Document Kz6z1Y83mNonjJjOjEXeYp0Do
FILE NAME Manville JMA
DATE 1966 DOC JMA138 DOCUMENT DESCRIPTION Contract Unit Claim File Dean Clark
WORKERS ' COMPENSATION APPEALS
INDUSTRIAL ACCIDENT
BOARD - CALIFORNIA
COMMISSION prior to 1966
APPLICANT
DEAN CLARK deceased
Asbestos Worker
CASE #LA #LA 292043
DATE CLAIM FILED 15 February 1966 - Refiled March 22 1966
INJURY ALLEGED
Lung injury to inhalation of
asbestos &
ALLEGED DATE OF INJURY
1940-1966
other
EMPLOYER INSURER
Baldwin Ehret et.al.
58
employers including M
Sales
OTHER NOTES
No apparent Canadian carrier
After Compromise & Release with majority of defendants
Applicant proceeded to trial against MetalClad
and Mundet AETNA
Undisputed injury
Petitions for
Reconsideration
on both sides
statute of limitations
DATE OF RESOLUTION
May 20 1969
RESOLUTION
Compromise & Release
5,410.50 Settlement
March 23 1971
Findings & Award - Opinion
_ After Reconsideration
7,500 Award + costs
|
DOCUMENTS COPIED 1 Med Rpt by Field to Applicant's citing asbestosis literatureattorney
# OF PAGE 2
2 Compromise & Release with
all but 4 Defendants
6
3 Findings & Opinion
After Reconsideration
4
CLAIMANT
Dean Clark
California Workers Compensation Appeals Board
CARRIERS INVOLVED
oThe AETNA Casualty & Surety Co. American Automobile Ins Co. American Employers Ins Co.
American Motorists Ins Co.
Argonaut Ins Co.
OAssociated Indemnity Corp.
oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. Casualty Ins Co. of California
Employers Liability Assurance Corp.Ltd
Employers Mutual Liability Ins Co. of Wisconsin mo
oFidelity & Casualty Co. of New York
;
'
Fireman's Fund Ins Co. oo
oGeneral Accident Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co.
|
oGuarantee Insurance Co.
oGreat American Ins Co.
Hardware Mutual Casualty Co. Industrial Indemnity Co.
Sentry
Industrial Indemnity Exchange
Insurance Co. of North America
Liberty Mutual Ins Co.
Ins
Co.
oLumberman's Mutual Casualty Co.
oMaryland Casualty Co.
Michigan Mutual Liability Co.
Mission Insurance Co.
oNational Automobile & Casualty New Amsterdam Casualty Co.
Ins
Co.
oOcean Accident & Guarantee Corp. Pacific Employers Ins Co.
oPacific Indemnity Co. .
Reliance Ins Co. Standard Accident Ins Co.
oRoyal Indemnity
, U.S.
oSecurity Ins Co. of Hartford U.S. Casualty Ins
State Compensation Insurance Fund
oe
Co.
oTransport Indemnity Co.
The Travelers Ins Co.
oThe United Pacific Ins Co.
oU.S. Fidelity & Guaranty Co.
oZenith National Ins Co.
oZurich Ins Co.
00
5/81
1
WORKERS COMPENSATION APPEALS BOARD
2
STATE OF CALIFORNIA
3
CLARK fF MDAEUARNICNELARK DECEASED
HP
Applicant
CASE NO 66 LA 292-043 -
VS.
7 MUNDET CORPORATION OWENS
CORNING FIBERGLAS
CORPORATION 00 METAL CLAD INSURLATION COMPANY THE AETNA CASUALTY AND SURETY
o COMPANY
Defendant
10
11
1212
1313
14
1416
I hereby certify that the attached documents are true
and correct copies of the original documents filed in the records *
of this office in the entitled matter
ATTEST my hand and the Seal of the Workers Appeals Board of the State of California
Compensation
1716
18
19
20
2121
23
24 Dated at San Francisco
Workers
Workers
Compensation Judge
Compensation Appeals
Board
25 California this 37
day
26 of March 1981
2
DIA WCAB FORM 18 W 1.751
t orce ar
DEPARTMENT OF INDUSTRIAL BELATIONS DIVISION OF INDUSTRIAL ACCIDENTS
: .
