Document XRyKZzmnbarje2dY8ZQEQvDZ4

FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1965 DOC#: IWC048 DOCUMENT DESCRIPTION: Claimant - Bailey, Carl [From J-M Archive] File Name Contract Union Claim File: Carl Bailey Nov. 15/65 Scanned ? yes Source JMA: NS-JM Start Year 1965 Stop Year 1965 Contents claim Notes WORKERS' COMPENSATION APPEALS BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSION, prior to 1966) APPLICANT CARL BAILEY (deceased) by spousaNellie CASE # LA 288-822 Asbestos Worker DATE CLAIM FILED November 15, 1965 Inhalation of foreign matter resulting in death INJURY ALLEGED __________ ALLEGED DATE OF INJURY April 1935 to May 4, 1965 (dod) EMPLOYER/INSURER Fiberglass Corp./AETNA Casualty, et.al. including J-M Corp./Travelers No apparent Canadian carrier_______ OTHER NOTES ______ Doctors' reports discuss asbestosis DATE OF RESOLUTION August 9, 1967______ RESOLUTION ________ Compromise & Release $10,000 settlemei Apportioned among 6 insurers & 2 employers # OF PAGI DOCUMENTS COPIED 1) July 11,'66 Med Rpt of McDonald to AETNA__________ 4_ 2) Sept. 28,'66 Med Rpt of Schwartz to American______ 3_ ---- - Motorists ins. co. " 3) Jan. 7 ,167 Med Rpt of Field to Applicant's Atty--- 2_ 4) Compromise & Release___________ ____________ -- 5) Order Approving C & R _____________________________ L_ CLAIMANT d & Y I B a i leu-- --- ------- --- ----------- California Worker^' Compensation Appeals Board CARRIERS INVOLVED: The AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. American Employers Ins. Co. American Motorists Ins. Co. Argonaut Ins. Co. oAssociated Indemnity Corp. California Casualty Indemnity Exchange - California Compensation & Fire Co. oCasualty Ins. Co. of California Employers Liability Assurance Corp.Ltd. oEmployers Mutual Liability Ins. Co. of Wisconsin- _ oFidelity & Casualty Co. of New York Fireman's Fund Ins. Co. _ . . oGeneral Accident, Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co . oGreat American Ins. Co. . oHardware Mutual Casualty Co. (Sentry Ins. Co.) olndustrial Indemnity Co. olndustrial Indemnity Exchange olnsurance Co. of North America oLiberty Mutual Ins. Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. oMission Insurance Co. oNational Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers Ins. Co. oPacific Indemnity Co. ._ _ oReliance Ins. Co. (Standard Accident Ins. Co.) oSecuritydIns. Co. of Hartford.(U.S. Casualty Ins. Co.) oState Compensation Insurance Fund oTransport Indemnity Co. oThe Travelers Ins. Co. oThe United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. oZurich Ins. Co. . o ___________ _________ --- -- ---------- -- ------------- o_____________ ___ ___________ ________-- ---------------- o_________ ___________________________-- ----------- ------ o----------- ------------------- ----- -- ----------- ------ o ______ ___________ _____ -- ------------ -- ---- R/Rl WORKERS' COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 ' KELLIE W. BAILEY 4 GAEL A. BAILEY (DECEASED) Case N o . LA. 288-822 5 Applicant 6 vs. 7 FIBERGLASS CORPORATION, et al. CE SI I I A T I OK 8 9 Defendant 10 I hereby certify that the attached documents are true 11 and correct copies of the original documents filed in the records 12 13 of this office in the above-entitled matter. AOTEST my hand and the Seal of the Workers1 Compensation 14 15 Appeals Board of the State of California. 16 17 18 19 20 21 22 23 24 Dated at San Francisco, 25 California, this 23 d87 26 of March /I98/1 27 OIA W C A FORM U S t NEW t.T > M P A im iC W T o r IMDURTMAk O F INO O O fM M i A O c IAM M a c s DMA(.0 . m . d . i*ao w i cb h >ic o u lc v a n o to a m o clks. CAttrenMiA v a n ? c July 11, 1966 Eugene I. Stockwell, Jr., Esq. Weingand, Kendig & Stockwell 611 South. Catalina Los Angeles, California . Dear Mr. Stockwell: re: Carl A Bailey (dee.) B3CC49374 file I have reviewed the massive medical relating to the late Mr. Bailey, as follows: - 8 admissions to St. Mary's Hospital in Long Beach, California, from 1962 to the time of his death on 5.4.65. - autopsy protocol - office records of Arthur Beland, HD and . - W.R. Lochausen, MD - films from numerous x-ray studies - various microscopic sections. - report of investigation By Professional Adjusters, with written statements from sev eral of the deceased's foremen, etc. The issues in this case are such that the most important evidence by far is that obtained from the findings at autopsy. Any recital of illness unrelated to the cause of death would be irrelevant to your medicolegal problem in this case. As I understand it, the issues are: 1. Did the occupation of the deceased contribute to the causation of his lethal disease? 