Document byweoXkOwpNv27OxjEVXdRzwD
FILE NAME Manville JMA
DATE 1966-1981 DOC JMA327
DOCUMENT DESCRIPTION Contract Unit Claim File Henry Peutz
:
(
ANTIOCH COMMUNITY HOSPITAL
Antioch Calif
DEPARTMENT OF RADIOLOGY
M.D.
:
MARSHALL Radiologis TUCKER
RADIOGRAPHIC REPORT
RECEIVED
DEC 1968
FILED
Division of Industrial Atoldants OAKLAND OFFICE
EXAMINATION.GER.SPINE EXAMINATIOEXAMINATION.GER.SPINEN.GER.SPINEEXAMINATIOENXA.MGINEARTI.ONS.PGEIRN.SEPINE CCHHEESSTT
DATE 2-27-54
INPATIENT
OUTPATIENT
INDUSTRIAL
DOCTOR
Dowell
wk
NO.:35465 NO.:35465
NAME
PUTEZ Henry
AGE 56
The and
vertebral bodies of density and without
the cervical spine aur normal in outling evidence of fracture bone destruction or
paravertebral mass
The alignment seems normal
Some
f interve etebral spacing seeds
present throughout but
napraving parti
ularly at and
There is one anterior and lateral
osteophyte T ph re eze pnetdicolnesthesee lm eftnoa rtma5l and Som 6e anpdoso tnerior osteophyotseteophyte osteaot phyte
formation osteophyte
formatiofonrmatiofnormationformation
the right the The relationship of C1 and 2 through
the
Bias The apophyseal joints are not remarkable
are present about the covertebral joints
n
nial No cervical rib is present
Sete
ae tr
yt
100 Degenerative
dine thinning .
osteoarthritic
changes with
intervertebral
The chrot in symmetrical the diaphragm
clear
The heart and aorta the hilus ,
normal the angles are
rodiastinum and the trachea
are not remarkable
Both lung fields show a fine diffuse
the parkings particularly in the lower half with small
) n dular sities
The bony structures are not remarkable
increase in den-
IMPIMPRASIRNION ASINION
IMPRASINION
Bilateral
suppose suppose that this is
disease the most most
Since
litely
this patient diagnosis
works
with
arbestos
Respectfully Respectfully subaitted
Marshall H.Tucker M.D. Raliologist Raliologist
(
RECEIVED
| DEC 1368 FILED
Division of inuicat inuicaitnuicat inuicat OAKLAND OFFICE
HISTORY
February 27 1964
PATIENT HENRY PUETZ
PHYSICIAN R. J.
CHIEF COMPLAINT
DOWELL M.D.
Auto accident
a
PRESENT ILINESS
Patient failed to make a curve in his automobile
while driving and rolled his vehicle He was not wearing a seat
belt was not thrown from the car but does not know exactly what
or where he struck in the machine
His chief complaints are s re-
neas in the neck and difficulty breathing
; .
He was examined in admission arranged unconscious
the emergency room rays were
following these procedures He
ordered had not
and been
PAST HISTORY Patient has significant silicosis and emphysema and
. is under treatment for these by a chest specialist in Oakland
Ite
has had hypertension and is under treatment
He recently saw a
physician in Coalinga for chest congestion for which he was on tri-
sulfaminic
PHYSICAL EXAM
This is an alert well developed well nourished
white male in moderate distress
He holds his neck firmly to the
guerney
No smell of alcohol is detected
He states his face in
ruddy and red as ucual
HEAD EYES CARS THROATE NECK
:
CHEST LUNGS
HART ABDOMEN : GENITALIA RECIAL NEURO
INPRESSION :
No bony abnormalities
Pupils are round regular small but react to light
Canals and drums are negative
;
This is injected diffusely There is no exudate c
is edentulous Tongue is negative Motion in any direction induces pain
and
is not
attempted
beyond perhaps 5" No significant adenopathy Thyroid
palpable is not
; bilaterally
Equal but minimal
Breath sounds are
expansion bilaterally somewhat distant the bases
bilaterally
display occasional medium rales less resonant than usually found
The percussion note is
His AP diameter appears
:
be to slightly increased
oo,
\
Sounds are fair to good quality
N
murmur is heard
No No
enlargment is deteceted.inxthe deteceted.inxthe
organs or masses palpable
There
is n
localized
tenderness
Normal adult male
: .
Not DTR
done present
and
equal
He is able to move all four ex-
tremities and reports no paresthesias of tremities No pathological reflexes are
the upper
elicited
-
ex-
Babin-
ski or Hoffman
i
'
Probable soft tissue injury to the neck not whiplash
.
type
Will rule out fracture
silicosis
silicosis
intercur-
with intercur- Chronic bronchitis emphysema silicosis
| rent infection
11-= =
SAN FRANCISCO OFFICE 444 MARKET STREET
SAN FRANCISCO 94111
OFFICE SAN JOSE OFFICE
1671 THE ALAMEDA SAN JOSE CALIF 95124
LAW OFFICES OF
HANNA & BROPHY
1540 SAN PABLO AVENUR OAKLAND CALIFORNIA 94612
Phone 5569
November 29 1968
RECEIVED
085 21969
Dr. Joseph D. Coate 2976 Summit Street Oakland Ca. 94609
FILED FILED
4h
FILED tke
FRESNO Ornes
500 DEL WESS FRESNO CALIF
CENTER 3721
SACRAMENTO OFFICE
SACRAMENTO OFFICE
26 J STREET
SACRAMENTO 95814
.
vol
*.
Rot
Henry C. Puetz vs.
Philip Casey Mfg Co. et al Case No. 66 OAE 20668
subpoena duces
herewith your records which were mailed
Compensation Appeals Board in response to tecm served on you at our request
our courtesy in this matter
y truly yours
16.c. c.c. c.c.
Parrish 1.0.A.7 . with copy
Omith Parrish
State Compensation
Ins
MCMILLAN MCMILLAN
>
ALEXANDER S. KEENAN
ATTORNEY AT LAW
SUITE 700
220 BUSH STREET
SAN
FRANCISCO CALIFORNIA YUKON 6-1589
94104
December 4 1968
RECEIVED RECEIVED RECEIVED RECEIVED RECIVED RECEIVED RECEIVED RECEIVED
5
1858
DEC 5 1858
FIL
Roeesy ge
all
ont
FIL ae vd
oe
eo tdagts
A A N N YY GFFICE
Workmen's Compensation 1111 Jackson Street
Oakland California
Appeals
Board
Attention Referee Hickman
Re
Henry C. Puetz vs.
Philip Carey Mfg Co. et
General Accident Fire and
Assurance Corp. Ltd.
WCAB No. 66 OAK 20668
et
al Life
al
Dear Referee Hickman
This
you that
letter is filed
in letter form
I wish admitted
pursuant to those parts
my of
into evidence
request to note to Dr. Crantz's records
The purpose of this letter attention to those records
is therefore to call
which show that the
your
suffered from cervical and lumbar
applicant
account for part of his
problems which may
the early discovery of Mrd.isPaubeitlzi'tsy t luondgaycoa nnddittioonshow
Therefore please find attached to this letter
certain documents
contained
in Dr.
Crantz's
copies records
of
ASK bh Attachments
Very truly yours
Header
Kin
Alexander S. Keenan
CC
State Compensation Ins Fund Sedgwick Detert Moran & Arnold Brobeck Phleger & Harrison Norman Hays Hanna and Brophy John Wilkes
Smith Parrish Paduck & Clancy Industrial Indemnity Company
(
RECEIVED
ry,
Plooca Leva
When INSURANCE CpoOcoMliPtaANY Insure
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ote forza cemiy ycli
228 G28 getece. seo turned turned o premantly
Insure your cheche will
Ma a CONT
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compimed INSURANCEINSURANCE
,
romura
INSURANCE COMPANY
to
forma
pocolita fivision
tor ty
1368
13ag
FILED Industrial Industrial Accidents Accidents Accidents OFFICE
OAKLAND
OFNCE
tre,
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C.
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FUE felisring: Elzelind :
sill please Elzelind
the
following following Cott aes ef
actify thatwas to ( cinch one
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CULPRINDINW ie: ATTENDING PETYSICIANCULPSRINDINW CULPRINDINW ATTENDING
Le Ra Ye HERE C. PUETZ
PETYSICIANS Time Low Dub
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production hoodpalo BR scz el Nature
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oftreat 12/2 3 4 11-67
12-2-67 3/2 6 Boa Lasplatin Lasplatin 12-2-67
19 19 1/2
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and
20-1559
12-2-07.13.1-122-4-67 & silentcontinuously diuited unetto unettocat city
t12o -2-07.13.1-2 126-2--072.1-3.10-20 when Bha dual fad utim spproximately
all
the patient
towodts.
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127. B.
CA.63503 At Antioch Antioch Antioc, h CA.
Antioch
CA.
63503
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63503 ne reat oF attacnwwe
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LEON LEWIS M. D.
SHELDON MARGEN M.D.
2435 WEBSTER STREET BERKELEY CALIFORNIA 94705 PHONE 548.2727
October 24 1968
INTERNAL MEDICINS
Smith Parrish Paduck and Clancy 405 Fourteenth Street -
Lt
Oakland California 94612
cee
Attention
Mr. David R. Nelson
Re
PUETZ Mr. Employer
Henry
Western
Building Materials
Company
Gentlemen
Enclosed Puetz at
find a copy of the the Cardiovascular
September 24 1968
second set of pulmonary Research Institute San
function studies done on Mr. Francisco Medical Center on
The lung volume studies 1968 and somewhat more
are at slight variance with with those reported on favorable since the ratio of residual volume
lung capacity is only 45 rather than 56 as previously found
August 9
to total
The second set of studies was
capacity and as noted there
particularly concerned with pulmonary diffusing
is moderate reduction of this function
The findings are characteristic of asbestosis with moderate restrictive lung
disease
In general the laboratory data confirm the diagnosis submitted on
Page 9 of our report of July 9 1968
Sincerely yours
Leon Lewis M.
ertere
D.
ik
.
.
C UNIT OPD
CARDIOVASCULAR RESEARCH INSTITUTE PHYSIOLOGICAL SERVICES LABORATORY
UNIVERSITY OF CALIFORNIA SAN FRANCISCO MEDICAL CENTER
ROOM 1351 MOFFITT HOSPITAL
PHONE 1707
PULMONARY FUNCTION REPORT
9/24/68
SERIAL 6192
; PUETZ Henry
STUDIED BY Dr. Read
REFERRED LEWIS
AGE 61
YR
CODE #
HT +75
CM
REFERRAL DIAGNOSIS
wr 73.9
S.A.
KG
m7?
LC
FLO -- O -- --R
PULM FUNCT DIAGNOSIS
y
1
LUNG VOLUMES
i VITAL CAPACITY
inspired 1
1 INSPIRATORY CAPACITY )
j
EXPIRATORY RESERVE
i VOLUME L
f RESIDUAL VOLUME U
1. ( TOTAL LUNG CAP TLC L
RESIDUAL VOLILC
3
FUNCT RESID CAP FRC
i
N
WASHOUT
L
Predicted
| 4.0
| | Observed
% Predicted
2.5
62
24 | 2.1
87
64
4.6
71
33
45
2 THORACIC GAS VOL * L
:i plethysmograph
y
MECHANICS OF
:
BREATHING
| 7S FORCED EXPIR VOL
Ne FEV
t X EXPIR IN I SEC
i MAX EXPIR FLOW RATE
|
:
{
* | > 79
min 400-500 **
i
MAX IIN NSS PIP R IR FLOW RATE
min
** ** 300-500 300-500
AIRWAY RESISTANCE
|
cm H Osec
4
i
NUNG COMPLIANCE
|
!
Liem Hy Ol
,
COMPLIANCE FRO
cm H2
0.04-0.07
| TRANSPULM
PRESSURE ;
AT FRC
4-7 4-7
= 1
Icm H2O1
AT ILC
> 20
a sa
WHEN THIS VALUES ARE
VALUE IS REPORTED REPORTED IT IS USED TO CALCULATE LOWER IN CHILDREN AND THE ELDERLY
TOTAL TOTAL
LUNG
! ON BASIS OF ACTUAL LUNG VOLUME
dicted isoproters Alter 0.5 | % Proisoproters
DISTRIBUTION OF
VENTILATION
| Pre-
dicted
s
ALV GAS UNIFORMITY 1% N 750-1250 ml
MT
1.3 1.3
N ELIMINATION RATE
N
ofter 7 breathing
. 1
DISTRIBUTION OF GAS TO BLOOD
WASTED VENTILATION ) physiological dead space
.
WASTED VENT./TIDAL VENT./TIDAL VOL
3
2.5
Pro-
|| dicted 5
40
min EFFECTIVE MIN VENT
alv vent cak from wasted vent
ALV CO DIFF mmHg
VENTILATION
RESPIRATORY RATE breaths
Before Test
< Air
TIDAL VOLUME
MINUTE VOLUME
EXPIRED PCO
mmHg
ALV PCO PCO mmrig
ART PCO
mmHg
by gas rebreath
L
min
| Predicted 38-42
DIFFUSION
PULM DIFFUSING CAP D
mmHg
PUUA CAPILLARY BLOOD
VOL
tv
dicted
(
dicted +
----
21.2 | 15
CAPACITY
AND
RESIDUAL
MEMBRANE
CAPACITY
VOLUME
DIFFUSING
mmrig
COMMENTS
Oto uncorr- ted for lenoglobin Puli onery diffusing capacity was moderately reduced
rosic although a more marked reduction commonly
isorder
* Dco 71 of predicted
This finding is consistent with is seen in patient's with this
PEV
Fe
...
| Road H.B. M.R.A.C.P.
