Document ZJZ9znLvX0ba60Eqgx0kL0vQ7
FILE NAME Mundet Cork MCK
DATE 1957 DOC MCK112 DOCUMENT DESCRIPTION WC Claim of Brockenshire
eceseereerte ~ OO
s ora,
WORKERS ' COMPENSATION APPEALS BEARD
STATE OF CALIFORNIA
Spor L
LEONARD CHARLES BROKENSHIRE
)
APPLICANT
VS
COMPAN ARMSTRONG CONTRACTING AND SJFELY , ET AL
807863
CASE NE 63 D.A. 250-245
CERTIFICATION
|
EVIDENCE
DEFENDANT 8
I DO HEREBY CERTIFY that the attached are full
true and correct copies of the documents in the file in the:
entitled cause
oo
.
This certification is for evidence only and
is not to be used for filing with the County Clerk under Labor
Code Section 5806
Attest my hand and the Seal of the Worker's
Compensation Appeals of Board the State of California
September Dated At Rae
Los Angeles Ca.
25 1978
__
*
.
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t
INGUSTRIAL
fy 03 INGUSTRIAL + G eee O eeN e )PF INGUSTRIAL 03 ANGELES
JUN 20 9 23 67
t
807864 PACIFICINDEMNITY INDEMNITY INDEMNITY
INDEMNITY
PACIFIC INDEMNITY GROUP
CRET VIDRESS
PAGPIG INDEMNITY CRET COMPANY COMPANY I
TIZAS PACIFIC INDEMNITY COMPANY
NORTHWESTERN NORTHWESTERN NORTHWESTERN PAGIPIG INDEMNITY COMPANY
9800 WILSMINE BOULEVARD L " OS ANGELES CALIFORNIA BOCHA
GP GEPARTIME GANLY S
June 19 1967
. Workmen's Compensation Appeals Board .
R
4107 State Building
;
107 S. Broadway
Los Angeles Calif
:
File No 01 PEC 624043
*
Assured : Thorpe Insulation
Claimant: Leonard Brokenshire Accident: 12-55
Comm No 63 LA 250-245
|
Gentlemen
We respectfully request that the above captioned case be
dismissed for lack of coverage as alleged per our letter of August Lack of prosecution and De Minimis
Very truly yours
Pacific Indemnity Company
,
;
ig JJT JJT
JA Tobin
By
Hran
Stearns & Gross Attorneys At Law 9200 Colima Rd
Whittler Calif
a
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ewe FR
la
DIVISIONOF |
.
RESSIVED RESSIVED
.
INDUSTRIAL INDUSTRIAL
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=
ACCIO103 4hJELES 4hJELES
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ade
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P. GLAVER WSINGAND 1866-19671
ELLSWORTH A KENDIE 4
CUG^ N^L. STOGA WILL JA OLGASON
KENDI STOCKWELL WEINGAN
.
ATTORNEYS AT LAW
A. WARS NORRIS
t
WTAJAM M. ANGERED
t
JETA D. MACARTHUR
.
/
_
807865
.
807865
200 we^ TFOURTH STREET 807865
SANTA ANA CALIPORNIA 92701 92701 . 716m 41.8
<a
900 WEST FIFTH AVENUE
POMONA CALIFORNIA 61780
716
1689
6.
,
DIANELAS TERUSZA TERUSZA
J. POSADL OGS GY
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an
IN REPLY REPEN TO
;
Los Angeles
. June 19 1967
Worlemen's Compensation Appeals Board
107 South Broadway Los Angeles California
RE
LEONARD BROKENSHIRE V VARIOUS EMPLOYERS
63 LA 250 245 .
,
'
Gentlemens
a
There
has year issue should
been no action on this matter for over a
We believe a notice of intent to dismiss
and if valid objection is raised thereto
that this case be restored to calendar for a full one
day hearing
Yours very truly
NO KENDIG & STOGICELL STOGICELL
BY
Bilrad Joseph
JOSEPH BILCHAK
mic
F cc: Aetna Casualty and suraty Company -
S 33CC
-
1096193 McLaughlin Evans Dalbey and Cumming
Stearns Gross and Moore
Fireman's Ginocchio Zonni ,
and Taylor
Fireman's
Fireman's
Fund American
Insurance
Company
rae
08,
)
+
FOH WORKMEN'S WORKMEN'S COMPENSATION APPEALS BOARD "
'
STATE OF CALIFORNIA
S WORMSATIONWORMSATION WORMSATION SVA CASE NO 63 LA 250 245
LOS ANGELES ANGELES OFFICE
WORMSATION WORMSATION
APPEALS SCARO
S FILED - -
LEONARD CHARLES BROKENSHIRE
)
Applicant
,
APR 1 7986 MINUTES OF FURTHER
|
VE
|
;
}
HEARING
ARMSTRONG CONTRACTING AND SUPPLY COMPANY )
a corporation et al
.
7
)
Defendants
AND
.
ORDER TAKING OFF CALEI
THIS CAUSE came on for hearing at 9:00 a.m. March 29 1966 in Department 5 Workmen's Compensation Appeals Board Los Angeles
California before the Honorable ROBERT W. DUBEAU Referee -
G. C. Faurot Reporter
Leonard Charles Brokenshire applicant
Stearns & Gross by Richard Gross
attorneys for applicant
.
APR 1966
8.8. Miller . .
S. C. Schweitzer Representative for Thorpe Insulation
S.
Schweitzer
+
Fireman's Fund Insurance Company
McConnell & Cramoline by J. F. Holzer attorneys for
Marine Engineering & Supply Co Pacific Employers Insuranc
Zonni Ginocchio & Taylor by Wm Blanchard , attorneys for
Accurate Insulation Co Casualty Insurance Co. of Californ
Weingand Kendig & Stockwell by Ross C. Irvin attorneys for Mudet Cork Corp Fiberglass Engineering & Supply Company Armstrong Contracting & Supply Co The Aetna Casualty and Surety Company
George R. Haswell by Charles P. Carlstroem attorneys for
Riley Stoker Corp Liberty Mutual Insurance Company
McLaughlin Evans Dalbey & Cumming by John F. McLaughlin
attorneys for Armstrong Contracting & Supply Co The Travelers Insurance Company
F. W. Harrington Representative for Accurate Insulation Co
Mission Insurance Company a corporation successor to
,
Enterprise Insurance Company a corporation
1 807867 Collins Insulation Phil
Representative for Plant
Facific Indemnity Company a corporation
Company ;
.
NO WITNESSES
&
fF NO EXHIBITS
5
2m
7
&
g 97234
DISPOSITION
In order that additional parties may be joined GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that this matter be TAKEN OFF CALENDAR subject to being reset upon request of any of the parties
Service of this Order is waived
97234
97234
~
14
16
REFEREE liker FC.
. WORKMEN'S WORKMEN'S COMPENSATION APPEALS BOARD
9
2 25
28
DIVISION OF INDUSTRIAL ACCIDENTS _.
WORKMEN COMPENSATION APPELS
STATE OF CALIFORNIA
BOARD
807868 807868
807868 807868
807868
VG.
|
Case 63LA 250 245
Applicant
ARMSTRONG CONTRACTING SUPPLY AND & corporations et
ARMER |
. CORNING FIBERGLASS COMPANY COAST
) INSULATING PRODUCTS COMPANY INDUSTRIAL
INDEMNITY COMPANY a corporation NATIONAL
- AUTOMOBILE AND CASUALTY INSURANCE
a
. .
corporation COMPANY .
Defendants
ies
Order Order
JoiJoniinningg
Party
PartyParty
Defendant
Good Cause Appearing
IT IS ORDERED THAT
FIBERGLASS INSULATING OWENS CORNING
COMPANY COAST
PRODUCTS
COMPANY INDUSTRIAL INDEMNITY COMPANY a corporation
NATIONAL AUTOMOBILE AND CASUALTY INSURANCE COMPANY
&
corporation
; *
parties
is joined as party defendant herein
Refeos WORKMEN'S COMPENSATION APPEALS BOARD
Dated at LSoesptAenmbgeerle2s2Cali1for9ni6a 7California
SERVED BY MAIL ON PERSONS SHOWN ON THE OFFICIAL ADDRESS RECORD
oe -~
ADDRESS RECORD Dec 9/22/67 By
1 nee
Copy of notice of hearing application and joinder of 2/9/66 served
all newly joined parties and their attorney and Reece Insulation Co
tnt, kane tev oe tn
STATE OF CALIFORNIA
*
fo
LEONARD CHARLES BROKENSHIRE
VS.
.
Applicant_
ARMSTRONG CONTRACTING AND SUPPLY COMPANY a corporation et al
i
Defendant
Case
NU70 3
631A 250 245
NU703
Notice of Time
and Place of
Further Hearing
On the Petition of The Travelers Insurance Company for contributi
under Labor Code
Section 5500.5
NOTICE TO ALL PARTIES
|
You are hereby notified that further hearing will be held in the entitled action at
4107 LOS ANGELES STATE OFFICE BUILDIN10G7 SOUTH BROADWAY .
LOS ANGELES CALIFORNIA
October 9 1967
|
9:00 A.M. all day
|
WORKMEN'S COMPENSATION APPEALS BOARD
Daved at Los Angeles California
NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED
an :
"sm
.
SERVED BY MAIL ON PERSONS SHOWN
ON THE OFFICIAL ADDRESS RECORD
Date
By t
9/13/67
www.HAM so
|
dake
em eget ARR A ek A ee eth ee,
\ DET TMENT OF INDUSTRIAL RELAT
i
DIVISION OF INDUSTRIAL ACCIDENTS
WORKMEN'S COMPENSATION APPEALS BOARD
COPY 807870 STATEOFCALIFORNIA
CASZ 63 LA 250-245
ARMSTRONG CONTRACTING & SUPPLY
CORPORATION TRAVELERS INSURANCE
COMPANY
;
Defendants
SUBPENA
DUCES DUCES
TECUM
. PLEASE BE SURE THE
WORKHEN'S COMPENSATION
AFEHALS BOARD NUBE IS ON ALL RECORDS YOU SEND IN ANSWER
TO THIS SUBPOENA
The People of the State of California Send Greetings to PACIFIC . - 3200 Wilshire Blvd. , Los Angeles Calif
INDEMNITY_COMP :
WE COMMAND YOU or appear before a referee of the
-
Coe!
WORKMEN'S COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA
THIS 107 South Broadway DATE Los Angeles California
September 27th 19 HEARING 9:00 o'clock As to casintthie fy entitled matter and to bring with you and produce following described documents papers books and recorder
ANY AND ALL COPIES OF WORKMEN'S COMPENSATION INSURANCE POLICIES
AND DALIES RELATING TO MARINE ENGINEERING & SUPPLY COMPANY BETWEEN-
CERAM
For failure to attend and to produce said documents you may be deemed guilty of a cconntemtptempt and liable to pay in the
parties aggrieved all damages surrained thereby and forfais ans hundred dollars in addition thezers
This rabpens is inued at the request of the person making the decloan trhearet versi e ho erenof
SEP 12 1987
19
WORKMEN'S COMPENSATION APPEALS BOARD
AN. t.,
*
. *
a com,
af aL yan
Pe F
me
By
Sazmery Assistant Secretary Rafww
SECRETARY APPLICABLE ONLY IF INITIALED BY REFEREE OR ASSISTANT
ae
ay
this subpens by mailing the records described to the Workman's Compensation Appeals Board
Yoofu may fully correly with rernede California within five ) days of the date of service of this subpens attaching the copy
the ashens n^marking the
mlamelo with she shage imminerad sure al~-nal~-n~-n
a, aac
.
807871
Le
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wwe
a
807871 WORKMEN'S COMPENSATION APPFALS BOARD 807871
807871
P
STATE OF CALIFORNIA
_
5
CASE NO 63 K.A. 250-245
"
*
g | LEONARD CHARLES BROKENSHIRE
ob E rns
fa ne
PD
:
6
AAppplipcantlicant ,
T
VB.
.g
ARMSTRONG CONTRACTING AND SUFFLY
- | COMPANI et al
_
_
3
Defandents
OI
ORDER
FOR
APPORTIONMENT
CONTRIBUTION
rah
IT IS ORDERED that defendants hereinafter named pursuant
12
Stipulation filed herein on January 12 1968 pay to the TRAVELERS
13
14
| INSURANCE COMPANY the following sums as their proportionate share of
all liability for this injury for reimbursement for permanent disa-
15
bility temporary disability and medical expense heretofore paid by
10 | TRAVELERS INSURANCE COMPANY _
17
PACIFIC EMETOTERS INSURANCE COMPANY
PLANT RUBBER & ASBESTOS COMPANY
18
LIBERTY MUTUAL INSURANCE COMPANY
FIREMAN'S FUND INSURANCE COMPANY
19
INDUSTRIAL INDEMNITY COMPANY
NATIONAL AUTOMOBIIE AND CASUALTY IN-
20
SURANCE COMPANY
CASUALTY INSURANCE COMPANY OF
21
CALIFORNIA
MISSION INSURANCE COMPANY
22
AEINA QASUALTY & SURETY COMPANY
23
24 | 1968
DATED AT LOS ANGELES CALIFORNIA
.164
.194 .008
.058
.052
.019
...0.20424
.245
this 22nd
2339.46 2767.41 2767.41
114.12 827.37 741178
271.03
271.03
1554.89
350.00 3494.93
day of January
25
Le
26 SEAL SEAL .
,
27 Referee WORKMEN'S COMPENSATION APPEALS BOAF
|
.