2. Specifically, did his period of employment with Owens-Coming Fiberglass Corporation contribute to the cause of death? To answer these questions, I shall review the available evidence in the following fashion: A. Cause of death as determined by autopsy, incidental findings. B. Evidence specific to this case. C. General Evidence. ' with A. Cause of Death. The microscopic sections from the autopsy done on the 54-year-old dec eased on 5.5.65., with serial #A-8l-65 (from St. Mary's Hospital), together with a review of the gross findings, show the cause of death to have been a primary undifferentiated carcinoma of the right lung, WITH metastases to the opposite lung, the adrenal glands and the liver. The primary cancer had extended to involve almost t c re: Carl A. BAILEY all of the right lung, had grown through the pleural surface to involve the wall of the chest, downwards to the diaphragm and had spread to the left lung in the form of hundreds of small metastatic nodules. There were.distant metastases of this cancer in the liver, adrenal glands, spleen and retroperitoneal nodes. Incidental Findings. 1. In tooth lungs there was an early stage of of asbestosis. This was apparent in the presence of asbestos particles, the majority of which were in the alveoli (or air sacs), with some chronic inflammation but no scarring -- the signs of an early ashestosis. 2. There was chronic emphysema, fibrosis and secondary pneumonitis which were due to the cancer and its obstructive effect, and not due to ashestosis. B. Evidence Specific to this Case. Here I shall review evidence related to the allegation that exposure to asbestos, or some other material encountered in his occupation provided a cause of his lung cancer. In particular, such a claim will, be exam ined in reference to his employment by Owens-Coming. 1. Early Phase of Asbestosis. As indicated in the autopsy report, such asbestosis of the lungs as this subject had was early, with most of the asbestos particles in the air sacs of the lungs. If this fibrous mineral is a causative factor in lung cancer (an unverified assum ption as described under "C"), the material would have to be within the substance of the lung, and especially next to the bronchial tubes, in which area this lung cancer began. ' 2. Short Employment with Defendant Company. Between June 19>1 and May 17, 1964, when the lung cancer was first diagnosed, the subject's total duration of employment with Owens-Corning Fiberglass Corporation was less than~2 years (approx. 23.25 months). As will be cited later, the interval between the origin of a lung cancer and the time it can be diagnosed when still early, amounts to a median time of 8 years. 3. No Exposure to Asbestos with Defendant. Although Mr. Bailey was classified as an "asbestos wor ker, "his employment with Owens-Coming is said not to have involved exposure to asbestos. He worked on insul ation of steam plants, composed of a calcium silicate, mineral wools and cement. Asbestos is a hydrated calcium magnesium silicate found in natural deposits in various forms, such as chrysolite in U.S. and Canadian deposits. It should be stated that the calcium silicate ref erred to above is not the cause of the pulmonary disease called silicosis; by definition, only silicon dioxide can produce silicosis. c re: Carl A. Bailey c - 3- A- Smoking of Cigarettes. One form of expo sure now generally accepted as a "cause" of lung cancer is the use of tobacco in the form of cigarettes. Stat ' istics indicate that the risk of the disease increases with the amount smoked. The history of this subject indicates that he regularly smoked 2 packages of cig arettes (40) per day, until his lung cancer was diag nosed in ay, 1964. Cancer. 5 . Duration of life after Diagnosis of lung This patient was inoperable, or incurable, when tEetxagnosis of lung cancer was first made on 5.15.64., because of involvement of the pleura with an effusion m which cancer cells were found. He survived almost 12 months from the time of diagnosis. In such inoperable cases ' average survival is 8 to 12 months. It is thus apparent that there was no unfavorable influence on the disease, i.e.. any alteration in its expected course after the diagnosis was made. This indicates that the lung cancer was not subject to augmentation by any external factor, - occupational or otherwise. c.General Evidence. Several items of general evidence are pertinent to the allegation of an occupational factor in the development of lung cancer in this subject. 