Guadel GuadelGuadel
Jay A. Nadal M.D.
Julius A. Comroe M.D
pene
ae.
|
LEON LEWIS M.
SHELDON MARGEN M.
2435 WEBSTER STREET
BERKELEY CALIFORNIA
PHONE 548-2727
94705
RECEIVED
JUL 12 1968
Fine TO
Smith Parrish Paduck and
Financial Center
Clancy
405 Fourteenth StrBeueitlding
Oakland CA 94612
Attention Mr. David R.
Re :
PUETZ Mr. Henry
Nelson
FOR PROFESSIONAL SERVICES
June 21 1968
Diagnostic evaluation Vital capacity studies
opinion and
report
150.00 10.00
Review of outside
radiographs of the chest
Note Referred for
radiographic
other laboratory and
studies see attached bill
160.00 30.00
190.00
2435 WEBSTER STREET LABORATORY
SUITE
-:
BERKELEY CALIFORNIA 94703
:
:
.
845-1851 .
. :
:
TO
Smith Parrish Paduck
405 14th Street
Oakland CA 94612
and
Clancy
Attention Mr. David R. Nelson Re PUETZ Mr. Henry
For Professional Services
June 21 1968
Balance
5
wg
gs,
$____
Complete blood . . ,
Complete urinalysis .
5.
0,
Sedimentation rate ' .
.
|
Hematocrit
soe
ee
Serology
=.
xic chemistry group - extended
8628 .
8936
8718
ti
8581
8675
8555
2
Sugar Cholesterol Uric Acid Urea nitrogen
and Transaminase + Protein lodine ys
10 other tests tests
oe.)
8710
. wti;
tsi,
6.00 3.50 3.50
2.50 2.50
|.
25.00
White count and differential .
.
8624 26
Partial urinalysis
ee
8956
Hemoglobin
see
ee
8622
Electrocardiogram sis
9101 .
Master's Exercise Electrocardiogram
Rays
9104
15.00
_
and Lateral Chest .
7101
.
|
, 15.00
Chest only
2,
7100
expiratory inspiratory inspiratory -
Wiha. superimposed inspiratory inspiratory expiratory
10.00
Laboratory tests other
RECEIVED
JUL
JUL
te
1078
1078 1078
Total
$ 80.50
PLEASE MAKE CHECKS PAYABLE TO 2435 WEBSTER STREET LABORATORY
H.
CORWIN
CORWIN
HINSHAW M.
HORTON C. JR HINSHAW M.
450 SUTTER STREET
SAN FRANCISCO CALIFORNIA 91408
YUKON 2-7166
October 8 1968
SCIF SCIFSCIF
_
_
~
From
To
Subject
earn
ra
HinCs . Hhina shw aw Jr. M.D.
State Compensation Insurance Fund
55 Santa Clara
Oakland California
A15450 Henry C. Puetz
-
ti
.
rar h
Se
REPORT OF MEDICAL EXAMINATION
Present Illness
Patient's principal complaint is shortness of breath He states he first
shortness of breath in 1961 and has had
noticed
of breath
gradually increasingly severe shortness
on exertion since that time . The shortness of breath became
enough so he was unable to perform his
severe
regular work in November of 1967. He
was off work from that time until five weeks ago This last five
been working off and on doing easy work He still
weeks he has
feels he is not able to do his
regular work which requires climbing which he is not able to do because of
shortness of breath The patient has also had a cough which began after the
shortness of breath began but he does not recall exactly when the
The cough has also gradually continued to
cough began
ized four or five times in the last
get worse He states he was hospital-
year because of his shortness of breath the present time he is short of breath on
At
climbing six steps of stairs He is able
to walk 400 to 500 feet on level ground He is not able to run at all and if he has
to climb a hill he becomes out of breath very promptly His cough now bothers
him mostly at night At night he chokes up and produces considerable
of thick white sputum Sometimes he has to sit
for
amounts
order to clear out his
up
an hour or two at night in
lungs before he can go back to sleep He has some cough
during the day but it is not severe He normally has about two colds
If he does get a cold his shortness of breath is
per year
worse He feels he may have devel-
oped a respiratory infection during the last day or so he has had symptoms of in-
creased cough sore throat and upset stomach He has had pain in his chest and
in the past when he has had bad spells of shortness of breath requiring hospitaliza-
tion otherwise he does not have chest pain Lately he has developed frequent
headaches He states that he feels a little dizzy all the time
Last week he
evaluated at the University of California Hospital here in San Francisco with c wo am s-
plete pulmonary function studies arranged by Dr. Leon Lewis
RECEIVED
OCT 23 1968 OAKLAND LEGAL
Page 2
From To
Subject
October 8 1968 Horton C. Hinshaw Jr. M.D. State Compensation Insurance Fund Henry C. Puetz
System
Review of Present Symptoms
General Complaints He has no chills or fever His muscular
He has gained ten pounds in the last three
strength is satisfactory
years
respiratory Symptoms - See present illness He has not coughed up any
blood He notices wheezing especially at night sometimes this will wake him
He has no anginal pains palpitations or edema
up
intestinal Symptoms - His appetite has diminished pain or indigestion Bowels are regular
.He has no abdominal
.
urinary Symptoms - No urinary frequency or nocturia No pain or burning Eyes Ears Nose Throat - He wears glasses His hearing has been diminished for a long time
Neuromuscular - No back pain arthritis or rheumatism
Personal History
married wife :
The patient used to smoke several cigars a day and an occasional he quit entirely about 1961. He has never been a regular cigarette csigmaorkeettreaunndtihlas < never smoked heavily He uses alcohol only occasionally He has been
for nineteen years to his second
Family History
His mother is age 86 living and well His father died
has seven brothers and three sisters living and well in the family and no other significant familial disease
at age 49 of pneumonia He
He knows of no lung disease
tendencies
Past
Medical History
His general health has always been good He had goiter operation about 1932 and a hernia operation in 1957. He has never had pneumonia pleurisy jaundice liver
disease rheumatic fever malaria known allergies hay fever asthma or known
heart disease He states he has had high blood pressure for about six to seven
years He has been told it is not severe He takes medication for this
Medications
He takes high blood pressure medicine one tablet a day regular medication
Otherwise he takes no
Occupational History
The patient has worked as an asbestos worker for forty years beginning in 1928
During this time he worked steadily at this trade This involved
types of insulating materials including asbestos
working with all During the early years of his
employment asbestos was used almost exclusively He states that
mineral wool began being used in 1941 and has been used in increasifnigbearmgolu asnstsansdince
that time but he has continued to use some asbestos all along He has done all
of insulating work and used all types of materials during the time he has workedtypHees
would usually be required to cut the material that he is using and at times would be
Page 3
From To
Subject
October 8 1968
Horton C. Hinshaw State Compensation Henry C. Puetz
Jr. M.D. Insurance Fund
Occupational History con't
exposed to quite dusty conditions The
.
involves applying styrofoam
work he is doing at the present time
insulation to pipes He is not
his current employment
using asbestos in -
Physical Examination
General Appearance - Well
Blood Pressure - 160/95
developed well nourished white
male in no acute distress
Pulse - 80 and regular
acute
Height - 69 inches
Weight - 162 pounds
Eyes Ears Nose Throat - No
Lymph
Nodes
-
No
enlarged
significant
lymph
abnormalities
found
Neck - The neck
nodes are felt
veins are not distended The
Chest - The shape of the chest is
thyroid is not palpable
percussion The breath sounds normal The lungs are clear to auscultation
wheezes are heard
are normal in intensity and quality
to No rales or
Heart - Not enlarged Rhythm is
Abdomen - No abdominal
regular No murmurs are heard
Extremities
masses - Peripheral
organs or tenderness
vessels are good There is no
edema
clubbing of the fingers
There is moderate
Electrocardiogram Auricular Rate
T Waves normal R Interval
75 Ventricular Rate 75 Rhythm sinus
Position semi vertical Electric0a.l1A5xiR s normIanlterrvealma0r.k0s7-T normSaelgment isoelectric
record
ray Examination of the Chest
Stereoscopic were obtained There is generalized fine
PA expiration PA and lateral views
consistent with an interstitial fibrosis
infiltrate throughout both lung fields
the heart border is rather
The diaphragms are sharply demarkated
vague and fuzzy Expiration view shows
but
diaphragm motion Previous rays are also reviewed Film taken
good
beginnings of the present disease
in 1957 shows evidence of
process largely confined to the lower lobes
time The film taken in 1961 shows some advance in the
at this
largely confined to the lower lobes The film
interstitial fibrosis still
and now there is some involvement
taken in 1966 shows further advance
pared with 1966 shows
in the upper lobes The present films
further increase in interstitial fibrosis
when com-
CONCLUSION the last
Generalized interstitial fibrosis which has
over
ten years The appearance is
gradually increased over
consistent with asbestosis
Page 4
From To
Subject
October 8 1968 Horton C. Hinshaw Jr. M.D.
State Compensation Insurance Fund Henry C. Puetz
Pulmonary Function Studies
Maximal expiratory flow rate
Vital capacity in one second
Three seconds
Total
% Vital capacity in one second
Predicted
300 ~ 2.95
_.
3.92 -
75
Observed
;
.- 165
.
2.00
'
2.57
:
2.80
71
INTERPRETATION
This
study
shows
evidence
of moderate
restrictive restrictive
There is no significant degree of obstructive airway disease
abnormality
;
Discussion
pulmonary This patient does have a generalized interstitial fibrosis His whole picture is entirely
consistent with asbestosis and considering the patient's occupational exposure it is
my opinion that this patient does have asbestosis and that this is the cause of his
present symptoms of rather severe shortness of breath on exertion The
function studies which I did here do not accurately measure the degree of functional
abnormality in a disease process of this sort The patient has had
done at the University of California and I would like
complete studies
to review their findings if copies
of this study can be obtained
From the patient's symptoms however his disease is severe and causes severe
limitation of physical activity He is not able to do any work which would
very much in the way of physical effort and could not do
require
climbing or sustained physical exertion
any work which required
future This patient's asbestosis was gradually acquired over the many years that he has been
working with asbestos and exposed to asbestos dust Exposure to insulating materials
not containing asbestos have not had any effect on his pulmonary problem There is
no specific treatment for his condition although he may well require medical
and treatment for some
attention
symptomatic relief of the associated cough and expectoration
and would also probably require treatment of an intensive sort for
infections
respiratory tract He should avoid any further exposure to asbestos dust in the
Very truly yours
HCH
bod, oe Pustan Pustan pril
Horton C. Hinshaw Jr. , M.D.
.
LEON LEWIS M.
SHELDON MARGEN M.D.
2435 WEBSTER STREET BERKELEY CALIFORNIA 94705 PHONE 548-2727
August 20 1968
. .
-
INTERNAL MEDICINE A
RECEIVED
AUG 21 1968
Smith Parrish Paduck and 405 Fourteenth Street
Oakland California 94612
Clancy
Attention Mr. David R. Nelson
fe
Re
PUETZ Mr. Employer
Henry
Western
Building Materials
Company
Gentlemen
performed cn Enclosed please find copies of the pulmonary function
of
on Mr.
Puetz on August 9
report
studies
1968 at the Cardiovascular Research Institute Institute of
University of California Medical Center San Francisco
the
,
The comments on Continuation Sheet 3 serve adequately to complete the
submitted by our office Even though the pulmonary diffusing
report previously previously
unsatisfactory and will probably be repeated by sufficient to confirm the existence of
the
capacity test was Institute findings reported are
pulmonary asbestosis
restrictive lung disease characteristic of
Sincerely yours
1
Leon Lewis M. D.
