Document YEygNXe8m3mJJGD67xbBKQbV

FILE NAME JT Thorpe & Sons JTT DATE 1958-1960 DOC JTTO05 DOCUMENT DESCRIPTION WC Claim - Zini \ ' INBER Ri { ; , Byte: E. From S. Zeller Taylor Lancaster San Francisco Subject Claim File No. S.F. 186-653 Robert Zini vs. various Contractors OKES J _mstrong CONTRACTING March 25 1960 APR 1960 WH Attached file claim form pertaining insulation contractors for hospital to Robert Zini versus various expenses incurred by the ceased asbestos worker .f wy You will Hospital recall previous correspondence were forwarded last year and bills from St. Mary's DJM P.S. I assume you will handle this with our Insurance Department FORM 31501 1.59 oo os BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO S.F. 186-653 ROBERT ZINI 1 Applicant ) VS ) WESTERN ASBESTOS CO ARMSTRONG CORK ) CO LORENTZEN CO PLANT ASBESTOS CO J. T. THORPE & SON CHARLES 1 AYRES CO DOUGLAS INSULATION JACKSON HOPKINS CO STATE COMPENSATION ) INSURANCE FUND TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY ) ARGONAUT INSURANCE EXCHANGE U. S. FIDELITY & GUARANTY COMPANY and 1 ZENITH NATIONAL INSURANCE COMPANY ) Defendants ) FILED MAR 18 1960 CATE gh ORDER JOINING PARTIES DEFENDANT be and GOOD CAUSE APPEARING THEREFOR IT they IS ORDERED that the following are hereby joined as parties named insurance carriers defendent in the above entitled matter STATE COMPENSATION INSURANCE FUND TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY - ARGONAUT INSURANCE EXCHANGE U. S. FIDELITY & GUARANTY COMPANY ZENITH NATIONAL INSURANCE COMPANY GWL See attached sheet for service GEORGE W. LANE Referee INDUSTRIAL ACCIDENT COMMISSION ROBERT ZINI S.F. 186-653 COPY OF ORDER JOINING PARTIES SERVED UPON THE FOLLOWING COPY OF APPLICATION FILED JUNE 20 1958 SERVED ON ALL PARTILS JOINED HEREIN St. Mary's Associated Hospital Indemnity 2200 Hayes Corp. 433 St. San Francisco Calif California St. San Francisco Calif Attn Marjorie D. Elder William R. Jennings 3184 Turk St. San Francisco Calif Smith & Parrish 501 Financial Center Bldg Oakland Celif Charles C. Sullivan 870 Market St. San Francisco Celif Western Asbestos Co. 148 Townsend St. San Francisco Calif Armstrong Cork Co. 304 Shaw Road South San Francisco Calif Lorentzen Co. Pier 1/2 San Francisco Calif Plant Asbestos Co. 1300 64th Emeryville Calif J. T. Thorpe & Son 1351 Ocean Ave. Emeryville Calif Charles Ayres Co. 698 Minnesota San Francisco Calif Douglas Insulation 337 Irwin St. San Francisco Calif Jackson Hopkins Co. 115 Oak Bakersfield Calif State Compensation Ins Fund 450 McAllister St. San Francisco Calii Travelers Insurance Co. 315 Montgomery St. San Francisco 4 Calif Industrial Indemnity Co. 350 Sansome St. San Francisco 6 Calif Argonaut Insurance Exch U. S. Fidelity & Guaranty Zenith National Ins Co. 210 Sansome St. San Francisco 6 Calif Co. 444 California St. San Francisco Celi 582 Market St. San Francisco Calif Hanna & Brophy 1540 San Pablo Ave. Oakland 12 Calif Attn Ivan A. Schwab < ROBERT ZINI various VS. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FILED JUN 20 1958 CASE NO 58 SF 186-653 APPLICANT- 3184 Turk St. San Francisco APPLICANT'S ADDRESS Cal EMPLOYER Social Security No. see attached list EMPLOYER'S ADDRESS various IMPLOYER'S INSURANCE CARRIER INSURANCE CARRIER'S ADDRESS 1 NAME OF EMPLOYEE asbestos worker worker as OCCUPATION AT TIME OF INJURY various 6/23/1904 DATE OF BIRTH alleges that while employed on May 31 DATE OF INJURY 19_5 Francisco ' CITY TOWN OR PLACE WHERE INJURY OCCURRED , California he sustained injury arising out of and in the course of the employment as follow , NAME OF EMPLOYER handling asbestos handling EXPLAIN HOW INJURY WAS RECEIVED resulting asbestosis STATE WHAT PARTS OF BODY WERE INJURED AND SUBSEQUENT RESULTS : was the employer's insurance carrier on date of inju 2 various NAME OF INSURANCE COMPANY OR IF EMPLOYER WAS NOT INSURED STATE WHETHER INSURED OR UNINSURED May 1958 date indefinitely 3 May , and PERIODS OFF WORK DUE TO THE INJURY DATE INJURED RETURNED TO WORK DATE LAST MEDICAL FURNISHE 4. Was compensation __no_ YES OR NO $ TOTAL PAID $ WEEKLY RATE DATE OF LAST PAYMENT 5. Earnings at time of injury _max @ MONTH OR WEEK .The basis of pay was STATE PAY PERIOD OR HOURLY RATE HOURS A DAY AND DAYS A 6. Was medical treatment needed YES OR NO Who furnished treatment Burton MD Francis GIVE NAMES OF DOCTORS WHO Campagane MD TREATED THE INJURY AND STATE WHO PAID THEIR BILLS 7. This application is filed to determine liability for 2. Temporary disability YES OR NO b Permanent disability YES OR NO c Medical treatment YES OR NO yes- d Medical yesYES OR N yes f e Litigation expense YES OR NO STATE ANY OTHER REASON ' LIST CASE NUMBERS OF ANY OTHER APPLICATIONS FILED WHEREFORE it is requested that a time and place be fixed for hearing and that an award be made granting such relief as m proper under the Workmen's Compensation Laws of California Dated at Oakland > California June 19 19 , 1958 CITY DATE Hearing requested at Oakland , Calif CITY of Number NumberNumber of witnesses witnesses Estimated time of trial_ Served on EE ER INS EEA ERA INSA FOR OFFICE USE ONLY By-- Date_ ROBERT ZINI s Smith & Smith & APPLICANT'S SIGNATURE Parrish Parrish Parrish APPLICANT'S ATTORNEY 501 Financial Center Bldg Oakland California ADDRESS AND TELEPHONE NUMBER ATTORNEY'S ROBERT