Document aJRE40NGYOY9m4915KDoerzeb

TKE COl^OlttEALTH OP UASSACHUSaTTS wsPARut^rr op lai;ok mid ikbuirhiES division op occupation uygi;...'K 236 Congress Street, boston 10 August 19 1952 3-52 P. S. Thorton Conpan7 1/2 l* 3t. South Boston, J-lass# O'"-fc Xenons ' On Aug. 8 our engineer, hr* Eliso Conproni, visited your operations at tho Salon willctrs fowor Station in corecti^n T?ith a Study being naao or exposure ox* workers to asbostos dust during piping and boilor installation# Enclosed is a copy of a report by I.ir Conproni in rhich the findings of this , study are summarized. cattor# We wish to thank you for your cooperation in this Very truly yours. Hervey B. Elkins, Chief of laboratory I'atrinr the survey r.o nix'.nr ocerntion could be found In ce^-jcl . o'*r*r*#thus rrohitt tl r* the tablr.- of air ra^pl-a. Vorr -ver ,u-f.wnro v ':oi ho wfl" t*jp- observed ,o*'*1 ^D^'^nn ran in-truc tC tc n4 x a ICO 'hiha^ of asbestos shc.rtn by - Is fo^e-an. Hurirv the 'ourin- of the try ccmc-t Into the nixi~r box no visible c'urt could - e detected *n *-)c breathlr~ zone or the -is*:* and crly a very s-all cnouor dust ..oulc to sc^r. r. for: inches above the r.ixin- box. The tine that this st roe nmarent res c.oly c potter of seconds nir.ee the osbcs.cs cement t.b irradiatcly ret corn rith. c hose* &f 'thre3 ccpnonlen contacted it was fo*'nd that it is not a compcry ycl ley tc rr.v* chost x-rrys of t1 e ar.ployo*e ta^rr* It wa~ also learned v ; t all members of tx e conr.ani-s contacted bslorv- to or asbestos v-erh-. . union a**c it Is not c union policy te hovo its -embers x-rayed. Of .20 r;cn interviewee 10 had at least one chest x-ray teioon -i thin the. lust five years and three Then had t-o x-rays r.z'-'.er. within the enr-t fiv-' y.nrr. A lerce nur.ber of tMs rroup hod x-rays taken fc-- the State -iobilo X-hny ^nit. - . From observation there die not seen', to be an apparent fust he2ern in the occupation of p \ no coverin'* or in the nixlnr of covert for pins (..' bo1lrr coverir.r# The act al boiler blor.Vrinr operation could no: bo t.-i fcnes?-. t. ii. --i -her?; wra r.o biochin;: .lob in prorresa at the t 'us of the r '- vny. Vor eto information cn this occupation air analyses should V taken chile a boiler blocking job is inpro-ress. inter Office Communication Armstrong Cork Company To Mr. D. M. Wegman, Insurance Department, Lancaster 9/11/S3 Proa J. H; Appleyard, Pensacola 1 rll7'oc Subjea n *4-- * 0 4-S'inr This morning, we received the enclosed letter from the Florida Industrial Commission Workmen's Compensation ! sector indicating a ei g-ijn against Armstrong Cork Company on behal: -.. . '- H \ c* w o vising disability resulting : . .,.,1 asbestosis~contracted during employment during We have- examined the records of our plant and have no file ov. any such individual; however, in the course of his letter, Mr. Durrance refers to employment in or about Tampa, which leads us to believe that this man may have been em ployed by the contract division of our company. We felt that you would want to know about the pending claim so that appropriate preparation might be instituted. JHAjHSI -Enclosure . 37 |.j A.'_ cc: Mr. E. N. Lee Ou~i. w- Form 1501 .10-46 FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE September 9, 1953 .Miss Lucille 8ncvdea Attorney at Lav 606-10 Seyaeld Building Klasl 32, Plorida. Ea: Claia Ho* 5-85602, Floyd Hyatt v*. Armstrong Cork Ccspany, D/A 1JW* & ' 15^5 Lear Miss Snowden: Ve have your letter of September 1 filing claia against Armstrong Cork Ccaoany on behalf of 7lcyd Hyatt for disability resulting froa asbestos 1b, vhioh you state vas contracted during 19^ f-ad 19^5 in 1/ .course of the elainant1* erployaeat. you request that the case c, set dovn for bearing in Kiss! if the eopioyer vill agree, as the claimnt and the doctors lire in that area* , It appears that this natter has not previously been reported to this office; therefore, ve have established a file by,assigning our nusber S-356C2 to your letter, vhich ve are today forvardiag to Deputy Coooisaioner George C. jkCaughan, Mia.il, vlth the understanding that the - hearing vill be held there unless the Armstrong Cork Cospany objects to this arrangeaent* A copy of this letter is being forv&rded to the Arastrong Cork Corpany, self-insurers, and they are requested to ad vise kt. McCaughan If they prefer that the hearing be held at Tacpa vhere the injury occurred or vhethor it is agreeable, for hla to con duct the hearing* / XCslfc co: Mr* George C. McCtughan Deputy Cosnissioner 1051 Seybold Building Miaoi 32, Fla. (Inal. - fUe) co: Mr. j. H. Appleyard, Personnel Mgr. Armstrong Cork Colony P. 0. Box 351 Pensacola, Florida n. r\ v> v // UJi Septesfcer 15, 1953 Mr. P. B. Sdar V-L. P. airiver A.~caey 1501 Ohioa Banh Bldg. Pittsburgh 22, Pa. Sear PaT*: Ve are enclosing a copy of a letter from the Florida industrial Cou- ' slsalon regarding a wjiljam1* cosycnaitioa claim riled by Floyd Hyatt. Heeords Indicate this wn r? **.rp?oyei by oci E&trolt District Office In 1942 and oar JicimanTllla, Florida, Office la 1944 and 1945 a* a building shtchanlo. Our payroll records prior to 1945 hare been deotxoyed. asvwer, 1945 records indicate Mr. Hyatt vas employed la Florida from Jamary 22, 1945, to August 11, 1945, as a plasterer at $1*50 per hour. - In sarmal times ve use plasterers to erect eorhboard. Paring World Var Zl, due to the mapouer shortage, ve night hart used this ran to apply pipe covering. Ssaobey & &ttlse&, nanufocturer of this heat lasulatloa ante* rial, have told us employees have been nanufacturlag this product for years without any ill effects. Cils appears to be a pretty veah claim. Ve assume StaMard vlU reply to the lost sentence la Mr. Pumace*a letter dated Septasher 9, 1953* If yw require additional information, let us faov. FCStAH Bar Insure Very truly ywire. B. C. Schledt, Jr Tax Pepartant September 15* 1953 poors C. ifcCragftna <.:}-r Cfr-lnaioaag 1051 Scyboid Rdldlag &2sl 32, Plorida * *N 1 . , v rtj---ii- --r # Bee- ` I?'--: ` .'a ecjaevladga tie receipt of a espy of a letter vrittea by *,^st to Lias Sasvuea regaruiac; the dlescd disability of .. Our records lari 1 cote Ms E-nit res la e^loy os a building set: la the erection of mcerialo* tics. ?e did nst self-insure this type of verb but had vartesn** -rage vith the ionninrd Accident insurance Company. A espy of Mr* Durrsneo1* letter has been forverded to the agent vho hsBdV.d :u Cteadsrd Aceident aeecusc at that tias* ` - ' Very truly paii fJssTBac cqlx cohpabt ECSUH Copies t:.; ' , Mr. D. B< Edgar ' V-L, P. Shrir& Agency Pittsburgh 22, Pa. Mr. J. 2 Applryard, Pensacola Plant , B C. Sellout, Jr, 2cx Cepcrtnnai . ITI'L'O R>I:D A' t.r. .vc or . COH*CNtATIOM TALLAHASSEE'' fiee of Deputy Commissioner >51 Seybold Building *mi 32, Florida uteaber 11, 1953 J*Mt* T VOCCUC* M. C. WOLft U WCfTON HOOKEY OUAKAMCC OlMCTfi strong Cork Coapany 0. Box 351 . sasola, Florida - aticn: Mr. J. E. Appleyard, Personnel. Manager S-85^02 Floyd Hyatt v. Armstrong Cork Coapany ulesen: above natter has bees referred to this office for attention, ia for benefits under the Workcen's Condensation Act having filed by the esployee, through his attorney. Miss Lucille -den. Copy of the claim is enclosed. '.csordar.se vith letter of September $, 1953> from Mr. Rodney ranee, Director, to Miss Snovden, kindly advise at your very liest convenience vhether it is