.
.
Mr. Steven Roseman 1621 West Ninth St.
Los Angeles Calif
7
DearDear Mr. Foseman
JOHN B. FIELD M.D. Ph.D. DIPLOMATE DIPLOMATE AMERICAN BOARD OF INTERNAL MEDICINE
ROX BAN MEDICAL BUILDING 465 NORTH ROXBURY
BEVERLY HILLS CALIFORNIA
CRESTVIEW 8-0633 .
January 20
90015
.
Re Dean Clark deceased deceased
a:
RECEIVED RECEIVED
1767 LAW ROSEMAN
FEB 1
A.M.
1967
789101112123456
789101112123456
789101112123456 789101112123456
I have had oppo tunity to study and review the records and
on the above In addition I have
autopsy reports
requested and received a work record on Mr.
Clark In brief this record documents the fact that for
atmosphere where he was exposed to
many years r Clark worked in an
astestos under conditions where the asbestos
dust res continually in the air on his outer garments and skin and entering the
orifices :
.
:
a After a rolonged illness Mr. Clark
passec array on March 4 1966 at which time
detailed autmsy revealed a bronchogenic carcinoma with
as emphysema and fibrosis of the lungs
numerous metastases as well In accition the fibrosis was associated with
the presence of astestes bodies
i
Ly
Discussion I have undertaken the opportunity to investigate and evaluate
the extensive and growing literature on the subject of asbestos and
some of
cancer and as
many outstanding authorities have stated see in this situation an anslagy to the
exposure of the radium ratch dial workers and other industrial carcinogens The
supportive literature is growing rapidly the evidence is almost
favor of this association I
overwhelming in
can quote a fer of the many tertinent references
Deny and Adler in Somerset N. J. the site of an asbestos plant have accumulated
37 proven of asbestosis and lung carcinoma personal communication In Thoracic Diseases by E. H. Fubin and M. Fubin W.F. Saunders
Exposure to asbestos is known to
, Phila 1962 p 462
cancer On
703-710
carry increased hazerds for the development of lung
p
lung cancer has been found as a frequent complication of
asbestosis in as high as 20 of the cases and as compared to exposure to silicosis
where only 1.32 of the workers have reen found to have lung cancer K. Doll ilortal-
ity From Lung Cancer in Asbestos Jorkers Frit J. Indust Med 12 31 1955 reported
that 15 out of 105 asbestos workers died with lung cancer and E.E.A. Merewether in the
Proceedings of the third International Conference of Experts on Pneumoconiosis
Sydney Australia 1950 reported 31 of 160 deaths in astectos workers to be due to
lung cancer In J.R. Fignall's Carcinoma of the Lung Livingstone Ltd. Edinburgh
1958 p 50 It is evident therefore that lung cancer is a specific industrial hazard
of asbestos workers and in the two voluze Chest Diseases by .. Ferry and Sir
Thomas H. Sellors Putterworths London 1963 Vol 1 p 547 it is pointed out that
in Germany carcinoma of the lung in asbestos workers is not recognized as an industrial
disease
. aA
high authoritative Ferhaps one of the most
sources of reference now available is in the
Annals of the New York Academy of Sciences 1945 Vol 132 p 1-766 which is a
Conference The Fiological Effects of Aslestos and thich favoles the section from
p p
5507 07 to
on thethe relationship
betruen aslestos and cancer In brief in an article
is
by Buchanan
p
517
it is
pointed
out that there
is
in
in
EEnglannd glandEngland
a
high
increasing
and
increasing
.relation of lung cancer in astectos verkere both male and female and The coinncclruesaisoinng
ADMITTED IN EVIDENCE EVIDENCE EVIDENCE
~ =.
.
