Document byjMBNdVne9dJ2jvqG4ybRaRy

^ con *'F MORRIS J. HCUKO'/ITZ, 1'. D. Rochester 7, N. i* January 16, 19*0 : PLAINTIFF'S j EXHIBIT | . */?-$. rM (Amerioan) Lumbermen'8 Mutual Casualty Co. of Illinois 918 Reynolds Arcade Building Roohester, N. Y. . Re; Vera Clemons. Deceased, Palmyra, N. Y. vb: Oarlock Packing Company, Palmyra, N. Y. Gentlemen: This L2 year-old, married vosan entered the employ of the Oarlock Company on May 20, 1918 and worked there steadily until July 3, 1928 in the textile room, operating a loom and a oreel. She then returned to the same kind of work on September 17, 1928 and worked through ` June 29, 1929. She was then married and left the company's employ. She had three ohildren. During her married life she 18 said to have gained weight and to have had some shortness of breath. On December 3, 19^2 she again went to work for the Garlock Company, in the same depart ment, and worked steadily until November 2$, 19*0. 0n this last date, she resigned "without any explanation". . On April 8, 19*0, he was seen Dr* Harsh of Palmyra, N. Y.; at this time she complained.of.pain in the ohest, shortness of breath and cough. On Hay 15, 19^3, her chest was x-rayed by.the State Department of Health Ciinlo at Newark, N. Y. Theoe films wore examined by Drs. J. H. Green, E. G. \*hipple, John MacMillan and me. Dr. Green reports on them as follows; There is infiltration involving the larger part of the right lung. The shadows are muoh denser near the hllum. There is a dense shadow in the left lung near the hllum. The two dense shadows largely obscure the heart shadow. No accurate measurements of the heart can be given. The leaves of the diaphragm are quite high. The right leaf of the diaphragn lies above the 8th posterlpr rib and the left leaf lies Just below the 8th posterior rib. There are some areas of decreased density in the lungs, suggesting emphysema*. On June 5, 19*01 she was again x-rayed by the State Department of Health, this tine at Palmyra, N. Y. This film shows Changes similar to those described in the film of P.ay 15, 19*0- The dense shadows extending out near each.hilura obsoure the heart shadow. There is in filtration involving the larger part of the right lung. The leaves of the diaphragm are high". The diagnosis, made by the State Department of Health on the above two films, was "pulmonary fibrosis". 1 On or about September 26, the patient was sent into the Genesee Hospital of Rcohester, by Dr. Harsh; here, she was attended by Dr. ^ PLAINTIFF'S EXHIBIT * CAR-1 1 7 PLAINTIFF'S 1 [f 1i EXHIBIT I Vern Cl or'-ns v. Carlock P licking Company Page 2 f.rtin i3. I nhr.or.. In ,w-t'i:-.ber ??, an-tkor chert fllrs van taken k the h*r-\tai. Vhlr. shoved "Infiltration cf the lunge, as described \n the V c : rev i.;u?. films. In addition, there In a pneumothorax pocket In the rl'h.t pleural -space, extend 1 nr -long the axillary border and over the p.r.er, causing approximately 25.* or 3^' co'v-ression of the lung. The heart in apparently shifted .lightly toward the left side. In addition to the Infiltration described in both lungs In the previous films, there Is a r-1 lrht increase in the linear markings In the left lung, from the clavicle to the base". The patient died at tho hospital on September ?9, 1S?W*. . . Autopsy vab done by Dr, N. I/, Popoff, the hospital pathologist. He vil] forward a complete report of hie findings, both gross and micro scopic. The autopsy material was reviewed by Drn. './hippie, MacMillan and pie. It establishes the conclusion that the patient died "as & result of pneumothorax. This pneumothorax van associated with extensive pulmonary flbrcsia, with emphyneumatous blebs and emphysema. Sections of the lungs confirm the Oiagnosio cf pulmqnary fibrosis, resulting from prolonged contact with acbestos". It is Dr. Popoff'n opinion that the asbestesis was "of long duration". The advisability of making.a chemical examination cf the ashed lung was taken up with Dr. leroy U. Gardner of the Hdword I.. Trudeau Founda tion at Saranac Lake, X. Y. He -wrote