LL
_
C UNIT =
NAME
AGE :
MT 176 W175 S.A. 1.9
CARDIOVASCULAR RESEARCH INSTITUTE PHYSIOLOGICAL SERVICES LABORATORY
UNIVERSITY OF CAUFORNIA SAN FRANCISCO MEDICAL CENTER ROOM 1351 MOFFITT HOSPITAL - PHONE 666-1707
PVT
PVT
PUETZ Henry
YR CM
| CODE #
PULMONARY FUNCTION
DATE
8/9/63 8/9/63
8/9/63
REPORT
HAMILHTON AMILTON
*****
HAMILHATMOINLTON LILKER
HOLST
REFERRAL DIAGNOSIS Asbestosis Asbestosis Asbestosis
+ SERIAL 6192
REFERRED BY Lewis
KG M
FLOO PD OR
PULM FUNCT DIAgnosis Restrli ungcdit sei aseve asbeswt itho ass besi toss is
LUNG VOLUMES
VITAL CAPACITY INSPIRATORY CAPACITY
Pre-
dicted
| | Observed
% Predicted
| AHer 0.5 | % Pre-
isoproteronal
dicted
DISTRIBUTION OF
VENTILATION
L } 4.09
24
59
L
2.72
1.46 1.46
54
ALV GAS UNIFORMITY
-
( N750-1250 ml
Pro- | dicted
Ser
1.5 1.5
1.1
EXPIRATORY RESERVE VOLUME
RESIDUAL VOLUME
~~
7 |
TOTAL CAP TLC RESIDUAL VOL TUNCT RESID CAP FRC
N. WASHOUT
2 THORACIC GAS VOL *
.p atnysmograph
MECHANICS OF BREATHING
L
1.36 1.36
L
2.36
w
6.45
m | 33
4 | sos
ALI R
C OPIED EXPIR VOL
\
C FEVI
~fl
1 EXPIR IN I SEC
MA MAXX EXPIR FLOW RARTAETE
L min
| > 79
400-500 400-500 =
MMAXAX
INSPIR
INSPIR INSPIR
FLOW RARATETE
AIRWAY AIRWAY RESISTANCE
min
**
300-500
. "a
Mee
92
3,0 54 56
3.9
1.77
1.77 an
136
136
120
120
67 127 84
i
101
N ELIMINATION RATE
N
after 7 breathing O
s) 2.5
1.2
DISTRIBUTION OF GAS TO BLOOD
WASTED VENTILATION
L
physiological dead spoce
Pro-
0
dicted | ser
"
"
WASTED VENT./TIDAL VOL
40
EFFECTIVE MIN VENT min falv vent cak from wasted vent
ART.ALY ART.ALY CO DIFF
immHg
VENTILATION
Before Test
4 Air
+ RESPIRATORY RATE
|
breaths
TIDAL VOLUME
MINUTE VOLUME
EXPIRED PCO
mmHg
PCQ2 ALV PCO PCO mmHg mmHg by gas rebreath
:
22
4 430
Umini | 9
Predicted
| 38-42
45__
5.2 5.2
2
[oe]
32m 32m
7. LUNG COMPLIANCE
\_)
cm H Osec | .
cm H
O
| COMPLIANCE FRC cm H O
0.040
TRANSPULM
TRANSPULM
Icm H20
AT FRC TLC
47 > 20
1.2
s ae
+
WHEN THIS VALUE IS REPORTED IT IS USED TO CALCULATE CALCULATE VALLES ARE LOWER IN CHILDREN AND THE ELDERLY O. SASIS OF ACTUAL LUNG VOLUME
TOTAL LUNG
CAPACITY
AND
RESIDUAL
DIFFUSION
Pro dicted +
PULM DIFFUSING Dcol *
mmHg
PULM CAPILLARY BLOOD
VOL
L
MEMBRANE DIFFUSING
CAPACITY
mmHg
VOLUME
ro}
187
COMMENTS
* Test
f pulmonary
diffusing capacity capacity
unsatisfactory for tecnical reasons
Cy...
CARDIOVASCULAR RESEARCH INSTITUTE - PHYSIOLOGICAL SERVICES LABORATORY
UNIVERSITY OF CALIFORNIA SAN FRANCISCO MEDICAL CENTER
ROOM 1351 MOFFIT HOSPITAL - PHONE 666 - 1707
PULMONARY FUNCTION REPORT
PVT
DATE
8/9/68
SERIAL # .6192
NAME
PUETZ Henry
AGY Si
Hi
176 176
75
A
1.P
R. CM KG Mi
CODE =
FLOOR
OPD
STUDIED BY LILKER HOLST
HAMILTON
REFERRED Lewis Lewis
REFERRAL DIAGNOSIS
-
Asbestosis-
chronic
.
bronchi
PULM FUNCT Restric Restrictt ive iRestv rictive e Restrictive pulmonary disease
:
~___
BLOOD
ARTERIAL
T
CONTENT
vol . 11
PS
WED OO.
.
a
-ACIN -ACIN
2 NATURATION
~
.
2
.
e
TENSION
veoh Bl
volt he
,
ImmHg
__
Air 7
AIR - 20 2-279 2-279
19.1 19.1
Aik m7
03 9
20
76
99
AP
NO
AP.
> 550
.3
J .
19.6 19.6
| 72
01
a
5350
ARTERIAL BLOOD
EMOGLOBIN
MATOCRIT
O CO A CO
- CONTEBN LOT OD
- CONTENT PLASMA
TENSION measuredi
|
if
;
gm X X
MMA |
MM
mmHg a i I
150 45
20.5.23 20.5.23 28.5
38 42
Air
146 146
46 19.8 24.0 24.0 36
02 35
ee
J et
ab.
tun sh
- 7.38 7.42
7.44
7
if )
TREADMILL
-
BICYCLE
ARTERIAL BLOOD
ENGGAN
TmHy
EXERCISE AND RECOVERY
SpeedSpeed
Speed
Inclina
WD
Load 150
J REST |
a
oe bee one :
cies
Speed
Incline
Incline
oe
mph Speed
Incline
Incline
mph
KgM Load 230 Load 25 KgM
pe 2 : 6
4 6
2
. - |) ,,
110
Recovery
4
6
90
Stopped exercis
due to
; fatigue of)
34 743 0.99
34 7.44
Ni
beats ean
treats minu
J
Asterisk -- Rood determination done with patient breathing through mouthpiece
AMM^ NINAMM^ NIN
37.8 37 196 0.4
PULMONARY FUNCTION
;
HISTORY
CONTINUATION SHEET # 3
PUETZ Henry
1 anme caps
.
SERIAL 6192
Ti
man who has been an insulation worker for 40 years was referred for assessment
functional impairment due to pulmonary asbestosis He has noticed gradually in-
ressing breathlessness during exertion for about 10 years For a similar period he
a chronic cough productive of mucoid sputum At the present time he has
dyspnea dyspnea when tying his shoes when walking quickly and on climbing 8 to 10 stairs
findings On mysical examination the
2nu rine inspiratory crepitations
in the respiratory system are mild in the lower parts of the lungs
finger
clubbing
The chest rays
since 1957
show an
infiltrative or
fibrotic process
increasing on serial
.
films
.
PULMONARY FUNCTION RESULTS
-
.
Today'Todsay's tests
values This
disease
The
show a significant reduction of the vital capacity from the predicted taken with the normal airways resistance indicates a restrictive lung high proportion of wasted ventilation is due to abnormalities of
ventilation and perfusion relationships in the lungs and this by the finding of a widened alveolar oxygen gradient
conclusion is supported and mild arterial
hypoxemia at rest The latter is not
caused by hypoventilation since the arterial
Poa is lower than normal nor could shunting of blood be responsible since the
:
Py
arterial Poz reather tre expected value curing oxygen breathing
There is chronic hyperventilation st res rest t and this becomes more marked during exercise
Although oxygen transfer alveolar oxygen
is improved from the oifference incresses
resting state at light with increasing work
workloads
the
Measurement of
diffusing capacity of the lungs was unsatisfactory for technical
restons
We
shall
appointment for repetition of this test
impairment of pulectory fui diffusing Capacity Capacity Capacity could be
. consistent refeated
with
pulmonary
asbestosis
The
ED
a
oe
Peo
aL
.
4
a,
\
1 {
~
+
De i SIGNtaE s SR IG. NERA .A. .C.C P . SIGNERP .A.C.P
> Alu M.D
Julius R.Conroe M.D
LEON LEWIS M. SHELDON MARGEN M.D.
Re
July Page
PUETZ Henry 5 1968 5
Mr. Puetz is a well developed and healthy appearing is of mesomorphic build with excellent musculature
male of late There is no
middle age who|
apparent de- .
formity There is a faint thyroidectomy scar and a more distinct herniorrhaphy scar There are tattoos of both arms and forearms and central hair is thinned and nearly bald The hair is grey
left inguinal
The anterior
The cranium is smooth
There is no tenderness
The eyes are clear
There is
some wax
normally
in both ear canals but the heard at a foot distance
drums are fairly well seen A watch is audible only when in contact with
tick the
right ear and at half inch distance from the left ear The nasal mucosa is
normal
because
septum is intact The paranasal sinuses transilluminate transilluminate poorly obviously
of dense bony structure
The mucous membrane of the mouth is normal
The
gums are clear The tongue is normally coated The tonsils are small and not
inflamed The mouth is edentulous compensated by two dentures
There is no tenderness in the neck
The thyroid gland cannot be felt
no palpable lymph nodes in the neck or elsewhere
There
'
are
The thorax is well formed Breasts are negative of resonance throughout both lung fields Breath
There sounds
is generalized impairment are bronchovesicular
There are scattered crepitant rales in many areas over Breathing is mostly diaphragmatic abdominal excursion is
the posterior lung
normal The heart
fields size
is difficult to determine
Heart rate rhythm and sounds are normal
There are
no murmurs
Femoral and foot arterial pulses are normal
The abdomen is rounded
There
hernia repair is satisfactory
are no palpable organs or masses The left inguinal however there is now a small right inguinal hernia
The external genitalia are normal
Rectal examination discloses no hemorrhoids
Sphincter tone is good The prostate gland is not enlarged There is no palpable
mass
The extremities
small joints of
are
the
essentially normal aside from hypertrophic changes fingers Foot and upper extremity temperatures are
at the normal
Neurological Examination
Personality appraisal is rendered somewhat difficult by Mr. Puetz obvious diffi-
culty hearing However he seems to be an intelligent well oriented and very
cooperative man who has no tendency whatsoever to exaggerate his clinical mani-
:
festations
+
Gait station nystagmus
coordinatio annd equilibrium are
normal
There is no dysmetria or
Cranial nerve examination discloses quite contracted
light and accommodation through a small range
Mr.
round Puetz
pupils
states
which react to that he uses
LEON LEWIS M. SHELDON MARGEN M.D.
Re
July Page
PUETZ Henry 5 1968
6
considerable poorly seen
amounts of containing
but seem to be clear
Ocular
cough medication
motion is intact
The fundi are
and sensation are normal
There is
Facial motor power
mastoid
no impairment of bone conduction over the
processes Air conduction is better than bone conduction despite the
impairment of hearing The Weber sign lateralizes slightly to the left The
tongue protrudes in the midline without tremor
Palatal and
tions are normal
pharyngeal func-
There is no disturbance of sensation for pain vibration or temperature
The superficial and deep reflexes are normal Musculoskeletal Examination
There are no pathologic reflexes
Posture is good There is no localized atrophy
are free and normal
There is no impairment of
or hypertrophy Joint
neck or spinal motion
motions
LABORATORY DATA
Complete Urinalysis
Color Character Reaction
Specific Gravity Albumin Sugar
Complete Blood Count
Yellow Clear pH 5.0 Q.N.S. 3+
Negative
Microscopic White Blood
Examination
Cells
Rare
Red Blood Cells
Rare
Epithelial Cells
} 2
Bacteria
Rare
squamous
Hemoglobin Leucocytes Packed Cell
MCHC Platelets
Morphology
Volume
17.2 grams 15,150 48 36 Adequate Normal
116
Differential
Neutrophiles Neutrophiles Basophiles Basophiles
Lymphocytes Monocytes
Count
79 0 20 %
Sedimentation Rate 24 mm./hr Westergren
Serologic Test for Syphilis
VDRL Slide J reactive
Extended Blood Chemistry Group
Glucose ( hr
Urea Nitrogen
Uric Acid
pc
130 mg
15.Omg 15.Omg
7.1 mg
Adult Normal Ranges
72 - 120 mg 6 - 22 mg 3 - 6 mg
fasting
on plasma
LEON LEWIS M.
SHELDON MARGEN M.
Re PUETZ Henry Page 7
Extended Blood Chemistry Group continued
Cholesterol Total Transaminase SGPT
Calcium
Bilirubin Total
Potassium Sodium
Alkaline Phosphatase Protein Total
Albumin
Globulin A Ratio
Protein Bound lodine
166 mg 52 U. V.
units
9.7 mg .6 mg 3.8 mEq./L
137 mEq./L mEq./L 36 Intl units
9.3 4.8 4.5 0.9
gm gm gm
3.8 mcg
Vital Capacity Study
FEVI
1 sec
FEV2
2 sec
FEV3
3 sec
Vital
Capacity
Capacity
1.7
2.1 2.1 L.
2.2 2.15 L.
2.3 2.2 2.3 2.3 L. 2.3
Adult Normal Ranges
150 - 260 mg
S
U. V. units
9 0.4 3.5
11 mg - 1.1 mg - 5 mEq./L mEq./L
135 - 150 mEq./L 13 - 40 inti units
6.0 - 8.0 gm 4.0 - 5.5 gm
1.5
3.5 gm
3.5 - 8.0 mcg
;
*.
Predicted Vital Capacity for height and age = 3.6 Vital Capacity is 64 of predicted
FSV = 75
FEV = 92
FEV3 = 96
Electrocardiogram
Rate 90 per minute
Sinus rhythm PR 0.15
in Leads V and AVL
U wave present in V
QRS 0.08 QT through 4
0.36
seconds
Flat T waves
Conclusion
Scattered ventricular ectopic beats
No evidence of right
Rule out hypokalemia U waves specific T wave changes in AVL and
heart -
strain
LABORATORY SUMMARY v
There is unexplained proteinuria of fairly marked degree
It is not associated
with other urine or blood chemical abnormality
It was not possible to determine
urine specific gravity
The red blood cell values packed cell volume and hemo-
globin are high suggesting polycythemia secondary to lung disease leucocyte count is also high although differential count is normal
However the
Neither the
leucocytosis nor albuminuria is easily explained by clinical findings
ce
te
nr
ee tT
LEON LEWIS M.D. M.D. SHELDON MARGEN M.D.
Re PUETZ Henry Page 8
Blood chemical survey is normal except for elevated serum uric acid
The serologic test for syphilis is negative
Electrocardiogram is essentially normal hypokalemia
Radiographic findings are characteristic
Blood chemistry studies did not
;
.