1. Natural History of Lung Cancer. In the past several years it nas become possible to estimate With some accuracy the duration of lung cancer from its earliest origin to the time at which it becomes diagnosable by x-ray appearance. This has been done by serial x-ray study of untreated cases, which permitted a det ermination of the time required for such a tumor to double in diameter (doubling time), or, an increase volume of eight-fold. By semilogarithmic charts of rate of growth, it is possible to estimate the time at which the tumor originated as a single cell, or as a microscopic cluster of cells. Because ^ lung cancer is not readily apparent by x-ray study until it is 2 cm. or more in average diameter, the interval of time from origin to such a size has been used most often. the t e of lung cancer found in Mr. Bailey, or an undifferentiated carcinoma, the ? e.^ L|n from its origin to an average diameter o f J the order of 8 years. The range -.of time for this in terval was wide, or from a minimum of 2.6 years to as long asI^6t^|ap*gent case, the cancer was f a r g ^at^ * + v a n +vip ? c m l e v e l u s e d a b o v e * f r o m 2 cm* tbe l l t e S H o S d It diagnosis in May, 1964 ia d required I L i t o o f additional doutlinss. I"ua, the inijnm ,_ o._n ftf* + h i s l u n c a n c e r w a s i n tbe o r d e r 01 ? y e a r s . (References: C o l l i n s et al, Part Therapy & Nuclear Med., 1956, 76:98. cariana ex al*!*Cancer^ 1963, 16:694, andA.J.R., R.T. 1966, 96:604.) c re: Carl A. Bailey c - 4 - 2. Asbestosis and lung Cancer. Although some authors have speculated on asbestosis as a cause of carcinoma of the lung, I can find no valid evidence of such an influence. In one series, the number of lung cancer in asbestos workers had increased from 1933 to 1963, the increase was no greater than the over all increase in the incidence of lung cancer. In two groups of asbestos workers, with20 to 25 years of exposure, the incidence of carcinoma of the lung was less than for the general population of the United Kingdom, as follows: ' Lung Cancer No. Exposed Years Exposure Observed Expected 16 20-25 0 0.20 . 80 more than 20 0 0.30 (Reference: Proc. Royal Soc. Med. 1966s59s59--60.) The only form of malignant tumor with a credible relationship with asbestosis is mesothelioma of the pleura, a rare form of cancer, even in asbestos workers. This type of cancer is entirely unrelated to carcinoma of the lung. 3. Asbestosis in general Population. In a recent report from Miami, asbestos bodies were found in the sputum and smears from the lungs in 2C# of males and 205& of females over 15 years of age coming to autopsy. This is associated with increased use of asbestos and its presence in urban atmospheres, and emphasizes the lack of relationship to carcinoma of the lung. 4. With one exception, similar diseases of occupational origin, involving the lungs , show no def inite relationship to lung cancer. These include sili cosis, fihrosis of the lungs from bauxite, diatomites, graphite, mica, talc, beryllium and cotton dust. The one exception is the anthracosis of coal miners, and this may not be a valid cause-and-effect relationship. SUMMARY. An undifferentiated carcinoma of the lung, firsi tT?agnned at an advanced, incurable stage, 5 years or more after the disease had its origin. There is no evidence that occupation factor, or factors, contributed to the origin of this lung cancer, llor is there any suggestion that any external factor exerted an unfavorable effect on its course. Very truly yours, Ian Macdonald, MD IM:ec cc: J.H. Morford Aetna Casualty & Surety Company c c GEORGE SC ff .'-UtTZ. M.D. 2 0 W ILBH IH C OOUUEVAHO C V tftL V H ILLS. C A L * 0 *N IA *0 2 1 I O A S O IO L O O V A m erican M otorists Insurance Company 3545 W ilsh ire B oulevard Los A ngeles, C alifornia 90005 A ttention: M r. Ed K airath G entlem en: S eptem ber 2 8 c 1966 ` - \ =-. jr . " Re: C ase No. 81C M 7811Z C WCAB No. : 65 LA 288-822 C arl A. Bailey( D eceased ) J. T. Thorpe Inc. j . , At your request, I review ed the rath e r volum inous file referab le to the above cap tioned case, and herew ith p resen t m y thinking as to causal relatio n sh ip between the occupational activities of the decedent and his dem ise on 5 /4 /6 5 . In view of the specific problem p resen ted m e, th at of a possible asso ciatio n between* ex posure to a sb e sto s, and the finding of 'e a rly a s b e s to s 1 at A utopsy, re fle c te d upon t: causation of death ( the chief diagnosis being bronchogenic carcinom a of the right lunj w ith m e ta s ta s e s ), I s h a ll m e r e ly a t te s t to th e c a u s a tio n of s p e c if ic p e rio d s of h o sp ita ization. S T . MARY'S LONG BEACH M E MORIA L H O SPITA L: ( D iagnosis and dates only ) (1) 3 /2 3 th ru 3 /2 8 /6 2 - - P e r ib r o n c h ia l p n e u m o n itis (2) 10/13 th ru 1 1 /2 /6 2 - - A cu te and c h ro n ic c h o le c y s titis and c h o le lith ia s is ( su rg e as C holecystectom y ) (3) 5/27 th ru 6 /1 2 /6 3 - - A th e r o s c le r o tic ab d o m in al a o r tic a n e u ry sm and anem ia (4) 5 /2 0 th r u 5 /2 9 /6 4 - - R ig h t p le u ra l effu sio n w ith tu m o r c e lls in p le u ra l fluid co n sisten t with adenocarcinom