28
SERVED BY MAIL ON ALL PARTIES LISTED
ON THE OFFICIAL ADDRESS RECORD
29 | Date 1-22-68
By D.P.Brennan D.P.Brennan
30
1.18
of
Hestions
:
SAN KOSAVONLIN
BARNEY 7. RVANS RVANS
WRA SLAIR HALJEV . RAT S SUMBING
KAROLD HEHNETT N^ DL GAYLORD F. BART BAO RTN ON GE GER MR AGNILI
PLAN A SCHUM ER SCHUMERSCHUMMER RUMENM, SALMA
.
RECEIVED RECEIVED TRE .
servers
Pia
Mclaughlin Evans Daleet & Cummina
ATTORNEYS AT LAW
1917 NORTH NIGHLAA VON HU^L BUITE 710
S
te
S ete
pone tae OPS
ane Sah
166 AKADLES CALIFORNIA HOOSE
:
319 446-4961
a807872
:
January 11 1968
.,
ae
ae
, ;
,
Workmen's Compensation Appeals Board
107 South Broadway
.
Los Angeles California
RE IKCHARD
WCAB File No.
CHARLES
63 LA
BROKENSHIRE
250 245
vs.
vs.
ARMSTRONG
ARMSTRONG
CONIRAGI
& &
SUFFIX
(
ms
Gandemen
Your attention is respectfully invited to the following
< )} Attached please find executed Compromise & Redeze for your approval -
) Request is hereby made for further hearing to permit examination of
.
and preseon f rt ebuattatl eivio dennce
( .
( >
(REE)
Please enter our appearance as amoeneys for
Please set case for trial as there are now fumes in content
Arrforafic lingh heree in d are
| STIPULATION WITH REQUEST FOR AWARD AFTER
^'
LEMENTRY
FROCERDINGS UNITER LABOR CODB
CTION 5500.5 .
dated Januzey 10 1968 1968
Copies to
,
Brobeck Phleger & Harrison
tVr eryul truy ly your
me,
Facific Employers Insurance Co MCLAUGHLIN EVANS DALBEY & CUMMING
Liberty Mutual Insurance Co.
Humming Humming
Fireman's Fund Insurance L.A
Humming Weingand Kendig & Stockwell
By <
B. Industrial Indemnity L.A.
Ray
National Automobile & Casualty Ins.Co
Casualty Ins Co. of Calif
Humming
Humming
B. Cumming
Mission Insurance Company Travelers Insurance Co.
DALBEY & CUMMING
EVANS LAUGHLIN 1717 North
Avenue Suice 710
AngelesHighland Los
, California 90028
3 Bollywood 6-8541
em Attomeya for DefendancS
807873
807873 807873 807873
807873
11.3
11.3
mrs JAN
sam
...
10
'
WORKTHM E WEORNKM'ENS 'S PENSATION AFFRALS BOARD
OF THE STATE OF CALIFORNIA
M
~
2
7G
23
7
11 LEONARD CHARLES BROKENSHIRE
Applicant,
13 v
CONTRAC ARMSTRONG
15 COMPANY et al
AND SUPELY
Defendance
CASE NO 63 LA 250 245
STIPULATION WITH REQUEST AFTER SUFFLE
FOR AWARD MENTRY PROCEEDINGS UNDER LABOR CODE SECTION 5500.5
17
The parties to this agrement enter into the following
stipulations and request the Workmen's Compensation Appeals Board
issue its Findings and Award without further proceedings
So
I
|
.
LEONARD CHARLES BROKENSHIRE Applicant herein while employed
1941 February by various employers commencing in
to and including
8
1963 developed asbestosis
25 ARMSTRONG The Applicant elected to proceed for benefits against
NTRACTING AND SUPPLY COMPANY insured during the period of exposure
2 Compensation at various times by AETNA CASUALTY AND SURETY COMPANY and TRAVELERS
28 INSURANCE COMPANY
That the Workman's
III
Appeals Board then Industrial
31 Accident Commission issued its findings and Award on November 6 196
32 wherein the Applicant was awarded permanent disability of 62 which
08 78 4 HH a^the rate of 52.50 per weak squaled 13,020.00 temporary
disability for the period beginning February 9 1963 through June 9
1963 at the race of 70.00 and further medical treatment for the
balancebalance of
life
Applicant's 1
8 IV
disabil ty That puzsuent es said Findinge and Award TRAVELERS INSURANCE MFANI has paid 14,263.00 consisting at 13,020.00 for permansut disability indemnity 960.00 temporary disability indemniatnyd 285.00 medical expense
. .
12 The Applicawnats employed by the following at various times between 1941. and February 8 1963 vhose workmen's compensation
insurance carrier during said period of exposure is also designated
13 Plant Rubber & Asbestos Works Riley Stoker Corporation
Permissibly insured
Liberty Mutual Insurance
Company
16 Marine Engineering & Supply Pacific Employers Insurance
q
ThorTphoerpeInInssuullaattiioonn Company aka Insulation Company
Pacific Pacific Employers Insurance
. Company and Firemsa's Fund Insurance Company
| Fiberglass Engineering &
Supply Company
Owens Corning Fiberglass
- Astna Casualty & Surety Co.
Aetna Casualty & Surety Co.
Reece Insulation Company
Indemnity - Industrial
Company
and National Automobile &
i
John Manville'Sales Manville'Sales Corp.
Munder Cork Corporation
.
25 Casualty Insurance Ins decurate Insulation CompanyCompany
Casualty Insurance Company
Travelers Insurance Company
Aetna Casualty & Surety Co.
Company Casualty Insurance
of
and Mission
Insurance Company
30
Coast Insulation Company Inc.
Pacific Employers Insurance Company
~
~~
awh
7
oe
2.
16
19
22
26
27
29
273300
30
32
Armstrong Corporation
Travelers Insurance Company &
Aetna Casualty & Surety Co.
VE
;
For their respective employers the insurmce carriers
807875
percentage of liability is as follows
807875
;
Pacific Employers Insurance Company Flant Rubber & Asbestos Company -
164
194
$ 2339.46 807875
2767.41
Liberty Mutuel Insurance Company
008
114.12
Fireman's Fireman's Fund Insurance Company
.058
Industrial Indemnity Company Casusley Netional Automobile and
Insurance Company
6052
. .
0114
827,37
741078
,
271.03
.
Casualty Insurance Company of
Mission Insurance Company
CompanyCasualty & Surety
The Travelers Insurmes
Company .
109
.024
1354.89 350.00
.245
3494.93
118 1683.27
VII
- That a Findings and Award be issued assessing Liability in
the percentages set forth in paragraph VI and that the
monetary amounts designated in said paragraph be ordered paid
forthwith to the Travelers Insurance Company
Dye
Vey
DATED
this
10
of
day
, 1963
&
Cas
aka
FIBREBOARD RUBBERCORPATION ASBESTOS WORKS
s,
*
FIBREBOARD J
^'
PACIFIC PACIFIC
EXSURANCE
EXSURANCE COMPANY
LIBERTY LIBERTY MUTUAL MUTUAL INSURANCE CCOMOPAMNPYCAONMPYANN Y acy to
INSURANCE BFIRyEMAN'S MAN'S MAN'S MAN'S FUND
COMPANY
CASUALTY .
. :
Byfa
SURETY &
CASUALTY ofof a
COMPANY .
Aeee ,
CASUALTY INDUSTRIALTeam INDEMNITY INDEMNITY eng teagan
+. INDUSTRIAL INDEMNITY COMPANY
iis _
By
K fe. COMPANY COMPANY
/3-
et etter at eet
ee
Roz ae
om
*
10 123
&
18
17 19 19
21 23
24
28
29 30 34 32
NATIONAL AUTOMOBILE AND CASUALTE
807876 INSURANCE COMPANY -
ar
INSURANCE Cet ta id COMPANY a a
. a
.
Fem
Ne ie .
es a
er ano
tes
NTT
Hoty
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OMY
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WORKMEN'S COMPENSATION APPEALS BOARD
807877 .
807877
807877 807877 807877 807877
BR
STATE OF CALIFORNIA
CASE NO 63 LA 250-245
@
@
LEONARD CHARLES BROKENSHIRE
"
Applicant
47
VE
se
MINUTES
oF
+]
ARMSTRONG CONTRACTING AND SUPPLE
FURTHER HEARING
,
COMPANY & corporation PLANT
INSULATION COMPANY MARINE ENGINEERING
AND
AND SUPPIT COMPANY FIBERGLASS |
ENGINEERING AND SUPPLY COMPANY REECE
ORDER TAKIMI =,
INSULATION COMPANY THORPE INSULATION -
COMPANY MUDET CORK CORPORATION
ACCURATE INSULATION COMPANY AETNA
OFF CALENDAR
CASUALTY & SURETY COMPANY & corporation
THE TRAVELIERS INSURANCE COMPANY a
,
corporation FIREMAN'S FUND INSURANCE COMPANY & Corporation CASUALTY
INSURANCE COMPANY OF CALIFORNIA
COMPANY Successor MIS ION INSURANC^ INSURANC^ , Successor
Interest
to
Enterprise Insurance Company a
corporation PACIFIC
& corporation PLANT
IRNUDEBMBNIETYRIN&DEMNITAY SCBOEMSPTAONSY
Cisted at
> California
OCT13 OCT13 1987
WORKScorporation PACIFIC INDEMNITY COMPANY a
corporation RILEY STOKER CORPORATION
LIBERTY MUTUAL INSURANCE COMPANY e
.
Meller
6. 6. Meller
corporation PACIFIC EMPLOYERS INSURANCE
Let MatRE OFFER
COMPANY & Corporation CORNING
IN'S COMPENSATZOL~fi
FIBERGLASS COMPANY COAST INSULATING
PRODUCTS COMPANY INDUSTRIAL INDEMNITY
COMPANI a corporation NATIONAL
| AUTOMOBILE AND CASUALTY INSURANCE
COMPANY & corporation FIBREBOARD PAPER
APPEALS #GARD
ANNA OF CALIFCHNIA CALIFCHNIA
67 10-13 BED 10-13
10-13 e
10-13
PRODUCTS CORPORATION & corporation
;
Defendants
THIS CAUSE came on for triel October 9 1967 at 9:00 a.m.
in Department 5 of the Workmen's Compensation Appeals Board Los Angeles California before the Honorable ROBERT W. DUBEAU
Referee
oy
Beth Irene Marriott Official Reporter
"
: APPEARANCES
Leonard Charles Brokenshire applicant
ele
Sere sivas etd iit Se}
. .
oa
.
...
807878
807878
807878
807878 807878
H
APPEARANCES Contined
N
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fh
&
S
^'
7,
;
8
9
10
# 12 3
14
19
Enrold F. Shoop representative for Fireman's Fund Insurance
Company
.
McConnell & Cramoline by K. F. Holzar attorneys for Pacifi
Employers Insurance Company
Brobeck Phleger & Harrison by Attorney Selaroni attorneys for Plan Rubber & Asbestos Works and Fibreboard Faper Products Corporation
Charles P. Carlstrom by William N. Roberson attorneys for
RCiomlpaney yCompaSnytoker Corporation and Liberty Mutual Insurance
F. W. Harrington representative for Mission Insurance Compa
& corporation Successor in Interest to Enterprise Insurance Company & corporation
Zenni Ginocchio & Taylor by William Blanchard attorneys f Casualty Insurance Company of California and Accurate
Insulation Company E.
Weingand Kendig & Stockwell by E. E. Kendig attorneys for Aet^-aCasualty & Surety Company
Clapton & Penny by Robert R. Wills attorneys for Industria
Indemnity Company
, Evans Cumm & Ci umn mig ng by Ray B. Cumming and BarrFy. Evans attorneys for Armstrong Contracting and
Supply Company and The Travelers Insurance Company
Albert A. Atkinson representative for National Automobile
and Casualty Insurance Company
.
.
18
WITNESSES; None
|
EXHIBITS
NONE
*
20 -
DISPOSITION
.
3 and
Pending the probable resolution of all issues by stipulation
24
' GOOD CAUSE APPEARING THEREFOR
.
1
.
IT ISORDERED the entitled case be and the same hereby
is taken off calendar subject to being reset upon written reques
27
of any party hereto
Service of this Order is waived
29
-
30
Letpoaet of
y
bee bf Csation Appetie
ooffC|sCastiaotniCsoatinon Appetie Basta
WCAB Perm 319 ( 540 mirty Pave 319
319 one wifStive
Pan Qe Lofefpr,
WORKMEN'S COMCOMPENPSATION ECOMPENSATNION SCOAMPENSATTION ICOOMPENSATION N APPEALS BOARD
= Qa
3-79 3-79
3-79
aio ;
;
DEPARTMENT OF INDUSTRIAL RELATIONS
WORKMEN'S COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
. 807879
807879 807879
an Bintan oF allagad. WYssaye 12050 12050 ee amen
as
paunty ANSWERING forth DEPENDANTS DEPENDANTS all har masarial allegations
THANK ET KOLEGLUKOS KOLEGLUKOS KOLEGLUKOS LA POMORS
x
Employment
'
wo
.
dramas Occupies
.
.
.
- DEFLAIN BELOW
.
x
:
.