ZINI Western Asbestos Co. | 148 Townsend San Francisco ~. ny Armstrong Cork Co. ,a 304 Shaw Road So.San FranciOscPo S Lorentzen Co. : _1 , | Pier 1/2 San Francisco . . Plant Asbestos Co. 1300 64th Emeryville Calif J. T. Thorpe & Son 1351 Ocean Ave. Emeryville Calif Charles Ayres Co. 698 Minnesota San Francisco Lorentzen Co. Ayres Co. 698 San Francisco Pier San Minnesota Calif Francisco Lorentzen Co. San Francisco Pier 1/2 Calif Douglas Insulation 337 San Francisco Calif Irwin St. Western Asbestos 148 San Francisco Calif Townsend Western Asbestos 148 Townsend Armstrong Cork San Francisco Co. 304 Shaw Road Armstrong Cork San Francisco 304 Shaw Road So. Jackson Hopkins Co. Bakersfield Cal Western Asbestos 148 San Francisco Calif Townsend Western Asbestos 148 Townsend Jackson Hopkins Bakersfield SF Douglas Insulation 337 San Francisco Calif Irwin St. July 30 1935 to Oct. 1954 Nov. 1954 - Nov. 1955 Jan. and Feb. 1956 Mar. 1956 through Nov. 195 Dec. 1956 Dec. 1956 Jan. 1957 Feb. 1957 July 1957 Sept. 1957 Oct. 1957 Nov. 1957 Dec. 1957 3 Jan. 1958 Feb. 1958 Apr. and Mar. 1958 Robert Zini |... San Francisco California California ArmstrongArmstrong Cork Company Company mee a March , arch 196 . _ eet et ene we oe a ae ee soe awe Juw as penn eeincna ts wane ney nei ans ray cn eget eeee cose vanes 4 Same eens i magne Com J i meee co - spew pn emer m magukatake nen enn cee apeneeentey ee senna et eens _ coe ene a mete ence eciee ob voc etn nh ones nnn ptvenneunie twin _ natin cn cea 7 oe ne ee eet va mee coe ene egem t ta et a Ak ner tin Of eRe a vee vemeae wow wows enum mere ns vec vaee wee ~ oa ee ens AOE Ae ene et aoe same ne ~ aon os ow ~ sae a etd aoe se Peed woe ome ~ ae ere aes a Le Oe Ampere Sipe YON HE LpeeRte eeorRE A eonerremnecionnens ae eee nine atten pet en ea erro - pees anion a een aae s mere cep smup nies eotemanapsate o tmunne ty www ne es eee te . . ce eee pewice coe mete una coeveumiments ween ne cece oe ee - ~ me ee ae ae ne: vee nee i vee ow INTER OFFIC COMMUNICATION To J. E. Zeller Lancaster From J. S. Taylor San Francisco Subject Claim File No. S.F. 186-653 Robert Zini vs. various Contractors rmstrongCONTRACTING March 25 1960 APR 1960 WIH Attached file claim form pertaining insulation contractors for hospital ceased asbestos worker to Robert Zini versus various expenses incurred by the You will recall previous correspondence Hospital were forwarded last year and bills from St. Mary's DJM P.S. I assume you will handle this with our Insurance Department FORM 31501 1.59 as on BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO S.F. 186-653 1 ROBERT ZINI Applicant V8 WESTERN ASBESTOS CO ARMSTRONG CORK Co. Co. LORENTZEN CO J. T. THORPE & PLANT ASBESTOS SON CHARLES AYRES CO DOUGLAS INSULATION JACKSON HOPKINS CO STATE COMPENSATION 1 INSURANCE FUND TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY ARGONAUT INSURANCE EXCHANGE U. S. FIDELITY & GUARANTY COMPANY and ZENITH NATIONAL INSURANCE COMPANY Defendants ee FILED MAR 18 1960 DATE gh gh ORDER JOINING PARTIES DEFENDANT GOOD CAUSE APPEARING THEREFOR be and IT IS ORDERED that the following named insurance carriers they are hereby joined as parties defendent in the above entitled matter STATE COMPENSATION INSURANCE FUND TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY ARGONAUT INSURANCE EXCHANGE U. S. FIDELITY & GUARANTY COMPANY ZENITH NATIONAL INSURANCE COMPANY GWL See attached sheet for service nad GEORGE W. LANE Referee INDUSTRIAL ACCIDENT COMMISSION ROBERT ZINI S.F. 186-653 COPY OF ORDER JOINING PARTIES SERVED UPON THE FOLLOWING COPY OF APPLICATION FILED JUNE 20 1958 SERVED ON ALL PARTILS JOINED HEREIN St. Mary's Associated Hospital Indemnity 2200 Hayes Corp. 433 St. San Francisco Calif California St. San Francisco Calif Attn Marjorie D. Elder William R. Jennings 3184 Turk St. San Francisco Calif Smith & Parrish 501 Financial Center Bldg Oakland Calif Charles C. Sullivan 870 Market St. San Francisco Calif Western Asbestos Co. 148 Townsend St. San Francisco Calif Armstrong Cork Co. 304 Shew Road South San Francisco Calif Lorentzen Co. Pier 1/2 San Francisco Calif Plant Asbestos Co. 1300 64th Emeryville Celif J. T. Thorpe & Son 1351 Ocean Ave. Emeryville Calif Charles Ayres Co. 698 Minnesote San Francisco Calif Douglas Insulation 337 Irwin St. San Francisco Calif Jackson Hopkins Co. 115 Oak Bakersfield Calif State Compensation Ins Fund 450 McAllister St. San Francisco Calif Travelers Insurance Co. 315 Montgomery St. San Francisco 4 Calif Industrial Indemnity Co. 350 Sansome St. San Francisco 6 Calif Argonaut Insurance Exch U. S. Fidelity & Guaranty Zenith National Ins Co. 210 Sansome St. San Francisco 6 Calif Co. 444 California St. San Francisco Celi 582 Market St. San Francisco Calif Hanna & Brophy 1540 San Pablo Ave. Oakland 12 Calif Attn Ivan A. Schwab < is is ROBERT ZINI various VS. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FILED JUN 20 1958 CASE NO 58 SF 186-653 APPLICANT- 3184 Turk St. San Francisco APPLICANT'S ADDRESS Cal EMPLOYER Social Security No. _ see attached list EMPLOYER'S ADDRESS various EMPLOYER'S INSURANCE CARRIER INSURANCE CARRIER'S ADDRESS 23 1904 195 1 NAME OF EMPLOYEE DATE OF BIRTH alleges that while employed on May 31 DATE OF INJURY asbestos as worker OCCUPATION AT TIME OF INJURY at. Francisco CITY TOWN OR PLACE WHERE INJURY OCCURRED California E various he sustained injury arising out of and in the course of the employment as follow , . NAME OF EMPLOYER asbestos handling handling EXPLAIN HOW INJURY WAS RECEIVED resulting STATE WHAT PARTS OF BODY WERE INJURED INJURED AND SUBSEQUENT RESULTS was the employer's insurance carrier on date of inju 2 various NAME OF INSURANCE COMPANY OR IF EMPLOYER WAS NOT INSURED STATE WHETHER INSURED OR UNINSURED May 1958 date indefinitely 3 May , and PERIODS OFF WORK DUE TO THE INJURY DATE INJURED RETURNED TO WORK DATE LAST MEDICAL FURNISHED 4. Was compensation paid YES OR NO 5. Earnings at time of injury max $ TOTAL PAID @ MONTH OR WEEK $ WEEKLY RATE DATE OF LAST PAYMENT The basis of pay was STATE PAY PERIOD OR HOURLY RATE HOURS A DAY AND DAYS AW 6. Was medical treatment needed YES OR NO Who furnished treatment ___ Burton MD Francis Campagana GIVE NAMES OF Francis DOCTORS WHO TREATED THE MD INJURY AND STATE WHO PAID THEIR BILLS = _ 7. This application is filed to determine liability for a Temporary disability YES OR NO b Permanent disability YES OR NO c Medical treatment YES OR NO d Medical yes YES OR NO e Litigation expense f YES OR NO STATE ANY OTHER REASON 8 LIST CASE NUMBERS OF ANY OTHER APPLICATIONS FILED WHEREFORE it is requested that a time and place be fixed for hearing and proper under the Workmen's CompensationCompensation Laws of California Dated Oakland DATE that an award be made granting such relief as , California ; 19 1958 1958 CITY ma- Hearing requested Oakland Oakland Number of wiwittneses_ nesses_ Calif CITY Estimated time of trial on Served ER INS EEA ERA INSA FOR OFFICE USE ONLY By_ Date ROBERT ZINI s Smith & Smith & APPLICANT'S SIGNATURE Parrish Parrish APPLICANT'S ATTORNEY 501 Financial Center Bldg Oakland California California ADDRESS AND TELEPHONE NUMBER ATTORNEY'S ROBERT ZINI Western Asbestos Co. Francisco 148 Townsend San Francisco a Armstrong Cork Co. ~ Francisco sok Sey , \, sh 304 Shaw Road So.San Francisco =~} & ler Ms 3 Lorentzen Co. Pier 1/2 San Francisco .- a) Plant Asbestos Co. 1300 64th Emeryville Calif J. T. Thorpe & Son 1351 Ocean Ave. Emeryville Calif Charles Ayres Co. 698 Minnesota San Francisco Lorentzen Co. Ayres Co. 698 San Francisco Pier San Minnesota Calif Francisco Lorentzen Co. San Francisco Pier 1/2 Calif Douglas Insulation 337 San Francisco Calif Irwin St. Western Asbestos 148 San Francisco Calif Townsend Western Asbestos 148 Townsend Armstrong Cork Co. 304 Shaw Road San Francisco Armstrong Cork San Francisco 304 Shaw Road So. Jackson Hopkins Co. Bakersfield Cal Western Asbestos 148 San Francisco Calif Townsend Western Asbestos 148 Townsend Jackson Hopkins Bakersfield SF Douglas Insulation 337 San Francisco Calif Irwin St. July 30 1935 to Oct. 1954 Nov. 1954 - Nov. 1955 Jan. and Feb. 1956 Mar. 1956 through Nov. 1956 Dec. 1956 Dec. 1956 Jan. 1957 Feb. 1957 July 1957 Oct. 1957 Nov. 1957 Dec. 1957 Jan. 1958 Feb. 1958 Apr. and Mar. 1958 BALTIMORE NEW YORK CLARKSBURG CLARKSBURG ST LOUIS CHICAGO LOUIS ATLANTA LOS ANGELES ANGELES PITTSBURGH PITTSBURGH FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA Ny * i 4 ALEXANDER ALEXANDER & ALEXANDER INCORPORATED . INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD August 12 1960 Mr. William L. Hughes Manager Insurance Department Armstrong Cork Company Lancaster Pennsylvania Travelers Policy No. Dear Sir RUB 6483814 Please note disposition made of the following claim Date of Accident November 22 1957 Claimant Robert Zini Location San Francisco Calif Claim No. : B 9091328 Disposition $ 91.28 Expense Remarks Indicate Whether Workmen's Comp Auto Liability B.I. P.D. General Liability B.I. P.D. Very truly yours ALEXANDER & ALEXANDER INC LOSS DEPARTMENT / uv } TELEPHON TUXEDO TUXEDO 9-4 9-4 BELL SYSTE TELETYPE BA CABLE ADDR ALEXBLUE . yt TT . te = INTER OFFICE COMMUNICATION OFFICECOMMUNICATION COMMUNICATION To J. E. Zeller Lancaster Armstrong CONTRACTING July 7 , 1960 From Subject A. L. Stokely San Francisco Commission Robert Zini 11-22.57 Industrial Accident Commission Claim S.F. 186-653 of Calif JUL 13 1980 1980 WL WL Attached are copies of Findings terminate this case and Order which i would appear to Form indicates that a copy has been sent to Travelers Insurance Company. You will undoubtedly wish to pass this on to Mr. Armstrong Cork Company's Insurance Department Schiedt of DJM Red FORM 31501 1.59 H 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 N N N 23 24 25 26 27 28 29 30 GWLigh GWLigh ---- 2-- 9... 7 SPO BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFO CLAIM NO S.F. 186-653 ROBERT ZINI V3 Applicant WESTERN ASBESTOS CO ARMSTRONG CORK CO LORENTZEN CO , PLANT ASBESTOS CO J. T. THORPE & SON CHARLES AYRES CO DOUGLASS INSULATION JACKSON HOPKINS CO STATE COMPENSATION INSURANCE FUND TRAVELERS INSURANCE COMPANY AROONAUT FIDELITY INDUSTRIAL INDEMNITY COMPANY INSURANCE EXCHANGE U. S. & GUARANTY COMPANY and ZENITH NATIONAL INSURANCE COMPANY Defendants . : FINDINGS AND ORDER Application for hearing paying paying been filed herein and sai matter having been regularly fore GEORGE W. LANE Referet and submitted for decision Referee now makes his Findings a Order as follows FINDINGS OF FACT 1 The decedent Robert Zini suffered no injury arising out of and in the course of the employment as alleged herein an required