Document by7kbEXa1BboKNJLMdqV92j7D

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1959 DOC#: WCC067 DOCUMENT DESCRIPTION: Workers Comp File - Riley, James W * i J: t J' . ESSORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA JI CASE NO. 57 IA 183-835 JAMES WHITCOMB RILEY, Applicant, vs. JOHNS-MANVILLE, INC., a Corporation, et al., Defendants. } . , ^ ( ) ) APPLICATION FORHEARING AND ( PETITION FOR REAPPORTIONMENT ) AND DETERMINATION OFADDITIONAL ( A N D MULTIPLE LIABILITY AND ) RESPONSIBILITY UNDER LABOR CODE ( SECTION 5500.5. COMES NOW your Petitioner, THE INDUSTRIAL INDEMNITY COMPANY, and by this, its Petition, respectfully states, shows, alleges, and petitions as follows: STATEMENT OF FACT AND ALLEGATIONS James Whitcomb Riley, born October 23, 1899, sustained an industrial injury (occupational disease of asbestosis with com plications) during the approximate period of January 1920 through May, 1957 while employed in California at maximum earnings as an insulator by multiple employers under multiple insurance coverages. That applicant became temporarily totally disabled on May 20, 195?, which temporary total disability continues to the present time with no cessation date available or foreseeable. That applicant sustained and incurred substantial medi cal treatment to cure and relieve from the effects of his industrial injury which need continues with no cessation date available or fore seeable. That applicant, may ultimately sustain some permanent dis ability, the extent of which is presently incapable of exact evalua tion. That an application for hearing for compensation benefits was filed on or about August 2, 1957 which was followed by substan tial litigation resulting in a Findings and Award of November 27, 1959, a copy of which is attached hereto and made a part of this record as Exhibit "A". That Petitions for Reconsideration were filed by multiple 1 9, defendants but denied by Order of the Southern Panel of the Indus trial Accident Commission on February I+, 1960. That on or about March 3, I960, applicant made an election against your Petitioner only, as among those held jointly and sever ally, liable to pay said Findings and Award which payments in fact have been made and continue to be made, That your Petitioner has bomplied with and continues to comply with said Bindings and Award. Also that to date your Peti tioner has paid $7^00.00 In temporary total disability and ^1376.17 for medical treatment. FIRST, THAT APPORTIONMENT OF THE ABOVE MENTIONED LIABILITY 4 AND RESPONSIBILITY BE ALLOWED AS BETWEEN THOSE PARTIES HELD JOINTLY AND SEVERALLY LIABLE UNDER THE ORIGINAL FINDINGS AND AWARD BUT AGAINST WHOM NO ELECTION FOR PAYMENT WAS MADE. Briefly, your Petitioner respectfully requests that fur ther proceedings be had to determine the extent of liability and responsibility under the Compensation Laws of the State of California of the various jointly and severally liable defendants who, as yet, have not been compelled to satisfy any part of said Findings and Award. As said parties are already joined in this matter, and their employment-coverage relationship already adjudicated, your Petitioner asks that these parties be again joined only if necessary and be given notice of said proceedings so as to determine their proportionate liability: SECOND, THAT THE FOLLOWING PARTIES EMPLOYER AND COMPENSA TION CARRIER BE JOINED AS PARTIES DEFENDANT SO THAT THEIR RESPECTIVE PROPORTIONATE LIABILITY AND RESPONSIBILITY CAN BE JUDICIALLY DETERMINED. It is respectfully asserted that the applicant herein also sustained the industrial injury as alleged herein while in the employ of the following employers for the following periods and under the following compensation insurance coverage (see also attach ed letters of California Inspection Rating Bureau and Social Security Administration, marked as Exhibits B & C). - 2- EMPLOYER 1. Warren & Bailey Co. 3323 So. Garfield Los Angeles, Calif. APPROXIMATE PERIOD OF EMPLOYMENT 1925-1927 2. Plant Rubber & Asbestos Company 27I4.I So. Yates Ave, Los Angeles, Calif. {believed merged w/ Thorpe Insulation Co. same address) 1929-1931} and 1938 3. Weston Asbestos Co. 675 Townsend Street San Francisco, Calif. Fourth quarter 1937, First quarter 1938 1}. M. R. Carpenter 907 Front Street Sacramento, Calif. May 1933 5. Plant Rubber and Asbestos Works 937 Binnon Street San Francisco 7,Cal. aka Fibre Eoard Paper Products Corp., and Parriffine Co., Inc, (same address) 1933-19l}6, irregular 6. Earl 0. Stice Company 852 West Doran Street Clendale, California 19l}6 7. C. R, Dutton, C.A. Leighton, Weston Fibre Gla3s Supply, Ltd. 739 Bryant Street San Francisco 7> Calif. 