me: "I would r.uch rather rely.cn a histological examination of large blocks of lung tissue made by a competent pathologist than I would expect results from chemical data. At bent, the latter lr. only supporting evidence of any morphological changes that may be present. '-*e have done It on a good many lungs that have proved to have asbestosls, but all one can do 18 to demon strate that there nay be abnormal quantities of magnesium. The sili cates that.are detected might readily be due to other inhaled materials". r*n the basis rf the above, it war, not thought necessary to have the lung ashed. . Conclusion: It is m.y opinion, In whioh Dra. Popoff, KaoMillan and Whipple tell me they concur, that this woman died of a pneumothorax, associated with pblsonary fibrosis and-aebestdeis; that this process began at some tire after she first went to work for the Carlook Packing Company and steadily progressed; that she was, clinically, an advanced case of asber.tosis when she returned to work for the Garlock Company In Deoer.ber 19^2, and that the process would undoubtedly have gone on to a f ataT't'errfluatlon even If ahe-had^not .worked during the period from December 19^2 to November 19*0 " ' -J- Very truly yours, . . - IG r nc. /fl/ J. f-oskowltz, A/ *. J. *i . O .riri D. !>. I ^ucHVMI HMIMItki II Mil tm \ rj-"j jiUUi'lJ'Hl'WJKBH / Factorv pay roll ch'.npe card covering separation of the decedent on V ifijtutd tmplofn tei worked t worked for a yr ox * .bt*ntk5 p* "following tix* form* tbooli b awfully a rubytiatiil-part of'* jt*t: xix tqm:. aatled WA`*_ tboxfd' b kmcT'.if r-isd tfiotbcr employ** !>, then tb*` fofm. ."5" iboald b* Mod. .J* *irh*> r~'M, tod certified. ' > ' -.. .' >'. ' -'' TotclJZLSl 2lS f sfe&y. % ft* ..... * 21 66`. k 3f#c .2k:|V.>v i JiI 1 'c V aM y-23 gss* ..,,... -,. >? Kix t *,'. ^',22 Ik. l^l^l*:-*< ..<>: `TTf'fl, .8 Si 25^it:-V5 7'- $9$ ft i>:vj*r'v/ . ?*r: 28 ,*r'>n`j V5 `-1:: ' {> %#;SK;IM80 _ .2* okS 4 :4;$ __., .....;,- f, ., i3> 1*. ft..*...*,', *:' L.,,/Rr# AIIPi^` iv/^j!,-`. V# ?Sr\2v[= lK&fv jM #S|lt>vi '?l!'f 3* N k. I f __ . _ ___ ___yiWfcid VjSi^ itfSiilu ;tao&fiUtg. ' ^T^ictiutfK '-th*rrfM..:to >bo*> >y>> * HoTtijo0 ^-f>cb ,a. -v^^; }-'*$ ----------- ,x. w*W' . . Jfx* tfljortd apfoT'^' vorfctd * `ftif or of *.y**t Ok form aJtktd A ;j _ . . ,, _. ''irSritd fcr V yt*r or * nbrtxndil p*rt tbfnoC tod toother' cmploftt .ta*. Qatajbt. form' "B" *bodd b* mkL *'l^>ddxr . foUowia* tbt fomu *boId W ctrtfttdy pnpjlnd tad mtUUd. '* ;;' : W ; v- ; ' ' 's r-V: Avi 3acking Company , NEW YORK 5, Ite / 'r ftptevv OoyMttt<ar. Claiw !*> Qoprt hM MkC fh*r wp tBtwwr <Vnr >r >krw IiMraa*Bo pXof*. factory mania *te ter te f wuMpto^' Ifcctew l^fcs nT r**lini: orr Ikld- aTC Imriju 26. Hfkj** Ebayr rmVmr th*> tel*. pmtbl* te i|>i tehr **** tei ft*r ter 4*<v. ter ttr lnwiM* d^lm ttr rtil MIH. mK Cites* dmltekic; Ji- 19*WT: a*HH ator-VM* n*wt !>*** payroXXt- te: proWWr- too* ter Wr*. OZtemc dt*4r. 1*. SptMi>tr 19W.. WjIO . o*. W*.0*wr / / The Garlock Packing Company PALMYRA, NEW YORK Ver S. Cl non* Jnnvjiry 10. 19L5 Hr. Go. A. Ryder, Clol* Adjuster American Lumbermen* Mutual Casualty Co. of Illinois Reynolds Arced Bld^. Rochester L, &. T. ^*ar Mr. Ryder: HetpondiQg to your telephone request to oar Mi Gavenir, factory nur*e. ~e 1t you belo- th record of the *raployxnt of th bore subject party a* shovn on oar records: first employ! - May 20, 1915 Resigned - J*lj 31. 1928 Re-rployd Re* igned - S*pt 17. 1928 - Jon 29. 1929 3e-empl oyed Re-signed - Dc. 3. 