no medical treatment to cure or relieve from any industr injury . OR OR DE A reason IT IS ORDERED that applicant lien of their lien claims filed herein claimants take nothing JUL 1 1960 Piled and served on on official parties showm address record GEORGE W. LANE Referee INDUSTRIAL ACCIDENT COMMISSION C OPY ROBERT ZINI S.F. 186-653 GEORGE W. LANE Referee July 1 1960 . Injurys Asbestosis REPORT OF REFEREE The original application was filed herein by the who alleged that he was injured as the result of asbestos resulting in asbestosis employee handling That claim was taken off calendar August 8 1958 because of the death of the employee Thereafter certain lien claims were filed herein and the sister and brother of the deceased filed a claim for reimbursement of medical expense incurred on behalf of the deceased The matter came on for hearing on June 13 1960 at which time the lien claimants appeared through counsel Smith & Parrish by John B. Lewis Testimony was taken as set forth in the Report of Referee dated June 13 1960 a copy of which is attached hereto and is hereby made a part of this report Thereafter a notice of intention to submit the case issued in accordance with the understanding arrived at the hearing that such a notice would issue and would be served by the Industrial Accident Commission upon Blue Cross at its San Francisco address This was done No objection to sub- mission has been received within the time provided or at all and the matter is now submitted for decision Notice of submission decision would issue no industrial injury no medical treatment injury included notice that upon submission to the effect that Robert Zini suffered in to his employment and that he required cure or relieve from any industrial . industrial The reason for this rather unusual proceeding was that the parties present were mindful of the state of the medical evidence in particular that Zini died as the result of a carcinoma of the lung Certificate of death dated August 20 1959 filed as a part of defendant State Compensation Insurance Fund's Exhibit No. 1. They were mindful also that while the medical file indicates that there were asbestos bodies found in Mr. Zini's lung there was also evidence that the mere presence of asbestos particles is not in itself diagnostic of asbestosis Report of Brown M.D. November 19 1959 page five The reason for service upon Blue Cross was that counsel for St. Mary's Hospital stated that the right of St. Mary's Hospital to reimbursement by Blue Cross depended upon whether decedent suffered an industrial injury which required the medical treatment furnished at St. Mary's COPY ROBERT ZINI S.F. 186-653 Hospital He therefore through precaution desired notice gi bevehneatrod Blue Cross to permit it to be heard if it cared to FINDINGS OF FACT The decedent suffered no injury arising out of and in the course of the employment as alleged herein and required no medical treatment to cure or relieve from any industrial injury . CONCLUSION OF LAW That applicant lien claimants lien claims filed herein take nothing by reason of their . GWLigh GWLigh GEORGE W. LANE Referee ROBERT ZINI VS WESTERN ASBESTOS CO et al GEORGE W. LANE San Francisco June 13 1960 Referee Claim No. 58 SF 186-653 Injury Asbestosis REPORT OF REFEREE Appearances admitted periods and dates of insurance coverage and certain of employment are in the official record but will not be set forth in this report because the applicant elected to proceed against Western Asbestos carrier State Compensation Insurance Fund Co. and its insurance Attorneys for other defendants elected themselves to leave the hearing room although they did so after being apprised by the Referee that he would not order the case off calendar as to any defendants and after Zenith National Insurance Company's motion for dismissal was denied State Compensation Insurance Fund admitted insurance cover- age of Western Asbestos Co. during all periods of admitted employment as follows July 20 1937 to October 25 1954 September 7 1957 to and including October 18 1957 November 26 1957 to and including November 29 1957 January 6 1958 to and including February 14 1958 Richard H. Holmes called by the applicant testified that he is an asbestos worker and insulator and part Health & Welfare Administrator of the Health & Welfare Plan of the Northern California Asbestos Workers Knew Mr. Zini and worked with him between 1944 and 1954. Witness was familiar with working conditio at Western Asbestos Co. and believes that the conditions there wer about the same as with all asbestos installation firms The sub- stances used were magnesium carbonate and fiberglass magnesi carbonate is 85 magnesium carbonate other materials Both this Substance 10 and asbestos fibers and % the fiberglass throw off very fine particles of particles if the when they are sawed One could see millions workers clothing were shaken in a beam of sunlight The substances used were used principally for covering hot pipes or boilers although the pipe covering comes molded It is necessary however to saw pieces of it in order to stagger the placing of opposing members on the pipe The magnesium carbonate substance is sawed easily but gives off considerable dust Magnesium carbonate dust is fine and flies cement which is used will also fly around