agreeable vith you for the ring to be held in Miani or whether you prefer that it be held "sspa. You have, no doubt, received a copy of Mr. Durrance's ter by this time. ' * >ing you for your proapt attention to this Batter, I aa . C( : Miss Lucille Snovden Attorney at Lav Seybold Building Miami 32, Florida Deputy Commissioner c 0 P LUC ILLS SNOUDZJT Attorney a- Lav Miami 32, Florida September 1, 1953 Florida Industrial Comission Wortaen's Compensation Division Tallahassee, Florida Re: Floyd Hyatt vs Armstrong Cork Co. Date of Disability, August 12, 1953- s Dear Sirs: Floyd Hyatt files claim against the Armstrong Cork Co. for disability resulting frcm asoestosis which vss contacted during 19~ and 19^5 vita the above named employer, vhile claimant worked at the MoCloskey Ship lards at Tampa, Florida. Since we do not knew the name of this employers* carrier, nor do ve toov this employers' address, ve vish this letter to constitute notice of disability from any earnings as of August 12, 1953> and claimant's knowledge of his condition as of the last week of August, 1953. It is requested that hearing be set on this case preferably in Miami, if the carrier will e~*ee, as the doctors .and. claimant live in this area. Claimant has requested that I represent him in this case. Sincerely, ' . /s/ Lucille Snowden Attorney at Lav p r c I . C`. C *IAIM C * 8Ow *** V,, * *. o ft. MlllR. Vt * | *wi *>lssn *.. * tA ... r. * c l**o* *, A wrmre. ** Standard Accident Insurance Compuny CASUALTY |A$UAMeC 110 CLITT ARC SURETY S00S Claim Department tuhk v. CORYXX. Oak c*<fcorT*mT *".'M ftlOOM BARNETT NAT'L B*NK BLOO. JACKSONVILLE 1. PLA. / September 17. 1953 ?~L* ?. Shrirer Aseeoj, IBOl Union Bank Eld*., a., ttsbur^n. 22. ft an*# . * Attention Mr. I), B. Ed^aT ESt Floyd Eyatt ts Amstro&s Cork Co., . d/* 1?W tad Gentian ant Ve setoovledst your letter of Septeaber 16, 1953. enclosing papers in connect ion with the abort* ' State papart are betas fcivarded today to oar Hinai, Tin* Cilia Office, Kr* Jack Valuer, Claia fieprasentatire, Standard incident Insurance Corpany, 310 Hlraola Mile koad* Coral Gablet, norida, vhsre the natter vill receive* prenpt attention* . ^ Tour* very truly, ;1 r -. ^Xco-Mr. R. C. ScMedt, Jr*, Arastrons Cork Co., Lancaster, Foana. , ee- Standard Aocident I. Co., 320 Miracle Kile oa&, Coral Gablet, Fla. Attention Kr. Jack Valxer, Cl*in ep* . ' / V-L P. SHRIYER AGENCY, Genera! Aoent 1801 UNION BANK BLDG. ~ PITTSBURGH 22, PENNSYlVANtA nw c*m wioo September 16, 1953 R. C. Schiedt, Jr. see Department Armstrong Cork Company ^caster, Penna. ' ,ycar Mr* Schiedt: . Claim No* S-S5602 - Floyd Hyatt vs Armstrong Cork Co. Date of Accident 1914 and 1915 ''? M ncknowledge receipt of your letter dated September 15th, with enclosures, in connection with the above, i. per copy of letter attached, we have forwarded all papers ) : the Jacksonville, Florida Office of the Standard Accident . runce Company for the necessary attention* Should additional information be required, you will hear'further'from either the Standard Accident Insurance O pany or this office. We shall keep you advised as to envelopments. Very truly yours, V-L._P* SKRIVZR AGENCT D. B. Edgar DBF:maw cc: Frank V. Coffee, Claim Rep. Standard Accident Ins.' Co. 401-402 Barnett Nat'l. Bank Bldg. P. 0. Box 359 Jacksonville 1, Florida September 16, 1953 Frank V. Coffee, Claim Representative Standard Accident Insurance Company 401-4.02 Barnett Kat'l* Bank Building P. 0. 3ox 359 Jacksonville 1, Florida Dear Kr. Coffee: Re: Floyd'Hyatt va Armstrong Cork Co.. D/A 1944. k 1915 We are attaching copy of the following letters: Florida Industrial Commission to Hiss Lucille Snowden, Atty. at Law, dated September 9th, 1953# Armstrong Cork Co. to Florida Deputy Commissioner, dated September 15th, 1953* Armstrong Cork Co. to V-L. P. Shriver Agency, dated Septea- ber 15th, 1953. From the correspondence you will note that Miss Snowden is filing claim against our assured, Armstrong Cork Co., on behalf of Floyd Hyatt for disability resulting from asbestosis, which is alleged to have been contracted curing 1944 and 1945 in the course of the claimant's employment. The letter from the Armstrong Cork Co. to us dated.September 15th sets forth the employment record of the claimant. We are also enclosing coverage information for our assured's policies for the 1944 and 1945 years. The Standard Accident Insurance Company covered all operations in the State of Florida, except their manufacturing plant at Pensacola. ^ Would you kindly do the necessary to protect the /Tinterests of thi3 good assured. If further information is A* --desired, do not hesitate to call upon us. qc \ b". Thanking you, we are Very truly yours, V-L. P. SHRIVER AGEKCT ______________ Inter* Office Communication Armstrong Cork Company To Mr, Edward Wegrnan, Insurance Dept., Lancaster From X. K. Schubrir.g, Personnel Dept., Pensacola Sub}ea 9/15/53 Enclosed you will find correspondence relating to 8 compensation claim by one Piny'* wyry. We have no record of ever having einployed Mr. Hyatt at the Pensacola Plant. It is possible that he worked during 19hii-li.5 as an employee in contract operations of the Building Materials Division. We are therefore sending to you the correspondence which we have received relating to this claim. KKS:HSI Enclosure Fom 1501 10-46 FLORIDA INDUSTRIAL COMMISSION . flinty Commissioner w 11 hold i eonferg'c: betwen oil part es m --jj,'iss'on ClVtC?s on j , t *S- I^ITtome pr paredlo l.njt and to the issues. "^C51 S-eybold Bull-- --------------------------- -Florida---------------- ---- Office of the Deputy Commissioner Notice of Hearing Claim No--S--35602 '--- -- - - - ........ - , ,. "rrployee --Tloyd-gyatt^ is cc.ro cf hi a-attorney------------------ ------------------------- Attorney for Employee---- LuoAllo nohriaar -w-4. Employer..--.*,rasirep>-Cos.8;-^T-g,wrftyl r^,iwiffcyy-rM*"ieylMew4 --- n-uia --r.tand&jo Accident Insurance Cu., e/u Plxunj^gJiLruc Ua &"SrsdJo'rtl'y~Attaraeyi Attorney for Employer or Insurer --DIror, r-e-Jarsette & rcdfu:df PiifaL Salluml Ranlr ftu f y1* ' KLanl, Florida TO THE PARTIES ADDRESSED: A hearing willbe held in the above ^ at __ ________________________^ agr---Mnt wf ,rayBatr-Bunufig> }Iorid,-------------------________. a------------------------- o'clock -------- M--------DsceabBr 2VW3-------------------------------------------------------- -------- THIS HEARING IS PART OF A SCHEDULE; IT CANNOT BE POSTPONED WITHOUT CONSIDERABLE INCONVENIENCE AND EXTRA EXPENSE. POSTPONEMENT CANNOT BE HAD EXCEPT UPON STRICTLY LEGAL GROUNDS: ? SUBJECT OF*HEARINC (Here state question in dispute) -- ,,,,.. ,, .. ,t__j-- - ycs'ccrrerrATicn benefits pen cisabiutt ruruurun: prom Ac^rrrccis c^iuc-ed ----------- astas-ira 1945 mtiis L-gicij; Ai ixChetli' Ln^.j llhj?, :ami'a, cic.