19l}6 8. Marine Engineering & Irregular 19^6-1951 Supply Company 911} S. Second Street Los Angelos 12, Calif, (believed merged with Owens-Fibre Glass Co., 5933 Telegraph Avenue Los Angeles, California) 9. Roderick Lynch, dba 191}7-!9i}S Lynch Asbestos Company 2132 Sacramento Street Los Angeles 21, California 10. Warren k Bailey Company 350 So. Anderson Street Los Angeles, California 19!}7 11. United Cork Company ?Iearney, Hew Jersey Second quarter 191}S COMPENSATION CARRIER Unknown Unknown State Compensation Insurance Fund. PoHcyJTos. 93221+36, 9322U37, 9322U38 State Compensation Insurance Fund Permissibly selfinsured; Pacific Indemnity Company Unknown Industrial Indemnity Exchange Policy Nos. 1+1+9933, UU60711} Pacific Employers Insurance Company Industrial Indemnity Company Policy Nos, 61}73-01137, 6U83-011U5 State Compensation Insurance Fund Liberty Mutual Insurance Company - 3- APPROXIMATE PERIOD OF EMPLOYMENT 12. Plant Insulation Co. 271*1 So, Yates Ave. Los Angeles 22, Calif. (now known as Thorpe Insulation Company, same address) 191*8-1955 Intermittently 13. Cqrk Insulation Co,,Inc. Fourth quarter 191*3 155 East l*l*th Street New York 1?, New York 11*. J. T. Thorpe, InC, 91*8 E, Second St. Los Angeles 12, Calif. First quarter 191*9; 1956-1957 15. Neindt Cork Company 7101 Tonelle Ave. North Bergen, N. J. First and second quarters 1950; Fourth .quarter 1952 16. Metal Clad Insulation Company 1759 Western Ave. Torrence, Calif. Second & third quarter 1950 17. J. T. Thorpe & Sons,Inc. Fourth quarter 1950 1351 Ocean Avenue Emoryville, Calif. 18. Oil Field Construction Co. of Bakersfield 2650 Cherry Ave. Long Beach 6, Calif, Second & third quarter 1951 19. E. J. Bartells Company 12 - 26th Avenue S. Seattle 1*, Washington Third quarter 1951 20. Armstrong Cork Company Fourth quarter 1951 Liberty & Charlotte Sts. " " 1953, Lancaster, Fenna, 1951* 21, Isothein Company 2100 Union Avenue Bakersfield, Calif, First & Second quarter, 1952 22. Jamar & Olneh Co. 320 North Handling Chicago 21*, Illinois Second, third &. fourth quarter 1952 23. Asbestos Products Co. P. 0. Box 988 San Diego, California Fourth quarter 1952 21*. United Refactory Construction Co. 1201 Bankvilla Road Pittsburgh, Penna, First quarter 1953 25. Philip Carey Mfg. Co. Lockland Cincinnati, Ohio Third quarter 1952 First quarter 1953 COMPENSATION CARRIER Pacific Employers Insurance Company Fireman's Fund Insurance Company - Unknown Pacific Employers Insurance Company American Motorist Insurance Company Unknown The Aetna Casualty & Surety Company Unknown The United Pacific Insurance Company Policy No. TCW 13353 Associated Indemnity Company Policy Nos. 0-1*7-3752 & 1*7-6597 Standard Accident Insurance Company The Travels insur ance Company Industrial Indemnity Company Policy Nos. 6515-011*01* and 6525-01112 The Employers Mutual Liability Insurance C ompany State Compensation Insurance Fund Liberty Mutual Insurance Company General Accident, Fire k Life nSTtrsMMu. Corp. - U - EMPLOYER APPROXIMATE PERIOD OP EMPLOYMENT COMPENSATION CARRIER 26. Reese Insulation Co, Fourth quarter 1952 6025 District Blvd, First quarter 1953 Los Angeles 22, Calif, Argonaut Insurance Policy No, 50638 27, Owens-Coming-Fibre Glass Corporation Toledo, Ohio Fourth quarter 1951+ The Aetna Casualty & Surety Company 28, Coast Insulation Products Corp, 2316 San Fernando Rd, Los Angeles, Calif, Fourth quarter 1951+, First, second and Fourth quarter 1955 First quarter 1956 29. Los Angeles Cork Co, Second quarter 1955 1+180 E.Washington Blvd. Third quarter 1955 Los Angeles, Calif. 