. of progressive asbestosis
See
reveal
. .
below
REVIEW OF RADIOGRAPHS OF THE CHEST
Outside Radiographs
The first film dated December 7 1957 is identified as 759786 Kaiser Founda
tion Hospital Oakland
It showed a medium thorax which is asymmetrical
with relatively greater expansion on the right than on the left Bone structur
are of normal density
The
lung shadows
show
some
prominence
of
central bronch because of
vascular markings and except for haziness of the cardiac outline
overlying somewhat greyish lung shadow the pulmonary findings are not remarka
beyond the limits of normal
Heart
aortic and diaphragmatic of the left leaf of the
contours are
diaphragm
norm
although there is slight irregularity
The second radiograph is dated April 15 1961 and is from the office of J. D. M. D. 2976 Summit Street Oakland By this time the pulmonary shadow is very normal There is accentuation of central markings and faint greyish mottling throughout The heart shadow is distinctly blurred as is the medial portion c the diaphragmatic shadow
show The third film on February 17 1962 also from the office of Doctor Coate
of the findings previously noted There is slight thickening of
a progression
middle and lower lobes This is fain
the interlobar fissure between the right
visible in the film of April 1961 but is now much more marked There is more
diffuse greyness and mottling and the cardiac border is no longer distinct
A fourth radiograph of March 16 1963 from Doctor Coate's office made penetration than the prior film shows relatively little progression of
monary disorder
with le
the pul
By February 2
1964
another
film
from
Doctor Coate's
There is
office shows findings si additional progression b
to those of
1962 but
somewhat more diffuse made on March 5
1966
seems to sh
February 13 1965. A very light radiograph
less density than the prior films but the most recent radiograph of February
1957
also from Doctor Coate's office
shows a very diffuse process involving is distinctly larger and i
both lung fields
By this time the cardiac shadow
However the diaph
outline is blurred The diaphragm is generally irregular
matic curve is well preserved there is no flattening
LEON LEWIS M.
SHELDON MARGEN M.D.
Re
July Page
PUETZ Henry 5 1968 9
Radiogr maa depJhus ne 21 1968
: -
a ae
.
As in the previously reported films there is asymmetry the chest
~
Bone
oaf structures are of normal density Both lung fields show diffuse greyness wi| th .
reticulation and exaggeration of central pulmonary markings The heart and
at
aortic contours are not beyond the normal range of size however they are
diaphragm
distinctly blurred and a clearcut cardiac outline cannot be made out The diaphragm.
is slightly hazy along its margin but the costophrenic sinuses are well preserved ~
A superimposed projection of inspiratory and expiratory views of the chest shows
a diaphragmatic excursion of 32 ments are made at approximately
mm
the
on the right and 36 mm on the
mid portion of the diaphragms )
left
Measure-
.
The lateral view
lung fields with
dorsal vertebrae
shows a prominent hilar shadow and generalized greyness of exaggeration of markings The heart size appears normal are well formed and the interspaces are normal
the The
DISCUSSION
Review of the previously made radiographs dating from 1957 interpreted in con-
junction with the fibrotic process
current
in both
film lungs
discloses a gradually progressive which is evidently restrictive but
presumably
not associated
with marked secondary
Heart and aortic size
emphysema Diaphragmatic appear normal at present
excursion is quite well preserved
The findings are consistent with
occupational disease of the lungs due to asbestosis -- a diagnosis suggested by the employment history
DIAGNOSES
1. Asbestosis with moderate restrictive pulmonary disease
a Probable secondary polycythemia
b Probable chronic bronchitis
2. Right inguinal hernia
3
Proteinuria --- cause ?
4.
Leucocytosis -+ cause ?
rs 5
Hearing loss -- fairly severe
Sincerely yours 1
Leon Lewis M. D.
LL
LEON LEWIS M. SHELDON MARGEN M.D.
2435 WEBSTER STREET BERKELEY CALIFORNIA 94705 PHONE 548-2727
July 5 1968
:
INTERNAL MEDICINE
Smith Parrish Paduck and 405 Fourteenth Street Oakland California 94612
Clancy
Attention Mr. David R. Nelson
Re
PUETZ Henry
Employer Western Building Materials
Social Security Number
532-112-4188
Company
Gentlemen
Mr. Henry Puetz a year
in this office on June 21
old twice married Caucasian workman was examined 1968 by the undersigned Leon Lewis M. D.
EMPLOYMENT HISTORY
Western
at the
Building Materials Company June 18 University of the Pacific Stockton
1968 to present California
asbestos worker
Prior employment Western Building Materials Company Stockton asbestos insula-
tion application two weeks November 15 - 29. 1967. San Francisco California October 1 to November 15
Western McArthur Company
1967. Western Asbestos
Company Los Landing California April to October 1967. Mr. Puetz has been an
asbestos worker since 1928 at first in Portland Oregon until 1945 and since
Seattle Washington 1945 in California
until
1941
then in
DATE OF ONSET OF SYMPTOMS
1957
PERIOD OF DISABILITY
November 29 1967 to June 1 1968
PHYSICIAN
P. E. Crantz M. 0
HOSPITALIZATIONS
See Chronological Medical History
JON HISTORY
0.Punca was born in Seattic Washington on May
Pegon a 1941 and to San Francisco California
thin
Philippine
served
in
the United States Army from
1925 to
Philippine Philippine Islands
25 1907 He in 1945. He 1928 mostly
moved to Portland
completed high school serving in the
LEON LEWIS M.
SHELDON MARGEN M.DM..D.
Re
July Page
PUETZ Henry 5 1968
2
His first marriage in which he fathered has two living adult sons the third son accompanied to the office by his present excellent relationship
three sons terminated in divorce He
was killed in the Korean War
He was
wife with whom he seems to have an
He discontinued smoking cigarettes in 1965. Prior about half package daily He drank alcohol in cently but now does not drink at all
to that time he says he
moderation until fairly
we
smoked
re-
FAMILY HISTORY
His mother is living and in reasonably good health at age 82. His father died of
some type of pulmonary disorder leading to pneumonia at age 49. Seven brothers
and four sisters are living and well
His two sons are well
He knows of no tuberculosis cancer or diabetes in the family
PAST MEDICAL HISTORY
and In addition to the ordinary diseases of childhood he had diphtheria at age 12.
In
1938 he developed hyperthyroidism thyroidectomy was performed at the Bremerton
Naval Hospital A left herniorrhaphy was performed at Antioch Hospital by Doctor Crantz in 1957. He was hospitalized for pulmonary disorder at the same hospital in 1958 1959 1960 1962 1964 1965 1966 and 1968. His last chest radiograph was made in March 1968. A gastrointestinal radiographic series was made in De-
cember 1967
SYSTEMIC REVIEW
Mr. Puetz sleeps poorly and has difficulty falling asleep
tives
He has frequent headache and dizziness
His memory
He wears glasses but has not been examined by an eye doctor
years
He does not use seda-
has begun to fail within the past two
He is subject to frequent is moderately productive
chest colds
and
he has a chronic annoying cough which
He has been told that his blood pressure was elevated
chest discomfort but no characteristic anginal pain on slight exertion
in He
the past He becomes short
has some of breath
All has
of his teeth a new set of
have been extracted dentures to which he
is poor and his abdomen is distended
that he had a stomach ulcer
and he has worn dentures for some time
He
has not yet become accustomed
His appetite
after meals
He has been told in the past
LEON LEWIS M.D. SHELDON MARGEN M.
Re
July Page
PUETZ Henry 5 1968 3
Nocturia occurs once There are no other genitourinary symptoms
Other general complaints are fatigability nervousness and tension
1.
Shortness of breath on slight exertion
a Walking causes dyspnea b Even tying his shoes causes some breathing difficulty C. Climbing a flight of stairs he must stop at least once to rest
2 Productive cough especially at night
a Expectorates about half cupful of greyish mucoid sputum b Has never expectorated blood
3. Frontal headache lasting several hours in attacks 4. Giddiness occurring when he bends over
CHRONOLOGICAL MEDICAL HISTORY
During his early
Mr. Puetz was in
years and extending good health While
through on duty
his military service until 1928 in the Philippine Islands he was
well and was never other infections
hospitalized
He did not contract
He had no venereal infection
malaria
dengue fever
or
After his return to the United States he first began to work in the asbestos
trade
His first employer was the United States Government at the Bremerton
Navy Yard where he was discharged from military service and became an employee employee For 13 years he remained at the navy yard and most of his work consisted of the
application of asbestos covering on pipes Most of this work was done
and at times he had to work in relatively confined spaces
During the
on ships
entire
period of his employment by the naval shipyard he worked without any kind of
respiratory protection No radiographs of the chest were made and no medical
examinations were done during his years of work
After leaving the shipyard he moved to Portland Oregon where he was employed by Plant Asbestos Company He again worked applying asbestos insulation to pipes on ships On this job he also worked without respiratory protective equipment He does not recall having any chest radiographs made at this time
in 1945 he moved to the San Francisco Bay area where his first employer was
Western Asbestos Company
He worked in the plant and while his duty was still
the application of asbestos coating to pipes he was also exposed to the fabri-
cation process
Ever since 1945 he has worked on and off for Western Asbestos
Company or their successors
He was also employed by the Fiberglas Company in
LEON LEWIS M. SHELDON MARGEN M.D.
Re PUETZ Henry Page 4
San and
Francisco rock wool
There all of
he worked not only with asbestos these materials having been used
but for
also with Fiberglas
insulation He also
worked for Plant Asbestos Company in Emeryville having spent about four or five
years in their employ
.
In short since
has been almost
1928 except continuously
for periods employed in
of disability in recent
the asbestos insulation
months Mr. industry
Puetz
which In 1938 while working at Bremerton he developed hyperthyroidism for
thyroidectomy was performed at the Bremerton Naval Hospital He has
a
had to
take thyroid extract
He was then quite well until 1957 when he developed a left
Wee inguinal hernia At this time he was already somewhat short of breath and coughing
He remained in Antioch Hospital eight days after repair of the hernia he was not hospitalized for pulmonary disorder at that time but was under treatment by
Doctor Crantz
Although Mr. Puetz does not recall the exact dates he believes that he has been
hospitalized about 10 or 12 times always at Antioch Hospital and always under
Doctor Crantz care
About 1962 he was in an automobile accident which required
hospitalization for a back sprain Later in 1966 he suffered a neck injury and
was again hospitalized On each occasion whether specifically for respiratory
difficulty or for other causes he was treated for his respiratory problem
usually with intermittent positive pressure devices and various medications
At present his medical regime consists of two medications but he does not know
their identity
He also uses a cough syrup
He reports to Doctor Crantz about
every home
four
weeks
He has never used intermittent positive pressure therapy at
Recently during each year his condition has fluctuated considerably He is
especially short of breath during the winter and gression of disability over the course of years
there
has
been
gradual
pro-
Mr. Puetz left his work with Western Building Materials
1967 because of shortness of breath chest discomfort
to work for the first time since then on June 18 1967
with some difficulty to the date of this examination
work he rested most of the time
He now finds that it
Company on November 29 and cough He returned and has put in two days
During the period off
is difficult to work
overhead and he is easily fatigued He finds that climbing and working
levels are extremely difficult
He has not had to work above the ground
past two days of his resumed employment
at high
the
e
PHYSICAL EXAMINATION
Height 63-3 Weight 161-1 pounds Maximum prior weight 168 pounds in 1966
Blood pressure initially 138/102 in the left arm sitting After approximately
15 minutes a second reading was 170/94
Pulse rate 88 per minute
J. D. COATE M. D. RADIOLOGIST
2976 SUMMIT STREET
DAKLAND 9. CALIFORN CALIFORN
LLEPHONE Temp 'roar6 U57
February 13 1465
Patients
Address
Purtz Henry
.
1531 Marshall treetAntioch
Physician Mr. Holmes
Act 5
7121
mt
CHEST
: ws
PA film of the chest again shows the rather extensive bilateral fibrou.
changes throughout both lower lobes which have been observed on previo , examinations at yearly intervals since 4-15-61 There has probably been
no marked increase since the last examination on 2-8-64 but comparison
involve- with previous films is necessary to determine the progress of this
ment The cardiac shadow is normal and the hemidiaphragms are smooth
and rounded
CONCLUSIONS
Bilateral chronic fibrotic changes in both lower lobes probably occupational
Diane
<n
JDC
J. D. Coate M. D.
.
J. D. COAT~ M. D.
RADIOLOGIST 2976 SUMMIT STREET
BAKLAND 9. CALIFORNIA TELEPHONE TEMPLEBAR 6-4057
February 17 1962
Patient Puetz Henry C.
Address Rt 2 Box192Oakley
; Physician Asbestos Workers Survey
Aet
54 Mo
---
C,
een
ce
St
Both lung fields show considerable granular thickening of the root .-
shadows in both perihilar areas along with discrete milliary densities These changes were noted on examination 4-15-61 A direct comparison with the previous films would be important to determine the progress of
this disease CONCLUSIONS
Pulmonary occupational disease probably asbestosis
JDC
a
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.
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ee
wee
Thanking scort nr ra. * Thanking Thanking
scort
.
report a report ; Cc) =:
WORKERSINDUSTRIAL COMPENSATION APPEALS BOARD -
INDUSTRIAL ACCIDENT
CALIFORNIA
COMMISSION prior to 1966
APPLICANT
HENRY PEUTZ Asbestos Worker
CASE OAK 20668
DATE CLAIM FILED
July 22 1966 Amended
INJURY ALLEGED
Injury to lungs due to
ALLEGED DATE OF INJURY
1945-1967
Jan. 1968 inhalation of
harmful
material
EMPLOYER
C. F. Braun et al
Many defendants see Findings
including
including
J.m Sales
No apparent Canadian carrier
OTHER NOTES
Defendants did not dispute asbestosis diagnosis Several petitioned for Reconsideration by reason Statute of Limitations -- denied
of
-DATE OF RESOLUTION
"
Sept. 8 1969
RESOLUTION
Findings & Award
Feb. 11 1970 Comp & Release
13,440 + costs
8.280 settle
.
