Document XO5nwj5xmb8qg4rd8QnD1pLOB

FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1956 DOC#: IWC010 DOCUMENT DESCRIPTION: Claimant - McCarrell, E. 0. i ; .__r;'-n2 - formerly a wholly cwned subsidiary or ^rc:'uc '"3 Corporation, under it3 then nans or the niany, Ine., which wa3 permssably self-Insured; the - supply Company whose compensation carrier as ?iv>ifi~ nnplcyers Insurance Company; Larry Carr, d/b/a Los -^el- -sirleerat Ion and Engineering Company, whose cospen- 3ation o a r M r - is unknown; J. T. Ihorpe Incorporated, whose compen sation oarsr_er was Pacific Employers Insurance Company; Johns- " at Ion, whose compensation carrier wa3 The Travel'fra -- " nCe Corr:pany; Pla*t insulation Company whose compen sation carrier was the Paciric Employers Insurance Coxapany and . Fireasy s Insurance Company; and the Cfrens-Corning Glass Co=5 - y WhSSS compensation carrier was The Aetna Casualty & Surety Compary, a corporation; all or which above alleged e m p l o y e s being At various locations throughout the State of California, sus tained an injury arising out of and occurring in the course of his emplc^nt, allegedly consisting of occupational exposure to asbes tos, s u i t i n g in the claimed injuries and disabilities to the ches claimed herein. 2 . The actual weekly wages of the employee at the tire of clc-VU3 d injury were maximum. - ' 3 . The nature of the employee's present disability Is In dispute and the employee has returned to work Irregularly since . the cessation Ox payments of temporary disability it. Disability Indemnity has been paid to the applicant herein in t h e sum of $it,160.00 at ?lto.oo per week for the period of Beefier 5, 1955 through December 4 , 1958. The amount due and unpaid to the employee 13 in dispute. 5 . The parties hereby agree to settle any ard all elate on accv-^nt of said injury by the payment of the sum of $13,500 00 over av-d above all monies paid heretofore, which sum is to be con tributed as follows: , \ -2- o i 1. Flbreboard Paper Products Corporation, 2 formerly known as The Paraffine Company, Inc., sued 3 herein as Paraffine Company, Inc., and by Plant 4 Rubber & Asbestos Works, formerly a wholly owned 5 subsidiary of Flbreboard Paper Products Corporation 6 under it3 then name of the Paraffine Company, Inc. $ 3 ,2 9 5 .CO 7 2. Standard^Accident Insurance Company, 8 a corporation ^7/ , v- 5,700.06 9 3. Travelers Insurance Company, a corporation -- 2,9^0.CO 10 4. Fireman's Fund Insurance Company, a 11 corporation . 5.00 12 5. Liberty Mutual Insurance Company, a 13 corporation 14 6. Pacific Employers Insurance Company, a 185.00 15 corporation ' 16 7. TOTAL . ' . 1,350.00 $13,50Q.c{) 17 From said cum shall be deducted the sum of 18 for attorneys' fees payable to William T. Hays, attorney for appli 19 cant, as .well a3 the deduction of any and all valid liens of record 20 from said sum. . ' , 21 6. It is agreed by and between the parties hereto that 22 any and all medical treatment not already furnished by the defen 23 dants herein Is to be borne by the applicant only, and not by any 24 of the defendants herein. . 25 7. That applicant's attorney, William T. Kays, requests 26 an attorney's fee , and has received the previous 27 attorney's fee in the amount of C.- , if any. ' 28 8. The name and address of applicant's attorney 13: 29 William T. Kay3, 6331 Hollyviocd Boulevard, Los Angeles, California. 30 9. REASONS FOR COMPROMISE: 31 A bona fide dispute exists between the parties as to -XO whether or not the applicant in fact sustained an industrial injury -3- ' i o o aa alleged, It is further contended that the disability payments to date in fact should be acreditcd to any claim for permanent dis ability, assuming an industrial injury to have occurred, rather than! as temporary disability inasmuch as, the condition was permanent ab initio. It 13 further denied that the applicant is in need of or entitled to further medical treatment, assuming that he sustained 7 an industrial injury. 