Document b5onKbjgoYnbqJGM0v0pnNEq3

FILE NAME Manville JMA DATE 1966 DOC JMA155 DOCUMENT DESCRIPTION Contract Unit Claim File Vernon Lumbattis WORKERS COMPENSATION APPEALS BOARD - CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION prior to 1966 APPLICANT | VERNON LUMBATTIS Insulator CASE # # LA 291957 DATE CLAIM FILED Feb. 11 1966 INJURY ALLEGED Exposure to Stresses & strains of employment ALLEGED DATE OF INJURY 1942 21 1965 EMPLOYER INSURER Baldwin Ehret & Hill Fibreglass et al including M Sales OTHER NOTES No _ apparent Canadian carrier Pneumoconiosis probably due to asbestosis Total & permanent disability DATE OF RESOLUTION Aug. 23 1968 RESOLUTION 3 Compromise & Release apportioned among 18 carriers 30,000 settlement : - DOCUMENTS COPIED Compromise 1 Compromise & Release # # OF BAGESBAGES / ; pes - wT pla A CLAIMANT Vernon bumbattis _ California Workers Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. American Automobile Ins Co. American Employers Ins Co. American Motorists Ins Co. Argonaut Ins Co. oAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. Casualty Ins Co. of California Employers Liability Assurance Corp.Ltd Employers Mutual Liability Ins Co. of Wisconsin - | oFidelity & Casualty Co. of New York _ , Fireman's Fund Ins Co. oGeneral Accident Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. Co. oGuarantee Insurance Co. oGreat American Ins Co. Hardware Mutual Casualty Industrial Indemnity Co. Co. . Sentry Ins Co. Co. oIndustrial Indemnity Exchange InsurancCoe. of North America Liberty Mutual Ins Co. Co. Lumberman's Mutual Casualty oMaryland Casualty Co. oMichigan Mutual Liability Co. Mission Insurance Co. oNational Automobile & Casualty Ins Co. ONew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp. Pacific Employers Ins Co. oPacific Indemnity Co. Reliance Ins Co. oRoyal Indemnity Co. Standard Accident Ins Co. , oSecurity Ins Co. of Hartford U.S. State Compensation Insurance Fund oTransport Indemnity Co. Casualty Ins Co. The Travelers Ins Co. The United Pacific Ins Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. 00 23 5/81 mmf Toe ae oY WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 VERNON E. LUMBATTIS CASE 66 LA 291-957 ww Applicant . 6 VS. i, . 7 BALDWIN EHRET HILL INC et.al 0 Defendant 10 } CERTIFICATION certify 11 I hereby the that attached documents are true __ 12 . and correct copies of the original filed in the records documents 13 of this office in the entitled matter ; ATTEST 14 my hand and the Seal of the Workers Compensation 15 Appeals Board of the State of California 16 17 18 19 20 21 22 23 24 Dated at San Francisco 25 California this 6 day 26 of April 1981 27 DIA WCAD FORM 119 NEW 1.931 ut ote DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ACCIDENTS 1 Herlihy Herlihy Jones & Nelson Attorneys at Law . 2 Suite 740 Roosevelt Building wate SR ~ 727 West Seventh Street 3 Los Angeles California 90017 4 Telephone 627-4911 5 Attorneys for The Travelers Insurance Insurance Company of NortChomApmaanryica Pacific Employers Insurance 7 and their Assureds Company 8 WORKMEN'S COMPENSATION APPEALS BOARD o STATE OFCALIFORNIA 10 1 ; 12 VERNON E. LUMBATTIS ) ) Applicant 13 vs 14 BALDWIN EHRET HILL INC et al 15 16 Defendants Case No. 66 L. 291 957 Social Security No. 561-28-5882 COMPROMISE COCMOMPROPMISEROMISE AND RELEASE . 1818 Applicant hereby requests that the employers herein- 19 after named and the insurance carriers hereinafter named be joined 20 parties defendanitn this proceeding . and that all other parties be 21 dismissed as defendants . . hereby The parties hereto for the purpose of compromise on 23 submit the following agreed statements of fact 1. Vernon E. Lumbattis 12459 East Firestone Boulevard Norwalk California employee herein born on November 29 1912 claims that he was employed in the State of in 1941 to date hereof California beginni as an insulator as a laborer and in other employment classifications by the employers 25 hereinafter of said employers being then named some permissibly insured the remainder of said employers being then severally and separately insured as to workmen's compensation 31 liability by the several insurance carriers hereinafter named and that he claims that he sustained inj ry or _ -1- wm mee eee TOM ee meme e e eee teed 1 2 employments as follows To his chest lungs and other bodily parts 3 due to exposure to dust and due to stresses and strains of 4 employme 5 6 permanent disability and required treatment employers 7 2. Applicant states and represents that he was 8 employed or hired in the State of California by the following named o and none other to wit 12 12 13 14 14 15 15 18 18 17 18 1819 20 21 N 23 23 24 25 26 27 28 ' __. Employer Nama i and Address o Address "; Emil L. Smith een an . yt - 10241 Victoria Avenue j Whittier California i | California Box 966 Shipbuilding Corp. ; Wilmington California *, California Shipbuilding Corp. _-' Mundet Cork Corp. -' 65 South 11th St. Pe at _ Brooklyn New York : 1000 Bouth Premont Avenue Alhambra California . y ao ; Pat's Conditionairs Inc. . . ... 1| H1o8m4e0 SIonustuhlaCtlioovnerCdoanlteractors Avenue | Los Angeles California : _ |. Del E. Webb Corp. _ Box 7588 : Phoenix Arizona aaa ee ta me | Morgan Bros. : :*y : 3430 East Slauson Ave. . , Maywood California ; arn Cork Insulation Co. "+. 