+ wk
,
DOCUMENTS COPIED
Findings & Award
Mar. 9 1970 Affirmed after
Reconsideration
# OF PAGE
2 Compromise & Release
3 Report of Referee denying Reconsideration
4 Petition for Reconsideration attach
admitting asbestosis - employment harmful
to health Con vers
a -
Crenty Crenty Atel &
Crenty
Conte
eben ees
3 5 13
/
CLAIMANT
Henry Peutz
California Workers
CARRIERS INVOLVED
Compensation Appeals Board
The AETNA Casualty & Surety Co. oAmerican Automobile Ins Co. oAmerican Employers Ins Co.
American Motorists Ins Co. Argonaut Ins Co.
. oAssociated Indemnity Corp.
oCalifornia Casualty Casualty Indemnity Exchange oCalifornia Compensation & Fire
Co.
oCasualty Ins Co. of
Employers
California
oEmployers
Liability
Mutual
Assurance
Corp.Ltd
| oFidelity & CasualtLyiaC boi.lio tyf N IenwsYo Cor.k of Wisconsin _
oFireman's Fund Ins Co.
oGeneral Accident Fire & Life
oGlobe Indemnity Co.
Assurance Corp. Ltd.
.
oGuarantee Insurance Co.
Great American Ins Co.
oHardware Mutual Casualty Co. Sentry
Industrial Indemnity Co.
Industrial
Exchange
Indemnity Exchange
oInsurance Co. of North America
oLiberty Mutual Ins Co.
Ins
;
Co.
oLumberman's Mutual Casualty Co. oMaryland Casualty Co.
oMichigan Mutual Liability Co.
oMission Insurance Co.
oNational Automobile &
ONew Amsterdam CasualtyCC aos.ualty Ins
oOcean Accident & Guarantee
Pacific Employers Ins Co. Corp.Ltd Corp.Ltd
oPacific Indemnity Co.
oReliance Ins Co.
Standard
Standard Accident
oRoyal Indemnity
Co. Ins
Co.
oSecurity Ins Co. of Hartford U.S. State Compensation Insurance
Fund
oTransport Indemnity Co.
The Travelers Ins Co.
Casualty Ins
Co.
oThe United Pacific Ins Co.
oU.S. Fidelity & Guaranty Co.
oZenith National Ins Co.
oZurich Ins Co.
Continental Casualty Co.
Martford Accident Indem Co.
00
5/81 mmf
PAUL E. CRANTZ M.D.
127 E. 16TH STREET ANTIOCH CALIFORNIA
PLATEAU 7-8700
November 15 1962
Joseph E. Smith Smith Parrish Paduck & Company Financial Center Building
405-14th Street
Oakland 12 California
Dear Mr.
Smith Smith
Thank en Mr. Pustz
ave resulted confinal sutum
for has
Dur
been
etter rt
a atient
had
November in this
asben
7d
m8 Saul oo,
a
,
OPE
f T
Grantz H.D.
Re : Puetz Henry C.
regarding
Henry C. Puetz
cember 3 1959
He
many years duration which
ray of the chest
cough with production of
ales present in the lungs
is or whether or not
RECEIVED
Patient
Address
;
: Physician
J. D. COATE M. D.
RADIOLOGIST RADIOLOGIST
2976 SUMMIT STREET
CARLANG 3. CALIFUMNIA
TELEPHONE 6 TEMPLESAD 4839
-
February 8 1964
Puetz Henry
1531 Marshall Street
Mr. Holmes
Antioch
Act 56
-
.
e-
DEC5 1968
FILED
Division of Industrial Accidents OAKLAND OFFICE
:
.
3460
_,
ne
1
a
sont
es :
pee
:
.
;
.
Lad
:
.
. CHIEST
ee
<
A cingle PA film of the chest shows the chronic bilateral fibrotic changes
more throughout the levier half of both lung flolds marked on the right . aa
. . associated
associated perfiles thickening .
side
moderate
with moderate bilateral
:
perfiles
perfiles
thickening
Thes
fo.
toy
' changeshave apparently apparently Een progressing over the py years since 1957
we.
.
-
oct wy
'
me
'. A comparison with all of thece former films was mademade in this office office on
therecomparisons our exaratationexaratation of3-27-62 3-27-62 From time to time
buld be made a
, .
.
'
i
Coe
:
HOLIS.ONR C
Sf , te
woo
ER,
:
.
.
s
wv,
.
mar *
10 fibrotle changeschanges throughout throughoutthroughout both lower h
ye 7
.
7 ,
siglt ride- apparentlyapparently due to occupational disc
Tes
a
. .
Hoy
OM Fe,
oo
: we
7" oo
J
aot
4
2
.
a
:
.
'
Coatea BOE
.oD. Coate Coate M.
:
,
. .
a
.
,
,
poe
4
: .
.
es
oat
..
Lot
.
wy :
4, . i
g
2 oo. ty .
JD COATE MD MD
RADIOLOGIST RADIOLOGIST
2976 SUMMIT STREET
OAKLAND OAKLAND CALIFORNIA 94607
Telephone 636-4057
a
we
oabwek:
Puetz Henry
Aet 59
Ado Rt # 2- Box 101 Oakley
Physician Physician
Asbestos Workers Survey
# B- 5278 -
February 21 1967
CHEST
ow,
A single PA film of the chest again shows the extensive bilateral
interstitial fibrosis generalized throughout both lung fields
The
hilar shadows are also increased in density somewhat more
marked on the right side
No localized areas of parenchymal
infiltration can be seen
The cardiovascular shadow is
still normal in outline and the diaphragms are smooth and
rounded
A comparison with previous films is necessary to
determine the progress of the disease
CONCLUSIONS
Extensive bilateral interstitial fibrosis throughout both lung fields
JDC mc
ABDC oe
J.
fo?
Y
D.
Coate M.D.
DCOATE DCOATE
D
- ALE ALE
gt
CARE
AND
anwsPER PER
CALIFORNIA 7:45
Telephone 16 4957
Puetz Henry
Aet 58
# B- 1016
Rt # 2 - Fox 101- D Oakley California |
Asbestos Workers Survey
'
March 5 1966
CHEST
.
A single FA film of the chest shows extensive bilateral interstitial
fibrotic changes throughout both lung fields as previously observed
since examinations made annually from 4/15/61
The hilar shadows
are also somewhat is normal
CONCLUSIONS
Extensive bilateral pulmonary fibrosis probably occupational .
JDC ag
fam
F
,
et
D. Conte M.D.
COATE
D
COATE
COATE
MD
MD
Fo
eeett ote ts
AND ALEPH'A ALEPH'A ALEPH'A 917 e
Telephone 53 4057
Puetz Henry
Aet 57
1531 Marshall Street Antioch
Asbestos Workers Survey
# A - 7121
.
February 13. 1905
.
CHEST
}
PA film of the chest again shows the rather extensive bilateral bilateral
fibrotic changes throughout both lower lobes which have been observed
on previous examinations at yearly intervals since 4/15/61
There
has probably been no marked increase since the last examination
on 2/8/64 but comparison with previous films is necessary to deter-
mine the progress of this involvement
The cardiac shadow is
.
normal and the diaphragms are smooth and rounded
CONCLUSIONS
Bilateral chronic fibrotic changes in both lower lobes probably occupational
JDC ag
a7 w
ALO
fe
Oe
J.
a.
D.
Coate M.D.
10 COATE MD
DAKLAND DAKLAND
aA
TEL |
CALIFORNIA 94605
Telestine 16 4057
tp
iaees
Puetz Henry
Aet 56
1431 Marshall Street Antioch
nes
Asbestos Workers Survey
# A- 3460
February 8 1964
PA CHEST
.
A single PA film of the chest shows the chronic bilateral fibrotic
changes throughout the lower half of both lung fields more marked
on the right side associated with moderate bilateral hilar thicken-
ning
These changes
past years since 1957.
have apparently
A comparison
been progressing over the with all of these former films
was made in this office on our examination of 3/27/62
From time
to time these comparisons should be made
thicken-
H *
CONCLUSIONS
Chronic fibrotic changes throughout both lower lobes more on the right side apparently due to occupational disease
marked
JDC
a J. D. Coate M.D.
ual: vd
PADI
oa?
MM
ote ba 1
SANLAND SANLAND TAUFORNIA TAUFORNIA 201
Telephine 53 8057
Puetz
Mr Henry C
1531 Marshall St Antioch
Age 55
Asbestos Workers Survey
A - 404
March 16 1963
PA CHEST
Single PA film of the chest again shows the generaliz ed fine fibrotic changes throughout the lower half of both lung
fields
There
which have been reported on previous examinations has been no apparent increase since the examination
made one year ago
The only areas showing any degree of
emphysema are in the dependent portions of both lower lobes
The upper lobes of both lungs appear to be relatively normal
in appearance
The diaphragms are smooth and rounded
showing no evidence of any pleural adhesions
CONCLUSIONS
Chronic bilateral fibrotic occupational disease
changes
apparently
pulmonary
JDC ag
a
oa D.
4.
ie
uw
Coate
M.D.
L
JD COATE M.D.
ADIDA CUST
et SUM IT SUMMIT
BAKLAND BAKLAND CALL
STREETSTREET
OPNIA 93769
Telephone 836 4057
.
Puetz Mr Henry C
Age 54
Addressi
Rt 2 - Box 192 Cakley
Phyx.clas
Asbestos Workers Survey
# 22832
March 27 1967 es
PA CHEST
of A review the recent film made on 2/17/1962 and compared with
previous films made elsewhere in 1957 show a gradual increase in the degree of fibrotic changes in the hilar areas and
throughout the lower half of both lung fields
The film made
in 1957 shows only a very minimal however early changes
There has been no great increase in the degree of fibrosis as
compared with the film made on 6/10/1961
However I do feel
that there is definitely a very gradual increase in the degree of
interstitial fibrosis during the past five years
The inferior portions
of both lower lobes appear to be somewhat more emphysematous as
compared with the film made in 1959
CONCLUSIONS
The gradual increase in the bilateral fibrotic changes and the
radiologic appearance of the process strongly suggests this is probably pulmonar y occupational disease
that
JDC ag
a
3.0 COATE
MO
Say ay
"6 OAKLAND OAKLAND
MY ST PERT PERT CALIFORNIA CALIFORNIA O40,
Telephine 16 4057
Puetz Henry C
Aet 54
Rt 2 Box 192 Oakland
Asbestos Workers Survey Survey
# 22832
February 17 ,
.
in
PA CHEST
*.
Both lung fields show considerable
shadows in both perihilar
granular thickening of the root
areas along with discrete milliary densities
These changes were moted on
parison with the previous films
examination would be
4/15/61
.
A direct cor.-
progress of this disea se
important to determine the
.
=
CONCLUSIONS
Pulmonary occupational disease probably asbestosis
JDC ag
a rs
J. D. Coate M.D.
2G COATEM
WALE
1ST
ete
1.5348
1.5348
...
SIDEET SIDET
DAKLAND DAKLAND CALIFORNIA CALIFORNIA
tec.
Telephone 536 1057
.
fub Aggress
Puetz Route
Mr Henry
Age 54
Box 192 Cakley Calif
# 21148
Physician
Mr Holmes ( Asbestos Workers Survey
April 15 1961
PA CHEST
wy
PA film of the chest shows considerable bilateral increase
in both hilar shadows with considerable generalized increase
in the root shadows throughout both lower lobes
In some
areas small discrete parenchymal densities can be seen
The
heart shadow is within normal limits and the diaphragm
are smooth and rounded
CONCLUSIONS
The findings are very suspicious for a possible early asbestosis
JDC ag
D.
Pa
Conte
M.D.
ee eect
WORKERS COMPENSATION APPEALS BOARD
2
STATE OF CALIFORNIA
3
HENRY C. PUETZ fF
|
CASE NO
66 OAK 20668
to
7
8 9
10
Applicant
VS. ) C.F. BRAUN et al and
AMERICAN MOTORISTS INSURANCE
COMPANY et al
Defendant }
CERTIFICATION
.
11
I hereby certify that the attached documents are true
12 13
and correct copies of the original documents filed in the records of this office in the entitled matter
14
15 Appeals
ATTEST Board of
my hand and the Seal of the
the State of California
Workers
Compensation
16
17
18
-- --"--,
19
C.
WILLIAMS
20
Workers ' Compensation Judge
Workers Compensation Appeals Board
21
222
23 24 25 26 27
Dated at San Francisco
California this 6
day
of April 1981
DIA WCAD FORM 15 NEW 1.78
COCON NT OT S
DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ACCIDENTS
WORKMEN'S
COMPENSATION APPEALS STATE OF CALIFORNIA
BOARD
.
HENRY C.
PUETZ
I
Applicant
)
)
CLAIM NO 66 OAK 20568
VS.
)
C. F. BRAUN et al and
)
AMERICAN MOTORISTS INSURANCE
COMPANY et al
)
Defendants
FINDINGS AND AWARD
.
FILED FILED
| SEP8 1969
10 11 12 13 14 15 16 17
18
19 2
The above entitled matter having been regularly submitted submitted
before Richard A. Hickman Referee said referee makes his decision
as follows
FINDINGS OF FACT
1. Henry C. PUETZ born April 25 1907 while employed as asbestos worker within the State of California during the period be
ginning 1945 through November 29 1967 sustained injury arising ou
of and occurring in the course of his employment consisting of asbestosis
2.
Applicant was employed and injury was caused by exposur
during periods of employment and insurance coverage as follows
EMPLOYER
YEAR
INSURANCE CARRIER
Cork Insulation Co.
Western Asbestos Co.
Inc.
Marine Supply George
Engineering &
Co.
