Document baDvxrz3o4oZ2X95MjvEaGmXg
FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1961 DOC#: IWC024 DOCUMENT DESCRIPTION: Claimant - Gronenthal
i I
1 2
BEFORE THE BOAftD OF INDUSTRIAL INSURANCE APPEALS STATE OF WASHINGTON
3 4 In re JOHN B. GRONENTHAL, D E C 'D. 5 Claim No. C -753051
DOCKET NO. 15,975 DECISION AND ORDER
6
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7 APPEARANCES:
8
Petitioner, Lilly Nancy Gronenthal, by
Frederickson, Maxey & Bell, per
9
Leo H. Fredrickson
10
Employers:
Vermiculite Contractors, Inc. by
11
Bayley, Fite, Westberg';& Madden, per
Alfred J. Westberg
12 Fibreglas Engineering Co., by
13
Joseph J. Stangle and George Young
14 15 16 17 18 19
20 21 22
23 24 25 26 27 28 29 30 31
a ! Johnson^ nd^E. W. Eller, Contract Manager
V. S. Jenkins, None
Charles R. Brower Co., None
- Curtis Insulating Co., None
Associated Asbestos & Cork, None
Insulation, Inc., . None
Armstrong Contractors & Supply Co., None
`t .
Tacoma Asbestos, None
Department of Labor and Industries, by The Attorney General, per Marcus M. Kelly, Assistant
Appeal filed hy the petitioner, Lilly Nancy Gronenthal,
widow of the deceased workman, John B.' Gronenthal, on July 7,
19 6 1, from an order of the supervisor of Industrial insurance
dated June 7, 1961, denying the petitioner's claim for a widow's
pension on the ground that the decedent's death was due to
1
H /3i^62
*
alveolar cell carcinoma, a condition which was alleged to "be un
1 related to his occupation. Reversed and remanded,
2
DECISION
3
The deceased workman, John B. Gronenthal, died on January 12,
4 19 6 1. The issue presented by this appeal is whether the deceased
5 workman developed an occupational disease as a proximate result
6 of his exposure to various commercial insolation materials in
7 the course of his employment in this state from 1942 to i960 as
8 an insulation installer for one or more of the various employers
9 for whom he worked during that period, Simpson Logging Company
10 v. Department of Labor and industries, 32 Wn. (2d) 472 and Favor
11 v. Department of Labor and industries, 53 Wn. (2d) 698; and if
12 so, whether that disease was a materially contributing factor to
13 his death, Towne v. Department o'f Labor and Industries, 51 Wn (2d)
14 644; in the sense that death would not have occurred when it did
15 without such disease, Petersen v.^Department of Labor and indus
16 tries, 40 Wn. (2d) 635, and that he otherwise would have lived
,
^
1
17 for an indefinite and unpredictable time. Mork, v. Department of
. 18 Labor' and Industries, 48 Wn. (2d) 74.
1
19
This issue must be decided by the board "upon the evidence1
20 rather than upon the information or experience of /i t s members."
'
j
21 Kaiser Aluminum and Chemical Corporation v. Department of Labor
22 and industries, 45 Wn. (2d) 745.
23
It.is clear from the record that from 1942 to I960, Mr.
24 Gronenthal, while working, was exposed to a variety of commercial
25 mineral insulating materials. Spectrographic analysis of these
26 materials establishes that the major constituent of most of them
27 was "silica or a silicate compound." It is uncontroverted on the
28 record that he developed a condition called asbestosis, otherwise 29 described as "interstitial fibroses, diffuse, as a result of having 30
breathed into the lungs these insulating materials which contain 31
silicates and/or silica, large amounts of it, which can be asbestos;
and other commercial products." An autopsy report, introduced into
the record as an exhibit, establishes (a) that Mr. Gronenthal
died as a result of having developed a condition called cor
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"
pulmonale, which is described as "an enlargement of the right sid'3
of the heart due to resistance of the blood flow through the
lungs," and (b) that microscopic examination of the decedent's
lung tissue revealed "diffuse bilateral alveolar carcinoma of
the lungs (pulmonary adenomatosis)."