155 East 44th St. .1 New York New York Inc. oS : . Cork Insulation Co. Inc. > + Ps Marine Engineering & Supply C6, , oe . Del 2 Webb Corp. Int'l Ass of Heat and ; Frost Insulators 3637 East 37th St. . Maywood California & Asbestos -):Plant Rubber _ 537 Brannon St. WorksWorks : San Francisco California , . Guy T. Atkinson Co. George Pollock Co. Long Beach California California Shipbuilding Corp. | | Lynch Asbestos Co. 2152 Sacramento St. 5 a Los Angeles California - . : Fibreboard Paper Products Corp. 1789 Montgomery Street ; San Francisco California oe, .- a .R. T. Dinwiddie . + | 532 Coolidge Drive i:San Gabriel California an fo Guy T. Atkinson Co. George Pollock Co. ee ES Co. +i 9M4a1riBneestEnSgeicnoenedriSntg. & Supply aLeer : Los Angeles California eu Al Co Company _ 5423 Flemish Lane _ Los Angeles California Armstrong | Cork Co. coo Liberty and Charlotte Sts WON iv) . 1,Plant Rubber & Asbestos Works es Lancaster Pennsylvania . ran Marine Engineering & Supply Co Marine : Engineering & Supply Co. . . emit , * ; -ye ee Munger - and Hunger TS .: ; 174 East Union St Py j Pasadana California J 7 2 Ben Lang - 1 4465 East 52nd Place Maywood California _ ; Pat's Conditionaira Conditionaira Inc. ot creTI * {| R. T. Dinwiddie home - Co. my { Armstrong Cork Co. Inc. ft a D'S: J. T. Thorpe 948 East 2nd St. : ii ; A ane Los Angeles California rae j Los Angeles Ca wee a fp 2 ae TOS met meee Thorpe Insulation Company ' 2741 South Yates Avanus Los Angeles California ^' felee oe etteenee! wee jd. T. Thorpe Iac 4 + Compere are Torman Horgan Co. 2217 West 135th Place Blue Island Illinois J. T. Thorpe Inc. Warren & Bailey Co. 3528 Bouth Garfield Avenue ; Los Angeles California Totman Morgan Co .. . ; 7 Hugh A Elsdon | 3262 East Gage Avenue 8 ; Huntington Park California ' Marine Engineering & Supply Co. ' 2 10 '. Armstrong Cork Co. ; e Hugh Elsdon me Robert's Roof & Floor Co _ 927 South Main St. me Las Vagan Nevada Tt Johns Manville Sales Corp. 22 East 40th St. New York New York ; 4 ' a Owens Corning Fiberglas Corp. i Toledo Ohio Industries Supply Co. San Diego 4th Avenue & J St. San Diego California Armstrong Cork Co. Te: : . : _ J. T. Thorpe Inc. Armstrong Cork Co. Thorpe Insulation Company Oil Field Constra Co. ' j Bakersfield California Thorpe Insulation Company Robert's Robert's Rouf and Floor Co. Fiberglas Engineering & Supply Co. | 441 East Second St. Los Angeles California R. T. Dinwiddie Inc. 8627 S. Atlantic South Gate California Thorpe Insulation Company United Refractory Const Co. 1201 Bankaville Road | Pittsburgh Pennsylvania oe Mundet Cork Corp. 7101 Tonnelle Avenue North Bergen New Jersey -* < Dieg Industries Supply Co. of 8a . - Coast Insulating Products 2684 Lacey St. Los Angeles California Shelburne Refrigeration Inc. | 1247 Main St. El Centro California . * ae Metal Clad Insulation Company Inc. Box 178 Torrance California ne Reste Insulation CompanyCompany , 4563 Valley Blvd. - Los Angeles California Thorpe Insulation Company Ovens Corning Fiberglas Fiberglas Corp. Coast Insulating Products & Engineering & Supply Co. Houston Texas Accurate Insulation Co. Inc. 900 South Cyprese St. Lahabra California rr BD Los Angeles Cork 4180 East Washington wp Los Angeles California & Plant Asbestos Co. &fi Emeryville California G@ Owens Corning Fiberglas Corp. 2 Coast Insulating Products IN , Accurate Insulation Co. Inc. : Plant Asbestos Co. g 10 11 12 13 14 15 le 27 Lae R. Ekins Company 4933 Valley Blvd. Los Angeles California _ Cal State Insulation Co. 4652 West Imperial Hwy Inglewood California Hundat Cork Corp. Owens Corning Fiberglas Corp. Coast Insulating Prodnets 18 Pabco Insulation Corp. . 19 1789 Hontgomery St. 4 Sea Francisco California 20 Plant Asbestos Co. 21 Cal State Insulation Co. 22 23 Industrial Building Materials Inc 24 2808 So. Vail Los Angeles California 25 Thorpe Insulation Company 26 Munder Cork 27 28 29 30 31 32 Armstrong Contracting & Supply Corp 120 North Line St. . . Lancaster Pennsylvania A 1 Insulation Co. TT 11351 Desmond St. Garden Grove California ' United Cork Companies Corp. Ft Central Ave. Kearny New Jersey Ekins Industrial Insulation Contractora , 4933 Valley Bldg Los Angeles California Chicago Bridge & Iron Co. 901 West 22nd St. Oak Brook Illinois National Refrigeration 4400 San Fernando Road Glendale California Salas Inc. ,T. Thorpe Inc. Thorpe Insulation Company ~ Owens Corning Fiberglas Corp. Los Angeles Cork Company 4180 East Washington Los Angeles California Ekins Industrial Insulation Contractors Contractors : The Isotherm Company 605 Williams . Bakersfield California Lacy Manufacturing Co. 2400 East Dominguey St. mo Long Beach California .0-., Baldwin Ehret Hill 500 Brevaig Avenue Trenton New Jersey Inc. , United Cork Companies Corp 7 OTR. Ome eee oe oe oe ee, oH 3. The actual 2 time of weekly wages of the employee at the injury are indispute 3 4. The employee's pr^'sent 4 The employee continued to work disability is in dispute 6 5. toto thethe the employeeemployeeemploye employeeemployeeemployee 7 No temporary disability indemnity has been paid The amount duedue due andandand unpaidunpaid unpaid to to the thethe employeeemployeeemployeeemployeeemployee employee and thethethe 8 in dispute . @o ~ 6. No permanent 10 the disability indemnity has been paid to employee The amount due and unpaid to the 1011 liability of the several employers and insurance employee and the 12 dispute carriers are in 2313 7. The parties hereby agree to 14 14 claims settle any and all on account of said injury by the 1515 vided videdvidedvided of of thethe payment as hereinafter pro- to the of of $ 30,000.00 in addition 1616 paid by the employers or the insurance any sums heretofore 17 1717 sum to be carriers to the employee said . payable as follows One sum to applicant lump 1818 less attorney's fees and less such other 19 liens as may be allowed by the Workmen's Compensation Appeals Board Reference 12 hereof is made to paragraph . 