a ( su rg e ry as bronchoscopy ) ' (5) 6 /8 th ru 6 /9 /6 4 --M e ta s ta tic a d e n o ca rc in o m a in rig h t p le u ra l s p a c e -- rig h t pleu effu sio n --rig h t pneum othorax, secondary to previous th o racen tesis (o) 1 /6 /th r u 1 /1 2 /6 5 - - I n tra c ta b le r ig h t c h e s t due to c a rc in o m a of the rig h t lung and pleura (7) 3 /4 th r u 4 /2 /6 5 - - In tra c ta b le rig h t c h e s t ( 6 u rg e ry as c e r v ic a l co rd o to m y , C2 and rh izo to m y , C 3 ,4 and 5 ) due to ca rcin o m a of lung (8) 4 /2 9 th r u 5 /4 /6 5 - - M e ta s ta tic d is e a s e , b ro n c h o g e n ic , te r m in a l- - C a u s e of deati as bronchogenic carcinom a. ' NECROPSY EXAMINATION SUMMARY^ N e c ro p sy ex am in atio n in th is 54 y e a r old m a le show s w id e sp re a d u n d iffe re n tia te d bro:. g en ic c a r c in o m a w ith m u ltip le d is ta n t m e ta s ta s e s a n d m e ta s ta s e s to o p p o site lung. Tr. is, in addition, a g en eralized asb esto sis th at is still in the ea rly sta g es w ith the m sjo: of the asbestos p articles being w ithin the alevoli. A dditional sig n ifican t findings are chronic em physem a and fibrosis and pneum onitis secondary to the obstruction caused the tum or. GEORGE SCBWJLRIZ. M.D. SO WIUAHIRC OUICVAAQ CVCKUV M ILL*. C A U rO R N IA * 0 2 1 CAMPIOWOOV B a ile Page AS BESTOS_ E X P OSURE: It is reaso n ab le to assum e that the decedent was exposed to such inhalation in one or m o re of the following em ploym ent p eriods: _ (1) 1937 th ru 1942 -- L ouis F ir e B ric k it In su la tio n C om pany (2) 1942 - - s h o r t p e rio d w o rk w ith F ire s to n e T ir e it R u b b e r Com pany (3) 1942 th ru 1946 - - P la n t R u b b e r it A sb e s to s W orks (4) 1946 th ru 1952 - - M a rin e E n g in e e r it Supply C om pany (5) 1952 th r u 1957 - - T h o rp e In s u la tio n C om pany (6) 1955 th ru 1957 - - in te r s p e r s e d w ith # 5--C o a s t In su latin g P ro d u c ts - (7) T h o rp e In su la tio n - -9 m onths in 1 9 5 8 --9 m o n th s in 1959--9 m onths in 1 9 6 0 - 6 m onths in 1961--6 m onths in 1963 --3 m onths In 1964 (8) O w en s-C o rn in g F ib e r g la s s --Ju n e 1961 th r u 5 /1 7 /6 4 - - p e r io d s in te rlo ck in g w ith p erio d s w ith T horpe In su latin g in te rlo ck in g when the w ork was sla ck at Owens-C ing An a s s e rte d investigation indicates th at th e re was no exposure to asbestos inhalation ; O w ens-C orning; and if th is prove factu al, then su ch w as the ca se . However', of im por is the finding of asb esto s p article s in the alv eo li ( a ir sa cs of the lung ) and not within the substance of the lung and " especially next to the bronchial tubes, in which area tl lung c a n c e r began " ( D r. M acdonald ). In the p re se n c e of chronic em physem a, fibros and atele ctasis, it is reasonable to assum e that such p articles ( asbestos ) m ay have 1 both lodged and trap p ed w ithin the .alv e o lar- sacs for a sh o rt or long period of tim e --i to y ea rs, even w ithout th e ir inclusion into the actu al parenchym a of the lungs. F u rth e r, of im port, is the m icro sco p ical study w hich again negates the presence of a s b esto s p a rtic le s in th e lung p aren ch y m a, e sp ec ially in the a re a of the bronchial tubt altho, as anticipated, th e re w ere chronic inflam m atory cells w hich m ay have been r e sultan t of the foreign bodies w ithin the alveoli, or m ay as w ell have been resu ltan t of s a m e a d v e rs ity w hich ca u se d th e e x ten siv e ac u te and ch ro n ic in fla m m a to ry changes th out the lung fields. D r. Ian M acdonald's re p o rt leaves nothing w anting in negating the asso cia tio n of the asb esto s p articles and the causation of death, one in w hich th ese foreign bodies likew i played no ro le in acceleratin g the m alignant d isease. D r. M acdonald's d iss e rta tio n in p ara g ra p h s A l; B l; C l, p a ra g ra p h 3 w hich states a suspicioned m inim um of 5 y e a rs of to tal life of the lung can cer, but the m axim um r e m ained u nstated; C2; C3; and C4, is ex cellen t and cannot be im proved upon. T hese pr sentations negate the asso ciatio n of the asb esto s p article s and the d isease entity whicl caused the dem ise. D r. M acdonald's sum m ation is se lf-ex p lan ato ry . I believe h is m edical thinking is fact an d a u th o rita tiv e , and w ill in s u b s ta n c e n e g a te fo r you any o c c u p a tio n a l a s s o c ia tio n wi the causation of death. T h ere is no advantage to be gained fro m re ite ra tin g all th at w hich is included in Dr. f C GEORGS SCHWUR1Z, &LD. S O W lU iH IM K OUUCVAMO IV CSLV H IU U . CALIFORNIA 0 * 1 1 C A K O IO L O O Y Baile Page M acdonald's re p o rt since I am of a sim ila r opinion, and m y conclusions a re sim ila r as w ell. Thank you for the privilege of review ing this file. V ery truly yours, G eorge Schw artz, M . D. G S:m t C *. : C JOHN B. FELO, M.D.. P h.O. B if id m a t c a m c m iCam m a x o o r wr*NA*. m k d ic in c n o S A N M CO IC AU U IW O tN O * 6 N O R T H 0 X 0 UAV ORtVC OCVERUY H ILLS . C A LIFO R N IA CRcrrvicn 0633 77r. Steven Roseman 1721 Test Ilinth St. Los Angeles, Calif OOCIS _ Lear .'