into the air At the end of The a day's work there is much dust visible on the workers clothes The conditions and circumstances described above existed during the time that Mr. Zini was doing this work The work described above occupies about half of an asbestos worker's time There was no examination of this witness ZINI 186-653 June 13 1960 Page 2 the Francis Anthony Campagna M.D. 2166 Hayes Street called by applicant and himself a lien claimant testified that he is a physician and surgeon licensed in the State of California since 1948 specializing in internal medicine He is Board certified Treated Mr. Zini in the months of May June and July 1958 at St. Mary's Hospital Had recourse to the hospital records and records of laboratory tests Witness was asked whether he had an opinion as to whether asbestos fibers found postmortem in Mr. Zini's lungs were responsible for his need for treatment Witness answered that he could only answer this question yes and no He was invited to do so and in answer stated substantially that the ultimate cause of death was cancer and that this was determined in retrospec On examination by Mr. Sullivan witness stated that he did diagnose asbestosis in this case that there is no treatment for it that he made the diagnosis on the hospital record and that he concurred with the opinion of two pathologists who joined in this opinion That however since Mr. Zini's death he has made extensive research in the literature concerning connection between carcinoma and asbestosis and that he finds there is a suggestible relationship between asbestosis and carcinoma in the literature In this connection witness mentions that the incidence of carcinoma in asbestos workers has been found to be higher than the average for the community that in Germany asbestosis is a compensable disease but that of which as to Mr. Zini there was mentioned by the are so many other unknown factors one witness to be cigaret smoking that witness is unable to definitely relate Mr. Zini's carcinoma to his exposure to asbestos GWL GEORGE W. Referee LANE _- an she INTER] OFFI OFFICE __- _ - - 9 5/16 Armstrong Ma Armstrong A1rm9st6ro0ng To From oe To Ae From E. Lancaster Stokely San Francisco A. Stokely , , : . Subject Robert Zini Subject Various Various Employers Industrial Commission No. 186-653 forwarding forwarding informing to the Industrial Thermofax copies of the reply for reply Industrial Attached Attached Accident Committee Thermofax made copies Indemnity made Industrial the Industrial Ace Accident Thorpe Sons 3, T, Thorpe be interested CompanyCompany on Mr. Scheidt. He my handling this this Mr. Scheidt may be forwarding in informing wish this to informing information to the information insurance insurance company interested insurance at time our insurance DIM Rod FORM 31501 Cer et 1-59 Disabilyadeni rm ky iH Disabilyadeni a eee et a7 a eee : earwo 5 ef ees erg Jet Soret: a : : see Ee reey ee Pir es ae aiaea es * ink: a a era Bad Gy eySee Mesa oars am od mere, ea Neer ast ee 2 sees reat we ~ Ee, eel abe oe han 5, g Se ree ~ tee ~ s at ga Og PCTS ie gene ec y th BISaa part > an mes teny ree She hage tone. ae A poe Na tad a gene * eee veh ce aa 3 Teene Oe ee Gast ied sg ee ars pao ag a boa cae ~ i : # oy ay i eZ ee re 33 tp i tee et EN ety - 5 FE FT pede ens : ASE x ye eT oT SM ee et, fi eked ae yi eee! INDEMNITYINDEMNITY COMPANY Wk. RANCISCO es re ? bsasthe! = avd roe Las wr Company 31Th5e Company TravelersInsurance California Montgomery Insurance = Montgomery Montgomery 23x StreeStret etCompany 7% California ie pokeSanFrancisco Francisco Oyeta es eo San ee : California California California as a tee SaePyoa) poe3 Confirming April a WednWeednessddayay April naa : 20th 7" telephone Confirming on thissubjeosubtjeot conversation 23.telephone BS onlettesurbjeot BES April 13 1960requesting Your letterofApril employmentof 13 Zini appears tobe thesameInforma 43.25 Robert tion given to your Mr.M. H. Abrey of your ClaimDepartmen0t332 This inOaklaOnaklandd under the subjectofB9091328 9091328 informat informat ! gee 14 was contained ina letter datedSeptember 14 , 1959 written written Mr.John S. Taylor than DistricDtistrict Manager Armstrong sehen F5 igniSavneFrnanciscoAFrramnsctisrcong W CoentwrialcltaisnContsragctuing & meSoSuapplythSaupptlty htCoerCportatoionhrhpoereinfaormtatiionoiCninofnrofrpomorartmaiatotniioConornporatiionnfnorfmationirnmation at thatyouinformation Therefore We information that information information that . Therefore will Francisco will ARMStTRONrG uly -willbe doneon until we hear this - debeg! CE ee eae A aie Very Very x 5 truly CONTRACTING ; oe ARMSTRONGse ARMSTRONG hear you CONTRACTING rte CONTRACTINCGONTRACTING ee apeS,aone 24 % & SUSPPLYUPPLY ineChsataEe T,CONTRACTING3& tee ArmstronCgontractCinogmpany oS Schiedt District R.R. Schiedt Armstrong Armstrong J. *E.Zeller Contracting , Lancaster Pa Ze LancLasaterncaster P 7 The Travelers DEPARTMENT A. C. WILSH Chain Manager The Travelers IndemniComtpayny April April 13 , 1960 Montgomery SAN FRANCISCO 4 CALIFORNIA Telephone Douglas 2-3600 Armstrong Cork Company 304 Shaw Road South San Francisco California Re Attn Mr. Murphy IAC Claim No 186-653 Robert Zini vs Western Asbestos Co. , Armstrong Cork Company etal Gentlemen We have what is been served with an Order Joining