30. Johns-Manville Sales Corporation 22 East l+Oth Street New York 16,. N. Y. Third quarter 1955 Guarantee Insurance Company Policy UC-206829 & C-511+978; Argonaut Insurance Exchange Policy Nos. 86736 and 95792 National Automobile & Casualty Co. Policy Nos. C51+7121 and C572253 The Travelers In3urr ance Company Policy' Nos.395561+7 & 1+979820 31. Totman; Morgan Company First, second and 122 So, Michigan Ave, Third quarters 1956 Chicago 3 Illinois 32. Mountain State Construction Co. P. 0. Box 7586 Denver, Colorado Second quarter 1957 The Employers Liabi lity Assurance Corp. Ltd, Policy N 03. WC 3119719 & WC3H+8253 Unknown It is therefore respectfully requested that all of the above named employers and carriers be joined, if not already joined in this action, as parties to said action. Further, the requested joinder is listed below: 1. Warren & Bailey Company, 3528 So,Garfield, Los Angeles, Calif. 2. Plant Rubber and Asbestos Company, 2?1+1 So.Yates Ave., Los Angeles 3. Tborp6 Insulation Co., 271+1 So,Yates Ave., Los Angeles, Calif. L+, Weston Asbestos Co,, 6?5 Townsend St., San Francisco, California 5. M, R, Carpenter, 907 Front Street, Sacramento, California 6. State Compensation Insurance Fund, 600 So.Lafayette Park PI., L.A. 7. Plant Rubber and Asbestos Works, 937 Binnon St., San Francisco 7 3. Fibre Board Paper Products Corp,, 937 Binnon St,, San Francisco 7 9; Parrifine Co,, Inc., 937 Binnon St,, San Francisco 7, California 10, Earl 0. Stiee Co,, 852 WG9t Doran Street, Glendale, California 11, C, R, Dutton, C. A, Leighton, Weston Fibre Glass Supply, Ltd., 739 5ryant Street, San Fruncisco 7, California - 5- 12, Industrial Indemnity Exchange, 350 Sansome St,, San Francisco 13, Marine Engineering Supply Co., 911+ E..Second St,, Los Angeles 12 11+. Owens-Fibre Glass Co., 5933 Telegraph Ave., Los Angeles, Calif. 15. Pacific Employers Insurance Company, 1033 So. Hope St,,Los Angeles 15 16. Roderick Lynch, dba Lynch Asbestos Co., 2152 Sacramento St,, L,A. 17. Warren & Bailey Co,, 350 So,Anderson St,, Los Angeles, California 1 8 . United Cork Company, Kearney, New Jersey 19. Plant Insulation Co., 271+1 So, Yates Ave., Los Angeles 22, Calif. 20. Thorpe Insulation Co., 271+1 So. Yates Ave,, Los Angeles 22, Calif. 21. Fireman's Fund Insurance Company, 3U-U0 Wilshlre Blvd,, Los Angeles 22. Cork Insulation Co.,Inc,, l5 East i4.I4.th Street, New York 17, N.Y. 23. J. T. Thorpe, Inc,, 914-8 E, Second St., Los Angeles 12, Calif. ` 2 4. American Motorist Insurance Co., 351+5 Wilshire Blvd., Los Angeles 5 25. Nelndt Cork Co., 7101 Tonnelle Ave., North Bergen, New Jersey 26. Metal Clod Insulation Co,, 1759 Western Ave., Torrance, Calif, 2 7 . The Aetna Casualty & Surety Co., 810 So, Spring St., Los Angeles II4. 28. J. T. Thorpe & Sons, Inc., 1351 Ocean Ave,, Eraoryville, California 29. Oil Field Construction Co. of Bakersfield, 2650 Cherry Ave. Long Beach 6, California 30. The United Pacific Insurance Company, 616 S. Shatto Pi,, L. A, 31. E. J. Bartells Co., 12 - 26th Ave.,,S., Seattle l+, Washington 32. Associated Indemnity Company, P.O.Box 2133; Eos Angeles S h i Calif. 33. Armstrong Cork Company, Liberty & Charlotte Sts., Lanas ter, Penn. 3+. Standard Accident Insurance Company, 51+8 So,Kingsley Dr., L.A, 35. The Travelers Insurance Company, 510 West Sixth St., Los Angeles 36. Isothein Company, 2100 Union Avenue, Bakersfield, California 37. Jamar & Olneh Company, 320 North Handling, Chicago 2l+, Illinois 38. The Employers Mutual Liability Assurance Co,,Ltd., 639 S.New Hampshire Los Angeles, California 39. Asbestos Products Co., P.O.Box 988, San Diego, California I4O. United Refactory Const. Co., 1201 Bankville Road, Pittsburgh, Pa. Ul. Philip Carey Mfg, Co., Lockland, Cincinnati, Ohio .... 1+2. General Accident, Fire & Life Insurance Corp., 3535 W. 6th Set," L.A.' 1+3. Reese Insulation Co., 6025 District Blvd., Los Angeles 22, Calif. UU. Argonaut Insurance Company, 1001 Wilshire Blvd., Los Angeles 17 1+5. Owens-Corning-Fibre Glass Corp., Toledo, Ohio yr l;6, Coast Insulation Products Corp,, 2316 San Fernando Rd., L. A. 65 1+7. Guarantee Insurance Company, 1671 Wil3hire Blvd,, L. A., Calif. !