!r. Roseaan: January 7, 1967 Re: Carl A. 7 alley : : r - ' '7^ r ' s - i ' r P u ^ J/-V io ... ` 7 5? p '~'0:'is/ C .'WCr : have had the opportunity t0 study and review the extensive records, x-ravs anc autopsy reports on the above. In addition, I have recuested and received a work record on tir. Ralley. ` In brief, this record documents the fact that for the last 23 \-ears "r. Eailey yorkec in an atmosphere where he would be exposed to asbestos/ I have teen infor nsa that a fellow worker and personal acquaintance of 'S r. Failey's had oescribed the latter's handling and vorbing with asbestos by removing it ^roa -oxe c "s -y conditions, cutting the asbestos and covering pipes and smoke stacks, etc. with this sane material. Vncer these conditions asbestos dust -as continually ir. the air, on the outer gsraents and skin ana entering the body o u n c e s . In his last employment at the Owens Corning Fiberglass Corporation Mr. 7 alley was also working with asbestos. After a orclonced illness .'tr. railey massed away on May , 195 at which time a detailed autopsy revealed a bronchogenic carcinoma originating in the right lower lung with numerous mstsstases as real as chronic emphysema and fibrosis cf the lungs as veil as "extensive acute and chrcnic inflammatory change with risked thickening of the pleura" and "within the right lung -- there is a peribronchial fibrous^granulomatous response that in areas extends out into the lung parenchyma .ithir. these granulomatous areas there are -- cylindrical particles" which are* interpreted to be asbestos bodies. Discussion: I have undertaken the opportunity to investigate and evaluate sons of ohe s. ,,ensive anc proving literature on the subject of asbestos and cancer and as many outstanding authorities have stated, see in this situation an analogy wo the exposure of t.ie radium watch dial worker anc other industrial carcinogens. Time supportive literature is growing rapidly and the evidence is almost overwhelming in favor of this association. I can only quote a few.' of the many Dertinent ref erences. ` Demy and Adler in Somerset, 1. 1., the site of an asbestos plant, have accumulated 37 proven cases of asbestosis and lung carcinoma (oersonal communication). In "Thoracic Diseases" by S. K. Rubin and M. Rubin, 7.7. Saunders, Fhila., 1962, p. 62 "Ixposure to asbestos is known to carry increased hazards for the development of lung cancer." ^On r. 70?. -^10 "lung cancer has been found as a frequent complication of asbestosis in as high as 2077 of the cases" and as compared to exposure to sili cosis where only 1.32;, of the workers have been found to have lung cancer. K. Doll: "Mortality From Lung Cancer in Asbestos Corkers", Frit. J. Indust. Med., 12, 31, 1955, reported that 15 cut of 105 asbestos workers died with lung cancer and D.K.A. "ere-ether in the Proceedings of the Third International Conference cf Ixperts or. Rr.sunccoriosis, Sydney, Australia, 1950, reported 31 of 160 deaths in asbestos v'crke: s to be cue to lung cancer. In J. R. agnail's "Carcinoma of the Lung", Livingston'. , ltd., Ldinbtr-gh, lnf0, p. 50, "It is evident therefore that -tng cancer as a specific industrial he sard cf asbestos workers" and in the two Mr. Steven F.ossman 0 January 7, 1967 volume "Chest Diseases" by I'. Fc-rry and ^Sir '^hcnas H. Sellors, Futtervcrths London, 1963, Vol. 1, p. 547, it pointed out that in Germany carcinoma of the lung in asbestos workers is nor recognized as an industrial disease. Ferhaos one of the r.ost authoritative sources of reference nor available ->s in the Annals of the Hew York Academy of Sciences, 1=65, Vol. 132, p. 1-766 rhich is a Conference On The biological Effects Of Asbestos and rhich devotes the section fro* p. 507 to ?. 