19^2 - Sot. 26, 19*0 ' trust the above vlll rest your requirement*. Y*ry truly your*, ?:* OARLOCK rACKISC COKFAKI HBPiYKP: 10 3 The Garlock Packing Company PALMYRA, NEW YORK Janmery 8, 19^7 Mr, Oharle* V. 9tnc. Attorney at Law, Strang, Iodine, Mrignt A Oomba, 000 Pown lullding, Itoohattar b, Bew Tort. Bo: Raymond B. Clsmone as Limited Adarinlctrator of the Estate of Tara 1. Clemons, deceased rex Oarlock Packing Ooafmny Boar Mr, Qreenx Thie letter will Introduce Mr, James B, Aledorf, Staff Attorney of oar Colony. Mr. Aledorf la taking up with Mr, Viltxxx of Harris, Beach. Keating, Wilcox A Jfcle, the questions inwolred in the recent action brought by Mr, Willla* L. Clay in the Cleaooa natter. In view of the foregoing, ve will appreciate it If you will glre Mr. Aledorf a brief summary of the present etatue of the rab>*rt oaee which you are handling for e. This letter will aleo eerre aa a reply to youra of January 2, and In accordance with your repeat, we enclose (American) Inmberwne Mutual Penalty Company Uarkaan'a Oca^eneatlcn Poller Bo. TCP,90b,568 oorerlng 19bbj aleo Policy Bo. TCP,093.115 oorerlng 19*3. Although Mra. Clemons died in 19bb aha was laat employed by oar Company in 19b3. Oar record of her employment is aa follow* t first employed - 20, isa8 Resigned - July 15^8 Re-alloyed Resigned - Sept. 17, 19^8 - June 29, 1929 Re-THm&oywd Resigned - Deo, 3, 19b2 - Bor. 26, 19b3 In next to the laat paragraph cf your letter of the 2nd rtw rtate that "Mr. Zurett hae suggested that Inasmuch aa the (American; Lumbermen's JArtusl Casualty Company baa not afforded you oorerage under its policy Bo. TCB,98b,368 and will not be required to pay any Jodgmaat which may be entered in the action. \ Hr. Charles V. Gtreeo, Attorney at low. 2 you imjr deem It desirable and proper to bare this firm or some attorneys other than the hxMtoermm'm Mutual oooneel take the defense of the nation end follow It through to a oonolusicsi". In this connection, It wee oar understanding that 70a were to protect oar Interest* with respect to this action, working In cooperation with Mr. Hy&er of the Insurance oarrler. Yhim le referred to In your letter of Xowmber 18, 19tt. It la oar understanding that the Xsnhermen* hollered this to he a compensation ease end were willing to accept liability under their policy as a result of the poeV-mortem performed an Mrs. Clemons at the time of her death. Altho^h the Ltmihermsns are no longer oar Insurance oarrler, they certainly hare an Interest In this case end should ocntlnme to cooperate fully In defenee ef the action which has been brought through Mr. Clay. After you hare had an opportunity to reriew the case further, we aboil be glad to here your oossaenta. Very truly yours, THK OARLOCK PACTTO COMPACT Assistant Secretary. XBPiCSI Inal* 1 J ( I ' ' S* <>>s / /' (sif /.(.__I >v v,<L. O/ / S/*-x.>, y~ ~ ; > COMPENSATION BOARD NIW YORK W.C.B. aSC No._?460282i____ NDER rnant, Subpoena ---- ..A < .?!/: / // ' tr foyer. STATE OF- NEW YORK ndent Tactile Dept* nyra* N. Y* STING: xcuses being laid aside, you and each of you appear and attend before the Workmen's Compensation Board of the State of New York, at__ Rochester, New York .. .... ....... '__________________________________________________ __ __ on the--26th--day of----- N.CYQ.mbe_C----------------- , 194_8_, at-------2.--o'clock in the___ &9H*a. a f-te rnooi of that day, in Part--to testify and give evidence in a certain hearing then and there to be held in the matter of the claim for compensation of-Yi?_Cl emona___________________________ claimant, against - GarlockPac.king... Company^ employer. on the part of---- PA--.-AA-_* AND FOR A FAILURE TO ATTEND, you will be deemed guilty of a contempt and liable to the penalties provided in Section 119 of the Workmen's Compensation Law and Section 405 of the Civil Practice Act. - WITNESS: The Workmen's Compensation Board op the Sta,te of New York, at Rochester- New York, the----day of._ November forty-elgnt AND BRING RECORDS OF ALL DJST COUNTS" AND/ RE IN AIR AND CHEMICAL ANALYSIS OF ALL MATERIA B. CLEMONS WORKED DURING HER EMPLOYMENT* OF AS3S3TC RCOM VHERE VcRA ~ -r BEFORE THE WORKMEN'S COMPENSATION BOARD fTATC or Ntw YORK W.C.B. Case No ?46082d In the Matter of the Claim for Compensation Under the Workmen's Compensation Law of Raymond E.Clemona_ against -Claimant, Subpoena Garlock Packing Company ___ Employer . THE PEOPLE OF THE STATE OF NEW YORK To,..