Document ZB0nJBZ0aR71E16Qm5eLazGGV
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LIBERTY MUTUAL
Westgate Plaza Building; 20325 Center Ridge Road; Cleveland, Ohio 44116 * Tel. (216) 333-8000
,, Sherwin-Williams Company Prospect Avenue, NW Cleveland, Ohio 44115
ATTENTION: Jack D. Kull, Jr., Staff Assistant Corporate Insurance Department
August 17, 1976 ?C- /
SUBJECT:
- SHERWIN-WILLIAMS COMPANY
File Number: C 327-15881
Dear Jack:
Several weeks ago, you asked me to find out what I could about the claim of a New Jersey employee who allegedly has asbestosis claimed to be
work related.
I am attaching a copy of a memorandum recently received from Mr. Barton of our Cherry Hill Office which outlines the state of the claim as it exists at the present time. Mr. Barton has indicated that he has flagged his file to keep me posted on this file as it develops.
Very truly yours,
?fvSURA!\;ec
Lee R. Shealy Claims Manager sb
o 197c T. A
Attachment
INSURANCE
N40381
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AUG 1 9
LIBERTY MUTUAL INSURANCE COMPANY LIBERTY MUTUAL FIRE INSURANCE COMPANY HOME OFFICES: BOSTON
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
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Cherry Hill Claims August 4, 1976
Cleveland Claims Lee Shealy
RE: '
. SHERWIN WILLIAMS CO.
FILE NUMBER: C 327-15881
This is in response to your memo of July 28, 1976.
n J *- Oo uil ft?t i s\ p
y*
You are correct in that this is a new case and while our investigation is underway, it is not as yet completed.
According to our preliminary information, the employee
_ is 59
years of age and has worked for the insured for approximately 30 years and
for the most part in the receiving department. He is classified as a Raw
Material Handler. Our initial information is that he is married and has no
dependant children.
Preliminary investigation at the assured's indicates that the employee did have occasion to handle asbestos and in fact did so over an extended period of time.
superior during a significant period of this employment and is no longer with the insured and we are following for his recorded interview.
We have a physician's certificate from a Dr. Paisley of Haddon Heights, N.J. Dr. Paisley is Chief of Pulmonary Disease at the West Jersey Hospital. According to my directory Dr. Paisley is not Board certified as a pulmonary expert but limits his practice to internal medicine and pulmonary diseases. I should comment too, that Dr. Paisley is well respected and as a matter of fact has been used by our office in evaluating certain pulmonary disease cases. I do not believe that he has ever evaluated in the prior cases of Sherwin Williams. But he is a well known pulmonary physician in the area.
Dr. Paisley's certificate gives the diagnosis of "chronic lung disease, asbestosis, bullous emphysema, choliathiasis, hiatal hernia". The doctor's certificate also under medical history of illness indicates "work related-dusty".
The employee was admitted to the West Jersey Hospital Southern Division on May 17, 1976 and discharged on June 16, 1976. While there he had a right thoracotomy. The surgery was carried out by Howard Easling, M.D., a qualified general surgeon. Dr. Easling likewise is known to us and is a competent general surgeon. The operative report comments that "he had asbestosis involving the lung, diaphragmatic pleura, and also the mediastinal pleura and parietal pleura". The lab report and in particular the microsopic diagnosis of the tissue gives as a comment "no asbestosis bodies or tumor present in the submitted tissue".
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An attorney is representing
namely, Matthew W. Parks, a very
competent and well known compensation expert in our area. I believe also that
he still represents the Union at the assured's local plant.
Obviously, there is much additional work to be done on this case from both an
assured investigation standpoint as well as a medical standpoint. I have flagged my file to keep you posted. I have placed an initial Indemnity Reserve on the
case of $25,000 and Medical of $15,000.
N40381.01
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0007-SWP-005806059 CONFIDENTIAL