PONGAL PONGAL 19 LAKEN ON BAPE UN MAY BY ESET
a ae
CORRECT MAX ACCIDENTALES CORRECT ACCIDENTALES
CORRECT FILED ZZ ACCIDENTALES
AGORE FILED
RECEIVED
AGORE IEERT
B RECEIVED RECEIVED
IEERT IS IEERT
AM
INDUSTRIAL
IEERT
INDUSTRIAL
INDUSTRIAL 166 K^ SLELN^ U~ AN ACCIDENTALES
"
_ Uobility for salf
procured frontmat
UebiUebl iliti y fot r fuy tura
medical treatment
wince Abadlegi coms
_ Earings
Y Perioda et dombliky
IT IS FURTHER ALLEGE
Cafendants
beginning
diability Indemnity theough_ wom
MOWED A ELATISUSCOSULADO CONTAINS
,
s
S^ KTELAST DAT WHOSEN AJID GICAREY DATE OF KATUSE TO WOSA ES A APVOGTHSP EAT VOGTHESKEAAAST CO SE STATED
.
amount of MONE at rate of pie
OF NOTINOC TIE CE
DPerfaecntdiacnets do not waive the right to raise additional kausa in accordance with the provisions of low and the Rules of if otherissues develop
Entitia me t foretrd ial~-
All defendants medical repo havre tbes en
medical
.
Additional reports will be filed before
.
Additional reports
trial wanted
umn
TLS
aeenue
9
CIA
WEAK
FOR FORU 201 1,4
_ OVER
PHIL COLLINS . KAS TELLIN TEG LLIS NGE SE OF KUSHED ATTORNEY
381-3211 ext 414 QAYMODE 109 1908 1 694 47
+
aemione,
Weee
the State California of HT
) oe
of
FACE FACE FACE FACE
_ 71-1 ( M
127201
/" / ana 127201 i oF
80780
and am and Inknown Pacific Employers Insurance Company
In answer the application we and we raise reserve checked below ad itional other allegations make
james not now known to be proper and
develop later we reserve the right to raise such additional issues
in accordance with the provisions of law neces ary malofets he Commission
.
,
[2 Employmene
.
(Sf Earnings at the time of injury
EI Namire and exseatof disability
(FI Occupation of employee
Ext Lisbility for treatment
InjInjuuryry arisinogutemopflaonydmoecncturring
(CT Stamme of limitations
. a Insurance coverage and Employer
"oo.
Medical reports have been served as fined in covering letter
Disability indemnity has been follows TTeemmppoorraarryy NJ and including
Permanent Sht and mcluding
Total
.
; Total
We believe that the presentation of our evidence will require a minimum of
,
Estimated number of witnesses if available
fee ock
@s
week
:
Rebert E. Guthrie Authorized Representat
Adre^a
4050 381-2611 Calif Nota A COPY of this Answer shall be served on all adverse
Tel3e81-2611 .
moved must be muda here
4050
parties .
Wilshire
Blvd. ,
naration
Los Angeles
of mach service and the parties
Attorneys Partion served
ee: STEARNS and GROSS
at Law
By Richard T. Gross Attorney ,
9200 Colima Rd Whittier California
REG ah
.
.
Pop se IRAVIONOM IRAVIONOM OF 10,15
teo Ganu e caem@ a eae n ootp
8078 1 DEFARTMENT OF INDUSTRIAL RELATIONS
"
WORKMEN'WSORKMEN'S COMPENSATION APPEALS BOARD
STATE OF GALIFORNIA
CEDNARD CHARLES BROKENSHI
Applicant
Vo
Case No. 63LL 250 245
HOTICOEF TIME AND
FLACK OF FURTHER
LAMSTRONG CONTRACTING AND
HEARING
+
SUPPLY COMPANY & corporation
at
. .
,
L^ SANGET.2ANGET.2 OFTNES
Defendants
ASTRALE CAALILFIORFNIOARNIA
1986 MILI^FEB 119896 86
NOTICE TO ALE PARTIES
. You are hereby notified that further hearing will be held in
the entitled action et
4107 LOS ANGELES STATE OFFICE BUILDING 107 SOUTH BROADWAY
LOS ANGELES CALIFORNIA
March 1966 . 100 A.M. all dey
"
Deted at LOS ANGELES |
FEB 9 1966
I'SI'S COMPENSATION COMPENSATION APPEALS BOARD|
. NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT PAVORED
See attached Jeinder for service
GRAMOLINE GRAMOLINE MCCONNELL MCCONNELL MCCONNELL
Appor MAR 22
- GRAMOLINE NOTICE
TONDER TONDER
ethan
'
+ Signature or person serving notice
BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFOR
I
CASE NO 63 L.A. 250-245
LEONARD CHARLES BROKENSHIRE
}
. Applicant )
Me
*
ge ARMSTRONG CONTRACKING AND SUPPLE )
COMPANY # 0orporation PLANT
.
INSULATION COMPANY MARINE ENGIN- )
s
,
MINUTES OF FURTHER HEARING
REFING AND SUPPLY COMPANY FIBER-
7
AND
GLASS ENGINEERING AND SUPPLY CON- ) ORDER JOINING
PARTY PANY REECE INSULATION COMPANY
ee THORPE INSULATION COMPANY MUDEE )
TAKING CORK CORPORATION ACCURATE IN-
ORDER
DEFENDANT
OFF CALENDAR
SULATION COMPANY REINA CASU-
11
ALTY & SURETY COMPANY & corporation THE TRAVELERS INSURANCE -
COMPANY a corporation FIREMAN'S
INSURANCE COMPANY a corpora-
LOS ANGELES tion CASUALTY INSURANCE COMPANY
OF CALIFORNIA & corporation
}
MISSION INSURANCE COMPANY Su^-
* cessor in Interest to Enterprise )
DATED AT
FILED
gy
JUL 15 1964
PACIFIC INDEMNITY corporation
PACIFIC
INDEMNITY COMPAN^
}
a corporation corporation
)
Defendants
RA
INS Shifoonam
)
9 5 92 THIS CAUSE came on for hearing on July 13 1964 at 9:00 a.m. in Department 13 of the Industrial Accident Commission Los Angel -
California before the Honorable CHARLES GLASMAN Referee
| GladyMs. Behling Reporter |
PRESENT .
Leonard Charles Brokenshire Applicant
Stearns & Gross bp Richard Gross Attorneys for applicant
2
50
Weingand Kendig & Stockwell by Ross C.
Irwin Attorneys for Armstrong Con-
tracting and Supply Company Aetna Casu-
alty & Surety Company Mudet Cork Cor
:
poration Fiberglass Engineering and
Supply Company
.
Zonni Ginocchio & Taylor by Ben F.
Taylor Attorneys for Accurate Insula-
tion Company and Casualty Insurance
Company of California
.
0 pp test
Bk 33
7 Power 138 138
21-49 BAIN
69696
; .
* .
. .
wes
a
Yoo
sof
'
.
-
ue
.
o
. a
ry
aa
a
. ye +
ae out .
'
-
80783
4
ya
}?
atte PS
ange *S
fs
BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFOR
. 7
T
LEONARD CHARLES
CASE NO BROKENSHIRE
63 L.A. )
250-245
Applicant )
ow
.
i
ZA
}
ARMSTRONG CONTRACTING AND SUPPLY }
-
ae
COMPANY a corporation PLANT
INSULATION COMPANY MARINE ENGIN )
EERING AND SUPPLY COMPANY FIBER-
.
MINUTES OF FURTHER EZARING . AND
GLASS ENGINEERING AND SUPPLY COM- ) ORDER JOINING PARTY DEFENDANT
10 PANY REECE INSULATION COMPANY THORPE INSULATION COMPANY MUDET } : CORK CORPORATION ACCURATE INSULATION COMPANY AEINA CASU-
AND ORDER TAKING OFF CALENDAR
ALTY & SURETY COMPANY a corpora-
tion THE TRAVELERS INSURANCE
)
COMPANY & corporation FIREMAN'S
11 FUND INSURANCE COMPANY & corpora
tion CASUALTY INSURANCE COMPANY.
OF CALIFORNIA a corporation
>
DATED AT OS ANGELES
FILEC
FILEC
cessor in Interest to Enterprise )
MEEN Insurance Company & corporation PACIFIO INDEMNITY COME , a corporation
Defendants
1964
.
INS CL INSA
ME N THIS GAUSE came on for hearing on July 13 1964 at 9:00 a.m. in Department 13 of the Industrial Accident Commission Los Angele .
California before the Honorable CHARLES OLASMAN Referee
Gladys M. Behling Reporter
N . PRESENT
Leonard Charles Brokenshire Applicant
. Sterms & Gross by Richard Gross
Attorneys for applicant
;
Weingand Kendig & Stockwell by Ross 0 Irwin Attorneys for Armstrong Contracting and Supply Company Aetna Casualty & Surety Company Mudet Cork Copporation Fiberglass Engineering and Supply Company
Zonni Ginocchio & Taylor by Ben F. Taylor Attorneys for Accurate Insula tion Company and Casualty Insurance
. Company of California
0 pp test BK 33
. FOAM 310 Pee? Tats eed
9oF
e Mfi 20:
:
*
.
rte eA a
Ray aa
ee a
NE
Be UR
Nae '
80784
.
:
,
z
REFORE
Hi
fj REFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORN
s
CASE NO 63. LA 250 245
LEONARD CHARLES BROKENSHIRE
Applicant |
.
SA
:
; ,
ARMSTONG
;
ARMSTRONG CONTRACTING AND
SUPPLY COMPANY a corporation
at al
Defendants
AFFIDAVIT OF SERVICE BY MAIL
OF PETITION FOR SUPPLEMENTARY
PROCEEDINGS TO ESTABLISH
APPORTIONMENT OF LIABILITY
AND RIGHT OF CONTRIBUTION
PURSUANT TO LABOR CODE
SECTION 5500.5
3
At
At
&
Pa JA JA
=
STATE OF CALIFORNIA COUNTY OF LOS ANGELES
:
az.
REFERLE m .
REFERLE
REFERLE 57
KATHLEEN DAWSON being first duly swota Bays that
;
affiant is a citizen of the United States and a resident of the
county aforesaid that affiant is over the age of eightem years
and is not a party to the within entitled ection that
affiant's business address is 6725 Sunset Boulevard Los Angeles
28 California that on January 6 1966 affiant served copies of
Petition for Supplementary Proceedings to Establish Apportionment
of Liability and Right of Contribution Pursuant to Labor Code
Section 5500.5 on the parties listed below by placing said copies ..
in a sealed envelope with postage thereon fully prepaid in the .
United States post office mail box at 6725 Sunset Boulevard
Los Angeles 28 California addressed as follows
Plant Rubber & Asbestos Works 537 Brannan St. San Francisco California
- Pacific Indemnity Company 3200 Wilshire Boulevard Los Angeles California
Riley Stoker Corporation
9 Neponset Screet Worcester Massachusetts
Liberty Mutual Insurance
6006 Wilshire Boulevard
Los Angeles California
Company
.
RESCIVE
RESCIVE
|
i
.
JAN 13 1986
1. KERIKSERTISITI
priser a mgr
my
. marta tsgee
rn
ov
+
ae
-
80785
Marine Engineering and Supply Co.
941 East
2nd Street
,
Los Angeles California 90012
KATHLEEN DAWSON
January
Subscribed and sworn to before me this 6th day
day 1966
Fran
"
19
19
23 24
26 27 28 29 30 31
32
Yaw
/
.
wees 6+ non ena
-
807886
807886
-
807886
a
eee
.
807886
aw 807886 807886
7
COVED
\
INDUSTRIAL ACCIDENT
a.
,
COMMISSIONE COMMISSIONE ANGELSANGELS
.
_
20
GLAUBHUB
GLAUBHUB K BARR DWAY NS
| WIA BLAJA GALDEY \
DAY & SUNMIS
MARGLO BENNETT i i
15 et gee
ow
15
MCLAUGHLIN EVANS QALBEY QALBE&Y CUMMING
0718 SUNSET POUL~ VARO LOS CALIFORNIA BOONE
TELERISON
January 5 1966 1966
os 1986 JAN 11b
AND EXHIBIT Cee
_ .CASHE HOO EXHIBIT EXHIBIT .CASE
pe
ed
Industrial Gb.44 Gb.44 Ys M
Accident Commission ,
107 South Broadway
Los Angeles 12 California
Re
.
Casa No. 63 LA 250 245
Isonard Charles Brokenshire & Supply Company et al
vs.
Armstrong
Contracting
Gantlemen
Consistent with the Petition of Travelers Insurance Company for supplementary proceedings we are requesting that the
following employers and carriers be joined as party defandents
Elang Rubber Rubber & Asbestos Works 537 Brannan St. San Francisco
company California and its insurance
Pacific
3200 Wilshire Blvd , Los Angeles California
Indemnity Co.
Riley @
Stoker Corporation 9 Naponset St.
setts and its insurance company @Liberty
6006 Wilshire Blvd g Los Angeles Calif
Worcester MassachuMutual Insurance Co.
SSrearlySreeaalylySrealy *
Engineering employer Herine Engineering and Supply Co. 941 E. 2nd St.
Calif
The carrier for this particular
to date unknown
Los Angeles , is
We are serving a copy of this letter upon the persons listed
above as well as serving them with a copy of the petition for
Supplementary Proceedings and the documents attached thereto
We ask that this matter be restored
for a full
day hearing
Yours very truly
MCLAUGHLIN EVANS DALBEY & CUMMING
BFE kd oe: Stearns Gross & Moore
By
#G
00 WZoeminnigandGinoKcecnhdiiog & StTaoyclkowrell
Barry
.
:
RECEIVER
JAN 12 1938
UAN LAKE LAKE
YAEL ON Elta ee
80787
,
807887
Harold Shoop Representing Thorpe Insulation
Company and Fireman's Fund Insurance Company
McLaughlin Evans Dalbey & Cumming by John
McLaughlin Attorneys for Armstrong Contracting and Supply Company and The Travelers In-
suzance Company
.
Harold Bennett Representing Accurate Insula tion Company and Mission Insurance Company successor in interest to Enterprise Insur-
ance Company .