-dzi---------- - : --- ." r. ~ ^TT31________________________________________ The parties*5o this hearing should arrange to have all witnesses present to testify promptly at the time and place above giren.j (Subpoenas will be issued upon request of parties or counsel.) The right is reservedvh> take such action as the law permits if either party fails to appear at the time and place set for thi< hearing. . " iORIDA INDUSTRIAL COMMISSION CCt Above Parties, TaUnhaeeee Cffict Peg* to Carrier1a Attorney t, _ . October 30, 1953 c-sadard Aceident Xnsrurcnee Co* 214 South Fifth St* Philadelphia 6, Peana. . -ntlcaeai Attention! Hr. H. Johneon File 1*433938 _ V* admovledge the receipt of jour letter of October 26 concerning ...lleged occupation^ disease suffered by Floyd Hyatt* Payroll detail prior to 1945 has been destroyed, hoverer, our indicate the following *ages vere paid in the periods indicated* Fourth quarter of 1942 esployed in Michigan $157.64 First quarter 1944 Second * Third Fourth Eaplcyasat occurred in Florida $715*50 996.75 834. CO' 453.75 1945' eaployaeat detail in Florida follows Veafc Eaded Total Sours Total Vares 2/23/45 2/30 2/6 2/13 : 2/20 2/27 3/6 3/13 3/20 3/27 4/3 4/10 U17 4/24 5A 5/8 5/15 5/22 . 16 40 32 16 48 43 48 48 48 40 48 48 48 48 40 56 - 40 48 $ 24*00 60.00 43.00 24.00 78.00 . 78.00 78.00 78.00 78.00 60.00 ^ 78.00 78.00 78.00 78.00 64.00 78.00 66.00 78.00 . Standard Accident Ineurnnce Co October 20, 1953 ) ' * Veek Tnded TotAl Hours . Total 5/29/45 6/5 6/12 6/19 6/25 7/2 7/9 7/16 7/23 7/30 8/6 . 8/13 48 48 48 48 52 48* 8 48 48 40 48 40 Total t 78.00 78.00 78.00 78.00 93*00 81.75 12.00 78.00 78.00 66.00 78.00 $2>03S:7l Hyatt's original aployaant started eopsttae in the fourth quarter of 1942 and teraiseted due to 8no vcrhr August 11, 1945. Cue to the tight labor market during the var, It la quite possible Hyatt vas employed as a pipe coverer. Since you did not enclose a vage etatenant in your letter, do not hesitate to contact us if ve failed to glre you all the information ordinarily appearing on the vage statement. ` * ' , Very truly youra, ' ' i ; APMSTHJHG CCRS CCKPAIX ECSJnHJH E. C. 8chiedt, Jr* Tax Department o / aX\ u L^JicA \'-,rCL ,' 'fc <* %/r. II z 3 ) Cfq \ V&.c & 2 \ 0 Z-^.O o 4^,,7 r S' \.$-Vo 7, 7*a*-' / C. V A M ^ATtJ, r'.l-. P I l*OW * Kl A }*** U. ** * J p NACKC*. xi *. *. w.k>c ... C A >.(. .. t ,atom. ... < * A WtTC. v-t. * Slandard Ac cideni Iusupance Company 4r SAMUEL J. CAHR dtuaorr ei Casuait* "H'l/iCf riDCUTT AMO SU*TT IOIOS Philadelphia Branch Office fTANOAMO ACCIOCN1 CUIL&INO 2U SOUTH FIFTH ST. Philadelphia , Penna. rnoNt to Armstrong Cork Cocpany Lancaster, Penna. Vj * / October 26, I953 Att: Payroll Section Re: Pile #1+88988 - Armstrong Cork Cc Floyd Hyatt - Acc: T Gentlemen: Luring the years I9U+. and I9U5, this company v&i the Workmen's Compensation Carrier for Armstrong Cork Company. # . We hare been advised by our Tacpa, Florida Office that during this tine you had one Floyd Hyatt in your employ as a plasterer. It is alleged that during that tine Kr. Hyatt vas working at the McCloekey Shipyard in Tampa as a plaste're: imd due to the shortage of employees vas used to vrap pipes vith asbestos. Recently his attorney made claim to the Worknens Compensation Division for total disability as a result of contracting asbestos is during this period of working in your employ. We are enclosing a wage statement ana request that you complete sane. so, it is requested that you advise us, if possible, when ' Mr. Hyatt case tq^ork for your cospany, when he left your employ, his reasons for leaving, and if possible, any period of time in which while your employee, he would have cone in contact with this asbestos saterlal. Thanking you in advance for your cooperation, I renain, Very truly yours, H. Hotnson Claim Repr. SJ:dd - '-Jv-V- C r m* m f % O'fcs. ' * **' c. a. ttie. <*** *. j.p. aackc*. >u *#< "*k * t kAVMQM " A W-.TJ ... -. . -- Standard Accident Insuranco Company CASUALTY IISVIAICI * FlDCUTT A0 SUACTT tOOJ .uei. J CA*n Armstrong Cork Company .` .aiicaster, Penna. Philadelphia Branch Office STAMOAftO ACCIDENT BUILDING 214 SOUTH FIFTH ST. Philadelphia c. Penna. December 21, I953 rnoNt we miu R. C. Schiedt, Jr. Tlc- Separtment . Re: File #168988 - Armstrong Cork Floyd Hyatt Pek.r Sik*. .. you very ouch for your prompt answer to our letter of October 26th, '953* requesting wage information on the iove claimant. vhe vrlter has been endeavoring to get a specimen of the type covering ueed wii the Job v&icd you aid at tne McCrcskey Shipyard in I9I4 and I9I5, but to date X Have been unsuccessful. I called at the manufacturer of this asbestos pipe covering, the deasby & Madison Company, in Ambler, Penna. and explained, the * situation, but they felt that they could not give the material directly to me, frutather requested that I have someone from the Armstrong Cork Ccopany go through the process, and if the material vas available , they would supply the same. e desire to get a specimen of this material in order that ve say have it .'.nalyted -ass At this time X request that if you do not have some of the material on hand at your plant, would you kindly write to JSjeae^Madieon Company try and secure some of the same? . Thank you very much for your cooperation in this matter. Yery truly yours, ' H. Johnson Claim Repr. SJ:dd fl m *C4. * fVk'^ *.>..i / ] |IOwn m S 4 Wiww C. x x>*. *** Si 4 J 4 MAC XC . *>* Si no riv4C* ... t i wilnCi <*.. * C l*KO. !. !,. * C**^,a &.< " A WRItC.T.(i*.|.M S land arc! Ac ci cl on l Insurance Company CASUACTT IJUIA(( flOClITT ANQ JUETT | 0 N 0 ) CAMUCLJ C**______ ACMOOCT Vt-4XOX0<T Philadelphia Branch Office $TAND**0 ACCIDENT SUILDINO 21J SOUTH FIFTH ST. Philadelphia 6. Penna. Arnstrosg Cork Company lancaoter, ?ema. December 21, I953 SOAC CO 4SlA Att: R. C. ScbiedtJr. Tar Department Re: File #1*60936 * Armstrong Cork Floyd Hyatt Pear Sir: . Taste you Tery much for your prompt answer to our letter of October 26th, 1?53> requesting wage information on the sove claimant. Che writer has been endeavoring to get a specimen of the type covering used on the Job which yon did at the McCroakey Shipyard in I9II and I945, but to date 1 have been unsuccessful, X called at the manufacturer of this asbestos pipe covering, the eaaby & Madison Company, in Ambler, Penna. and explained the ' situation, but they felt that they could not give the material directly to me, butather requested that X have someone from the Armstrong Cork Company go throng, the process, and if the material vas available , they would supply the same, We desire to get a specimen of this material in order that ve may have it analyzed At this time I request that if you do not have some of the material on hand at your plant, would you kindly write to eaety*Madlaon Company try and secure some of the same? .* Thank you rery much for your cooperation in this matter. Very truly yours, ' H. Johnson Claim Repr. SJ:dd  J FLORIDA INDUSTRIAL COMMISSION lOROITH'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA CLAIM HO: Eir?LOTTE: S-8S603 DATS OF ACCIDENT PLOTS BTA7T C/O iA'/vUes AOS-SIO LC/LclJ building I'm 3D, zsLoirDt: Represented by: : LLCJLU SrOTDd Jtlcr&j/ i I<# P0A-510 ScyLoM telldlftf SU*N- F** Ttv-riPr. AasTipfO ccrx cauAjrr 1 jjac-astcr, ieAAsyirsaiA . CARRIES: STATSHC ACCJD13TT 1RSD3URCZ CCKPAIT 020 Miracic Mile Ccrii Genie*, Flap14a Represented by: sizar, seJASsnrc * srastcks Attorney* t La First TUtioael 9*aR SulldlAf 2U*aa 32, Floriw* 195 Coapeasttioo Order Srpety Ccoeieeioaer George C. McCeugbss 431 Cejjoia i-ildiag lU~Ai, Flcr.ui flo?d Ilyatt . irutracf Cork Co liter dua aotloa to tba partlss, a haariftf o* tba aboi aatltlad dial* vaa coeductad bf tba usdrrsiroad o,pvty Ccaiuu *t Siaai, la Dad# County, Florida, oa J.