Golling & E. Gunder
1945
1946 1947
1954-1958
1960-1962 1964-1966
State
Compensation Ins.Fu
1947 1947
Fibreboard Corporation
Plant Asbestos Co.
1947 1948 self - insured
1948-1950
Pacific Employers Ins Co
1953-1955 )
1957 1958
1960
)
Industrial
Indemnity Company
1963 1964 Employers Liability Assur
:
Corp. Ltd.
1 2 3
...
5 6 7 8 9 10 11 12
Bay Cities Asbestos
J. T. Thorpe & Son
Ltd
| Western Fibrous Products Co.
:
Glass
The Industrial Insulators
Johns Manville Sales Corp.
Armstrong Cork Co.
Mundet Cork Corp. Thorpe Insulation Co.
Gay Engineering Corp. Owens Corning Fiberglass Corp.
1948 1949 1948-1950
1949 1949
19419957-1953 )
1955 1962
1953
1955
11996545--11996662 y
Industrial Indemnity Co.
Pacific Employers Ins(
Industrial Indemnity Exc
Travelers
Insurance
Com
;
Travelers Insurance Comp
Aetna Casualty & Surety
Aetna Casualty & Surety
Co.
13
Fluor Maintenance Inc.
1955-1957
14
Coast Insulating Products
15
Harold G. Lorentzen
'
16
| Lorentzen Co.
Owen E. Leinio
17
San Jose Asbestos Co.
1956
1957
1956
1957
18
C. F. Braun
1958
19
20
21
22 23
John Newkirk Universal
Insulation Co.
Armstrong Contracting & Supply Co.
Muldoon Co. Inc.
M. R. Carpenter
1960 1961 1963 1961 1962
1962
24
Accurate Insulation Inc.
1962
25 ||Hickman Bros. Inc.
26
Keller Insulation Corp.
1963 1963
27
Metal Clad Insulation Inc.1964
28
Insulation Services Inc.
1964 1965
29
Associated California
Insulation
of
20668 65
.30 Jak
MacArthur Co.
uetz
|
1965 1966
1967 :
:
Continental Casualty Co. Argonaut Insurance Co. Pacific Employers Ins C Industrial Indemnity Co.
American Motorists Ins.C
Industrial Indemnity Co.
State Compensation Ins.F State Compensation Ins.F
Pac.Employers Ins Compa Industrial Indemnity Co.
Hartford Accident & Ind
Great American Insurance
Employers Liability Assu Corp.
Hartford co
Accident & Inde
-2-
10
11 12 13 14 15 16 17 18
19
20 21 22
3.
Applicant's earnings were maximum for both temporar
permanent disability indemnity
4. The injury resulted in temporary total disability fo , period November 30 1967 to and including May 31 1968
or
5 The injury resulted in permanent disability of 64 %
6 Applicant is in need of further medical treatment to
relieve from the effects of the injury
7
Defendants failed to furnish medical treatment neces
to cure or relieve from the effects of the injury subsequent to
26 1966 after notice of need and applicant incurred expenses
therefor
8.
295.50
Applicant reasonably incurred medical costs of
9.
The reasonable value of the services of applicant's
attorneys is 1,500.00
10. The Department of Employment paid UCD benefits at 7
per week for the period December 2 1967 through May 24 1968 currently with temporary disability found herein
regard
11.
The claim is barred by the Statute of Limitations wi
to temporary disability indemnity or medical expenses for
period commencing prior to July 26 1965
12.
Defendants have not been prejudiced by lack of notic
the injury
13.
misconduct
The injury has not of the employee
been caused
|
by the serious
and
wi
14. Defendant State Compensation Insurance Fund is pri responsible for the payment of compensation and the furnishing o medical treatment as awarded herein but said defendant will hav
right to seek contribution from the other defendants in an amoun
be adjusted
by said defendants
or
to
.
be
determined
by
the
Appea
5 6
7
o
10 11 12 13 14
15
16 17 18 19 20 21 22 23 24 25 26 27
Board upon filing of an appropriate request therefor such proceedings being hereby expressly reserved
Jurisdic
WARD
AWARD IS MADE in favor of HENRY C. PUETZ against STATE
SATION INSURANCE FUND PACIFIC EMPLOYERS INSURANCE INSURANCE COMPANY IN
INDEMNITY COMPANY INDUSTRIAL INDEMNITY EXCHANGE EMPLOYERS LI
ASSURANCE CORPORATION LTD TRAVELERS INSURANCE COMPANY , AET
CASUALTY & SURETY COMPANY CONTINENTAL CASUALTY COMPANY ARGON
INSURANCE COMPANY AMERICAN MOTORISTS INSURANCE COMPANY HARTFO
ACCIDENT & INSULATION
INDEMNITY COMPANY GREAT AMERICAN INSURANCE
CO INC MARINE ENGINEERING & SUPPLY CO
COMPANY GEORGE 1
AND E. GUNDER FIBREBOARD CORPORATION THE INDUSTRIAL INSULATO
THORPE INSULATION CO GAY ENGINEERING CORPORATION OWEN E. LE
SAN JOSE ASBESTOS CO JOHN NEWKIRK UNIVERSAL INSULATION CO
ARMSTRONG CONTRACTING AND SUPPLY CO jointly and severally as
follows .
a Temporary disability indemnity at 70.00 per week the period November 30 1967 to and including May 31 1968 1 1,840.00 to the Department of Employment in satisfaction of it
for UCD benefits
b Permanent disability indemnity at 52.50 per week ginning June 8 1968 and continuing for 256 weeks until the to of 13,440.00 shall have been paid less 1,500.00 to Smith Pa Paduck & Clancy as attorneys fee
c
Further medical treatment to cure or relieve from
effects of the injury herein
July
d Reimbursement of 26 1966 to be adjusted
medical expenses incurred subsequ by the parties or to be determine
in upon filing of a petition and supporting documents
e Medical costs of 295.50 payable 215.00 t
Dr.
2 3
Leon Lewis and 80.50 to 2435 Webster Street
f
Interest as provided by law
ORDERS
Laboratory
5 6 7 8
mo
10 11
IT IS ORDERED THAT State Compensation Insurance Fund be primarily responsible for the payment of compensation and costs ar for the furnishing of medical treatment as hereinabove
awarded
subject to said defendant's righotf contribution as provided in
finding no 14 above
IT IS FURTHER ORDERED THAT Van Arsdale Harris Co. and The Budlong Corp. be and they are hereby dismissed as parties de
dant herein
12
13
15 16 17 18 19 20
22
hg PUETZ 66 OAK
20668
RICHARD A. HICKMAN Referee
SERVICE BY MAIL ON ALL PARTIES LISTED
ON OFFICIAL ADDRESS RECORD
SEP
8 1969
ot
INSTRUCTIONS
Do not ase this form in death cases Use Form 16. Do not use in party cases Use 17
if the injured employee be under 21 years of age and a guardian ad litem has not been previously of guardian ad litem and trustee must accompany this agreement
s The guardian must sign this agreement on behalf of an injured employee who is under 21 years of
such minor should also sign this agreement
oS
appointed
age If the
a petition for appointment . minor is above the aga of 1
Attach all medical reports not heretofore submitted to the Workmen's Compensation Appeals Board and advise when other reports were file
COMPROMISE
AND
RELEASE
WORKMEN'S COMPENSATION APPEALS BOARD
DIVISION OF INDUSTRIAL ACCIDENTS
RELATIONS DEPARTMENT OF INDUSTRIAL
STATE CALIFORNIA
.
en Te
CASE
NO
OAK
2066
SOCIAL SECURITY 532-12-4188
Mr. XXXXX
HENCY C. PUETZ
...
APPLICANT
C.F. BRAUN et al
CORRECT NAME OF EMPLOYER
Rt 2 Box 101 Oakley Californ
ADDRESS
ADDRESS
AMERICAN MOTORISTS
INSURANCE
NAME OF
CO
etal
ADDNESS
The parties hereto for the purpose of compromise only hereby submit the following agreed statements of fact
Henry C. Puetz
1967
employee employee herein born on 4/25/07
claims
as
that he was employed on 1945 _day of
_19_
Various Places in Calif
asbestos worker
GGCUPATION
_by_
MONTH
YEAR
Various Employers
INAME OF EMPLOYER
CITY CITY
STATE
then insured as t
workmen's compensation liability by
Various Insurance
STATE NAME OF
OR
carriers
OSLP
and tha
he sustained an injury arising out of and in the course of his employment as follows evidenced by the
medical reports on file with the WCAB
The actual weekly wages of the employee at the time of injury were
$
Maximum Maximum
while the average weekly wages wer
3. The employee's present disability is
in
and the employee
returned to work
dispute
STATE PREBENT DISABILITY RESULTING FROM THE INJURY
IF DO STATE WHEN
4. a Temporary disability indemnity has been paid to the employee in the sum of None
at $
beginning ._.______. to and including The amount due and unpaid to the employee is $
-per week
b Permanent disability indemnity has been paid to the employee in the sum of
1500.0
advanced
Covering prod
to
5. The parties hereby agree to settle any and all claims on account of said injury by the payment of the sum of 8280.00
in addition to any sums heretofore paid by the employer or the insurer to the employee said sum to be payable as follows SEE ADDENDUM
_ 6. Medical and hospital expenses have been paid ALL
by the employee and None
_by the employer or carrier
None Unpaid bills amount to :
__, Future medical and hospital expense is estimated at
In dispute
by
future medical and hospital expense is to be assumed as appli by c appa lic n ant t _
Unpaid and
DIA WCAB FORM 15 PAGE ) FORMERLY FORM 431
NEV 1.66
84319-872 12-25 M ' ' csv oS
;
.
.
Smith Paduck Clancy & WRIGHT
7. Name and address of employee's attorney if any 405-14th 405-14th Street Oakland California California
1. Said attorney requests a fee of 750.00
Amount of attorney fee previously paid if None
9. 9. Reason for Compromise parties wish to compromise their dispute as to injur
COE nature and extent of disability need for future medical
and limit ofalt imi ito atn ios ns
10. The undersigned request that this Compromise Agreement and Release be approved
11. Upon approval of this Compromise Agreement by the Workmen's Compensation Appeals Board or Referee and paymer accordance with the provisions hereof said employee releases and forever discharges said employer and insurance carrier from claims and causes of action whether now known or ascertained or which may hereafter arise or develop as a result of said in including any and all liability of said employer and said insurance carrier and each of themthem to the dependents heirs execu representatives administrators or assigns of said employee
` It is agreed by all parties hereto that the filing of this document is the filing of an application on behalf of the employee and
the W.C.A.B. may in its discretion set the matter for hearing as a regular application reserving to the parties the right to
issue any of the facts admitted herein and that if hearing is held with this document used
pu
have available to them all defenses that were available as of the date of filing of this docasumaenntappalnicdattihoant tthhee dWe.feCn.dAa.nBt.s .
thereafter either approve said Compromise Agreement and Release or disapprove the same and issue Findings and Award :
hearing has been held and the matter regularly submitted for decision
13. For the purpose of determining the lien claim filed herein for the unemployment compensation disability benefits which have i
paid under or pursuant to the California Unemployment Insurance Code the parties propose the following division of the sum
upon for settlement and release of this case
ag
SEE ADDENDUM
$
_for temporary disability covering the period
to
$
for accrued medical expense paid or incurred by the employee
_for future medical care
$...
for permanent disability
The above segregation must be fair and reasonable and must be based on the real facts of the case There should be no atte made to deprive the lien claimant of a reasonable recovery consistent with all the amounts involved
WITNESS the signature hereof this 21 day of of eb. 1969 Congo Congo Congo ---- --
Mary
Do
Kekan
Kekan
Kekan Kekan
Sharene Sharene V.
WITNESSES
; Poss Poss
THE INJURED APPLICANT'S SIGNATURE MUST BE ATTESTED BY TWO
DISINTERESTED PERSONS OR ACKNOWLEDGED BEFORE A NOTARY PUBLIC
STATE OF CALIFORNIA
County
County
of of
$$
Hessory
Jf
<=
Hessory ~
, CLANCY SMITH
TK,
& WRIGHT
BY :
"
|e
sie
Sins
\
See attached for
contributions by
signatures and defendant s
On this
day of
A.D 19
before me
a a Notary Public in and for the said County and State residing therein duly commissioned and sworn personally appea
known to me to be the person whose name
subscribed to the within Instrument and acknowledged to me that be executed the same IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and
written
year in
this
Certificate
first
abi
2) SIA WLAS Ponce Taek
FORMERLY FORM 4311
Ther
1.09
Notary Public in and for said County and State of Californi
86215-803-92-44 86215-803-92-44 602m
I 03+ -
.Y
ADDENDUM TO COMPROMISE & RELEASE AGREEMENT
HENRY C. PUETZ v C. F. BRAUN et al 66 OAK 20668
Carrier
Rated Amount
Signature
Employers Liability Assurance Corporation Ltd.
cof
$ ~ 546.48
KIERNAN &
Py
MISCIAGNA
Industrial Indemnity Company state Compensation Insurance Fund acific Employers Group Fibreboard Corporation
Travelers Insurance Co.
Aetna Casualty & Surety Co.
Continental Casualty Company
Argonaut Insurance Co.
American Motorists Insurance Co.
1,068.12
INDU~STRIAL
INDUSTRIAL 2,045.167
STATE
Le
BR
571.32 ~~ JOHN
By HERLIHY
107.64
R BROBECK
&
HARRISON
Muthulle
2,541.96
"
SEDGWICK DETERT ARNOL
By R R
82.80
~~CONTINENTAL
CO
JohnX
Hartford Accident & Indemnity Co.
Great American Insurance Co.