-
~. ~
of a study is that even when viewed against the steadily rising incidence of lung
cancer in the population as rhole there seens little doubt that there is a
risk of an intrathoracic tumor if asbestos is also
special
United States Hammond Selikoff and Churz p of New York City askectos insulation workers
523
present in the lung In the report that in a study of deaths
or pleura
Similar
20 died of carcinomas of the lung
reports from other parts of the world are given including
that
of Dresden asbestos workers ,
p
573
and
other areas
Finally the Working
Group on Asbestos and Cancer plotting & protocol for further study p 710 states there is evidence of association between exposure to asbestos and
plasia
malignant neo-
The types of tumors which have been shown to be associated with exposure
to asbestos dust are 1. Carcinoma of the lung 2. Diffuse mesothelioma of the
pleura and peritoneum
Another outstanding world authority on occupational cancers W.C. Hueper who has
objectively detailed much of the relevent information in a new
Occupational
and Environmental
Cancers
of
the Respiratory
monograph
System Springer ;
New York 1966 p 47 concludes that Although cancer of the lung does not seen =
to be the most frequent fatal complication of asbestosis it is evidently sufficientl
frequent for elevating the lung cancer rate as a group and there is a
sequeloaf exposure to asbestos
serious
In a discussion of the clinopathologic relations Hueper indicates that it is charactertistic that the lung cancer has associated fibrosis and the presence of
asbestos bodies In all of these items there is a distinct correlation in the
autopsy findings on Mr. Clark
Thus it is ny considered professional belief that the long and continued
to asbestos by lir Clark was a direct and
exposure
probable cause of his development of
cancer of the lung which brought about his demise .
Trusting that this report is of assistance to you
~
c
JIF
JIF 80
. enc
Ell Very truly Ell
ALF
ALF
S
John 5. Field M.D. Ph.D.
es [ae ee ee ee ve
1 | HAEtRtoLrInHeYysHEaRtLLIaHwY JONES& NELSON
2 727 West Seventh Street
Los Angeles California 90017 3
. ;
Telephone No. 627-4911 -
&
Attorneys for Defendants
GH
O28
YI
Dor
oe
hr cory
11
11
10
10
2
57
~
57
8
WORKMEN'S COMPENSATION APPEALS BOARD
9
STATE OF CALIFORNIA
| v4
MAURINE
CLARK DEAN CLARK
DECEASED | 12
WIDOW Applicant
CASE NO 66 LA 292 043 COMPROMISE AND RELEASE AGREEMENT
13 13
VS.
15 BALDWIN EHRET INC
15 a corporation et al
| SOCIAL SECURITY NO 327-07-9443
Defendants
} 17
18
17 The parties hereto for the purpose of Compromise only
19 19 agree as follows
1. That the applicant Maurine Clark claims that Dean
Clark
as an
while employed at various places in the State of California
asbestos worker during the period beginning in the year 1940
and ending on March 4 1966 sustained injury arising out of and in
the course of such employment resulting in the death of the said
2 Dean Clark on or about March 4 1966 as the result of the claimed injury
At various times during the period aforesaid the said
N deceased employee was employed by the following named parties to this Agreement were at said times insured
employers
as to
30 Workman's Compensation Liability in the State of California by the
32 hereinafter named Insurance Carriers Isotherm Company Insured by Hardware Mutual Casualty Co
W. H
A. Bechtel Co. Insured by Industrial Indemnity
Exchange
2 Insured Plant Asbestos Co.
by Industrial Indemnity Co
F&F
Baldwin Ehret a corporation and Kitzman
GH Plumbing & Heating Co. Insured by Insurance Company of North
6 America
7
J. T. Thorpe Inc. Thorpe Insulation Co. Marine Engi-
.
8 neering & Supply Co. Insured by Pacific Employers Insurance Co ,
o
Stearns & Rogers Corp. Insured by Reliance Insurance Co
1110
ee
1133
Johns Manville
Contracting Co. Insured
Sales Corp. Armstrong Cork Co. by The Travelers Insurance Co
Armstrong
Fibreboard Paper Products Corp. Plant Rubber & Asbestos
Works both Permissibly Insured
14
15
1516 17
28
Service
Thorpe Insulation Co. Los Angeles Cork Co. Co. Insured by Fireman's Fund Insurance Co
Technical
Coast
Insurance Co.;
Insulation Products Co.
