Document MM2OOkDnqORDRbG6V3dBnnvDz

FILE NAME Manville JMA DATE 1953-1976 DOC JMA126 DOCUMENT DESCRIPTION Contract Unit Claim File - Armstrong Cork Workmen's Compensation Cases MEMORANDUM Date Armstrong Cork Workmen's Compensation Cases June 4 1982 By letter dated 6/2/82 from Kathy Noss at Manville we received a list of the Armstrong Cork cases These are the 1950's workmen's compensation cases which name Johns- Manville or one of its subsidiaries as a party in some capacity Please have the list of Armstrong Cork cases identified on the enclosure to this letter compared to the two indices which we have prepared of the documents received from Travelers constituting the open and closed workmen's compensation claims Please let me know if we have any documents from Travelers which correlate in any way to these claims In this regard Jim Roberts of Long and Levitt told me that Travelers does not want a copy of the microfilm of the recently delivered closed workmen's compensation claims Accordingly if we are to copy them we will only have one copy of the film made However please do not copy them until 1 you have run this cross check as concerns the Armstrong Cork cases and 2 we have again confirmed the copying with Gulley SNG cc CMC PHG WOR a comparison comparison comparison comparison lists was the we made ano cased _- PRIOR ARMSTRONG CORK'S WORKMEN'S COMPENSATION FILES -- TO 1964 IN WHICH M IS A PARTY Addison Gus California Application complaint states exposure to sawdust and dust causing injury to lungs Application indicates copies were served upon employers on February 19 1964. The list of employers which is attached includes M Sales and gives New York address Also copied is Travelers There are . total of 88 employers There is a further order joining additional parties on which the date of the order is not shown J is listed as a cc on this order Notice of hearing dated April 9 1964 lists all defendants including M Sales Further notice of hearing sent on January 2 1965 also lists M for service There is not indication as to the outcome of this claim and no final closing papers or remarks No indication is given as to whether M participated in settlement or whether M in fact answered or participated in this claim There is also no indication in the file exactly the nature of the disease from which the plaintiff suffered and as noted above the claim application was extremely vague COMMENT DO Because of the date of the application and the vagueness of the application I do not feel that this claim can be construed as notice of an asbestos disease Campbell Edward Connecticut First item in this file is a notice of hearing dated December 16 1954. M is the first named defendant and it is indicated in the notice itself that the petitioner worked for six years in Connecticut with J After the caption it states in re Informal conference -- asbestosis No affadavit of service is attached although it is addressed to all of the defendants and an acknowledgement of receipt is requested The second item is a notice of postponement dated July 1 1955 and addressed to all parties There are two similar notices dated July 7 and August 1 1955 An elaborate notice of hearing issuing date September 29 1955 lists all of the various employers and their insurance companies indicating the dates of employment for each period This notice also states re Informal conference -- asbestosis Letter dated October 4 1955 from Standard Accident Insurance Company prior insurance company for Armstrong Cork to Armstrong Cork states that the petitioner alleges Inquiries made for that he is employment suffering records from asbestosis Letter dated July 6 1955 from Armstrong Cork to Standard Accident indicates in part that Campbell was a pipe coverer on an intermittent basis The last document in the file was dated October 11 1955. There was no indication in the file as to the outcome of this claim There is no indication as to whether M entered an appearance in this claim No indication is given as to whether any conclusion is reached as to the nature of the ailments suffered by Mr. Campbell COMMENT - Two basis for challenging documents No proof of service upon M Documents do not indicate the actual condition suffered by Mr. Campbell and it is possible