Document ZnY2OLLoY1GNp0R60yNjdvZ1J

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1966 DOC#: WCC052 DOCUMENT DESCRIPTION: Workers Comp File - Peutz, Henry File Name Contract Unit Claim File: Henry Peutz Jul.22/66; Amended Jan. 9/68 Scanned ? yes Source JMA: NS-JM Start Year 1966 Stop Year 1968 Contents claim Notes ( RECEIVED ANTIOCH COM M UNITY HOSPITAL Antioch, Calif. DEPARTMENT OF RADIOLOGY M A k S H A lt T U C K tt. M.O. todiolocjiii RADIOGRAPHIC REPORT DEC 5 1238 FILED Clviitsn af Indutf.-iol A::litnU OAKLAND OfA!C6 EXAMINATIONd - L . S P I . d , CHSST INPATIENT-Qirx:: OUTPATIENT Q DOCTOR D o w ell NAME: rUTlV/.: Henry DATE,2-2 7- Sk INDUSTRIAL X-RAY NO.: 3o. 6 5 ACE, Tin? v e r t e b r n l b o d ie s of the c e r v ic a l, cpi.no a u r n o m a i in o u t.lin p Aful d e n :,i:.y and w ith o u t cv i.d c nee o f f r a c t u r e , bone d e s t r u c t io n or p.iV ave ree lira 1 . The n li;:n v o n t rec.-.s n o m in i. Soi.c n a r ra tin e of ' in to r v .'r f t ib i'.il s p a c in g r-viv:;; p resen t: throughout hut p a r t i v i a r i y . at !> and l . T h 'r e i s co-.e a n t e r i o r and. l a t e r a l or. tea pitytc a::.:nti'ou, The p c i d e i : 5ccr.i n o ra n L . So-...1, p o s t e r io r o steo p h yte f o ir a t io n io prr ..rut on the l e f t a t S and 6 and or. th e r i^ h t a t the a.-_'.o 1. v o i;;, Tii.' r c l n t Lo n shlp of C l and 2 L h r o ir h l . . - o rs :.;outh c c u . n j r u a l . Tl m npof.h; t if a i jo in t.*; are not iv n-.ur/.abl-. yoac d e g e n e r a t iv i ehr.n/en a re p re s e n t about Liu: c o v e rte b i v i j o i n t s . T r a n s v e r s e n c o c c re e ::, i-c no u a l . To c e r v i c a l r i b i s p r e s e n t . 1 Hi : De s o n e r a t i ve a r t e o a r l h r i t i c changes w ith in t e r v e r t e b r a l d isc t h iu n in r . The ck.-r ;.L i r. cy:::--ffric-tl, the. di. :rhr i s narro.al, the an g le s are cl c or. The i v o r t anti a o r t a , the h i ) 'o::, t h : i. eJ i a s t liium and tk". Lr.ich.-a iUV r o t r< n ark a b l e . b at h Iute; H e l d c show a f i n e , d i f fuse- ih o rv .v .r in the i r r. , pa rt iev: 1r.rly i n t he I t ,\' r h a lt w it h co -all n o d u la r den* s i t i c s . The bony s tru e tu re r. arc not t etncrkablo. ir.i 'f'd.'O J'i : Dll r.t e r n i dir.err.a . Since t h i s p '. t i e n t works with wbogtoc, 1 cup p:.'' t h a t t h i s ir. the ivort 1 i.l.vly d i c r . n o e i s . Respectful ly subsi.tted, r . u v h d l I..T u c k e r , M.D. it. li.nl .,'1: t ( r ( received DEO 5 1333 F 1L r D *U!to of 'n u ,.,.- , ,, .j Jc#|s OfKlANH OFf'Cf . HISTORY February 27, 196^ PATIENT: HENRY PUEYZ PHYSICIAN: R. J. DOWELL, M.D. ' CHIEF COMPLAINT: Auto acciddnt. PRESENT ILLNESS: P a tie n t f a i l e d to make a curve in h io autom obile w h ile d r iv in g and r o lle d h io v e h ic le . He was not wearing a s e a t b e l t , was n ot thrown from the car but does n o t know e x a c tly what or where he struck in the machine. His c h ie f com plaints are coren cos in the neck and d i f f i c u l t y b r e a th in g . He was examined in the emergency roora, x -r a y s were ordered and adm ission arranged fo llo w in g th e se p roced u res. He had not been unconscious. PAST HISTORY; P a tie n t has c ig n if le a n t c i l i c o s i s and emphysema and ie under treatm ent f o r th e s e by a c h e st s p e c i a l i s t in Oakland. He has had h y p er te n sio n and i s under trea tm en t. He r e c e n tly saw a p h y sic ia n in C oalingn f o r c h e st c o n g e stio n fo r which he was on t r i - su lfa r a in ic . PHYSICAL EXAM: This i s an a l e r t , w e ll d evelop ed , w e ll n ou rish ed , w h ite male in moderate d i s t r e s s . He holds h is neck firm ly to th e gu ern ey. No sm e ll o f a lc o h o l i s d e te c te d . He s t a t e s h is fa c e i s ruddy and red ac u c u a l. HEAD: EYES: CARS: THROATt kNF.CK: CHEST: LUNGS: HART: ABDOMEN: GENITALIA: RECTAL: r.r.URO: IMPRESSION No bony a b n o r m a litie s. P u p ils are round, regu lar, email but react to lig h t. Canals and drums are n e g a tiv e . T his i s in je c te d d i f f u s e l y . There i s no exudate. He i6 ed en tu lou s. Tongue i s n e g a tiv e . Motion in any d ir e c t io n induces pain and i s not attem pted beyond perhaps 53 . No s ig n if ic a n t adenopathy. Thyroid is not palpable. Equal but minimal expansion b ila te r a lly . B reath sounds are somewhat d is t a n t , the bases b i l a t e r a l l y d is p la y o c c a s io n a l medium r a le s . The percu ssion note i s l e s s resonan t than u s u a lly found. His AP diam eter appears be to s l i g h t l y in c r e a se d . Sounds are f a i r to good q u a lit y . No murmur i s h e a r d .* No cnlnrgment i s dctccetcd.rrxthfir No oi'ganc or masses p a lp a b le . There is no lo c a liz e d tenderness. Normal adu lt male. Not done. O'l'R p resen t and e q u a l. He i s a b le to move a l l fou r e x t r e m itie s and rep o rts no p a r e sth e sia s of the upper e x t remit i e s . No p a th o lo g ic a l r e f le x e s arc e l i c i t e d , Bab in - s k i or Hoffman. Probable s o ft tissu e injury to the neck, not whiplash ty p e . L'i l l ru le out fr a c tu r e . . . Chronic b r o n c h itic , emphysema, s i l i c o s i s w ith m tc r c u r - * ..... i -.v*. ; -N PAANCUCO O r n e 4 4 * Maakct S t h iit San Faanciico B41U S an J o n Of f ic i 71 Th i Alamioa S an J o n . Calia. 9 1 1 LAW OFFICI* OF Hanna & B rorhy 1S40 San Paslo Av in u i OAKLAND. CALIFORNIA 41 1 2 PHONIi S 3 2 -B 5 S 9 November 29, 1968 g g C g j y g g , P aia no O ff ic i BOO O i l W i l l C i n t i * P a iin o . C alif 83721 Sacaaminto O ffic i A 1' 2 J STAirr SACKAHINTO-Ca. S 9 S 1 4 Lo An h u i Of f i c i 2 0 8 S outh S aoaowat L o s A M I L U . C a. 0 0 12--; Qe: 21268 D r. Jo sep h D* Goate -`-fsiar- 2976 Suraait S t r e e t O akland, C a. 9U609 So: Henry C. P u str vs* Philip Casey Mfg. Co., e t al Caso no. 66 OASI 2066B * r 'A / ( (\ A L E X A N D E R S. K E E N A N A T T O R N E Y AT LAW S U I T E TOO 220 BUSH S T R E E T SAN FRAN CISCO . C A L IF O R N IA 9*104 Y U K O N 6*1589 RECEIVED December 4, 1968 Workmen's Compensation Appeals Board 1111 Jackson Street Oakland, California Attention: Referee Hickman Re: Henry C. Puetz vs. Philip Carey Mfg. Co., et al, General Accident Fire and Life Assurance Corp., Ltd., et al WCAB No. 66 OAK 20668 Dear Referee Hickman: This letter is filed pursuant to my request to note to you, in letter form, those parts of Dr. Crantz's records that I wish admitted into evidence. The purpose of this letter is, therefore, to call your attention to those records which show that the applicant suffered from cervical and lumbar problems which may account for part of his disability today; and to show the early discovery of Mr. Puetz's lung condition. Therefore, please find attached to this letter copies of certain documents contained in Dr. Crantz's records. Very truly yours ASK:bh Attachments Alexander S. Keenan cc: State Compensation Ins. Fund Sedgwick, Detert, Moran & Arnold Brobeck, Phleger & Harrison Norman Hays Hanna and Brophy John Wilkes Smith, Parrish, Paduck & Clancy Industrial Indemnity Company ( c RECEIVEC DEO 5 1358 FILED ^ t..Li Cerei c.T.r '-.e-'j rz'-J rc*.i:rccj c i ca rtaecca tS'vH:n of i*t.tr>a4 at:13nt L-.-Jru t i l l 1 ! ::~o uCt t a t : i l c a c i l i i i l s . cmkumo Office W-:. tc.'A /" .%>f rca ccn.rr^ri, iviej-sa tM j Cot i%r*t S T A ^ D A ^ D INSr2Ar<32 C C ^ P A ^ V tr~n (IVs^-fcccscd fr.ro ) ____________ * Crer? C ir a VO :........ C ^ 2 Co PU2Z ... E^flsTJ t ; !TC:J..\?:Z3 6 (t ) 1} r `iy .'ccJ.'r-J, f!fti um-e C c llc r .iij: Iccclif/thil}" , (tecke) t::aei:3 o tJ ......... .... .. Ca i o j-i;t la (cluni tu vo ti co et(bout . . .......... ta <2) If ca i.'itici, pfit trivet tic f u h i'ir j: t / . ii cf iribiJiiy c/ti. Una fee > ** Ves ........................................ i" l ......... -- -- ............................ CUC.U'UL'iJJcc.-j:ri? h ^ jv.,ti'.'a r.icV1! ' ---- ----- --- r_-i * a tek ih k c v :? :c :OE t\? z LXo;: m ; r z v A 7 c i oe z z z r r (F er v ili 1. ru ^ tr.: .; PUETZ ............................................ ............ 2. t: rica c tii-a c: h-.-,7 (D::c:i:-;'-.-'.l:- tfr ;} on\. i!,. C.r.O'.S*JO.b.;5r...a.?ti)Aa...ycK,, . triti p rodu ction o sp u tr.i, hoct-r.-Ao^ c n ^ iy r c ii...................... _ HfWtolHH>..HKl -- M 'i)U ,.c<f..:iw::eu 12*2 *c:7 ...... ...............................,1?...... 0) P-':c-V- .t t.km l:-CJ-.-.rr.i 5*20*C?.. ............................. .19(c) Pe ;_..j7 cf t.ccivi.a ^2A , , 4 , ,,11*07 end . 1 / 2 , .J A . 4 A-liicJ I.2*2 *67....... ............ ..... *r: ... k...* ....... .---,,. - /, .." iM f o '. f -, 1?>*2" 07 f r1 ---*\ jP * * 0 3 ... <0 o O . J --------> < . _ * -- 3 C l . . u . _ r w . / C > -- . - . . J t e -----------7 1 1 v . . , . J , ! , . . ) > * o v ' %1* '>, t S. 1 i v / .* 1 t f. t` ,_' !: !, vt.m, ot r^rosi/aiiti; vhm ('..ci'3 f.U::r. t : c '!j (5 r.leco U v i i ? . .0* s.'.Q.v.------------ ------ - ---1? -- C r.:. ....... ..................................................................................................................... ......................................................................... ....... f rO.. . V . V . * > r--v--- ^ pi'.i . C rem e, i.>. :-.127 .12 XCtfi.ESo...........'Antic:'.!, c a . n r c D C-.ira LEON LEWIS, M.D. SHELDON MARGEN, M.D. 2 4 3 9 WEBSTER STREET BERKELEY. CALIFORNIA # 4 7 0 5 PHONC 8 4 .2 7 2 7 October 24, 1968 INTERNAL MEDICINE Smith, Parrish, Paduck and Clancy 405 Fourteenth Street * Oakland, California 94612 Attention; Mr, David R. Nelson j* Re; PUETZ, Mr. Henry _____ Employer: Western Building Materials Company Gentlemen: Enclosed find a copy of the second set of pulmonary function studies done on Mr. Puetz at the Cardiovascular Research Institute, San Francisco Medical Center, on September 24, 1968. The lung volume studies are at slight variance with those reported on August 9 1968, and somewhat more favorable, since the ratio of residual volume to total lung capacity is only 45 rather than 56, as previously found. The second sec of studies was particularly concerned with pulmonary diffusing capacity and, as noted, there is moderate reduction of this function. The findings are characteristic of asbasrosis with moderate restrictive lung disease. In general, the laboratory data confirm the diagnosis submitted on Page 9 of our report of July 9. 1968. Sincerely yours, LL: i k UNIT g CARDIOVASCULAR RESEARCH INSTITUTE - PHYSIOLOGICAL SERVICES LABORATORY UNIVERSITY OF CALIFORNIA, SAN FRANCISCO MEDICAL CENTER ROOM ISSI, MOFFITT HOSPITAL - PHONE: to* 1707 PULMONARY FUNCTION REPORT O PPIVI,____________ DATE: 9/24/68_________________ SERIAL1192 maup. PUETZr Henry studied BV: Pr Read__________ __ bepempclav. LEWIS age 6 ! h i- 4 7 5 w r 7 3 .9 SA. REFERRAL DIAGNOSIS: PULM. FUNCT. DIAGNOSIS: LUNG VOLUMES Predieted P r e After 0.5% % Pre Observed dicted ItoprolarMol dicted DISTRIBUTE1 OF VINT11AT1CIN Pr dieted * vital Capacity i n s D i r e d W 4 .o 2 .5 62 INSPIRATORY CAPACITY |l/ EXPIOATORV BSCRVE VOLUME (l) RESIOUAL v o lu m e (LI 2 .4 2.1 87 TOTAL LUNG CAP (TLC) (l) 6 .4 4 .6 71 RESIDUAI VOL ; u c (RI < 33 45 PUNCt RESID CAP iFRCI 1 N j WASHOUT IL) ALV. G AS UNIFORMITY It N j 750-1254 ml) ' < IS N j ELIMINATION RATE |S N j oto* T brM thlngO ,) mi < 2.5 DISTRIBUTION OF GAS TO BLOOD Pre. dieted i WASTED VENTILATION IpHytioloelcal dead ipoc.) WASTED VENT./TI0AI VO L (l) !t) < 40 2 Th OR CiC g a s VOI * (l) (pU'byimogropH) EFFECTIVE MIN. VENT. (L/mtni (olv. vonl calc, (tom ent.y MECHANICS OF BREATHING cO CiD EJtPiR YOL .F v,t (l) ART.