8 It is further agreed by and between the parties hereto r V11 i' 1 0 12 that in the event said Compromise and Release is approved, a dis missal with prejudice may issue in favor of Larry Carr, d/b/a los Angeles Market Refrigeration & Engineering Company, CUung^gppnirg Glass Company, and the Aetna Casualty & Surety Company, a corpora 13 tion. Further, the parties desire to avoid the hazards, delays and 14 costs of further litigation, and buy their peace. All medical re 15 ports now of record are, by reference, made a part of this agreement 16 as though written herein. - 17 10. The undersigned respectfully request that this IS Compromise and Release agreement be approved. . 19 ll. Upon approval of this Compromise and Release asreenarl; 20 by the Industrial Accident Commission, and payment in accordance ! 21 with the provisions hereof, said applicant releases and forever dis 22 charges said employers and insurance carriers, and each of them, and 23 their officers, agents, servants, employees and assigns of them, and. 24 each of them, and the nurses, physicians and surgeons of then, and 25 each of them, whether acting individually or on behalf of them, .o* . 26 any of them, from all claims and causes of action, whether now known 27 or ascertained, or which may hereafter arise or develop as a result I of said injury and/or employments, including any and all liability j 28 of said employers and said insurance carriers, and each of them, to ; *" i 29 I the deoendents, heirs, executors, representatives, administrators ; 30 " t or assigns of said applicant, and in further consideration of pay- j 31 ment in accordance herewith, applicant agrees that this release will. 32 U o 1 apply to all unknown and unanticipated injuries arid damages resulting 2 from such accident, casualty, event, employment and/or employments, 3 as well a3 all those now disclosed and all rights under Section lf/*2 4 of the Civil Code of California are hereby waived. 5 Section lf&2 of the Civil Code of California reads as / 6 follows: 7 "A general release does not extend to claira . \ v/hich the creditor does not know to suspect X 8 to exist in his favor at the tine of execu- . ting the release, which, if known by him, ` 9 naist have materially affected M s settlement ' .'' with the debtor." 10 11 12. It is understood and agreed by all of the parties 12 hereto that the applicant herein has not received unemployment coa- 13 pen3ation disability benefits from any source. . * . 14 ' WITNESS THE EXECUTION HEREOF thi3 ; '. day of ' 15 . ' .* 1959> at Lo3 Angeles, and San Francisco, California. 16 17 R v l i 6 , >IcCAlu\Ei2i, Applicant'' 18 HAYS & KG LAUGHLIN 19 20 By Attorneys for Applicant 21 ARKSTONQ CORK COH?ANY, A CORPORATION; 22 TRAVELERS INSURANCE COMPANY, a corpora tion, ., 23 By: HERLIKY & HERLHSTTl ' .. 24 jj AUhfn ^ 25 Per / W Attorneys foj above defendants 26 ARMSTRONG CORK COMPANY, a corporation; 27 STMT/`ID ACCIDENT INSURANCE COM?Ain, a corporation 29 29 Ray^rcTtAis'liPk, 'iituorney for asove r dpfe^ants 30 FIBREDOARD PAPER PRODUCTS CORPORATION, 31 formerly known as The Paraffine Company,, Inc., sued herein as Paraffine Ccr.~rany, - 32 Inc., and by PLANT RUBBER & ASBESTOS A Y/ORES, formerly a wholly owned subs idler of Fibreboard Paper Products Corporation ; under its then name of The Paraffine *' Company, Inc. . By: BROBECK, PHLEGER & HARRISON t' * Pgr p-- ---> - . _ * --*~-- ~ ** Rerialdo Sciaroni,' Jr., Attorneys! for above defendants - ! UNITED CORK COMPANY, a corporation; LIBERTY MUTUAL INSURANCE COMPANY, a corporation, George R. Hasweli, Attorney for above ; Refendants ' B. Lou Lamoreaux, Attorney JOHNS-MANVILLE SALES CORPORATION, a corporation; .THE TRAVELERS INSURANCE COMPANY, a corporation, By Vul- Joseph Bilchak, Attorney for above !U' defendants PLANT INSULATION COMPANY, a corporation;! FIREMAN'S FUND INSURANCE COMPANY, a corporation, . Harold Shoop, Representative MARINE ENGINEERING & SUPPLY COMPANY; J. T. THORPE, INCORPORATED; PLANT INSULATION COMPANY; PACIFIC EMPLOYERS INSURANCE COMPANY, a corporation, By: CLQPTON/i: PENNY ^ //. , o y ,/Ct - V U f - f - A a Per _____ ______ _________________ __ Robert C. Runs, Attorney for ab re . defendants TATE OF CALIFORNIA )ss JOUNTY OF -i^QSrANGEL ) O n this A q / d a y of i'-:- , 19 ">7 , before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared 2RVEY 0. McCARRELL, known to me to be the person whose name is sub scribed to the -within Instrument, an d acknowledged to me that he executed the same. /> ,, , IN W I T N E S S 'WHEREOF, I h av e hereunto set m y hand ana airixec ray official seal the 'day and year in this Certificate first above written. v. "N 7 // Notary Public in and for said County and State of California . . . ,f ' BALTIMORE NEW YORK YCLARKSBURG ulsa Sr uouis CHICAGO ubs ANGELES IOLANTA pnTS BURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA A J K X A N l D E I R <& i ^ L I E X A H I D I E I R INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C H A R L E S STREET, BALTI MORE 18, MD. November 2, 1960 TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS "ALEX8LUE" Mr. William L. H u g h e s M a n a g e r Insurance Department Armstrong, Cork Company Lancaster, Pennsylvania. Travelers Policy No. RPB 4991518 Dear Sir:- Please note disposition made of the following claim; Date of Accident; November 14, 1956 Claimant; E. 0. McCarrell Location; Sun Valley, California Claim No.; B-8289902 Disposition: Remarks: $6,855.00 6.464.00 " 333.27 - Compensation - Medical - Expense REVISION 3 ^ Very truly yours, ALEXANDER & ALEXANDER INC. Indicate Whether: 7 rw. LOSS DEPARTMENT Workmen1s Comp._______ Auto Liability B.I.___ P.D.___ General Liability B.I. P.D. s jm BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEX A N 3IEIR & AXJEXATVIIDIER INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C H A R L E S STREET, BALTI MORE 18, MD. TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS "ALEXBLUE" July 27, 1960 Mr. William L. Hughes, Manager Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Travelers Policy No. RUB 4991518 Dear Sir: Please note disposition made of the following claim: Date of Accident: November 14, 1956 Claimant: Location: E. 0. McCarrell Sun Valley, California Claim No. : Disposition: Remarks : B 8289902 $6,505.00 6,461.58 333.27 Compensation Medical Expense REVISION Indicate Whether: Workmen's Comp. _______ X Auto Liability B.I.______ P.D.______ General Liability B.I.___ P.D. Very truly yours, ALEXANDER & ALEXANDER, INC. j&. xiaX o -v LOSS DEPARTM1EENNTT V BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA A lexander AuEXArairaiEa* INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C H A R L E S STREET, BALTI MORE 18, MD. July 13, 1960 Hr. William L. Hughes, Manager . Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Travelers Policy No. 4991518 Dear Sir: Please note disposition made of the following claim: Date of Accident: November 14, 1956 Claimant: E. 0. McCarrell Location: Sun Valley, California Claim No. : Disposition: Remarks: B-8289902 $6,855.00 - Claim 6,461.58 - Medical 333.27 - Expense REVISION Indicate Whether: Workmen's Comp.____ X Auto Liability B.I.___ P.D.___ General Liability B.I. P.D. s jm Very truly yours, ALEXANDER & ALEXANDER, INC. f a il. LOSS DEPARTMENT V TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS "ALEXBLUE" / BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ^JEXAKTIDIEIR & AJEXATOIDIER INCORPORATED insurance AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHA RL E S STREET, BAL TI MORE 18, MD. March 22, 1960 TELEPHONE TUXEDO 9-A30A BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS " ALEXBLUE" Mr. William L. Hughes, Manager Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Sirs Travelers Policy No. RUB 4991518 _ Please note disposition made of the following claim Date of Accident: Claimant: Location: Claim No.: Disposition: Remarks: November 14, 1956 E. 0. McCarrell m J t I * Tfcll Sun Valley, California B-8289902 $4,160.00 2,265.00 6,548.55 337.27 - Temp. Total - Perm. Partial - Medical - Expense Very truly yours * ALEXANDER & ALEXANDER, INC. Indicate Whether: Workmen's Comp ____ X _ Auto. Liability B.I._____ _ P.D.______ _ General Liability B.I._____ P.D._____ s jm BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA A lex a n d er INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C H A R L E S STREET, BALTI MORE 18, MD. November 18th, 1959 TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS "ALEX8LUE" Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Mr. Schiedt: Re : Ervey 0. McCarrell Sun Valley, California File B 8289902 - Comp. D/A November 14. 