that he did not have any disease related to asbestos Curtis Harvey Michigan This is a very confusing file because there appears benefits to be two separate petitions for one in 1960 the second one in 1967 the first First item in the from petitioner's file is counsel a letter dated July to Armstrong Cork 29 1960 It would appear from this letter that the petitioner is actually only suing the last employer Corning Fiberglass Company but that it is giving notice also to Armstrong of this pending litigation Notice of hearing dated December 2 1960 in which Manville Insulation Co. is listed as a defendant Although listed as a defendant it is not indicated if and where it was served The nature of the applicant's disability is not stated Application for hearing and adjustment for claim dated November 21 1960 and signed by Fiberglass Corp. and Aetna Casualty Corning This document states this application is being filed by Owens- Corning Fiberglass Corp. to determine there is any - apportionment proceeding available to them as against the employer listed herein Etc. The only employer listed in this application is Armstrong Cork Co. It further states plaintiff claims disability in the nature of lungs respiratory system including 7 a cardiac condition No reference to asbestos is made Letter dated August 17 1961 from Travelers to Alexander and Alexander insurance broker provides status report indicating at trial conference on June 29 1961. The letter indicated that the medical report of Dr. Williams plaintiff The report A. Davis was produced by the states that the plaintiff suffered from arteriosclerotic heart disease pulmonary pneumoconiosis No reference is made to other emphysema defendants participating Letter dated February 1 1961 from Armstrong to Standard Accident indicates that Curtis was employed as a pipe covering mechanic and was hired through union halls Letter from Travelers to Alexander and Alexander dated July 6 1962 and attached decision The letter indicates that the decision held that Corning Fiberglass as last employer was responsible for 50 percent of disability the other 50 percent being due to occupational disease It further indicates that Corning intended to start apportionment proceedings against Armstrong Cork and other employers but before proceedings could be instituted the Michigan Supreme Court handed down decision holding apportionment section of Workmen's Comp Act to be unconstitutional Next item in the file is a petition filed September 18 1967 for a hearing this petition was not xeroxed A notice of hearing stamped mailed March 21 1968 is addressed numerous defendants including Manville Insulation Next item is an order dated March 19 1968 which orders that the employers listed in the motion be joined as party defendants Included in the list of employers which are added are Manville Insulation Company 823 Fisher Building Detroit Michigan -5- The last item is a letter dated April 2 1968 with no indication of results No indication is in the file as to medicals other than diagnosis referred to in letter of August 17 1961 COMMENT - Although M Insulation is listed on the notice of hearing dated December 2 1960 no indication' is given as to whether this notice was sent out to it at that time Also that notice does not indicate the applicant's disability It is clear that M Insulation was not made an actual defendant of this until March of 1968 and therefore it can reasonably be argued that it is doubtful any prior notice was given to it Even if M received the initial petition the petition is not included in the documents and therefore we cannot tell whether reference was made in the petition as to an asbestos disease Finally the relationship between M Insulation Co. and M Corp. is unclear Goans Gones Robert California First item isa letter dated August plaintiff's attorney filing amended 8 1963 from application to include additional employers and insurance companies The amended application has a date of August 8 1963 There are 27 named employers with dates of employment -6- including which is Manville Sales Corp. P. O. Box 3784 Rincon Annex San Francisco California The amended application indicates the applicant was an insulation worker and that he contracted pneumoconiosis The last page is