-'ALV." C O , DIFF. VENTILATION RESPIRATORY RATE (bfGoths/mln) (mmH,) Balere Ted < 4 Air * EAPIR IN 1 SEC 1*1 > ;9 MAX EXPIR PLOW RATE 00-500** (l/mln) m a x . iNSPift f l o w rate 300-500**' (C/mm) AIRWAY RESISIANCE lem H j 0/L/*c) TIDAL VOLUME (l) MINUTE VOLUME (L/mln) EXPIREO P C O , (mmMg) " ALV." P C O j (mn*Hg| Predicted ART P C O ] (mmHgl (by got rb<olb ) DIFFUSION 3BJ Pre 1 dicted + I I LUNG COMPLIANCE , IL/cm H j 0 ) 21.2 PULM. DIFFUSING CAP. (Oco) (ml/mta/mmHgi 15 COMPUANCE/PRED FRC IL/cm H j O) TRa n SPULM PRESSURE Um H^Ol AT FRC AT 1LC 0 040.07 47 > 20 PULM. CAPILLARY BLOOD VOL. (L| MEMBRANE DIFFUSING CAPACITY (L/mi/mmHfl| . WHEN IMIS VALUE IS REPORTED. I! IS USED TO CALCULATE TOTAL LUNG CAPACITY AND RESIDUAL VOLUME. . . v a l j ES Afic LOWER IN CHILDREN AND Th e EID ERIt . * . ON EASIS O ' ACTUAL l u n g v o l u m e COWMEN'S Deo uncorr- ted for hemoglobin. * Deo 7 l$ of p r e d i c t e d . Pul*1otv-ry J ! f f u.; i tv; capnciry wjs moocraTtly reduced. This f i n d i n g is c o n s i s t e n t with :).;i r c s i c , ?i rr c U ''h a nor< - /.rked r ed uc ti o n ncrunonly is seen in p a t i e n t ' s with t h i s i -.ore t . LEON'LEWIS, M.D. . SHELDON MARGEN, M.D. 2 4 9 8 WEBSTER STREET BERKELEY. CALIFORNIA 0 4 7 0 8 Rhone 8 4 0 -2 7 2 7 Smith, Parrish, Paduck and Clancy Financial Center Building 405 Fourteenth Street Oakland, CA 34612 Attention: Mr. David R. Nelson Re : PUSTZ, Mr. Henry FOR PROFESSIONAL SERVICES June 21, 1968: Diagnostic evaluation, opinion and report $150.00 Vital capacity studies 10.00 $160.00 Review of outside radiographs of the chest 30.00 $ 190.00 (Note: Referred for other laboratory and radiographic studies; see attached bill.) I ' 2435 W EBSTER STREET LABORATORY S U IT BERKELEY. CALIFORNIA 0 4 7 0 9 849-1891 Smith, Parrish, Paduck and Clancy 405 14th Street Oakland, CA 946)2 Attention: Mr. David R. Nelson Re: PUETZ, Mr. Henry For Professional Services: June 21, I 968: Previous B a l a n c e .................................................................. $. Complete blood count . 8628 Complete urinalysis . . . . 8936 I Sedimentation rate . 8718 JuM . -3.5Q. Hematocrit ................................. 8681 S e r o l o g y .......................................... 8675 chemistry group ~ extended 8555 "2750 2.5 ..q a (Sugar, Cholesterol, Uric Acid, Urea nitrogen and Transaminase.) + 10 other tests Protein-bound Iodine . . . 8710 White count and differential . 8624 & 26 Partial urinalysis . . . . 8956 H e m o g l o b i n ................................. Electrocardiogram . . 8622 9101 IL M Master's Exercise Electrocardiogram 9104 X-Rays: PA and Lateral Chest films 7101 15.00 PA Chest (only) . . 7100 iJWWr-." superimposed inspiratory-expiratiry 10.00 Laboratory tests (other): RECEIVED J V L . " O Total $ 80.50 p l e a s e MAKE c h e c k s p a y a b l e t o 2 4 3 5 W E B S T E R S T R E E T L A B O R A T O R Y H. C o rw in H in sh a w . M. D. H o r t o n C . H in s h a w . J r .. M . D. 4 9 0 SUTTER STREET a n F a a n c is c o . c a u f o f n ia 0 1 4 0 0 vukon a-7ie* October 8, 1968 From: Horton C. Hinshaw* J r ., M.D. To: State Compensation Insurance Fund 55 Santa Clara Oakland, California Subject: A15450 Henry C. Puetz REPORT OF MEDICAL EXAMINATION Present Illness: Patient's principal complaint is shortness of breath. He states he first noticed shortness of breath in 1961 and has had gradually increasingly severe shortness of breath on exertion since that tim e. The shortness of breath became severe enough so he was unable to perform his regular work in November of 1967. He was off work from that time until five weeks ago. This last five weeks he has been working off and on doing easy work. He still feels he is not able to do his regular work which requires climbing which he is not able to do because of shortness of breath. The patient has also had a cough which began after the shortness of breath began but he does not recall exactly when the cough began. The cough has also gradually continued to get w orse. He states he was hospital ized four or five tim es in the last year because of his shortness of breath. At the present time he is short of breath on climbing six steps of stairs. He is able to walk 400 to 500 feet on level ground. He is not able to run at all and if he has to climb a hill he becomes out of breath very promptly. His cough now bothers him mostly at night. At night he chokes up and produces considerable amounts of thick white sputum. Sometimes he has to sit up for an hour or two at night in order to clear out his lungs before he can go back to sleep. He has some cough during the day but it is not severe. He normally has about two colds per year. If he does get a cold his shortness of breath is w orse. He feels he may have devel oped a respiratory infection during the last day or so , he has had symptoms of in creased cough, sore throat and upset stomach. He has had pain in his chest and * in the past when he has had bad spells of shortness of breath requiring hospitaliza tion, otherwise he does not have chest pain. Lately he has developed frequent headaches. He states that he feels a little dizzy all the tim e. Last week he was evaluated at the University of California Hospital here in San Francisco with com plete pulmonary function studies arranged by Dr. Leon Lewis. RECEIVED OCT 2 3 1968 OAKLAND LEGAL' Page 2: From: To: Subject: October 8, 1968 Horton C. Hinshaw, J r ., M.D. State Compensation Insurance Fund Henry C. Puetz System Review of Present Symptoms: General Complaints - He has no chills or fever. His muscular strength is satisfactory. He has gained ten pounds in the last three years. Cardio-respiratory Symptoms - See present illn ess. He has not coughed up any blood. He notices wheezing especially at night, sometimes this w ill wake him up. He has no anginal pains, palpitations or edema. Gastro-intestinal Symptoms - His appetite has diminished. He has no abdominal pain or indigestion. Bowels are regular. Genito-urinary Symptoms - No urinary frequency or nocturia. No paii* or burning. Eyes, Ears, Nose, Throat - He wears g la sses. His hearing has been diminished for a long tim e. Neuromuscular - No back pain, arthritis or rheumatism. Personal History: The patient used to smoke several cigars a day and an occasional cigarette until he quit entirely about 1961. He has never been a regular cigarette smoker and has never smoked heavily. He uses alcohol only occasionally. He has been married for nineteen years to his second wife. Family History: His mother is age 86 living and well. His father died at age 49 of pneumonia. He has seven brothers and three sisters living and well. He knows of no lung disease in the family and no other significant fam ilial disease tendencies. Past Medical History: His general health has always been good. He had a goiter operation about 1932 and a hernia operation in 1957. He has never had pneumonia, pleurisy, jaundice, liver disease, rheumatic fever, malaria, known allergies, hay fever, asthma or known heart disease. He states he has had high blood pressure for about six to seven years. He has been told it is not severe. He takes medication for th is. Medications: He takes high blood pressure medicine, one tablet a day. Otherwise, he takes no regular medication. Occupational History: The patient has worked as an asbestos worker for forty years beginning in 1928. During this time he worked steadily at this trade. This involved working with all * types of insulating materials including asbestos. During the early years of his employment asbestos was used almost exclusively. He states that fiberglass and mineral wool began being used in 1941 and has been used in increasing amounts since that tim e, but lie has continued to use some asbestos all along. He has done all types of insulating work and used all types of materials during the time he has worked. He would usually bo required to cut the material that he is using and at tim es would be Page 3: From: To: Subject: October 8, 1968 Horton C. Hinshaw, J r ., M.D. State Compensation Insurance Fund Henry C. Puetz Occupational History con't: exposed to quite dusty conditions. The work he is doing at the present time involves applying styrofoam insulation to pipes. He is not using asbestos in * his current employment. Physical Examination: General Appearance - Well developed well nourished white male in no acute distress. Blood Pressure - 160/95. * Pulse - 80 and regular. Height - 69 inches. Weight - 162 pounds. Eyes, Ears, Nose, Throat - No significant abnormalities found. Lymph Nodes - No enlarged lymph nodes are felt. Neck - The neck veins are not distended. The thyroid is not palpable. Chest - The shape of the chest is normal. The lungs are clear to auscultation to percussion. The breath sounds are normal in intensity and quality. No rales or wheezes are heard. Heart - Not enlarged. Rhythm is regular. No murmurs are heard. Abdomen - No abdominal m asses, organs or tenderness. Extremities - Peripheral vessels are good. There is no edema. There is moderate clubbing of the fingers. Electrocardiogram: Auricular Rate 75, Ventricular Rate 75, Rhythm sinus, T Waves normal, P-R Interval 0.15, Q-R-S Interval 0.07, S-T Segment isoelectric, Position semi vertical, Electrical Axis normal, remarks - normal record. X-ray Examination of the Chest: Stereoscopic PA, expiration PA and lateral views were obtained. There is a generalized fine infiltrate throughout both lung fields consistent with an interstitial fibrosis. The diaphragms are sharply demarkated but the heart border is rather vague and fuzzy. Expiration view shows good diaphragm motion. Previous x-rays are also reviewed. Film taken in 1957 shows evidence of beginnings of the present disease process largely confined to the lower lobes at this tim e. The film taken in 1961 shows some advance in the interstitial fibrosis still largely confined to the lower lobes. The film taken in 1966 shows further advance and now there is some involvement in the upper lobes. The present film s when com pared with 1966 shows further increase in interstitial fibrosis. CONCLUSION: Generalized interstitial fibrosis which has gradually increased over the last ten years. The appearance is consistent with asbestosis. Page 4: From: To: Subject: October 8, 1968 Horton C. Hinshaw, J r ., M.D. State Compensation Insurance Fund Henry C. Puetz Pulmonary Function Studies: Predicted Observed Maximal expiratory flow rate 300 165 Vital capacity in one second 2.95 2.00 Three seconds 2.57 Total 3.92 2.80 %Vital capacity in one second 75% 71% INTERPRETATION: This study shows evidence of moderate restrictive abnormality. There is no significant degree of obstructive airway disease. Discussion: This patient does have a generalized interstitial fibrosis. His whole picture is entirely consistent with asbestosis and considering the patient's occupational exposure it is ^ my opinion that this patient does have asbestosis and that this is the cause of his present symptoms of rather severe shortness of breath on exertion. The pulmonary function studies which I did here do not accurately measure the degree of functional abnormality in a disease process of this sort. The patient has had complete studies done at the University of California and I would like to review their findings if copies of this study can be obtained. From the patient's symptoms, however, his disease is severe and causes severe limitation of physical activity. He is not able to do any work which would require very much in the way of physical effort and could not do any work which required climbing or sustained physical exertion. This patient's asbestosis was gradually acquired over the many years that he has been working with asbestos and exposed to asbestos dust. Exposure to insulating materials not containing asbestos have not had any effect on his pulmonary problem. There is no specific treatment for his condition although he may well require medical attention and treatment for some symptomatic relief of the associated cough and expectoration and would also probably require treatment of an intensive sort for respiratory tract infections. He should avoid any further exposure to asbestos dust in the future. Very truly yours, HCH/sw Horton C. Hinshaw, J r . , M .D. LEON LEWIS, M.D. SHELDON MARGIN, M.D. 2 4 3 9 WEBSTER STREET BERKELEY CALIFORNIA 4 7 0 3 Phone 948-2727 August 20, 1968 INTERNAL MEOICINE 4 RECEIVED Plug 2 1 1368 Smith, Parrish, Paduck and Clancy A*05 Fourteenth Street Oakland, California 9^6)2 Attention: Mr. David R. Nelson Re: PUETZ, Mr. Henry _____Employer: Western Building Materials Company Gentlemen: Enclosed please find copies of the pulmonary function report of studies performed '> on Mr. Puetz on August 9, 1968, at the Cardiovascular Research Institute of the University of California Medical Center, San Francisco. The comments on Continuation Sheet 3 serve adequately to complete the report previously submitted by our office. Even though the pulmonary diffusing capacity test was unsatisfactory and will probably be repeated by the Institute, findings reported are sufficient to confirm the existence of restrictive iung disease characteristic of pulmonary asbestos is. 1 Sincerely yours, Leon Lewis, M. D. LL: ik UM .