Document M4LEjjvxGw7BprGjmEjXwnjwV

FILE NAME Mundet Cork MCK DATE 1966 DOC MCK124 DOCUMENT DESCRIPTION WC Claim of Clark Pt 2 File Name Contract Unit Claim File Dean Clark Feb.15 Amended Mar.22 Scanned ? yes Source JMA JM Start Year 1966 Stop Year 1966 Contents claim Notes WORKERS ' COMPENSATION INDUSTRIAL ACCIDENT APPEALS BOARD - CALIFORNIA COMMISSION prior to 1966 APPLICANT DEAN CLARK deceased CASE #LA DATE CLAIM FILED February 15 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 carrier After Compromise & Release with majority of defendants Applicant proceeded to trial against MetalClad and Mundet AETNA Undisputed injury DATE OF RESOLUTION May 20 RESOLUTION Compromise & 1969 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 citing Applicant's asbestosis attorney literature # 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 oEmployers Liability Assurance Corp.Ltd - Employers Mutual Liability Ins Co. of Wisconsin _ oFidelity & Casualty Co. of New York ' Fireman's Fund Ins Co. oGeneral Accident Fire & Life AssuranCocrpe. Ltd. oGlobe Indemnity Co. _ oGuarantee Insurance Co. oGreat American Ins Co. Hardware Mutual Casualty Co. Sentry Industrial Indemnity Co. Industrial Indemnity Exchange Insurance Co. of North America Ins Co. Liberty Mutual Ins Co. oLumberman's Mutual Casualty Co. oMaryland Casualty Co. OMichigan Mutual Liability Co. OMission Insurance Co. oNational Automobile & Casualty Ins Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd Pacific Employers Ins Co. oPacific Indemnity Co. Reliance Ins Co. Standard Accident Ins oRoyal Indemnity Co. oSecurity Ins Co. of Hartford U.S. Casualty Ins Co. State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins Co. oThe United Pacific Ins Co. OU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. 0 5/81 1 WORKERS COMPENSATION APPEALS BOARD Le) STATE OF CALIFORNIA 3 4 DEAN CLARK DECEASED ) MAURINE CLARK 5 6 Applicant CORPORATION 7 MUNDET OWENS CORNING FIBERGLAS CORPORATION COMPANY 8 METAL CLAD INSURLATION THE AETNA CASUALTY AND SURETY COMPANY Defendant 10 CASE No. 66 LA 292-043 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the records + 13 of this office in the entitled matter 2225998 ATTEST my hand and the Seal of the Workers Compensation 2225998 Appeals Board of the State of California 2225998 2225998 2225998 2225998 2225998 Workers Workers Compensation Compensation Judge Appeals BoardBoard 21 22 3232 3232 Dated at San Francisco 3232 California this 31 day 26 of March 1981 27 DIA WCAB For tis NZW 1.78 ee tase DEPARTMENT OF INQUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ADSIDENTE + : . r Steven Foseran 1621 Test l'inth St. Los Angeles Calif ot - Dear Mr. Fosemen JOHN B. FIELD M.D. Ph.D. DIPLOMATE DIPLOMATE AMERICAN BOARD OF INTERNAL MEDICINE ROX BAN MEDICAL BUILDING 463 NORTH ROXBURY DRIVE BEVERLY HILLS CALIFORNIA CRESTVIEW 8-0633 January 20 90015 ; Re Dean Clark sceased . oo RECEIVED RECEIVED LAW ROSEMAN 1767 FEB 1 A.M. 709101112123456 709101112123456 1967 709101213456 709101112123456 I have the oppo tunity to study and review the records and on the above In addition I have autopsy reports In rief this record requested documents the and received a work record on Kr Clark fact that for many years ir Clark worked in an atmosphere where he was exposed to asbestos under conditions where the estestos doursitfiwcaess continually in the air on his outer garments and skin and entering the After a prolonge illness r Clark passec aray on March 4 1966 at which time detailed aut revealed a ronchogenic carcinoma with numerous metastases as waell as emphysema and filrosis of the lungs In addition the filrosis was associated rith the presence of estestes bodies Discussiont I have undertaken the opportunity to investigate and evaluate of the extensive and growing literature on the subject of asbestos and cancer asnodmeas zany outstanding authorities have stated , see in this situation an amelagy to the exposure of the radium watch dial