Document OJ37DkdmE76zbEKvJNM7e2jB1

Vorys, Sater, Seymour and Pease l l p 52 East Gay Street Post Office Box 1008 Columbus, Ohio 43216-1008 CO/VfPEftst? APR 2 0 20m Robin R. Obetz Direct Dial (614) 464-5660 Facsimile (614)719-4892 E-Mail - rrobetz@vssp.com April 21, 2000 Ms. Tina Grenig Administrator, Workers' Compensation Sherwin Williams 101 Prospect Avenue NW Cleveland, OH 44115-1075 Re x REDACTED No. 98-632523 Sherwin Williams Dear Tina: I have now received a substantial amount of information from the above claimant's attorney regarding this claim. I am enclosing for your records a copy of the April 14, 2000 letter from the Larrimer firm stating that claimant worked at Sherwin Williams between 1969 and 1974. They forwarded quite a bit of information regarding claimant's diagnosis, medical conditions and his death. You will note from claimant's affidavit dated May 19,1998, that he worked at Sherwin Williams from 1969 to 1974 and again from September of 1974 to 1976 as assistant manager in Celina, Ohio. Claimant also had other employment before and after this time where he alleges exposure to "dangerous materials", including highly toxic paints. I am also enclosing the following: a medical report from Dr. Gutterman stating that claimant's acute myelogenous leukemia was the result of his employment in the paint industry and the cabinet making industry; the initial medical reports regarding the diagnosis of leukemia back in July of 1997 which was the primary cause of his death on September 24, 1998; copies of the marriage and death certificates; and the death claim application against Sherwin Williams. Based upon claimant's affidavits, our primary defense of this death claim is the fact that claimant's "last injurious exposure" was not with Sherwin Williams Company, it was with either his father's company from 1952 to 1969, with Martz Cabinets after 1976 or possibly with the ACME Paint Company in Bluffton, Indiana. I doubt that P.K. Lumber had much to do with his potential exposure. It appears that claimant suffered a back injury sometime in 1985, has not worked since that time and may be on permanent total disability. I presume the Larrimer firm has also been involved in that claim. Claimant's attorney also enclosed general literature regarding exposure to wood, engine exhaust and other risk factors as possible causes of leukemia. 0007-SWP-005 805930 CONFIDENTIAL Vorys, Sater, Seymour and Pease u l p 52 East Gay Sweet Post Office Box 1008 Columbus, Ohio 43216-1008 Telephone (614) 464-6400 Facsimile (614) 464B350 Cable v o r y s -me r .An1h8u.5i-0l-.ifYno;!r\ s LOWl'V F. ScUOf 18(t7- 1935 . v u ^-u n iu s T. Seymour 1873- H>2 Edward L isc 1873- 1924 in Washington 1828 L Street. X\v 1 Seventh Floor Washington. DC. ifriu-so-'TiOH Telephone (202) 4G7-8800 i <K SunUe (202) 467-8900 Robin R, Obetz Direct Dial (614) 464-5660 Facsimile (614) 719-4692 E-Mail - rrobetz@vssp.com in Ck`\ eland 2iuo One Cleveland Center Cast Ninth Sneri Cleveland, Ohio 44114- 1724- Telephone <2it>i 479 0100 Facsimile (2K>) 479-60G0 In Cincinnati suite 21 (X) * .smiim Two 221 Fast Fourth .Street Post Office S5ox 023ti Cincinnati. Ohio 45201-02.lt> Telephone i.r 13} 723-4000 Facsimile- pi,3) 723-407^ in Alexandria 277 South Washington Street Suite 310 Alexandria. Virginia 22.31 4 Telephone j?03i 847-6999 Facsimile (703) 549-4492 vs4r/t0/y 2o April 21,2000 Ms. Tina Grenig Administrator, Workers' Compensation Sherwin Williams 101 Prospect Avenue NW Cleveland, OH 44115-1075 D REDACTED Re.' Claim No. 98-632523 Sherwin Williams Dear Tina: I have now received a substantial amount of information from the above claimant's attorney regarding this claim. I am enclosing for your records a copy of the April 14, 2000 letter from the Larrimer firm stating that claimant worked at Sherwin Williams between 1969 and 1974. They forwarded quite a bit of information regarding claimant's diagnosis, medical conditions and his death. You will note from claimant's affidavit dated May 19,1998, that he worked at Sherwin Williams from 1969 to 1974 and again from September of 1974 to 1976 as assistant manager in Celina, Ohio. Claimant also had other employment before and after this time where he alleges exposure to "dangerous materials", including highly toxic paints. I am also enclosing the following: a medical report from Dr. Gutterman stating that claimant's acute myelogenous leukemia was the result of his employment in the paint industry and the cabinet making industry; the initial medical reports regarding the diagnosis of leukemia back in July of 1997 which was the primary cause of his death on September 24,1998; copies of the marriage and death certificates; and the death claim application against Sherwin Williams. Based upon claimant's affidavits, our primary defense of this death claim is the fact that claimant's "last injurious exposure" was not with Sherwin Williams Company, it was with either his father's company from 1952 to 1969, with Martz Cabinets after 1976 or possibly with the ACME Paint Company in Bluffton, Indiana. I doubt that P.K. Lumber had much to do with his potential exposure. It appears that claimant suffered a back injury sometime in 1985, has not worked since that time and may be on permanent total disability. I presume the Larrimer firm has also been involved in that claim. Claimant's attorney also enclosed general literature regarding exposure to wood, engine exhaust and other risk factors as possible causes of leukemia. 0007-SWP-005805932 CONFIDENTIAL