- ^ name AG r 1 ht y0 wt75 SA 1.5 CARDIOVASCULAR RESEARCH INSTITUTE - PHYSIOLOGICAL SERVICES LABORATORY UNIVERSITY OF CALIFORNIA. SAN FRANCISCO MEOKAl CENTER ROOM 1331. MOFFITT HOSPITAL PHONE) *64-1707 PULMONARY FUNCTION REPORT DATE: 8/*/68.......... serials 6192 Henry VR. COOE * Cm kg. M? FLOOR:_ED___ STLJD IED BY: x8#5#88 HOLST HAMILTON, LTCKLR REFERRAL DIAGNOSIS: Asbestos i S REFERRED by- Lewis p u l m . FUNCT. DIAGNOSIS:Restrictive lung d ise ase__ co n ssterli with asbestos is LUNG VOLUMES Predieted Obt*rv*d XPre- After 0.5X X Pre dieted Itoproterenol dicted DISTRIBUTION OF VENTILATION 0 k* It r ,'TAt C a pa c ity iNSPiRATOPv Ca pa c it y EXPiQAlOPv RESERVE VOLUME RESIDUAL VOLUME to tal l u n g Ca p 'TIC| RESIDUAL VO l/TIC - J N C :. RESID CAP (FRC) 1 Nj WASHOUT 2 TmObaCiC GAS VOL * 0 #*rvymoQ<Oph) MECHANICS OF BREATHING HI L . 0 9 (LI 2 .7 2 (LI 1-76 . (L) 2.5.6 (LI 6 .L S iti < 33 (LI 3 . - III "V. '< v'Ol ^CV , - t EXP' IN 1 SEC ILI 1 > 79 AA. FYPlB FlOW &It (L/mtn) 400-500 * " INsPlR PLOW RAT |L/mirt) AiMAAY V t ililA N C t (cm 0/L/0 LUNG COMPLIANCE ll/lm Hj 0) 300-500*"'' ,\ " \.J 2.k IA 6 .9 2 7 .0 5.U 66 ... . .77 7 i- 1 .V-3 IJO i.: "?9 67 127 6f 101________________ ALV. GAS UNIFORMITY - - (t) Tj R N , 750-1250 ml) Nj EUMINAIIONRATE tNj oh* T breathing 0 ,1 , < 2 .5 1.2 DISTRIBUTION OF GAS TO BLOOD Pro- c dieted ter wasted ventilation at (phyttoloQicol dood pco) WASTE0 VENT./TIOAL VOL < 40 EFFECTIVE MIN. VENT, (l/mln) lai an, calc. Irom w aited ani.) ARTALV." CO3 OIFF. (mmHg) VENTILATION Before Teit < 4 Air RESPIRATORY RATE {brvortit/mt*} TIOAl VOLUME m in ute v o lu m e EXPIRED PCO] ImmHg) "AIV." PCO} (mmHg) ART PCO} (mmMg) (by got roDPtam.) DIFFUSION 22 (U -`'LL30 (L/mmi 9k P-adicM 38-4.1 Pre dicted F PUl/A. DOUSING CAP (Deo) * (ml/mm/mmHg) 5-2 2 O 0 r COMPUANCE/PRED frc IL/cm Hj 01 TRa N5?ULm PRESSURE (tm HjOl AT FRC AT TIC 0 04-0 07 4 7 > 20 PULM. CAPILLARY BLOOD VOL. (l) MEMBRANE DIFFUSING CAPACITY (1/min/mmMg) . MEN this VALUE IS DEPORTED. I! IS USED TO CALCULATE TOlAL LUNG CAPACITY AND RESIDUAL VOLUME. . . v a l u e s a r e LOWER IN CHILDREN AND THE ELDERLY + ON JASIS OF ACTUAL LUNG VOLUME CO/^V.IN'S ^ Teol . f pu l".cr. :r> j i f fusi -\ i ; > un 35 : sf 3utory f o r -iernnical r e a s o n s . ~C ) K ^Jy. AOf HI W ' S A CARDIOVASCULAR RESEARCH INSTITUTE - PHYSIOLOGICAL SERVICES LABORATORY UNIVERSITY OF CALIFORNIA. SAN FRANCISCO MEDICAL CENTER ROOM 1351. MOFFITT HOSPITAL - PHONE: 6*6.1707 PULMONARY FUNCTION REPORT - PVI _______________________________ D A T E / 1/ i B 8 9 _______________________________________ _______________________________ S E R IA I 3 0 1 9 ^ fimo PUETZ, H-snry .j'CDby. L1LKER, HOLST,_________ referred BvLewi 3_____________ r ;I ! ,'o ~ jr \R CODE * Cm <G AA. h o o r QPD ______ HAMILTON___________________________________ ____________ _ _ REFERRAL DIAGNOSIS:----- A.fihftgtn<; i g- r h r r n j r iti pu'.v funct DiAGNOSis^s ^r 1 *ve PLitmonary d i s e a s e EXERCISE AND RECOVERY 6 PULMONARY FUNCTION CONTINUATION-SHEET * 3 ,-JlSTORY name PUfcIZ, Henr y 'o r inm (copi) sfriai c ^192 T;,; man /.'ho has been an i n s u l a t i o n worker f o r years was r e f e r r e d f o r assessment rurci ienal impairment due to pulmonary a s b e s t o s i s . He has noti ced g r a d u a l ly in- r - i - i r . j b r e a t h l e s s n e s s during e x e r t io n f o r about 10 y e a r s . For a s i m i l a r p e r i o d , he nsc h - t a chronic cough prod ucti ve of mucoid sputum. At t h e p r e s e n t time he has d y . f r.i.a when tying h is shoes, when waling q u i c k l y , and on climbing 8 t o 10 s t a i r s . On r ) -ir-jl examination rhe fingliri^ in th e r e s p i r a t o r y system a r e mild f i n g e r clubbing /"U n i ne i n s p i r a T o r y c r e p i t a t i o n s in the lower p a r t s of t h e lungs, me cr'8s t x - r ay s show an i n f i l t r a l i v e or f i b r o t i c p ro ces s I n cr ea s in g on s e r i a l f il m s sines Iu57. PULMONARY FUNCTION RESULTS h T o o l ' s t e s t s show a s i g n i f i c a n t r ed uc ti o n of th e v i t a l c a p a c i t y from t h e p r e d i c t e d / s l u e s . Tnis ta k e r v.itr the normal airways r e s i s t a n c e i n d i c a t e s a r e s t r i c t i v e lung d i s e a s e . The high p ro po rti on of wasted v e n t i l a t i o n is due to a b n o r m a l i t i e s of ver.i Marion and p er fu s io n r e l a t i o n s h i p s in fhe lungs, and t h i s concl usi on -i s- supported oy the f l n c i n g of a icened a Iveo lo r - ar ~ o r ia I oxycen g r a d i e n t , and mild a r t e r i a l hypoxemia -A r e s t . Tre latTer is not caused by h y p o v e n t i l a t i o n s i n c e t h e a r t e r i a l Pvo2 is lower rh3n normal, nor ccula shunting of blood be r e s p o n s i b l e s i n c e t h e a r t e r i a l Po^ r e a ' h e n --e e.xpecteu vclu<~ curing oxygen b r e a t h i n g . 7 - ero is cr. rcn u hypervent i loTion a: re-.~ and t: i s brccnes more marked dur ing e x e r c is e AMr-ugh o>ygen t r a n s f e r is imprrvea fro*', th e r e s t i n g s+at e a t l i g h t workloads, t h e al 0-0 ian-ar r er ia I oxygen d i f f e r e n c e inc re as es witn in c re as in g work. Measurement of c i f f u . i no copoci+y of tn-; lungs was u n s a t i s f a c t o r y f o r t e c h n i c a l r e f e r s . We sc. a i ! S'.-nc i r- so sc i ntr a n " ter re-pet Itier- of t n i s t e s t . COi-iCLUS ION T ' e r - i i m p j i r r e n t of r u 1^ >ry fun " i . . c o n s i s t e n t with pulmonary a s b e s t o s i s . The lesi ._t diffj;,i'K , a r i ~ \ ..->u Irf co related. % l\ ! ' ' - - ' - - :/ >r,glhKifBliTRAC.P ._______ ._____________ p '' J :, A I,v.[). J u l i u ^ H.Comroe, J r D. LEON LEWIS, M.D. SHELDON MAHGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 5. Mr. Puetz is a well developed and healthy appearing male of late middle age who is of mesomorphic build with excellent musculature. There is no apparent de- . formity. There is a faint thyroidectomy scar and a more distinct left inguinal herniorrhaphy scar. There are tattoos of both arms and forearms. The anterior and central hair is thinned and nearly bald. The hair is grey. The cranium is smooth. There is no tenderness. The eyes are clear. There is some wax in both ear canals, but the drums are fairly well seen. A watph tick normally heard at a 10-foot distance is audible only when in contact with the right ear and at one-half inch distance from the left ear. The nasal mucosa is normal; septum is intact. The paranasal sinuses transi1luminate poorly, obviously because of dense bony structure. The mucous membrane of the mouth is normal. The gums are clear. The tongue is normally coated. The tonsils are small and not inflamed. The mouth is edentulous, compensated by two dentures. There is no tenderness in the neck. The thyroid gland cannot be felt. There are no palpable lymph nodes in the neck or elsewhere. The thorax is well formed. Breasts are negative. There is generalized impairment of resonance throughout both lung fields. Breath sounds are bronchovesicular. There are scattered, crepitant rales in many areas over the posterior lung fields. Breathing is mostly diaphragmatic; abdo-i-al excursion is normal. The heart size is difficult to determine. Heart rate, rhythm, and sounds are normal. There are no murmurs. Femoral and foot arterial pulses are normal. The abdomen is rounded. There are no palpable organs or masses. The left inguinal hernia repair is satisfactory; however, there is now a small right inguinal hernia. The external genitalia are normal. Rectal examination discloses no hemorrhoids. Sphincter tone is good. The prostate gland is not enlarged. There is no palpable mass. The extremities are essentially normal, aside from hypertrophic changes at the small joints of the fingers. Foot and upper extremity temperatures are normal. Neurological Examination; Personality appraisal is rendered somewhat difficult by Mr. Puetz1 obvious diffi culty hearing. However, he seems to be an intelligent, well oriented, and very cooperative man who has no tendency whatsoever to exaggerate his clinical mani festations. G a i t , s t a t i o n , coordin a t ion, and equilibrium are normal. There is no dysmetria or nys toqmus. C ra n ia l nerve examination d i s c l o s e s quite contracted round p u p i l s which re a c t to I ' q h ; and ntco'H'odation through a s m al l r a n g e . (Mr. Puetz states that he uses LEON LEWIS, M.D. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 6 . considerable amounts of codeine-containing cough medication.) The fundi are poorly seen, but seem to be clear. Ocular motion is intact. Facial motor power and sensation are normal. There is no impairment of bone conduction over the mastoid processes. Air conduction is better than bone conduction, despite the impairment of hearing. The Weber sign lateralizes slightly to the left. The tongue protrudes in the midline without tremor, Palatal and pharyngeal func tions are normal. it . There is no disturbance of sensation for pain, vibration or temperature. The superficial and deep reflexes are normal. There are no pathologic reflexes. Musculoskeletal Examination: Posture is good. There is no localized atrophy or hypertrophy. Joint motions are free and normal. There i5 no iripai rment of neck or spinal motion. LABORATORY DATA: Complete Urinalysis: Color Character Reaction Spec ific G rav ity AIbumi n Sugar Yeti ov; C lear pH 5.0 Q.N.S. 3+ Negat ive Microscopic Examination: White Blood Cells Rare Red 8lood Cells Rare Epithelial Cells 1- 2 Bacteria Rare squamous Complete Blood Count: Hemoglobi n Leucocytes Packed Cell MCHC Platelets Morphology Volume 17.2 grams 15.150 m 36% Adequate Normal (116%) Differential Count: Neutrophiles 79% Basophiles 0 Lymphocytes 20% Monocytes 1% Sedimentation Rate: 2k mm./hr. (Westergren) Serologic Test for Syphilis: VDRL Slide -- Non-reactive Extended Blood Chemistry Group: Glucose ( I hr pc) Urea Nitrogen Uric c id 130 mg}', 15. Omg/, 7 . I mg/, Adult Normal Ranges: 72 - 120 mg% (fasting, on plasma) 6 - 22 mg% 3 - 6 mg% LEON LEWIS. M.D. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5. 1968 Page 7. Extended Blood Chemistry Group (continued) Cholesterol (Total) Transaminase (SGPT) Calcium Bi1irubin (Total) Potassium Sod iurn Alkaline Phosphatase Protein (Total) Albumin Globuli n A/G Ratio Protein Bound Iodine 166 mg% 52 U. V . units 9 .7 mg% .6 mg% 3.8 mEq./L 137 mEq./L 36 Inti, units 9 . 3 gnf/, 4 .8 gm% 4 . 5 gm% 0 .9 3.8 mcg% Vital Capacity Study: FEV| I sec. FEV 2 2 sec. FEV3 3 sec. Vital Capac ity 2.1 L. 2.1 L. 2.2 L. 2.15 L. 2.3 L. 2.2 L. 2.3 L. 2.3 L. 2.3 L.* Adult Normal Ranges: 150 - 260 mg% 5 - 50 U. V. units 9 - 1 1 mg% 0.4 - 1.1 mg% 3.5 " 5 nq./L 135 - 150 mEq./L 13 - 40 Inti. units 6.0 - 8.0 grrt% 4.0 - 5-5 gn% 1.5 - 3.5 3.5 - 8.0 mcg% Predicted Vital Capacity (for height and age = 3.6 L. Vital Capacity is 6^, of predicted. FEV, = 75%. FEV2 = 92%. FEV3 = 96%. E lectrocardiogram; Rate 90 per minute. Sinus rhythm. PR 0.15. QRS 0.08, Q.T 0.36 seconds. Flat T waves in Leads V-l and AVI. U wave present in V-2 through V-4. Conclusion: Scattered ventricular ectopic beats. No evidence of right Rule out hypokalemia (U waves). Non-specific T wave changes in AVL and LABORATORY SUMMARY: heart V-l. strain. * There is unexplained proteinuria of fairly marked degree. It is not associated with other u r i n e or blood chemical a b n o r m a l i t y . I t w a s n o t p o s s i b l e t o d e t e r m i n e urine specific gravity. The red blood cell values (packed cell volume and hemo globin) are high, suggesting polycythemia secondary to lung disease. However, the leucocyte count is also high, although differential count is normal. Neither the Ijucocytosis nor albuminuria is easily explained by clinical findings. IEOH LEWIS, M.O. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 8. Blood chemical survey is normal except for elevated serum uric acid. The serologic test for syphilis is negative; Electrocardiogram is essentially normal. Blood chemistry studies did not reveal hypokalemia. fc Radiographic findings are characteristic of progressive asbestosis. (See below. REVIEW OF RADIOGRAPHS OF THE CHEST: Outside Radiographs: The first film, dated December 7 , 1957, is identified as #759786, Kaiser Found* tion Hospital, Oakland. It showed a medium-type thorax which is asymmetrical with relatively greater expansion on the right than on the left. Borte structur are of normal density. The lung shadows show some prominence of central bronch vascular markings, and except for haziness of the cardiac outline because of overlying, somewhat greyish lung shadow, the pulmonary findings are not remarks beyond the limits of normal. Heart, aortic and diaphragmatic contours are norm although there is slight irregularity of the left leaf of the diaphragm. The second radiograph is dated April 15, 1961, and is from the office of J. D. M. D . , 2976 Summit Street, Oakland. 8y this time the pulmonary shadow is very normal. There is accentuation of central markings and faint, greyish mottling throughout. The heart shadow is distinctly blurred, as is the medial portion c the diaphragmatic shadow. The third film on February 17, 19^2, also from the office of Doctor Coate, shov a progression of the findings previously noted. There is slight thickening of the interlobar fissure between the right middle and lower lobes. This is fain visible in the film of April I96I but is now much more marked. There is more diffuse greyness and mottling, and the cardiac border is no longer distinct. A fourth radiograph of March 16, 1963, from Doctor Coate's office made with le penetration than the prior film shows relatively little progression of the pul monary disorder. By February 2, 196h, another film from Doctor Coate's office shows findings si to those of 1962 but somewhat more diffuse. There is additional progression b February 13, I965. A very light radiograph made on March 5, 1966, seems to sk less density than the prior films, but the most recent radiograph of February 196?, aiso from Doctor Coate's office, shows a very diffuse process involving both lung fields. By this time the cardiac shadow is distinctly larger, and f outline is blurred. The diaphragm is generally irregular. However, the diapr ir.it'c curve is well preserved; there is no flattening. i f ON LEW IS. M.D. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5. 1968 Page 9. Radiographs made June 21, 1968: As in the previously reported films, there Is asymmetry of the chest. Bone " ' structures are of normal density. Both lung fields show a diffuse greyness with 'reticulation and exaggeration of central pulmonary markings. The heart and aortic contours are not beyond the normal range of size; however, they are distinctly blurred and a clearcut cardiac outline cannot be made out. The diaphragm is slightly hazy along its margin, but the costophrenic sinuses are weij preserved. A superimposed projection of inspiratory and expiratory views of the.chest shows a diaphragmatic excursion of 32 mm. on the right and 38 mm. on the left. (Measure ments are made at approximately the mid portion of the diaphragm.) The lateral view shows a prominent hilar shadow and generalized greyness of the lung fields with exaggeration of markings. The heart size appears normal. The dorsal vertebrae are well formed, and the interspaces are normal. DISCUSSION: Review of the previously made radiographs dating from 1957, interpreted in con junction with the current film, discloses a gradually progressive, presumably fibrotic, process in both lungs which is evidently restrictive but not associated with marked secondary emphysema. Diaphragmatic excursion is quite well preserved. Heart and aortic size appear normal at present. The findings are consistent with occupational disease of the lungs due to asbestosis -- a diagnosis suggested by the employment history. DIAGNOSES: 1. Asbestosis with moderate restrictive pulmonary disease. a. Probable secondary polycythemia; b. Probable chronic bronchitis. 2. Right inguinal hernia. 3. Proteinuria -- cause ?. k. Leucocytosis -- cause ?. 5. Hearing loss -- fairly severe. * Sincerely yours, y 'l -- ^ \_ l/eon* Lewis, M. 0. Ll: d ; IEOH LEWIS. M.D. SHELDON MARGEN. M.D. 2 4 3 8 WEBSTER STREET BERKELEY. CALIFORNIA 4 7 0 9 PHONE 8 4 8 -2 7 2 7 July 5. 1968 INTERNAL M EOICINI Smith, Parrish, Paduck and Clancy 405 Fourteenth Street Oakland, California 9*t6l2 Attention: Mr. Oavid R. Nelson Re: PUETZ, Henry Employer: Western Building Materials Company _____ Social Security Number; 532-112-4138________ Gentlemen: Mr. Henry Puetz, a 6l-year old, twice married, Caucasian workman, was examined in this office on June 21, I968, by the undersigned, Leon Lewis, M. D. EMPLOYMENT HISTORY: Western Building Materials Company; June 18, 1S6B , to present; asbestos worker (at the Univsrjit/ of the Pacific, Stockton. California). Prior employment: Western Building Materials Company, Stockton; asbestos insula tion application; two weeks, November 15 - 29, 19&7- V/estern McArthur Company, San Francisco, California; October 1 to November 15, 19&7. Western Asbestos Company, Los Landing, California; April to October 1967- Mr. Puetz has been an asbestos worker since 1928, at first in Seattle, Washington, until 19^1, then in Portland, Oregon, until 19^5, and since 19^5, in California. DATE OF OHSET OF SYMPTOMS: 1957. PERIOD OF DISABILITY: November 29, 1967, to June 1, 1968. PHYSICIAN: P . E . Crantz , M . D . % HOSPITALIZATIONS: Soe Ch r o n o l o g i c a l Medical History. >):' HISTORY: .1 . ?>>, :as -om in S e a t t l e . W a s h i n g t o n , on May 25, 1907- He moved to Portland, jor., .1 13 1 , a n d to Son F r a n c i s c o , California, in 19^+5. He completed high s c h o ol a n servi-J in thi U n i t e d S t a t e s Army from 1925 to 1928, mostly serving in the c ii i:op n Is 1andn . IEOH LEWIS. M.D. SHEIDOH MARGEK, M.D. Re: PUETZ, Henry July 5, 1968 Page 2. His first marriage, in which he fathered three sons, terminated in divorce. He has two living adult sons; the third son was killed in the Korean War. He was accompanied to the office by his present wife with whom he seems to have an excellent relationship. He discontinued smoking cigarettes In 19&5* Prior to that time he says he smoked about one-half package daily. He drank alcohol in moderation until fairly re cently, but now does not drink at all. * FAMILY HISTORY: His mother is living and in reasonably good health at age 82. some type of pulmonary disorder leading to pneumonia at age and four sisters are living and well. His two sons are well. His father died of Seven brothers He knows of no tuberculosis, cancer, or diabetes in the family. PAST MEDICAL HISTORY: In addition to the ordinary diseases of childhood he had diphtheria at age 12. In 1938 he developed hyperthyroidism,and thyroidectomy was performed at the Bremerton Naval Hospital. A left herniorrhaphy was performed at Antioch Hospital by Ooctor Crantz in 1957. He was hospitalized for pulmonary disorder at the same hospital in 1958, 1959, I960, 1962, 1964, 1965, 1966, and 1968. His last chest radiograph was made in March 1963. A gastrointestinal radiographic series was made in De cember 1967. SYSTEMIC REVIEW: Mr. Puetz sleeps poorly and has difficulty falling asleep. He does not use seda tives. He has frequent headache and dizziness. His memory has begun to fail. He wears glasses but has not been examined by an eye doctor within the past two years. He is subject to frequent chest colds, and he has a chronic annoying cough, which is moderately productive. He has been told that his blood pressure was elevated in the past. He has some chest discomfort but no characteristic anginal pain. He becomes short of breath on slight exertion. All of his teeth have been extracted, and he has worn dentures for some time. He has a new set of dentures to which he has not yet become accustomed. His appetite is poor, and his abdomen is distended after meals. He has been told in the past that he had a stomach ulcer. LEON LEWIS. M.O. SHELDON MARGEN, M.D. Re: PUETZ, Henry July 5, 1968 Page 3. Nocturia occurs once. There are no other genitourinary symptoms. Other general complaints are fatigability, nervousness and tension. COMPLAINTS: 1. Shortness of breath on slight exertion: kt. a. Walking causes dyspnea; b. Even tying his shoes causes some breathing difficulty; c. Climbing a flight of stairs, he must stop at least once to rest. 2. Productive cough, especially at night: a. Expectorates about one-half cupful of greyish-colored mucoid sputum; b. Has never expectorated blood. 3. Frontal headache, lasting several hours, in attacks. b. Giddiness, occurring when he bends over. CHRONOLOGICAL ME01CAL Hi STORY: During his early years and extending through his military service until 1928, Mr. Puetz was in good health. While on outy in the Philippine Islands he was well and was never hospitalized. He did not contract malaria, dengue fever, or other infections. He had no venereal infection. After his return to the United States, he first began to work in the asbestos trade. His first employer was the United States Government at the Bremerton Navy Yard, where he was discharged from military service and became an employee. For 13 years he remained at the navy yard, and most of his work consisted of the application of asbestos covering on pipes. Most of this work was done on ships, and at times he had to work in relatively confined spaces. During the entire period of his employment by the naval shipyard, he worked without any kind of respiratory protection. No radiographs of the chest were made, and no medical examinations were done during his years of work. After leaving the shipyard, he moved to Portland, Oregon, where he was employed by Plant Asbestos Company. He again worked applying asbestos insulation to pipes on ships. On this job he also worked without respiratory protective equipment. * He does not recoil having any chest radiographs made at this time. in I9L5 ha moved to the San Francisco Bay area, where his first employer was Western Asbestos Company. He worked in the plant, and while his duty was still the application of asbestos coating to pipes, he was also exposed to the fabri cation process. Iver since 19^5 he has worked on and off for Western Asbestos Company or th .ir successors. He was also employed by the Fiberglas Company in LEON LEWIS, M.D. SHELDON MARGEN. M.D. Re: PUETZ, Henry July 5, 1968 Page k. San Francisco. There he worked not only with asbestos but also with Fiberglas and rockwool, all of these materials having been used for insulation. He also worked for Plant Asbestos Company in Emeryville, having spent about four or five years in their employ. In short, since 1923, except for periods of disability in recent months, Mr. Puetz has been almost continuously employed in the asbestos insulation industry. Jb In 1938, while working at Bremerton, he developed hyperthyroidism for which a thyroidectomy was performed at the Bremerton Naval Hospital. He has-not had to take thyroid extract. He was then quite well until 1957 when he developed a left inguinal hernia. At this time he was already somewhat short of breath and coughing. He remained in Antioch Hospital eight days after repair of the hernia; he was not hospitalized for pulmonary disorder at that time, but was under treatment by Doctor