ESS Credit in the sum of 1,500.00
264.96
vy
200.00 66.626.424
200.00 200.00
for advances
Rideon Rideon R. SEDGWICK DETERT ARNOLD RideoRindeon
B t y he
less attorney's fees and
Less 280.00 to Smith Paduck Clancy & Wright for litigation expenses ad-
vanced all to be deducted from the amount set forth above as being payable
by AETNA CASUALTY & SURETY CO
Q
6
CLAIM NO 66 OAK 20668
HENRY C.
PUETZ
REFEREE Richard A. Hickman
C. F. BRAUN et al and AMERIC
MOTORISTS INSURANCE COMPANAYMERIC
1969
Dictated October 2 1969
INJURY
from 1945 through November 29 1967
REPORT AND RECOMMENDATION OF REFEREE ON PETITIONS FOR RECONSIDERATION
I
INTRODUCTION
Asbestos worker born April 25 1907 alleges injury to his lun
consisting of asbestosis as the result of harmful exposure during
various employments in California during the period 1945 through -
1967
oe
In the Findings and Award issued on September 8 1969 it was
found that applicant has sustained compensable injury consisting of
asbestosis the period
during various employments by various employers during 1945 to and including November 29 1967. Compensation wa
awarded for temporary total disability beginning November 30 1967
through May 31 1968 and for permanent disability of 64 % It was
also found that the claim was barred by the Statute of Limitations
only with regard to temporary disability and medical treatment for
any period of further found
disability beginning prior to July 26 1965.
that the injury was not caused by the serious
It was and
wilful misconduct of the employee
Timely Petitions for Reconsideration have been filed on behalf
of various defendants contending primarily that applicant is not
entitled to an award for compensation benefits because the claim is
barred by the Statute of Limitations and that the amount of any award for benefits should be reduced by 50 % because of the serious
and wilful misconduct of the employee
It is further contended on
behalf of State Compensation Insurance Fund that it should not have
been burdened with paying the entire award and that
have been apportioned amoring the various defendants
liability should It is further
=
contended on behalf of Aetna Casualty and Surety Company and Mundet
Cork that Mundet Cork should have been dismissed because
employment by said employer was outside of California
applicant's
II
DISCUSSION
Statute of Limitations
Applicant testified that he first began to experience lung problems
including shortness
many times for this
of breath in about problem thereafter
1961 that he was hospitalized
that he was treated by Dr.
Crantz and had periodic chest rays by Dr. Coate Applicant further
testified that he first quit a job because he could not perform the
climbing work involved because of shortness of breath in 1965 when
he was working for Plant Asbestos The social security records how-
ever indicate that applicant did not work for Plant Asbestos in 1965
and that he last worked for said employer in 1964. In his Deposition
applicant testified page 9 that Dr. Crantz told him in about 1962
to get out of the business and that it was harmful to his health
_
He further testified page 10 that he lost an average of two months
of work per year and that Dr. Crantz told him four or five times
that he should get out of that type of work Applicant further testi-
fied pages 12 and 13 that he was examined at U.C. in 1964 that a report of the examination was sent to Dr. Crantz who told applicant it indicated what Dr. Crantz already knew that applicant had
.emphysema or asbestosis of the lungs The application herein was filed
on July 26 1966. It was concluded that applicant had suffered dis-
ability as a result of asbestosis more than a year prior to July 26
1966 and that applicant either knew or in the exercise of reasonable
diligence should have known that such disability wascaused by his employment Under the provisions of Labor Code Section 5412 it seemed
apparent that a date of injury could be established as early as 1952
PUETZ
2
3
*
66 Oak 20658
and certainly by 1964. It
should have an enforceable
would
cause
seem clear however that applicant of action for an industrial injury
occurring within one year of the date on which the application was
filed There does not appear to be any reason why applicant's claim
should be barred to the extent that it is based upon any period of
exposure during employment subsequent to July 26 1965. Applicant's claim alleges an injury which is cumulative in nature The medical
evidence including the report of Dr.
October 8 1968 exhibit D filed
Horton C. on behalf
Hinshaw
of State
Jr. dated
Compensation
Insurance Fund indicates that applicant's asbestosis and
-
present
disability is attributable to applicant's continuing harmful exposure
subsequent to July 26 1965 as well as to exposure during various
periods of employment prior to said date
On the basis of the prin-
ciples set forth in the decisions in Miller vs. WCAB 33 CCC 68 and
Burris vs. Southern California Rapid Transit District et al 33 CCC
419 applicant's claim for permanent disability and for the temporary
disability found herein should not be barred by the Statute of Limi-
tations Although the cited cases did not involve an occupational
disease the theories are equally applicable to an occupational dis-
, ease case which by its nature is a cumulative injury
Under the pro-
|
visions of Labor Code Section 5412 not one but numerous dates of
injury might be found on the basis of the history of applicant's
various employments and recurrent periods of disability The Statute of Limitations should not be a bar to applicant's recovery for dis-
ability which has resulted from the cumulative effects of his various
periods of exposure
Serious and wilful misconduct of employee Defendants contend that any award of benefits should be reduced by 50 % because of applicant's serious and wilful misconduct consisting
PUETZ
3
66 Oak 2066
of continuing to work as an asbestos
employment physician that such
would
worker after being
be harmful to him
advised by h Applicant tes
worn fied that he has
a respirator whenever he worked with asbestos
in California There is no indication that applicant performed his wo
any different than any other by his various employers It
employee or
is apparent
in a that
manner not anticipated applicant knows no tra
other than insulation work and that to
face starvation or at best becoming a
give up Welfare
to his trade would be case Applicant's cor
duct in this situation does not constitute
serious and wilful mis -
conduct
Form of award
State Compensation Insurance Fund protests the form of the award
in that said defendant is required to pay the benefits awarded and to
seek reimbursement in subsequent proceedings This is the proper pro
cedure
as set
in cases forth in
involving cumulative injury
the decision in Burris vs.
with multiple defendants
Southern California Rapid
Transit District et al 33 CCC 419
Dismissal of Mundet Cork
Defendants Aetna Casualty & Surety Company and Mundet Cork conter
that that
since Mundet Cork should have been dismissed
his work for Mundet Cork was back East
and
applicant testified
that he was hired t
East for that job Applicant's testimony indicates that he first came
California in 1945 but went back East in 1948 for 2 years He returne
to California in 1950 for 2 years and then went back East again until
1954 when he again returned to California
The social security recor
indicates that applicant
of 1953 and also in the
was employed by Mundet Cork in the fourth qua
second quarter of 1962.
The evidence indicat
that applicant's other employments in 1962 were in California It was
concluded that applicant
Mundet Cork and that his
had forgotten about the 1962 employment by testimony concerning employment back East
employment referred to the
in 1953. In the Findings and Award the
PUETZ
4
66 Oak 20668
employment by Mundet Cork was found to be only in 1962 RECOMMENDATION
Deny defendants Petitions for Reconsideration
Richerla
Richerla
deman
deman
hg 66 Oak 20668
RICHARD HICKMAN Referee
Splayer Splayer PUETZ H. 3
SERVICE BY MAIL ON
COT COT
# 1959
Smith Parrish Hanna & Brophy
Paduck & Clancy 315 Financial Center
1540 San Pablo Ave.
Oakland
Calif
Bldg 94612
Oakland
for Argonaut Insurance Company
Travelers Insurance Company
American Motorists Insurance Company
Kierman Great American Insurance Company )
Misciagna & Golman 142 Sansome St.
San
for Employers Liability Assurance
Francisco 94104
Sedgwick Detert & Arnold for Hartford Accident &
Corporation Ltd. 11l Pine St. San Francisco
CA 94104
Aetna
Indemnity Company
;
Casualty & Surety Company )
John P. Herlihy 244 Pine St. for Pacific
San Francisco
Calif
94104
Fermin J.
Ramos
Employers Insurance Company 220 Bush St. Suite 700 San
for Industrial Indemnity Company
Francisco CA 94104
Industrial Indemnity Exchange
Brobeck Phleger & Harrison 111 Sutter St. San
for Fibreboard Corporation
Francisco CA 94104
State Compensation Insurance Fund P. O. Box
Department of Employment P. O. Soc.Sec No. 532 - 12 - 4188
Box 1857
1010 Oakland
Oakland
Calif
CA 94604
re
RECEIVED
RECEIVED
BEFORE
.
THE WORKMEN'S
COMPENSATION
.
.
APPEARS
THE STATE OF CALIFORNIA
SEO
17:33
LEa.D LED
LED LED BOARD OF
LED re
LED LED
LED LED
hd
HENRY C. PUETZ
vs.
Applicant
C. F. BRAUN et al
Defendants
Claim No. 66 OAK 20668
PETITION FOR RECONSIDERATION
Defendant Fibreboard Corporation herewith petitions for reconsideration with respect to the Findings and Award
served September 8 1969 upon the following grounds
1.
That the Board acted without or in excess of
its powers
2.
ings of fact
That the evidence
does not justify the find-
3. That the findings of fact do not support
the order decision or award and
4.
That the order decision and award are not
supported record
by
substantial
evidence
.
based
upon
the
entire
This is an asbestosis case in which the Referee
found injury during a period from 1945 through November 29 1967 and defendant submits that the claim in its entirety is barred by the statute of limitations because
applicant was not only well aware of his condition as
* .
early as 1962 lost time from work because of it claimed
that it was apparently related to his work and consulted his present counsel in that year although an application for benefits was not filed until 1966
In support of defendant's position that the case
is clearly barred by the statute of limitations defendant
adopts and incorporates herein as Exhibit A the Memorandum
of Points and Authorities submitted by Accident & Indemnity Company and Aetna
Company dated December 9 1968
counsel for Hartford
Casualty & Surety
Defendant further submits that in any event any
finding for 50 because
the applicant should have of the employee's serious
been decreasebdy
and wilful misconduct
in continuing in employment in conditions injurious to his
respiratory system although advised by his physician that
this type of
of the case
work was harmful With respect to
defendant adopts and incorporates
this facet
herein as
Exhibit B the Points and Authorities Regarding The Serious
and Wilful Misconduct of the Employee submitted by counsel
for State Compensation Insurance Fund
1968
dated December 6
Defendant submits that no defense of the statute
of limitations could be more valid than this case where
the applicant supplied of the application and
his attorney
after he had
years before the filing
lost time from work
because of the injury with a medical report with his
handwritten notations thereon
Applicant's counsel delayed
for over four years before filing an application for benefits
(
and
the
therefore this stale complaint statute of limitations
is clearly
barred
by
WHEREFORE defendant prays that reconsideration
be granted and without further proceedings an order issue directing that applicant take nothing
Dated September 16 1969
Respectfully .....
Attorneys for Defendant
^'
VERIFICATION
named
I am in the
one of the attornefyosr the defendant
foregoing Petition For Reconsideration
;
and
make this verification on behalf of the defendant for
the reason that the facts stated therein are within my
knowledge
I have read the said Petition For Recon-
sideration and know the contents thereof and the same is true of my own knowledge except as to the matters
which are therein stated on information and belief and as to those matters I believe it to be true
I certify under penalty of perjury that the
foregoing is true and correct Executed at San Francisco
California
.
this 16th
day of September 1969
Rinaldo Sciaroni
Are
1 Nn
3
&
10
SEDGWICK DETERT MORAN & Attorneys at Law 111 Pine Street Eleventh San Francisco California Telephone 982-0303
ARNOLD
Floor 94111
.
Attorneys for Defendants
Oo
BEFORE THE WORKMEN'S COMPENSATION APPEALS BOARD
7
OF THE STATE OF CALIFORNIA
=
8
9 10 11 22 13 14
HENRY C. PUETZ
Applicant
-VS-
PEILIP CAREY MFG et al
Defendants
ated
ate
WCAB Case No. 66 OAK 20568
athe
Tathes MEMORANDUM OF POINTS AND
atin AUTHORITIES
eatin cathe
agin
16 17 18 19 2 21 22 2 2 2
Applicant by his application filed herein on
July 26 1966 alleges lung disability as a result of his emplo
ment for the period 1945 through 1957 The evidence on file herein clearly shows that the
applicant was disabled and had knowledge of the reason for his disability at least one year prior to the filing of his applica
Therefore applicant's claim is clearly barred by the Statute a
Limitations
POINTS AND AUTHORITIES
26
27
28
29
30
LAW OFFICES SEDGWICK BITERT BITERT
MURAH Z ARNOLD 111 PINK Sintet Sintet CLEVINEN PLESN PLESN
SAN FRAN ee
Labor Code 5405
The period within which may be commenced proceedings for the
collection of the benefits pro-
vided by Articles 2 or 3 ox both of Chapter 2 of part 2 of this Division is one year from
2
The date of injury
-1-
Exhibit Exhibit
Exhibit
Exhibit
A
A
2
3
5
6
7
9
10 11 12 13 1999 1999 1999 17 18 19 20 21 22 23 24 25 26 2 28 29 30
L.