The real problem presented by this appeal, therefore, is to
determine what caused the cor pulmonale condition to develop in
the deceased workman's heart. After a careful review of the
record before us, we are persuaded that more likely than not,
the "asbestos" particles in Mr. Gronenthal's lung tissue were
carcinogenic agents which materially contributed to the develop
ment of the pulmonary adenomatosis, and that his combined pul
monary condition thus created caused the cor pulmonale resulting
in his death on January 12, 19 6 1.
FINDINGS
1. On January 25, 1961, the department of labor
and industries received a claim for a widow's
pension from Lilly Nancy Gronenthal, surviving
spouse of John B. Gronenthal. On June 7, 19^1,
the supervisor of industrial insurance issued
an order rejecting the widow's claim for bene
fits under the workmen's compensation act. On
,
- July 7, 1961, the petitioner filed notice of
appeal with this board, and on August 3, 19^1,
her appeal was granted.
2. From June, 1942, to July, i960, except for the
period from September, 1946, to September, 1948, the decedent was regularly employed as an insula-r tion mechanic for se-veral firms engaged in extrahazardous employment in the state of Wash ington. During his employment as an insulation . mechanic the decedent worked with various types "t. of industrial insulating materials, predominantly asbestos products and products made of glass and . extruded glass, which fundamentally are silicas and/or silicates. These products are manufact ured in various shapes and forms, including solid and flexible forms, and their installa tion requires that they be cut, shaped, pounded, . drilled, and worked on with a variety of tools. During the process of installing or applying the insulating materials, dust -composed of'-particles of Insulating materials is present in greater or lesser quantities. The' extent to which the decedent's lungs were exposed to such dust was dependent upon several factors, including the type and form of material, the size and weight of the particles of dust, the extent of
- 3 -
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1
ventilation, the temperature, the degree of
physical exertion expended by the workman,
2
and the position of the materials being in
stalled with relation to the workman.
3
3. As a result of his exposure to dust occasioned
4
by the use of these various industrial insula**
ting materials, Mr. Gronenthal developed a
5
pulmonary condition called "asbestosis," other
wise described as diffuse interstitial fibrosis.
6
The "asbestos," particles (silicas and/or
silicates) in the decedent's lung tissue acted
7
as carcinogenic agents which materially con
tributed to the development of alveolar cell'
8
carcinoma of the lungs (pulmonary adenomatosis),
and the combined pulmonary disease resulting
9
therefrom caused a condition described as cor
pulmonale as a result of which Mr. Gronenthal
10
died on January 12, 19 6 1.
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11
CONCLUSIONS
12
Based on the foregoing findings of fact, the board concludes;
13
1. This board has jurisdiction of the parties
and subject matter of this appeal. 14
2. The order of the supervisor of the super
15
visor of industrial insurance issued herein
on June 7, 1961, should be reversed and this
16
claim remanded to the department with in
structions to allow the petitioner's claim for
17
widow's benefits under the workmen's compensa
tion act and to take such further action as may be
18
authorized or required by law.
'
19
ORDER
20
Now, therefore, it is hereby ORDERED that the order of the
21 supervisor of industrial insurance issued herein on June 7, 19&1,
22 be, and the same is hereby, reversed and this claim remanded to
23 the department with instructions to allow the petitioner's claim
24 for widow's benefits under the workmen's compensation act and to
25 take such further action as may be authorized or required by law.
26
Dated this 30th d a y ^ f November, 1962.