Crantz. Although Mr. Puetz does not recall the exact dates, he believes that he has been hospitalized about 10 or 12 times, always at Antioch Hospital and always under Doctor Crantz' care. About 19&2 he was in an autonopile accident which required hospitalization for a back sprain. Later, in 1986, he suffered a neck injury and was again hospitalized. On each occasion, whether specifically for respiratory difficulty or for other causes, he was treated for his respiratory problem, usually with intermittent positive pressure devices and various medications. At present his medical regime consists of two medications, but he does not know their identity. He also uses a cough syrup. He reports to Doctor Crantz about every four weeks. He has never used intermittent positive pressure therapy at home. Recently, during each year, his condition has fluctuated considerably. He is especially short of breath during the winter, and there has been gradual pro gression of disability over the course of years. Mr. Puetz left his work with Western Building Materials Company on November 29, 196'/, because of shortness of breath, chest discomfort, and cough. He returned to work for the first time since then on June 18, 1967, and has put in two days with some difficulty (to the date of this examination). During the period off work, he rested most of the time. He now finds that it is difficult to work overhead, and he is easily fatigued. He finds that climbing and working at high levels are extremely difficult. He has not had to work above the ground the past two days of his resumed employment. PHYSICAL EXAMINATION: Height 6 3 - 3/ A . W e i g h t I &1- 1/2 p o u n d s . Maximum p r i o r weight 168 pounds i n 1 9 6 6 . B lo o d pressure initially 133/102 in the left arm,sitting. After approximately 15 minutes, a s<'.;ond reading was 1/0/9**. Pulse rate 88 per minute.  'Ji K J. 0. COATE. M. o. ADiOLOcir 2 9 7 6 SUMMIT OAKuANO * C A U '0 4 n at ril.f><0-I Tl-- i#* m7 F eb ru a ry 13, 1S*>5 FUtmt:Addnu: Putta, Henry 1531 Mar haU Street, Antioch PJysmU*. M r. Holnres Act 5. A-7121 C K j S T PA flint of the chest again shows the rather ex ten siv e b ila tera l fibrov. changes throughout both low er lobes which have been observed on previo 5 examinations at yearly intervals since 4*15-61. There has probably been no marked Increase since the last exam ination on 2 -8-64 but com parison with previous film s is n ecessary to determ ine the p rogress of this in volve m ent. The cardiac shadow is norm al and the hem ldiaphragm s are sm ooth and rounded. C O N C L U S IO N S B ilateral chronic fibrotic change in both low er lobes probably occupational. JDC:m c ( J. D. COATE. M. D. RADIOLOGIST 2 9 7 6 SU M M IT STREET OAKLANO * . CA U fO A N tA T1L1AHOM* TCMAtiaul *-4017 February 17, 1962 Pstitnt: P u etz, Henry C. Addrest: R t. 2, B ox 192, Oakley * PbyikUn: A sb esto s W orkers Survey Aet 54 22832 'flv - - t r 'V 'X * - v. Both lung field s show considerable granular thickening of the root u shadows in both perihilar areas along with d iscrete m ilitary d en sities. These changes were noted on examination 4 -1 5 -6 1 . A direct com parison with the previous film s would be important to determ ine the p ro gress of % this disease. CONCLUSIONS Pulmonary occupational disease probably a sb esto sis. JDC:mc D. CoateT hi. 6. 2 A ^3-o>-jr' -*^0 y C 'A u ^ u - i f , , 2 % t d b '/ - h r'",! ' ; . W / . ;/ , / ; ^ ' A* '* * V ---- - - hr '* w . , &*- V 4 mwU I 1 --^. *..^ ,^ 1 .^ N o '" 1 962 Joseph E. Sa.ich 'laiith, :3acri.ah, Padn'-k c. ni'-ipany Financial Center lini'! l i n t it01-19th .Street Ool:land 1? , f!a 1i f '.-mi* ?.e: Pue tz, Henry C. i T h a n ' : ; M) "o r 'H 'ir *:hj,v. r : It,; rsg-rr'ir.? M?. Henry C. Puetz. l.V. t z h a - ' b ?:! .i ' " 7 -^ n * Vi t ' l \ \ .'T-'ice '. i- . z i I c c e n b e r 9, 1959. He s .i ' h i s t o r v c: 1 h a v ' e y u a ` o -n * v ^ i n ha i a cl . i -an;- y e a r s d u r a t i o n which rrt 1 J i n o ' ' h - o n i v b -r-'h 1 a ? .- an - 'b e s t o ^ i s . X-ray of the c h e s t C 'Vlf i r r : : c h i . , ' t i e j n . ' S' a. *r ' ' ' ] y ' '*r. -. ncl tided c o ' ^ h w i t h p r o d u c t i o n of a n '- f j " . n >r '* '?. r. -.a 'I.-'.-.: ` ~ r e ve a l ?d r s l e s p r e s e n t in the l u n^ s . 7 A n n_ ' i n '- ' i . 'i ; k 2 ? t '.*7 ' ; ' 1C i *. ^ v !-.nj `h i s 'i.saase or whether or not i .' . T f T ,-x - n o '- " f u r t h * V n : y , `t i n 'l 'all oil ni''i'a11y, v - - . .v-'"- / v ''a-!1 . F r a n t z , 'J. '0 J . D. CDATEI. M. D. RAOIOlOG'ST 2 9 7 6 SUMM'T STREET 04KIA *0 . CaLTONSiA T liltN O M 4 AfftY February 8, 1964 PcSitnti Puetz, Henry Addrtn: 1531 Mar chilli Street, Antioch i* Pkfthlju; M r, Holmec Aet 56 RECEIVED DEC 5 1358 FILED Clviilon of lndvt*ial A c :id in b OAKLAND OFFICE A-3460 > >i; . -'CHEST 9 A finale PA f'a ci tho chect chov/o ths ehronlc bilateral fibrotlc changea ihrougho'.Tt the levier half oi both lur.g iloldc, more naarhcd on the rlght . aldo oocociatcd wilh moderato bilateral p srlh llar thichenlng "Theco i-.!.,vi3Cj h:.vc cpparcr.ily V.:cn pra gvccrhvj over C\2 pari ycsra oncc 157. : A comt.ulur,:! v.lth ail of thcco fermer filme v/oc mode la tMc cificc oa c;rr er.ajohiTtlon of 3-27-62, F ro m tim e to Uxy|C, there conaparlcna . `. ` .;'* ` '* \ l*."nid lia ;v<rt!c, *F 1 '' 1 *' ' * * V* 1 fV'::cw2.o:i;;, : ; ' . . .M l ** . ' t*. * *** .""* 1 *: * JJ * ' ` . . . ! . j / . o r o t ' c c h t t r c :; th vc'.'.^hoiit both low er b ' : : rc m a r'.-.cd oa . . , l i 11 J D COATE, M D AD 'O l O M $ T 71/6 Mj MMI T S T P F t T O A K L A N D , C A L I F O R N I A 94601 1 Telephone 636-4057 Puetz, Henry Aet 59 `dons' Rt # 2 - B ox 101, O akley ?Kyi<,o.., A s b e s t o s W o r k e rs S u r v e y # B - 5278 ` 1 r t F e b r u a r y 21, 1967 CHEST: *. A single P A film of the ch est again s h o w s the extensive bilateral interstitial fibrosis generalized throughout both lung fields. T he hilar s h a d o w s a r e a lso in c r e a s e d in d e n sity , so m ew h a t m o re marked on the right s id e . No localized a rea s of parenchymal infiltration can be s e e n . T he card iovascular shadow is still norm al in outline and the h em i-d ia p h ra g m s a r e smooth and rounded. A com parison with p reviou s films is n e c e s s a r y to determine the p r o g r e s s of the d i s e a s e . C O N C L U S IO N S : E xtensive bilateral interstitial fibrosis throughout both lung fields. JDC :me D . Coate M.D / / / * / .I C '1A T E M D a ;: . .s' . - ' -k ;f ' a > ; t, a ! I i r * f ,i a l u ") f>(,! r-f 816 40S/ Puetz . Henry Aet 58 f* B - 1016 Rt # 2 - B ox 101- D , O a k le y , California Asbestos Workers Survey March 5 , 1966" CHEST: A single FA film of the chest sh o w s extensive bilateral interstitial fibrotic ch an ges throughout both lung fields a s previously o b s e r v e d , since examinations made annually from 4/15/61. The hilar shadows are also somewhat is normal. C O N C L U SIO N S : Extensive bilateral pulmonary fibrosis, probably occupational . JDC : ag . ' f. i : ir ' . K* VI ' ' f- ' * ! /.NO L\ t fy.VA {) ' ml#til..,no b it .it*/ Puetz Henry Aet 57 1531 M arshall S t r e e t , Antioch Asbestos Workers Survey " A - 7121 F eb ru ary 13. l?o5 CHEST: b . PA film of the c h est again s h o w s the rather exten sive bilateral fibrotic c h a n g e s throughout both lo w e r lobes which have been o b s e r v e d on p rev io u s exam inations at y e a r ly intervals sin c e 4/15/61. T h e r e has probably been no marked in c r ea se since the last examination on 2 / 8 / 6 4 but co m p a riso n with p rev io u s films is n e c e s s a r y to d e t e r mine the p r o g r ess of this involvement. The cardiac shadow is normal and the hem i-diaphragm s are smooth and rounded. C O N C L U SIO N S: Bilateral chronic fibrotic c h a n g e s in both lo w e r lobes probably occupational. JDC : ag D . Coate M.D . * COAT: v D i t t [ t. !./ A `M' r . 'il l '&! i I 1' r f N f A *).U i A ^ ti -o 4 057 Puetz Henry Aet 56 1431 M arshall S t r e e t , Antioch Asbestos Workers Survey A - 3460 F e b r u a r y 8 , 1964 PA CHEST: itt A single P A film of the ch est sh o w s the chronic bilateral fibrotic ch an ges throughout the lo w er half of both lung fie ld s, m ore marked on the right s id e , a s so c ia te d with m oderate bilateral p e r i-h ila r -thick fi ning. T h e s e c h a n g e s have apparently been p r o g r e s s in g o v e r the past y e a r s since 1957. A com parison with all of these form er films w a s made in this office on our examination of 3 / 2 7 / 6 2 . F r o m time to time these co m p a riso n s should be m ad e. C O N C L U S IO N 'S : Chronic fibrotic changes throughout both low er lo b e s, more marked on the right side apparently due tc occupational d i s e a s e . JDC :me J. D . Coate M .D. * XiT: `v D ^ a f >; i ' .1 ` '* 1 >n i ` /, | I C '" N A 1.!f .* *Pr .n#* *.:( d0L/ P u etz Mr H en ry C A ge 55 1531 Marshall S t Antioch Asbestos Workers Survey ^ A - 404 March 16, 1963 FA CHEST: u. Single FA film of the chest again sh o w s the generaliz ed fine fibrotic ch an ges throughout the low er half of both lung fields, which have been reported on previous examinations. T h e r e has been no apparent in crea se since the examination made one year ago. The only areas showing any degree of em physem a are in the dependent portions of both lo w er lo b e s . T h e upper lobes of both lungs appear to be relatively normal in a p p e a r a n c e . T h e hem i-diaph ragm s are smooth and rounded showing no evidence of any pleural adhesions. C O N C L U SIO N S: Chronic bilateral fibrotic changes, apparently pulmonary occupational disease. JDC :ag y / / <s/ y7 D . Coate M .D. f ) ',) C 0 a TE\ m d ! A fJ( ; C' -' S r . ;vvi i ii r ; .i;.;.s iIa i ' O^n u TeU,,i,,.n, 514 )CS7 P uetz Mr H enry C A ge 54 Rt 2 - Box 192, Oakley Asbestos Workers Survey f 22832 March 2 7 , 1962* r PA CHEST: A rev iew of the recent film made on 2/17/1962 and com pared with p rev io u s films made e l s e w h e r e in 1957 show a gradual in c r e a s e in the d e g r e e of fibrotic c h a n g e s in the p e r i-h ila r a r e a s and throughout the lo w e r half of both lung field s. T h e film made in 1957 s h o w s only a v e r y minimal, h o w e v e r e a r ly c h a n g e s . T h e r e h a s been no g r e a t in c r e a s e in the d e g r e e of fib ro sis a s com pared with the film made on 6/10/1961. H o w e v e r , 1 do feel that th er e is definitely a v e r y gradual in c r e a s e in the d e g r e e of interstitial fibrosis during the past five y e a r s . T he inferior portions of both lo w er lob es app ear to be som ew hat m ore em p h ysem atou s as c o m p a r e d with the film made in 1959. C O N C L U SIO N S: T h e gradual in c r e a s e in the bilateral fibrotic c h a n g e s and the radiologic app earance of the p r o c e s s , strongly s u g g e sts that this is probably pulm onary occupational d ise a se . JDC :ag //' J . D . C oate M . D . // J. il r.C'ATt . M 0 L r i . ''>, ` vvi >i p\ t r n*KI * N |i ! A ; 11C t- N: A l it r > T*l*(ih .t !j 40b/ Puetz Henry C Aet 54 Rt 2 Box 192, Oakland Asbestos Workers Survey if 22832 F e b r u a r y 17, i - i . PA CH EST: - Both lung fields show considerable granular thickening of the root s h a d o w s in both perihilar a r e a s along with d is c r e te military densitteT h e se changes w e r e moted on examination 4/15/61. A direct co m parison with the p r e v io u s films would be important to determine th<progress of this disea s e . C O N C L U S IO N S : Pulmonary occupational disease probably asbestosis. JDC :ag J . D . Coate M.D . J C'\OATL m d ^ A O -f ( : 'i T ."'' im ' :of i i . ' An I AN( . (. At .( O P N I A . Telet(..,* *;> JOS7 f . P u e tz Mr H enry Age 54 # 21148 Route Box 192, O akley, Cuiif. , t C .1 Mr H olm es ( A s b e s t o s W orkers S u r v e y ) A pril 15, 1961 PA CHEST: * _ P A film of the ch est sh o w s considerable bilateral in c r ea se in both hilar s h a d o w s with co n sid era b le g e n e r a liz e d in c r e a s e in the root s h a d o w s throughout both lo w e r lo b e s . In so m e areas small discrete parenchymal densities can be seen. The heart shadow is within normal limits and the he mi-diaphragm are smooth and rounded. C O N C L U SIO N S: The findings are very suspicious for a possible early a sb esto sis JDC :ag y/ d . D . Coote M . D . 