21 22 carriers 23 24 25 28 . 8 Medical and hospital expenses have Some by the employee and been paid some by the employers or bills amount to None Future medical and Unpaid hospital expense is estimated at Conjectural Unpaid and future medical expense is to be and hospital assumed as follows All to be paid by the employee 27 Steven Roseman 90015 g Name and address of employee's attorney 1543 7 West Olympic Boulevard Los Angeles California : 29 previously 10. Said attorney requests a fee of $ Reasonable Amount of attorney fee paid if any $ None 31 be made by such insurance Payment 32 carrier as may be determined by the Workmen's Compensation Appeals Board -6- for 2 11 Reason Compromise Applicant claims that employments his several in California and his several employments fc 2 which he was hired in California have resulted in injury or injuries 4 Applicant was employed before 5 coming to California Applicant has been employed outside of California Applicant has worked 6 outside of California for employers who hired him in California Applicant 7 warrants and represents that all employers for whom he has worked in in : California who hired him in California are listed this Com- 9 promise and Release 10 Agreement Defendants claim that applicant's injury disabilities if any resulted from his 11 employments outside of California and resulted from 12 systemic and other conditions unrelated to his employment by the employers herein named Defendants claim 13 that applicant's employment by them caused neither 14 injury nor dis- ability 15 Defendants allege that applicant's claim is barred by the statute of limitations that the Workmen's Compensation Appeals 16 Board has no jurisdiction that applicant's injury if 17 any was in- tentionally inflicted and that applicant's if 18 any was proximately caused by his own serious and wilful misconduct De- 19 fendants further claim that . any injury or disabilities 20 sustained by applicant have been fully compensated There are other points of ' 21 dispute between the parties but the parties have 22 agreed to end their differences by compromise as herein provided 23 Defendantstheir 24 are willing to pay the compromise amount to end litigation and buy 25 peace Applicant is willing to accep the compromise amount to avoid the delays and uncertainties of liti- 26 Applicant gation desires to control his own medical 27 is treatment if an required Applicant represents that this 28 compromise is adequate and request prompt approval . 29 12. During applicant's employment by the 30 employers herein named said employers were severally and 31 separately insured as to their workmen's compensation 32 liability by the following named insurance companies Said insurance companies and employers agree -7- severally to contribute the amount set opposite the company to the settlement name of each herein Such in full of aggregate payments shall be their liability and the . 3 liability herein named Said of the employers insurance carriers and paid by each of them are employers and the amount to be as follows to wit : INSURANCE COMPANY 5 Liberty Mutual Insurance 6006 Wilshire Boulevard Company Los Angeles California 810 A2e4t04naWiClasshuiarletyBoaunldevSaurrdety Company Los Angeles California 1011 PM.iOs.siBoonxIn75s0u3r1ance Company , California Los Angeles California AMOUNT ; $ 552.00 +: ee a Y 8,427.00 + oe. * 1413 Fireman's Fund Insurance 3223 West Sixth Street Company Los Angeles California 90005 State 600 Compensation Insurance Fund South Lafayette Park Place Los Angeles California 129.32 5,337.00 mo , [| 16 United Pacific Insurance 443 Shatto Place Company . Los Angeles California 90005 Chicago Bridge & Iron 2020 301 East Colorado BouleCvoamrpdany Pasadena California . 462.44 ; a i 261.03 21 C14a7s7uaSlotuythInMsaunrcahnecseteCrompany of California . 137.58 | Anaheim California Plant Rubber and Asbestos 537 Brannon Street San Francisco California Works 138.78 ; R54e8liaSnocuteh Insurance Company Kingsley Drive Los Angeles California : ; 125.00 Casualty Hardware Mutual Sentry Insurance Company 13215 East Penn Company 609.00 : } Whittier California I50n5dusStoruitahl ViIrngdielmnity Company Los Angeles California 240.00 3,549.00 1INSURANCE COMPANY - INSURANCE 2 American Motorists Insurance 3545 Wilshire Boulevard Company 3 Los Angeles California 4 Lumberman's Mutual Company 3545 Wilshire Boulevard 5 Los Angeles California a 6 Employers Liability Assurance South New Hampshire Corporation Avenue 7 Los Angeles California Argonaut 8 443 Insurance Company Shatto Place 9 Los Angeles California 10 10 11 The Travelers Insurance 3600 Wilshire Boulevard Los Angeles California Company 90005 Insurance 12 and Company of North America Wilshire 13 Pacific 4050 Employers Insurance CompCaomnpyany Boulevard 14 Los Angeles California 90005 15 AMOUNT AMOUNT $ 1,299.00 560.00 417.00 . 798.00 ; 225.00 6,732.85 16 17 18 and Release 13. The Agreement be TOTAL $ 30,000.00 . undersigned requests that this Compromise approved . . 