-.auary 5, 19S4. tJpoa consideration of tba atideoca praaaatad la ravage of auek dais, tba uadarsJf&ad 8#patf Conlaslosar find* tkatt i 1. ft# florid* Industrial Coauiioa has Jurladietlea tbs partial tad tbs aubjact natter. I 1. Tba claimant tv* aaployad by tba brmstreaf Cork , | Ccoptny duria* tba Tsar* 1944 and 1945, at tba UcCloaksy Ship Tj I la Ta*paf florid*, as a building nacbaslc sapatad Ik tba aractie II : of insulating notarial, wbieb occupation rsquirtd tba olaiaaat t vork 1* a coafiaad apaea vitk blocks of asbostos material aad to ba coas Lastly oxposad to asbaatos dust. Thick raa so da&sa as to ff bis glasses and paaatrata bis oars, boss, neotb aad ayes. 1 I tba coots# of tbls vork, tba olaiaaat labalsd considerable quant tisa of tba asbaatos dust. Purlkg tka last tblrtaaa aaaks of bl employment by tba employer, tba olaiaaat*# arartfs vaeklf aaral* vara $dd.3S asking hi* rata of eoapaasatlom $23 per veok. At tka first kaarias, tba carriar eontrowrted tba cla o* tka ^ocad tkat tba statute of limitations bad r against tb olal* *ad that tba employer bad sot bad aotica Tltbia tka tiaa r> qolrvd bf statute. Taatlmosy revealed tkat tba olalmaat began to ba abort brsatb la 1943 aad to thereafter bars a alight cough, bet did oo> saak medical attention cstil ba vaat to Ek, kruaaar for treatment la hateeber of 1912, vbo diagnosed tba ailment aa being silicas!* !! Tbit axaaiaatioa ra* oecaaiooad bf a ebaaea s-ray takas bf a Coo* eusltx Ckaat Mobile X-ray Unit during a tuberculosis prevention 1 drive. m Acgust 31, 1933, tba claimant raat to &r, laaae 8. Clppos, bo, after aa extensive axaaiaatioa, diagnosed tka clalmaat*s eoeplnint a* being asbestos!* directly attributable te \ i tt* eft?lm*ht Vitb th* pl67r. Til* vu th* fir*t tie* th had any ihkliaf that be ru nufierinf ircm *p*ttou il Tiaraalter, oa September 1, dim ru filed cm behalf of dm Tor cc*:p*a*ati.oa on th* bull of nabeatoti* u am occupational dlieiii, and. oa fteptraber t, 1923. a aotic* via nailed to th* ployer, vhleh vis ackaovl*df*d by letter of 6*pt**br 11, 1953 irem th* employer.. I Dr, Clppea testified befor* th* Deputy Coanlseioaar ' I' I th* c iaiaant v* p*maa*atly totally disabled and vould contur. I| to b* *o for th* r*st of hid lif*. Claimant teotified that he | unable *.o bo uu. of bad for nor* thaa a vary abort period of ti E ami ria tnabia to do aay fora of labor. B* described la detail | tfir -* . vi.'.uU ho worked with tbo employer, tad th* d**eriptiea of th* conditions verc thoee a* dtfouribod a& lliaiv f to ctuae th* disease by Or. Cippea. I Th# insurance carrier** oa)y Uotlaoay wee la th* ut n of th* report of nr. X. Jay JUpoo, rho found th* elaiaaat to b r suJfcriac from pulmonary empbyMna and bilateral pelmcaary _ ^ flbroeis. Th* Deputy Cr--naloawr find* that th* claimant do** oof far from aaoeotoeia, ao t*tlfl*d to by fir. Cippwe, aad ta a 1 direct remit ofhls employment by th* imtroai Cork Compear, *thsttb* oaa* fall* withia tk* provision* of Chaptmr 440.18-1 a* occupational dl*aa**. Tho Deputy Cemisslcmar interpret* th* requirement foi notice to tk* esploywr to b ootieo vithla 60 days of tho tin* i claimant become* a ware ot th* nature of th* injury or occepatiei disease, and tk* Deputy CoMiastoner find* that aotlo* m flm vithla tk* time required. Th* Deputy Commissioner farther find* that th* rat* oi j! compensation i* that vhlck *a* la effect at th* tia* of tb* ex| ponn of tho claimant to a*b*too duet in 1948, te-eit, $13 p*j | reek. L vrmirrrgg. it lo th* order of th* nnd*ri**d Deputy I COTiinlcaar thit tbo employer, Irastrcag Cork Comply, by it* inouranco carrier, Standard Accident Injuries* Company, da: 1. Pa7 cliiaat, Floyd Eyatt, ptruMst total diaaii ecoponsatias ftcm August Id, 1962, at tbo rata of 222 par eh. 2. Furnlob claimant ouch medical benefits u the u*tu of bio conditio* duo to tbo occupational disease roquiroa. . 2* Sty tbo charges of Dr. 2. C. Srnnaor ud Dr, Xaaae B. Cippoo, for examination end medical treatment, tltbib tbo iia pToeeribod by tbo Medical 7h Schedule, and reinsures claimant I such payments am bo may bar# mado tooard tbo chargee mado by tb physician*. . - 4. E* inheres claimant to tbo oxtomt of 239.25 for drt end m^dioinec purchased by bis at tbo direction of Hr. 2. C. Srunaor la tbo troatsoat of tbo occupational disease. 5, Pay to Lucille Sneedsa tbo eta of 2500. am a rtuc able fe* for tbo oorrieoo performed os boh*It of olnisamt boroii DCXX AMS OinraXD at Miami, Florida, tbim 1 day of January, 1954. V- BsasrrrtoOTCHxrr ------ 1] --ft-f Florid* Induotrial Commission (im) CCi P-rties Attorneys yiorida Compensation Sating Bnroaa This is to certif? tt a copy hcroof hno teen sc: registered call to tho cl: end to tho orcployor at th bao>rn address of oacn. tn I3k.day of Florida ::: ByTOi v 1Z * U''l S |lo* ** >* A K *( *< s A maCa(X. >< ( A ikitN'O , . , C kAT-ON --- * A WMltC ----- - - ,|- Slandard Aeeidcnl Insurance Co in]> any CAMun. j. c* XQlO'-.l CAlUALTT |5U*AC< AlptuTT AMO $UCTT OOmOS Philadelphia Branch office CTANOAMO ACCIDENT auiCOIMO 114 SOUTH FIFTH ST. PHILADELPHIA. . PO-INA. Arostror.2 Cork Ccnpony Lancaster, Renna. March 15, 195^ PMONC U2 a-cm Att: R. C. Schiedt, Jr Tar Dept. Re; Our file I*-WJ8988 - Armstrong Cork Co. Floyd Hyatt m 2J. acknowledge receipt of your letter of February 12, I954., Vitu to take this opportunity to thank you for your cooperation. lev. requested that I let you >mov if ve did not receive the pipe covering vithia a week, and inasmuch as a period of three weeks has now elapsed and ve have not received the requested caterial, will you kindly check see ir the caterial has been shipped. Very truly yours, E. Johnson Ciain Eepr. H:dd L^ February 12, 1954 v'd Accident Insuraaoe Company South Fifth St, Philadelphia 6, Pennsylvania ' " Attentioni -Hr* H, Johns"?? la reply to your letter of February 11, I hare arranged to Bend iaetioa of the pipe covering requested* Let ae lenav if you don't receive it vithln a veefc* Tory truly youra, AIKSTFOHG COPE COH?m R* C* Schledt, !p# Tax Department * \ U ft " * C . K<t<H * * ** 4. P. maChC*. ***<<* r t is > :> * t ........ .... C.. ' M A WMlTC ** -- Slnmlard Accident Insurance Company tuum utiwuAnci riottiTT amo sw*ctt aoos tiMueuj ca *U>DO^ ViS fev#cw* Philadelphia Branch Office STAnOADD ACCIDENT 9UILDINO 2\4 SOUTH FIFTH ST. PHILADELPHIA 8. PNNA. 'xet to > rm Armstrong Corfc Company Xencaster, Fenna. February 11, I95I+ *Att George C. Scheldt, Jr Tax Department Re: #^38980 -- Armstrong Cork Co. Floyd Dear Sir:" When I wrote you on December 1, 1953; requesting that if possible, you get a sped:..,;: the type of asbestos covering used on the job which the Armstrong Corh Company did at the McCloslcey Shipyard in I9tih end I9U5, in the state of Florida. We find that this material had originally been manufactured by the Heasby & Kushieon Company in Ambler, Panna., and while I did approach them directly they felt that a request for the material should be made by the Armstrong Corh Company. As you probably ler.ov, thie case has rather serious potentialities y end if it is at all possible, we would lihe to ret some of thiS"a8oeflwa material for analytation purposes. If this material is noterailcble at this time, however, it would be appreciated if you would advise the writer of sane in order that I can co=smicate with our Florida Office ana fceep them abreast of this sltuetion. Thanhing you very ouch for your cooperation in this matter, I remain, Tours very truly, BJ:dd 2 al iN tm ucnoN t Hareh 29, 1954 Standard Accident Insurance Cospaay 214 South Pifth Street Philadelphia 6, Pennsylvania Genileaeat Attention? Kr, H. Johnson Please let me kaov isediataly if you have not received the pipe covering* . Very truly yours, AttlSTPDNG COPS COMPAPI ECSjrtHCH C. Schiedt, Jr* Tax Departaeat D j* *-- * M *V*t ' i * r j. new*. l . K KliM H1 A > V * ACKC*.