Document a95gBQVMOz59Rn7gQdmMzNgR
I
SOUTH PLAINFIELD CLAIMS SEPTEMBER 18, 19T2
CLEVLAND CLAIMS ATT: W. C. WANGLER,CLAIMS MANAGER
-SHERWIN WILLIAMS COMPANY C306-17T73 Date of Injury: 12/1/67
The above captioned claim was settled for 80% of partial total disability for pulmonary disability or 44o weeks at $40 per week or $17,600, In addition
it was agreed to reimburse the petitioner $500 for unauthorized medical bills. Attorney fees assessed against the respondent amounted to $1,750.00 and fees against the petitioner $1,500.00. Also, as a result of this settlement it was agreed that the dependency laim by the widow would be dismissed.
The above settlement was based on the following facts. Our medical expert. Dr. Jack York, stated that the decedent died from a metastatic cancer of the lung. History reveals that he smoked a pack of cigareets a day which probably caused the cancer. The claimant was exposed to arsenic and chromates which are established carcingenic agents. Dr. York also concludes that the exposure was over a period time, the exposure could cause or contribute to the development of lung cancer.
was employed with the insured foru a period from April 13, 1934, and stopped working on December 15, 1967. Actually, his actual work ceased about two to three months prior to his death on December 14, 1967. In addition, his employment was interrupted during World War II for a period of 38 months. During this period of time the decedent was in the Navy.
From April 13, 1934 to August 2, 1937 the claimant was employed in the insured's packing department. His job classification was changed to that of sealer machine operator. He worked at this job from September 4, 1939 to October 13,1941. This position was resumed upon return from the Navy on January 31, 1946. This job was maintained until Feb. 2, 1947. At this time the claimant was changed to that of a gang leader. This was a promotion and had responsibilities similiar to a forraan. On 9/7/748, he was transferred back to the position of packer. He worked until 10/11/48, when he was again transferred to a combination blender and finisher. On April 27, 1951 he maintained these responsibilites as well as having the responsibilites of operating a sealing machine added. On 11/7/61 his duties were reduced to the operation of a sealing machine. He worked at this classification until his death.
During the period of employment from the endof World War II to his death, the claimant took four leaves of absences. These range from two to three months each. Our investigation revealed that these periods of time he would help his wife run two beauty salons.
EXPOSURE:
From our insured, we learn that the equipment that the claimant as well as other
employees operated was ventilated with hoods and exhaust systems. Enployees who
were directly involved in the han
required to wear dust
masks.
N40545