6S5 on the relationship betreen asbestos and cancer. In brief , in an article by Euchanan, p. 517, it is pointed out that ther. is in Rgl&nd a high anc increasing relation of limg cancer in asbestos workers both male anc female and "The conclusion of a study is that even v.hen viewed against the steadily rising incidence of lung cancer in the copulation as a whole, there seens little doubt that there is a special risk of an intrathoracic tumor if asbestos is also present in tne lung." In the United States Hammond, Selikoff and Churg, p. 523, report that in a study of deaths of Hew York City asbestos insulation corkers 205 died of carcinomas of the lung (or pleura). Similar reports fro* other parts of the world are given including that of Dresden asbestos workers, p. 573, and other areas. Finally, the forking Group : on Asbestos and Cancer plotting a protocol for further study, p. 710, states * "there is evidence of association between exposure to asbestos and malignant neoplasia." "The types of tumors which have been shown to be associated with exposure to asbestos dust are: 1. Carcinoma of the lung; 2. Diffuse aesothelicaa of the pleura and peritoneum." ~ Another outstanding world authority on occupational cancers, 7. C. Hueper, who hes objectively detailed much of the relevant information in a new" mcnorrsnh "Occupational and Environmental Cancers of the respiratory Svstea", Springer-"' " Verlap, :iew York, 1966, p. 47, concludes that "Although cancer of the'lung does not seem to be the most frequent fatal complication of astestosis, it is evidently sufficiently frequent for elevating the lung cancer rate as a grout) and therefore is a serious sequels of exposure to asbestos." ~ ` In a discussion of the clinicorathologic relations Hueper indicates that it is characteristic that the lung cancer begin in the lower"lobes, is associated with a thickening of the pleura, has associated fibrosis and the presence of asbestos bodies. In all of these items there is a distinct correlation in the autopsy findings on Failey. Thus, it is my considered professional belief that the long and continued exposure to asbestos by Ur. Dailey was a direct and probable cause of his develop ment of cancer of the lung which "-rought about his demise. " Trusting that this report is of assistance to you, C' 1 WEIKGAND, KENDIG & STOCKWELL Attorneys at Law ,2 6ll S o u t h C a t a l i n a Los Angeles, California 90005 3 Telephone: 385-8087 4 Attorneys for Aetna Casualty & Surety Company . 5 *^ r> 6 w ;; Z 9 7 r r; \8 B E F O R E T H E W O R K M E N ' S C O M P E N S A T I O N A P P E A L S B O A a cr.j. Trn, 9 OF THE STATE OF CALIFORNIA 10 11 N E L L I E W. B A I L E Y ( W I D O W ) ) ) 12 Applicant, ) C A S E NO. 65 LA 288 822 13 vs. ) -------------- ) ) 14 FIBERGLASS CORPORATION; et al., ) COMPROMISE AND RELEASE and 15 JOKNS-MANVILLE SALES CORPORATION,) )A G R E E M E N T ----------- ) 16 Defendants. ) _____________________________ ) 17 18 The parties hereto, for the purpose of compromise only, 19 agree as follows: 20 1. T h e a b o v e - n a m e d a p p l i c a n t c l a i m s t h a t C A R L A. B A I L E Y , wh i l e 21 employed at various locations in California, between 1935 and 22 May 30, 196A, by various employers th e n insured as to Workmen's 23 Compensation Liability by various insurance companies, sustained 24 injury arising out of and occurring in the course of such employ 25 ment as follows: By reas o n of i n h a l a t i o n of asbestos particles 26 and other materials and by reason of stress and strain and 27 general exposure to conditions of employment, he sustained 26 internal injuries, including injuries to his lungs and other 29 injuries, symptoms, conditions and complaints. 30 31 2. T h e d e a t h of s a i d e m p l o y e e o c c u r r e d on K a y ^ , 19^5, as a 32 result cf claimed injury. - 1- ( c 1 3., T h e a c t u a l w e e k l y w a g e s o f t h e e m p l o y at t h e t i m e o r t h e 2 claimed Injury ere In dispute,_ while average weekly wages were 3 in dispute. 4 5 . Payments of compensation to the employee in his lifetime on 6 account of the claimed injury were none. 7 * 8 5. T h e a p p l i c a n t h e r e i n c l a i m s t o h a v e b e e n d e p e n d e n t u p o n said 9 employee at the time of said injury and states the names, ages, 10 relationship to, and the extent of dependency upon said deceased 11 e m p l o y e e to h a v e b e e n as f o l l o w s : 12 AGE RELATIONSHIP EXTENT OP DEPENDF 13 NELLIE W. BAILEY Over 21 Wife Total 14 Applicant represents there were no other dependents upon the 15 d e c e a s e d employee. 16 17 6. The parties agree to settle any and all claims of said 18 d e p e ndent on account of the cl a i m e d injury and d e a t h of said 19 e m p l o y e e by p a y m e n t o f t h e s u m o f $ 10,000.00, p a y a b l e as f o l l o w s : 20 T o t h e a p p l i c a n t i n o n e l u m p sum , l e s s a t t o r n e y ' s f e e s l e s s Less $250.00 p a y a b l e to Doct o r John B. Fie l d * 21 l i e n s , i f any, o f r e c o r d : s a i d s u m o f $ 10,000.00 t o be c o n t r i b u t 22 to as follov;s: 23 AETNA C A S UALTY & S U R E T Y CO M P A N Y 24 A M E R I C A N M O T O R I S T S I N S U R A N C E C O M P A N Y -- 25 ARGONAUT INSURANCE COMPANY -- 26 PACIFIC EMPLOYERS INSURANCE COMPANY 27 CALIFORNIA COMPENSATION & F I R E COMPANY-"' 28 FIREMAN'S FUND INSURANCE COMPANY 29 P L A N T R U E S E R & A S B E S T O S W O R K S 30 