*C* *-* C *w*n^,Cfc . .. * C LiOO* . < Cw~>*-.- (*** * A Wwl'C * _ Standard Accident Inwuranee Company iauucl; c* UiDOrr vicj casualtt lasvuicc 'loeuTY amo 5u*cyt ionos Philadelphia Branch Office STANOAftO ACC10CNY eUHSINO 214 SOUTH FIFTH ST. Philadelphia . Penna. AR 1 L 195^ mhonc to j-rn* armstr^g CORK CO* LANCASTER, A ATt: r. c. SCHIEDT, JR. re: cur file #f--1^8933 ASSURED: ARMSTRONG CORK CO. INJURED: FLOYD HYATT accide^t: unknown DEAR SIR IN REFERENCE TO YOUR letter of MARCH ?Qt 1954, INQUIRIN'; AS TO WHETHER WE RECEIVED the ASBESTOS ?IE COVERING, it HAS BEEN RE CEIVED avD WE ARE FORWARDING TO OUR FLORIOA OFFICE TO BE ANALYZED. THANK YOU VERY MUCH FOR YOUR COOPERATION IN THIS MATTER, I REMAIN", VERY TRULY YOURS, HJ : F3 Hy JOHNSON CLAIMS REPRESENTATIVE / FLORIDA INDUSTRIAL COMMISSION TALLAHASSEE, FLORIDA March l, 1954 FILE HO: 170 RULE HO. 12 CF THE COMMISSION'S RULES OF PROCEDURE; AND RULE 28 (e)(1) AND (5) OF THE SUPREME COURT RULES. SUPPLEMENT TO RULES OF PROCEDURE IN WORKMEN'S COMPENSATION CAS BEFORE THE FLORIDA INDUSTRIAL COMMISSION, ADOPTED BY THE COia 1 IK REGULAR SESSION FEBRUARY 8, 1954. , RULE HO. 12 Effective February 1, 1954 Record for Revile* by the Supreae Court; Petitioner to File Directions lor ' Preparation of Transcript when Record Exceeds 75 pages. . (a) Thee the original transcript of the proceeding before and the order of the Deputy Coaaissioner vblch eere relieved by the Full Coaalsslon, together vltb the originals of any notions or other instruments filed in connection with such review, and the original order of'tbe Full Coaalsslon sought-to be reviewed by writ of certiorari filed is the Supreae Court of Florida, exceed 75 pages, at the tlae copies of the petition are served upon the Coaalsslon and other parties, counsel for the petitioner shall file vitb the Coaalsslon written direction* for the preparation of a transcript of such parts of the record he deeas essential to dispose of the question raised and shall serve a copy of such written directions upon each of said partle or their counsel. Within ten days after service of the petition on the ConaiS6ion and other parties to the cause as required by rule of the Supreae Court, the Director of the Workmen's Coepensatlon Division shall file in the Supreae Court a treason of such parts of the record of the proceedings the petitlooer seeks to have reviewed as counsel for petitioner shall have so directed. (b) When any parts of the record not included in the transcript filed in the Supreme Court in accordance with the directions of the petitioner are deemed by opposing counsel to be necessary to the disposition of the question raised, opposing counsel may secure from the Commission for proffer in the Supreme Court a supplemental transcript of such other parts of the record as they deem necessary. . (c) The party at whose direction subh transcript or supplemental transcript is prepared shall pay to the Commission the cost toe prepr.-ation of same, which may be assessed as costs in the case, unless such party is relieved of paying same as provided in paragraph (c) of Rule No. 6. RULE NO. 28 (e>(f> AKD (g> OF THE SUPRSUZ COURT RUIZS f! "Certlorarls in Industrial Cases -(c) Orders of the Florida Industrial Cooaissioo I entered pursuant to Section 440.25, Florida Statutes 1951, a* amended by Section 8, Chapter 28241, Lavs of Florida, Acts of 1952, shall be reviewed only by writ of certiorari pursuant to Section 5, Article V of the Constitution upon a ' petition filed in this Court within sixty days fro* the date ! tbe order sought to be relieved was entered. The petition by ; | nature amounts to a request to exsreise tbe Court's discretion, ! and if granted, tbe questions raised rill be deter: : Being tbe order of a Commission exercising quasi Judicial ponr !| tbe Court will not only determine whether or sot tfc't proceeding i accord ulth tue esaentla.1 requirements of lav, but if found to 1 meet this test will then deteraine whether or not there xs ! adequate, sufficient or substantial legal evidence to sustain ij ) the findings of tbe Coaaission. The Court will not weigh the ! I probative force of conflicting evidence but will eo&flne its examination to the nature of the evidence relied on to sustain the order. If the petition is denied so opinion will be erritte -(f) Tbe Florida Industrial Coaaission shall be made a I party respondent to every petition filed under this rule and at the tl&e tbe petition is filed in tbe Supreme Court the ^petitioner shall give notice thereof to the Industrial Commissi | and other parties to tbe proceedings by serving a copy of the [petition upon each of said parties or their counsel, together ij with a copy of the supporting brief of the petitioner. -Transcripts of Records in Industrial Cases "(g) within ten days after service of the petition on tbe Industrial Commission and other parties to the cause as '{required by this rule, the Director of the workmen's Compensati Division shall transmit to the Supreme Court the original tran- n' script of the proceeding before the Deputy Commissioner which : . was reviewed by the Full Commission, the originals of any motions, or other instruments filed in connection with such review by the :! I; Full Commission, andthe original order of the Full Commission i: i! t nought to be reviewed, which shall constitute the record-for-review ! i! by the SupremeCourt; provided that such record.be not over 75 - imager. . In the event it exceeds 75 pages, the Director of the -i ii i jCoamission shall file in the Supreme Court a transcript of such I i jj j` 'parts oa the record oi the proceedings the petitioner seeks to . ij it have reviewed as counsel for petitioner deems essential to dis- i; jpose of the question raised. Unless shown by opposing counsel \ itoxbe necessary, no other record shall be required." ij i FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE flay 4, 1954 Ur, Duano Anderson Dixon, DcJarnette U Bradford Attorneys at Lav First National Dank Building Uiani, Florida Be: Floyd Hyatt rs. Armstrong Cora Co* Clala No, S-35602 Dear Sr. Anderson: Enclosed Is a copy of the Order of the Full Cozslssion in the captioned cause, which was entered and copies sailed to the parties on day 4, 1054. Also enclosed are copies of (1) Buie Bo* 12 of the Ccsnlssion'e Rules of Procedure; and, (2) Buie No* 28 (e), (f) and (g) of the Supreae Court Buies. These itens are cot enclosed to encourage further litigation but are set forth ceroly to infora any party who cay desire to contest the decision of.the Full Cocaission of the correct procedures to he followed.*'/; -N /r\ Tory truly yours. BP V Enel /V:^ ~ i \\ / BuJliEY DyR&ARCS Director^/ Br. Floyd Hyatt (Reg*) hiss Lucille Snowden Armstrong Cork Co. (Reg.) Standard Accident Ins, Co. Br. Georgo C. UcCaughan Florida Coap. Rating Bureau COPY FLORIDA INDUSTRIAL COMMISSION VORKMEN'S COMPENSATION DIVISION TALLAUASSEE, FLORIDA Cl H NO: S-S5C02 DATE OF ACCIDENT August 31, 195 * * FLOTD HTATT c/o Lucille SaoTrdea 000-810 wD?bold Duil&lag Hiaai 32, Florida Represented by: Lucille Snord-a Attcme? at Lae vk- : , , . - . . V > -* . --ii: A'STROOT COST C0?AS7 I a oa a ter, Pcnaayiraaia STARSABD ACCIDSRT IES03J3C2 CDHPAJfT 320 Eirael Vile Coral Cable*, Florida Represented by: Dixon, DoJaraette h Bradford First Rational Bimi Building fliaai 32, Florida COMPENSATION ORDER Tils cs.:t6e cere ca to to beard uron application for r<r.; of an ordor by tho deputy cosaissloner awarding coapcacatio xof .