1956 Recent inquiry of the Travelers Insurance Company indicates that a Hearing was held, wherein other defend ants were joined. A tentative agreement for a settlement was reached, however, further details as to various contributions are still being worked out. The Travelers have promised to advise us when this has been finalized. The tentative settlement agreement is for $13,500. The above is for your information and file. Sincerely R ~^%n^-^s<^js-V- Avf-^^i ^.--jisf-' ''-'.A';.;-#>-5'--' s '^r>f!^ % ' - r H / - ^ .: "^.f,--it'^ ; 'V' '.-'T*-*::-V"./ ;,;,''.'-.%*<''.* *"*.--. -1/"- - '.f./{*>'';v , Ji '* ~f *.%.;?.V*I- .......... ' .... ` .... ' .... ..*3 August 28, 1959 Ths Travelers Insurance Company 510 V. Sixth S treet Los Angeles^ 11, C a lif. Qantlsaan Attention* Mr. Joseph Bilchak Subject* /'' MMir. Ervey 0 . McCarLfill-. jfB-8239902 ^ C a lif . #56-LA-176-681 In reply to your August 21 le t t e r , ve l i s t vhat ve b e lie v e to be the Standard Accident Insurance Company p o licy numbers oovering Mr. McCarrell' 8 employment prior to 1952* 1911 1915 1916 1917 1918 1919 1950 1951 AZ-561217 AZ-571901 AZ-590150 AZ-609225 AZ-639900 AZ-663100 AZ-638300 AZ-713180 The enclosed Thermo-fax o f our August 18 le t t e r to Mr. McDonald o f Standard yjjJL giro you the names o f the men you might vish to contact. Ve sent Mr. Boss a sim ilar se t o f P hotostats, an ticip atin g your future request. I f you have not as y e t received them, ve suggest you contact Mr. Boss, neaager o f the Los Angeles o ffio e o f AC&S, immediately. Ve agree S o cia l Security records do not n ecessa rily give the vhole story. Hovever, due to the fa c t th at the pipe covering aechanica often work for a number o f employers during the course o f a year, one might conceivably accumulate h is en tire earnings for a p articu lar year aa each aaployer i s required to report the f i r s t $3,000 paid up to and including the year 1950, $3,600 up to and including 1951, and $1,250 up to and including 195. Ve tru st th is infbxmation w ill help in apportionment proceedings. ^ Tory tru ly yours, ABMSTRQJfG CORE C0MPAHX Enclosure JL. B. Boss, AC&S, Los Angeles J . E. S e lle r , AC&S, Lancaster R. 0 . Sohledt, J r . Insurance Department CLAIM DEPARTMENT FRANK O. MENNEN, Golm Manager August 24, 1959 BRANCH OFFICE 510 W e*t Sixth Street LO S ANGELES 14, CALIFORNIA Telephone MAdison 8*0311 B 8289902 Armstrong Cork Company Re: Ervey 0. McCarrell 56 LA 176-684 - Armstrong Cork Company Lancaster, Pennsylvania Attention: R. C. Schiedt Insurance Department Gentlemen: At a recent Hearing on the above captioned matter a question of coverage for workmen's compensation insurance by Standard Accident Insurance Company was raised. Our California Inspection Rating Bureau does not have any records with regard to coverage by Standard Accident for Armstrong Cork Company; therefore, we have been asked to determine if you could supply us with the policy numbers for the periods during which Standard Accident carried your workmen's compensation insurance in California. In addition to t h e above an attempt was made to determine apportionment between the various defendants based upon Social Security Records. However, this was not possible due to the fact that the amounts from any given employer in one year are only recorded up to a maximum of $3,600.00. We have been asked therefore, to ascertain if possible, relative to the periods of employment of Mr. McCarrell, in terms of days land gross earnings during those periods of employment. Thank you for your anticipated cooperation. Very truly yours - JB:mr .Hearing Representative HOME OFFICE: 700 M A I N S T R E E T , H A R T F O R D 15, C O N N E C T I C U T August 1$, 1959 Mr. T. C. McDonald Manager, Claims Department Standard Aecident Insurance Company 548 8 . K ingsley Drive Los Angeles 5, Calif Bear Mr. McDonald] At the phone requcst 0f Mr. C. B. L itsin g er o f the Standard Aocidmt Insurance