts houe gh t seth out in full the same incorporated II NO| 30i Admit that during the period of employmae n n sett 31 forth in paragraph one above the western Asbestos Co. was fully 32 insbu y tr hee Std ate Compe Insn urans ce a Punt d agi aino st n all liability under Workmen's Compensation Insurance and Safety Laws 1 of the State of California 2 3 hm 5 8 7 9 10 11 213 22 14 15 16 17 Allege that the rights of the defendants have been 18 prejudiced by the failure of the employee to give notice of 19 alleged injury within the time required by law VVI I 20 21 Derry that the Industrial Asaldent Commission of the 22 State of California has jurisdiation to act with referencteo 23 any and all maritime employment 24 VII 25 26 27 28 29 30 31 32 5 -- 7 8 9 10 11 12 13 14 15 16 17 act ac 001 00 coi ca zith & Parrish 1616 Plant Rubber & Asbestos Arustrong Cork Co. 1355 Cork Corp. oc 001 cer 001 se Western Asbestos J. T. Thorpe & Travelers Ina Industrial Co. co 18 19 20 21 22 23 24 22 28 200 200 29| 30 31 | 32 H STATE OF IFORNIA 2 CITY AND COURTY OF SAN FRANCISCO 3 4 88. 5 -- 7 8 g 10 11 12 13 14 Baya R. N. SHOREK being first duly sworn deposes and That he is an officer nit Assistant Secretary of State Compensation Insurance Fund that he has read the foregoing Answer to Application and knows the contents thereof that the same is true of his own knowledge except the matters which are therein stated on information or belief and as to , thode beli heebv elie evs es it to be true 15 16 17 18 3. N. SULAZEN 19 20 21 22 Subscribed and sworn to before un 23 this 24 day of Juna 1955 25 Notary Publia SEAL and for 26 in the City and County of San Francisco State of California 27 22 29 30 31 32 My 30 Cuthbertson Cuthbertson 1948 194 194 30 19487 i Quit Sa 26 194 a ra JESTE ^' a 191515 955 we Pilo Pilo NS Pilo Pilo Pilo COPY FROM INDUSTRIAL INDEMNITY CO 350 SANSOME STREET SAN FRANCISCO CALIFORNIA bal Kincerely yours 8. K. Negused Claims AtterDAY a01 Departmen L^s Occidental L^s Y. O. Box 1857 Montgome Company , Fran 26c . fi un s Frac ncio sco Halbrook Brive Concard matrang Co , 1355 Market Street Han Francisco Let Cork Company Brannan Street San Franscisco Cork Company Campany 675 Townsend Street San Francisco te Insurance Pund 450 Mc Allister Street Ban Francisce COMMISSION OFFICI Br FOR NORTHERN CALIFORNIA EXCEPT SACRAMENTO COUNTY 965 MISSION STHLET SAN FRANcisco 3 FOR SACRAMENTO COUNTY ROOM 200. 631 J BIRLET SACRAMENTO ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION FOR SOUTHERN CALIFORNIA TEXCEPT SAN DIEGO COUNTYI 501 STATE BUILDING LOS ANGELES 12 FOR SAN DIEGO COUNTY 1521 FOURTH AVENUE SAN DIEGO 1 ONLY APPLICATION FOR HEARING AMENDED Case No. 55 161-370 161-370 Filed March 3 1955 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET BY Employee's Name JACH CU Be RTIOd Social Security No eect cee Name of Employer AUTISEL AUTISEL LIST Employee's 2284 ILLON RIVE STRERT AND NUMBE ee cece oo Concord California ow. Employer's TOWN OR CITY ZONE STATE hoses tees Address__ ee cace cetce cee seetebevesee epee oo STREET AND NUMBER Name of Insurance Carrier oper. SE Pibtistesed dedect becccccies eececececeee Insurance TOWN OR CITY Carrier's Address._ einen STREET AND KUMBER ZONE ee vesee ceeeeeeee STATE ete , ~~ CITY ZONE _ STATE Employee's name een - CS Thee Tiel nee -Employee's date of birth 34,5 dg BR -1923 Date of your injury 1944-1954- 194 -1954- 1944-1954- cece ten Place where ee taeeeeesea ce injury San Francisco occurred CITY AND STATE .. co eet eee Employee's occupation at time of injury . kabustos worker When did you leave work as a result of this injury September 30 1953 ..... occur in How did injury What part or parts oubstancea veur of Wot October 19 1954 chest lungs of your body were .jungs When did you return to work . 