workers and other industrial carcinogens The sunportive literature is growing rapidly and the evidence is almost favor of this association overwhelming in I can quote a fer of the many martinent references silicosis Leny and Adler in Somerset E. J. the site of an aslestos iant have accumulated 37 proven of asbestosis and lung carcinoma personal communication In Thoracic Diseases by E. H. Rubin and II Rubin .F Saunders Phila 1962 p 462 Exposure to asbestos is morn to carry incressed hazards for the development of lung c^ncer On p 703-710 lung cancer has been found as a frequent complication of achestosis in as high as 205 of the cares and as compared to exnosure to here only 1.32 of the workers have leen found to have lung cancer K. Doll ortality From Lung Cancer in Asbestos Jorkers Irit J. Indust Nod 12 S1 1955 reported that 15 out of 105 asbestos workers died ith lung cancer and ... ether 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 Edinburgh lung cancer In J.R. Fignall's Carcinoma of the Lung Livingstene Ltd. Edinburgh 1958 p 50 It is evident therefore that lung cancer is a specific industrial hazard of asbestos workers and in the two volune Chest Diseases by I.M. Ferry and Sir Thomas 4. Sellors Futterworths London 1963 Vol 1 p 547 it is pointed out that in Germany carcinone of the lung in asbestos morkers is not recognized as an industrial ~ isease an Ferhaps one of the most authoritative sources of reference now available is in the Innals of the New York Academy of Sciences 1965 Vol 132 n 1-766 which is a Conference On The Fiological Effects of As'estos As'estos and which devotes the section from lung increasing high p 507 to 685 on the relationship etron asiestos and cancer In brief in an article by Buchanan , p 517 it is pointed out that there is in Inglunt a and .relation of cancer in attectos vorkuma loth male and femile and The conclusion conclusion ARMITTED IN FYDENCE FYDENCE ~ i & Word i . Re a of a study is that even then viewed against the steadily rising incidence of lung cancer in the population as rhole there seens little doubt doubt that there is risk of an intrathoracic tumor if asbestos is also a special Tnited States Hammond Seliloff and Churg p of New York City askectos insulation workers 523 present in the lung In the report that in a study of deaths 20 died of carcinomas of the lung or pleura Similar reports from other parts of the world are that of Dresden ashe toaworkers p 573 and other given including Group on Asbestos and Cancer plotting a protocol areas Finally for further the Working there is evidence of association between exposure to asbestosstaunddy maplig7n1a0nt sn te ao t- es plasia The types of tumors which have been shown to he associated with to astestos dust are 1. Carcinoma of the lung exposure 2. Diffuse mesotheliora of the pleura and peritoneum Springer Another outstanding world authority on occupational cancers J.C. Nueper who has objectively ~ etailed much of the relevant information in a new monograph Occupational and Environmental Cancers of the Respiratory System New York 1966 p 17 concludes that Although cancer of the lung does not seem < to be the most frequent fatal complication of asbestosis it is evidently sufficienti frequent for elevating the lung cancer rate as a group and there is a serious sequels of exposure to asbestos 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 Ir Clark Thus it is my considered professional belief that the long and continued to asbestos by Mr. 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 JIF JIF sm + enc Very truly yours yours ALF ALF ALF ALF er ; M~ f John S. Field M.D. Ph.D. een ee OL 1 HERLIHY HERLIHY JONES & NELSON Attorneys at Law 2 727 West Seventh Street Los Angeles California 90017 HR Telephone No. &fi 627-4911 Attorneys for Defendants 5 O29 7 J13 12 . : . 