19 20 21 23 24 25 26 27 28 14. Upon approval of this Compromise and Release Board Agreement by the Workmen's Compensation Appeals or Referee and payment in accordance with the provisions hereof said employee releases and forever discharges said employers and each of them and said insurance carriers and each of them of and from all claims and causes develop liability of hereafter and all action whether now known or ascertained or which may arise or as a result of said injury including any of said employers and said insurance carriers and each of them to the dependents heirs executors administrators or assigns of said employee representatives 29 15 It is agreed by all parties hereto that the filing 30 of this document is the filing of an application on the behalf of the 31 employee and that the Workmen's Compensation Appeals Board may in 32 its discretion set the matter for application hearing as a regular -9- parties 1 reserving to the to put in issue any of the facts admitted and that herein if hearing is held with this document used as an 3 application available filing of the defendants shall have to them all de- 4 fenses that were available of as the date the of this document and that the Workmen's Compensation Appeals Board may there- after either approve said Compromise and Release 6 Agreement or disapprove the same and issue Findings and Award after hearing has been held and the matter regularly submitted for decision . 181 which disability unemployment pursuant purpose SEE APPENDAGE 16. For the : filed herein for the of determining the lien claim compensation have been benefits Unemploy- 11 paid under or to the California ment Insurance Code the parties 1213 propose the following division of the sum agreed upon for settlement and | release of this case 14 1415 16 16 17 1819 20 $ for temporary disability covering the period to ; $ accrued medical expense paid or in- curred by the employee $ $ for permanent disability for future medical'care medical'care The above segregation must be fair and reasonable and must be based on the real facts of the reasonable case of There should be no attempt made to deprive the lien claimant recovery consistent with the amounts involved 2221 17. In further consideration of the payment in oe, accordance herewith applicant agrees that this release will apply to 23 all unknown and unanticipated injuries and damages resulting from such employments accident casualty event employment and as well as , all those now disclosed and all rights under Section 1542 of the 24 Civil Code of California are hereby expressly waived of the Civil Code of California reads as follows A general release does not extend to Section claims does which the creditor not know or suspect 1542 31 to exist in his favor the release which if at the time of executing known by him must have materially affected his settlement with the . debtor -10- 1 18. In further consideration of the payment of the 2 aforesaid sum applicant agrees that this release extends to and 3 covers the executors administrators heirs representatives assigns 4 successors officers directors agents servants and em- defendants 5 ployees of the and each of them and the physicians 6 surgeons and nurses of the defendants and each of them whether 7 acting individually or on behalf of them or either of them 22nd o WITNESS THE SIGNATURE HEREOF this of = April 10 ~ 1968 at Los Angeles California 11 12 13 , 14 STATE OF CALIFORNIA : 8s 15 COUNTY OF LOS ANGELES April day 16 A.D. On this 22nd of L April the undersigned a Notary Public in A.D. 1968 before me and for said 17 residing therein duly commissioned and County and State VERNON E. LUMBATTIS known to me to be sworn the personally appeared 18 subscribed to the within person whose name is executed the same Instrument and acknowledged to me that he 19 my 20 IN WITNESS WHEREOF I have hereunto set my hand and aabfofveixwreidttoefnficial seal the day and year in this certificate first . 21 Lz OFFICIAL SEAL 22 SkANTHONY J. BRADISSE : oes PUBLIC BRADISSE Notary 23 LOS ANGELES COUNTY 4d LIBERTY MUTUAL INSURANCE COMPANY and MISSION ~ By COMPANY IyNVSUiRALNCE INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND Oo By 7% a 31 32 aa LED LED INSURANCE Its Repr^'sentative Repr^'sentative Repr^'sentative V/ CHICAGO BRIDGE IRON IRON COMPANY COMPANY Attorneys INSURANCE COMPANY OF CASUALTY CALIFORNIA RELIANCE RELIANCE Its iphon Attorney INSURANCE COMPANY and INSURANCE COMPANY COMPANY Company INDUSTRIAL AMERICAN INDEMNITY INDEMNITY COMPANY and INSURANCE INSURANCE LUMBERMAN'S MUTUAL EMPLOYERS ang Com. MCLAUGHLIN MCLAUGHLIN DALBY & & CUMMING CUMMING fi AttorneysAttorneys Attorneys Attorneys i) TRAVELERS THE TRAVELERS INSURANCE INSURANCE INSURANCE COMPANY NORTH AMERICA EMPLOYERS EMPLOYERS NORTH | PACIFIC PACIFIC INSURANCE COMPANY EMPLOYERS 212. f Steven Roseman 1621 W. Ninth St. Los Angeles 90015 , E SAMUEL J. SILLS M. D. 2007 WILSHIRE BOULEVARD LOS ANGELES CALIFORNIA 90057 HUBBARD 3.5000 Dear Mr. Roseman Re Vernon E. Lumbattis The above captioned presented himself at my office March following history 18 CHIEF_COMPLAINT CHIEF_COMPLAINT shortness of breath and fatigue 1966 and gave the gave PRESENT ILLNESS The patient states that on December 23 1965 he a heart attack When questioned about his seemed to have his chest real shortness of breath symptoms he stated he had pains in Se getting this shortness of breath for Prior to this he about six months stated that he He would note had been this shortness of breath when he would walk up stairs did any physical running The patient was sent into the exercise or hospital Physicians and Surgeons Hospital Compton California six days and was then Patient was treated at the hospital for about the discharged Pulmonary function studies were