27
28
29
30
31
HAROLD J. PETRIE <'
Member
- 4
June 26, 19^2
*
Coat lniianc es* w l l l t e , p an TM *f, w>xy,
-:. UV; 51.52*102,' Revised* Code., of ,,Washington^
' , of Procedure of the B ^ d : o f ; : I n d u s t r i a r > s u w o ^ A p p e a l s ^ i | ^ ^ ^ ^ ^
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BEFORE THE BOARD OF INDUSTRIAL INSUKi-Nua
yxAc&(
STATE OF WASHINGTON
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In re jc:s o. a s = a . , C=C'b
DOCKET n o . U.OTS
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Claim No. C-7SS531
| ^ ' SOTICE OP HEARING
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ALr;-tr:c-o Conk, FiEo-Jclao3 i.ro. Co., ~ J * t r " . 7 Z : Z l ^ r ^ Icc
VcrmicuLAlu Co., Accosiatca Acoca^u
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J o i n j . "6 ?ccis;oll, C i o A t ^ c r ^ Ccr.or? L ^ ^ :u
j. GREETINGS :^ *
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YOU AND EACH OF YOU WILL HEREWITH TAKE NOTICE that
a hearing will be held on the issues raised in the above-
numbered appeal at
-
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pursuant to Section 11, Chapter 225, Laws of 1951, and Section 5,,5, Rules of Procedure of the Board of Industrial Insurance
Appe als
*
You, are advised that Section 12, Chapter 225, Laws
of 1951, provides, that each party shall present all his
evidence with respect to the issues raised in the notice of
appeal at the above time and place and in the event of failure
so to do the board may determine the issues upon such evidence
as may be presented to it at said hearing.
_
*
Continuances will be granted only as provided in
Section 12, Chapter 225, Laws of 1951, and Section 5-9, Rules
of Procedure of the Board of Industrial Insurance Appeals,
v:hich rule3 may be procured from the Secretary of said Board.
' The parties to the above-numbered appeal are as
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She Dcparincn'L cr L m c r m l ru-roC-rco.
DATED at Olympia, Washington, this llG-i_ day of
196 "-.
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BOARD OF INDUSTRIAL INSURANCE APPEALS
By.
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CERTIFICATE OF SERVICE BY MAIL
` . L herebv certify that I have this day served the foregoing 'Notice of Hearing upon the following parties of record in t. s
proceeding by mailing a true copy thereof by United states properly addressed with postage prepaid, to each of the following parties to the proceeding or his attorney or authorized agent as
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DATED at Olympia, Washington, this -th_day of ^ c onr.ee
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SECRETARY, BOARD OF INDUSTRIAL INSURANCE APPEALS
September 5| 1961
Hr* 7. L* Gardner Armstrong Contracting and Supply Corp* 120 North Line Street Lancaater, Pa*
Dear Tredl
Subject!
John B. Gronenthal.^ -
Workmen* 8 Compensation Claia
Washington
l' "
The attached notice indicates a hearing will be held September 12, in Spokane, Washington* Our reoords indicate Gronenthal vaa employed in Washington by both Armstrong Cork Company and Armstrong Contracting and Supply.
We did not receive a copy of the accident report, however, ve presume this is an asbestos!s claim which comes under the jurisdiction of the Washington DepartmentTof Labor and Industries.
In case someone in the Spokane Office might wish to attend the hearing ve list below the periods of employment with Armstrong Contracting and Supply!
June 9, 1958 to August 28, 1958
Deoember 23, 1958 to March 13, 1959 October 13, 1959 to November 3, 1959 January 18, I960 to June 3, I960
Washington is a monopolistic state, not covered by Travelers.
Sincerely yours,
MLT Enclosure
R* C* Schiedt, Jr Insurance Department
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BEFORE THE BOARD OF INDUSTRIAL INSURANCE APPEALS
STATE OF WASHINGTON
UG 1C -Boi
In re jiin B. OBONEKTilALj D B C 'D. ) Claim No. C753051
D OCKET NO. ^ ORDER GRANTING APPEAL
Claimant's notice of appeal in the above-entitled claim came on for consideration this day. After considering the allegations contained in said notice of appeal, this board is of the opinion that claimant's appeal should be granted.
It is, therefore, ORDERED that the above appeal be granted and that a conference be held on the issues raised theiein a_ter due notice of time and place to all interested part3.es.