1 WORKERS7 COMPENSATION APPEALS BOARD 2 3 HENRY C . PUETZ, 4 STATE OF CALIFORNIA -- C a s e No. 66 OAK 20668 5 Applicant [ 6 vs. 7 C.F. BRAUN, et al, and ( AMERICAN MOTORISTS INSURANCE 1 8 COMPANY, et al. I /C E R 9 Defendant J 10 11 I hereby certify that the attached documents are 12 and correct copies of the original documents filed in the record: 13 of this office in the above-entitled matter. 14 ATTEST my hand and the Seal of the Workers' Compensate 15 Appeals Board of the State of California. 16 17 18 19 20 Workers' Compensation Appeals Board 21 22 23 24 Dated at San Francisco, 25 California, this 6 day 26 of April, '198-1 27 OCPAHTMCMT O F INDUSTRIAL RSUATION DIVISION O f INDUSTRIAL ACCIBKMT ( W O R K M E N 'S COM P E N S A T I O N APPEALS BOARD 2 STATE 0? CALIFORNIA o HENRY C . PUETZ ) Applicant ) CLAIM NO. 65 OAK 20568 5 vs. ) FINDINGS AND AWARD 6 C. F. BRAUN et al. and ) AMERICAN MOTORISTS INSURANCE 7 COMPANY, et al. ) Defendants 8 ___________________________________________ ) FILE:! $ep j n 9 10 The' above entitled m a t t e r h a ving been regularly submitted 11 before Richard A. Hickman, Referee, said referee makes his decisj 12 as follows: 13 FINDINGS OF FACT 14 1. H e n r y C. PUETZ, born April 25, 1907, while employed < 15 asbestos worker w ithin the State o f California during the period 16 ginning 19^5 through November 29, 1967, sustained injury arising 17 of and occurring in the course of his employment, consisting of 18 asbestosis. 19 2. Applicant was employed and injury was caused by expot 20 during periods of employment and insurance coverage as follows :: 21 EMPLOYER:_________________________ YEAR:________ INSURANCE CARRIER: 22 Cork Insulation Co., Inc. 23 W e s t e r n Asbestos Co. 24 25 (Marine E ngineering & 19^5 19^6, 19^7, State Compensation Ins 19 5 4 -19 58 , 1960- 1962, 1964-1966, ( ( 1 3ay Cities Asbestos Co.,Ltd. 1948, 1949 Industrial Indemnity 2 J. T. Thorpe & Son 1948-1950 Pacific Employers Ins 3 Western Fibrous Glass Products Co. *x Ihe Industrial Insulators 5 Johns Manville Sales Corp. 6 1949 Industrial Indemnity 1949 I949-I953 X Travelers Insurance C 1957 ' 7 Armstrong Cork Co. 1955 Travelers Insurance C 8 Mundet Cork Corp. 1962 Aetna Casualty & Sure 9 Thorpe Insulation Co. 1953 10 Gay Engine e r i n g Corp. 11 Owens Corning Fiberglass Corp. 12 1955 1955-1962,* 1964-1966 * Aetna Casualty & Sure Co. 13 F l u o r Maintenance, In c. 1955-1957 Continental Casualty 14 Coast Insulating Products 15 Harold G. Lorentzen, Lorentzen Co. 16 Owen E. Leinio 17 San Jose Asbestos Co, 18 C. F. Braun 1956 1957 1956 1957 1958 Argonaut Insurance Co Pacific Employers Ins Industrial Indemnity American Motorists In 19 J o h n Newkirk, Universal Insulation Co. 20 Armstrong Contracting & Supply Co. I960 19 6 1, 1963 21 Muldoon Co., Inc. 1961, 1962 Industrial Indemnity 22 23 M. R. Carpenter,Inc. 1962 State Compensation In 24 Accurate Insulation Co.,Inc. 1962 State Compensation In 25 H i c k m a n Bros., Inc. 1963 Pac.Employers Ins. Co ( 1 3. Applicant's earnings were maximum for both, tempo 2 permanent disability indemnity. 3 4. T h e injury resulted in temporary total disability period N o v embe r 30, 19o7> to and including May 31, 1968. 5 5. The injury resulted in permanent disability of 64 6 6. Applicant is in need of further medical treatment 7 or rdELeve from the effects of the injury. 8 7. Defendants failed to furnish medical treatment ne 9 to cure or relieve from the effects of the injury subsequent 10 26, 1966, after notice of need, and applicant incurred expens 11 therefor. 12 8. Applicant reaso n a b l y incurred medical-legal costs 13 $295.50. 14 9. T he reasonable value of the services of applicant 15 attorneys is $ 1 ,50 0 .0 0 , 16 10. The Department of Employment paid UCD benefits ap 17 per w e e k for the period D e c e m b e r 2, 1 9 6 7 , through M ay 24, 19 6 . 18 currently with temporary disability found herein, 19 11. The c l a i m is barred by the Statute of Limitations 20 regard to temporary disability indemnity or medical expenses 21 period commencing prior to J u l y 26, 1 9 6 5 . 22 12. Defendants have not been prejudiced by lack of no 23 the injury. 24 13. The injury has not been caused by the serious and 25 misconduct of the employee. ( 1 Board upon filing of an appropriate request therefor, Jurisd 2 such proceedings being hereby expressly reserved. 3 AWARD *X AWARD IS MADE in favor of H E N R Y C. PUETZ against STA 5 SATION INSURANCE FUND, PACIFIC EMPLOYERS INSURANCE COMPANY, 6 INDEMNITY COMPANY, INDUSTRIAL INDEMNITY EXCHANGE, EMPLOYERS 7 ASSURANCE CORPORATION, LTD., TRAVELERS INSURANCE COMPANY, A 8 CASUALTY is S U R E T Y COMPANY, C O N TINENTAL CASUALTY COMPANY, ARG 9 INSURANCE COMPANY, AMERICAN MOTORISTS INSURANCE COMPANY, HAR 10 ACCIDENT & INDEMNITY COMPANY, GREAT A MERICAN INSURANCE COMPA! 11 INSULATION CO., INC., M ARINE ENGINEERING & SUPPLY CO., GEORG! 12 A N D E. GUNDSR, F I B R E B O A R D CORPORATION, T H E INDUSTRIAL INSULA' 13 THORPE INSULATION CO., G A Y ENGINEERING CORPORATION, O W E N E. ! 14 SAN JOSE ASBESTOS CO., J O H N NEWKIRK, UNIVERSAL INSULATION CO 15 ARMSTRONG CONTRACTING A N D SUPPLY CO., jointly and severally, 16 follows : 17 (a) T e m porary disability indemnity at $70.00 per wei 18 the period November 30, 1967, to and including May 31 * 1968., 19 $1,840.00 to the Department of Employment in satisfaction of 20 for UCD benefits. 21 (b) Permanent disability Indemnity at $52.50 per v/e* 22 ginning June 8, 1968, and continuing for 256 weeks until the 23 of $13,440.00 shall have been paid; less $1,500.00 t'o Smith, 24 P aduck & Clancy as attorneys' fee. 25 (c) F u r t h e r medical treatment to cure or relieve fr<  (. 1 Dr. Leon Lewis and $80.50 to 2435 Webster Street Laboratory. o (f) Interest as provided by law. 3 ORDERS IT IS ORD E R E D THAT State Compensation Insurance Fund bs 5 primarily responsible for the payment of compensation and costs 6 for the furnishing of medical treatment, as hereinabove awarded 7 subject to said defendant's right of contribution as provided 1 8 finding no. 14 above. 9 IT IS FURTHER ORDERED THAT V a n Arsdale Harris Co. and 10 The Budlong Corp. be, and they are hereby, dismissed as parties 11 dant herein. 12 13 14 ") 15 16 RICHARD A. HICKMAN, Referee 17 hg PUETZ 13 66 O A K 20668 19 20 SERVICE BY MAIL ON ALL PARTIES LISTED O N O F F I C I A L ADDRESS RECORD: SEP 8 1569 21 22 23 24 9^ ( INSTRUCTIONS Do not ^se this form in death cases. Use Form 16. Do not use in third-party cases. Use 17. -if ths injured employee be under 21 years of age and a guardian ad litem has not been previously appointed, a petition for appoint: of guardian ad litem and trustee must accompany this agreement j . The guardian must sign this agreement on behalf of an injured employee who is under 21 years of age. If the minor is above the agi 'such minor should also sign this agreement ; Attach all medical reports not heretofore submitted to the Workmen's Compensation Appeals Board and advise when other reports we W O R K M E N 'S COMPENSATION; APPEALS BOARD DIVISION OF INDUSTRIAL ACCIDENTS DEPARTMENT OF INDUSTRIAL RELATIONS COMPROMISE A N D RELEASE STATE. OF CALIFORNIA,^ f " CASE NO. 66 OAK 2'i SOCIAL SECURITY N O -- (Mr.) vs. PUETZ APPLICANT Rt. 2/ Box 101-D, Oakley, Calif: ADDUSSI C .F. BRAUN, et al______________________ COAAIC7 A M I e 9 CM PlO rCft AMERICAN MOTORISTS INSURANCE CO., etal CPRRS? NAMI PF IMSURAMC1 CAAAIC* The parties hereto, for the purpose o f compromise only, hereby submit the following agreed statements o f fact: Henry C. Puetz___________ , ..mphy. Wri. i---- 4/25/07 claim , that he w u employed oa ,h.^945 tO IV of_____________IP___ .at. Various Places in Ca (MONTH) (TSAI fC IT T ) IIU ' it a _ asbestos worker______ Various Employers (OCCUPATION) IHAHC O P KMPLOTKA) .th en insure. workmen's compensation liability b y.. Various Insurance carriers ir he sustained an injury arising out o f and in the course o f his employment as follows:___ k y t h e medical reports on file with the WCAB._________________________ The actual weekly wages o f the employee at the time o f injury were $___----------------------------- while the average weekly vagi $------------------- 3. The employee's present disability is____________ --------- ---------------------------------------------------------------------------------- ISTATSMMIMT DISABILITYRUUkTIM MOM THIINJURY) and the employee. .returned to work___ <|P SO. STAYS WMCN) 4. (a) Temporary disability indemnity has been paid to the employee in the sum o f $-- --PP.P----------- at $---------------- -- pe beginning_____________ to and including___________________ The amount due and unpaid to the employee is $_____ (b) Permanent disability indemnity has been paid to the employee in.the sum o f $. ^JLQjLt-Qiiovcring p^rto^----------- to. t TL. narflp h p rp b v awrpp po p ttle j n v a n il a ll c la im s o n a c c o u n t of said iniurv bv the D a v m e n t o f t h e s u m o f < 8 2 8 0 . 00 ' f ` ( S m i t h , P a d u c k , C l a n c y & WRIGHT 7. Xninc .md address of employee's attorney, if any....... . 4 . P . . - ? S t r e e t , _ _ O a k l a n d j . . C a l i f o r n i a , ...... . S.'id attorney requests a fee of S..7.50..J30_________ __ Amount of attorney fee previously paid, if any, $_____N.QD,._. ?. Reason for Compromise___T h e . ,p a r t i e s . . w i s h . . . t . Q . . . c q m p r . o m i s e _ t h e i r _ d i s p u A .O E /C O E .x. . j i a t u r e . . . a . n c l . e x t . e n . t . . . o _ ^ and. ..s.ta tu te _ .o f ...lim it a t i ____________________ ___ ____________________________________________ 10. The undersigned request that this Compromise Agreement and Release be approved. 11. Upon approval o f this Compromise Agreement by the W orkmen's Compensation Appeals Board or a Referee, and pa accordance with the provisions hereof, said employee releases and forever discharges said employer and insurance carrier claims and causes of action, whether now known or ascertained, or which may hereafter arise or develop as a result of ta including any and all liability o f said employer and said insurance carrier and each of them to the dependents, heirs, < representatives, administrators or assigns o f said employee. *. It is agreed by all parties hereto that the filing o f this document is the filing of an application on behalf of the employee, the W .C.A.B. may in its discretion set the matter for hearing as a regular application, reserving to the parties the right issue any o f the facts admitted herein, and that if hearing is held w ith this document used as an application the defend have available to th e n all defenses that were available as o f the date o f filing o f this document, and that the W.C~i thereafter either approve said Compromise Agreement and Release or disapprove the same and issue Findings and Aw hearing has been held and the matter regularly submitted for decision. 