done at St. Francis Hospital about January 18 1966. Patient did because he was too tired and not return to work physical that his fatigued The patient was then informed by his difficulties with his breathing and his lung was due . to his exposure Patient was then referred to Dr. Louis this shortness of breath the patient has noted a Leventhal Associated with months Patient raises a slight cough in the past six tenacious whitish sputum there is no blood The patient has not lost any weight and eats well sweats or fever Patient has had The patient has had no night wheezing on occasion but he has also had pain in his right lower chest and in the axilla on the states that at times when he gets the pain on the right side Patient he had to lean against something as though he had right side it felt as though though finds that if he walks too fast he a strain there Patient gets short of breath There has been no swelling of the ankles feet or legs patient states has had to In the past three or four months the he use two pillows and usually double these up PAST HISTORY Patient had had ulcer hernia repaired in 1963. He has had surgery about 1959. Patient had a ventral has had no pneumonias Patient states that he occasional attacks of pleurasy bilaterally for years This first began about nine years The patient has had no serious injuries SYSTEMIC HISTORY Eves Ears Nose and Throat Essentially negative except that he does not see quite as well as he used to He has had upper and lower dentures Last week he was out of work becuase of dizzy spells stairs when he went up and down Respiratory present illness Intestinal Patient has an ulcer history as noted under past history Steven Roseman -2- otherwise no symptoms Urinary Essentially negative Muscular Negative ALLERGIES Negative HABITS Patient smokes approximately one pack of cigarettes a day for two years He stopped smoking December 23 1965. Alcohol thirty- Drugs He has been on occasional courses of antibiotic an occasional beer Patient has been digitalis for his heart He sometimes takes forgets about it No drug idiosyncracies that he one a day but often penicillin or sulfa knows of No reactions to . RESIDENCE until the HISTORY Born present time he Illinois has lived and lived there in Los Angeles until 1929 From 1929 . in OCCUPATIONAL HISTORY Patient worked for the This was in Vernon California Sattler as an assembler for the city of Maywood in 1929. In 1941 He worked for the fire department work for he was doing fiberglass work and asbestos - numerous contractors throughout Los Angeles hot water lines and the steam lines with these Patient wrapped the with asbestos and materials He worked primarily magnesia wrappings for the first five twenty years he worked with fiberglass materials for years In the last 50 seatcium was the other wrapping the ducts about a minimum of ingredient Patient states that he worked- a week eight hours a day and also was exposed approximately five days Many times he worked outside sometimes he worked would work inside the boiler without on boilers and Patient many worked with what any he suction fans to bring fresh air called revamped where you were in the attic with rock wool and fiberglass MARITAL HISTORY Wife is living and well Two children living and well FAMILY HISTORY Mother died of suicide at the age of 55 the age of 84 from pneumonia Patient's Father died tuberculosis mother had diabetes He denies exposure or any other illnesses common to the family at any USUAL WEIGHT 190 Patient states that as far as he remembers he has the Physicians and Surgeons Hospital since 1959. 1949 he did work in the Bakersfield area also in counties had several rays taken at Patient states that in about San Diego and Santa Barbara MYSICAL EXAMINATION EXAMINATION EXAMINATION 3-21-16 Weight - 193. Height 67 Tamp 99.4 Pulse sBt4atud12a5g/a34of O%verpars wpeaa irgsht male not acutely ill slightly dyspnic appears of 88 ENES negative negative eCucBea, Seviate su turn to loft with slight obstruction on left side 1 9. Roseman "Oh es - f. Re Lumbattis 5 % Throat tonsils small Edentulous Larynx negative Neck no glands thyroid not palpable no masses Chest increased P diameter Lungs - on left Palpable rhonchi bilaterally expansion at both poor on right to lesser extent fremitus diminished on the bases posteriorly Tactile rales with right and whispired voice diminished Bronchial Diaphragms mionvsepiproatoorrlyy and expiratory wheezing bilaterally antero in orrlyigahntd pBorsotnecrhiioarlly Heart tones fairly good murmurs no thrills P2 equals A2 or is slightly greater No definite . Abdomen hernia ventral in scar - epigastrium Genetalia not examined No palpable liver or slpeen Rectal not examined os Se Extremities slight cyanosis of the nails of the hands no clubbing no edema - FLUpOhrReOniScCOEPXIAMCINEAXTIAOMNINATION increased markings at the phrenic angle Diaphragms Diaphragms move very poorly bases bleb in left costo- INTRADERMAL TESTS ~ performed 3-18-15 read Histoplasmin + 10 mm induration 3-21-15 Coccidioidin negative Tuberculin negative COUNT a COMPLETE COMPLETE BLOOD white cell count 4-13-55 Hemoglobin 15.7 gms 10,100 Differential - Eosinophils 100 Red Cell Count 5,4000,000 5,4000,000 % Segments 71 Lymphocytes 28 SEDIMENTATION RATE 15 mm in one hour URINALYSIS URINALYSIS Albumin color - straw Appearance Sugar - 0 Occult - 0 Micro VITAL CAPACITY 1200 cc 1400 cc normal 5000cc clear Sp Gr 1.020 Reaction essentially negative 28 normal Three second timed - alkaline capacity RAY