-?. orge S, Houghton, Superintendent Textile Dept* GarX'oclc "PacTcIngUdiiipany',-Palmyra, N . Y.Greetinc: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before the Workmen's Compensation Board of the State of New York, at_.._ZQ--ee t Rochester, Mew York___ ______________________________ ________________ _________ on the--26ih--day of___ _______________________ , 194..S_, at_____ 2..o'clock in the______f'vr** -afternoon of that day, in Part---- to testify and give evidence in a certain hearing then and there to be held in the matter of the claim for compensation of_?.n.^_ A Cl emons----------------------------------------- > claimant, against Garlock Packing Company_; ernpioycr, on the part of----- ^:.----------------------------------------------------------------------------- AND FOR A FAILURE TO ATTEND, you will be deemed guilty of a contempt and liable to the penalties provided in Section 119 of the Workmen's Compensation Law and Section 405 of the Civil Practice Act. WITNESS: The Workmen's Compensation Board of New York, the 22ndi _day ofNo vembejr^^ AND BRING RECORDS OF ALL DOST IN AIR AND CHEMICAL ANALYSIS OF ALL MA 8. CLEMONS iVORKSD D'JRING HER EMPLOYMENT. Form C-l. (A-J61-I6M BEFORE THE WORKMEN S COMPENSATION BOARD or*TATC NCW YORK Is the Mattes of the Claim for Compensation Under the Workmen's Compensation Law of W.C.B. Case No... ---------------------------------Claimant, > against Employer. * State of New York, County of.......... ............... _........... City op_________________________ ---------------------------------------------------------------------------------------------- being duly sworn, says: that he is over the age of twenty-one years; that on the----------------- day of----------------------------------------------- , 194____ , he served the foregoing subpoena upon------------------------------------------------------------------------------------ , the witness therein named, at-------l_------------------------------------1by delivering to and leaving with him personally a ` ' (Plc of Servlc*) true copy thereof, and at the same time and place exhibiting to him the original with the signature of ----------------------------------------------------------------------------------------thereto subscribed, and paying to him the sum of---------------------------------- --........... _.............as fee for his attendance; that he knew the person so served to be the individual mentioned and described in said subpoena as the person to whom such subpoena was addressed. Sworn to before me thisday of, 194_____________________________ Notary Public Commissioner of Deeds ---- BEFORE THE WORKMEN S COMPENSATION BOARD *tat* or ncw topic W.CB. Case No In the Matter op the Claim for Compensation Under the Workmen's Compensation Law or Rayraond B. Clemona against ----- ------Claimant, r Subpoena Garlock Packing Company mploytr. THE PEOPLE OF THE STATE OF NEW YORK To _Geor8e Houghton, SupeYintendent Textile Dept* GarTocK PacTcTng"'"Company,"~PaTmyra* N. Y. Greeting: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you appear and attend before the Workmen's Compensation Board of the State of New York, at Bxchange S-tree t Roche ater , Mew York_________________ ___________________________________ on the--26th--day of--NOY_em_bex---------------- , 194_0_, at-------- 2. o'clock in the -afternoon of that day, in Part--3.-- to testify and give evidence in a certain hearing then and there to be held in the matter of the claim for compensation nf Raymond a Clemona_____ _________________f claimant, against ng_^Qpenyemployer, on the part of---- -------------------------------------------------------------------------- : AND FOR A FAILURE TO ATTEND, you will be deemed guilty of a contempt and liable to the j penalties provided in Section 119 of the Workmen's Compensation Law and Section 405 of the Gvil Practice Act. WITNESS: The Workmen's Compensation Board of New York. the.._JL2nd ,_day of_______ November.. AN3RING RECORDS^ OF ALL DUST IN AIR AND CHEMICAL ANALYSIS OP ALL B. CLEMONS YiOfvKSD DURING HER EMPLOYMENT* P.fmC-X. 4SI-IOM William L. Clay ATTORNEY AT LAW POWERS BUILOINO Rochester a. New York -------- maim *13 3 December 20, 1948 CAST OOCHCSTC EVER u>I Garlock Packing Company Palmyra, New York Re: Clemens v. Garlock Gentlemen:. * have not yet received attorney's fees covering settlement of Workmen's Compensation claim in the above case. Please let me know when it will go forward. Wi l liam L. Clay Attorney at Law powers emcoiNO Rochester -a. New York Garlock Packing Company Palmyra, New York December 23. 