a proof of service which indicates M Sales was served at the above- . referred address Also served was Travelers Insurance in Oakland California Next item is the original application filed May 20 1963. No indication is given as to whether M was an original party Letter dated January 14 1964 from Charles N. McMillan attorney for the State Compensation Insurance Fund which has cc's going to all parties including M Sales Corp. San Francisco Attached to this letter is a report by Dr. Corwin Hinshaw in which he concludes that plaintiff has pulmonary fibrosis caused from his contact for many years with asbestos fibers Next item is minutes of hearing dated April 22 1964 which lists counsel Travelers Insurance Company is represented but M is not individual defendants are not listed . Order dated August 12 1964 which approves compromise and release indicates Travelers paid 350 but does not state what defendants this payment was paid in behalf of COMMENT - It would appear clear that Mr. Gones suffered from asbestosis We also have difficulty with this one in that there is a certified proof of mailing of the amended complaint The fact that the first apparent notification was in August of 1963 is helpful since we acknowledge having information about the health hazard to these workers by the beginning of 1964 Greischar Paul J. California First item in file is notice of time and place of further hearing dated September 27 1963. It is particularly noteworthy that M was not listed in this notice Order dated April 17 1964 joining M as a party The attached list includes M Sales Corp. P. O. Box 591 Pittsburgh CA. No indication is given as to whether M was served at that time Notice of hearing dated April 17 1964 refers to attached list as to party served Assume attached list is the same as list attached to prior order which includes M This may not notify M as to nature of claim Notice of hearing sent January 28 1965 includes as cc M Sales Pittsburgh July 15 1965 Subsequent notice on Medicals sent to parties -- asbestosis indicated medical sent March 1966 Order approving compromise and release dated April 5 1966 Travelers contributed 170 , No indication as to M's participation COMMENT - 11 was not brought into this action until April 1964 and the file is unclear as to whether M was actually served at that time Hunt Melvin California First item is a notice of hearing dated January 21 Parties which were served are not listed 1966 Memo dated November 23 Alexander and Alexander 1966 from Travelers to indicates that a claim was received with a date of loss of December 31 1962 Claim was for injuries due to exposure to fiberglass asbestos and other injurious dust On further documents M is listed as a defendant Opinion of referree is given September 14 1966 approving compromise Travelers paid but no indication for whom COMMENT - The claim was not received until after 1964 and therefore of no concern -9- Munger Louis Michigan First documents indicate that hearing was held before a deputy received commissioner on May 18 1954 and that comp benefits from August 10 1953 Munger Letter from Alexander and Alexander to Armstrong Cork states that commissioner found plaintiff disabled from asbestosis On March 1 1955 the Travelers recent medical information indicated that the claimant may be suffering from pulmonary emphysema with evidence of asthmatic bronchitis It appears possible that the employee does not have asbestosis It was recommended that an appeal to the full board and petition to take additional medical testimony be made Further correspondence indicated that the petition was denied and that the award was affirmed A copy of that petition is in the file but was not included in the Heroxed materialseroved materialseroved by Fit . Letter dated September 11 1956 from Alexander and Alexander to Armstrong indicates that Travelers has written reply to inquiry which states apportionment proceedings have been commenced against the prior employers of Mr. Munger Letter dated February 27 1957 refers to apportionment proceeding and indicates that contribution to Travelers made by prior employers of Mr. Munger Letter dated August 21 1950 from Travelers to Alexander and Alexander has first reference to JohnsManville Co. This letter explains