No appearances by or for Fiant Insulation Com-
pany Marine Engineering and Supply Company and Reece Insulation Company |
GOOD CAUSE APPEARING THEREFOR
IT IS ORDERED That Pacific Indemnity Company & corpora-
tion be and it hereby is joined as a party defendant
f
DISPOSITION
To permit further investigation on issues of coverage
and employment and
GOOD CAUSE APPEARING THEREF^ R
re IS ORDERED That the entitled matter be taken off
calendar subject to being reset upon request of any of the
parties
Serrice of this Order has been w^/iredby the parties,
thereto except Pacific Indemnity Company ,
to be served on Pacific Indemity Company
Copy of
this
Order
Referee INDUSTRIAL ACCIDENT COMMISSION
ofe
R
BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORN
CASE NO 63 D.A. 250-245
LEONARD CHARLES BROKENSHIRE
).
,
Applicant )
yaome
8
10
14
VE
}
ARMSTRONG CONTRACTING AND SUPELY )
COMPANY a corporation ELANT
INSULATION COMPANY MARINE ENGIN- ) EERING AND SUPPLY COMPANY FIBER-
GLASS ENGINEERING AND SUPPLY CON- ) .
PANY REEDE INSULATION COMPANY
THORPE INSULATION COMPANY MUDET ) CORK CORPORATION ACCURATE IN-
SULATION COMPANY AETNA CASU-
)
ALTY & SURETY COMPANY a corpora-
} tion TRAVELERS INSURANCE COMPANY
a corporation FIREMAN'S FUND
INSURANCE COMPANY & corporation )
CASUALTY INSURANCE COMPANY OF
CALIFORNIA
, & corporation
)
MISSION INSURANCE COMPANT Sue-
cessor in Interest to Enterprise ) Insurance Company a corporation
a
2
MINUTES OF FURTHIA DEARING
Loy .
US ANSELIG OPPICE
ACCIDENT COMMISSION INDUSTRIAL
OF CALIFCO ALR IFNORINIAA
MILD
JUN26 1964
WILLIAM
WILLIAM KAPLA Ab8t. KAPLA
CEEEE CEEEE
19 N N
N
Defendants
)
THIS CAUSE came on for hearing on June 23 1964 at 9:00 a.m.
in Department 13 of the Industrial Accident Commission Los
Angeles California before the Honorable CHARLES GLASMAN Referee _ ~ . Gladys M. Behling Reporter ,
FRESENT Leonard Charles Brokenshire Applicant
Stearns & Gross by Richard Gross Attorneys for applicant
Weingand Kendig & Stookwall by Ross Irwin Attorneys for Armstrong Contracting and Supply Company Astna Casualty & Surety Company Mudet Cork Corporation Fiberglasa Engineering and Supply Company
Zonni Ginocchio & Taylor by Marco J. Zonni Attorneys for Accurate Insulation Company and Casualty Insurance Company of California
10 pp test
BK 29
-1- |
196 196 ui
tease
.
roytt
a
.
.
eRe
._
os
ott aia
ve
.
xe me
-
wf
,
Representing Harold Shoop
Thorpe Insulation Company
and Fireman's Fund Insurance Company
MaLaughlin Evans Balbey & Cumming by John
MaLaughlin Attorneys for Armstrong Contract-
ing and Supply Company and Travelers Insur-
ance Company
:
Harold Bermett Representing Accurate Insulation
Company and Mission Insurance Company successor
in interest to Enterprise Insurance Company
8078 9
Insulation Company
an
.
IT IS STIPULATED That Aetne Casualty & Surety Company vas the workmen's compensation insurance carrier for Fiber- glass Engineering and Supply Company from January 1 1953
to September 1 1955
_
IT IS FURTHER STIFUL That Aetna Casualty & Surety Company was the workmen's compensation insurance carrier for
Mudet Cark Corporation from December 31 1956 through Decembez 31 1959 and that the applicant was employed by Mudet
Cork Corporation from March 1967 through February 1959
IT IS FURTHER STIPULATED That Casualty Insurance Company
of California was the workmen's compensation insurance car-
rier for Accurate Insulation Company from Aprii I 1959
through February 1 1961 and that the applicant was employed by Accurate Insulation Company during this same period
IT IS FURTHER STIPULATED That Mission Insurance Company successor in interest to Enterprise Insurance Company was the
workmen's compensation insurance carrier for Accurate Insula-
tion Company from February 1 1961 through March 25 1961
and that the applicant was employed by Accurate Insulation
Company during said period
020
>
807890
IT IS FURTHER STIPULATED That Fireman's Fund Irisurance
Company was the workomen's compensation insurance carrier for
Thorp Insula tioInnsula tion Company from October 1
ber 1 1957-|
1956
through Octo-
DISPOSITION DISPOSITION .
At the request of the parties the matter now stands adjourned until 9:00 a.m. on July 13 1964 in accordance with
the Notice of Further Hearing dated May 27 1964
INDUSTRIAL ACCIDENT COMMISSION
STATE OF CALIFORNIA
.
GROHARD CHARLES BROKEN
eo Case No. 63 LA 250 245
SUPPLEMENTAL SUPPLEMENTAL
Notice of Time
and Place of
;
ve.
|
ARMSTRONG CONTRACTING AND SUPPLY
COMPANY * Corporation et al
} Further Hearing
ON DEFENDANT TRAVELERS INS
PETITION FOR SUPPLEMENTARY SUPPLEMENTARY
FROCKED TO ESTABLISH
APFORTIONMENT OF LIABILITY
AND RIGHT OF CONTRIBUTION .
PURSUANT TO LABOR GODE
Defendent | SECTION 5500.5
NOTICE TO ALL PARTIES
You are hereby notifitehadt further bearing he be l heldd in the entitled actionAL ACCIDEANCIDTENT COMM
4107 LOS ANGELES STATE OFFICE BUILDING 107 SOUTH BROADWAY BROADWAY CARDIA CARDIA ,
.
LOS ANGELES CALIFORNIA
_
JUWBJuff
196&4
14
9:00
1964-9
A.M. 1/2 DAY
LM.- TWO DAYS
|
KAPU WILLIAM WILLIAM KAPU ;
Dead uts LOS ANGELES
INDUSTRIAL ACCIDENT COMMISSION .
NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT F^ VORED
NAME AND ADDRESS OF PERSONS SIXT
_ Datz 5-27-64 5-27-64
: Leonard C.
Brokensbire Stearns & Gross 9200 06lims
Liebscher Ave. Forw^Gallk
Bd Whittier Cal
District Armstrong Contracting & Supply 00.4340
Blvd.La90058'
Plant Insulation Co.2741 8. Yates ve.IA
Co.5933 Telegraph Fiberglass Eng Supply
Thorpe Insulation Co.2741
Rd.LL fates Ave.^ A
Mudet Cork Corp.6116 Walker Ave. Maywood Cal
Accurate Insulation Go.8823 Mottier St. IA90003
Fireman's Fund Ins.C^.Box Ins.C^.Box 232S3 pring Att Shoop
Casualty Ins.Co.of Cal.610 S. SpringSt.LA
Hission Insurance do.successor to Enterprise Ins.Go.300 S.Kobart Blvd.
Astna Cas Surety Co.2404 Wilshire Blvd.
Iravelers Ins 00.3600 Wilshire Blvd. LA
McLaughlin Kendig & Stockwell CatalinaIA
McLaughlin Evans Dalbey & Gimming 6331 Hollywood
Blvd.IA90028
Agoodman
EIGNATURE OF PERENN DERVING NOTICE
PORN 400 ~fiREY65
TOYS ' ve.q10m va alPde
~ aN
5 :
.
' .
* Yr
{
@
807892
807892 807892
-
807892 807892
, HEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIP CASE NO 63. L.A. 250-245
3 LEONARD CHARLES BROKENSHIRE
1
mao Applicant
gy
10
12 14
ARMSTRONG CONTRACTING AND
}
SUPPLY COMPANT & corporation
FLANT INSULATION COMPANY
)
MARINE ENGINEERING
AND
|,
SUPPLY COMPANY FIBERGLASS ENGINEERING
.
d
;
AND SUFFIX COMPANY
}
RESCE INSULATION COMPANY
-
THORFE INSULATION COMPANY
)
MUDET CORK CORPORATION
:
ACCURATE INSULATION COMPANY
)
AETNA CASUALTY & SURETY COMPANY
& corpora
)
TRAVELERS INSURANCE COMPANY
* corporation
}
FIREMAN'S FUND INSURANCE COMPANY
& corporation
)
CASUALTY INSURANCE COMPANY OF .
CALIFORNIA & corporation
)
) ENTERPRISE INSURANCE COMPANY
.
a corporation
;
Defendants }
GOOD CAUSE APPEARING THEREFOR
:
ORDER JOINING PARTIES
eo,
DEFENDANT
.
:
12 .
IT IS HEREBY ORDERED THAT Plant Insulation Company Marine
Engineering and Supply Company Fiberglass Engineering and Supply
Company Reece Insulation Company Thorpe Insulation Company Mude
Cork Corporation Accurate Insulation Company Fireman's Fund
Insurance Company & corporation Casualty Insurance Company of
California a corporation and Enterprise Insurance Company &
28
serporation be joined as parties defendant in the above entitled
.
cause Braves
28
29 RB
Braves ;
Braves Braves , Baron
DATED AT LOS ANGELES CALIFORNIA .
30
Referee COMISIC
May 7 1964
.
INDUSTRIAL ACCIDENT COMMISSIC
_,
R^ NN20
Ocneg Hit 10 oe
FIQED
je SERVED wt 1-6
SERVED
GEA
os on ERA
PbS LINSAZ
.
om,
.
i
, .
.
+
So ag bee Ee 6 BE oe
a A
Pad
807893
807893 807893 807893 807893 807893
1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA
BW
CASE NO 63 LA 250 245
i Es GL
G&
4
KM
Applicant
w
vs.
7 ARMSTRONG CONTRACTING AND
SUPPLY COMPANY a corporation
Bet Bet al
$
Defendants
APPORTIONMENT LIABILITE N FOR SUPPLEMEESTANBLISH
I
PETITION = PROCEEDINGS TO ESTABLISH LIABILIT'E
19
OF
PURSUAPPUUNRRSUSATUNTANT5T5O00.L5ABOR CODE
,
The Travelers Insurance Company a corporation of said Petition alleges and av^rs as follows
,
I
in support
&EVANG ALATW MIRANGIZ FALIORNA SL^
MCLAUGHINATORNEYSNOMATIN DOM~DD 169123975982 ANGELS 91239759829123975982 VICI
1629 LOS 9123975982
alleging
asbestos
Applicatiwoans filed in the above matter on March 15
injury on February 8 1963 by reason of exposure to
196
resulting in the occupational disease of asbestosis
;
II
At & hearing upon this application before the Industrial
9123975982 9123975982 Accident Commission at Los Angeles California on July 30 1963
commencing 9122397599822 said application was emended to allege a period of injury
February in a
9122397599822
1941 and ending on
8 1963
'
III
229
At a further hearing before the Industrial Accident
229 Commission on July 30 1963 the applicant elected under Labor Code
25 Section 5500.5 to proceed against the last employes Armstrong
0 Contracting and Supply Company and its Insurance Carrier your
2 Petitioner with respect to its period of coverage from April 2 1961
,
to January 1963
0
IV
.
30
The Industrial Accident Commission issued its Minutes of
31 Further Hearing and Award on November 6 1963 a copy of which is
32 attached hereto and marked Petitioners Exhibic A Your Petitioner
57-64 57-64
be wun *
Station np tngnr artanWetebn
r wotnet
Station Station Station
Station Station Station
.
a eee
sermcqama 5 Mat
.
~~
@
1
-
1 has complied and is still complying with the terms of that Award
v
Based upon the medical evidence filed in the above matter
copies of which are attached hereto your Petitioner contends that
applicant's injury consists of the industrial disease known as
asbestosis asbestosis which is due and caused by applicant's exposure to
asbestos during his period of employment employment employment from 1971 to February 8
1963
1941
Vi
do 12/13/64
Your Petitioner further alleges that applicant was employed
and exposed to asbastos during that period of time by various
&EVANS ASATW ENVATSON CALIPOMNA7-170
KA 19797
MOLAUSIENATORNEYGosmatolANGELSHOLYWOD 1909 LOS 298
employers who were insured for workmen's compensation insurance by
various insurance carriers as set forth in Exhibit B attached
bereto 1
VII
That 5500.5 pursuant to Labor Code Section
5500.5 your Petitioner
is entitled to a determination by the Industrial Accident Commission
with regard to an apportionment of its Liability as well as to
298 right of contribution with respect to payments which it has made 20 20 under the terms of the Commission's Decision of November 6 1963
21 2
WHEREFORE it is requested that a hearing be scheduled in
22 the above matter for the purpose of determining the above issues
Dated April 22 1964
.
, '
2 Respectfully submitted MCLAUGHLIN EVANS DALBEY & CUMMING
ByFFuu Fu 0
0 2 Actorneys for Petitioner
0 0
0
0 0
32
2 2
2
.
. oy
968408 968408
968408
968408
968408
OF
OF EMPLOYEMM PLE OYN MET NT
Plant Insulation Co. _ 2741 5. Yates Avenue
Los Angeles Calif
Marine Engineering and Supply address unknown
FiberSupplyglass Engineering and 5933 Telegraph Road
Los Angeles Calif
Reece Insulation Company address unknown
Plant
Insulation Company Thorpe
^ venua Company ThorpeS.
Insulation
Yates
Los Angeles Calif
Corporation Muder Cork
6116 Walker Avenue
Maywood California
Accurate Insulation so.