* occupational disease of asbestosts. There 13 substantial competent evidence In the record to ^ort the order of tho deputy* The enploycr contend* that & St; te of limitation ban run against, the claim. Certainly tbs i! tvo : -T period for filing a claim under section 440.19 had uot li I: c rroS: upon the date that the claim warn filed* The tins of ;or an occupational disease is tho data of an employee's ' .. -r'V'Oi, * actually incapacitated. The claimant was not totally v&vud by tho occupational disease of ashes tosts, as is reqiT- rr.) . < " T>. ~ before compensation can be paid ratter se/--: '*40.153 until August I2r !&*&*, Claia was filed on September and notice given to the employer on September 9, 1953. j. ct d above, the two year period for filing a claim is satis* fid ! . the requirement of notice within ninety days to the ec?ioy< ier section 440.151 (7) is also fulfilled. ! The employer contended, upon oral argument, that since fl:. .V ; : latum required death from an occupational disease to i ' occur ...bin three hundred fifty weeks after the last exposure to be cor;;. .-.sable, then they could not intend for more disability : to be compensable if it results after the three hundred fifty i' weeks* so section 440*151 (1) (a). This contention entirely j overlook the fact, that silicosis, asbestos is or any duat diseases are trer^-wd separately in subsection six of the occupational i : i disease ^wrticn of the law* This section appears to recognise that , . j these diseases usually develop over a period of years before they j i j r j-become hr.rra. Therefore the provision in subsection six, that ! li v j! disabll!';-- or death fr*o *`v`" * * ' ` ' 1 ; to any occupation unless during the tea years preceding the date | o f, disablement the employee has bee a exposed to the da3t over a period of sot less than fire years, refutes the ccployers argument in this regard* Cartalsly the period of three hundred fifty veefcs ms not zozjjt to epply to & disease that ordinarily does sot !i cake its ^pearaacs fcnoro before five to tea years after exposure* i! ' )| Although the natter vas not broushtspecifically to |: our attention, it appears fro* a study of the record that there is no c-Yidenca to substantiate the deputy's emrd of permanent total i i disability fro* the date of August 16, 1355, The claimant first | ' -Tan to lose tine Iroa rorh in October of 1052 by his own. Uhe did r. her-v^r tci. : mrsil August 12, I. | the order of the deputy appears to be la error in this ' . . vc^ i ! It is thereupon, The Order Of The Cosnl&sios that the order of the deputy ccssaissioner be and tha aaaa hereby is aodified to indicate that the claigsnt is entitled to percaaent total disability compensation fros August 12, 1353, at the rate of $22 per seek rather than Iron tha date of August 1C, 1352, It is farther i i Ordered that the order of the deputy cosnlesionor, other than ns codified above, bo end the ease hereby Is affiraed. It Is further Ordered that the employer, by and through Its carrier, shall pay to clnlaant's attorney the eua of Three Hundred Teenty- i tire Dollars ($325), rhich is a reasonable fee for representing the claimant in this cause before this Cota)salon. ! Done and Ordered at Tallahassee, Leon County, Florida, >v^ this TESAx day of '5^ l. D. 1354. 3 2AL) TLSXZVA ISSSSTSIAt GRSIISSXOH /s/ Janes T. Vocell 3Zlf25"~t, YOCuCUu, ctnlxora /s/ L. R. Weston L, kca&ar *. oyd Eys-^-w ' Lvcllla *nowdaa 1 A>vagtron.w Cork Cosrany r' jidard Acc.i /-> at lasorcoce Cospsar lii^oa, UaJernette a Bradford Booaty ' rida Coci>sRk?rtr. R? tins? B'^cw this is to certify that on this* tbs d-'.y of YyuXaj ___ 1*554, fljeaw* Order 'as sotared and a copy want by re?lstemd sail to each inter ested party at his last knows address. noauu xjfDCSTRiAi aaaazsioa -3 flOeAalOuAdiIN'iDcUe9oTMAuIAtCiTiCooOMeMivIS*'S^I*O- N FLORIDA INDUSTRIAL COMMISSION CLAIMANT 13 REQUIRED TO BE PRESENT A'CD April 7 1050 Seybold Bldg, 19. 58 PREPARED TO TESTIFY Kiani 32, Fla. Office oLthe Deputy Commissioner /INITIAL / NOTICE OF HEARING Clrrm No. 3*35602 DA 1S44 k 1045 Carr. #76-C-488988 Employee. Attorney for FLOYD HYATT,c/o Eaplaa k Ser & G08 Scybold _Bldg,_ /jjlaal 32 , Pla. Employer. APJJSTEOXG CODS CO., Lancaster, Pa, . STANDARD ACCIDENT IKS. CO,, 1120 Ponce deLeon Boulevard, ) Insurer----------------------------C6r3.X-guCTeS-t-Ta.-------------------------- !--------------------------------------------------------------------------------- 1 Attorney for Employer or Insurer---------------- -------------------------------------------------------------------------------- ------ -- TO THE PARTIES ADDRESSED: 1050 Sevbold BUr.. Uiani. Fla. 2:30 oV.lcvV P w . . . . Vrvnrtfivr Vfs-v W 195R. THIS HEARING IS PART OF A SCHEDULE; IT CANNOT BE POSTPONED WITHOUT CONSIDER. ABLE INCONVENIENCE AND EXTRA EXPENSE. POSTPONEMENT CANNOT BE HAD EXCEPT UPON STRICTLY LEGAL GROUNDS: SUBJECT OF HEARING (Here state question in disputei__Tp_ determine aerlts of claim for continued compensation benefits, attorneys' fees, 20% penalty and interest. should nr/nnse to-haye jUI jvicnesses-present to, testify promptly at the time a^/^I>(ce^^ve;jfivenf^(SMb,ppehM','Wyi"b^issued apoa^equest-of.irtie*-6r'eoujnie!.V`"*r ' A v The ripht is reserved to take such action as the law permits if either party fails to appear at the time ynd place set for this hearing. FLORIDA INDUSTRIAL COMMISSION CCt Parties Certified to carrier ____ mrernv v, envw-------------------------------- Deputy Commissioner T. April 11, 1955 \ Hr* B* R. fihrirar 7. i. P* Scrivar Aseoey 1801 Oniea Beak Building Pittabargd 22* ?&* 1 Paar S'.."/; *' Subject* Tloyd Hyatt - Tlorida Vortaea*# Ccapaosation Cl&ia Va prenaa Standard Accident Insurance Gsrpcny racel/rad a notice of tha baarlsf Hay 12, 1955, bat Just in cast, va cadoia & oopy* ar7 truly yours, JB In do flora R* C* Bebiedt* Jr* lagoraaea P#partat Fldclrljnn d 33cp osii Compinrv HOM* orr.ce OF MARYLAND oavt.-o-c > noeuTY UNO SURETY BONDS burglary amd glass insurance V--.. I-. H.ven AOENCY MM "M. *A4jrr 2801 UNION BANK BUILDING PITTSBURGH 22 April 14, 195S TCLEPMOwc an.KT \ .7*co Hr. R. C. Schiedt, Jr. ~ -'trance Department ^strong Cork Company ncaster, Pennsylvania '5 ' Re: Floyd Hyatt - Florida Workmen's Compensation Claim Thank you for your letter enclosing the Notice of Hearing ..*n the above claim. `Jith kindest personal regards, I am Ye:*y truly yours, BHS:esa / ) ./ /. ,, ^ Hyatt, ployd Wi-a. . " . c...,s ' P5S0?' 1 Imwv Arrr.strone *> 0< ) ^/*'F'4*r*r. * r* H H A sh^Rf.ns 1 ; *r>. < ri s* TO -- -- A. tU^u*. letter_____________________ bd . 9 The Conmiuen has assigned the' asov* Case Number to this fJe. AU future report and correiponaence concerning mu tniury MUST refer to thu number. Florida lodusinal Coamuiei, Wortaaaea CoapeeeoUo* Diruiem ............................ .......... rr? / FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA 1 Decision No. 2-880 . Subject File Nos. B-35; 3-5 CLAIM NO.: S-85602 -DATE OF ACCIDENT: August 12, 1953 EMPLOYEE: FLOYD HYATT _ c/o Kaplan & Ser . ' 808 Seybold Building Miami. 