the apportionment and indicates that the exposure of each employer was tabulated M's exposure is 2 percent Notice of hearing for December 3 1959 and dated . October 23 1959 for a petition for apportionment has a long list of parties noticed including Manville Sales Corp. 22 E. 42nd Street New York New York A letter dated September 8 1961 from Travelers to Alexander and Alexander indicates that M had two percent exposure as found by the apportionment proceedings It appeared that its total payment was 12.71 at that time although previous correspondence indicates that further payments for medicals could be expected COMMENT - It appears from this file that the only document which undisputedly was sent to M was the notice of hearing for apportionment This may have routinely been forwarded to Travelers who since they were involved in this matter would not have consulted further with M The petition for apportionment which is not in the file may have made no reference whatsoever to the nature of the claim other than indicating that the claimant was a prior employee of M In other words we can argue -11- that there is no indication we had the information referred to in this file except for the notice of hearing and that this would not provide us with notice that this was an asbestos disease Onofrio Anthony J. Connecticut There are only two documents in this file a notice of hearing dated June 25 1962 and a second notice of hearing dated September 17 1962. No indication is given at all that this is an asbestos claim Although M is listed as a defendant no indication of . as COMMENT service is given On the first notice M is listed= Manville Co. Hartford - This This file can be totally discounted . disconnected There is Riley no indication that this is an asbestos case James Whitcomb California First item -- Application for Hearing and Petition for Apportionment dated November 18 1960. Thirtytwo separate employers are listed with dates of employment Number 30 is Manville Sales indicating employment of claimant in third quarter of 1955. It is indicated that the petition has been served on all parties M Sales Corp. is listed as being served at 22 East 40th Street New York New York The opening paragraph of the application states that Riley sustained the occupational disease of asbestosis with complications during the approximate period of January 20 through May 1957 while employed at California -12- Findings and award dated November 27 1959 and signed by a referee of the Industrial Accident Commission Findings of fact indicate that Riley was employed as an insulator for the various employers and that he was exposed to deleterious dust the accumulative effects of which resulted in pneumoconiosis and tuberculosis which rendered the applicant totally disabled on May 19 1957. An award is N is listed as made against M one and of the employers numerous other defendants A listing of counsel indicates that Travelers is represented Application dated April 10 1961 by Grace Riley for death benefits of James Whitcomb Riley died on January 24 1961. Attached list of parties served indicates Manville Inc. served at three locations 2960 Leonus Vernon CA Box 1450 Long Beach CA Burt Gilbertson Box 9067 Long Beach 10 CA. Next item is a notice of further hearing on the issue of apportionment notice dated April 25 1961 and served upon parties including M at the addresses listed above Notice and request for allowance of lien dated January 26 1961 which has handwritten comment settled Letter from Alexander and Alexander to Armstrong Cork indicating the desposition of the claim and listing amounts paid No indication as to whether other parties participated This file is very skimpy however the application indicates that the applicant had asbestosis and the award supported the application this It will was not served be hard to upon M refute that Our best and possibly only approach is that the case would have been tendered to Travelers on a pro forma basis Swartout John E. California Application for hearing dated December 30 1955 indicates that his employment was asbestos insulation and that his injury was asbestosis Attached list of employers include Manville It is not stated that listed companies including M were served Application for