2:37 2:37 " WORKMEN'S COMPENSATION APPEALS BOARD o STATE OF CALIFORNIA 10 L 11 11 MAURINE CLARK WIDOW ) DEAN CLARK D^ CEASED 12 Applicant 13 13 } VS. 14 14 BALDWIN EHRET INC > 1515 a corporation et al | 16 16 17 17 17 Defendants ) CASE NO 66 LA 292 043 COMPROMISE AND RELEASE AGREEMENT SOCIAL SECURITY NO 327-07-9443 18 18 The parties hereto for the purpose of Compromise only agree as follows 19 1 That the applicant Maurine Clark claims that Dean 21 Clark while employed at various places in the State of California 22 as an asbestos worker during the period beginning in the year 1940 23 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 2525 Dean Clark on or about March 4 1966 as the result of the claimed 28 injury N deceased At various times during employee was employed by the the period aforesaid the said following named employers 29 parties to this Agreement were at said times insured as to 30 Workman's Compensation Liability in the State of California by the 31 hereinafter named Insurance Carriers 32 32.- Isotherm Company Insured by Hardware Mutual Casualty Co W. I A. Bechtel Co. Insured by Industrial Indemnity 2 Exchange B& Plant Asbestos Co. Insured by Industrial Indemnity Co & Baldwin Ehret Inc. , a corporation and Kitzman 5 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 .; ' Stearns & Rogers Corp. Insured by Reliance Insurance Co .; 10 10 Johns Manville Sales Corp. Armstrong Cork Co. Armstrong 11 11 Contracting Co. Insured by The Travelers Insurance Co. 12 12 Fibreboard Paper Products Corp. Plant Rubber & Asbestos 1313 Works both Permissibly Insured 14 14 Thorpe Insulation Co. Los Angeles Cork Co. Technical 15 Service Co. Insured by Fireman's Fund Insurance Co 16 Coast Insulation Products Co. Insured by Argonaut 17 Insurance Co 18 19 20 Los Angeles Cork Co. Insured by Zurich Insurance Co Accurate Insulation Co. Insured by Casualty Insurance Company of California 21 J. T. Thorpe Inc. Insured by American Motorists 22 Insurance Co 23 Accurate Insulation Co. Western Asbestos Co. R. T. 24 Dinwiddie Inc. Insured by State Compensation Insurance Fund 25 Unafrax Construction Co. Industrial Service & Engi- 26 neering Co. of California United Cork Companies Corp. Insured by 27 Liberty Mutual Insurance Co .; 23 2 The actual weekly wages of the employee at the time 29 of the claimed injury were maximum 30 3. That no payments of compensation to the applicant were 31 made during his lifetime on account of the claimed injury 32 4. The applicant Maurine Clark being of adult age states 2 ee semen ee wee ee I 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 51 5. The parties hereby agree to settle any and all claims @ of said dependent both as a dependent and an heir of the 7 said deceased employee on account of the claimed injury and the 8 5,410.50 death of said employee at a payment of the sum of 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 11 That said payment shall be made by the named 12 carriers as follows 13 14 14 Hardware Mutual Casualty Co. $ 235.00 15 Industrial Indemnity Exchange 333.00 16 16 Industrial Indemnity Company 414.00 17 Insurance Company of North America 180.00 18 Pacific Employers Insurance Co. 1819 Reliance Insurance Co. 846.00 846.00 67.50 20 The Travelers Insurance Co. 621.00 21 Fibreboard Corp. and Plant Rubber ; Asbestos Works 22 180.00 Fireman's Fund Insurance Co. 23 1,035.00 _ Argonaut Insurance Co. 24 65.00 Zurich Insurance Co. 25 90.00 Casualty Insurance Company of California 39.00 28 American Motorists Insurance Co. 27 State Compensation Insurance Fund 28 Liberty Mutual Insurance Co. 450.00 585.00 29 $ 5,270.00 5,270.0 30 Parties hereby agree that all medical hospital and burial 31 expenses required by reason of the alleged injury and the death of 32 the employee shall be paid by the applicant herein 3 I 7. The name and address of 1543 N. applicant's attorney attorney is 2 Steven Roseman Olympic Boulevard Screer Los Angeles 3 California who requests a fee of 700.00 , having received noth by way of fee previously 4 8. REASON FOR COMPROMISE REASON COMPROMISE COMPROMISE 2D That a bona fide dispute exists