19^6 American lumbermena Mutual Casualty Company of Illinol* Attm Mr. George A. Ryder. Comp. Claim Reynolds Aroada Building Bochester, N. T. Rei Clemons ra. Garlock Oentleneni Enoloeedls copy of letter dated December 20 from Mr. Villlaa L. Clay, attorney for the claimant in above workmen** eoCTpen*"tion c*e. Also attaohad i oopy of our reply of today'* date. Botb letters are a<lf~xT>lanatory and ve a*une that you vill handle the nwttar of claimant'* attorney's fee* in due course. Tery truly youra, TEX OARLOCK PACKING COMPART JBA i IK Enot. cc Mr. Pi8roe J. R. Alsdorf Deoenber 23, 1948 Mr. Vlllla* L. Clay Attorney at Lav Power* Building Boobeater 4, B, T, Dear Sir* , Re: Olemon* r. Oarlock . Ve hare your letter of December 20 relating to attorney' feet in the above proceeding*. Ye are today tending a oopy of your letter to the* oarrier iorolYed, American Lumbermen* Mutual Casualty Company of Illinois, vhich ve nieume it informed m to the tarn* of the award and will take action in aooordance therewith. Tary truly your*, Tff* OtRLOCK PACKIS9 C0M?AKI JRAllX J. R. Aledorf co American Lumbermens Mutual Casualty Company of Illinol* Attni Mr. Oeo. A. Ryder, Comp. Claim Reynolds Aroade Bldg. Rocheeter, N. T. Mr. Pierce wonxwrx j com^ikiatk)n ioaxo rr<cr #r * rw w.o. 7V*oa5i3 c*** I*XX. B. OlMOU-iM'l HOTKX Of DECISION DCATH CAM la*. Carrier'a Ko._A$-______ --JUtA^_fl^.T*c*-l.fllUK>nA_Ckioi*jit _____ A**r-!**!>**** ICrt. _ 1)5 . 7o*t*r Ot. ..._Jhi*zr*^_IiI*.____________ 0*rl<*k P**klng Co, ,yaliQrL+_JL-I,, .Employer Attr **. 1,01*7 ....TcWi~IIQr3K*hTIntT","*4T. jLmr. Lumberman* Uut, ' JUjTJold* Aro*d Bldg, loch. K.Y. . __ You Art l.eroby notified that it i keariny held before tha Workmen'* Cornperuub'oo Board on Hr26.rAl------------------------- dtuition ted award of compeneatioo wm made In the abort om of Tr* - B41*on*------------------------------- decedent ** follow*: . w * rv-w H* v H*la Ann 01*mo4* aboT* *<J4re* daughter 1-1A-32 10 Eug*n &*jood Clson* ditto on 9-16-36 10 Luoill* T*r* Cl on* ditto daughter 9-30-39 10 1,75 1.75 1.75 _ Oooap*tion*l oon^ ition'. notloe aid eenaal r l*tio* *r found u to tb ohlldren. 1.25 Att7 *. L. Cl*jr fe# of *100.00-1 en -*ep*r*t ohaot i to b# ant. A*nrd **4# under Artiol* U to ohildren in t all **>oubt *6,5 ,00 to oover d**th benefit*. r*<. C**ji Olo** 1, tad the employer and inauraoca carrier *re hereby directed in accordance with the proviaiooa of tbe Workmen'* Coropenaation L*w, to pay uch twtrd to the following per*on*: To ... ............................................................................................................. --Tether - Mttu*jul gu*rdi*a -tox- the a** -*nd._b*n*flt..flX...th.e_0.feildX^n.f. *od funeral expense* f-^00;00 to **TKMrf-"I^^*oa*"<ani---ped*"A}r<l-^if"tA"ttl`4*J,t4L Employer tad ctrrier *r directed to pay *t once 9' *or SIT_____ week* at 9....i.i5_. from date of death .......__...... to ----------------- 19_______ direct to the ---------------- ----------------------------------------- ------------ Afxl thereafter ------- _.... bi-weekly.) Balance of the award la ordered paid into the Ayyrtyata Truit Fund a* provided under Section 27 of the law. Preaent Taiue of the award a* ordered paid Into the Aftrerate Truat Fuad aa of________ ------------------------------------- la 9------------------------------------- Preaent value doea aot include funeral benefit*. Check to be drawn to the order of "State laturaace Fund--AyyreyaU Truet Fuad Account." TW Ayyreg-tte Trust Fund la to make bi-weekly payment* at the nrU of 9________________ be finofay with _______ ________________ to the______________ ________ The above copy of the decision and award it rent you pursuant to law. TAKE NOTICE that the above award or deciaion was duly filed In the office of the Workmen'# Compensation Beard on the - tl.....