13. For the purpose o f determining the lien claim filed herein for the unemployment compensation disability benefits which 1 paid under or pursuant to the California Unemployment Insurance Code, the parties propose the following division of the su upon for settlement and release o f this case; S E E A DDENDUM $ .... .._____________ for temporary disability covering the period_______________________________to. $__________________ for accrued medical expense paid or incurred by the employee. $_________________ for future medical care. $_________________ for permanent disability. (T he above segregation must be fair and reasonable and m ust be based on the real facts of the case. There should be no ADDENDUM TO COMPROMISE & RELEASE AGREEMENT HENRY C. PUETZ v . C . F . BRAUN, e t a l 66 OAK 20668 Carrier Pro-Rated Amount Signature Employers Liability Assurance Corporation, Ltd. Industrial Indemnity Company ;tate Compensation Insurance Fund 'acific Employers Group Fibreboard Corporation Travelers Insurance Co. Aetna Casualty & Surety Co. Continental Casualty Company 9 vx* A A !nwAOMOtniv * V ' Argonaut Insurance Co. American Motorists Insurance Co. Hartford Accident & Indemnity Co. Great American Insurance Co. ( ( CLAIM NO. 66 OAK 20668 HENRY C. P U E T Z REFEREE: Richard A. Hickman Dictated: October 2, 19o9 C. F. BRAUN et al. and AME M O T O R I S T S INSURANCE COMPACT INJURY: from 1945 through N o v e m b e r 29, I9 7 REPORT AND RECOMMENDATION OF REFEREE ON PETITIONS FOR RECONSIDERATION I INTRODUCTION Asbestos worker, b o m April 25, 1907, alleges I n j u r y to his li consisting of asbestosis as the result of harmful exposure during various employments in California during the period 1945 through 1967. I n the Findings a nd Award, issued on S e p t e m b e r 8 , 1 9 6 9 , it was found that applicant has sustained compensable injury consisting asbestosis during various employments by various employers during the period 1945 to and including N o v e m b e r 29, 1 9 6 7 . Compensation awarded for temporary total disab i l i t y be g i n n i n g N o v e m b e r 30, 19( through May 31, 1968, and for permanent d i s a b i l i t y of 64 Jo. It m also found that the claim was barred by the Statute of Limitatio: only w i t h regard to temporary d isability a n d m e d i c a l treatment fc any period of disability beginning prior to Ju l y 26, 19 6 5 . It m further found that the injury was not caused by the serious and wilful misconduct of the employee. Timely Petitions for Reconsideration have been filed on behali of various defendants contending primarily that applicant is not entitled to an award for compensation benefits because the claim barred by the Statute of Limitations, and that the amount of any contended on behalf of Aetna Casualty and Surety Company and Mundet Cork that Mundet Cork should have been dismissed because applicant's employment by said employer was outside of California. II DISCUSSION Statute of Limitations Applicant testified that he first began to experience lung proble including shortness of breath, in about 19 6 1, that he was hospitaliz many.times for this problem thereafter, that he was treated by Dr. Crantz and had periodic chest x-- rays by Dr. Coate. Applicant further testified that he first quit a Job because he could not perform the climbing work involved because of shortness of breath in 1965 when he was working for Plant Asbestos. The social security records, how ever, indicate that applicant did not work for Plant Asbestos in 196 and that he last worked for said employer in 1964. In his Deposition applicant testified (page 9) that Dr. Crantz told h i m in about 19 6 2 to get out of the business and that it was harmful to his health. Ke further testified (page 10 ) that he lost an average of two months of work per year and that Dr. Crantz told him four or five times that he should get out of that type of work. Applicant further testi fled (pages 12 and 13) that he was examined at U.C. in 1964, that a report of the examination was sent to Dr. Crantz who told applicant it indicated what Dr. Crantz already knew, that applicant had .emphysema or asbestosis of the lungs. The a p p l i c a t i o n herein was fi.1 on July 26, 1 9 6 6 . It was concluded that applicant had suffered d i s ability as a result of asbestosis more than a year prior to July 26, n C. 4a a *>%+ ex4 f V k O W I r n o t i i n p I n t h e e v e r M s e rtf' r p p R e n a t - ! ( and certainly by 1964. It would seem clear, however, that applicai should have an enforceable cause of action for an industrial Injur: occurring within one year of the date on which the application was filed. There does not appe a r to be any r e a s o n why a p p l i c a n t 's clai should be barred to the extent that it is based upon a ny period of exposure during employment subsequent to J u l y 26, 1 9 6 5 . Applicant': claim alleges an injury which is cumulative in nature. The medical evidence, including the report of Dr. H o r t o n C. Hlnshaw, Jr., datec October 8 , 1968, (exhibit D-l), filed on behalf of State CompensatJ Insurance Fund, indicates that applicant's asbestosis and present disability is attributable to applicant's continuing harmful expose subsequent to J u l y 26, 1 9 6 5 , as well as to exposure during various periods of employment prior to said date. O n the basis of t h e prir, ciples set forth in the decisions in M i ller vs. WCAB, 33 CCC 6 8 , an Burris vs. Southern California Rapid Transit District, et al., 33 C 419> applicant's claim for permanent disability and for the tempora disability found herein should not be barred by the Statute of Limi tations. Although the cited cases did not involve an occupational disease, the theories are equally applicable to an occupational dis ease case which by its nature is a cumulative injury. Under the pr visions of Labor Code Section 5412, not one, but numerous dates of injury might be found on the basis of the history of applicant's various employments and recurrent periods of disability. The Statut of Limitations should not be a bar to applicant's recovery for d i s ability which has resulted from the cumulative effects of his vario periods of exposure. Serious and w n fni ---- ( ( of continuing to w o r k as a n asbestos worker after being advised b* physician that such employment w ould be harmful to him. Applicant fled that he has worn a respirator whenever he worked with asbestc in California. There is no indication that applicant performed his any different than any other employee or in a manner not anticipat by his various employers. It is apparent that applicant knows no t other t h a n insulation w o r k and that, to g i v e up his t r a d e would be face starvation or, at best, becoming a Welf a r e case. A p p l i c a n t 's duct in this situation does not constitute serious and wilful mis conduct. Form of award State Compensation Insurance Fund protests the form of the awar in that said defendant is required to pay the benefits awarded and seek reimbursement in subsequent proceedings. This is the proper ] cedure in cases Involving cumulative injury with multiple defendants as set forth in the decision in Burris vs. Southern California Rapi Transit District, et a l . , 33 CCC 4 1 9 . Dismissal of Mundet Cork Defendants, Aetna Casualty & Surety Company and Mundet Cork, cor that Mundet Cork should have been dismissed since applicant testifi that his work for M u ndet C o r k `'was back East" and that "he was hire East for that job." A p p l i c a n t 's te s t i m o n y Indicates that h e first c California in 19^5, but went b a c k East In 19^8 for 2 years. H e retu to California in 1930 for 2 years and then went back East again unt 1954, w h e n he again returned to California. The social s e c urity re indicates that applicant was employed by Mundet Cork in the fourth < Of 1953. and also 1n mi__ ( employment by Mundet Cork was found to be only in 1962 RECOMMENDATION: Deny defendants' Petitions for Reconsideration. hg 66 03k 20668 PUETZ SERVICE BY MAIL ON: Smith, Parrish, Paduck & Clancy, 315 Financial Center Bldg., Oaklai Hanna & Brophy, 1540 San Pablo Ave., Oakland, Calif. 94612 (for Argonaut Insurance Company Travelers Insurance Company American Motorists Insurance Company Great American Insurance Company) Kieman,Misclagna & Golman, 142 Sansome St., San Francisco,CA 9410^ (for Employers Liability Assurance Corporation, Ltd.) Sedgwick, Detert,Moran & Arnold, 111 Pine St., S a n Francisco, CA 9^ (for Hartford Accident & Indemnity Company Aetna Casualty & Surety Company) John P. Herlihy, 244 Pine St., S a n Francisco, Calif. 94104 (for Pacific Employers Insurance Company) Fermin J. Ramos, 220 Bush St., Suite 700, San Francisco, CA 94104 (for Industrial Indemnity Company Industrial Indemnity Exchange) Brobeck, Phleger & Harrison, 111 Sutter St., San Francisco, CA 9410 (for Fibreboard Corporation) State C o mpensation Insurance Fund, P. 0. B o x 1010, Oakland, CA 9460Department of Employment, P, 0. Box 1857, Oakland, Calif. . (Soc.Sec. No. 532 - 12 - 4188) ( c O: r:*:*/**'* 3-* iI V* ?**H*# *i i j -** BEFORE THE WORKMEN'S COMPENSATION APPEARS BOARD THE STATE OF CALIFORNIA HENRY C. PUETZ, Applicant, vs. C. F. BRAUN, et al Defendants. Claim No. 66 OAK 20668 PETITION FOR RECONSIDERATION Defendant Fibreboard Corporation herewith petitions for reconsideration with respect to the Findings and Award served September 8, 19 6 9 upon the following grounds: 1. That the Board acted without or in excess of its powers; 2. That the evidence does not justify the find ings of fact; 3. That the findings of fact do not support the order, decision or award; and 4. That the order, decision and award are not supported by substantial evidence based upon the entire record. n ^ c ( early as 1 9 6 2 , lost time from w o r k because of it, claimed that it was apparently related to his work and consulted his present counsel in that year, although an application for benefits was not filed until 1966. In support of d efendant's position that the case is clearly barred by the statute of limitations, defendant adopts and incorporates herein as Exhibit A the Memorandum of Points and Authorities submitted by counsel for Hartford Accident & Indemnity Company and Aetna Casualty & Surety Company, dated December 9> 1968. Defendant further submits that in any event any finding for the applicant should have been decreased.by 50# because of the employee's serious and wilful misconduct in continuing in employment in conditions injurious to his respiratory system, although advised by his physician that this type of work was harmful. With respect to this facet of the case, defendant adopts and incorporates herein as Exhibit B the Points and Authorities Regarding The Serious and Wilful Misconduct of the Employee submitted by counsel for State Compensation Insurance Fund, dated December 6, 1968. Defendant submits that no defense of the statute of limitations could be more valid than- in this case where the applicant supplied his attorney years before the filing of the application and after he had lost time from work because of the injury, with a medical report with his and therefore this stale complaint is clearly barred by the statute of limitations. WHEREFORE, defendant prays that reconsideration be granted and without further proceedings, an order issue directing that applicant take nothing. Dated: September 16, 1969. R e s p e c t f u l l y .submitted, Brobeck, PHleger/ & Harrison Attorneys for Defendant V ER IFIC A TIO N I am one of the attorneys for the defendant named in the foregoing Petition For Reconsideration and make this verification on behalf of the defendant for the reason that the facts stated therein are within my knowledge. I have read the said Petition For Recon sideration and know the contents thereof and the same is true of my own knowledge, except as to the matters which are therein stated on information and belief and as to those matters I believe it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, California, this l6th day of September, 1969. ( (h 1 Se dgwick, detert, moral: & Arnold Attorneys at Lav/ 2 111 Pir.c Street, E l eventh Floor San Francisco, California 94111 3 Telephone: 932-0303 4 .Attorneys for Defendants 5 6 BEFORE THE YJOEKMEH'S COMPENSATION APPEALS BOARD 7 OF THE STATE OF CALIFORNIA 8 9 EEITRY C. PUPJTZ, ) . ) 10 Applicant, ) VJCAB Case No. 66 O A K 2 0 5 6 3 11 -vs- ) ) MEMORANDUM O? POINTS AND ) 12 P H I L I P C A R E Y 2-iFG., C O ., ) AUTHORITIES et al., 13 ) ) Defendants. ) 14 _____________________________________ ) 15 16 Applicant, by his application filed herein on 17 July 26, 1966, alleges lung disability as' a result of his e::, 18 ment for the period 1245 through 1957. 19 The evidence on file herein clearly shov/s that 20 applicant v;as disabled and had knowledge of the reason for h 21 disability at least one year prior to the filing of his apnl 22 Therefore, applicant's claim is clearly barred by the statut 23 Limitations. 