by and between the parties 7 hereto as to all of the facts except as to admission of certain 8 of employment earnings and the coverages herein alleged That all 9 the parties hereto have attempted to evaluate the applicant's claim 10 10 and believe that the consideration to be paid hereunder is fair and 11 adequate as to those parties who have joined in this Agreement 12 That the said defendants wish to buy their peace 13 9. It is further agreed that the Release and Compromise 14 herein shall cover and include all employers of the deceased em 15 ployee whether named herein or not during such periods as said em- 16 ployers were insured against Workman's Compensation Liabilities by 17 the Insurance Carriers named herein as parties hereto 18 10. For the purpose of determining the lien claim filed 19 20 21 22 23 herein 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 su agreed upon for settlement and release of this case 24 $ for temporary disability covering the period 25 to 28 $ 27 employee for accrued medical expense paid or incurred by the 28 S for future medical care 29 es for permanent disability 30 21 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 1 forever discharges said employeanrd insurance carriers from all 3 which claims and causes of action may hereafter arise or whether develop now known or ascertained or as a result of said injury 4 including any and all liability of said employers and said insurance 5 carriers and each of them to the dependents heirs executors 6 representatives administrators or assigns of said employee 7 12 In further consideration of the payment in accordance 8 herewith 9 known and applicant agrees that this unanticipated injuries and release damages will apply to all un-resulting from such 1010 accident casualty event and employment as well as all those 11 now disclosed and all rights under section 1542 of the Civil Code 12 of California are hereby expressly waived 13 14 as follows Section 1542 of the Civil Code of California reads 15 A general release does not extend to claims which the creditor le does not know or suspect to exist in his favor at 17 the time of executing the release which if known by him 18 must have materially affected his settlement with the 19 debtor further 20 13. In consideration of the payment of the afore- 21 said sum applicant agrees that this release extends to and covers 22 the executors administrators heirs representatives successors 23 assigns officers directors agents servants and employees of the 24 defendants and each of them and the physicians surgeons and 25 nurses of the defendants and each of them whether acting individual 26 or on behalf of them or either of them 22 WITNESS the signature hereof thisthis _ _ __ 28 1969 at Los Angeles California day of id id 29 Noa Seu, Maurine 33 Maurine - Clark Applicant - Zn Applicant 31 Steven Attorney for Applicant 32 " 8 C. = 141MUTUAL By 141 I 141 - HARDWARE a CASUALTY CASUALTY CASUALTY CO 3INDUSTRIAL corporation INDUSTRIALINDEMNITYV4 EXCHANGE a corporation By B.D. Baldw Baldw 2 THE TRAVELERS INSURANCE CO a -- INSURANCE corporation FIREMAN'SMa FIREMAN'S corporation By = : Fl INSURANCE a 1211 12 corporation AMERICAN AMERICAN AMERICAN MOTORISTS 2 Co. -o rporation 13 14 LIBERTY-o rporation 14 MOTORISTS 15 a corporation SINDUSTRIAL INDEMNITY AK SINDUSTRIAL INDEMNITY a COMCOMPANY PANY RELIANCE 7 corporation R with RELIANCE INSURANCE , a Ribed Play PLANT Play corporation By Ribed Play Play Havin ette ASBESTOS WORKS PERMISSIBLY SELF- INSURED BARGONAUT -- ----, -- --,-- ----, ----,-- -- a corcporoporratiaoAntSiTon >,INSURANCE INCASUALTY Did CALIFORNIA a corporation STATE STATE Perme Perme a corporation 1 MINSURANCE COMPANY OF NORTH AMERICA a corporation X 16 a HERLIHY NELSON 18 a4 NELSON 3 , 15 PACIFIC EMPLOYERS INSURANCE 1919 a corporation 2323 24 251251 28 2827 28 28 29 WWN N 31 32 STATE OF CALIFORNIA L } COUNTY L cas : . SS a On this day DiarDiyary Diary 1969 before me the Diary 