Document XOxykv1y3k9O82Rmx8EDQ1y1g

Received in Personnel Au JIJi i 3 1973 LIBERTY REDACTED ft W H ft ft ft W H ft < ft A 21040 Greenfield Road, Detroit, Michigan 48237 * Tel. (313) 566-2525 Only 5, 1973 ^SL?&y^g if11 fail Hastello taint it. mu t NteMgm ML 17 1973 ta: REDACTED " Ae*e finality taints Hr. Ptastell*: G440-146764 As per r conversation of 6/2S/73, this letter will servo to current develepwits on this fll. a copy for your Cltveland Office to keep as well. ft m H As you know, we last discussed this case with regard to job ft offer to . I then took your job offer that of a filler packer A, to Dr, Austin who has bean trestles ft wr since his original Injury in Daewher of 1970. Dr. Austin Indies ted that the job wes medically faasible for to 8 ft n> S ft perform and as did net choose to return to work for Awe Quality taints we filed a IQS* Msielns that i1d hat# returned to work with the State of Michigan, mis fore * that compensation benefits suspended as of $/#93'fallowing payments of 63 weeks and days or a total ament pM to date of $SS2t.@ Indemnity. $ ft > a It was at this tine apparently that sought to retain ft an atterasar te rnpreaewt hie la the eawpansatien netter. ft H ft < attarnap was Mr. Jones of few#* files I Jones lecetnd In the Cadillac Tower Bldg. In Detroit, Mr. Jones appears to be an able attorney and ripest*! frost m Ndlcnl reports which 1 ft forwarded which indicated that " was able te retern to his job. n> H W ft >n Hr. Jones and I had sot yet reached the stage where we were H negotiating a r^pt1a when a series of nodical reports mm H ft W p k iWad by me fraai Hr. Austin with regard t H Increasing prehlwna. First and leal report Is dated 5/15/73, ft ft > ft a copy enclosed with the letter and It Indicates that o had been In on 5/14/73 and that Dr. Austin found' ts be ft In obvious discomfort on that date. Dr. Austin felt at the tine H 1W ft flit It ms necessary to hospitalize for repeat carotid arteriogram to determine whether there were any changes taking place in the Injury site. ft LIBERTY MUTUAL INSURANCE COMPANY LIBERTY MUTUAL FIRE INSURANCE COMPANY LIBERTY LIFE ASSURANCE COMPANY OF BO: HOME OFFICES: BOSTON ft EQUAL OPPORTUNITY EMPLOYERS 0007-SWP-005806417 This hospitalization was authorized and an S/21/73 a further report P was received f*m 0r* Austin. Or* Austin indicated that he 414 E admit to Harper Hospital on 6/17/73 and performed a right U carotid arterfogras which revealed that there was an Increase In the < mass In his right arterial venus aneurysm with a rather marked P Increase In the tfjifvAp of the midline structure of the train S toward the opposite side. Or. Austin indicated that coupled with ^ the fact claimant was receiving a rather acute Increase In amount of headaches that he was experiencing, the doctor felt that there was a possible Intro or oxtra aneurysmal hemorrhage which may have occurred. Be doctor Indicated that his neurological condition remain stable, that Ms primary problem Is that of Increasing headaches over tie right side of his head, ftp, Austin felt that he Is now disabled as a result of this condition from participating It work but that Ms future prognosis Is uncertain, must he considered guarded. Or* Austin felt that If headaches Intensify or If he had a localizing neurological deficit should require surgery. Dr. Austin** Indication 1$ that surgical intervention would produce possibly grave consequences. The doctor Indicated that the .patient was discharged Saturday, S/!S and would return to the e#8e on 6/7/73. REDACTED in approximately 6/1 Or. Austin called me requesting authorization for surgery to be performed at Harper Hospital to relieve the aneurysm In right carotid artery. There followed a number of telephone conversations with Dr. Austin with regard to the causal relationship between this need for surgery at the present time and his original Injury of December 197. Basically I was questioning Br. Austin to determine whether there catinSi tt. 0* as m Or4 fcaitM fc*diifkA s*" so o r s s^'S'C^s slaesws ssr^, tisea s dkfeun amsma original injury which apparently occurred on the Job at Acme Quality Paints. If such causal relationship It not established it was my position that we would deny benefits and prepare to litigate the matter* However, on 6/7/fi, Dr, Austin responding to my oral repl Ml wl Ui I will eh!osli#ir yter revlow. Dr. teitin indicated that he felt the arterial MHfpgm and Its recent Mmmi were 4frmttlf related to the original injury of the#mat lift. Ha felt that tee blow to the head on that date aggravated an underlying coalition which had indeed been present prior to the time of the accident. However, under Michigan Statute, the aggravation of a pre-existing condition. Is grounds for compensable Injury and as such, Dr. Austin was indicating that to felt the original prsttom and the need for present surgery were rotated and In fact the present disability, and present surgery were related to the original Injury and thus becomes the responsibility of the compensation carrier. 0007-SWP-005806418 CONFIDENTIAL REDACTED -3~ there followed a number of discussion In the office as well as g with our SUM Office and *e agreed to aiinp to receive a g substantiating position from another physician, m Hen {piloted > the help of 0r. Thomas, an equally qualified neuro-surgeoii, who n discussed the case with Sr*. Austin and reviewed H medical records at Harper Hospital ft Mis # Helps * opinion g that the present problem mis retM to He original injury of w December of I70 and as such he confirmed fir. Aastfn*s opinion that He present disability was in fact compensable and was in fact related to the !7 accident at Am Quality Paints. following the receipt of this opinion on 6/W73, It was our decision that we had no reasonable grounds for withholding any payment on His particular case. Ho excellently qualified neurosuraeons a*m reviewed records. discussed the rase to aswmai % s%#f to-iei nf MtotoMadlwamsaid. 4 lrw5^p bamhftMja dwaw^ da ^iesid^ a A ei spsmlm o* w bM the condition as ft presented itself in 1973, which necessitated g He operation performed 6/19/73, were related to He original ^ injury of December 1970. Thus it was some assurance that He H condition was in fact related Hat we began payment an 6/25/73. ! can ceased to 5/14/73 was not Mid as we have no confirming opinion as to disability during this period of time* However, at this time disability benefits have begun on 5/11/73 and continue through the present time. As of He present time, we do not have any factual Information with regard to current condition. remains hospitalized at Harper Hospital and it has been estimated by Dr. Austin total period of bospiHI ization will be at least 4 weeks. There is a rumor concerning paralysis, either temporary or permanent with regard to the left side of , however nothing firm hs been evaluated with regard to His condition. The purpose of His letter is to basical!y Infer you along the lines of Mr original conversation at He plant on 6/25. The case will receive relative to its exposure. At He present time both myself and one of our Rehabilitation Hursts, Virginia Ualsh, are handling He case and probably will continue to do so for sometime. At He present time Hart If no estimate as to He length of disability incurred as a result of His type of surgery, i# will report to you as quickly at possible when such a cutoff date appears imminent,, I appreciate He excellent cooperation Hat bee been shewn both Virginia and myself by you and Hr, Berrey and we look forward to continued dealings with you on Hit particular case. As 1 Indicated in our conversation we have received a rather serious setback on this particular file, however, 1 cannot evaluate hew serious the setback is until we receive further medical fro Dr. Austin. Hopefully this will be arriving shortly so Hat we might promptly reporting to you and enlisting REDACTED 0007-SWP-005806419 CONFIDENTIAL