READINGS 4-13-66 Boney framework limits of normal transverse in appears to be normal Heart upper enlarged position which gives it an Widening of aortic shadow appearance of bineg ninth rib anteriorly Right diaphragm Diisaphragms at right and left side are at phrenic appear telatively clear just above right posterior ninth rib infiltration scattered throughout Right entire lung - diffuse fine mottling and- the base and from the fourth rib lung from the first rib anteriorly to Fissure or possible plate posteriorly to the base Thickening in interlobar extending throughout the left attelectasis Left lung has similiar infiltrate lung Expiratory film shows diaphragms rise to about the right and to the lower border of eight rib posteriorly on the eighth rib posteriorly on the left a lateral view diaphragms are all the lobes shows the at a high phrenic angles posteriorly are clear station and th,ere is a diffuse infiltrate The present throughout Diagnosis pulmonary fibrosis bilateral extensive in character o * LUMBATTIS VERNON E ct C RAY READINGS on Compton Physicians & Surgeons Hospital dated 9-11-59 normal Boney framework is normal Heart is Soft tissues are upper limits of normal in size Both in line transversly placed the ninth rib posteriorly diaphragms are at the lower border of phrenic fibrotic infiltrate radiating out from the angles are clear Right lung- lung most pronounced in the hilum into the base of the right right appears to be about 20 phrenic angle Pulmonary vessel the mm on the left 25 mm radiating out from the hilum Left lung - infiltration into the base of the lung and into the lobe in the first and second interspace anteriorly upper Film dated 5-9-41 Compared with film of increase of the degree of fibrosis in 9-11-59 the only changes are an and possible increase at the left the phrenic angle on the right difference base however this maybe a technical , | Film taken January 9 1964 shows decrease in the infiltrate at both bases A film taken for the fibrosis at the right esloowpehraghuaslf aocftutahlely la un ngofbileilqdue shows considerable wen A lateral taken January 9 of the lobes of the lung 1964 shows pulmonary fibrosis throughout most A film taken February 3 half of the left 1954 shows increase lung field increase of the attelectasis at the right base when compared of the infiltration in the lower infiltration and plate with the January 1954 film A film taken December 22 1355 shows . attelectasis bilaterally and the no definite changes The plate infiltration in the lower halves of both lung fields are still noted infiltration There appears to have been extension as compared with the September 11 1959 film of the A film taken December 27 1965 shot laterally especially in the left lighter shows more infiltration lower half of the lung field bi- Our film of April 14 1966 infiltration Allowing for are noted taken on inspiration shows a the difference in great deal , technique no definite of changes Our film taken June 13 plate attelectasis 1956 No reveals diffuse bilateral infiltration with changes when compared to april 13 1955 SOLIDICO SOLIDICO SOLIDICO SOLIDICO SOLIDICO SOLIDICO oat 3 weves in leads wave in 4,5 and Jme , 1941 -und intel I und II 6 Diagnosis Muricular rate - 80 Ventiruclar 0.03 -T segment 0.12 rate - 80 Right axis deviation wave in lead III S wave with low R right ventricular hypertrophy Cro pulmonae ---- , S Roseman *. Re Lumbattis -4- ann DISCUSSION a review of this patient's findings including the occupational history physical examination ray examination and history of his and the pulmonary function studies are supportive of a complaints fibrosis throughout both lung fields When diagnosis of pulmonary we attemp to analyse the causes of pulmonary fibrosis amy conditions can be increminated In of Dr. Louis Leventhal to Dr. Victor Mastron February 9 were numerous rays dating back to 1959 which showed reviewing a report 1966 he notes there throughout both lung fields This a progressive fibrosis character of the progression of the pulmonary fibrosis the findings along witphatitehent'psulmoocncaurpyatifounnacltioenxpsotsuudriees thaellray findings the physical pulmonary fibrosis secondary to asbestosis It is support a diagnosis of cannot be made without lung biopsy I feel that true that a definitive diagnosis erently in favor of this the evidence here is so prepond- diagnosis on the basis diagnosis that far as anyone can make a definitive and the laboratory of clinical findings experience clinical findings ray findings fibrosis in both lung we fields must make a diagnosis of asbestosis producing RECOMMENDATIONS He will probably probably this patient will require medical care have progression of the fibrosis He for the rest of his pulmonae as a result of the may develop a cor the laboratory of Dr. pulmonary fibrosis The ^'lectorcardiogramdone at Hungerford one dated 12-28-65 after dated 12-27-65 which we did not see and a Master's Test which we did not copy of the report presented to us see according to the there was no evidence of pathology in the ECG Howheevaerrt this ECG was being read apparently from the standpoint of coronary disease which this patient does not have life be He should protected by antimicrobial a cold coming on therapy as indicated whenever he feels He should take dilators even though he has a minimum of ion However in the pulmonary function a dilator he improves his studies pulmonary obstruct- we note that with the use of usual breathing capacity 12 Under the normal