^8. Los Angeles Cork Company, U.180 E, Washington Blvd., Los Angeles U9. National Automobile & Casualty Company, 639 So. Spring St., L.A. 50. Johns-Manville Sales Corp,, 22 East i+Oth St., New York 16, N.Y. 51. Liberty Mutual Insurance Co,, 71i+ So. Hill St., L03 Angeles 52. Totman, Morgan Company, 122 So. Michigan Ave., Chicago 3, Illinois 53. Industrial Indemnity Co., P, 0. Box 2252, Los Angeles 51+. Mountain State Construction Co., P. 0. Box 7586, Denver, Colorado It is therefore respectfully requested that the above mentioned parties be joined as parties defendant and the matter set for further hearing at the first date`available to the Industrial Accident Commission, Please be advised that copies of this Petition and the attached documents thereto have concurrently been served upon all parties already joined or requested to be joined concurrent with the filing of this Ptition, Dated this 18th day of November, I960. Respectfully submitted, HERLIHY & HERLIHY By George JD. Thompson I, the undersigned, say: I am the attorney for Petitioner in the above entitled action; I have read the fore going Application for Hearing and Petition and know the contents thereof; and that the same is true of my own knowledge,' except as to matters which are stated upon my information and belief, as as to those.matters that I believe it to be true. I certify and declare under penalty of perjury that the foregoing is true and correct. Executed on November 18, I960 at Los Angeles, California, George T.- Thompson BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATS OF CALIFORNIA CASE NO, 57-L.A..182-835 JAMES WHITCOMB RILEY, Applicant, vs, JOHNS-MANVILLE, INCORPORATED, a corporation; SOUTHERN ASBESTOS & MAGNESIA CORPORATION, a corporation; ASBESTOS COMPANY OF CALIFORNIA! PLANT RUBBER & ASBESTOS COMPANY; LOS ANGELES RUBBER COMPANY; MARINE ) ENGINEERING COMPANY, a corporation; ( FIBERGLASS ENGINEERING 8s SUPPLY ) COMPANY, a corporation; ROBERT 0. ( LYNCH, an individual, doing business ) as Lynch Asbestos Company and LYNCH < ASBESTOS COMPANY, a corporation; ) PLANT INSULATION COMPANY, a corpora ( tion; COAST INSULATION PBODUCTS, a ) corporation; ARMSTRONG CORK COMPANY, ( a corporation; J, T, THORPE, INC., ) a corporation; WARREN AND BAILEY; ( TQTMAN-MQRGAN COMPANY; OWENS-CORNING ) FIBERGLASS COMPANY, PACIFIC COAST ( DIVISION; FIANT INSULATION AND THORPE ) COMPANY; ( ) EMPLOYERS LIABILITY ASSURANCE COR ( PORATION, LTD. of LONDON, ENGLAND, ) a corporation; THE TRAVELERS INSUR ( ANCE COMPANY, a corporation; ASSO ) CIATED INDEMNITY COMPANY, a corpora ( tion; FIREMAN'S FUND INDEMNITY COM ) PANY, a corporation; AETNA CASUALTY { & SURETY COMPANY, a corporation; ) INDUSTRIAL INDEMNITY COMPANY, a ( corporation; EMPLOYERS MUTUAL LIA ) BILITY INSURANCE COMPANY OF WISCONSIN, ( a corporation; GUARANTEE INSURANCE ) COMPANY, a corporation; ARGONAUT ( INSURANCE COMPANY, a corporation; > AMERICAN MOTORISTS INSURANCE COMPANY, ( a corporation; ZURICH INSURANCE COMPANY, a corporation; PACIFIC EMPLOYERS INSURANCE COMPANY, a ) corporation, ( ) Defendants, ( ) FINDINGS AND AWARD, ORDER DENYING LIEN C U L M S AND ORDER DISMISSING PARTY DEFENDANT Hays and McLaughlin, by John F. McLaughlin, applicant's attorneys Herliby &, Herlihy, by Kennis T. Jones, attorneys for Argonaut Insurance Co., Phoenix Indemnity Co., Fireman's Fund Indemnity Co,, Industrial Indemnity Co., and Employers Liability Assur ance Corp., Ltd, of London, England Clopton and Penny, by R. Wriesner, attorneys for Pacific Employers Insurance Co. 1 EXHIBIT "A" Tipton & Weingand, by C. Weingand, attorneys for Associated Indemnity Corp. Spray, Gould and Bowers, by M. W. Bralley, Jr, attorneys for Employers Mutual Liability Insurance Co, of Wisconsin and Guarantee Insurance Co. P, E. Carignan, representative for American Motorists Insurance Co, Joseph Bilchak, representative for The Travelers Insurance Co, # `k it An Application having been filed herein and all parties having appeared and the matter having been regularly submitted for decision, GEORGE A, HARTINELLI, Referee, makes his Findings and ( Award, Order Denying Lien Claim and Order Dismissing Party Defendant as follows; FINDINGS OF FACT 1. James Whitcomb Riley, born October 23. 