8823 Martier Street
Los Angeles 3 Calif
1941 to April 1950
.
t {
April 1950 to
December 1952
ADuegceumsbter19155952 to
1955 to
July 1956
March
March 1957 to
October 1959to
October 1959 to April 1961
Corporation Supply Armstrong Contract and
SupplyDistrict Boulevard
1961 April
co
February 1963
INSURANCE CARRI
unknown
unknown
Aetna Gasualty and Surety Company
Fireman's Fund Insurance Company
Aetna Casualty and Surety Company
Casualty Insurance
Company of Califor and Enterprise Ins Company Travalers Insuranc Company and ^ stna Casualty and Suzet
Company
eereet
EXHIBIT B
oh
I
a
.
an :
807896 807896
- 807896
807896 807896
OF CALIFCOALRIFNORINIAA COUNTY OF
}es
.
BAETE Evans one of
e bedag duly minem depanas and maya _de CONCES OF RECORD
;
at the m^"kinand abesa anailed ession t^et de k^lder
Apportionment Apportionment of Liability and Richt of Contribution Pursuant to
Apportionment Ap ortionment Section 5500.5
and Amerso che kom
that the mouer le t^'t^'
his
.
sza kstensiqiye moramo on to the mothers allek
are theres mated amounusu
bis
Information and bellef and an to blode matars thes h
12belii t toebevwe ra Salmaribed and mean to betere nos
dayday them pull pull 277
(
.
,
Resary Pubito in and for vald Commey and Stora
AFFIDAVIT OF SERVICE
BY MAIL 1013 C.P.
be STATE OF CALIFORNIA
COUNTY OF
.
CERTIFICATE OF SERVICE
SY MAN - 10154 P. 2
biting a
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in sueled moalape with postage chorvus jully propell in the United States post offci nal ber ^
2 addreassfsole lod ws
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it
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SBAL Rowery
Publie in and for said County
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Fisk cerd^zatael service sas budinaus address endy unless business address and residence or the sema
Be
ON seni Ra
*
807897
THE I BEFORE
THE INDUSTRIAL a
on
ACCIDENT COMMISSION OF
CASE NO 63 L. A. 250-245
STATE OF CALI70
$ &
.
5 8
& 9
.
10
hh
IS 14 9 9 2
y
LEONARD CHARLES BROKENSHIRE
.
}
,
f Applicant J
YE
a a
}
.
MINUTES OF FURTHER HEANINO
:
AND
.
AWARD
.
ARMSTRONG CONTRACTING AND
SUPPLY COMPANY & corporation & SURETY AEINA CASUALTY SURETY COMPANY
& corporation TRAVELERS INSURANCE COMPANY a corporation
_ Defendants
dQ.
} -
j
j
j
.
REI INSA
THIS CAUSE came on for hearing this 4th day of November 19t
nine a.m. in Department 7 of the Industrial Accident Commission
Los Angeles California before Honorable RICHARD BARRY Referee
M. A. McNeal Court Reporter
2
PRESENT:
9
Leonard Charles Brokenshire applicant
applicant applicant 8
Stearns & Gross by Richard Gross attorneys for
2
Joseph Bilchak representative for Travelers
0
Weingand
Kendig Stockwell & Callanan attorneys for Aetna
by E.
Kendig
0
2 3 2
-
& 28
0
2
FFo orr mJitm D~SHEYVA AR
D~ YAR VA
WITNESSES None
( None
EXHIBITS
Applicant's 1 - Reports attached to and listed in
transmitta letters of 4/22/63 and
10/30/63 EDGAR4/8/63 Defendants A Report10/30/63
HURLEY report 10/16/63
P. MAUER M.D
L. MOTLEY M.D
3/13/63 report
report
report
4/8/63 4/4/63
EDGARF. MAUER M.D
CHESTER P. BONOFF M.D
JOSEPH SCHMERLER M.D.
3pp
ret a Mokke ME
80789
fl
IT IS STIPULATED BY AND BETWEEN THE PARTIES PREARESPERESNEN
L. That Leonard Charles Brokenshire born July 9 1907 wa
YH employed by Armstrong Armstrong Contracting and Supply Company & corporat
fF
as an asbestos working foreman at Los Angeles California duris
- period that began in 1941 and continued to and including
myr
9
10 10
12
99599
February 8 1963
2. That said employer's insurance cartier during the pario
that began April 3 1961 and ended December 31 1962 wRS
Travelers Insurance Company a corporation and that the carrier
during the period that began January 1 1963 to and including
February 8 1963 the last date of applicant's employment was Aetna Casualty and Surety Company a corporation
3. That applicant's employment during the period of covera by Travelers Insurance Company and Aetna Casualty and Surety
Company contributed to applicant's asbestosis which constitutes
an injury which arose out of and occurred in the course of his
said employment
4. That applicant's earning capacity at the time his sald
injury culminated in disability was in excess of the maximum
5. That all medical treatment has been furnished
6. That said injury resulted in temporary disability that
began February 9 1963 and ended June 9 1963 entitling the
applicant to payments at the rate of 70.00 per week during said
period less the sum of 250.00 that has already been paid
7. That applicant's condition is now permanent and stations
9 59 indemnity 8 That applicant has permanent disability as the result of said injury that is equal to 62 of total which is equal to 248
weeks of permanent disability
at the rate of 52.50 pei
week or a total sum of 13,020.00 payments to begin June 17 19
3
9. That applicant is in need of further medical treatment s
PRM 338 omitg Gat irom Bay
-2-
-
oem
:
og
a
tae .
ket
et Ob3 l way i ae aay
. .
.
at
Ee atyt
ae
,
/
80789
1"entitled to have it furnished to him by the defendant insura
H
carriers for the balance of his life
a
20 That the payments and the further treatment will be
Compeny e
furnished by Travelers Insurance
Aetna Casualty and
.
&
Surety Company agreeing to reimburse Travelers Insurance Company
&@
in such amounts as they agree to adjust between themsalves
2
11. That Travelers Insurance Company and Aetna Casualty and
Surety Company reserve their right to proceed against defendant
employers and insurance carriers who are not present in order to
assert their contribution rights based on the allegation that .
applicant's exposure extended over a period of time not covered
by the insurance coverage of either of the present defendant
insurance carriers and that this aspect of the case is to be considered as taken off calendar at this time to await the fil^r
of adequate allegations and the joinder of all necessary parties
defendant ;
12. That an Angrd may be made a part of the Minutes and be
filed as such without the necessity of any further compliance wi
the provisions of Labor Code Section 5313
DISPOSITION
N
Submitted
A
Ba
AR AR D
AWARD is made in favor of Leonard Charles Brokenshire again
Travelers Insurance Company a corporation Aetna Casualty and
.
FORK 339
oa eis 1b Petal kl
1
ge
eo
Surety Company & corporation to a reimbupr ors tioen to thereof
Travelers Insurance accoir n daca con rdc ane ce with the understanding
set forth hereinbefore in the sum of 13,020.00 together with
interest as provided by lar payable to applicant at the rate of
52.50 per week beginninogn June 17 1963 plus temporary
disability indemnity for the period February 9 1963 and ending
70.00 being June 9 1963 at the rate of sums entitled to credit for all
per week defendants
beretofore paid on account of
temporary disability indemnity plus further medical treatment
for the balance of his life less the sum of 500.00 to be paid
directly to applicant's attorneys as the reasonable value of the
*
Berv1988.
Rebar INDUSTRIAL ACCIDENT COMMISSION
2592
30
PORN G99 1,40 1919
APP 1,40
Az llahallha alla
~,
in
7
.
tos .
rl
aA
; 807901
807901 807901 807901
|
CASE NO 63 L. A. 250-249
LEONARD CHARLES BROKENSHIRE
-
wk
.
LAMSTRONG CONTRACTING AND SUREL
COMPANY & corporation ANTENA CASUALTY & SURETY COMPANY
& corporation TRAVELERS INSURANCE COMPANY
& corporation
REFEREE HEARING DICTATED
NOV. 4 198.3
NOV 4 1963
oe /
eo
:
1941 endin 1963 1941 andand
.
Feb. 8
- Stearns & Gross by Richard Gross attorneys for applicant
~ Joseph Bilchek representative for Travelers
Weingand Kendig Stockwell & Callanan by E. Kendis
attorneys for ^stna
.
REFEREE'S NIEMORANDUM ON FURTHER HEARING
The applicant has proceeded against the last employer who had two insurance carriers The parties were able to enter into stipulations that permitted an Award all as reflected in the Minutes The stipulated rating was substantially based on Dr. Mauer's description of the restrictions that applicant apparently has It was recognized that applicant has a progressive disease and that his permanent disability may increase in the future However it is permanent in the sense that it is ipraversible The insurance carriers who have liability by reason of the stipulation will proceed against other defendants in a supplemental proceedings in order to assert their rights of contribu-
DISPOSITION Submitted
MMC
RICHARD BARRY _ REFEREE
ow
.
-
Cote
.
f.
Mek Sayre
_~
~
807902 a CASE NO 63 Lo k 250-245
LEONARD CHARLES BROKENSHIRE
REFEREE
RICHARD BARRY
HEARING JULY 30 1963
DICTATED JULY 30 1963
VS.
; .
ARMSTRONG CONTRACTING AND SUPPLY CO AEINA CASUALTY AND SURETY COMPANY
& corporation TRAVELERS INSURANCE COMPANY
& corporation
ALLEGED INJURY Beginning in 1941
February .
and
February , 1963
= Stearns &
Weingand attorneys
Gross Kendis for Aetna
by Richard Gross attorneys for applicant
Stockwell & Callanan by E. Kendig
Casualty and Surety
EREE'S MEMORANDUM ON HEARING
In his application as amended at the time of this hearing
tl
the applicant alleges injury to his lungs by reason of exposure_to exposure_to
asbestos during a period that began in 1941 and ended 2/8/63 The
Aetna Casualty applicant alected to proceed against the last employer Armstrong
Contracting and Supply Company However the case could not go forward
because
and Surety Company did not have all of the
coverage of the last employer They admitted coverage beginning in
January of 1963. Their information is that Travelers Insurance Company
had coverage from April 2 1961 which is the beginning
date of
applicant's employment with the said last employer and up until the
time Aetha's coverage began Travelers Insurance Company was therefore
joined as a party defendant
No other insurance carriers were joined because the informa-
tion with respect to the prior employers as set forth in applicant's
attorneys letter of 4/25/63 is quite sparse Apparently Fiberglas Engineering and Supply Company was absorbed by Corning Fiberglas8
and their carrier was the defendant Aetna Aetna also insured Mudet
Cork Corporation Apparently Casualty Insurance Company of California and Enterprise Insurance Company were the carriers for Accurate Insula tion Company None of the prior employers were joined at this time They will be joined at a later date if liability is established against the last employer whose insurance carrier as a matter of asserting their rights to contribution can then proceed against the other em-
ployers and their carriers
Dr. Schmerler in a First Report Of Injury diagnosed a chronic
emphysema and fibrosis Apparently he has been the attending physician His bill in the sum of 159.50 will be paid by Aetna Applicant's Dr
Hoffmann indicated a diagnosis of possible asbestosis Defendant
Aetna's Dr. Mauer diagnosed pulmonary fibrosis that is probably secon-
dary to industrial exposure to asbestos He recommends further tests
including respiratory function tests and Aetna will see that they are
made Meanwhile Aetna will also make a monetary advance to applicant
disability began His claimed period of temporary
2/8/63 and ended 6/10/63
He is now working as an estimator for an asbestos firm
A copy
application and a
will be served on better advised
of this memorandum copy of applicant's Travelers Insurance
together with a copy attorneys letter of Company so that they
:
of the
4/25/63
will be
MMC
DISPOSITION
Continued to be reset for one full day not before two months from this date
FILED SERV ^ E <D 6363wee
EE EEA
EE ERA
INS CL__ INSA
N. CL__ SUIF
oO
;
RICHARD BARRY
REFEREE
*
,
.
,
|
a
.
|
807903 807903 _ 807903 807903
807903
"! ,
~
sa
~ ae
OF
5
} :
4
~
KUAT ET HOFFMANN M.D.
ZYLDERAKER MEDICAL GENTEN QUITE 16 1818 STU^ SKRAKERADAM
NORWALL CALIFORNIA
UNANLASITY d1o d1o
PU + Pea t e ia
Soa
.
Stearns & Groes
Attorneys at Law
9200 Colima RdWhittier./Calif Whittier./Calif
Re Leonard Charles Brokenshira
'
Dear Sir . .
On the 11.20 196M2r. B.C. Brokenshire came the first time
to my office complaining about pain in his chest especially on hi
left side After examining the Pat the diagnosis was U.R.I. chi
vulmonary fibrosis poss asbestosis B.P.was 120/82 Because of
his vain on the left side EKQ was taken.Findings taken.Findings Chests
Iray taken 11-29-62 in Studebaker Hospital 13100 Studebaker Rd.i
Norwalk showed the following impression The changes are those of
extreme chronic pulmonary disease manifested by fibrosis and emph sema The possibility of an occupational process must be seriousl
considered
;
.
The second and last time I saw Pat in my office office on the 11
of December 1962. He had slighly improved.He was told changing of
his job would be advisable to furthermore improve his condition
Yours very truir
Hust
De t
Me pe OMIT MES
TET Yat ae Tet
a
; oom
JOBKAN J. SCHMERLER M. D. F.C.C.F.
LAINITA MEDICAL CENTER
19994 SOUTH OLARK AVENU
; -
BELLFLATWOR CALIPERSUL^ CALIPERSUL^ Poesde FOI pAS.