Coapeny, Pittsburgh o ffic e , we enclose P hotostats o f toe e n in gs record o f B. 0 . McCexroll Vhlle in the aploy o f Armstrong Cork Company froa 1944 to 1956 in c lu siv e. Be vas not in Armstrong* s m ploy during the yaars 1947 and 1948 Standard Accident vas the insuranoe ca rrier up to and inclnding the y**1 1951 a fter vhich Travelers toofc over. P rier to May 10, 1949# the a a jo rity o f McCarroll* s eaploynm t vas v ith other employer* as the records v i l l in d ic a te . I f tou hve any questions regarding vorking conditions, ve suggest ycu contact Mr. R. B. Boas, Di st r i ot Manager o f the Lois Angeles <ottLcjot Armstrong Contraeting and Supply Corporation, a ufaolly-om ed subsidiary o f Armstrong Cork Company. Yery tru ly yours, ABKSTBOBQ CDRK C0MPAH7 ia Sxcioauras R. B. Rosa, AC&S, Loa Angeles J . E. Z eller, AC&S, Lancaster R. C. Schiadt, J r . Insurm ce Department August 18, 1959 Mr* R* B. Ross Armstrong Contr 4400 B* Bandinl Loe Angelos 23, and Supply Corporation rard > Dear Mr* Rossi Subject 5* O. McCarroll B-S239902 Ve aclose a sim ilar Bet o f p h otostats which vas requested by Standard Accident Insurance Company la s t veek. Mr. Joseph Bilchek o f Travelers Los Angeles o ffio e requested in January o f th is year some general inform ation about McCarroll' s employment record with Armstrong, but vs b eliev e he should have the enclosed photostats* In the second retrospective rating o f our 1956 poliqy, Travelers estab lish ed a $20,000 reserve on th is claim , which resu lted in Armstrong depositing about $23,354 with Travelers. Since .Travelers Armstrong coverage only Included the years 1952 to 1956 in c lu siv e, p rior insurance companies should be involved when apportionment proceedings are in itia te d by Travelers i f I t v&s the la s t insurance carrier Involved. Ve suggest you pass th is id ea along to Travelers Los Angeles o ffic e at the time you turn over McCarroU* a employment records. . Very tru ly yours, ARMSTRONG CORK C0MPAHI JE2 Enclosures J . I . Z eller, AC&S, Lancaster R. C. Schledt, J r. 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' -. W`' '< " I P */. \'-, ^ - 1" "' ; v - ;' ' y* W W * 1 S**> y 5355 B5E25!Z5!$Z$*SOEB^SSC55CTSfT?,7r\-,r' 1 ! a / \ A C Yv\~ (LjLsis-uAQ* j ' yrYX b 7 'i ' i "* .\c i.i ^ k 1ll'l'/V'M- 0 2 .1 3 ix , e j / Y ^ Y j ^ \i & j / d ^ w ; ; 2 / / / z t$ o^4 t/f^*/- *5wA py w v w $ $ \ , 0 ^ 2 1 *5 0 54-.' BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA A lexander A uexanidieir INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C H A R L E S STREET, BALTI MORE IS, MD. June 17th, 1959 \ZC 5 TELEPHONE TUXEDO 9-A304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS 'ALEXELUE" Hr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Mr. Schiedt: B 8289902 re: E. 0. McCarrell Sun Valley, California P/A November 14, 1956 Supplementing our letter to you of June 26, 1958 pertinent to the above case, we inquired of the Travelers recently in respect to the status thereof and are now in receipt of their reply, which reads = "Please be advised that other defendants have been joined, social security records and coverage information as well as copies of our medical file are currently being served upon the other defendants. We anticipate a Hearing on this matter in the next few months." The above is for your information and file. Sincerely 1 4 S I .1 3 \ o R ALEXANDER & ALEXANDER, INC. SL 'iWl* t>T@PT. OSS DEPARTMENT f January 27# 1959 Nr* Joseph Bilchak The Trareler* Insurance Company 510 Vast Sixth S treet Los Angeles Li# C alif* Baer Sir* j Subject! /claim #1-3289902 J E* 0* McCarreil 56 U 176.634 a//*/>/<& In reply to your le t t e r o f January 20, th is nan n s employed as a building mechanic by Amstrong Cork Company fo r the f ir s t time in 1944* Prior to 1952, Standard Aooident Insurance Company was Armstrong Cork Company's insurance carrier* Hoverer, these building mechanics often worked for more than one employer daring the course o f a year. In fa c t, our records in d icate McCarreil had no employment with Armstrong during 1947 and 1913. Very tru ly yours# ABMSTROSG CORK COX?AST R. C* Schiadt# Jr* Insurance