32, Florida Represented by: . Lucille Snowden and . ' ' . Messrs. Kaplan Sc Ser ' 808 Seybold Building . Miami 32, Florida . EMPLOYER: ARMSTRONG CORK COMPANY ',T>'V . .--'Ivani?. . . CARRIER: STANDARD ACCIDENT INSURANCE COMPANY 320 Miracle Mile Coral Gables, Florida ' Represented by: ' Messrs. Dixon, DaJamette, Bradford, Williams, McKay b Kimbrell 908 Ainsley Building . . Miami, Florida COMPENSATION ORDER OF FULL COMMISSION This cause came on to be heard upon application of the employer and carrier for review of an Order of the Deputy Commissioner dated May 22, 1959, awarding the claimant compensation for permanent total disability for a period of 700 weeks. Claimant was employed by the Armstrong Cork Company from Janu ary 29, 1944 to August 13, 1945, as a building mechanic engaged in om oiN,' 85602 the erection of insulating material. In this occupation, the claia- i .vat contracted asbestosis. The claimant, subsequent to August 13, ! 1945, worked for several employers, but was not exposed to asbestos ; ifumes . On August 12, 1953, the illness had progressed to a point where the claimant was forced to terminate his employment. Since that date, he has been permanently and totally disabled. On Sep tember 1, 1953, the claimant filed a claim for workmen's compensajjtion : nnefits and the Deputy Commissioner awarded the claimant .'! c.rc.;- -ration for permanent total disability. This Order of the Deputy Commissioner was affirmed by the. full Commission and no lappet. ..oa the full Commission's Order was taken. Pursuant to . jvj a\.^rd of compensation by the Deputy Commissioner, the insurance [carrier paid the claimant the sum of $5,000 at the rate of $22 per week, the maximum rate of compensation payable under the Workmen's Compensation Law at the time of claimant's last exposure to asbes tos fumes. After the insurance carrier had paid the sum of $5,000 i |in compensation benefits to the claimant, payment of compensation was terminated. Thereafter, the claimant filed a claim, contending that he was entitled to 700 weeks' compensation, which is the maxi mum payable under the law existing in 1953. The Deputy Commissioner agreed with this point of view and awarded the claimant compensation tot 700 weeks. The employer and carrier have applied for a review from said Order of the Deputy Commissioner, urging essentially that ! the Order of the Deputy is contrary to the law and that such Order is in violation of the due process clause of the 14th Amendment to the Constitution of the United States. The sole issue on this review is one of law, that is, whether claimant's benefits are those provided by the 1945 law or those authorized under the 1953 law, when the claimant became permanently disabled. viz.: Section 440.20(13), Florida Statutes, (1945), provides, "The total compensation payable under this chapter for disability and death shall in no event exceed the sum of five thousand dollars in addition to any benefits under Chapter 440.13 for medical services and treatment and under subsection (1) of Section 440.16 for funeral expenses." . * Section 440.15 of the 1953 provides,1 in part, as follows, viz.: "Compensation for disability shall be paid to the employee ... (1) PERMANENT TOTAL DISABILITY: (a) . ' total disability adjudged to be permanent, - per cent of the average weekly wages shall be paid no the employee during the continuance of such total disability; but in no event shall such payments be made In excess of seven hundred (700) weeks." In our opinion, the case of Phillips v. .City of West Palm Beach Fla. 1953, 70 So. 2d 345, is controlling. In the Phillips case, claimant's injury occurred in July 1945 and compensation was paid, however, in 1951 the injured foot was amputated and additional compensation was paid for the permanent disability occurring in 1951. The 1945 law provided payment of compensation should not exceed $5,000. - The claimant contended that the 1951 law was ap plicable and he should receive compensation for his permanent disa bility in accordance with the latter law since his permanent disa bility did not occur until 1951. The Court, in rejecting the claimant's contention, stated, viz.: joirA L 85602 "To hold that Chapter 26877, 2 of the Laws of 1951 is retroactive would make it a violation of Section 10, Article 1 of the Constitution of the United States and constitute it in impairment of the obligation of contract." It has long been established in Florida that the Act itself is notice of its provisions to employers and employees alike and that same constitutes a contract between the employer and employee, and insurance carrier, if one, once the parties have accepted the pro visions of the Act. (See Hardware Mutual Casualty Co. v. Carlton, " <kj" ..... - r 'Fla. 1942, 9 So. 2d 359; Stansell v. Marlin, Fla. 1943, 14-So. 2d 392; Williams v, American Surety Co., Fla. App. 1958, 99 So. 2d 877, Jit is clearly apparent from the law as stated by our appellate :ourts that the provisions of the Workmen's Compensation Lav In ef fect at the time of part ox tuo conxxaci of em ployment. Section 440.151(6)(c) of the 1945 Workmen's Compensation law, provides a definite amount of liability for disability result ing from silicosis and asbestosls. by providing a total sum for such lisability in the amount of $500 if the disability occurred in July 3f 1945, the month in which this particular provision had its ef fective date. The Act further provided additional amounts to be paid in the amount of $50 per month, which is added to the $500 from July 1945 until the time the asbestosiB became totally disabling. '* In the instant cause, the claimant was not totally disabled until August of 1953 and the maximum amount he would be entitled to-would ae $500 plus $50 per month from July 1945 until August 1953, or a 3um of $5,350. However, in the same section of the Act, the follow ing is stated: ''Such progressive increase in the limits to the aggregate S*85602 - S compensation and benefits lor disability and death shall continue until the 1'mit upon such benefits fixed in this Workmen's Compensation Law is reached.* It is clear that the legislature did not, in providing for the progressive increase of compensation, intend to increase the total amount of compensation payable greater than that provided in Section 440.20(12), which limits the compensation recoverable to $5,000. In our opinion, the Deputy Commissioner erred, as a matter of law and the claim for additional compensation benefits must be dlsmissec Having considered the cause upon the record, briefs, and oral argument of counsel for the parties and it appearing that the Order of the Deputy Commissioner.- does not comply with the essential requirements of law, it is ORDERED that said Order of the Deputy Commissioner dated May O P IO ! 