described as an asbestosis injury Parties Defendant to Mr. Zini herein on According to the work sheet Armstrong Cork Company from again in November 1957 filed by November his attorney Mr. Zini of 1954 to November of worked for 1955 and We do not have any record of a claim for this man and before we do any- thing else it is going to be necessary that you secure from us probably from your Eastern head office the exact payroll record of this man's employment with the Armstrong Cork Company and Armstrong Contracting and Supply Company This case has not been set for hearing as yet although the filed in June of 1958 and I would very much appreciate it get the information requested as soon as possible and send that we can assemble a file Thank you action was if it you can to us so Very truly yours AJS A. J. Schaefer a2 . 4 ; Supervising Adjuster HOME OFFICE 700 MAIN STREET HARTFORD 15 CONNECTICUT April 6 1960 Mr. Christopher Hoff Alexander & Alexander 2225 N. Charles Street Baltimore 18 Md Inc. / Dear Chris Subject Worksen's Zini Worksen's Worksen's CCoompmepnesantsiaontion - 11/22/57 Claim 9091328 We presume Travalers California office received from the Industrial Accident Commission the sme Notice of Hearing Very truly yours JEZ Enclosure Insurance Department STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION ROBERT ZINI Applicant and ST MARY'S HOSPITAL and ASSOCIATED INDEMNITY CORPORATION Lien Claimants NOTICE OF HEARING WESTERN ASBESTOS VS. COMPANY et al Applicant__ Case No.SE58 186-653 Defendant fe a: wee ao f that of which is attached hereto been filed with You are hereby notified that an application for compensation a copy has been set the Industrial Accident Commission of the State of California You are further notified said application for hearing at 455 Golden Gate San Francisco Ave. Room 2202 and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law submit all issues in controversy for decision at this hearing therefore all NOTE The parties are expected to be available and ready for submission at the hearing medical reports payrolls and other essential proof must necessary witnesses evidence documents Dated San Francisco Calif March 29 1960 INDUSTRIAL ACCIDENT COMMISSION By Assistant Secreta of the Industrial Accident Commission she served the foregoing notice c The undersigned certifies that as an employee of said notice attache hereinafter mentioned at the time set opposite their respective names by depositing a copy the parties therein mentioned in a sealed envelope in the United States mail on said day at San Fran to a copy of the application and addressed to the said parties at their last known places of busine California with the postage thereon fully prepaid or residence as follows to wit Served all NAMES OF PARTIES SERVED parties as shown on previous DATE OF SERVICE Order Joining 3-29-60 Ja HANDLE INTER FRED OFFIC COMMUNICATION To J. E. Zellar Lancaster RES Ja mstrong March 30 1960 From J. S. Taylor San Francisco Subject Robert Zini Notice of Hearing Industrial Accident Commission Attached State of Notice of Hearing from Industrial California on Robert Zini Accident Commission We assume you Department will want to file this report to our Insurance DJM ---- FORM 33377 12-57 October 9 1959 Mr. H. H. Abreu The Travelers 1956 Webster Street Oakland 12 California Dear Birt Arbistoran Arbistoran Subjects : B 9091328 Armstrong Cork Company res a 1111--2222--5577 Zini ArbistoranArbistoran We attach Notice and Request for Allowance of Lien together with copy of invoice from St. Mary's Hospital in connection with the above claim One copy of all papers is also attach Your attention to this matter is appreciated Very truly yours ARMSTRONG CORK COMPANY - Enclosures Mabel E. Bamet Insurance Department J. E. Fannon & Baltimore enclosure J. S. Taylor AC San Francisco J. E. Zeller AC Lancaster 4 id 4 sas on account ofinjury z The The The res res > ' SSSI indefinitely EMPLOYEE indefinitely indefinitielyndefinitely ost ie Bigiy Ses:is D aesave es 7 at * EE ane = Bia Bie * dee? # ' # ar 3 .7 4 ' hyk HAF Dia nree, et ee on Armstrong CORPORATION TELEPHONE JUNIPER 4-140 MIE SOUTH SAN 304 SHAW ROAD FRANCISCO CALIFORNIA October 2 1959 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania OCT 359 W Subject Robert Notice Zini and Request for Allowance Of Lien Dear Mr. Schiedt Enclosed Notice and Request for Allowance of Lien in the case of St. Mary's Hospital versus Robert Zini deceased and Western Asbestos Company and various employers Previous information on this case when received by this office has been forwarded to you Very truly yours ARMSTRONG Sd CONTRACTING & [nn A SUPPLY CORP DJM John S. Taylor District Manager J. E. Zeller AC Lancaster OD LL eae reg es ns eS oe a a Fe Insurance Company CompanyCompany i e2 eTravelersInsuranceCompany 2 O: akland WebsterCaliforni letter addressed to Mr. RC RC a 1959 20 dates terminations photostate earonfeiarnninggs s well Attached terminations and a Attached as terminationsphotoso tatfe a dueto completion and employmenetmployment for, cas on et whichwhhiecrhearseaosnonworked completion project reason his Se ) ee oefmploymeeempn loyment mt pemplloymoentyemmpeloynmbetnyt coomurpcaonmypaconmpyanwy at s t h he e ge capacity consisted pipe aopipecoveringmechanic hishis and duties well