hearing -- death claim dated June 1956 13 nature of cause of death not given but it indicates he was an insulation worker and that he died on May 30 1956 Order joining parties defendant dated lists M as the party being joined January 22 1956 Notice of hearing dated June 26 1956 lists M as a party being served Next item is a report by Attorney Schwab to Standard Accident Insurance Co. dated August 24 1956 concerning the hearing of Industrial Accident Commission It is indicated that Mr. Schwab appeared for four separate insurance companies including Travelers at the hearing and that he Cork and Manville was representing on behalf of the both Armstrong Travelers Mr. Schwab's comments clearly reflect this is a serious asbestosis case and that the decedent had worked aboard vessels at the Bethlehem Shipyard It is not indicated as to who else received this report This report although obviously Armstrong : ended up with a copy probably through either Standard Accident or Travelers Further notice to all parties of hearings dated October 25 1956 and included on list is Manville Sales Corp. New York and Manville Pittsburgh California Another notice to all parties which is dated November 7 1956 but refers to prior list of parties served Report of referee -- this is very thorough Referee finds death due to asbestosis He and damaging also points out use of asbestos on vessels Special reference should be made to report concerning testimony of Wayne Kelly which indicates that M products were used by Western Asbestos where deceased worked between 1945 and 1949. It is indicated on the findings and award that it was served upon all parties shown on -15- official address record is not in file March 4 1958. That list Application for a reconsideration by defendant Western Asbestos Co. on the grounds of statute of limitations next document indicates this was denied by a referee The Commission granted the petition to reconsider Decision after reconsideration this is xeroxed upholds referee and sets forth same specific findings There is no indication this was sent to M Petition for reapportionment of occupational disease award by Western Asbestos Company Insurance Fund indicates pursuant and State Compensation_ to the award petitioner's have made certain payments This petition is seeking contribution from other defendants Last paragraph indicates listed parties and the petition including on has been mailed to list is Manville Sales Corp. in New York Letter dated February 24 1959 from attorney for State Compensation Insurance Fund ce's all parties which include M Sales Corp. New York M Trenton New Jersey M Pittsburgh California This letter enclosed petition for reapportionment Petition filed April 5 1960 by Pacific Employers Insurance Company for dismissal of apportionment claim for lack of prosecution cc to M Sales Corp. New York and M Pittsburgh California -16- There is no indication as to the final outcome of the apportionment proceedings COMMENT - This is by far the most damaging of the files There is no question that this is an related injury An attack on notice asbestos- is not particularly strong due to the number of times * M is listed as a party receiving copies of documents In the Application M no indication is given first stated notice to is listed as an employer but as to initial service The M is in the notice of hearing dated June 26 1956. It is arguable but not particularly convincing that this notice could have been sent without the prior and Order joining M being served Application There is no indicatioonf M being sent Schwab's report There are several notices to 11 of hearings which are not informative x The report of the referee indicates it was sent to all parties on official address record of March 4 1958. That list is not in the file and it could be argued that since we had of record one would expect the report to counsel be sent to him The documents concerning application for reconciliation to not mention M as receiving a copy The petition for reapportionment is the most damaging document since it infers that the deceased died of an asbestos disease and indicates mailing to M I believe our best approach in this case is to maintain that such claims would have been routinely turned over to Travelers