Insured by Argonaut
Los Angeles Cork Co. Insured by Zurich Insurance Co Accurate Insulation Co. Insured by Casualty Insurance Company of California
J. T. Thorpe Inc. Insured by American Motorists
Insurance Co
28 Inc. Accurate Insulation Co. Western Asbestos Co. R. T.
Dinwiddie
Insured by State Compensation Insurance Fund
Unafrax Construction Co. Industrial Service & Engi-
26 neering Co. of California United Cork Companies Corp. Insured by
Liberty Mutual Insurance Co
27 2. The actual weekly wages of the employee at the time
29 of the claimed injury were maximum
IN
31 made
3 That no payments of compensation to the applicant during his lifetime on account of the claimed injury
were
32 32 4 The applicant Maurine Clark being of adult age states
2
Oe eee eee some eee TTS
ee
emma tee
-
we
ee
(Or
enmms
ate
wena as. geewewnnres
me
KH and warrants that she was the lawful wife of the deceased employee
2 and was the sole and only dependent of said deceased employee and 3 was wholly dependent upon him at the time of the deceased employee
4 injury
|
5. The parties hereby agree to settle any and all claims
7 of said dependent both as a dependent and an heir of the said deceased employee on account of the claimed injury and the :
8 death of said employee at a payment of the sum of 5,410.50 5,410.50 payable
9 in one lump sum to applicant less attorney's fees less valid liens
10 10 of record if any Less 200.00 to Dr. John Field less 86.47 to Steven Roseman for Costs ;
11
That said payment shall be made by the named
12 12 carriers as follows
13 13
14
Hardware Mutual Casualty Co.
$ 235.00
15 15
Industrial Indemnity Exchange
,
333.00
16
Industrial Indemnity Company
414.00
17
Insurance Company of North America
180.00
18
Pacific Employers Insurance Co.
846.00
19 19 20
Reliance Insurance Co.
67.50
.
The Travelers Insurance Co.
*
621.00
2121
Fibreboard Corp. and Plant Rubber
Asbestos Works
22
180.00
Fireman's Fund Insurance Co.
23
1,035.00
Argonaut Insurance Co.
25
Zurich Insurance Co.
;
65.00 90.00
Casualty Insurance Company of California
39.00
26
American Motorists Insurance Co.
27
State Compensation Insurance Fund
28
Liberty Mutual Insurance Co.
450.00 585.00 270.00
23 Parties
hereby
agree
that
all
medical
5,410.50 hospital and burial
31expenses required by reason of the alleged injury and the death of
8 the employee shall be paid by the applicant herein
3
NINIK Los Angeles 1 7 The name and address of
1543 W.
applicant's attorney is
2
Steven Roseman
Olympic Boulevard
West
Street
having 3 California who requests a fee of 700.00 ,
received nothi
4 by way of fee previously
KH
8. REASON FOR COMPROMISE
2
7
8
9
10 10
11
11
12
12
That a bona fide dispute exists by and between the
parties
except facts hereto as to all of the
as to admission of certain
employment
the parties and believe
earnings and the coverages herein alleged
<
That all of
applicant's hereto have attempted to evaluate the
aplicant's claim
that the consideration to be paid hereunder is fair and
adequate as to those parties who have joined in this Agreement
That the said defendants wish to buy their peace
14 9. It is further agreed that the Release and
Compromise herein shall cover and include all employers of the deceased em-
1514 ployee whether named herein or not during such periods as said em-
1617
19
19
22
24 25
ployers were insured against Workman's Compensation Liabilities by the Insurance Carriers named herein as parties hereto
herein
10. For the purpose of determining the lien claim filed
for the unemployment compensation
disability benefits or un-
employment compensation benefits and extended duration benefits whic
have been paid under or
pursuant to the California Unemployment Insurance Code the parties propose the following division of the
sui
agreed upon for settlement and release of this case
,
for
Sf neaen or
temporary
disability
covering
the
period
to
26 $ 27 27 employee
for accrued medical expense paid or incurred by the
28 28 $
for future medical care
29 s
for permanent disability
30 30
11. Upon approval of this Compromise Agreement by the
31
Workmen's Compensation Appeals Board or a Referee and payment in
32
accordance with the provisions hereof said employee releases and
4
Og eee ee.