22, 1953, be and the same is hereby reversed and said claim for additional workmen's compensation benefits be and the same is DONE AND ORDERED at Tallahassee, Leon County, Florida, this __________________________________________________ , A. D. 1959. FLORIDA INDUSTRIAL COMMISSION SEAL* ^ -^5602 Q fU O m A 'v. DISSENT . -annot agree with the conclusions reached by the majority of ay cc. leagues. It is the general principle of Workmen's Compensation law -1 ...t the law in force at the time of an injury or accident govern the r* ts of the parties. This poses the question as to what con- . jstitv the time of injury where we have an occupational disease. : Secti',, 440.151(1)(a), Florida Statutes, states in part, viz.: i "Where the employer and employee are subject to the ; 'Visions of the workmen's compensation law, the disable : .. . or death of an employee resulting from an occupational ' r-ise as hereinafter defined shall be treated as the nening of an injury by accident . v . ' tion 440.151(6) (a), provides, in part, viz.: "Disability ~rom silicosis, asbestosis, or ny dust 'se , . . shall be allowed only when the employee is ; :pacitated from performing any remunerative employment." v phasis Supplied). ; the instant cause, the claimant, under the terms of the statul was not disabled until August 1953 and no other conclusion* can b< :.awn. The employer and carrier urged that an application of a ) . law would be retroactive in the violation of state and feder? constitutional provisions. They also rely upon the case of Phillip v. City of West Palm Beach, Fla. 1953, 70 So. 2d 345. It should >2 noted that the court, in the Phillips case, stated the follow:' ;,?: i "The acceptance of application of workmen's compensation 1 statutes by the employer, employee, and insurance carrier constitutes a contract between the parties embracing the P"ovisions of the statutes as they exist at the time of any injury compensable under teiris~oi statures." (Kmphasis Supplied) . Xe the instant cause, by the terms of Section 440.151, the compensable injury did not occur until August of 1953. The facts in ii | Vie instant cause are analagous with those existing in the case of Semon v. George B. Flenn Corp., 166 NYS 2d 835, wherein the New York board allowed the claimant a higher rate of compensation although the injurious exposure occurred prior to his disablement and at a time when the compensation rate was lower. It is further noted that Section 38 of the New York Compensation Law is almost identical to our Florida section, 440.151(1) (a) . The New York section has the following language, viz.; . "The 'disablement' from an occupational disease 'shall be treated1 as the happening of an accident.'1 The New York court had this to say, viz.: "It s the date of disablement and not the date of last exposure wb.ic>. is controlling. In occupational diseases, the time of. contraction is sometimes unknown and its development may be a slow process. For this reason the disablement is regarded as the f accident1 and the right to compensation in such a case depends on the disablement." - As stated by the Pennsylvania Supreme Court in the case of Pekoraf- sky v. Glen Alden Coal Co., 89 A. 2d 890, viz.: "The liability of employer to pay compensation is fixed as of the day of last exposure while the duty to .. make such payments and the amount thereof becomes fixed upon the date when disability occurs." ^Emphasis Supplied) . For the above reasons, I would affirm the Order of the Deputy Commissioner. cc: Floyd Hyatt Lucille Snowden Kaplan St Ser Armstrong Cork Co. Standard Accident Ins. Co. Dixon, DeJarnette, Bradford, Deputy MacKenzie Williams, ' McKay St Kimbrell 85602 /Jwb e This is to certify that on this, >i.................... 1959, the above uroer was filed in the office of the Florida Industrial Coiaaission at Tallahassee and a copy sent by certifie mail to each interested party at his last known address. FLORIDA INDUSTRIAL COMMISSION BY/tf/ P. r.twn / "I / V ftS9 VM w< 2 5 FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA CLUM NO: 3-G5G02 DATE OF ACCIDENT August 12, EMPLOYE: FLCTU E7ATT c/o Laploo U Her Lv3 iieyboid &uildla$ tti&al 22* /lorxda 195 3 Represented by: P EUCZLUS fiUCVZOI acd &WLA3 & fiSEIt 8w5 icvboitl Building filaol 32* florid* EMPLOYER: ARL5T2CS0 COES COi^AST Lancaster tosaaylraaia CARRIER: STAKEAS3 ACCXDEHT IX3URA5CS COS'AST Z2U Airacio JUla Coral Oftbloa* Florida Represented by: DISCS, DoJA2iLTT & BBASgoaO AL&ale? Xralldlng UlAal* Florida 4 , f i t 'mT r rC X. C .C T * COMPENSATION ORDER DY BCETCS L. LUi^UTY CLiLilLLXOXia KUUX, FLORIDA t! | A prior otCsr entered la this cause cn January 12, . 1954, awarded pcrcanont total compensation benefits to tfca cloia;j cat ca the basis that claimant tad contactod silicosis. !j Ca January 3J, 19SC, clala was filed la this causa |i l! alleging that the carrier for the employer erred la terminating Ii j payments of compensation to tho claisant after paying only I $5,000.00 la ecopsnsatioa benefits to his. Claimant contended i j that because ha Is permanently and totally disabled, fas is on* | titled to 700 weeks mndcr the provision of Section 440.15 (1) (a) ! as asendod in 1953. Cearln^: van conducted by the undersigned Deputy i ; Counisaicaer la this cause on tlay 12, 1353, at which ties counsel ! i for both parties were instructed to prepare Srlefs on the legal ij '! Question involved, # Ii ! After considering the Briefs and the legal question Involved, the undersigned Deputy Ccnalsslooer finds as follows: 1. That the Florida Industrial Coaalssioa has Jurisdiction cf the parties and the subject natter* 2* That although the claisant was last injuriously exposed to the substance causing his siliccsis in 1343, he actually becaao incapacitated as a result cf this disease ca August 12, 1933. Xa an earlier decision in this case the Full Florida Industrial Ccanissioa stated "the tine of the injury for I an occupational disease is the date of an employee's becoming actually incapacitated". At the time of clnisaat's injury. COPY ! /_ / % the etatute la existence could spoil out the boasfits to which - to. would bo cstitlod. On August 31, 1053, the Vorkcen'a Ccupco- cation Lav provided teastits to tbo claimant for peraanent total disability accenting to 700 wocUa. Zt follova, therefore, that the carrier errod la tornicatias benefits to tbo elaiaant in 1557, alter the payuent of $5,coo.oo. 3 Claleant van represented by the lav Xira of Eaplan & Scr, vho have b7 their services secured an additional * $10,000.00 tor the c la las at, and the undersigned finds that 3 1*500.00 la a roaso&Ablo ieo for tba legal service# rendered claimant la this proceeding. HZ2ZF02S, it is tho order of tho undersigned Loput7 Cooaisslonar that the employer, Arcstroag Cork Company# by and through its carrier* standard Accident Coopany, dot 1* 7oy to claimant* Jloyd Hyatt, coBpensatlon for . bis portanest total disability Xcr m period of 700 seeks, at bin coepeasatlon rata cf 532.CC per week, coeaonclng Aogust 16, 1953, the carrier to taka credit for all paynoata of co&pansatlos ler this type of disability Bade since that tine, together vita interest thereon at ths rmto of 6% per aruran iron tba dates shea coKpensatioa should have boon cade. 2. P*7 clai&aat'a attorneys, lapIan 6 3r, the sun of $1,550.00 as a reasonable fee for services . rendered to cl a leant in this proceeding. 5 CIBJ^ --------- 2T1-/W uyfttt VS /.rsotrcng Curs Cca^acy Pay the costa la tills proceeding* BOSS A2 CZX?XD at Kind, Vlcrids, this X-%r^: of finy, 13D9# _ /?/ r-irt& _tt. Colics i _ ________ ill CvjTJSS t lioputjf 5.Jiss ionor Florida Industrial Cvojnissioa (32AL> 3 CC: Parties s I This In to certify that the foregoing Order ws entered on the Cay of liaj# . 199 and that & ca*?y tiierouf vaa sent ca jiaid date by certified nail to the eiainanft ana to too employer at tto last fcaows address of es.cn -. PXorida Industrial Coealasioa Byj /a/ tf B ~-3*?r*y oocretary .r