Wines Bernard Michigan First document is a motion for joinder dated March 15 1965 attached is a list of employers joined as defendant and includes M Sales New York New York There is no application or complaint affixed to the joinder No service on any parties indicated with this document Letter dated March 22 listed in order 1965 with cc's to each employer Letter dated June 21 1965 concerning depositions in . which M Sales New York is cc'd No indication is given in this rather incomplete file as to the outcome Other than stating that the petitioner was an asbestos worker there is no indication as to the nature of the disease -18- COMMENT ... Since the first document in this file is dated March 15 1965 it does not present us with a notice problem REVIEW OF ARMSTRONG CORK WORKMEN'S COMPENSATION FILES ON JULY 11 1978 On July 11 1978 a preliminary review of files were made at their counsel's office Tennessee There were ten files in which Armstrong Cork's in Knoxville Manville was a party which were claims prior to 1964. Particular attention was given to these files Files in which notice is given between 1964 to 1969 were also reviewed Because these files did not provide any information relevant to the issue of notice I am not dictating a memo on these All files that were reviewed are checked on the list of workmen's comp claims attached ARMSTRONG CORK COMPANY Claims Workmen's Compensation Claims Asbestosis _ Claimant Hyatt Floyd o Lucille Snowden Miami FL Date of Notice 9/10/53 Hartwig Henry 1917 N. 34th Street Milwaukee WI M, / Munger Lewis M. Cuthbertson Jack 2284 Holbrook Drive Concord CA. . 2/19/54 - 5/26/54 11/15/54 7 Swartout John E. 3000 Merrywood Drive Sacramento CA Jan 12/28/55 McCarrell E. O. 12255 Hart Street N. Hollywood CA JM JM Coll Vincent P. 719 Cleveland Drive Cheektowaga NY M. ; Haake Harry a 33 Sunny Ridge Drive East Hartford TC J 12/10/56 7/25/57 10/14/57 ; Fred E. Strickland 39 Ellsworth Street San Francisco CA 11/4/57 Spencer Thomas B. R. 2 Williamstown NJ Zini Robert 3184 Turk Street San Farncisco CA ' Shepherd James 16 Ogden Street ) ; Dorchester MA ComplaCompla Compla Edoverd Sim , , . 5/21/58 6/19/58 -2/5/58 1955 \ Page 2 '. Claimant Reed Clarence H. and Wilma widow 1230 Essex Street San Antonio TX deceased Bond Thomas Cuthbertson Robert 2438 Garvin Street Richmond CA Viall Lloyd V. 5485 .. 4270 W. Kearns UT Kendrick Lloyd E. 4421 S. Havana Street Spokane WA Streithorst L. J. 2637 Lincoln Avenue Richmond CA soos esas Dean Mary widow and William deceased 61-07 Woodside Avenue Woodside NY Cif Harding Clifford / 1407 Howe Avenue - a ; . Sacramento CA . ( >) iar Rity Grace widow f and James W. deceased fe 1596 W. June Ave. Anaheim CA Gronenthal Lilly widow and John deceased 1116 Fifth Avenue Spokane WA Gilivich Steve 239 Georgia Avenue San Bruno CA Wyss John 507 Capp St. San Francisco CA Miller Arthur H. 3217 Castalia Avenue Los Angeles CA. Date of Notice 12/29/58 7/7/59 7/22/59 8/10/59 11/16/5-9. 3/3/60 9/19/60 1/12/61 Weter 1957 1957 8/10/61 11/30/61 1/10/62 2/21/62 ' Claimaint Vv Greischar 140 Roslyn Concord Paul J. Drive CA. an vid a Staples John D Onofrio Anthony J. ~ Brodale Irene widow and Frederick deceased 2344 Fulton Street Berkeley CA. ... Kingston George A. Novak Edward 3855 Riverton Avenue N. Hollywood CA. Faulkner John 12328 Carmenita Whittier CA. Goans Robert O. ~ . 4237- 25th Street St Francisco CA. Lee Wines Bernard J. co Everitt Allen bce eee Addison Gus 1302 W. 42nd Los Angeles St. CA. Victory Weldon Hoyt John W. 1300.-130 .- 64th Street Emeryville CA. Furia Del 3004 Carvel Drive Santa Rosa CA. Coates John C. Date of Notice 4/24/62 5/28/62 - 6/25/62 7/26/62 10/16/62 3/27/63 4/9/63 8/8/63 1963 1/22/64 2/19/64 3/12/64 1/14/65 14 5/7/65 Page 4 Claimant Reilly James J. 256 Stratford Dr. San Francisco CA re y Chester Marie widow and Charles deceased - - 816 Bertwood Avenue Gloucester NJ Hunt Melvin Ca oe Crader Lola J. widow and Willard deceased 10603 Valencia Street Bloomington CA ) \ ( Puetz Henry Route 2 Box Oakley CA C. LOLD JM JM Frederick Minnie widow " ( and Kenneth deceased 757 Jackson Fresno CA " \. Tyler John 6333 Dashwood --> Lakewood CA --> Clark Maruine widow and Dean deceased 13331 Lakewood Blvd. Downey CA Lumbattis Vernon 12459 E. Firestone Vlvd , Norwalk