J O H N S - M A N V I L L E S A L E S C O R P O R A T I O N 31 $1,476.00 2,365.00 742.00 1,796.00 805.00 1,753.00 1,038.00 25.00 32 TOTAL CONTRIBUTIONS $10 ,000.00 - 2- c 7. T h e p a r t i e s a g r e e t h a t m e d i c a l , h o s p i t a l a n d b u r i a l e x p e n s e required by.reason of the alleged injury and death of the employee shall all be borne by the applicant and none by the defendants. - 8. The n a m e and a d dress of the a p p l i c a n t ' s a t t o r n e y is: Steven Roseman, 1621 West 9th Street, Los Angeles, California, ' who requests a fee of $ 1.250.00 p a i d $ n o n e _______________ # . having been previously 9. R e a s o n f o r C o m p r o m i s e : T h e d e f e n d a n t s , a n d e a c h o f t h e m , deny that the deceased employee sustained injuries arising out o f a n d o c c u r r i n g i n t h e c o u r s e o f h i s e m p l o y m e n t a n d f u r t h e r den; that if injury was sustained that the same was the proximate cause of the death of the employee, as alleged. Defendants, and each of them, contend that the employee's disability and ultimati death resulted from pre-existing and non-industrial conditions. By this settlement the applicant hereby releases all employers of the deceased employee during the course of his lifetime from any claims of industrial injury or by reason of the claim of industrial injury herein. This release extends to said employer: whether the same have been previously ascertained and joined in these proceedings or otherwise whether said employer was insured uninsured or permissibly self insured and this release extends further to any and all insurance carriers of any of said employers whether or not ascertained and previously Joined hereit or whether or not contributing toward the settlement herein. To resolve the many legal and factual issues involved in litigation of this matter and to avoid the hazards and delays of litigation, the parties make this settlement. 10. The u n d e r s i g n e d r e q u e s t that this c o m p r o m i s e a g r e e m e n t -3- 1 and release be approved. 2 3 11. Upon approval of this c ompromise agreement as provided by 4 ; law, and p a yment in a c c o r d a n c e w i t h the p r ovisions of said ordt 5 | of approval, said applicants and each of them do hereby releast 6 and forever discharge said employers and said insurance companJ 7 of and from all claims, demands, actions or causes of action, c 8 e v e r y k i n d or n a t u r e w h a t s o e v e r , o n a c c o u n t of, o r by r e a s o n of 9 t h e i n j u r y a n d d e a t h s u s t a i n e d as a f o r e s a i d b y t h e e m p l o y e e , ar 10 i n p a r t i c u l a r o f a n y , a l l a n d e v e r y c l a i m or c a u s e of a c t i o n 11 w h i c h t h e u n d e r s i g n e d , h e i r s , e x e c u t o r s , r e p r e s e n t a t i v e s , or 12 a d m i n i s t r a t o r s m a y h a v e h a d , n o w h a v e , o r s h a l l h e r e a f t e r h a v e 13 against said employer, said insu r a n c e carriers, and each of 14 them under Division IV of Labor Code of the State of California 15 16 12. It is agreed by all parties hereto that the filing of this 17 document is the filing of an application on behalf of the 18 applicant, that it may be set for h e aring as a regular applicat 19 reserving to the parties the right to put in Issue any of the 20 facts admitted herein, and that if hearing is held with this 21 d o c u m e n t u s e d as a n a p p l i c a t i o n t h e d e f e n d a n t s s h a l l h a v e 22 a v a i l a b l e to t h e m a l l d e f e n s e s t h a t w e r e a v a i l a b l e as o f the 23 date of filing of this docum e n t , and that it may thereafter be 24 approved, disapproved, or a decision issued after a hearing has 25 been held and the matter regularly admitted. 27 !' W I T N E S S t h e s i g n a t u r e h e r e o f t h i s _______ d a y of 28 I 1967 at 29 30 i ' A f a f'x j/ _______ 31 N b a : l e y f 1 . j , a p p l ic .c Wit n e s s e s 32 rhe app l i c a n t ' s signature ^r'fir'EVEN kose^:;:1 r.ust be a t t e s t e d by two d i s i n jt i terested nersons 0= a c k n c w l e d . / 1 2 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 c ( AMERICAN MOTORISTS INSURANCE COMPANY s' ( Representative ARGONAUT INSURANCE COMPANY ZONNI, GINNOCCHIO J ^ y L O R ' lb k . 77 PACIFIC EMPLOYERS INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY, PERKINS. BALDWIN, & THOMAS, By gV k S O* cr.' C A L I F O R N I A C O M P E N S A T I O N & FIRE" iIPAl?? C L O P T Q N itPENNYL. '4 if; f, f tt& n r n % s! 7 - By A f y .7 - \ - I-- O D r -)} Tfrv Si ; to yjc'i F I R E M A N 'S/FUND I N S U R A N C E ? C O M P N 5 ^ / / / y ^ >, , PARRAFINE COMPANY , -Representative ' ' PABCO PRODUCTS PLANT RUBBER & ASBESTOS WORKS BROBECK, PHLEGER & HARRISON, ' By ""Tfteir A t t o r n e y s . AETNA CASUALTY & SURETY JGOMPANY W E I N G A M^D ,1./Y/ _>m> G - 'i yS,T\O C.K W E L/L ,3 ' aeir Attorneys. JOHNS-MANVILLE SALES CORPORATION, A Division")of JOHNS-MANVILLE, a Corporation Self-Insured; // By y ' HERLIHY ... ' ^ HERLIHY, _______________ ^ Their Attorneys. DEPARTMENT O F INDUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ACCIOENTS WORKMEN'S COMPENSATION APPEALS STATE OF CALIFORNIA BOARD ' ..u .