Varok 4 1963
SO WHOM ISS HAY CONGREN
Ha Leonard Brokenshire
Mr. Leonard Brokenshire ves examined -
me me on February 25 1963 and on March 4
1963. Is suffers from marked euphysem and
possible chrezio ambestosis of the lungs
Patient la dyspnsac on walking at moderate peas and severely drapeso vhan usllsing
feat of ellabing stairs However he is
comfortable
slowly
siting sitting
standing or
walking
Brokenshire Kr
is definitely partially
disabled and is unable to perform his
previous duties which included climbing ladders while beavily weighted
Rehabilitation of this patient for a different occupation is definitely necessar
a
t
JJS
D. Ae! Dy
Joseph T merlar M.
/
,
/
o
.
7 .
807905 807905
807905
807905
ae
U.SC. CARDIO-
BROKENSHIRE
Ty |
Lannard C.
1
LOS ANGELES 17. CALIFORNIA
PULMONARY FUNCTION STUDIES
5080
October 16 1963
.
Dr. Edgar F. Maue
three The total vitali capacity supine vas decreased in marked degree The time
vital capacity for
seconds was decreased in a marked degree and slightly
Less than the total vital capacity observed standing The maximal breathing
capacity mas decreased in a marked degree The rezimal breathing sapucity was
increased from 78.8 to 112.7 .litors p^rminute after one bronchodilator treatme
with Isupral indicating the presence of a moderate degree of bronchospasm The
shape
forted
spirogram of the exhulation exhulation
tracing reveals a vary slight withoutwithout evidence of air trapping
prolongation of the rapid Inspiratory time on the
55.6 . rap pirogram is prolonged indicating expabity for 0.5 seconds was 1494 ml
loss of lung elasticity The timed vit
of the observed total vitul capaci
The pined vatul espacity for 10 seconds was 2475 ml 92.5 of the
ces observed total vital capscity normal The residual air was measured both by open circuit and the helium closed circuit methods and found to be decreased slightly The total lung capacity was decreased in a marked degree
The
modey
factor
occupies ratie normal predicted values resiad iruoacclupies 34.9
of total lung
increase in
ratie above the
capecity
as decreased in a moderate to marked degree
and representsa
slight
The ventilati
ventilati
The ventilation factor is
the
average of the timed vital capacity for three seconds the maxical breuthin
caparity the
and the residual percent of the total lung capacity all bucks of the normal predicted value The alveolar nitrogen was
expressed on 1.15 after
breathing
oxygen for 5 minutes normal The nitrogen washout curve was obtaine
. with continuous recordings of each broath on oxygen breathing on the nitrogen
matel
a total time of 4.5 minutes was required to reduce the and tidal nitr
gen
wo The shape of the nitrogen washout curve is smooth and uniform The
nor with
nitrogen forced
washout is to an end tidal of % exhalation the alveolar should not
or less within 5 minutes and exceed 1.55 The nitrogen was
out
this case with the nitrogen meter indicates normal air distribution in t
lungs .
moderate
oxygensaturation arterial blood
moderate to marked decrease ,
at rest was 91.9 on air breathing a
90.0 with step axercise a marked decreas
exercise saturation was
The repeated at miles per hour fast with a
walking on the treadmill in a steady state grade on air breathing and found to be 50
the
as with the stop exercise With intermittent
pressure
breathing positive exercise till
on compressed air only at reat the saturation was 96.2 normal Th
exercise was repeated at 1.5 miles per hour
with< a 23 grade on
32-75 oxygen breathing increasing the inspired p0s from 146.9 on air breathin
to 231.2 on Hg and with this laval of oxygen breathing the saturation wea 96.2 normal 97 or more After breathing 100 oxygen the saturation of the
arterial blood was 99.7 the CO2 content
46.6 vols percent and the pH 7.45 T
CO2 content on air breathing was decreased slightly both at rest and with exer-
150 dise
14.59 The arterial blood
The hemoglobin was
pill was normal at rest and increased alightly with exe grams based on oxygen capacity measurement and
further checked with the Deckman DU Spectrophotometer cyanmethemoglobin method
The heciatocrit was 46.45
*-
wate ye
ee PO
807906
JOSEPH J. SCHMERL^ AM. F.QQ.P.
LAAMDEN MEINGIA GENTER
16986 BOUTS BLANK AVENUE SELLFLOWER CALIFOSSMA Vigastn Pete
March 4 1963
*
TO WHOM IT MAY CONCERN Bet Leonard BrokenshiBrrokeneshire
Mr. Leonard una Brokenshire azamined me me on February 25 1963 and on March 4
1963. Ko suffere from marked suphysens and
possible ohranio asbestosis of the lungs
Patient is dy yasanon valking at a moderate
pass and severaly dyermeso when walking
fast or climbing stairs However he is
comfortable sitting standing or walking
slowly
;
Mr. Brokanehire is definitaly partially disabled and is unable to perform his previous duties which included climbing ladders while heavily weighted
Rehabilitation of this patient for s
necessar necessar different occupation is definitely
Oo.
( Schwerler ww ww
J.
K.
Joseph f
Schwerler
JJ5
_
f
_
807907
KURT O. HOFFMANN M.D.
STUDEBAKER MEDICAL CENTER
10 AUITE - 18126 STUDERAICEN AZAD NOB NOB CALIFORNIA CALIFORNIA
'
UHIVEAGIT adj
.
Fam PTX om
... ...
April 17.1963
e Stearns & Oroas
Attorneys at Law
9200 Colima Rd Whittier./Calif Whittier./Calif
Re Leonard Charles Brokenshire
,
Dear Sir
: .
;
On the 11.20-1962 Nr L.C. Brokenshire came the first time
to my office complaining about pain in his chest especially on his
left side After examining the Pat the diagnosis was U.R.I. chro
Tulmonary fibrosis poss asbestosis B.P.was 120/32 Because of
his sain on the left side EKG was taken.Findings Chests
~
Iray taken 11-29-62 in Studebaker Hospital 13100 Studebaker Rd.in .
Norwalk showed the following impression The changes are those of
extreme chronic pulmonary disease manifested by fibrosis and emphy-
'
sema The possibility of an occupational process must be seriously
considered
The second and last time I saw Pat in my office on the 11 of December 1962. He had slighly improved.He was cold changing of
his job would be advisable to furthermore improve his condition
Tours very truly
Vast
Auffie
m~,
,
/
ie] ...
807908
|
.
EDG^ RP. MA^ ERMO
1920
WiCSHRIRH
{
an
LQ018YARB LQ018YARB . 101 ILS
October 30 1963
*
57
ALIFORNIA
~
Aetna Casualty & Surety Company 2404 Wilshire Blvd. Los Angeles 53 Calif^rnia
Attn Ray Skoney
Res Leonard Brokenahire
-
ver Asastrong Construction Co.
Gentlement
.
Pulmonary fustion studies ware done by Dr. Hotley on October 16 1963 These studies reveal abnormal findings characteristic of pulmonezy
fibrosis The figures reveal a moderate reduction in pulmonary fune
tion It is obvious that this reduced function is due to the patholo
gical changes noted by examination and particularly by the ray have been regarded as due to the inhalation of asbestos fibers
These
On the basis of these studies it is my belief that Mr. Brokenshire
could be employed at an occupation which did not involve a degree of
exertion which would cause shortness of breath In other words &
5
sedentary job which involves an ordinary amount of walking about an
office or even about an open site on level ground would not cause any
difficulty Any axertion such as climbing ladders or climbing
stairs might produce dyspnea and discomfort although this would not
increase the severity of the disease at this time Any work pre- .
scription should also insure the avoidance of insulating materiale
particularly asbestos and fine dusts This implies that his condi-
tion has not changed since the last examination April 14 1963
Asbestosis is a progressive disease It is likely that the degree of pulmonary fibrosis will progress in the coming years The lesions is permanent it is in all likelihood progressive but at this time it is not totally disabling as indicated above
Should any question azise following the receipt of this report please
do call upon D
Yours sincerely
EFM hj
Edgar F. Hauer K. D.
,
oe
Le
sa at oy
% tetas
a
5080
"2
807909
Loe
The pulmonary ventilation measurements at rest reveal a normal minute
ventilati^n a sormal oxygen uptake and a alight decrease in the percent of oxygen expected from the inspired air breathed The RE when calculated on th basis of the resting oxygen uptake was +0.27 of his normal predicted value Wi
step exercise the minute ventilation was within the normal range the oxygen
uptake was decreased in a moderate to marked degree and the percent of oxygen
extracted from the inspired air breathed decreased in a soderate degree time was not prolonged after one minute of step exercise
Dyspo
exercise ef ective effective 75.or Direct tension dessurements of arterial blood at rest geyaal a poo
36.6 mm Hg normal 40 and a p-- eof 80.5 m g normal 95 The
tidal air at rest based on the expired p00 and the arterial p002 was 66.15
normal
75.or moral Vith treadmill
in a steady state at 1.5 miles p
hour 77.4 with a 2
the artpe CO r wasi 35a .5 mlm lig and the arterial
PO2 77.4 mme Kg
The effective tidal sir with the treadmill
exercise was 72.8
capacity beseen
beseen the expired
and the arterial p002 normal 75 or more The carbon
monotide diffusing capacity measurement at rest was 5.58 and with step GIBT
18.31 CO uptake ce per minute por m Hg alveolar p00 Our normal
valuba
voldalya tast from 8 to 20 st rest and from 20 to 50 with step exercise The tast was obtained with direct recording of the brachial artery pulse and this test was essentially normal.a The average blood pressure as
recorded directly from the brachial artery at rest supine vas as follows
systic 132 disstolic 62 and mean 80 mm Hg
summary the pulmonary
function studies reveal the absence of emphysema
ag
significant factor in
case There is a marked reduction in the total
epocity indiecting & restrictive condition of the chest and lungs most
aristic of fibrosis The spirogram reveals no significant obstructive factor for the rapid forced exhalation A moderate degree of bronchospasm was
decorated as best indicated the increase in the maximal breathing capacit
by after
no presit
presit
no bronchodilator treatment with Isupral There is significant hypoxia both at rest and with exercise The resting hypoxia was corrected with
pozIntermittent positive pressure breathing on compressed air only indicating the
presince of poorly ventilated areas However it can be noted that the arterie
by direct tension geasurement is higher proportionately then the arterial blood oxygen saturation based on Tan Slyke measurements of oxygen content and
.
XyB papacity This would indicate the perfussion of some blood through non- .
ventilated areas a characteristic finding in fibrosis Also it can be noted
that ren on a high level of oxygen breathing
32.75 oxygen there was a
decrease with exercise The carbon dioxide is being blown off adequately
decreque in the exercise oxygen uptake in this case indicates the presence
sligi
The
of
increased pulmonary vascular resistance and the inability to increase the pulmor
ary blood flow corresponding to the decree of exercise gis This again is a
fairly common finding in restrictive conditions of the chest and lungs as best demonstrated in this case by the decrease in the total lung capacity These studies would be consistent with hypoxia resulting from the fibrosis which also increases pulmonary vascular resistance and the inability to expand the pulmonazy vascular bed in the normal manner corresponding to the cild exercise given These findings would indicate the presance of a severe degree of pulmonery function impairment
ao
. .
HIM
Z. ,
Burley Z. Z. Katley M.D.
Director
*
| .
807910
HESPIRATORY LABORATORIV.S.C. SCHOOL OF MEDICINE
and the Hospital of the Good Samaritan
1212 Shatto St. Los Angeles
Calif
_
NO5080
BSA 2.11
DATE
LUNG VOLUME MEASUREMENTS BTPS
Predicted
*
Observed
L. SPIROGRAM RECORDINGS .
VITAL CAPACITI Supine pl
wee
-
2637
Standing al 1925
aa
:
2810
OCR 14. 1961
( Normal
6.7
59.5
VITAL CAPACITY Standing TIMED
sec
.
1725
Standing
min MAXIMAL BREATHING CAPACITY
... 4725
Before Bronchodilator Standing
147.0 #After Bronchodilator.Isuprel 147.0
7
2931
78.8
78.8
112.7
57.6
62.0
53.6
76.7
Intrapulmonary 2. RESIDUAL
SUFINE MEASUREMENTS
Test of Intrapulmonary Mixing
Alv K
= 1.1 after 5 min
Residual Air aloe
1437
Residual Total Lung Capacity A Vital
TLC ml 6300
he
Residual Air % of .... 28,
Bis?
Zs2
65
12601
Predicted
1. OXYGEN CONTENT VOL ........ 19.0
20.0 Observed
18.2186.26
icted
Observed
a
18.32
2. OLIGEN SAIURATION Fanoood 966 91.9
964
a
3. CO CONTENT VOL ..... 48.5 4. P/ GLASS ELECTRODE 7.40-45 7.40-45
466
7.44
ne 48.548.5 46.0
7.40-45 7.40-45
7.47
5. HEMOGLOBIN ... _ 14.5
the 59
15.2 14.95 14.95
6. HEMATOCRIT ....... 45.0
LDeh
42.1
PULMONARY VENTILATION MEASUREMENTS :
RESPIRATIONS VENTILATION VENTILATION 3 min....sq. l 14- 2214-22 4100 2.6-3.8
18.5 3.56
3. OXIGEN UPTAKE ml min sq.m
.
EXTRACTED FROM BSA
120-115 120-15 120-115 .
4. OXYGEN% EXTRACTEDFROM
INSPIRED AIR BREATHED soo 56
445 445
127
3.5
;
20-30
8-10.5
500-600 5-6
21.0
O14.