Department JZ2 \ 6^ CLAIM DEPARTMENT FRANK O , MENNEN, Claim Manager BRANCH OFFICE 510 West Sixth Street LOS ANGELES 14, CALIFORNIA Telephone! MAdUon 8-0311 January 20, 1959 B 8289902 Armstrong Cork Comp 1 Re: E. 0. McCarrall 56 LA 176-684 Armstrong Cork Company Lancaster, Pennsylvania Gentlemen: We are currently processing a Workmen's Compensation claim on a former employee before the Industrial Accident Commission here in California, It is necessary for us to know the name and periods of coverage of your Workmen's Compensation carrier for the period January 1, 1944 to January 1, 1952, It is our understanding that one of your prior insurance carriers was Standard Accident Insurance Company written through an agent in Pittsburgh, Pennsylvania. This information has been requested by our attorneys handling this claim. Therefore, any preferred attention you can devote thereto will be greatly appreciated. Very truly yours, JB:kb i tentative HOME OFFICE. 700 M A I N S T R E E T , H A R T F O R D 15, C O N N E C T I C U T V BALTIMORE NEW YORK CLARKS8URG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA A l e x a n d e r & A msxaotdhsm INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C H A R L E S STREET, BALTI MORE 18, MD. jane 26th, 1958 II! TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 5S2 CABLE ADDRESS "ALEXBLUE" Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania . . Dear M r .Schiedt: { re: E. 0. McCarrell \ Workmen's Compensation We requested a status report from the Travelers on the above case and ve quote from their letter of June 20th, 195 as follows: "This case is becoming very complicated and costly, due to the advance state of asbestosis. "The latest reserves set ftp on this case is temporary total disability $k,000; permanent partial disability $7500; medical $8500.00 and expense $10 0 . "The rnan is disabled and we believe will be so indefinitely, with constant medical treat ment. We are endeavoring to join numerous other de fendant employers, in order to show that there was other exposure to asbestosis besides the exposure at the Armstrong Cork Company. "We have filed an application for hearing, but have not as yet received a setting date." The above is for your information and file. Sincerely ALEXANDER & ALEXANDER, INC. BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO Si AlLJKXAISlIMSIl* INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C HA R L E S STREET, BALTI MORE 18, MD. May 20th, 1957 fa TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 5S2 CABLE ADDRESS "ALEXBLUE" Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania iV 211957 IYi.fi Dear Mr. Schiedt: Workmen's Compensation - 1956 re: E.O. McCarrell Sun Valley, California n/a n / i k / ^ File B 8289902 This case is now before the California In dustrial Accident Commission for a hearing. are: The reserves being carried by Travelers Temporary Total Permanent partial Medical Expense $ 1,000 3>500 2,000 100 The above is for your information and file. Sincerely Mr* James E. Tannon Alexander & Alexander, Inc* 2225 Borth Charles S treet Baltimore IS , Md. Dear Jims l March 1 , 1957 In reply to your February 25 le t t e r , we are lis t in g three lo ca tio n s in or near Los Angeles where Travelers can in sp ect our in su la tin g jobs: B* f* Qoodrioh Company 5400 East Olympic Boulevard Lob Angeles, C alifornia (Southern C alifornia Edison Company Redondo Steam Station Plant 2, U nit 6 Redondo Beach, C alifornia Douglas A ircraft Company DC-S Building Long Beaoh, C alifornia Our records in d ica te Mr* McCarrel started working for Armstrong in 1941* However, between 1944 and 1949 a period o f s ix years, he only worked a to ta l o f 7 weeks, in d icatin g th at he had other employers. From 1950 on, he worked q u ite regularly for Armstrong. These a sb estos!s claim s are on the in crease, and we are wondering i f toe manufacturers o f th is high temperature in su lation which ve use could be o f some assista n ce in toe defense o f these claims* Very tru ly yours, R* G. Schiedt, Jr* Insurance Department JEZ '4 BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO AlJKXASIDIEIR