1 forever discharges said employer and insurance carriers from all
2 claims and causes of action
3 which may hereafter arise or
whether now known or ascertained or |
develop as a result of said injury
4 including any and all liability of said employers and said insurance
OD carriers and each of them to the dependents heirs executors
e representatives administrators or assigns of said employee
accordance 7 12 In further consideration of the payment in
8 herewith applicant agrees that this release will apply to
all
un
9known 9known and unanticipated injuries and damages resulting from such
accident casualty event and employment as well as all those
12
1214
17
17
19
now disclosed and all rights under section 1542 of the Civil Code
of California are hereby expressly waived
as follows Section 1542 of the Civil Code of California reads
A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him
must have materially affected his settlement with the
debtor
21 further said
13. In sum applicant
consideration of the payment of the aforeagrees that this release extends to and covers
22 the executors administrators heirs representatives successors
21 assigns officers directors agents servants and employees of the
defendants and each of them nurses of the defendants and
and the each of
physicians surgeons and
them whether acting individual
or on behalf of them or either of them
WITNESS the signature hereof this
27 1969 at Los Angeles California
_ C_ day of
midy
midy
29
WaSeat
Maurine Clark - Applicant
30
Steven _ -
Roseman ok,
Steven Attorney for Applicant
+
a
me
me
ee
I
2
3 2cB 2cB
Ph
By klut R
a
aA
B.D. Robed --a
corporation Lb, Play RUBBER 7 W
oOo
FIREMAN'S corporation INSURANCE
9
.
ASBESTOS WORKS
CO BARGONAUT -- --
BARGONAUT corporation
SELF-
--,--,, -- . --
INSURANCE CO
--
a
--,--...
Faiz Faiz Eli
:
12= ZURICH FaizEli
: INSURANCE Dipl A
CALIFORNIA a corporationcorporation
a corporation
15
1617
18
19
20
23
224
N
NN
a corporation
MINSURANCE COMPANY OF NORTH AMERICA a corporation -
.
15 PACIFIC EMPLOYERS INSURANCE ~ I
a corporation
STATE OF CALIFORNIA
wo
.
COUNTY CEL } OF
ss
a
On this day of A.D.
1969 before me the
undersigned a Notary Public in and for the said County and State
residing therein duly commission and sworn personally appeared MAURINE CLARK known to me to be the person whose name is subscribe
to the within Instrument and acknowledged to me that she executed
the same
2931
32
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this Certificate
y
WORKMEN'S COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
DEAN CLARK Deceased By
)
MAURINE CLARK his Widow
Applicant
VS.
MUNDET CORPORATION OWENS
CORNING FIBERGLAS CORPORATION METAL CLAD INSULATION COMPANY
THE AETNA CASUALTY AND SURETY
; COMPANY ;
.
.
4
Defendants
CASE NO 66 LA 292-043
OPINION AND DECISION
AFTER RECONSIDERATION
. .