applyingpipe { piping applying insulation ai; covering to hotand cold well as insulationon ship construction at Bethlehem acifio Coast shi construction Francisc0 yards 9/21/19 at San : Francisc0 Francisc0 covering pipe eae Materials Materials fiberglas covering fiberglafsiberglas covering ancod nsisted oftcork as pipecovercovering as wellasknowledge yi dhesives relateMdagnesia knowledge canvasadhesiveand To To thebest of our knowledge 3 material theonlymaterial material handlebd y him thatcontained theasbestoswasKeasbey 85MagnesiapipecoveringAmbler Thisproductwasmanufactured by Keasbey and Mattison Company of AmblerPennsylvania andis described inin detail detail published on page 2of the enclosed brochure bythemanufacturer You will observethat this materialcontainsapproximately 10asbestos fibe twoittahl thaeprpermoaxiinmianteglcyo4 mp0 oso itfitohntehbe emateirials nmgatcontaib ens raisailscucsaerdboon nattheeocfomnatgrancetssiwiathIInsun lation a Bethlehem consistedof85Magnesiapipeaproximatecly overing and blockInsulation : %total thecompositionwasapproximately 10asbestos fiber supplied Thepipe coveringisrigid hair anadnd is withfiber with section caane vas jacket ovoevreae er the sui opinion exteriextoerirorsurfacconditieonsOsai e form on Winker Sesupplied the contracts Te involved ats are IIn n ouropinion working conditions working conditions onthe contractscontractsinvolved normalnew constructionand furtherthemateriaconl ditions is completely very dustinugndernormal subject to conditions subject<. : s ERE = ) SUPPLY CORPORATION CORPORATION CORPORATION pe oy 5 OFT, B. Taylor Manager District Ma* nager Re Sexe : re ah PR OES Jr. Armstrong Weaesruhg Armstrong Teg Armsti rong Contracting & Supply = pees een Rae ery , August 25 1959 Mr. J. B. Taylor Armstrong Contracting and Supply 304 Shaw Road Bouth San Francisco Calis Corporation Dear Mr. Inflors Inflors Subjects Subjects Robert A 57 Clain 9091328 - Calir Your letter of July 30 to John Zeller was the first inkling we had of death claim Yesterday we received a letter regarding the same claim Mr. Abreu Travelers adjuster Thermo enclosed this from We are wondering how you fared with the detailed information we sent you covering the Robert F. Cuthbertson asbestosis claim Considerable time was spent here in Lancaster accumulating the information with your office taking additional time to complete the details requested by Travelers adjusters Is it not a fact that a similar pattem would appear if we prepared the sme detailed information for any other pipe covering mechanic Of course if Travelers feels each claimant's detailed work record is necessary to protect our interests we will comply Apparently the California Industrial Accident Commission that asbestosis is contracted by pipe covering mechanics had very few awards in other states due to asbestosis accepts the fact although we have If an award is made for asbestosis Travelers should see that we pay only ' our proportionate share of the award Zini's lifetime mployment with Armstrong covered fifty weeks occurring during the years 1954 1955 and 1957. Since the man was 53 years old when he died our proportionate share of the award should be relatively mall We enclose Photostats of his earnings by weeks for 1954 1955 and 1957. If you find when giving these Photostats to Mr. Abreu that you need additional additional details let us know At the same time you might inquire about the filing of the enclosed Employer's Report of Injury form since Zini apparently never reported his condition to us Very truly yours ARMSTRONG CORK COMPANY JEZ Enclosure J. E. Zeller AC Lancaster R. C. SchiedJrt. Insurance Departamt . a The Travelers HOME OFFICE AT HARTFORD CONNECTICUT THE TRAVELERS INSURANCE COMPANY We are in receipt of advices of an injury to the person named below If this injury was the result of an accident which occurred while this person was working for you please furnish us with full report on the attached forms as required by the Compensation Law THE TRAVELERS INDEMNITY COMPANY It necessary that you make this report in duplicate so that we copy with the administrative authorities in your behalf as requ law Your cooperation in promptly completing and returning reports will be appreciated DATE 8-19-59 RE Robert Zini / 11-22-57 B 9091328 >fi Armstrong Cork Company Meinecke and Co. and Lancaster Pa L _l Address all replies to Claim Department The Travelers 1956 Webster Street Oakland 12 Calif 1659 REV 3-57 IN PRINTED U.S.A. CLAIM DEPARTMENT 1. A. JOHNS Claim Manager The Travelers The Travelers Travelers Company Insurance Indemnity The Travelers Indemnity Company BRANCH OFFICE 1956 Webster Street OAKLAND 12 CALIFORNIA Telephone Templebar 2-8200 August 20 1959 Armstrong Cork Company Insurance Department Lancaster Pennsylvania Attention Mr. R. C. Schiedt Jr. B 9091328 Armstrong Cork Company re Robert Zini d .11-22-57 . Gentlemen In order properly to defend this claim certain information is urgently needed We request the following information be compiled and forwarded to this office at the earliest practicable date Specific dates of hire and termination and reason for termination and Job numbers locations and dates employ his occupation title brief resume of the duties called of each job on which Zini worked while in your or classification