Document ZJjmEE2gdoQyQV8EEOZODKRGY
December 17, 1982
Richard Baum Baum and Ruffolo One North LaSalle Street Suite 2225 Chicago, IL 60602
r edac t ed
Sherwin-Wi11iams CLAIM NUMBER: 8211 00003IL D/A: 03/23/81
Dear Rick:
Enclosed is an application and notice from Harriette Lakernick. You will note a hearing date of December 28, 1982.
Also enclosed is a copy of our file. The AWW including OT is $404.18. The TTD and PPD rate is $269.18. No TTD has been paid. The attorney alleges the AWW is $360.00. That would give us a TTD and PPD rate of $239.76.
I will await your recommendations after you have reviewed the material and list of things left to do.
I have set a reserve of $10,000.00 at this time.
If you have any questions, please contact me.
Sincerely
SB/sb Enclosure cc: File
L. Scharnhorst T. Locker
Steven Borgstrom Workers' Compensation Specialist
N40064
0007-SWP-005805484 CONFIDENTIAL
Cost Control Services - workers, self-insurance, unemployment, O.S.H.A.
TO: FROM: SUBJ
File
DATE:
12/15/82
Steven Borgstrom
- Sherwin-Williams 8211 00003IL D/A: 03/23/81
1. DATE REFERENCE RECEIVED
7>Q
November 10, 1982
S-i/S- e.
2 . SELF-INSURED
Sherwin-Wi11iams 11541 S. Champlain Chicago, IL 60628 821-3000
CONTACT - Lita Scharnhorst, Manager of Benefits and Services
3. EMPLOYEE
7804 S. Euclid Chicago, IL 60649 374-4038
REDACTED
AGE - 61, DOB - 03/26/21, SSN - .
' HEIGHT - 5'10"
WEIGHT - 175, Married, Spouse's Name - Louise, No dependents
Length of Service - 30 years Position - Process Operator Department - Chemicals
See copies of written job description and work history record.
Past History
02/43 to 01/46 10/46 to 08/47 10/47 to 05/48 03/48 to 07/48 07/48 to 06/50
Navy, Seaman, 1st Class Crane Co., mold assembly Continental Can, body mach. Ind. Casing Co., cutter Armour Aux., mach. opr.
opr.
N40064.01
Employee was a cigarette smoker. He stopped smoking in February,1981.
Unverified rumors indicate the employee smoked marijuana once in the A.M. and once in the P.M. on a daily basis.
The chemical department was created in 1940. building set-up was created in 1958.
The present
0007-SWP-005805486 CONFIDENTIAL
2 r edac t ed
Some type of chemical cartridge mask has been supplied and worn by employees since 1940. Depending on the extent of any S02 leaks that developed, portable oxygen masks were available.
OSHA has never taken any air samples. Any time there was a substantial leak the system would be shut down and the leak would be repaired.
The employees are on a five (5) day rotation, been in effect for the last 20 years.
This has
Day 1:
Sulfonation room (20 x 30 x 40)
Sulfur trioxide and acetic acid are combined. The employee would inspect the room for leaks approximately every hour. He would also be required to start up or shut down the system. The rest of the time he would monitor controls in an enclosed control room located in an adjoining building.
Days 2 and 3 :
The sulfonation room is explosion proof. There has been a flexible tube venting system in effect for the last lh years. Prior to that there were exhaust fans and louver vents located on the side wall at the top of the room. S02 exposure. Fusion pot (80 x 20 x 20)
Charge material to reactor and then empty material. No SO, exposure.
Day 4:
Springing and Sodation of tanks
;40 x 40 x 20) outdoor maze
Devert material from one tank to another. S02 exposure if leaks developed.
Day 5: Distillation (10 x 10 x 10) control room
No S02 exposure.
AWW - $404.18 TTD - $269.18 PPD - $269.18
(including overtime)
Payroll History *The application notes
AWW - $369.00. TTD and PPD rate would be $239.76.
Litigated - Attorney:
Harriette Lakernick One North LaSalle, Suite
Chicago, 1L 60602 726-5696
2065
0007-SWP-005805487 CONFIDENTIAL
Page 3
REDACTED
4. THE OCCURRENCE
The application alleges chronic obstructive pulmonary disease contracted by working with sulphur dioxide fumes.
S02 is purchased and used in a reaction process to manufacture para-toluene sulfonic acid.
Last day employee worked April 18, 1981. December 31, 1981.
Pension effective
Date of death - April 23, 1982. Immediate cause arteriosclerotic cardiovascular disease. No autopsy was performed. See copy of death certificate
5. MEDICAL
July, 1948, quit job at Ind. Casing Co. because of doctor's orders. Diagnosis - unknown at this time.
February, 1975 through April, 1981
Veterans Admin. Research Hospital
333 E. Huron Street
Chicago, IL 60611
943-6600
Diagnosis listed:
1. Palpitations
.2 Ventricular tachycardia, responsive
3. Hyperthyroid indices resolved
4. Pyruria and hematuria
5. L-131 ablation of hyperthyroid state
.6 1-131 ablation of thyroid gland
7. Decreased hemoglobin, decreased
hematocrit, guaiac positive stools
8. Pneumonitis
9. Possible chemical pneumonitis
.10 Upper respiratory infection .11 Acute bronchitis .12 Graves disease
See copies of reports
March 9, 1981
Northwestern University The Medical School Ward Memorial Building Dr. C.R. Zeiss 303 E. Chicago Ave. Chicago, IL 60611 649-8171
0007-SWP-005805488 CONFIDENTIAL
Page 4
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Diagnosis: Severe chronic obstructive lung disease only partially reversible with medication.
See reports dated April 16, 1981 and October 19, 1981.
April 23, 1982
DOA Jackson Park Hospital 7531 S. Stony Island Chicago, IL 60649 947-7500
6. LEFT TO DO
1. Determine wife's age and date of birth.
2. Attempt to determine why the doctor advised the employee to quit his job in July, 1948.
3. Determine and obtain any reports regarding air samples taken by Corporate.
4. Subpoena VA's records.
5. Subpoena Northwestern's records.
6. Subpoena Jackson Park Hospital's records.
7. Consult Dr. VanOrdstrand.
8. If necessary arrange for Dr. VanOrdstrand to view job duties and the employee's x-rays.
9. Obtain pension payment amount.
10. Obtain past medical leave payment records.
11. Obtain group insurance file from Provident (may not be one as he was treated at VA).
12. Determine if our client had any life insurance purchased for the employee.
13. Await Rick's recommendation.
14. Determine compensibi1ity.
File Active cc: L. Scharnhorst, T. Locker, R. Baum, Dr VanOrdstrand
0007-SWP-005805489 CONFIDENTIAL