we
we
On October 14 1971 this Board issued its Opinion and Order
Admitting Documentary Evidence and Notice of Intention to Submit By
that 14 14
iow
document this Board noticed its intention to resolve this con-
15
15
15
troversy by the issuance of an award based upon the calculations
: the contained in the Memorandum of V. M. Latino of
Permanent Disabili
Rating Bureau which was received in evidence with the Board's Order
of October 14 1971. No objections or other requests have been made
within the period of time allowed therefor by this Board's said
;
nn
Notice of Intention of October 14 1971 Accordingly for the
a
Opinion reasons stated in the
portion of our said Order of October 14
1971 the Board for its Decision After Reconsideration orders finds
and awards as follows
ORDER
IT IS HEREBY ORDERED that as and for this Board's Decision After
Reconsideration the Findings and Award filed herein on March 23
be and they are hereby amended to read as follows
197
FINDINGS OF FACT
1. Dean Clark born December 2 1907 while employed as an asbestos worker at various places within the state of California
PM
ges {
19 19 20 20 21 21
31
PM
for
otuhte qd
HI
which injury tl
the period commencing 1940 to March 4 1966 nature of an occupational disease affecting
of and in the course of his said
employment
sustained injury in his lungs arising with various employ
employ
resulted in his death on March 4 1966
F him
2. his
Said
wife
employee left surviving him and wholly Maurine Clark applicant herein
dependent
upon
3. During said period from 1940
was employed by among others Mundet
to March 4 1966 said employe Corporation Owens Corning
tFihbeerglas time
employment Corporation
of such
and
Metal Clad Insulation Company who were at
insured for workmen's compensation lia-
bility by defendant The Aetna
;
Casualty and Surety Company
4 Applicant pursuant to the
provisions of Labor Code Section
5500.5 employers has elected to proceed against the named in Finding 3 and against the insurance carrier
No. found to have insured said
employers for workmen's compensation liability
5. Applicant on or about May 20 1969 entered into a Compromis
and Release with defendant insurance carriers Hardware Mutual Casual
Company Industrial Indemnity Exchange Industrial
Insurance
Indemnity Company
Company of North America Pacific
Employers Insurance Compa
Corporation Reliance
Insurance Company The Travelers
Insurance Company Fibrebo
and Plant Rubber Asbestos
Works Fireman's Fund Insurance
Company Company Argonaut Insurance Company Zurich Insurance
Casual
Insurance Company of California American Motorists Insurance Company
State Compensation Insurance Fund and
Liberty Mutual Insurance Compar
and said Compromise and Release agreement was filed herein on July 1
1969 ' and was approved by this Board on August 27 1969
6.
entered
The said
insurance carriers listed in Finding No. 5 above who
agreement Compromise and Release
covered workmen's com-
pensation liability for various
employers listed in
which employers employed the employee herein
occupational disease as specified above
during
said agreement the period of the
-2-
TOP
SSeS
meet mes
oa ee ee eevee
oo oes,
TO
ne es
a
ee,
~
death resulting therefrom
8. The periods of employment covered
Release agreement have contributed to said
death resulting therefrom to the extent of
by said Compromise and
|
employee's injury and his
31.02 percent
applicant 9. Burial expenses were incurred by
,
sum of 600.00
in excess of the
10.
without
Decedent notice of
procured medical treatment
need to defendants herein
for
this
injury
11 Applicant
expense for report
of 500.00
reasonably actually and necessarily incurred and appearance of John B. Field M.D. in the sum
12 tions
This cause of action is not barred
by the Statute of Limita
13. The reasonable value of the
services of applicant's attorne ( is 1,000.00
AWARD
AWARD IS MADE in favor of Maurine Clark against The Aetna Casual
i and Surety Company a corporation as follows
a
Death benefits in the sum of 68.98 percent of 17,500.00 or
12,071.50 payable forthwith less the sum of 1,000.00 payable to
applicant's attorney Steven Roseman as attorney's fee herein
b Reimbursement of burial expenses in the sum of 600.00
27
Dr. c Reimbursement of medical costs in the sum of 500.00
payable to
John B. Field
} .
.
.
PM
.
.
.
-3-
d Interest as provided by law from March 23 1971
WORKMEN'S COMPENSATION APPEALS BOARD
2 CONCUR
'
1 CONCURRING BUT NOT SIGNING
| JACK BRADLEY
DATED AND FILED IN SAN FRANCISCO
NOV 15 1971
CALIFORNIA
: SERVED BY MAIL ON SAID DATE TO ALL PARTIES LISTED 3}
ADDRESS RECORD
Vincent Rosal
15
PM