C C I Dated this 3 r d day of_ A u g u s t
19 5 1
Lilly Kancy Groen tha E. 1116 fifth Avenue Spokane, Washington
BOARD OF INDUSTRIAL INSURANCE APPEALS
Fredrickson,
&
Attorney at Law
203 Rookery Bldg. Spokane, Washington
V S. Jenkins 1955 1st Avenue So. Seattle, Washington
-
Chas. K. Brower Co. 114 Virginia St. Seattle, Washington
Bell
RRIS LYNCH
Chairman
JOE DAVIS
Memos r
----
O -- --- ---
H A R O L D NJ. PETRIE V " T
Member
ccs Associated Asbestos & Cork 4401 23rd Avenue W. Seattle, Washington
Curile insulating Co. K. 713 Cool Spokane, wash.
insulation Incorporation k. O. Box 1302 Spokane, Washington
Armstrong Cork G3 Terminal Sales Bldg* Seattle, Washington
Armstrong Cent. & Supply Co. A 2 0 N. Limo St. ^Lancaster, Pennsylvanie
Fiberglass Bug, Co,
r, 0 , B s x 89
Santa Clara, Calif.
E, J. Bartells Co.
1212 6th Averne So.
Seattle, Washington
Tacoma Asbestos
24th 6 K
Tacesse, Washin g t o n
cc Dept* of Labor and 'Industries
Vcrmlculit Co. 2107 H. 34th St. Seattle, Washington
_
..
Ti'IS ORDER AND COPY' OF APPEAL REFERRED TO HEREIN ARE FORWARDED TO THE I
PARTIES IN COMPLIANCE WITH THE PROVISIONS OF SEC. 8, CHAP. 274, LAWS OF 1961.
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, Bex ora m e Board gf m i s t r i a l Appeals
'
State Of Washington
. ;l.,
ti Rs John B, Gronar.th&I, Dee* D* ;) '
r.ockot No 1.5,975
.Claia No C-753051____________________ }
Appearances?
* *' `
f
-s'''- ' ' - = :
Petitioner,. Lilly Nancey Gronenthal, by
Frederickson, Maxey & Bell, Per
'
lAo H. Fredrickson
Employers. ''
Verarieulite Contractors, Inc. By
Bayley, Fite, Westberg & Madden, per
Alfred J* Westberg
'
'
Decision And Order )
'
Fiberglas Engineering Co., by Joseph J* Stangle And George Young
E. G,' Barte11s, by
H. A. Johnson and E. W. Eller,Contaact Manager
.
V. S. Jenkins,
`
none
1
Curtis Insulation Co,, None
Charles R. Brower Co,, .
,
None
Associated Asbestos & Cork None
Insulation, Inc.,
None
.
Armstrong Contractors-^ Supply Co,.
- None
.
'
'
Tacoma Asbestos,
None
Department of Labor and Industries, by
,
The Attorney General, per
Harcus M. Kelley, Assistant
Appeal filed by the petitioner, Lilly Nancy Gronenthal, Widowof the deceased workman, John B. Gronenthal, on July 7, 1961, denying the petitioner's claim for a widows pensio n on the 7 day o June 1961, On the Ground that the decedents death was due to
-1 -
11/30/62
Alveolar cell carinoma, a condition which was alleged to be unrelated to his occupation* Reversed and remanded* .
f * Decision JSdUt______
The deceased workmen,. John B, Gronenthal, Died on January 12 1962, Thee issue presented by this appeal is whether the deceased workman
dev elopedan occupational disease as a proximate result or his exposure to various commercial insulation materials in the course of his
employment in this state from 1942 to i960 as an insulation installer
for one or more of the various employers forwhom he worked during
that period, S t apeon Logging Company v. Department of Labor and Industries
32 Wa. (2d) 472 and Favor v* .Department of labor and Industries,
53 Wn* (2d) 698; and if so, whether that disease was a materially
contributing factor to his death, Towns v. Department of Labor
and Industries , 51 Wn (2d) ,644 in the sense that death would not
' have occured when it did without such disease,
Petersen v, Department, of labor and Industries, 40 Wn, $2d) 635,
and that ho otherwise would have lived for an indefinite and
unpredictable time*
.
$
.
Work, T* Department of Labor and Industries, 48, (2d) 74, .