and pulmonary function studies we find that this patient has a approximately 60 as far as his disability of breathing capacity is reduced ventilatory about capacity in concerned his maximum 12 As his pulmonary fibrosis increases and becomes more dense he will have more and more interference with his disability and more and more diffusion diffusion difficulty ventilaroty capacity I find no evidence of He may begin to show evidence of diffusion studies as far arterial PO2 and arterial PC02 are as the ventilaroty type concerned the studies were entirely of a CONCLUSIONS exposure this patient has pulmonary fibrosis secondary to his occupation and to asbestosis 2 He has about a sixty per cent disability as measured by the pulmonary function studies symptomatology and will probably be unable to be ray appearance 3 He occupation where he has gainfully employed in anything but a sedentary a minimal amount of physical activity By sedentary occupation I consider such things as sitting at a desk and oing desk work rather anything that would require walking or other physical exertion will require medical care for the rest of his life 4 This patient This care will consist of d theil lua ngtwohirchswoualndtibiotics to prevent and treat any infection he may have in hazard to his life be detrimental to his being and would represent a distinct : . Thank you very much for the privilege of seeing this patient SJS ME Samuel J. Sills M.D. 1 ACCIDENTS ANGELES ~o CABLE ADDRESS ADDRESS HERANDHER 10-19- 10-19- PASE TO HERLIHY & HERLIHY AUG 16 PM 3,0 ATTORNEYS AT LAW Re EPLY SUITE 16 PARK CENTRAL BUILDING 412 WEST SIXTH STREET O AND FLEU _ 110 WEST OCEAN BLVD LONGLONG BEACH CALIFORNIA 80802 1439 LOS ANGELES CALIFORNIA 90014 TELEPHONE MADISON 7-4911 PROCESS INDER17 INDER17 ent ay wos INDER17ponies BOULEVARD CALIFORNIA 81408 STATE 1-4802 a= August 15 1966 WORKMENS COMPENSATION DadosGGDEI DadosGGDEI DadosGGDEI REGIONEN REGIONEN COMROEKINK APPEALS COMROEKINK COMROEKINK COMROEKINK 107 South Broadway | Los Angeles California BOARD | SASANN 15 BERNARDING STREET BERNARDING 844-1131 92401 WEST eee 1919 WEST 17TH STREET SANTA ANA CALIFORNIA 92706 714 KI 74534 6 te eee LOS ANGELES OFFICE Lo, Re VERNON E. LUMBATTIS vs BALDWIN EHRET & INSURANCE COMPANY OF NORTH AMERICA 66 LHAI2L9L1 9I5N7C Dear Sirs We enclose the following documents MEDICAL REPORTS ( In accordance with the Commission's Rules of Practice and Procedure ~ ( ) As Defendants exhibit next in order R. T. Johnstone M. D. July 8 1966 mhh CC STEVEN ROSEMAN ESQ 1621 West 9th Street Los Angeles Calif 90015 Yours very truly RIA RIA HERLIHY By R. G. Herlihy RIA JONES & NELSON o-0 . | OCCUPATIONAL DISEASES DISEASES RUTHERFORD T. JOHNSTONE M.D. BROCKMAN BUILDING 930 WEST SEVENTH STREET Los Angeles California 90014 TELEPHONE 623-2065 July 8 1966 INDUSTRIAL TOXICOLOGY Herlihy & Herlihy 412 W. 6th St. Los Angeles Calif Gentlemen 90014 Re _ VERNON LUMBATTIS . Baldwin Ehret & Hill Case No. 66 LA 291-957 Our File 6912 : On your authorization the by the writer on 5-27-66 Firestone Blvd. Norwalk insulator above captioned individual was examined as He gave his address 12459 East Calif He gave his address as an | HISTORY Mr. Lumbattis states that during the year of 1965 he noticed that he was short of breath and the condition continued to worsen He continued working until December 22 1965 at which time he had what he termed as a mild heart attack He developed pain over his heart with shortness of breath He claims that the episode lasted for about twenty minutes - His wife took him to Dr. Mastron in Compton who had him hospitalized in the Physicians and Surgeons Hospital in Compton He was in the hospital for five or six days Following this he was sent to the St. Francis Hospital in Lynwood for pulmonary function tests He states that following these tests he was advised to see an industrial attorney He was then referred to Dr. Samuel Sills The patient is presently under Dr. Mastron's care and he receives antibiotics _ and intermittent positive pressure Present Complaint worse on smogy days Shortness of breath and fatigue He states that his shortness of breath seems to be Past Medical History Had an operation duodenal ulcer hernia operation in 1963 some years ago for a He had an incisional Occupational History The patient was born in Illinois and went through the 3rd year of high school After coming to California he worked for different companies doing different types of work until 1942 when he became an insulator He has worked for many different companies since that time He thinks that he worked for Marine Engineers longer than any other company 4 years He last worked for Baldwin Ehret & Hill and this was for approximately one year Wo Re | 2 Vernon Lumbattis 7-8-66 Personal History The patient is : Has two married wife living and children Denies any knowledge htaudberculosis o- r diabetes in the family history cancer States his well ' . fay of 2-005 mother Inventory of Systems palpation Head - The patient has an occasional or tinnitus His tonsils intact His headache no dizziness or : respiratory - Has an teeth are false . not hperonounced He has dyspnea on eoffcocrtasiopalpationncoauglh but this is not as has cardiac distress on by the fact smogy days He has and claims that ~~. * that he uses two pillows at night orthopnea behind as indicated his head and indiigenst tieonstNional - Appetite is normal constipation or Has no symptoms of urinary - No diarrhea Stools are normal | Weight = Slight nocturia gain in