Ss A i x a ^i d e m INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH C HA R L E S STREET, BALTI MORE 18, MD. TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 502 CABLE ADDRESS "ALEX8LUE" February 25, 1957 EBSG Mr. William L. Hughes, Manager Insurance Department Armstrong Cork Company Lancaster, Pennsylvania 7 M ' WORKMEN'S COMPENSATION INSURANCE Policy No. RUB-U99l5l8__________ . Dear Bill: We are enclosing herewith copy of the Travelers letter of February 19th concerning Occupational Disease claim of E. 0. McCarrel who has acquired a lung condition which has been attributed to his handling various asbestos material while an employee of Armstrong Cork Company. We particularly want to call your attention to the last paragraph of the attached letter concerning a proposed survey .. of an insulating job currently in the vicinity of Los Angeles, California. We shall appreciate it very much if you will notify your Contract Department to afford the Travelers every opportunity to complete their inspection of these operations. JEFrmw Enclosure MAMCH orna AMMMtmATKM DWA*TMHT W. A CAJTVHt, 0 # k . M-- nu'fJerl 3& 3EmrJ** February 19, 1957 / MAMCH OfMCI 1003 M .rcan H I. Tni* IWW* J01 loat laH im or* Sir* ol C o lw t * 4 lA LT lM O tt 2, M ARYLAND Tel..*..-. lf 4 0 t0 M f 00,0 Alexander & Alexander, Inc. 2221 N. Charles Street Baltimore 18, Maryland ATTN: Mr. Fannen HE: Armstrong Cork Company Policy: RUB-4991518 Policy Period: 1/1/56-57 Claim #: B-8289902 Date of Accident: 11/1A/56 HE'S' vr:D -EB I N * e r -. r 0 ; * Dear Sir: h ^ r ^ W c o n a i " TM ^ r ^ u . S t d X of variousasbestos mtteriale * 1 1 . in the employ. of th. f S * C mnlni. This man has been with our assured since atraroxiaately i ^ ^ a l t h o u g h we understand he does estimate that p o s s i b l y f S a n t year h f . employed by other in.ul.ting c o m p a n y . W. underatand that recently Mr. McCarr.ll >'ad coughing th, coughing became so :severe hat he . ,, j ^ d by a doctor TJI T St. J T c TM T to^our^laim*department becauee of the occupational present t i . he la unabl. to and hae to conserve hi3 strength as much as possible. Our claim department has set up an estimate of $6600.00 on this claim. This is to advise you that our engineering department is * J"1" i slr of an insulating job currently in operation in the vicinity of urvy P o U f A m U This way it is felt that we will then be able this exposure. HOME OFflCE 7 00 M A I N S T R E E T , H A RT F O * D l i , C O N N E C T I C U T - Page 2 - As soon as vie have anything future for you in this matter v w i U our findings to you. suhmit TFB/slg Very truly yours, r 4 rv 4 T. F . Bryant, Asst. Office Manager jLO- it-r'J~S -0. h4^ \ tr *1 ' ? '1 ft* 7_ \ 33 0 & So 1 Sl p/A ',-', Z o *r-) 0 ',' V t n < $ \\ A - & 1 fyfjj. \ ' E mployer's report of industrial injury ' STATE OF C ALIFO RN IA d e p a r t m e n t o f in d u s t r ia l r e l a t io n s DIVISION OF LABOR STATISTICS AND RESEARCH Every question must be answered fully to avoid further correspond ence. FAILURE TO FILE IS A MISDEMEANOR SUBJECT TO MAXIMUM FINE OF $100. (Labor Code. Section 6407-6413) * Claim Department 1 THE TRAVELERS INSURANCE COMPANY 510 West Sixth Street, Los Angeles 14, Calif. DE.C 10 1956 SMB Please make this report in DUPLICATE so that we can file copies with Division of Labor Statistics and Research in your behalf. . . , work injury to an employee which causes disability lasting longer than the day of the injury or which requires medical services other than first ^t7eaT m eni muTt reported within five days after the injury. If the injury results in death, a report must be made by telephone or telegraph directly to the Division of Labor Statistics and Research not later than 24 hours after death. _______________________ EMPLOYER Armstrong Cork Coiapany (Give name under which 1. Name concern does business) g_--a'ndl205~Haple Avenua ^.LrLoa 2. Office address Street) (Manufacturing shoes, retailing men's N ature of business clothes, trucking for hire, etc.) ....... nsula tico Angeles, California DO NOT WRITE IN THIS COLUMN Case No. Employer No. mjUSBD TMPLgEE0> H cC al0fell (No.