24 POINTS AMD AUTHORITIES 25 ( ( 1 L a b o r Code <>5412 2 The date of injury in cases of occupational disease is 3 that date upon which the employee first suffered disability there- 4 from and either knew, or in the exercise of reasonable diligence 5 should have known, that said disability was caused by his 6 present or prior employment. 7 It is a well settled princial that injury in 8 occupational disease cases is when the accumulated effects > 9 deleterious substance manifest themselves, and this would b 10 when the employee becomes disabled and entitled to compensa 11 that is when under the well-established meaning of the term 12 "disability" as used in compensation lav;, there is a ccmbin; 13 of partial or total physical incapacity and inability to wo: 14 Associated Indemnity Corporation vs. Industrial Accident c< 15 124 CA 378. 16 "The Statute of Limitations commences to run \ 17 the employee suffers work disability and knows or in the 18 exercise of reasonable diligence should know, that he is 19 suffering from a disease or injury caused by the employment 20 Argonaut Insurance Company vs. industrial Accident Commissit 21 28 CCC 175. 22 23 ARGUMENT 24 Dr. Crantz's records indicate that applicant 25 r c ') 1 began six days ago and developed productive profuse cough v:i 2 a whole cup of sputum this morning which he describes as nil 3 On May 14, 1952, tho doctor reports, "There are still rails 4 the base bilaterally: and coughing less? some pain in the'1c 5 anerior chest wall due to coughing." 6 On May 21, 1952, the doctor notes, "much imp: 7 still rails in the right base, v/ill keep off work until Jun; * 8 The above' entries clearly show that the appli 9. v.as off work because of his lung disability as early as May 10 19S2. on February 2, 1963, Dr. Dowell in these same records' 11 states that "he is to see the consultant in Oakland soon v.)y; 12 his chest for his attorney, I told him it v.'ould be a good id 13 to get his films and he could use our EKG if he desires." 14 Therefore, by these records, it is clear that in 1953 the an 15 cant had knov/ledge that his disability was related to his 16 employment, and he in fact was to see his attorney about his 17 chest condition. 18 The fact that applicant had knowledge that hi 19 disability was related to his employment is further evidence 20 by Dr. Cote's report dated February 17, 1952. Said report h 21 been made a part of applicant's deposition, which is on file 22 the Commission and concludes: 23 "Pulmonary occupational disease, probably asbestosic." 24 Applicant explains the note on the bottom of 25 c ) ( 1 There is no question but that applicant had 2 report in hie possession and, in fact, wrote on the hotter.' 3 that report a note to his attorney, Joe Smith-. The report A applicant's note thereon indicates that applicant had kiiovi 5 that his disability was related to his employment back in ] 6 which was seme four years prior to the filing of the applic 7 herein. 8 Further evidence of applicant's knowledge ol 9 disability being related to his employment is on Page Six, 10 lines 1 through 15 of his deposition where he indicates the 11 has had knowledge of his condition being related to his 12 employment for some period of time and, furthermore, he cti: 13 that he has been hospitalized perhaps eight or nine times 14 because of his lung condition. On page 7, lines 5 through 15 the applicant again indicates that he has had x-rays for h: 16 lung condition since 1957 and, in fact, the x-rays were pa 5 17 for through a union arrangement. Applicant acknowledges 18 receiving copies of these x-ray reports from Dr. Cote vhic 19 on file with the commission, on Page 9, lines 9 through U 20 his deposition, applicant further discusses his knowledge < 21 his lung condition being related to his employment and stai 22 that as early as 193?. Dr. Crantz told him to get out of the 23 business. 24 On Page 9, lines 22 through psgs 10, line 4, m I j . v -- j . 1. ~ V , ^ e l n d - r\n ( 1 work? A. Some, I don't know hov; much. Not too much. 0- Was there 2 some work you couldn't do because of shortness of breath? A. Nell, 3 I've got so I can't hardly work now. They fire ms every time I get 4 a job. i can't do anything. Q. Have there been any jobs that you have 5 actually had to quit because you hav e n 't been able to do it? A. Yes, 6 going up in the air and that, we do a lot of work in the air. I can't 7 climb. Q.. When did you first have to actually quit a job because you 8 felt you couldn't do it? A. Way back in 1965. I'd say back in 1965. 9 Q. Who were you working for then? A. Western Asbestos. Q. And what 10 vas the nature of the work that you couldn't do? A. It was on the towers 11 at Standard oil. Q. And v:hy c ouldn't you do the job? A. Because I couldn't 12 climb. That v;as Plant Asbestos instead of We stern. " 13 The Social Security records on file herein in< 14 that actually applicant was employed by Plant Asbestos durin 15 the quarter ending December 3, 1964, and as the application 1 16 filed July 26, 1966, clearly this disability predated the 17 filing of the application by more than one year. 18 19 CONCLUSION 20 It is submitted that the medical records and 21 applicant's deposition indicate that he has had periods of 22 disability from time to time since 1952 which is approximate 23 four years prior to the filing of his application. The reco 24 is clear that applicant has been aware that his lung problem 25 ware caused by his employment as an asbestos worker. As y t 1 Labor Code sections cited above applicant's claim is barred 1 2 the Statute of Limitations. 3 Respectfully submitted, 4 H E R T F O R D A C C I D E N T & INDEMNITY CO: 5 AETNA CASUALTY & SURETY COMPANY, Ey Their Attorneys, 6 SEDGWICK, DSTERT, I-IORAN A R N O L D 7 8 DATED: D E C E M B E R 9, 1968. 9 BY f a ' 1J. / I la.y. W i l l i a m r Thomas 10 PARTIES SERVED: 11 H A R T F O R D A C C I D E N T & INDEM N I T Y COMPANY, Oakland 12 A E T N A C A S U A L T Y & S U R E T Y COMPANY, O a k l a n d 13 SMITH, PARRISH, PADUCK CLANCY, Attorneys at Law, Oakland 14 PACIFIC EMPLOYERS INSURANCE COMPANY, San Francisco, ATTN: NORMAN KAYS 15 CONTINENTAL CASUALTY, San Francisco 16 ATTN: J O H N V7ILKES 17 BROBECK,. PHLEGER & HARRISON, Attorneys at Law, San Francisco ATTN: R I K A L E O SCIARC1TI, JR. 18 STATE COMPENSATION INSURANCE FUND, Oakland 19 K I E R N A N & MISCIAGHA, A t t o r n e y s at Lav;, S an Francisco 20 21 HANNA BROPKY, Attorneys at Law, Oakland ATTN: JAMES MCMILLAN 22 ALEXANDER KEENAN, Attorney at Lav;, San Francisco 23 24 25 y 1 B E F O R E T H E W O R K M E N 'S C O M P E N S A T I O N A P P E A L ^ ^ * 2 3 4 HENRY C, PUETZ, OF THE STATE OF CALIFORNIA' CLAIM 66 OAK 20668 LEP i ? |2S FILEL CAitA Vli ^rfiSi 5 Applicant, 6 vs. 7 INSULATORS & ASBESTOS INDUSTRY 0F< CALIFORNIA, LOCAL l6 and STATE 8 COMPENSATION INSURANCE FUND, POINTS AND A U T H O R I T Y REGARDING THE SERIOUS AND WILFUL MISCONDUCT OF THE EMPLOYEE. 9 Defendants. 10 11 Section ^551 of the Labor Code of the State of 12 C a l i f o r n i a sets out as follows: 13 "When injury is caused b y the serious and wilful of the injured employee, the compensation other 14 wise recoverable therefore shall be reduced one half, except (none of the exceptions here 15 apply)......... " ` 16 The evidence in this case shows, through the dcposi i 17 of the applicant, Henry C. Puetz dated N o v e m b e r 8, 1$S8, the 18 following: 19 On Page $ , line 9: 20 Q. Wh e n you were originally treated b y Dr. Krantz 21 y o u e v e r have a n y d i s c u s s i o n w i t h h i m a b o u t y o u r difficulty? 22 A. You mean my lungs? 23 Q. Right. 24 A. Yes, he told m e to g e t out o f the b u s i n e s s . He 23 said its harmful to m y health. 26 Q. D i d y o u malte any attempt to t r y a n d get out of (( (r ) 1 lino 15 through 2C). 2 fiT>*i-- * "U. v W .. . i . . 5 C h e serious end w i l f u l a l s o e n d u e t of a n cr.pioycc cc *1 U* 1X J sS-- V i v w * U w * U [ , j w U w O w v. 5 cui^er and/or serious cud w i l f u l n i s e o n d u c t m u s t b e the 6 appro x i m a t e cause of hie l u x u r y cue! or his condition. 7 F r a s i e r Co. vs. I . A . C ., I S C n i Coup C a s s 3 3, 10 C a l 2 n d 1C2] 8 A s indicated in the deposition, Sir. P u c t s h a d full 9 k n o w l e d g e of his c end it lor: ani. w h a t e f f e c t c o n t i n u e d oxpesu. 10 to ash sot os n i g h t have. Dr. Jlranta i n f o r m e d him. that to c c 11 O wU^ Ur\T* ."5 o0 >i '^NUf w U U v ^ V -vj ^ ** C*>'.W* X? vW* tW*--Wn J* 2 i i t a M a X ^ t l^X *O n v Ji.iX4 pS ' VVa rW* "5kh^^l 12 But, the applicant refused to leave such business end chose 13 continue to expose hinself to asbestos. 14 C h e r a d i c a l r e ports c:i file h e r e i n c h o w that this 15 continuous end deliberate exposure was the prowireate cause 16 the present condition of the applicant* 17 A p p l i c a n t *s k n o w l e d g e o f Iris c o n d i t i o n plus his 18 vrillincnaso to accept the ccnscouoncec of eoivtinuing in the 19 employ m e n t a f t e r b e i n g w a r n e d r.ot to d o s o b y the n o d i c a l c 20 shews a p p l i c a n t * s d i s r e g a r d f o r his o w n h e a l t h a n d / o r safes 21 1`his is serious ar.fi w i l f u l m i s c o n d u c t on his part. 22 'D. Clone.'s H o r s t Coer.-r.ny vs. l.A.C. ? 7 I . A . C * loO, led;- C u V-J 23 Hespectfully submitted, 24 25 orr" t ..... - 26 a' X w.WX^ 1/vX <(, 1 * n H e n r y G. Sanford, Esq., 71*!- Hobart Bldg., San Francisco, Calif. 2 ** S. N o r m a n Hays, Esq., 2 4 4 P i n e Street, San Francisco, Cal C - Sedgwick, Detert, Koran & Arnold, Attorneys at Law, 111 F 3 Street, San Francisco, California c ~ 'Xiernan & Misciagr.a, A t t o r n e y s at Lav:, 142 S a n some St., 4 San Francisco, Calif. c - H a n n a & Brophy, A t t o r n e y s at Lav:, 1540 San Pablo, O a k l a n d 5 Calif. c - Robert C. Taylor, Esq., 233 Sansome Street, San Francisco G Calif. c - J. Patrick Goodwin, Esq., 41 Sutter Street, San Francisco 7 Calif. c A W i l l i a m R. Thomas, Esq., 2 2 0 B u s h Street, S a n Francisco, 8 Calif. - Brobeck, P h l e g e r & Harrison, A t t o rneys at Lav:, Ill S u t t e r 9 Street, San Francisco, California. 10 11 ( ( keceiv DEPARTM ENT O F INDUSTRIAL RELATIO N S D IV ISIO N O F IN D U ST R IA L A C C ID E N T S WORKMEN'S COMPENSATION APPEALS STATE OF C A L IF O R N IA FEB 2 6195; BOARD p , L E c O Dlvb,^ ( Indutfriai a . ahu on cm,c, ANSWER of THE EMPLOYERS' LIABILITY ASSURANCE CORP R o u te n .PTTF.T7.-----------------------------------{INJURE EMPLOYEE) 2 r Box 101-D Q a k le v . C a l i f . Casa No. 6 6 Q A K .2 Q 6 6 8 --------------Date of alleged injury: 1 9 4 5 t h r o u g h vs. PLANT ASBESTOS COMPANY THE EMPLOYERS LIABILITY ASSURANCE CORP. LTB'leT,,*''I0,','*u" ''ete**m,> 1300 64th St.. Emeryville. Calif (EMPLOYER'S AMRESS) 235 Montgomery S t . r San Francisco d.u.i.ccA..u.-..o..) Califorrr (CIR TIFICA TI U K I IF 1RLF-II) ANSWERING DEFENDANTS deny the allegations of the Application as indicated below with such explanations as ex pressly set forth and admit all other material allegations. DENIALS tMARKXIPALLEGATIONIS DlMIKO) _ X _____ Employment EXPLAIN BELOW _ x _____ Occupation -- X_____ . Injury (IFOCMIALII UIIBOK OATSORFARTOFHOT INJURIO, IIFLAIR FULLY) -- X-- Insurance coverage -- X-- -- X-- -- X-- -- X-- -X-- Liability for self procured treatment Liability for future medical treatment Medical-legal costs Earnings Periods of disability -- X-- Permanent disability IT IS FURTHER ALLEGED: (CRICK IF INFLOYIR MAI RU N ROTIFIIO TO ARMAR ARB DIFINO) (QIVE LASTDAYOREE ANCORRECTOATCOPRETURMTOORE) --(IPAAPpPOpRToIOrNMtENiToISnCLmAIMeSn.tSO 1. Defendants have paid disability indemnity in the total amount of $ N o n e _________ at the rate of $_ beginning_______________________ through_________________________________ plus___________________________________ 2. Affirmative defenses and other matters: 1 S t a t u t e o f L ltn i.tati.O n S 2. Lack of Notice 19 week