**r of 7*n*r7 19*9-------19 Dated 1-11-49<J*--------------------- 19--------- c 67 & Chairman Reduced 7/21/86 WILLIAM r JTItAMO ccooot r oooimc CONCLIU3 R.WRIOHT William c COmOS Charles W OREtN C VINCCMT Wl3C JOHN O. 3 MAW WYMAN 8. reCMAN EOWARO W. iCRt* tLL*WOTH A.VAN 0 AAA^CILAHO OONALO R.HARTER HAROLD f. CURTIS Strang. Bodine. Wright JlCombs 800 Powers Building Rochester a, New York February 7, 19^9. Mr, J. R. Alsdorf The Oarlock Packing Company Palmyra, New York Re: Vera Clemons, dec*d vs: The Oarlock Packing Company Dear Mr. Alsdorf: We acknowledge receipt of your letter of February 1, 19^9 with the photostat of the notice of decision in the compen sation claim. We fully agree with your comments in the second paragraph of your letter. As a matter of fact we learned that the notice had been held up for some reason - probably to secure an actuarial computation. We assume that pursuant to the usual practice the Board*s folder will now be forwarded to the New York Actuary of the Department to compute the present value of the award. After that, a further notice will be sent out stating the amount the Carrier is required to pay in a lump sum covering future payments. Since the amendment of some years back, the carrier is now compelled to pay in one lump sum to the Aggregate Trust Fund to cover all future pay ments . With respect to your last paragraph, you are apparently work ing under the assumption that death benefits are payable to the respective children only until each becomes lo years of age. This is the provision in Section 16 of the statute. However, Section 66 as it existed at the date of the death contains no such limitation with respect to the age of the children. The second sentence of Section 66 provides for the payment of benefits for temporary or permanent total disability or death from silicosis or other dust disease, "notwithstanding any other provision of this chapter***". How ever, payment la to be made only to employees *** or to their dependents. This is the reason that the claim of the husband was denied. I have tried to reach Mr. Ryder since receiving your letter but he is out of town. I shall discuss this angle with him at the To: Mr. J. R. Alsdorf Re: Vera Clemons 2- - yi/^9 first opportunity and see if his interpretation of the statute is the same as mine and if there is any question about it, I shall let you know. It is to be noted that Article 4-a was repealed by Chapter 431 of the Laws of 1947, effective July 1, 19^7. However, Section 14 of the repealing act provided in effect that any rights previously accrued under Article 4-a prior to July 1, 1947 shall inure to the benefit of any persons affected thereby as though such Article had not been repealed. This saving clause seems directly applicable to the Clemons claim. I have arranged to obtain photostats not only of the notice of award but of the claim and medical reports together with Mr. Clay's letter of transmittal to the Board and as soon as they are available we shall prepare our motion papers for leave to serve an amended answer, setting up the compensation pro ceeding and award as a further defense by way of election of remedy. If we are permitted to serve an amended answer, we shall thereupon move either for a dismissal or for Judgment on the pleadings along the line of our discussion with you. Of course, you understand that we could make no motions until the notice of award went out. We shall keep you advised. CWG-ib / 7 C ifto March 1, 1949 Mr. Oharlea V, Green Strang, Bodine, Vrlght and Coabs 800 Povera Building Rocboeter 4, tf. T. Dear Mr. Green: Pci Tera Cleaons, dao'd. re. The Oarlock Packing Coopany Enclosed is photostat oopy of corraoted notice of daoieion in the workmen* eoarpeneation cate. Thia ia the aeooad correoted notice being dated Pebruary 24, the first corrected notio* being dated Tebruary 11* Tou will note that the only change over the firat corrected notloe it that the awerd ia ateted "not to exceed $6,500.00" rather than in full amount of $6,500.00. I know you will with to infora yourself of the reason behind this change if you are not already aware of it, Tary truly youre, m GRTOCK PACK I TO COMPAid jpAirx Rno. J. R. Aladorf . r $ COMJ'AN*AT}Oe< BOARD . crar* of mtm too* ' , cJrJL-.