on each job together with for by the occupation if not evident by ti Also and this is extremely vital we need to know the nature of the materials handled by Zini in his work on these jobs Your advices in this respect should include trade names composition of the various materials and which materials were used on which jobs It is alleged that Zini contracted asbestosis which resulted in his death following extended medical care If it can be shown that his exposure to asbestos while employed by Armstrong Cork Company was minimal we will be in a much stronger position with respect to defense of the claim NHA cc Hanna and Brophy IAS - N.NZ . Abreu Adjuster HOME OFFICE 700 MAIN STREET ad HARTFORD 15 CONNECTICUT Mr. Christopher Hoff Alexander & Alexander 2225 N. Charles Street Baltimore 18 Md Dear Christ Subject Robert Zini San Francisco Calif You may recall we sent you some correspondence on the captioned subject We now send you in duplicate a Thermo of Smith Parrish Paduck & Clancy's letter dated August 6 regarding reimbursement of additional medical expenses Will you please handle Very truly yours Enclosures R. C. Schiedt Jr. Insurance Department . as 4 MEMBER ,* OF FIRM EDWIN CLANCY C. PAUL PADUCK SHANNON LAW OFFICES OF GLENCOURT 2-2C SMITH PARRISH PADUCK & CLANCY . = FINANCIAL CENTER BUILDING 405-14TH STREET OAKLAND 12. CALIFORNIA Augnst 6 1959 Industrial Accident Commission 965 Mission Street SanFrancisco California Attention Referee Lane Re Roberts Zini vs Various Employers carriers IAC Claim No. 186653 Gentlemen This is to advise that Mr. sister and brother have a claim reimbursement of Robert of fatal the fare oe respectfully illness ofa any f ~ respectful y It is respectfully time hearing at the that Williamdeceased William R. Jennings , deceased Robert Zini , also medical expense in behalf their claim be set for Jf Very truly yours John B. Lewis -_~ Indemnity Corp. 433 California St. S. F. CC CC 001 001 cc CC 00 00 co Lorentzen Company Pier 1/2 San Francisco California Armstrong Cork Company 304 Shaw Road So. San Francisco Plant Asbestos Company 1300 - 64th St. Emeryville Cal J. T. Thorpe & Son 1351 Ocean Avenue Emeryville Cal Charles Ayers Company 698 Minnesota St. San Francisco Douglas Insulation Company 337 Irwin St. San Francisco Jackson Hopkins Company 115 Oak St. Bakersfich Cal Industrial Indemnity Company 350 Bansome St. S. F. St. Mary's Hospital 2200 Hayes Street S. F. t ? F ww NTER OFFICE COMMUNICATION August 14 To J. E. Zeller Lancaster From J. S. Taylor San Francisco Subject Industrial Accident Commission State of California Robert Zini vs. Various Employers CORFORATIO Attached relative copy of letter from Smith Parrish Paduck to claim of Industrial Accident Commission & Clancy No. 186653 Please forward this correspondence to the Armstrong Cork Company. DJM EVERY EVERY ONES ONES ... BAND ---- ---- W ---- Dick Dick Looks Looks 677ING Looks 677ING 677ING LIKE ON 711E 8/7 ~ FORM 33377 12-57 BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGOCHICAGO LOS ANGELES ANGELES A ATLA PN PN BURGH FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD AUG 1959 WLH August 10th 1959 RCS TELEPHONE TUXEDO 9-430 BELL SYSTEM TELETYPE BA 51 CABLE ADDRES ALEXBLUE Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt re Robert Zini San Francisco Cal enclosing .Hospital injury to We have your letter of August 6th 1959 M letter from Sister Philippa of the St. Mary's San Francisco California in connection with the above party The information contained in your letter August 6th has been transmitted to the Travelers Insurance Company in San Francisco for their investigation When we have their report we will again communicate with you Sincerely | ALEXANDER & ALEXANDER INC GENERAL ADJUSTER August 6 1959 Mr. Christopher Hoff Alexander & Alexander 2225 N. Charles Street Baltimore 18 Md Ins _ Dear Chris Subject Robert Zini San Francisco Calif The attached letter from Sister M. Philippa is the first inkling we had Also enclosed are the daily expenses of Robert Zini's illness and deawthhile confined in St. Mary's Hospital incurred mounting to 2,754.20 lasted from May 8 to July 27 1958 in San Francisco The confinement mall of telling but this appears to be mother asbestosis We have no way If so Armstrong's share of the expense if any should be relatively mall . He only worked seven weeks in 1954 forty weeks in 1955 in 1957. His last day of work for Amstrong was November 22 and six weeks 1957 Will you please see that our interests are protected Very truly yours JEZ R. C. Schiedt Jr. Insurance Department s Enclosures J. E. Zaller AC Lancaster J. 8. Taylor AC San Francisco YL INTER OFFICE COMMUNICATION July 30 mstronC gONTRACTING 1959 To J. E. Zeller Lancaster From Subject J. S. Taylor San Francisco Robert Zini Applicant VS various employers Weeha 54 54 7 55 55 44 _F ? 6{ 11-22-57 11-22-57 11-22-57 ate de au Attached Accident copy of letter from Commission which is St. Mary's Hospital to the Industrial of interest to the Armstrong Cork Company Please forward individual this letter . along with attachments to the proper DJM WALLY Another 5 ---- ---- FORM 31501 1.59 rr en ne ee ccmeemtmntrminn et aan ? SS ne ve a pen ee, tw abyve we,a i 2 cS 2) ragesat eat oat nace Ft ge eeEt gs3 moeetie centae Ae oe 23 Wovens eve Sar ee he : Paesaxons