^L.Ll v., 3 A I L E Y , I Case No. 65 L A 2 3 3 - 3 2 2 Applicant vs. FI3ZNGLAS3 C0RP03ATION, et al O rder A pproving Compromise and Release Defendants r ^ IV*A- * . ` *- . ' iv S -II-L1 . . 5,5 After evaluation of the allegations in the Compromise and Release referred to hereinafter and the facts set forth in the m e d i c ? repor-s and m e d i c a l records f i l e d herein, it is ay opinion t*e p r o p o s e d settlement is adequate. * ' " TTie p arti to the above-entitled action have filed a Compromise and Release herein, on . August 9j 19^7, settling this case for $ 1 0 , 0 0 0 .0 0 , m addition to aU sums which may have been paid previously, and requesting that it be approved- and this Board having considered the entire record, including said Compromise and Release, now finds that it should be approved; and, IT IS ORDERED th at said Compromise and Release is approved. Award is made in favor of: NELLIE *J. BAILEY Against: T h e A e t n a C a s u a l t y k S u r e t y C o m p a n y ; A m e r i c a n M o t o r i s t s Insurance Company; .-.rgonaut I n s u r a n c e C o m p a n y ; P a c i f i c E m p l o y e r s .Insurance C o m p a n y California Compensation ._an^ Rubocr k Asbestos Payable as follows: & Fire Company; Morks/Parrafme Fireman*'s Fund Insurance Cocranv- Co./Pabco Products; Johns-Manvill /Sales Corporation. ~ Ey: American Motorists Insurance Company To: Payable- as o,.. Stev e n P.osenan, as a ttorney's fee Steven Eoseman, for costs advanced Joh n B. Field, M.D. . Nellie N. Bailey, applicant follows to applicant: The Aetna Casualty & Surety Company Argonaut Insurance Company Pacific Employers Insurance Company C e T i f o r n i a C o m p e n c a t i c n !- F i r e Cc " Fireman's Fund Insurance Company r i a n t , L u b b e r $-. A s b e s t o s Y o r k s , et al Jshr.s-Manvillc- Salr; Corpor a t i o n h :.ci IMGZLEL, CALIFOF.NL; AUw 1 -57 ..... .... (3 1) VORKBffiN'S COMPENSATION APPEALS BOARD 1.250.00 68.50 250.00 ' 79S .50 1,^76.00 7^2.00 1.796.00 Sc5.A0 1*755!00 1,0-3.00 25.00 riY,ooo.oo SERVED by m a il o n p e r s o n s s h o w n ON THE OFFICIAL ADDRESS RXCORD . DMi By: H - L . C / - C c . a v.'c a b fo rm e s (r c v 11 > - F O - M * . r FCR - 3 e 2 1 *1 WORKERS' COMPENSATION APPEALS. BOARD - CALIFORNIA (INDUSTRI AL ACCIDENT COMMISSION, pr or to 1966) APPLICANT -- WILLARD R. GRADER (deceased) by spouse Asbestos Worker Lola DATE CLAIM FILED Dec. 17, 1964 CASE , POM 1939 INJURY ALLEGED Injury to lungs/body injury due to exposure to irri ALLEGED DATE OF INJURY January 1938 - March 3, 1964 EMPLOYER/INSURER Fiberglass Engineers/AETNA Casualty, et. al. including J-M .Corp/Travelers No apparent Canadian insurer OTHER NOTES Autopsy : cerebral aneurism DATE OF RESOLUTION April 20 , 1967________ . RESOLUTION __ Compromise & Release______________ $7,500 settlement _______ apportioned among 2 employers/16 insurers DOCUMENTS COPIED __ 1) Compromise & Release 2) Order Approving C & R * 0F4 4 CLAIMANT U J H l a r d L fg . ~________ ___ California Workers' Compensation Appeals Board CARRIERS INVOLVED: The AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. oAmerican Employers Ins. Co. American Motorists Ins. Co. oArgonaut Ins. Co. oAssociated Indemnity Corp. California Casualty Indemnity Exchange ,, California Compensation & Fire Co. oCasualty Ins. Co. of California Employers Liability Assurance Corp.Ltd. Employers Mutual Liability Ins. Co. of Wisconsin Fidelity & Casualty Co. of New York " Fireman's Fund Ins. Co. Acci^ent, Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. Guarantee Insurance Co. oGreat American Ins. Co. oHardware Mutual Casualty Co. (Sentry Industrial Indemnity Co. olndustrial Indemnity Exchange olnsurance Co. of North America Liberty Mutual Ins. Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. oMission Insurance Co. Ins. Co.) * National Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers Ins. Co. oPacific Indemnity Co. Reliance Ins. Co. (Standard Accident Ins. Co.) oRoyal Indemnity oSecurity Ins. Co. of Hartford (U.S. Casualty Ins. Co.) State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins. Co. oThe United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. oZurich Ins. Co. o o :--------- ------------ -- o' ~ --------- -- ---------------- - o ~ " ------------------------------------------- o " ------------------- ----------------------- -- 5/81