Document RpgayqNRbJrewNeEZxO1pX14z

Babcock & Wilcox Power Generation Group To | M. Ruthrauff - Manager, Corporate Safety & Health From L. Johnson - Safety Supervisor, Wilmington Works Cust. Subj. Joseph Holland vs Babcock & Wilcox - Asbestosis 1 This letter to cover one customer and one subject only. LuJ , /5L File No. or Ref. BDS 663-7 Date November 24, 1980 Attached is a copy of transcript and rulings relative to the North Carolina Industrial Commissions hearing of Joseph Holland vs Babcock & Wilcox. It was noted at the onset of the hearing that a diagnosis of as little as 1% in any level of severity for asbestosis automatically qualifies an individual for 104 weeks compensation. Said compensation is based upon wages earned at time of last exposure. Final settlement is to be determined following two additional appearances before a member of the Medical Advisory Committee to Industrial Commission. "Committed to Excellence" NORTH CAROLINA INDUSTRIAL COMMISSION DOCKET H-5747 JOSEPH HOLLAND, Employes, ) Plaintiff; ) OPINION AND AWARD SY TRAVELERS INSURANCE COMPANY", Employer; Carrier; Defendants. ) ) ) ) ) } ) FORREST H. STIUEORD II CHIEF DEPUTY COMMISSION FILED: NoV 1 3 1530 This case was heard before the undersigned in Wilmington on-22 October 1980. APPEARANCE S Plaintiff: Murchison, Fox & Newton, Attorneys, Wilmington; Frank 3. Gibson, Jr., appearing. Defendants: Crosoley & Johnson, Attorneys, Wilmington; John F. Crossley appearing. *********** The undersigned finds as facts and concludes as matters of law the following which were entered by the parties-at the hearing as STIPULATIONS 1. The parties are subject to and bound by the provisions of the Workers' Compensation Act. 2. The Travelers Insurance Company 13 and was the carrier on the risk. r 3. Plaintiff has been and is regularly employed by 5747 PAGE 2 defendant-employer and has been so employed since 1953. 4, Plaintiff's average weekly wage with defendant- employer as of `soveraber, 1970 was $150.00, and his present average weekly wage or average weekly salary is $349.61. ***** Based upon all the competent evidence, the undersigned makes the following additional i FIMDIEGn OF FACT 1. Plaintiff started working for defendant-employer in 1953. Ha worked in the boiler division* and a Part of his regular job was to cut pieces of asbestos, which was used in the construction of boilers. The asbestos would come in 4-faet by 3-feet sheets and was cut to the proper size. Such cutting operation created asbestos dust, and plaintiff was regularly exposed to the inhalation of such dUS t. 2. Plaintiff was so exposed to asbestos dust in the ^regular course of his employment with defendant-employer on a fairly regular basis until 1970, when he changed jobs. Starting h December, 1970, plaintiff began work an an industrial engineer, and hi3 job did not involve any further regular exposure to the inhalation of asbestos dust. 3. * Gn 15 Hover.bar 1978, plaintiff was seen by Dr. William Crcdle of Wilmington for evaluation of chest lesion. After-examinations. Dr. Cradle was of the impression that plaintiff had asbestos lung disease, apparently stable. 5747 PAGD 3 Plaintiff was first advised that he had asbestosis when he was so advised by Dr. Crcdle in October, 1979. 4. in March, 1920, plaintiff underwent examination by the Advisory Medical Committee to the North Carolina Industrial Commission, consisting of Dr. H. P. Cason, Chairman; Dr. 0. L. Henry, Jr.; and Dr. II. L. Seay. After exanination and survey of plaintiff's history and work record, it was the impression of the Advisory Medical Committee that plaintiff t had asfcestosis, grade II. It was further the opinion of the committee that plaintiff should have no further exposure to high concentrations of asbestos dust and that it seemed that such requirement had already been met in the past few years, since plaintiff had been working in the office. 5. On 29 July 1980, plaintiff was examined by Dr. Herbert A, Saltsnan of the Duke University Medical Center. After complete examination. Dr. Saltzman confirmed the fact that plaintiff had asbestosis. S. Plaintiff has been exposed to asbestos dust as * much as 30 working days or parts thereof within seven consecutive calendar months immediately preceding his last exposure while in defendant's employment in 1970. 7. Plaintiff has been exposed to the inhalation of asbestos dust in employment in North Carolina for at least two years within the ten years immediately preceding his ' last exposure. 8. Plaintiff filed claim with the Industrial Commission within a year after he was first advised by competent medical fi-5747 FACE 1 authority that he had asbestosis. 9. Plaintiff has the occupational disease asbestosis and contracted such disease on or before December, 1970. ***** The above findings of fact and conclusions of law engender the following additional nw,J^*,.PLrungOMT>Jviilcb rOnr rIjA*,<* 1. Plaintiff has been exposed to asbestos dust as much as 30 working days or parts thereof within seven consecutive calendar months immediately preceing his last exposure while in defendant's employment. G.S. 97-57. 2. Plaintiff has been exposed to the inhalation of asbestos dust in North Carolina for at least two years within the ten years immediately preceding his last exposure. G.S. 97-63. 3. Plaintiff has the occupational disease asbestosis, grade II, and he contracted such disease on or before ^December, 1970. G.S. 97-62. 