Document R0LwQjzx5VVE90knrgJjJr8z

CLEMENT H. WALL JOE L. LEVY JACK L. LIVELY JON R. VIETS HALL., LEVY St LIVELY ATTORNEYS AT LAW STRASBURGER BUILDING, QOSVfc WALNUT P. O. BOX 575 COFFEYVILLE, KANSAS 67337 August 17, 1978 TELEPHONE AREA CODE 31 251-1300 REDACTED Mr. Bill Smith Liberty Mutual Insurance P. 0. Box 13095 Wichita, KS 67213 REDACTED vs. Sherwin Williams Claim No. C979 Dear Bill: On August 11, 1978, we appeared and asked the first hear ing be continued for two weeks to enable us to further confer with Dr. Drevets to determine whether or not the Fund should be made a party. In the medical records, there is a history of asthma and bronchitis. Bill Howard informs me that the Company would not have employed with a history of asthma but would have employed her with a history of bronchitis. Therefore, it will be necessary to obtain an opinion from Dr. Drevets that the medical records reveal the asthma condition existed prior to September, 1976, in order that the Fund made be made a party based upon a misrepresentation in the application for employment. Please follow this up with Dr. Drevets and obtain a report for us at your earliest convenience. Very truly yours, HALL, LEVY & LIVELY JLL:bh N40390