11 disablad .. Full or part time work and at what wage we Maximubs Your wages or salary before deductions Maximubs per hour $ oe per week 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 No Tips Yes No Other advantages State their weekly value $ ee * per Yes month No Have you been paid any compensation Yes No How Date when last payment was made Homwuch $ ... ee . TOTAL AMOUNT Weekly rate of payments Has the employer or the insurance carrier furnished you with any medical treatment Date when last treatment was given .... Yes No. Ye List names of all doctors who have treated you and who were furnished by the employer or insurance carrier Tee of Californi : Californi Juvernd Juvernd by Have you obtained any medical treatment at your own expense Yes List names of all doctors who have treated you at your own expense No $ 000 Are you claiming any of the following benefits Answer Yes or No a Temporary disability payment ~ c Further medical treatment aiind e List other benefits claimed and not mentioned above b d Permanent disability payment Cost of your medical expense Have you ever before filed a claim with this Commission Yes No x If so when was it filed . Solid & PARKIBPARA KIBA REPRESENTATIVE REPRESENTATIVE OR ATTORNEY FOR APPLICANT Financial Financial Financial Carton Carton I 4 r aa ' ADD Glancourt 2 2000 dk, rh fof CNTs eo SIGNATURE OF APPLICANT Date Date Tare - 1 ... TELEPHONE NUMBER HEARING After this application has represented in person by torney or other agent been bled with the Industrial Accident Communion the parties will be noti ed in writing of the time and place of hearing Either party may be ANSWER The defendant is expected to file a newer within 10 days after service and the insurance caisser in properly aimed in the application no univer need be bled employer should nouify the cartier immediately on the proper answer can be led of copy of of this by the unployer unployer application at that will using the form furnibed for be done by the carriers but that purpose If a defendant employer is insured if the journace carrier le Boy named then the DATE OF SERVICE SERVICE ON Cee ee Dept. of Employ Dox 1857 Oakland Calif 4/25/55 Occidental Life Ins Co. 300 Kontgomery St. S.F. Calif " Jack Cuthbertson 2284 Holbrook Dr. Concord Calif Smith & Parrish Fin Center Bldg Oakland Calif 5309 " rlant Hubjer & Asbestos horks Horton St. Emeryville Armstrong Cork Co. 1355 Market St. S.F. calle " Mundet Cork Corp. 440 urannan St. S.P. Calif Flant Asbestos Co. 5309 Horton St. 5309 Horton St. Emeryville Western Asbestos Co. 675 Townsend St. S.F. Calif Emeryville T. Thorpe & Son Calif Travelers Ins Co. Latham Square Bldg Oakland " Indus Indem Co. 350 Sunsome St. S.F. Calif State Comp Ina Fund Personal Service Calif racific Employ Ins Co. 3770 siedmont Ave. Oakland Calif " Calif Compensation Ins Co. 28 Geary St. 3.F. Calif A 2 3 fF 5 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA Claim No. 161-870 JACK CUTHERBERTSON Applicant vs. 8 PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG CORK COMPANY MUNDET CORK CORPORATION PLANT ASBESTOS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE . AND SONS AND TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY ETAL ANSWER TO APPLICATION 10 | 11 12 13 14 15 18| 17 | 18| 2 2 2 23 23 24 25 28 27 28 29 35 Defendants Comes now the defendants PLANT ASBESTOS COMPANY AND INDUSTRIAL INDEMNITY COMPANY and in answer to the application filed in the above entitled * cause admit I deny and allege as follows Adait that Jack Cuthbertson was employed by Plant Asbestos Company for the periods and only for the periods as shown in the work record attached hereto and marked exhibit A reference to which is hereby made and the same incorporated herewith as those set out in full II Admit that during the period