:
_4_ 08
47 47
EXERCISE ONE MINUTE STEP UP TEST (_ 21
Duration of Dyspnea Dyspnea
42
) Steps on Stool 8 in High
sec Normal 90 sec or less
BTFS Body Temperature Barometr essure Saturated Standard Temp
tot.
wits
ag
new @@
Mame Curualty & Surety Company
|
April 8 1963
t
HISTORY CONTINUED =
-2- Rat Mc Lechard Brokenebira
his retutrona donty occupation Prior to November 1982 he wES mure of shortness of breath Promingup end dem Ladders perhape for the last five years He also noted this on sexiss Ha donu ot g douh gh His miles do not svall He has a sense of emstriction around the lower chest noted mainly in bed If he works in his garden this sense of constriction is noted Fehet
nightnight He has nevar coughed up blood He was one pilles at
He stopped smoking six or seven years ago because of distaste
Na vas not instructed to do se
PAST HISTORY
He was born in Arizons He came to Long Beach at the age of
nine and then to s^Mago where he lived util he had finished -
the ninth grade Then he wear to work at Whiting Head in the
Sash and boor Department Next ha was in pipe Lins constructim |
for Richfield for a short time and later worked as a casual
working Laborer Ta 1927 he started
with insulation for a
marine engineer He did this for two or three years md then
worked in the oil fields agaia Baginning in 1937 he began to
work steadily in the insulation field He was laid off during the var but has been at this trade steadily since 1941. He has
worked with various forms of asbestos and with styrofoam Re
garding the latter he was recently informed that there is a gan
released when this material is cut This gay he says is a
mactica product of the bubbling process which forms it
PAST = ILLNESS
F^'tient states he has always been healthy
He tells his doctor that he is tired and can't seem to breathe wall He took soms pills that made him dizzy so be stopped taking them Yesterday he started on what sounds like IPPB
therapy
MARITAL MARITAL HISTORY -
He has been
21
His wife has been ill for a
married for years living long time He has one son age 14
and well
Arm meee oe
~
2
2
'
4
at.
.
ot
.
,
}
et
yo 3
807912 807912 807912
807912
Me ewmirimmemermin 807912
Aetna Casualty & Surety Coupeny - Rat Lecard Brakesskise
April, 1963
ma,
|
FANIL HISTORY ~
His mother died omcer at ageKving wall of
60
His father died at age 85 = Fold aga
Two brothers and one sister are
and
No family history of tuberculosis hypertension or diabetes
SYSTEMS '
Central Nervous SysteNmo syncope
Eyes Vision is good He wears glasses for reading
.
Bare Tose and threer ~ Infrequent colds No history of arthme
Respiratory history asthma or pneumonia
- See above No
of
bronchitis
feels Intestinal Occasionally he
sicknes but he gives no specific
rectal system constipa- tion ,
bleeding op melanz
on the verge offsea
Ne
constipa-
Urinary No dysuris nosturia blood or stones
nourisheddoes position and he
EXAMINATION = Mr. Brokanshire is a well developed well
white man in no pain or distrass His coloirs good
not cough He is comfortable in the supine
Height 73 1/2 with shoes Weight 203 1/2 lbs with Indoor
clothing Blood pressure 150/90
.
SKULL AND SCALENIMBRANES Negative
SKIN AND
KUCOUS
Ss = The pupils
sacommodation
equal react NIMBRANESround Clear are round regular sacommodation
to light and
~ Not obstructed
THROAT Claar
THROAT No thyroid enlargement or adenopathy
THORAX 1 Symmetrical The expansion is fairly good THORAX Heart Symetrical The beart does not appear to be enlarged The
tones are of good quality regular in rete and
zhythm There are no thrills or murwuLTY
ae
807913
Aetna Canualty & Suraty Company April 6 1983
ote
: Lecuard Brokanabire
.
1
*
*
GHYSICAL EXAMINATION CONTINUED =
Lunge = The lungs era resment Breath sounds are sorawhat
.
suffled No
males heaorrd is no ABDOMEN - Hodesetely chase
Ko sasses
There wheezing tenderders
IES He clubbing He deformity or Unitation of motion
There is no edama of the lextremities lextremities
Urinalysia The urine is yalles and slightly cloudy Spacifi
Gravity 1.017 pH 7.5 Albummin negativa Sugur negativa . Hierd
scopic Rara red call occasional white call for epithelial
cells no casts
,
Blood Count 6300 Hemoglobin 14.2 grees or 91 Beurocrit ast White coat 6300 Differencial Neutrophils 544 Eosinophils 64
Lymphocytes 354 Konocytes $ Sedimentation ret^'20 m hour
These are normal values, excepting for the alevation of the
sedimentatien rete
The electrocardiogram is within normal limits
Chest ray reveals bilateral inflammation more pronounced in the bases with old pleural reaction A copy of Dr. Bonoff's
report is enclosed
:
DIAGNOSIS
Pulmonary fibrosis probably secondary to industrial
exposure to sabestos
20 COMMENT
According to the history given by Mr. Brokenshire he has had mild symptoms of shortness of breath for approximately five years prior to the acute onset of shortness of breath which occurred in November 1962. In view of the work history of handling insulating materials since 1941 it is necessary to
|
ati
8
wees
--
on
.
War ra
lea SE ED Oe De A oR
807914
wb
Casualty Astrie
Ap il8 1963
& Surety Company -5- Mar Lecard Brokenshira
.
COMMENT CONTINUED ox
considehirs pulmmary Issicuass due to occupational exposust It woulbde necessary therefore to determine what the pracise Beties of exposure to substances adversely affecting the lung had been ^ syou know certain saboef ssat beo sts os do produce chronic pulsonary lesion known as asbestosis
H. Brekenshire does not cough on raise sputum therefore it
La not possible to search for asbestos broin n hc ish bri onca hil al
^
of
a
sinqautainotnitoaftisveecosencodndaarryy carcarddiiacapcuilnmovnoalrvyemdeinstsbcioullidtybeanudsiadbeytri
performing respiratory function studies at the Pulmonary
Function Laboratory under the direction of Dr. Motley at the
Hospital of the Good Sammican
At the present time it is cartzio that there should be no
further exposure to subsemees capable of causing pulmonary
fibrosis At the present time on the basis of information
availabis the pulmonary lasions found here must be regarded
48 occupationaL
Thank you for the privilege of examining this BEN
Yours sincerely
Exulaner
egz
enel
Edgar F. Kaser M.D.
-
8
et
vm
J
:
' .
won
wn
:
pe Le LTS pe Sine ARNG
807915 807915
807915
807915
807915
woes
807915
CHEATER P. BONOPR M.
^ OB~WILD S^ NGAVADU S^ NGAVADU LOG BE CALIFO CAt LIa FOn ta^ n^
85318 Leonard Brokeashiro
Dr Edg F. Mams
Apri4l 1963
Rosatgen ezamination of the chest reveals a made atesemmi-
pateky accentuation of the markings throughout bath lung falde
sparing nomewhat
the left upper lobe region Several of the
areas of involvement show sazzi~ whatmodular change
particularly in the right upper lobe and at the left base There is diffuse
centration
of the
raticular
pattern
throughout
the
right lung
ac-
fleid
and the lower half of the left lung field Rather marked pleural
thickming is present along the lateral chest wall on the
at the left base There alse appears to be
right and
In the pleural in the
some calcification with
portion of the left lung field interally
There appears to be slight flattening of the diaphragms particularly the left The cardiac shadow is within normal Umits of size
shape The ^ ilaraad mediastinal areas show no gross absormalaintdy
IMPRESSION
I Old pleural thickening 2 Chronic inflammatory process involving
bath lung Helde The possibility that this
Vepresents one of the pasumedoniases Cansot be excluded
Thanking you for the reference of this case am
oo
sincerely a
om
CPB bs
807910
}
807910
:
'
1. .
Wilshire Lol AWIKIA GASULITY & SUREUY CC 2404 DOCTOR'S FIRST REPORT
Blvde
54
OF WORK INJURY
COMPENSATION a STATE
1150.basedately afterfirst examinatie mall one cosy Ofvision Leber States its famarch Q. Bes 965 San Francisca
Pa^fiat repou rt wr ithn the queas ll t quesi tioo ns n fuls ly
Division
is
misdansanne
Laber
Code
Sections
6407-4413
a
tal,
Name other doemes examination treated 2/25/65 for H. H.
IL ACCIDENT OR EXPOSURE Did employen nocify employer of this tajury aKeoplayes's wesc
__ af
cams of
*
injory
or
flinczer Patient
worked
for
many
years in
construction construction
construction
company
handling asbestos
NATURI EXTENT bjostive AND 12.
OF INJURY OR DISEASE dadalo l bjostive
Endings
et
cesar ensopatianel ^ ltouryand empeceAL
Chronic emphysema & Abrosis of lungs
complainan
dinanasen
met
11. ayu By whom kan i^
Mhia offios
, Fladinga
:
Chronic emphysem & fibrosis of lungs
14. TreatmentES
General bygiane IFP trakteants
of Fi. 15. Kind cass boke
O
ag
kempital
Nem and address of
1 lxxpicalbred datiemLITIE i
Inimesed may may
16. Further washisant Recensed fro
17. Ertimated period of disability for Regular work_6_mantha_ work_6_mantha_ an Modified work ana ern tty
18. Describe any permanent disability or disfigurement disfigurement
expected work_6_mantha_ an Exrient Exrient hilhill he unania unania Sell Plame
I'll work 85 SZEFLAUSIT SZEFLAUSIT
19. El death ensued give date
REMARES New any caloriag injuriteinjurite or dirunasa noval for iperial aestimating er lateracary two other pertineau information
1
a
Zz
ONLY UNDER EXCEPTIONAL
PRIOR TO SHOULD
A CIRCUMSTANCES WILL HERNIA ^ CONSIDERED DISABLING IF
INJURED EXCEPTIONAL CIRCUMSTANCES CIRCUMSTANCES WORK POSSIBLE NOTIFIED CLADSACCEPTED +
ACCEPTED Joseph Sahmanlar
THAT HIS Nama ( 727 dreta dreta
Digter n
BCGNATURE
4 if
OPERATION OPERATION
CL^A'DS fie
z
Date of reporte
BAS 3/83
Addieecs STUFSFTUFF
16704 5. Clark uve., Bellflower
__Tel No_1017-7748
FOOD LA
Use reverse side if more space required
.
obpat 190 90d TO oro
Ps
. .
.
'
Aes
Soe:
~
:
t
ee Ben Dae a a EERE
3
cat
807910
807910 807910
807910
807910 807910
A^ TRIA CASUALTY +
& SUNY C. 2404 Wilshire ^/lvd Lado Sie
DOCTOR'S FIRST REPORT
Lado
-
OF WORK THUJURY
INSURANCE STATECOMPENSATION
FUND
A150 Immoskato yefter first date mill was copy BOXISK LOS Statistics Research
Feibarea report with the Division in a miedemanas Labor Coda Sparinaa 6407-6413
Aarwer all questions fully
L. Armstrong Constmation Ca. Cal
2. Address Eph 7
Sea Franchina
i
g
3 Business ( Felt
4. EMPLOYEE
JANE Leonard 1. Address EMPLOYEE 6. Occupation
7. Das injured..m
a
Asbestos vorken House .
I8. nInjured juyorur efirdst
5/25/63 5/25/63
Host
Fukapshira E ce
VACY 959500
M De waskad 2/3/63
Comssy
uke
M Whapped Whapyepared ?. Sn ef ant .
10. Nema ocher doctors who creased employes for this injury
11. ACCIDENT OR EXPOSURE Did employce nocify employer of this injury Employee's star
of
cense
.
of
injury
or
IllneserPatient worked for
handling asbestos
many
partisn
construction
construction
construction
company
=
das ovine
INJURY OR Include fadings rabjandra 12. NATURE AND EXTENT OF If compted Gad^nspakar daar of sexans enposione
OR DISEASE and expovzna
objective
'
Chronic emphysema ^ Fibrosis of lungs
aupluses and diaprasa
1 rayn By whom cakan ms anzust i
his ofioe
Findings
Obronic emphysema & fibrosis of lungs
14. TreacmanEY
General hygiene ISFB treatments
7
of Offic 15. Kinmd as 10 Name and Addrem of kospital
If bospitalized darn
:
Regular 16. Further wasumeit kospital disbility kospital
17. Estimated period of disbility for
work
mondba
18. Describe any parmanent diFsuablillitywoorrdkisfigurement expected 1982
as amayionglamayyiongly
19. If death emngi iveedd art
Estimated
stay_
Medified work sorts
Resident will buenable to
:
naaminating
10. REMARKS New my icing injurias or dismen noni fur special
'
perzin e
informaudan
informaudan
er laboratory laboratory terti other perzinne
)
.
Z
POSSIBLE CIRCUMSTANCES CIRCUMSTANCES N. ONLY UNDER EXCEPTIONAL
WILL A HERNIA
THE INJURED SHOULD BE ADVISETDO CONTINUS WORE IF
A^ CONSIDERED UNTIL
NOTIFIED THAT ACCEPTED Laragh Echmanlar
Degree
N Degre Degree CLADE LaraghLaragh Echmanlar
ei
f PERSONAL Y
LW SIGNATURE J
seidtcner Datoaf report
3/13/63
Addreer Day
15704 5. Clark 138
DISABLINO
?
PRIORTO ISOAPCECREAPTTEIDO_N,, ae: ___Tal 7-7248
Potu LA
if
Use reverse side if more space required
. woes 1-44 1-44 1-44
oy
wee
mee
led
,
en
ww?
.