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 IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this Certificate t~ 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 ; Defendants CASE NO 66 LA 292-043 OPINION AND DECISION AFTER RECONSIDERATION , On October 14 1971 this Board issued its Opinion and Order Admitting Documentary Evidence and Notice of Intention to Submit BJ that as document this Board noticed its intention to resolve this con- " troversy by the issuance of an award based upon the c^ lculations Scontaied Scontained in the Memorandum of V. M. Latino of the Permanent Disabili Rating Bureau which was received in of October 14 1971. No objections evidence or other with the requests Board's Order have been made within the period of time allowed therefor by this Board's said ( Notice of Intention of October 14 1971. Accordingly for the a reasons stated in the Opinion portion of our said Order of October 14 1971 the Board for its and awards as follows Decision After Reconsideration orders finds ORDER IT IS HEREBY ORDERED that as Reconsideration the Findings and be and they are hereby amended to and for this Board's Decision After Award filed herein on March 23 197 read as follows FINDINGS OF FACT 1 asbestos Dean Clark born December 2 1907 while employed as an worker at various places within the state of California PM for the period commencing 1940 to March 4 1966 sustained injury in the nature of an occupational disease affecting his which out i d of and in the course injury resulted in of his said employment with his death on March 4 1966 various employ . ; him 2. his Said wife employee left surviving him and wholly Maurine Clark applicant herein dependent upon 12 12 tod 14 14 3. During said period from 1940 to . March 4 1966 said was employ employed by among others Mundet Corporation Owens Corning Fiberglas Corporation and Metal Clad iJ Insulation Company who were at time of such the employment insured for workmen's compensation lia- bility by defendant The Aetna Casualty and Surety CompanyCompany 4. Applicant pursuant to the provisions of Labor Code Section 5500.5 has elected to proceed against the employers named in Finding No. 3 and against the insurance t carrier found to have insured said employers for workmen's H compensation liability 19 19 20 27 27 31 PM 5. Applicant on or about May 20 1969 entered into a Compromis and Release with defendant insurance carriers Hardware Mutual Casual Company U Industrial Indemnity Exchange Industrial b Indemnity Company Insurance Company of North America Pacific Employers Insurance Comp Reliance Insurance Company The Travelers Insurance Company Fibrebor Corporation and Plant Rubber Asbestos Works Fireman's Fund Insurance Company Argonaut Insurance Company Zurich Insurance Company 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 during said agreement the period of the occupational disease as specified above -2- ; -- cmemeiee 4 TO Sto eee wees nee 1 agreement contributed to the death employee's injury herein and to his 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 employee's injury and h 31.02 percent 9. Burial expenses were incurred by applicant in sum of 600.00 , excess of the F 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 is 1,000.00 applicant's attorne AWARD and AWARD IS MADE in Surety Company a favor of Maurine Clark against The corporation as follows Aetna Casual a Death benefits in the sum of 68.98 percent of 17,500.00 12,071.50 payable or 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 Dr. c Reimbursement of medical costs in the sum of 500.00 payable to John B. Field PM Lo d Interest as provided by law from March 23 1971 WORKMEN'S WORKMEN'S COMPENSATION APPEALS BOARD I CONCUR LD Ate DEPUTY a ! CONCURRING BUT NOT SIGNING 8 DATED AND FILED IN SAN FRANCISCO CALIFORNIA NOV 15 1971 gy THE OFFIC SERVED Ar BY MAIL ON SAID DATE TO ALL PARTIES 4 LISTED 20 ADDRESS RECORD rich ar: zt 7) 12 25 Vincent F 14 | 15 o4 12 . ' 19 : ele PM