4. Plaintiff filed claim with the Industrial Commission within a year from the date he was first advised by competent medical.authority that he had the occupational disease asbestosis. G.S. 97-58. 5. Plaintiff is entitled to compensation from defendants at the rate of $50.00 per week for a period of 104 weeks commencing 23 March 1980, the date of his examination by the Advisory Medical Committee. G.S. 97-61.6. ***** li-5747 PAGE 5. This Opinion and Award is not a final adjudication of the rights and liabilities of the parties, Such final determination, including the extent of disability of plaintiff on account of his asbcstosis, if any, must await the report of the Medical Advisory Committee as provided in G.S. 97-61.4 and the hearing provided for after receipt of such report. * * * *** AWh RD 1. Plaintiff shall not engage in any occupation which exposes him to the hazards of asbestosis. 2. Defendants shall pay plaintiff compensation at the rate or $50.00 per week, the maximum compensation rate in effect under the Workers* Compensation law at the time of plaintiff's last exposure, for a period of 104 weeks commencing 25 March, 1980; provided, however, that plaintiff complies with the above Order regarding further f exposure to asbestos. 3. Plaintiff shall again appear before a member of the Medical Advisory Committee to the Industrial Commission as soon as practical after 35 March 1931 for his second examination by said Committee as required by G.S. 97-51.3, which member of said Committee shall make such examination as is required by statute and shall forward the X-rays and findings to the other members of the Committee for their examination. The Committee shall then make a written report to the Industrial Commission as i3 required by said statute. 4. As soon as practical after 25 March 1982, 5747 PAGE 6 plaintiff shall again appear before the Medical Advisory Committee for hi3 third examination by said Committee, as is required by G.S. 97-61.4, which Committee shall make such examination as is required by statute. The Committee shall then make a written report to the Industrial Commission, as is required by said statute. 5. The Secretary of the Industrial Commission or the Occupational Disease Section of the Industrial Commission is hereby directed to make arrangements for such examinations herein provided. 6. After receipt of the third report of the nodical Advisory Committee, unless an agreement between the parties shall have been approved, the case shall again be placed upon the Comission's hearing docket and shall be set for a final hearing, at which time the Commission shall receive competent evidence bearing on the case and shall make a final disposition of the case f determining what compensation, if any, plaintiff nay be entitled to receive in addition to the 104 weeks of compensation herein awarded. 7.- Defendants shall pay medical expenses incurred as a result of the occupational disease giving rise hereto when bills for the same shall have been submitted to and approved by the Commission, and the defendants shall pay the cost of the examinations as contemplated by G.S. 97-61 as herein provided. 8. A coun9elfe(e j,n the amount of $1,560.00 is El--5747 PAGE 7 hereby approved for plaintiff's counsel, and such amount shall be deducted from compensation due plaintiff and paid directly to his attorneys. 9. Defendants shall pay the costs. FHS:ccp 11-18-80 FORREST K. SBUFOPD II CHIEF DEPUTY COMMISSIONER r 2) r<*-s. STATE OF NORTH CAROLINA County of New Hanover CITATION) . vja*iw.To fj4( toa#S7or case. /o/* /r; File if 80 CvS 2893_____________ In The General Court of Justice Superior Court Division JOSEPH W. HOLLAND. Plaintiff, SUBPOENA TO PRODUCE DOCUMENT vs. OR OBJECT JOHNS-MANVTLLE SALES CORPORATION, et al., Defendants. NOTE: Hie necessity for the appearance of Mr. Visible may be eliminated by the furnishing of legible true copies of the requested documents to the following attorney of record for TO: Mr. B. G. Womble namePersonnel Manager Babcock & Wilcox Raybestos-Manhattan, Inc.: Gerard H. Davidson, Jr. Smith Moore StaLth Schell & Hunter, P. 0. Box 21927, ------------------------------ Greensboro, N. C. 27420 GREETING: ^ffirofnfionf-North Carolina -2-8403 address jit.the .law offices of Crossley & Johnson, YOU ARE HEREBY COMMANDED to appear SxfcXXXXfcE 922 Pr<nra "wl 1 mlngi-nn r H P. OM1C0CMC N.C. on the 11th day of June, 19 81 , at 10:00 o'clock a .m., to testify in the above entitled action and bring with you all personnel records, employment records, ccnpensatlan records, medical records, and all other records maintained by Babcock & Wilcox at the Wilmington, N.C., facility or any --Oth-/J;'T lor.-itlm pprtflTnTna ^ proTnyment.. mnpefnml-Tnnf work Matnry^ and ftcrtTpa-hlonal ^^^iflssuWjpeefnenaa ifssi^sssuuee?d wupoanna^pLpiclicaatitoionn ooff tthhee ddeeffeennddaanntt RRaavybbeessttooss--MMaannhhaattttaann., Issued this /f day of _______ _______________________, 19 f/ . n* McNeill Smith Gerard H. Davidson, Jr. Smith Moore Smith Schell & Hunter ^yli cant's toraey _______ NCNB Bldg ., P. 0. Box 21927 Greensboro, North Carolina 27420 Address (919) 378-1450 Telephone Number Clerk of Superior Court/Magistrate By: i; Assistaht/^ep&ty Clerk OFFICER'S RETURN I certify that the above subpoena to produce documents or objects was received on the day of *, 19, and that on the day of 19_____ , it was served on in the following manner: Fee, $Paid G.S. 7A-103(1), 8-61, 1A-1, Rule 45 A0C-L Form 56 Rev. 12/72 Sheriff or Other Officer