1899 while employed as an insulator by various employers in the State of California, commencing in the month of January, 1920 continuing through May 19 1957, sustained injury arising out of and occurring in the course of his employment as follows: In the performance of his occupational duties, the applicant was exposed during each and every day of his employment to deleterious dusts, the accumulative effects of which resulted in a pneumoconiosis and tuberculosis which rendered the applicant totally disabled on May 19, 1957. 2. The names of the employers and insurance carriers for said employers during the periods of said employment and ex posure are as follows: (a) Employers; Johns-Manyille, Incorporated; Warren and Bailey; Southern Asbestos &. Magnesia Corporation; Plant Rubber and Asbestos Company; Los Angeles Rubber Company; Plant Insula tion Company; Marine Engineering Company; Robert 0. Lynch, an indi vidual, doing business as Lynch Asbestos Company and Lynch Asbestos 57-La 132-335 - 2 - EXHIBIT "A" Company} Plant Insulation and Thorpe Co,; Armstrong Cork Company; Coast Insulation Products; Totman-Morgan Company; and J, T. Thorpe, Inc, (b) The insurance carrier for Marine Engineering Company, a corporation, and Plant Insulation Company, a corporation, during a part of the period of applicant's employment, was Pacific Employers Insurance Company, a corporation. The insurance carrier for Robert 0. Lynch, an indi vidual, doing business as Lynch Asbestos Company and Lynch Asbestos Company, a corporation during a part of the period of applicant's employment, was Industrial Indemnity Company, a corporation. p The insurance carrier for Coast Insulation Products, a corporation, during a part of the period of applicant's employ ment was Guarantee Insurance Company, a corporation. The insurance carrier for J, T. Thorpe, Inc., a corporation, during the entire period of applicant's employment, was American Motorists Insurance Company, a corporation. The insurance carrier for Plant Insulation Company, a corporation, during a part of the period of applicant's employ ment, was Fireman's Fund Indemnity Company, a corporation. During said times, all the employers and the employee were subject to the provisions of the Labor Code of the State of California. 3. Said injury caused temporary total disability, entitl ing the applicant to \\0. 00 per week beginning May 20, 195? through November 16, 1959 and thereafter during the continuance of disability or until the further Order of this Commission, based upon maximum earnings, U. Defendants are entitled to credit for all sums hereto fore paid as disability indemnity. 5. Applicant is entitled to be reimbursed for the reasonable value of medical treatment procured by him to cure or relieve from the effects of said injury, to be adjusted by the 57-LA 132-935 - 3Exhibit "A" parties among themselves. If adjustment is not possible, this Com mission will determine the matter upon the filing and service of itemised bills. Among the items of reimbursement are the following: The defendants are directed to pay to Veterans Administration Hos pital the sum of $2,685.60; to Dr, C, Pierre De Lawter, the sum of $105.00; for services rendered as anesthesiologist which was author ized by the defendants; and to Dr. John K, Shirey, the sum of $331.00. 6 , In view of Finding #5> the lien claims of Dr. C. Pierre De Lawter and Veterans Administration Hospital should be denied. 7, Pursuant to Labor Code Section I46OO, applicant is entitled to the reasonable, actual and necessary medical expens? incurred for x-rays, laboratory fees and medical reports required to successfully prove his claim herein, in the sam of $150.00 pay able directly to Dr. John K. Shirey. 