^r"i22l5?_Hart Street 4. Name--------------------- ----------------------------T*--PT* 5. Address .Street) --------... ............- -- 1------------ -------- 6. Age.. s i 9. Number of hojirs 10. Wages: $. 7. Sex: (v0 Male.: Female. T 30.&0 per day. ____ uP week- E o _per hour, or .per day. or $- ____-Soe. Sec. No,rfLsr:--s. .SSl-01-6316 &lt.y.'andNorth Hollywood 8. Check ( V) M arried- ^gle- ___ Number of day worked per week. I5k.00 .per week. (If earning at irregular rate, such Indos try Age as piece work or on commission basis, enter actual average weekly earnings for convenient period not to eaceed one year.) 11. If board. '~ V "tr or other advantages furnished in addition to wages, give estimated value $..... ..................... per day, or X . ,,per week Sex and Marital Status ACCIDENT a^a^Va lle y 12. Place of accident <Ym" otTTQ 13. On employer's premises No)..,...i.,..:Jy .. steam ifr3 u n Valley 14. Departm ent. .(County) Loa Angolea IS. Date of accident- 11-14-51 id. Hour of day_ X S ./ P .M . 17. Did injury result In disability beyond day of accident? * N o ) __ 18. If yes, give date last worked------------ ----- ---------_---_--_--_--_--_--_--_--_---_--_--_--_--_--_--_---_--_-_ _ 19. Was injured paid In full for thisdav? N -? r ^ Q S .... 20. If injured in a mine, check (V ) accident location: Surface.-----------Mill------------Underground----------- Shaft CAUSE OF ACCIDENT 21. Occupation (job titlg)._.A3.ke.3.i.Q3 ___ o r k o g - Z o g c g a a iL occupation? Check (V) Less than 6 months.----- --- ; 6 months to 2 years.-- .------- ; over 2 -y (Describe briefly, auchas: loading truck, operating rv n l n rr T r i m ' l l occurred? drill press, shoveling dirt, walking down stairs, etc.)-------n i. j- w . , 22. How long employed by you at this 23. W hat was employee doing when accident tfhT n r Weekly Wage County Accident Date Occupation o tne lungs aha caused "coughing* laaTInsulating fine p&rtTcTe Accident Type Agency -- ............. ....... ' ' (Name the specific machine, tool, appliance 25. What -- eh ie. tool, substance, or object was most closely connected with the accident? gas. liquid, etc., involved) - -- ----- (State if gears, pulley. 26. If mechanical apparatus or vehicle, what part oi it? (Y ^or *tCd 27. Were mechanical guards, or other safeguards provided? No) (Yes or __28.a!Was injure..dtihuLsa.ia?nkagant--hbeUTmat.?aak1.eNanaob)k,y employer and work^sT 29. W hat do you recommend for preventing this type of accident? Do not say. "By being more careful." Specify what should or should not be done) As t?ira tor3,,a.hauld-fac.,,,,H-Qg:n-- !---------------------- -------:----- Agency Part Mech. Defect Unsafe Act NATURE OF INJURY AND PART OF BODY AFFECTED (Describe in detail the nature of the injury and th e part of the body afiected. For am ple: am putationa U 3 6(3 SOVGl* 30. of right hidex finger a t second joint, fracture of riba, lead poisoning, dermatitis of left hand, etc.) --------- O soreneas in lungs and short breathing, 31. N am . and address of p h y r i c i a m - ^ I S O G ^ ^ ^ Personal Defect COUghll SZ Nature of Injury 32. Name and address of hospital ....-- (Yes or w a o ......... ------. 33. Has employee returned to work? No) -- 34. If yes, give 36. Did injury result in death? -N<yo")- or_So 37. If yes, give date- 38. In case of death, give name and address of nearest relative- T1 --*l-lj"5^M- Atwhat *- ,, p e r hour,. Location Extent of Injury 39. Names and addresses of witnessea- 40. Is injured related to Employer?- CL, 73. Signed by- C-4587 Rev. 7-53 printeo in u.s .a. _Hol If so how?_ - Signature Date of this report- _ll-3_-56-Official position-- District Manager Filing of this report is not an admission of liability. " . . . No report of injury required to be filed by an employer or an insurer by this chapter shall be admissible as evidence in any adversary pro ceeding before the Industrial Accident Commission." Labor Code, Section 6413. Insurance Carrier Report Lag Coded by 8-  *. V n f c ' i L - t L - i - - W * ' ' _* * V lL .a " , ',, J L - ; * .--.Im -V . j.i-'.-^ .J i- -:.' x u -* - r - V v- .'X3k- ._ * . 7/-- * J k ^ L S M^ f * < hC ^ 3