CA gm gm gm gm Herkel Virginia widow and Frederick deceased St. Paul MN Gilbert Oscar L. Stennett Eileen wodow | f and Lee W. deceasedwodow Washington Court Apt 7 - Council Bluffs IA C M Date of Notice 6/14/65 11/4/65 -_ 2 = 1/12/66 6/10/66 7/22/66 9/15/66 1/18/67 2/16/67 2/20/67 2/23/67 8/31/67 9/22/67 ke Page 5 " Claimant JM McCormick William C. JM 3169 Live Oak JM Huntington Park CA Pond Lowell M. 10989 Amery Avenue South Gate CA Horsman Robert -. Street 1725 Hayter Lakewood C^ cjm cjm Boyer Wayne E. Street 1122 Palm Las VegaNsE Hallmark Stanley 36 Anchor Drive Pittsburgh CA Hagg Pauline widow and Alvin deceased 14035 - 33rd Avenue S. Seattle WA Harris George W. 17578 Dequindre Detroit MI cress Briummer Lawrence -- 6800 N. Dort Highway Flint MI -- Pfleghaar Edward L. 141 Monterey Street Brisbane CA Gay 4910 Irvin 11th Avenue Avenue Sacramento CA Sandhofer Allicia widow we and Larry deceased 1013 Woodbine Lane Brooklyn Center MN Goss Geneva widow. and Fred deceased 5440 Mezzainine Way M Long Beach CA Nr .[os yo ws Pees 7 / +aa --... Date of Notice 11/17/67| 12/5/67 12/11/67 3/19/68 68- 6/3/68 ~ 7/29/68 8/12/68 11/14/68 12/9/68 ' 12/18/68 1/30/69| 1768 Page 6 Claimant Thompson Leslie A. 2535 Lyon Des Moines IA Owens Glen R. deceased and Fran widow P. O. Box 291 ym ym ym Verdi NV ym Hunt George W. 4119 Lennox Avenue Inglewood CA Stanley John 10786 Stanley Garden Grove Lane CA . Tudor William Merrell Evla Mae and Roy deceased 5316 Calderwood in Long Beach CA in Reif Dillon C. 5712 Newman Avenue Cypress CA Tangney William Jr. 3301 Hideaway Lane Fullerton CA Geiger Evelyn widow and John deceased 216 S. Lucas Los Ageneles CA Bujer Frances 873 Rolph Street San Francisco CA Johnson Vernon C. Morgan John E. McClure Art _ Stout Robert jn jn 3727 Grand View Blvd. Los Angeles CA jn SharSthart H C din din Date of Notice 2/21/69 3/27/69 7/30/69 1/15/69 . 10/23/69 11/5/69 3/11/70 3/18/70 3/29/70 4/27/71 5/10/71 6/25/71 6/30/71 7/26/71 1970 Page 7 Claimant Wrede Gwendoline widow and Everett deceased Boswell Dorothy M. widow. and Jerome deceased ' California Nead Douglas R. 6026 Dial Way : San Jose CA v\ Greene Joe B. 551 Eva Street .. Ventura CA Johnson Howard B. 2133 W. Lodi Avenue Lodi Lujan Louis E. Novak Sally widow and Edward deceased 1528 Prospect San Gabriel CA Bowden Elda widow and Walter deceased 14846 Beech Daly Road Detroit MI C . _ N\ Pedato Bennie M 6941 Walker Avenue ~ ( M Bell CA Fi 4 Merwin James P. P. O. Box 889 Los Altos CA Evans Harvey L. 1224 Helberta Avenue Redondo Beach CA Webb Michael J. Baumann Marjorie P.O. Box 637 San Jose CA Spuf^...hren Spuf^...hren 4 Spuf^...hren SpSufp^u...hfre^n...hrenSpuf^...hSrepnuf^...hren Spuf^...hren Spuf^...hren ; . Ail A Gje Spuf^...hren Date of Notice 7/27/71 8/3/71 10/4/71 1/12/72 4/28/72 4/25/72 9/21/72 9/72 6/21/73 7/25/73 2172 11/8/74 11/14/74 Page 8 . Claimant Wagner Charles 5921 Columbsu Avenue Minneapolis MN . South ( MM M McKee James Jr. . 2376 Genesee Street NY Cheektowaga Rogers Margherita widow and Albert deceased 13841 Bowen Street Garden Grove CA Paskov Leo T. Hartford CT | Johnson Leslie 53 Prospect Street Terryville CT Hynds John F. R.D. 3 Bristol CT Harper Maxwell A. deceased . Edith widow , Kathleen daughter 2132 Ledyard Street Saginaw MI Shoup William C. - 1385 Burt Road Montrose MI \ - Leroy Irene widow and ; John W. deceased 17 Appletree Drive . . E. Hartford CT o- | 11 COP ... ... ... ... wid wid Claire Claire Nation gm Date of Notice 11/26/74 . 2/3/75 . 2/27/75 , 754/7/75 6/30/75 . 2/5/75 1/21/76 3/3/76 1976 eo , FILE irming Cork . ARMSTRONG CORK WORKMEN'S COMPENSATION FILES suligant files) WORKMEN'S COMPENSATION ASBESTOSIS PRIOR TO 1964 IN WHICH MANVILLE WAS A PARTY CLAIMS Addison Gus California Case No. 63LA 260-240 Notice of Application 1964 Manville Employment Claims exposure to sawdust and dust Shows occupation as carpenter Campbell Edward Connecticut - Apparently hearing held in 1955 . Manville Employment through 1944 Insurance carrier for M Assurance Company Employers Liability File contains no application no medical and no indication of the result Curtis Harvey Michigan . Apparently original claims made in early 1960's in which Manville was a original claim was for cardiac condition pneumoconiosis asthma bronchitis and