dysuria or frequency Nervous recent months . > system Extremities - Is not nervous or irritable = - No history of ankle edema joint enlargement pain or joint ' Habits Smoked about a at which time he pack of stopped Does cigarettes a day until December not drink alcoholic beverages PHYSICAL EXAMINATION This 52 year old male weighed 194 pounds Head and Neck Pupils temperature 97.8 degrees at 11:15 A.M. nose and throat round equal and react to light negative of the cervical The teeth were false No Ears present glands Thyroid not enlarged enlargement No pulsations Chest Barrel shaped in type The No distinct rales were heard breath sounds somewhat harsh Heart Rate of 86 regular Respiratory rate 26 no Tones distant murmurs heard B.P. 120/86 Abdomen Obese no organs or tenderness elicited masses papallpated pated Old scar present Extremities No ankle edema present No areas of LABORATORY Blood count Hemoglobin - Erythrocytes Leucocytes Juv Stabs Segs Lymphs Monos Hosins Basoph 15.0gms - 104 5,370,000 8,650 I 7 57 19 5 8 3 Blood sedimentation rate 11.5mm 1 hour Wintrobe ; OT Sees ~ 7 At oa ii et  No. Re a 3 Vernon Lumbattis % L 7-8-66 ELECTROCARDIOGRAM Essentially normal RAY EXAMINATION Posterior anterior and lateral views of the oo chest were taken in this office on 5-27-66 They reveal the cardiac shadow to be within normal limits The right border is somewhat occluded by basal fibrosis Both lower lungs reveal a degree of fibrosis The upper lungs appear normal except for what appears to be an occasional cystic formation The costophrenic angles are occluded as is the border of left diaphragm There is evidence of emphysema of the upper lung fields bilaterally ma . " DISCUSSION medical and In addition to our examination of Mr. our study of this case we reviewed a hospital file Lumbattis and . voluminous 2-4 of According to Mr. Lumbattis he has noticed shortness breath and tiredness for over a year In his opinion the condition gradually worsened However he continued working until December of 1965 at which time he suffered an attack of congestive heart failure . He has not worked since The medical records also reveal that he was under observation in January 1964 for a complaint of dyspnea Pulmonary function studies done at the St. Francis Hospital on _ 1-18-66 reveal marked restrictive dysfunction with decreased expiratory reserve The occupational history indicates many years of exposure to dusts of some type How much exposure he had to asbestos is unknown However when we combine his occupational history with the ray findings and the pulmonary function test we feel that Mr. Lumbattis has a pneumoconiosis probably asbestosis We further feel that his disability is total and permanent , RTJ rcm Yours very truly Ron mo R. T.Johnstone M.D. Diplomate American Board of Occupational Medicine Steven Roseman . 1621 W. Ninth St. Los Angeles 90015 ; ; 047 SAM J. SU ILLE S M.L 047 2007 WILSHIRE BOULEVARD AUGAUG 29 29 LOS ANGELES CALIFORNIA HUBBARD 5000 SO057 et yon et August 19 1967 oe Dear Mr. Reseman RE VERNON E. LUMBATTIS The above captioned presented himself at my office July 24 1967 Bea INTERVAL HEALTH able to walk about two or three blocks at a slow normal speed he can walk only half black at a normal pace - third after mowing the lawn for about fifteen minutes He pace He has dyspnea take him ten minutes to do now states that what used to with occassional white requires two hours He has noted very little cough an occassional sputum no blood Has gained weight No chest pain except pain between shoulder blades he has felt fairly well Had a cold in March 1967 otherwise In July 1966 he went to Reno and was unable to catch his breath He had to return to Los Angeles REVIEW OF THE SYSTEMS Eyes Ear Nose and Throat - no complaints Respiratory - uses two pillows otherwise as noted above Intestinal - no symptoms Urinary - gets up two or three times at night Extremities - noted edama shoes get tight at night PHYSICAL EXAMINATION in both arms Weight 196 Temp 99.0 Pulse 80 Resp 30 BP 134/100 Eyes Ears Nose and Throat - negative Chest rales at both bases diminished breath sounds on the breath sounds harsh on left side Percussion note normal right Heart tones good P2 greater than A2 no murmurs no thrills Abdomen liver not palpable No wheezing Extremities no edema of lower no clubbing of upper FLUOROSCOPIC EXAMINATION poor motion of the diaphragms phrenic angles slightly obliterated on the left The lungs had a ground glass were throughout both bases appearance CHEST RAY no changes when compared with ray of June 13 1966 * Roseman Re Lumbattis 8-19-67 -2- ELECTROCARDIOGRAM no changes SEDIMENTATION RATE 3 mm VITAL CAPACITY 36 normal 1800 cc Normal 5000 cc Three second timed capacity 1500 - BLOOD CHEMISTRY SURVEY sodium potassium chlorides carbon dioxide total protein albumin calcium phosphatase total bilirubincaupraecaity nitrogen glucose transaminase globulin G ration were all withing normal limits ch DISCUSSION I have reviewed the report you submitted of Dr. Rutherford Johnstone I agree with him that the patient has pneumoconiosis probably due to asbestosis From all the physical findings pulmonary function studies electrocardiograms etc. this patient is permanently and totally disabled He will require constant medical supervision for the rest of his life and may require hospitalization for the pulmonary and the cardiac problem which is secondary to the former Thank you for the privilege of examining Mr. Lumbattis Sincerely v SJS Samuel J. a 7 a J Sills M.D.