8, Founders Insurance Company is entitled to a lien against unpaid compensation in the sum of $1 ,014.0.00 for the period beginning May 27* 1957 for a period of 26 weeks, at the weekly rate of $U0.00 under the provisions of Labor Code Section Lv903-F. 9, Founders Insurance Company is not entitled to a lien in the sum of $ 120.00 for hospital benefits paid the applicant under the provisions of the Labor Code, 10. Applicant is entitled to such further medical and/or surgical treatment as may reasonably be required to cure or relieve from the effects of said injury. This treatment is to be furnished by the defendants herein, 11. Said injury will result in permanent disability. Further hearing to establish the extent thereof will be held by the Commission upon the request of any party in interest upon proof that the disability has become permanent and stationary. 12. The claim heroin is not barred by the Statute of Limitations, 57-LA 132-835 - I4 EXHIBIT "A" 13. Defendants have not been prejudiced by any alleged failure of the applicant to report said injury within the time required by the provisions of the Labor Code. ili. Applicant's attorneys are entitled to a lien against unpaid compensation for the reasonable value of their services in the sum of $ 750.00. 15. Pursuant to stipulation of the parties, Phoenix Indemnity Company, a corporation,-is entitled to be dismissed and discharged herefrom. award AWARD IS MADE in favor of James Whitcomb Riley against Johns-Manville, Incorporated, a corporation; Warren and Bailey; Southern Asbestos & Magnesia Corporation, a corporation; Plant Rubber and Asbestos Company; Los Angeles Rubber Company; Plant Insulation Company, a corporation; Marine Engineering Company, a corporation; Robert 0. Lynch, an individual, doing business as Lynch Asbestos Company and Lynch Asbestos Company, a corporation; Plant Insulation and Ihorpe Company; Armstrong Cork Company, a corporation; Coast Insulation Products, a corporation; Totman-Morgan Company; Pacific Employers Insurance Company, a corporation; Indus trial Indemnity Company, a corporation; Guarantee Insurance Company, a corporation; American Motorists Insurance Company, a corporation; and Fireman's Fund Indemnity Company, a corporation, jointly and severally, of the sum of $i;0. 00 per week beginning May 20, 1957 through November 16 ,19 5 9 and thereafter during the continuance of disability or until the further Order of this Commission; together with interest as -provided by law; less all sums heretofore paid; less the sum of $1,0L}.0.00 payable to Founders Insurance Company, as outlined in Finding #8; and less the sum of $750.00 payable to Hays and McLaughlin, as attorneys' fees; together with reimbursement for the reasonable value of his 9elf-procured medical treatment; among the items of reimbursement, the defendants shall pay directly to 57-l a 132-835 -5 Exhibit "a" Veterans Administration Hospital, the sum of $2,635,60; to Dr, C. Pierre De Lawter, the sura of $105,00; and to Dr, John K. Shirey, the sum of $331,00, a3 outlined in Finding #5; together with reim bursement under Labor Code Section U600 in the sum of $150.00 payable directly to Dr. John K. Sbirey; together with such further medical and/or surgical treatment as may reasonably be required to cure or relieve from the effects of said injury, as outlined in Finding #10. XT IS ORDERED that the lien claim of Veterans Admini stration Hospital and the lien claim of Dr. C, Pierre De Lawter be and they are hereby DENIED. < IT IS FURTHER ORDERED that Phoenix Indemnity Company, a corporation, be and it is hereby DISMISSED, DEFENDANTS ARE FURTHER ORDERED to report to report to this Commission on Form C-6 within ten days after the cessation of compensation payments under the above continuing award. Copies of said form and copies of all reports incidental thereto are to be served on all adverse parties before filing with this Commission. GAMiNN GEORGE A, MARTIKELLI_________ Referee ' INDUSTRIAL ACCIDENT COMMISSION 57-LA 132-835 DATED AT LOS ANGELES, CALIFORNIA NOVEMBER 2?, 1959 SEAL - 6E x h i b i t UAU