heart failure Apparently there was a later claim made in which Manville was added as a party in 1968 in which the claim was for pneumoconiosis asbestosis emphysema asthma bronchitis and heart failure Goans Robert. California Application made August 8 1963 Manville employment 1949-50 Claimed asbestosis Greischar Paul J. California Application filed in 1962 First notice to Manville 17 1964 Page 2 Hunt Melvin L. California Workmen's Compensation hearing in 1966 . Manville listed as an employer but no dates Apparently disability began in 1963 Munger Lewis M. Michigan Hearing in 1955 Manville a Award of 10,500 party for disability from asbestosis o Onofrio Anthony J. Connecticut Manville a party Final hearing notice September No details in file 1962 Notice showed only claim for compensation Riley James Whitcomb California Case No. 57 LA 182-835 5/26/57 Application April 5/26/57 5/26/57 5/26/57 exposure to dust 5/26/57 Opinion shows deleterious dust resulted in pneumoconiosis and tuberculosis Award 40 per week commencing May 20 Manville exposure 1955 1957 plus medical Swartout John E. California A Case No. 319552 Claim made in 1955 by employee for asbestosis Employee died in 1956 and death claim filed on June 26 1956 which was case no 55SF 169-171 aes: - Page 3 Wines Bernard J. Michigan Manville a party Proceeding was in 1955 and there was no as to date of application or indication Manville notice to Johns- Arms1t96r3ong Cork Company list shows date of notice as e M Manville Manville Manville Ken Caryl Ranch Denver Colorado 80217 303 978-2000 ; June 2 1982 Dov S. Schechter Esq Davis Polk & Wardwell One Chase Manhattan Plaza New York N.Y. 10005 Esq SteveGoldburg Heller Ehrman White & McAuliffe 30th Floor - Wells Fargo Building 44 Montgomery Street San Francisco CA. 94104 : Dear Gentlemen Pursuant to our conversation of this morning I enclose a copy of the material I recently obtained from our asbestoshealth group concerning Workmen's Compensation asbestosis , claims Very truly yours Actly Nore Cathy Noss Legal Assistant MCN mm CC C.K. Bearman Enclosure AttachmentAttachment is ARMSTRONG ARMSTRONG CORK c's " Files molysis and J molysis molysis pre cl^ns a of 1964 WHICH J A PARTY * JM Manville Internal Correspondence To , From Asbestos Litigation Department see distribution list below J.K. } Green 2-18 2-18 ... Copies Chrono Subject CONTRACT UNIT CLAIMS Date April 15 1980 At the Corea trial Gene Locks produced twenty separate Workmen's Compensation files all out of California These files had been separately certified as authentic and x therefore were admissible at trial Attached is a list of those files Cork's Most of these files were originally located in Armstrong Courels Workmen's Compensation files in a Tennessee production of documents For the Corea case Tom DeLorenzo and I reviewed each of these files and found that the vast majority could be objected to in that Manville was not a party or there was no indication of service Moreover some of these files concerned claims made after 1964 Gene Locks did not do anything the plaintiff's case however would have examined both Hugh Jackson with them with these files during I anticipate that he Cliff Sheckler and My comments on each of these files will be circulated shortly glh Distribution List Dennis Markusson - Rodger Wilson Rick Evans Helen Marsh Bob Andre Mike Taber Ken Gulley 2-19 2-18 2-19 2-19 2-19 2-19 2-18 ARE } a4 Copies of the following contract unit claims Case No. Name 63 OAK 11139 59 OAK 1053 60 OAK 3913 63 OAK 11052 62 OAK 8188 62 OAK 7422 65 OAK - 56922 66 OAK 20668 63 LB 22467 Allen Everitt ~ Robert F. Cutherson Robert F. Cutherson Robert O. Goans Paul J. Greischer John WyssJohn W. Hoyt - Henry C. Puetz- John Faulkner - 56 L.A.176-684 55 SF 169-171 57 L.A.182-835 58 SF 186-653 58 SF 182-526 60 SF 192-145 63 250-245 68 SF 223-867 E.O. McCarrel- John E. Swartout~ James W. Riley ~ Robert Zini - ~ Fred Strickland L.J. Streithorst ~ Leonard C. Brokenshire Edward L. PfleghaarP-fleghar- 61 OAK 65 LB 62 OAK 65 OAK 59 OAK 66 F 66 OAK 68 OAK 7152 29228 8566 17136 1367 16482 20668 26794 ~ Steve Gilivich - Melvin L. Hunt Roderick Brodale ~ James J. Reilly- Roy Thorsted Kenneth Frederick- Henry C. Puetz Stanley Hallmark - = " on Armstrong Armstrong Cork List