of employment as set forth in Paragraph I above the Plant Asbestos Company was fully insured by the Industrial Indemnity Company against all liability under Workmen's Compensation insurance and safety laws of the State of California III Deny that during the said period above mentioned said Jack Cuthbertson sustained any injury arising out of and occurring in the course of the employment and further deny that the defendants have provided compensation benefits to the applicant for the alleged injuries sustained by the applicant or furnished medical treatment therefore 35|i \ 32 | fi BYDNEY H ATTURNEY HAYWOOO AT LAW BUITE 700 360 SANGOMS STREET MAN FRANCISCO 4 YUKO 6.200 i { IV 1 Alleges as a special separate and affirmative defense that 2 the applicant's claim herein is barred and he is entopped from presenting 3 any and all matters thereunder by reasons of the provisions of Chapter 2 4 Part IV Division IV of the Labor Code of the State of California , more 5 specifically Section 5404 5405 5406 and 5410 a V. Alleged that the by failure of the employee time required by law right of the defendants have been prejudiced to give notice of the alleged injury within the 10 11 23 13 14 15 16 17 18 19 VI Except as above admitted alleged or denied said defendants deny generally and specifically each and every all and singular the allegations contained in the said application WHEREFORE these defendants pray that they be dismissed and declared free from all liability herein mailed on Copies of this answer and the attached exhibit have been the date hereof to the persons and addresses shown below s SYDNEY H. HAYWOOD 22 22 | Dated July 1 San Francisco 1955 California PLANT ASBESTOS and DEFENDANTS INDUSTRIAL ANDEMNITY CO 22 23 24 22 26 27 28 29 30 Mailed to Department Occidental of Employment Life Insurance P. O. Box 1857 Oakland California Company 300 Montgomery Street Mundet Cork Jack Cuthbertson 2284 Holbrook San Francisco California Saith and Parrish 1616 FinancialDrCievneterConcord California Plant Rubber and Asbestos Works Building Oakland Calif Armstrong Cork Company , 5309 Horton Emeryville Calif Company , 1355 Market Street 440 San Francisco Calif J. T. Thorpe and Brannan Street San Francisco California Sons Emeryville California Western Asbestos Company 675 Townsend Street San Francisco State Compensation Insurance Calif Travelers Insurance Fund 450 Mc Allister Street 3.F. Pacific Employers Company Insurance Lathan Square Building Oakland Calif Leonard Hanna & Company 3770 Piedmont Avenue Oakland Attn Howard T. JeBwreolplhy 100 Bush Street San Francisco Calif 31 32 SYDNEY H. HAYWOOD ATTORNEY AT LAW SUITE 700 3G SANGOME STREET STREET BAN FRANCISCO + YUKON 4-2000 Page Two w COMMISSION pertinent STATE OF CALIFORNIA INDUSTRIAL ACCIDENT pertinent pertinent pertinent pertinet claim 6 MISSION STREET SAN FRANCISCO 3 STATE BUILDING Los Angeles 12 412 HELM BUILDING FRESNO 21 Room 214 100 E. OCEAN BLVD LONG BEACH & ROOM 200 631 J STREET SACRAMENTO 1621 4Th Avenue BaN DIEGO 1 JACK CUTHBERTSON, CLAIM No. 54 161 870 Applicant VS. ARMSTRONG CORK COMPANY TRAVELERS INSULANCE COMPANY PLANT JRSTOS | COMAY INDUSTRIAL INDEMNITY COMPANY WESTURN ASBESTOS COMPANY and STATE COMPENSATION INSURANCE FUND Defendants NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM 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 Street Oakland California on the 17th day of February 1955 at 2:00 .. ALL P.M. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law NOTE The parties are expected to submit all issues in controversy for decision at this hearing therefore all medical reports payrolls and other essential proof must be available and ready for submission at the hearing necessary witnesses documenti evidence DaDatteed d January 12 1955 INDUSTRIAL ACCIDENT COMMISSION By EDMUND J. THOMAS JR Assistant Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a prancisco prancisco prancisco copy of the application therein mentioned in a sealed envelope in the United States mail on said day prancisco prancisco prancisco California with the postage thereon fully prepaid and addressed to the said parties at their last known prancisco prancisco residence as follows to wit NAMES OF PARTIES SERVED DATE OF SERVICE Jack Cuthbertson 2281 Holbrook ith arrian 1010 Financial Dr. Concord Center l Calif inkland 1/12/55 " Calif " suron fork lo 1155 Turke L. All Francisco Calif " ant nsbeaton Co. 5309 dorton t Smoryville Calif " restorm su0350s .0 075 Townsend St. un Francisco Calif Travelers ins Co. Latham square oldg Oaklandi Jalif " Indus Indemn Co. 350 Sinacom . San Francisco Calif 11 State Comp Ina Fund Fersonal Service vf Fries 15 Sev 8 -- SIGNATURL 8246 6:23 ROM 1 gen Rae COMMISSION OPPICS OPPICS FOR NORTHERN CALIFORNIA EXCEPT EXCEPT SACRAMENTO SACRAMENTO COUNTY 005 MISSION STREET BAN FRANCISCO 3 FOR SACRAMENTO SACRAMENTO COUNTY COUNTY ROOM 200. 30THLET 30THLET SALI AMENTO ONLY FOR SOUTHERN CALIFORNIA TEXCLPY SAN DILGO COUNTYI 501 STATE BUILDING LOS ANGELE1D 2 FOR SAN DIEGO COUNTY 1521 FOURTH AVENUE BAN DIEGO 1 ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case No. 101-870 54 Sr Filed 12-21-54 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET BY_ - Employee's Social Security No : Name of Company Employer 1. -- Armstrong Cork Company Re Travelers Insurance ww 2 flant flant asbestosCompany Name of Industrial Indemnity Company Insurance Carrier L. See ne 3. Western Asbestos Company - -.- S_t.a.te Compensaintsi uro ann ce Employee's Address 2284 2284 ae Volbrook Drive STREET AND NUMBE -- Employer's Concord California . TOWN OF CITY Long = __ STATE Address San Francisco California Oakland Latham Squa Bldg AND NUMBE Oakland Emory Strv eei t El moryl vile le Oakland Insu350 Sa Carrier's Address St. San Francisc Francisco Francisco Francisco 675 Townsend hollister hollister Francisco Fund 450hollSi t. s Sant Frae ncir sco CITY . ZONE STATE Employee's Jack Cuthbertson = Employee's date of birth Date of your injury 1949 - 1954 Employee's occupation at time of injury mabeatos worker | Place where injury occurred San Francisco CITY AND STATE injury 30 How did injury frnathing aubstances incourse of nork harmful to chest and What part or parts . _. ween eeeeceenee 2 When did you leave work as result of this September September September October 19 1953 1954 of your body were injured Lunga Lunga lungs When did When you return to work seme mee still disabled Full or part time work and at what wage = ee cece eee ee Your wages or salary before deductions $ ... maximumper maximumper hour or $ oe. If paid on hourly rate how many hours did you work per weck__ Did you receive any of the following Board Yes No Lodging Yes No Tips Yes State their weekly value $ per week No or $ Other ~~. per month advantages Yes No Have you been paid any compensation Yes No Date when last payment was made | How much s wee eee TOTAL AMOUNT Weekly rate of payments $ Has the employer or the insurance carrier furnished you with any medical treatment Date when last treatment was given a we 19 Yes No List names of all doctors who have treated you and who were furnished by the employer or insurance carrier cue University of California No Have you obtained any medical treatment at your own expense Yes List names of all doctors who have treated you at your own expense No os oe cece ee Are you claiming any of the following benefits a Temporary disability payment oo. c Further medical treatment Answer Yes or No - b d Permanent disability payment .. Cosotf your medical expense . Iss oo... | Have you ever before filed a claim with this