ANTES
SLOGWICK EFTERT EFTERT KORAN &
114 PINE EXCEPT
Labor Code 55412
The date of injury in cases of occupational disease is
that date upon first suffered
which the employee disability there-
from and either knew or in the
exercise of reasonable diligence
should have known that said
disability was caused by his
present or prior employment
It is a well settled princial that injury in
occupational disease cases is when the accumulated effects of
deleterious substance manifest themselves and this would be when the employee becomes disabled and entitled to compensatio
that is when under the established meaning of the term disability as used in compensation law there is a combinati
of partial or total physical incapacity and inability to work
Associated Indemnity Corporation vs. Industrial Accident Comm 124 CA 378
The Statute of Limitations commences to run whe
the employee suffers work disability and knowosr in the
exercise of reasonable diligence should know that he is
suffering from a disease or injury caused by the employment
Argonaut Insurance Company vs. Industrial Accident Commission
28 CCC 175
ARGUMENT
Dr. Crantz's records indicate that applicant fi
consulted the doctor on December 9 1959 because of trouble
with his lungs Dr. Crantz noted in his records Asbestos
inhalation many years Entry by Dr. Dowell in these same
records dated May 3
1962 states patient has
been unable to
work today
began coughing
increased
* .
amounts
yesterday
and
th
-2
1
3
4
5 6
7
9 10 723 723 13
15
16
17 18 19 2 2 2 23 24 25 26 27 28 29 30
LAY
OFFICES
OFFICES
began six days ago and developed productive profuse cough with
a whole cup of sputum this morning which he On May 14 1962 the doctor reports There
describes are still
as milkmy ilky
rails in
the base bilaterally and
anerior chest wall due to
coughing less
.
coughing
some pain in the left
On May 21 1962 the doctor notes much improv
still
rails
in
the
right
base
keep will
off work until June 4
The above entries clearly show that the applica
was off work because of his lung disability as early as May of
1962. states
On February 2
that he is to
1963 Dr. Dowell in these same records
Oakland see the consultant in
soon about
his chest for his attorney I told him it would be a good idea
to get his films and he could use our EKG if he desires
Therefore by these records it is clear that in 1963 the
cant had knowledge that his disability was related to his
appl
employment and he in fact was to see his attorney about his
chest condition
disability was
The fact that applicant had knowledge that his related to his employment is further evidenced
by Dr. Cote's report dated February 17 1952. Said report has
been made a part of applicant's deposition which is on file wi
the Commission and concludes
Pulmonary occupational disease probably asbestosis
Applicant explains the note on the bottom of
this report on Page 19 as follows
lines
19 through 26 of his deposition
Q.
pSmriotbhl'Aespmparently was
in
you went over to Joe
1962.
A.
I believe it
Q.
To talk to him about that
A.
Yes
Q.
This letter
here at the bottom of Dr. Cote's report
of February 17 1962 that was to your
lawyer was it A.
Yc3
-3-
There is no question but that applicant had th
v report in his possession and in fact wrote on the bottom of
3
that report a note to his attorney Joe Smith The report an
Pr
thereon indicates that applicant had knowled
5
that his disability was related to his employment back in 195
@
which was some four years prior to the filing of the applicat
7
herein
.
;
8
Further evidence of applicant's knowledge of h
9
disability being related to his employment is on Page Six
lines 1 through 15 of his deposition where he indicates has had knowledge of his condition being related to his
that
.
employment for some period of time and furthermore he state
that he has been hospitalized perhaps eight or nine times
because of his lung condition On page 7 lines 5 through 18
the applicant again indicates that he has had rays for his lung condition since 1957 and in fact the rays were paid
for through a union arrangement Applicant acknowledges
receiving copies of these ray reports from Dr. Cote which
on file with the commission On Page 9 lines 9 through 19 o
his deposition applicant further discusses his knowledge of
his lung condition being related to his employment and states
that as early as 1952 Dr. Crantz told him to get out of the
business
. .
On Page 9 lines 22 through page 10 line 4 applicant indicates that he has lost considerable time over t years as a result of his lung disability and he states on Pa
11
10.
Outside of the periods of
hospitalization each year would you
miss additional days of work due to
your lung condition A.
Well not
too much
0.
You would miss some
-- --
C
"fi 02 3
.
4 5 6 7 8 9 20 11
;
12 13 14 15 16 27 18
work A. Some I don't know how
much
Not too much
8.
Was there
some work you couldn't do because
of shortness of breath A.
Well
I've got so I can't hardly work
now
They fire
a job
I can't
me
do
every time
anything
I get Q. Have
there been any jobs that you have
actually had
haven't been
to quit
able to
because do it
you A.
going up in the air and that we
Yes do
a lot of work in the air
I can't
climb
Q.
When did you first have
.....
to actually quit a job because you
.....
felt you couldn't do it A.
Way
back in 1985.
I'd say back in 1965
Q.
Who were you working for then
A.
Western Asbestos
Q.
And what
was the nature of couldn't do A.
the work that It was on the
you towers
at Standard oil
you do the job
climb
That was
Q.
And why couldn't
A.
Because I couldn'^
Plant Asbestos instead
of Western
The Social Security records on file herein indic
that actually applicant was employed by Plant Asbestos during
-
the quarter ending December 3
1964
and as the application was
filed July 26
:
1965
;
clearly this disability predated the
filing of the application by more than one year
;
19
-
20
21 21
22
23
24
25 25
26
27
28
29
30
CONCLUSION
It
is
submitted
.
that
;
the medical
records
;
and
applicant's deposition indicate that he has had periods of disability from time to time since 1962 which is approximately
four years prior to the filing of his application The record
is clear that applicant has been aware that his lung problems
ware caused by his employment as an asbestos worker
As
applicant's deposition reflects he not only had personal
knowledge of the cause of his disability but was actually told
as carly as 1962 by a physician that his condition was related
to his employment
Therefore it seems clear that under the
FINE 111
a |
, FEARG
-
997
:
1 || Labor Code sections cited above
22 i the Statute of Limitations
applicant's
claim
is barred by
5
;
6
7
8
DATED
DATED DECEMBER 9 1968
g
Respectfully submitted
HARTFORD ACCIDENT & INDEMNITY COMPA
AETNA CASUALTY & SURETY COMPANY
By Their Attorneys SEDGWICK DETERT MORAN & ARNOLD
BY SA SA SASA Thfohm,asThomas
:
2
William R. Thomas
.
a
10 |
11 12
13 |
14 15 16
PARTIES
SERVED
HARTFORD ACCIDENT & INDEMNITY COMPANY
Oakland
AETNA CASUALTY & SURETY COMPANY Oakland
SHITH PARRISH PADUCK & CLANCY Attorneys at Law Oakland
PACIFIC EMPLOYERS ATTN NORMAN HAYS
INSURANCE COMPANY
San Francisco
CONTINENTAL CASUALTY
ATIN JOHN WILKES
San Francisco
17
BROBECK PHLEGER & HARRISON
Attorneys at Law San Francisco
ATTN RINALDO SCIARCHI JR
18
19 STATE COMPENSATION INSURANCE FUND Oakland
20
21 21 |
KIERNAN & MISCIAGNA Attorneys at Law San Francisco
HANNA & BROPHY Attorneys at Law
ATTN JAMES MCMILLAN
Oakland
22 23
ALEXANDER KEEMAN Attorney at Law San Francisco
24
26 27 28 23 30
'
Gr
BERGWGY DEBERT
MSDAG
Ror BONG
FIND s
a
i Cubist coreg Ficgon :
rr 2
HENRY C.
BEFORE
RECEIVED -
THE WORKMEN'S COMPENSATION APPEALS
RECEIVED
RECEIVED
RECEIVED
OF THE STATE OF CALIFORNIA
SEP 17 1969
PUETZ
CLAIM 66 OAK 20668
FILED
. Division af fodustrial Actident CAKLAND CHRICE CHRICE
Applicant
.
VS.
INSULATORS & ASBESTOS INDUSTRY
CALIFORNIA LOCAL 16 and STATE COMPENSATION INSURANCE FUND
OF
Defendants
,
POINTS AND AUTHORITIES REGARDING THE SERIOUS AND WILFUL MISCONDUCT OF THE EMPLOYEE
.-
. :
Section 4551 of the Labor Code of the State of
California sets out as follows
14
When injury is caused by the serious and wilful of the injured employee the compensation other-
wise recoverable therefore shall be reduced one
half except none
apply except
of
the
exceptions
here
The evidence in this case shows
the
through
depositio
of
the
applicant
C.
Henry
Puetz dated November 8
1968
the
following
eet
,
On Page 9 line 9
Q. When you were originally treated by Dr. Krantz di~
you ever have any discussion with him about your difficulty
|
A. You mean my lungs
Q. Right
:
A.
Yes he told me to get out of the business
He
said
its
|
harmful
to
my
health
Q.
business
Did you make any attempt to try and get out of the
,
one
|
A.
I just can't afford to
Q. of work was
When was the first time harmful to your health
he
told you that
:
this
sort
A referred to
Well
I don't know I'd say in
*
*
162
The busines
is asbestos worker as shown in the deposition Page
1 Exhibit B
misconduct
misconduct
misconduct
of
of
an
1
Imowledge
Imowledge
Imowledge
Imowledge
serious
serious serious
danger and or
danger danger
and and
2
that that that that that
end end
wilful wilful wilful wilful
misconduct
misconduct
misconduct
mmisconiduct sconductmisconduct
misconduct must be
the
8
approximate
approximaatpe proximate approximate approximate
or condition of
hic
hic
injury injiurynjury injury
injury injury
and
and
and
and
his his his
condition condition
conditioncondition .
Frazier Frazier Frazier Co.
vs.
I.A.G.
I.A.G.
I.A.G.
I.A.G.
his his
conditioconndition
condition condition
condition
condition
condition condition condition condition
condition
continued continued continued continued
s ommcsure
IInnttaannttee informed informed hit hit
to getget get
13
14 15
to
continue continue to to expose
continuousand
and and and
deliberate
deliberate deliberate deliberate
deliberate
exposure exposure
to
show
show
herein showshow
that thatthat that that
this
this this
this this
the
proximate proximate
proximate proximate
proximate
proximate
proximateproximate
proximate proximate
proximate proximate
cause
cause
21
23 24
consequences
consequences
consequences consequences consequences conscequencesonsequences
of of
being
being
being being
being
warned warned warned warned
applicant's
disregard for disregard disregard
disregard
disregard disregard disregard
his
~
own
Horst Horst
Horst
Company vs. Company
Company
Company
Company Company
vs. vs.
Respectfully
N N
30C
51 G
Parish
Parish Parish Parish Parish
Puduelt Puduelt Puduelt Puduelt Puduelt Puduelt
Puduelt
& &
Chancy Chancy
of
of of
service
service
service
continued continued continued
2
10 <
5 0
7
9
CHaelnirfy G. Sanford Esq 714 Hobart Bldg San Francisco
c - S. Norman Hays Esq 244 Pine Street San Francisco Calif Sedgwick Detert Moran & Arnold Attorneys at Law ill Pine Street San Francisco California
Kiernan & Misciagna Attorneys at Law San Francisco Calif
142 Sansome St.
Hanna & Brophy
Calif
Attorneys at Law
1540 San Pablo
Oakland
Esq Robert
Calif
C.
Taylor
233. Sansome Street San Francisco
J. Patrick
cWilliam
cWilliam R.
Calif
Goodwin Esq 41 Thomas Esq 220
Sutter Street San Francisco
Bush Street San Francisco
;
Francisco Brobeck Phleger & Harrison Attorneys at Law 111 Sutter ;
Street San
California
*
...'
...
15
16 7 A2 A2
HENRY
(
(
DEPARTMENT OF INDUSTRIAL RELATIONS
RECEIVED
DIVISION OF INDUSTRIAL ACCIDENTS
WORKMEN'S COMPENSATION APPEALS
.
STATE OF CALIFORNIA
FEB 26 1958
BOARDFILED BOARDFILED Division of industrial Aceld nb OAKLAND OFFICE
ANSWER of THE EMPLOYERS LIABILITY ASSURANCE CORP I
C.
PUETZ
INJURED EMPLOYEE
Case No. 66 OAK 20668
Route 2 Box 101 Oakley
.
Date of alleged injury 1945 through 19
CORRECT NAME OF EMPLOYER
.
CORP . LTDECT NAME OF INSURANCE CARRIER ;
ASSURANCE
1300
235
64th
St. Emeryville
. EMPLOYER'S ADDRESS
Calif
:
.
INSURANCECARRIER'S ADDRESS California California .
CERTIFICATE NUMBER IF INSURED
:
2
ANSWERING DEFENDANTS deny the allegations of the Application as indicated below with such
pressly set forth and admit all other material allegations
explanations as ex-
DENIALS MARK X IF ALLEGATION IS DENIZD
EXPLAIN BELOW
X____E_mployment
~~
Occupation x
Occupation
Occupation
Injury
IF DENTAL IS BASED ON DATE OR PART OF BOUY INJURED EXPLAIN FULLY
X_ In. surance coverage
Liability for self procured treatment
X
Liability for_future
medical treatment
_____M_edical costs
Admitted
for
Plant Asbestos Co.
during
years
CHECK IF EMPLOYER HAS BEEN NOTIFIED TO APPEAR AND DEFEND
1963 & 1964
Earnings
Periods of disability
X
Permanent
disability
IT IS FURTHER ALLEGED
GIVE LAST DAY WORKED AND CORRECT DATE OF RETURN TO WORK
Apportionment IP APORTIONMENT
APPORTIONMENT IS CLAIMED SO STATE
1. Defendants have paid disability indemnity in the total amount of None _ at the rate of $
beginning
_through_
_plus
2. Affirmative defenses and other matters S1t . atute of Limitations
2
Lack of Notice
a week C
cc
Smith Parrish Paduck & Clancy The Employers Liability Assurance
Corp.
Ltd.
PDreafcetnidceanitf sotdhoerniostsuweasidveevtehleopright to raise additional issues in accordance with the provisions of law and the Rules of
Estimated time for trial
All defendants medical reports have been
filed
Additional reports will be filed before trial
Dated San Francisco | California 2-23-682-23-68
CITY
BATED
INSURANCE
aos
trial
wanted
TEB
NO
DIA WCAB FORM 10 REV FORMERLY FORM 36
8.66