-lMtXtXl._J*** * i4- carrier's ------- HOTJCX Of DECtSJOW IN DCATH CAH Amt . UxUntaj Yd Atty L. Cl*/ Jrwu*W<, Io*h**t*r, H,Y. You are hereby notified that at * bearing beil before .the Workmen'* Compensation Board on ---------------- * decision *nd award of eocsperaation wu made tn the above case of ._T.rtk..B*...SQ.MOOJ______________decedent as foOow*: Xla* Ana 01 login* JUywmi La*ill* Tm 01* of hab*fii lLj^Tfcoa* I. W'iAoa*, 4 1*aU.cnfad .SlOBXD |-111*bo-r* *dAr***i#*U*n*Mlit*tr mu non 15 4*1*5 15 4.125 a ditto |d*n$ht*r 9-yo-h 15 4.125 rrm Occap*tion*l ondatioa. notie* *ad *muu h! r*l*tion *r four*! u to th* *ULlAr*a I Atty h. L. 01*y If** of ^00#00-l^*a-**p*r*t^ oh*k 1 b* * at. Award ed* tmd*r Artlol* 41 to children(notj to *xe*^ 16,540.00) to oot*t d**th b*feifiti. i ! ajxJ the employer and tn*arates carrier are hereby directed la accordance with the proriaion* of the WoAcmen'a Compensation Law. to pey such award to the foDowiny person*: To g*7Qpd Xdw. 01**on, l>5 W. Tot*r 8t, PalayT*, H.T._____________ ...J*a.tluir... A. .n *t a ral.AUaxdlWl ..f.0T_..tX* _&*. *J2:Q****L- and funeral expenae* *200.00 to I*7oaA..l....Cl**>n*..P^.d..>T.^.lA?._B^*lUl5r |W --| tA4*Tmmi Employer and carrier are directed to pay at one* *685-l*-- fr 217______ week* at $.1.2.J75.. from date of death ..-?-4?A4to ..UL-*6=4fi19_____________________________________ _ direct to the ------------------------------------------------------------------------- and thereafter (I.--24.-75-------------- bl-weckly.) Balance of the award ia ordered paid Into the Axireyate Truat Fund aa provided under Section 27 of the law. Present value of the award aa ordered paid into the Arjr*rete Trust Fund as of________ ------------------------------------- is $--------------------------------------- Present value does not include funeral benefits. Chock to be drawn to the order of "Stats Insurance fund--ArjTejste Trust Fund Account." The Arrrej-ate Trust Fund ia to make bi-weekly payment* at the rate of f--------------------------bejinnlnx with The above copy of the decision SDd award i* rent you pursuant to law. TAKE NOTICE that the above award or deciaion wm duly filed in the office of the Workmen's Compensation Board on the 24th-- day of Jabruaxy-194?--------19....... Dated 2-44-4? A*....*.......... ....... 19_____ C 67 rY> ( Chairman Reduced 7/21/86 WILLIAM f. STftANC cco<)ct r oooinr. COOMCLIUS R WRIGHT WILLIAM c COMOS CMARLCS w ODttN c vikccnt wiscn jO"" C. Shaw htuah o. rUCCHAK eoo w icnc3 ELLSwORTh a VAX ORAAfCILANO OOnAlO R HARTCR MAROLO r CURTIS Strang. Bodine.Wright & Combs 800 Powers Building Rochester 4.New York April 21, 19^9. Mr. J. R. Alsdorf The Garlock Packing Company Palmyra, New York Re: Vera Clemons, dec`d vs: The Garlock Packing Co. Dear Mr. Alsdorf: Replying to your letter of April 19, 19^9, Mr. Ryder informed me that the awards had been straightened out to the satisfaction of his company and that arrangements were being made to pay the same. Frankly, I neglected to Jot down any figures but it was agreed that the death benefits payable to the children would terminate on each child's attaining the age of 18 years. This clears the way for the motions that we discussed and we shall proceed to prepare our papers as soon as possible, keeping you advised. Very truly yours, cvra-ib ' STRANG, BODINE, WRIGHT & COMBS By/6v^M2x ^0- I he banocft rdut\mg PALMYRA. NEW YORK ` 'J April ??. 1^9 Mr. G^orije *. Ryder, (Aaerlcnn) Loiabemeafl Idntual Casualty Comoony of Illinois, Reynold* Arcade 3uildln, Rochester, N. Y. He: 7ere Clemons, dec'd. rs. The Gerloek Packing Coiareny De^r Hr. Ryder: Mr. ChrrVo V. Omen has Informed un th-'-.t th* final flares for settlement of the above workmen's compensation clela proceeding:* hare been determined. V* assume this includes the amount of the lump cun ppynent to be ande by Lumbermens .'httuel to the `g.