Commission Yes No If so when was it filed 0 oo SMITH MAAR MAAR Ma FOR oO IMANENT ~* 1616 Financial Center bldg.flfl os of Guthbertson Guthbertson SONATURE OF APPLICANT wit teeeeteecmes ge eer ttee - 195 -- NOTE represent represent Iyatne PARIN in perso Iyatne Man thin at thesis has Iyatne or other en ANYWIH The telen fint 40 and the rated rated carrier at jegerin jegerin employer druif not by the active the immediately in the been Gied with the ladoerrial Accident pespre within 10 days after servers of application HER nevil mnewer can be fled he bied by Communion the parties well be antthed in writing of the time and place of horring Lisher party may be a rape of this application the enclosti ac that will . using the form furnished for be done by the carriers but that purpose If a defendant employer la insured if the inturance carrier is aut nimed then the DATE LIP STAVITh SHRVICE ON Form nov 5731 stri se 24 pase ( aye 3 : ' 22 + ry STATE OF CALIFORNIA INDUSTRIAL D6D MISSION STREET SAN FRANCISCO 3 ACCIDENT COMMISSION pertinent 412 HELM BUILDING FRESNO 21 STATE BUILDING LOS ANGELES 12 ROOM 200 631 J STREET SACRAMENTO Room 214 100 E. OCEAN BLVD LONG BEACH 2 1521 4TH AVENUE BAN DIEGO I claim claim JACK CUTHBERTUUN CUTHBERTUUN ces Applicant VS. A FLANT MUUSER AND ASJESTUS ASJESTUS MURKS MITRANG MITRANG CON GARY GARY MUNULT CORK Uhis MITRANG of LANT SBESTOS SBESTOS CONFANY LUTZAN LUTZAN AUBES/OS GOPLARY GOPLARY J. 1. THOME RAD SOX and Vis INSURANCE CAMRY INDUSTRIAL INDUSTRIAL INDERNITY INDERNITY . CRY et al Defendantw CLAIM No. 54 , 161-070 NOTICE OF Hearing OF APPLICATION FOR ADJUSTMENT OF CLAIM You are hereby notified that an application to adjust a claim been filed with the Industrial Accident Commission of the State has been set for hearing at for compensation compensation a copy of which is of California California You are further notified attached that said hereto has application KR 200 1531 ouster uke Oakland California on the 23rd day of May 1955 at 1:30 o'clock p.m. All F.M. and that at said time and place the Industrial Accident Commission of the State of California will dispose of the said application in the manner prescribed by law proceed to hear and hearing NOTE The parties are expected to submit all issues in controversy for decision at this hearing therefore all medical reports payrolls and other essential proof must be available and ready for submission at the necessary witnesses evidence documents Dated ApriAplril 25 1955 INDUSTRIAL ACCIDENT COMMISSION By MDAUND J. Thuk Ji _ _ Assistant Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the parties hereinafter mentioned at the time set opposite their respective foregoing notice on the names by depositing a copy of said notice attached to a copy of tCalifornia he application therein mentioned in a sealed envelope in the United States mail on said day at Jan rCeasliidfeonrcneiaaswiftohlltohwesptoostwaigt e thereon fully prepaiprepaid d and addressed to the saisaid d partiparties es at theitheir r last known plaJcaensJanof TbruusnicneisasdoorTrunciado NAMES OF PARTIES SERVED DATE OF SERVICE see attached shout FORM 85 bi. 54 SIGNATURE 9243 a 54 rT ae) ett te, Re JACK CUTHBERTSON ; , IAC # 161-870 Plant kubber & Asbestos 5309 Horton St. Emeryville Calir works hestern Asbestos Co. 675 Townsend San Francisco J. T. Thorpe & Son Emeryville Calif Corp. Mundet Cork 440 Brannan St. San Francisco Calif Cork Insulation Co. San Francisco Calif Armstrong Cork Co. 1355 Market St. Jan Francisco Flant Asbestos Co. 5309 Horton St. Emeryville Calls List of Employers LIST OF INSURANCE COMPANIES COMPANIES Travelers Insurance Co. Latham Square Bldg Industrial Indemnity 350 Jansoma St. San Francisco Co. State Compensation Ina Fund 450 McAllister St. San Francisco Calif 17 sae = rr ares Pa