Pia we AREER, bites,
RE AR
co Pa,
807917 . "as, )
807917
807917
. 807917
INDUSTRIAL ACCIDENT COMMISSION STATE OF CALIFORNIA
LEONARD CHARLES BROKENSHIRE
LCase
|
No._63_INA_250_o245 ._No._636_IA_2503_245 _IA_250_245No._63_IA_250_245
ARMSTRONG CONTRACTING AND SUPPLE COMPANI
.
and Place of
NOTICE TO ALL PARTIES
You are hereby nocified that further hearing will be held in the entitled
'
4107 LOS ANGELES STATE OFFICE BUILDING 107 SOUTH BROADWAY
LOS ANGELES CALIFORNIA
NOVEMBER 4,1963
D ees LOS ANGELES
,
9:00 L.X. ALL DAY
ENIXSTRIAL ACCIDENT COMMISSION
;
NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED
RAHS AND ADDRESS OF PERSONS SERVIO
DATE October October 2 1963
,
Ave. Leonard C.Brokenshire 14717 Liebscher
Stearns & Gros9200 Colima B. Whittier
Norwalk
ContracSttioncgkwellSupply S.Catalina Wilshire 90005 Weingand Armstrong Armstrong
&
Co. 4340 District Blvd.
Aetna Cas Surety Co. 2404
Blvd.
90054
Callanan S.Catalina TravelersKI enndsigCo. 3600 Wi&lshire Blvd.661111LA90005 LA
IA 90058
90005
nem
Fonu 4064 V %
M. Stern H. Stern
OF ZYGNATURE DERBON SICHYTHSIECHYTHE HOTSEC
echo sone ten ' aoe getas
mh RTs
07918
BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFOR
,
I
CASE NO 63 D. A. 250-245
LEONARD CHARLES BROKENSHLAR ,
Applicant
v8
1 MINOT OF HEARING
j
j
AND ORDER JOINING
.
*
}
PARTY DEFENDANT
ARMSTRONG CONTRACTING AND SUPPLY COMFANY
AETNA
AND SURETY COMPANY
CASUALTE & corporation corporation
:
5
INSURANCE TRAVELERS
|
COMPANY
10 COMMIaSSIONte dorporation
}
mo
LOS
OFFICE
INDUSTRIAL ACCIDENT COMISION WATE ACCIDENT
PILED AUG1 1963
Defendents
. WILLIAM KAPLAN
IL
5
:
AESI UZSKATAZY
CAUSE ;
THIS
came on for hearing this 30th day of July
'
23 1963 nine 1.0 in Department 7 of the Industrial Accident Commission t
18 Los Angeles California before Honorable RICHARD BARRY Referee
X. McNeal Court Reporter
se
FRESENT
FRESENT
H Leonard Charles Brokenshire applicant Stearns & Grosa by Richard Cross attorneys for applicant
Weingand Kendig Stockwell & Callanan by E. Kendig
attomeys for Aetna Casualty and Surety Co.
ny
20
2 2 2
830
Peaw dat baat
a0 SEE
e ALTNEr SSES teers
None)
EXHIBITS
3pp
None
:
eens
SERVED 7/30/63 MMc
LA P Travelers Ins Co. 3600 Wilshire Blvd. 5
~ Stearns & Gross 9200 Colima Rd Whittier L. C. Brokenshire 14717 Liebacher Avel Norwalk - Armstrong Contracting & Supply 4340 District Blvd. LA 58 ~ Weingand Kendig Stockwell & Callanan 611 S. Catalina LA 5 ~ Aetna Casualty & Surety Co. 2404 Wilshire Blvd. LA 54
o
a 80791
I
ae
8
9 957828
99995978228
_ GOOD CAUSE APPEARING THERIBOR i
IT IS ORDERED that the application be amended to allege a
1941 ended period of continuing trauma that began in
and
on
February 8 1963
:
i
IT IS ORDERED that TRAVELERS INSURANCE COMPANY A CORPORATII
be and it hereby is joined as a party defendant sa insurance
carfler for Armstrong Contracting and Supply Company during the
period of applicant's employment with that company that began on
April 2 1961 up until the time coverage began by Aetna Casualtz
and Surety Company
ory
9 95 782 8 IT IS STIPULATED BY AEINA CASUALT ANYD SURETY COMPANY
"
1. That it was the insurance carrier for Armstrong
9 9 59782 8
9957828
Contracting and Supply Company for the period that began
Jamuary 1 1963 and continued through the last date of applicant
employment
That it alone or possibly in conjunction with Travelers
Insurance Company will make a monetary adv^nce to applicant and
will pay the medical expense incurred in the sum of 159.50 for
the bill of Dr. Schmerler
DISPOSITION Continued to be reset for one full day not before two
months from this date
959782
28
2828
remit iis
13TH mage ART
nO
Siw
ment COMMIF
1, ACT enuivenntfi gravis OF
.
na
ape ag th
INDUSTRIAL
COMMISSION \
STATE OF CALIFORNIA
807921
ZZCHARD GILARERS BROKENSHIRE
NOTICE OF HEARING
ANDISTRONG
ve.
CONTRACTING AND SUPPLI
o
Applicant \
COMPANY |
:
+
Case 250-245
.
148 ANSEL
Defendants WILLIAM KAPLAN
[
AEST SIGRATANTSIGRATANT
You hereby notified that en spyScations for compensatite copy of which streched bureco has been filed vich
4107 LOS ANGELES STATE OFFICE BUILDING 107 SOUTH BROADWAY
A
an
JULY 30 1963
9:00 AM
und that mid time and place the Industrial Accident Comunistita of the Scave of Califorais will proceed har und
dip of the ssid application in the manner prsecribed by law
chaude
maNaivtae
TThhee
ppaarrddoo
eerraa
aappeeoossaaaall
embarks
seential
posed asanteovany all Latest forasanteovany fue some
dabim
dabim
this busings
endestin^'en der
ali
kaming
7/9/63
weft 2h
by. William Eaplik
x .
mel
The undersigned certifies that es en complayer of the Industrial Acci^meComminion she searvceodpythoef fsaoirdegnooitnigcenotios atached parties
California with the partage thereon fully prepaid and to addressed .
or ruidoncs as follows wo wisz
Deve
;
7/9/63 7/9/63
Namas and Address of Persons Servad
Liebacker Ave. Norwalk Calif
Leonard Charles Brokenshire
14717
Whittier
Califo
.
Stearns &
Gross
9200
Golim^ Road Co.
4340
District Alrdo Loko
50 ,
Calif Calif
Armstrong Contracting & Bupply
Wilshire Blvd. Lode 54 Calif
.
Aetna Casualty & Surety C0 2404
611 S. Catalina D.A. 5 Calif-
Weingand Kondig Stockwell & Callanan
.
Llovi Llovi :
Llovi Llovi
MATURE OF PERDON RATING KOTICE
. TAS eae ee 'IN LE
TR
RM oe airy yes
4
STATE OF CALIFORNIA
im
nr
APPLICATION 80792 / ACCIDENT ) +
7 DUSTRIAL
COMMISSION oe 723
Lode STE
ae
1.
SO
hs
*
PLEASE PRINT OR TYPE NAMES AND ADDRESSES
CASE NO 63LA 250245
| CHARMES BROKENSTEHE SR MERPor i
14717 Lisbacher Lisbacher Avenge California Avenge
Norwalk California
al
Security =8022
_.
ARMSTRONG INSULAT CO, = 4340 District District Blvd.
_ Los Angeles 58. California
LEIKA INSURANCE COMPANY
Siearee's wetvbaskse exons .
|
2404 Wilshire Boulevard
'
7/9/07 employed 1981-8 _19_63 :
Califomis IFONAED CHARGES BEX
;, _19_63 Ag 0Gg0koyTy
:
BLUE JO MASST
Ios Angeles
Qis Qis 1981-8
1981-8
-
K A^ JERTEN
contained
arising .
WHERE
course
employamas follower
remlilag in
e os Asbestosis JUDA Asbestosis do 4928 5846 MESTE ESET JARNEHAGENS SAYGIO
Tunga_affectedthe insuranca on date injury
medical constmaqtdistinct Who form^bed Pr Kurt Hoffmann GATO 6. Wag
Dr. Joseph
WORTH OF WEEK
ST~"TO PAY whahanshah whansha whahanshah whahanshah VERSO whansha hour GATO & VEZA
B
J. Schmerlespaid by appliesnt
:
GIVE RAM^ SKP BRATOGA VOD TYLATES TILL MIKEY LEO STAYA VBS JA TUKFIALR LE
7. This spplicetim la filed to damarmine Hability fort . ...
2.
Temporary
Temporary
&
Medical reports ae Permanens cimbility * Medical th A^ d Medical cost ms
194 * -
STATE ART #TEEN#KASAIN
War was 628SLES EP MIP OTHER APPENALTIES M^ S
pWr HEoRp EFeOr RE # requested that time and place be fined for hearing and that an oward be made granting such relief as way be
C:ompensation Laws DatW ed WE EES ES California March March 8 19' 63
'
MTS
Number of witcazes
COAT
Esituattimee dof erial 1/2 day
3-19-6.3 3-19-6.3
Murph Murph Murph
Within
STEARNS AND GR^ ZE
BY 6 Cat fo ere
:
ae
APPLICANTS ANKET
9C 200oli RdmWaa lttier California
.
A FUTBAFUTLBALAAANAI NI FUTBALANI LET ALOT BE DIE 10 ~ ANAJLLAURA KENYANY FREE
VRYN EDNA SEMT ENA
BIP
STONEKTER
ULUSLIT
and in exhibits FUTBALNI FREE FREE FREE FREE EDNAT EDNAT SEMENA ~ ANA JLLAURA to 204 GTTY STONEKTER STONEKTER ULUSLIT KENYANY mila na na
THEN A nanana nnaa WadeqWuadequaa't 'Watdequa'ttepteprr6EMN6T EMteEprN6TEMENtTepr6teEpMrE6ENMTENT SHIFTANt~ Anu SONGUIN BUITESTHE CLASA sati MON PR
InOE abT oLeD aer
SHIFTANt~ SHIFTANt~ SAFITE LAWS THE APPLIESAT meee
TENDANTES thutb a"
TT
TENDANTES LA HP s^ PR tb 4 IF AYODHET AYODHET AP LIESAT AP LI,ESAT BUITES 4 cinbied, ThtDOD MEET AYLEYZO AYLEYZO AYLEYVZ E13O 45 IF AYODHET ES
KENYANY PASSIER AND ES oF wriekenas eqeectig DE MALING
VEES PTAPE Hebetteu, dscecet sescrtnesy tibtae?
beast,
SUt
be
TILL
TENDATENNDANTETS ES
JAFLIES DE
a.
PROOF OF SERVICE
STATE OF CALIFORNIA
)
| |
COUNTY OF LOS ANGELES
)
I am employed in the County of Los Angeles State of California I am over the age of 18
and not a party to the within action my business address is 222 N. Sepulveda Blvd. Suite 1900 El Segundo California 90245
On August 24 2007 I served a copy of the following on interested parties in Case No.
BC 342 363 PLAINTIFFS REQUEST FOR JUDICIAL NOTICE REGARDING CALIFORNIA INDUSTRIAL ACCIDENT COMMISION DOCUMENTS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
XX
By Mail caused each envelope with postage fully prepaid to be placed in the
United States Mail at El Segundo California to
SEE ATTACHED PROOF OF SERVICE LIST
'
XX
State I declare under penalty of perjury under the laws of the State of California that the
above is true and correct
|
am readily familiar with the firm's practice of collection and processing correspondence for mailing Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at El Segundo California in the ordinary course of business I am aware that on motion of the party served service is presumed invalid if postal
-
cancellation date or postage meter date is more than one day after the date of deposit for mailing
in this affidavit
Executed on August 24 2007 at El Segundo California
_ CANDY NELSON |
Wm Wm Henry Saller vs. Bondex International Ir Los Angeles Superior Court BC 342 363
W File No. 05-1407- 05-1407PLAINTIFF'S SERVICE LIST
Crown Cork & Seal Company Inc. CC Elementis Chemicals Inc. Harcros Chemicals Inc.
Armstrong William H.
ARMSTRONG & ASSOCIATES
One Kaiser Plaza Sulle 625
Dakland CA 94612 Tel 510-433-1830 CA Speed Dial 408
Fax 510-433-1836
General Motors Corporation Brown Jr. Eugene FILICE BROWN EASSA & MCLEOD
1999 Harrison Street 18th Floor
Oakland CA 94612-3541 Tel 510-444-3131 CA Speed Dial 71
Fax 510-839-7940
Crane Co.
Jfkes Frederick J.
KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP
10100 Santa Monica Blvd. 7th Floor
Los Angeles CA 90067 Tel 310-552-5000
Fax 310-552-5001
CA Speed Dial 118
MC Corporation
Nicol Farah
MCKENNA LONG & ALDRIDGE LLP
444 South Flower Street 3th Floor
_os Angeles CA 90071
Tel 213-688-1000
CA Speed Dial 52 .
Fax 213-243-6330
Crown Cork & Seal Company inc CC Loomis Joni Lynn MORRIS POLICH & PURDY LLP
1055 West Seventh Street 24th Floor
Los Angeles CA 90017
Tel 213-891-9100
,
CA Speed Dial 11
Fax 213-488-1178
Bondex International Inc. Dowman Products Inc. RPM International Inc.
7PM Inc. Van Dam Tina WALSWORTH FRANKLIN BEVINS & MCCALL LLP
One City Boulevard West Fifth Floor
Orange CA 92868-3677 Tel 714-634-2522
Fax 714-634-0686
CA Speed Dial 37
Page 1 of 1