-regate Trust Tund to cover further payment*. Y/e should appreciate being Informed of these amount* in order to complete our file*. 7ery truly your*. THZ OARLOCK P^CKISC COMPANY H3?: IF: c: Ali-corf Secretary. fSfrn&rt&zn/J 'tmv&rmmd'. 'atm/ (amm % REYNOLD* ARCADK BUILDINO ROCHESTER 4. NEW YORK May 3, 1949 TEUCrHONK MAIN 1071 Garlock Packing Company Palmyra New York Attention: Mr. H. B. Pierce Dear Mr. Pierce: - RE: Vera Clemons,dec. The amount of the award in this case will amount to six thousand eighty six dollars and fifteen cents ($6036.15). This includes all payments to be made for award purposes. Very truly yours. 9-32-122 f-- George''A. Ryder comp, claim JjumiermensJtas Jnsurcct Jiffy Jft Itt o n ile s of Jfotorirty W. Q B. Casa No. WORKMEN'S COMPENSATION BOARD TAN Of MTV VO** Nona Of DECISION IN DEATH CASE Nansa of Decadent Carrier's Casa No. ^0*23 CtalnuDt: Uroivi . oWj 133 V. hmr n fUJKJT* ITT (O) tarloek Feck In* Ce Fa1*jta IT lit/. **. 1. CU7 Employer: fwiri 114 loeberter 14 VI * IIotcm* I* Imp . 23 JUin St* K*ctdo IT Heine A Jtui Nu|lul I33 W, J*eter St* Faim/ta IT You in herby ootiflod that at a hearing held before tha Workman'a Compensation Board on 4/4/54........-.........a decision and award of compensation was made La tha abor* cam as follows: K_ i*mw*u* | n u s*rs | rmw* O* -r* |J ftymmsXB to Ve Bari* for LueiUe F. C *on to ] lorAM Appointed jp**rdtan, ef 25 KaIb St. , iAoedon It PajTMrrt* to be node for Jutana Cle*o m to KIaIi e k /me Court appointed *vla kiAOA, of 135 V. FogterSt. FaIxjta CLOS ID. , Court and the employer and Insurance carrier in hereby directed In accordance with tha provisions of tha Workmen'* Compensation law, to pay such awsrd to tha foDowiag persons: .......... OUmV................. ....... ........................(Aai4*)...... and funeral expense* $ to Employer and carrier are directed to pay at once I ______ __ for ..................... weeks st 9...................... from data of death ... . .. ........ to ______ ' . ............ ....... It...... direct to tha ................... .................... .............. ~ -------------------- and thereafter (| ..............................................bi-weekly). Balance of the award ia ordered paid into the Aggregate Trust Fund as provided under Section *7 of the law. Present value of the award as ordered paid Into the Aggregate Trust Fund as of . ......... - -...............- . is $ ... -------- Present value does not include funeral benefits. Check to be drawn to the order of "State Insurance Fund -- Aggregate Trust Fund Account" The Aggregate Trust Fund is to make bi-weekly payments st the rata of |............... ............... beginning with --.......................... ........ to tha ........ ............................. ........... ................ .. *" Death benefits to surviving widow h*n be Increased to 40?fc of decedent*! average weekly wage base upon termination of death benefits to children. The above copy of the decision and award ia sent you pursuant to law. TAKE NOTICE that the above award or decision was duly filed in the office of the Workmen's Compensation Board 00 the tenth <iayof . Dated 1/10/54 19 54 19 7^ c Sr XKI Chairman 67 Reduced 7/21/86 ' ^... ... . ^ 'Z*/ob <$-^3, /<7 . .. 'U'-fnYc +**-?. 4t. /-I-------------- ^Trrv^fc^.r^^^t;*' _|__________ ~./t?v-<q^v4. .. ot. ~'^~*~~>*^<c .* '*:^-,Y?'~^. . . .^1^5 % / ^ti.f rcr ^Hrw ----------______________________________________________________ .lTL .J^4 ..^4-n-4^r.<fJ^~ 7V.._.... V*^T7 : -------------------------- ------------ ^...3&_ 7 * ^k^gg: _________^-l. CL^c^-^____________ U4- jL+^-r4e_^ Y^AmULU'sJi*'* K 1* _ jj^^:.____ ' Jb&,, ~ ' 1------ /-- ------ -- \ ' /^tJ1 K-J^ '/i>v// c.^tr. ^C-X* /*? 4/ '2-- >2#/, d--^>. /& t (*^y~v< | [ u4Ar^ ^<-M* /" /j> r>-*-n (Cii^/Vv^ . /'`^ .;V^ - *V .* ^ ' /; l<*-\ r'" -----------' 'L /