'rhs issue must be decieded by the board " upon the evidence rather than upon the information or experience of " its membersS \
Kaiser Aluminum and Chemical Corpation V, Department of Labor
and Industries, 45 Wn , (2d) 745,
It is clear from the record that from 1942 to i960 Mr,
Gronenthal, while working, was exposed to a variety of commercial minerals establishes that the major constituent of most of thee
was "silica or a silicate compound, " It is uncontroverted on the records that he developed a condition called Asbestosis, otherwise discribed as "interstitial fibroses, diffuse, as a result of having breathed into the lungs these insulating materials which contain silicates and / or silica, large amounts of it, which can be Asbestos and other commercials products," An autopsy report,
introduced into the records as an exhibit,establishes (2) that
?tr* Gronenthaldied as a result of having developed a condition called oorpulmonale, Which is described as " an enlargement off the right side of the heart due to resistance of the blood flow through the lungs," And (B) that microcopic examinationof the decedent'slung tissue revsaled " diffuse bil-ateral alveolar carcinoms of the lungs ( pulmonary adenomatosis), "
The real problem presented by this appeal, therefore, is to determine what caused the tor pulmonale condition to develop in the deceased workman's heart. After a careful review of the record before us, We are persuaded that more likel y than not, the " Asbestos" particles in Mr, Gronenthal's lung tissue wer e carcinogenic agents which materially contributed to the development of the pulmonary adenomatosis, and that his combined pulmonary condition thus created caused the cor pulmonale resulting
in his death on 12, 1961#
f i n d ings
1, On January 25, 1961, the department of laborand industries received a claim for a widow's pension from Lilly Nancy
Gronenthal^ Surviving Spouse of John B, Gronenthal. On June 7, 1961,the supervisor of industrial insurance issued an order rejecting the"widow's claim for benefits under the workmans compensation act. OnJuly 7, 1961, the petitioner filed notice ofappeal with this board, and on August 3
1961, her appeal was granted.
From June, to July, I960, except for the peroid from September, 1946,to September, 1948, the decedent was regularly employed as an insulation mechanic for several firms Engaged in extrahazardous employment in the state of Washington. During his employment as an insulation mechanic the decedent worked with various typesof industrial insulating materials, predominantly asbestos products and products made of glass andextruded glass, which fundamentally are silicasand/or silicates. These products are manufactured in various shapes and forms, including solid and flexible forms, and thier installation requiers that yhey be cut, shap ed, pounded, drilled, and worked on with a variety of teela During the process of installing or applyingthe insulation materials, dust composed of particles of insulating mater ials is present in greater er lesser quantities* ^he extent to which the decedent's lungs were exposed to such dust was dependent upon several factors, including the type and form of material, the size and weightof the particlesof dust, the extent of ventilation, the, temperature, the degree of physical exertion expended by the workman, and the position of the materials being installed with relation to the workman,
as a result of his exposure to dust occasionedby he use of these various industrial insulating materials, Mr, Gronenthl developed a pulmonary condition called " Asbestosis, ".other wise described as diffuse interstitial fibrosis. The " Asbestos particles (silicas and/or silicates) in the decedents lungs tissue acted as carcinogenic agents which materially con tributed to the development of alveolar cell carcinoma of the lungs ( pulmonary adenomatosis), and the combined pulmon ary disease resulting therefrom caused a condition described as cor pulmonale as a result of which Mr, Gronenthal died on January 12, 1961.
Conclusions Based on the foregoing findings of, theboard concludes
This board has jurisdiction of the parties and subject natter of this appeal.
"he order of the supervisor of thesupervisor of industrial insuranceissued herein on Juno 7, 1961, should be reversed and this claim remanded to the department with instructions to allow the petitioner's claim for widow's benefits under
the workmans compensation act and to take such further action as may be authorized or required by law.
_Ordar_ Now, therefor, it is hereby Ordered that the order of the supervisor of industrials insurance issued herein on JunB
7 , 1961,be, and the same is hereby , reversed and this claim
remanded to the department with instructions to allevrw tke
petitioner 'a claim for widow's benefits under the workmans compensation act and.to take such further action as may be authorized 3!o**r required by law Dated this 30th day of Nrrember, 1962
Board of Industrial Insurance Appeails
H. Powell
member
Harold J Petrie
member