Document dQvpyp4q29erwazvXVGOmyZ6

FILE NAME Manville JMA DATE 1966 DOC JMA143 DOCUMENT DESCRIPTION Contract Unit Claim File Kenneth Martin Frederick WORKERS COMPENSATION COMPENSATION APPEALS BOARD - CALIFORNIA INDUSTRIAL ACCIDAECNTCIDENT COMMISSION COMMISSION prior to 1966 APPLICANT __ KENNETH MARTIN FREDERICK deceased by CASE = = F 16482 Asbestos Insulation Installer spouse & son DATE CLAIM FILED Sept. 13 1966 INJURY ALLEGED Inhalation of asbestos particles to lung ALLEGED DATE OF INJURY 1960-66 extended as add'l employers are joine EMPLOYER OS Fiberglass Engineering et al including M Travelers OTHER NOTES No apparent Canadian insurer No clear cause & relation State of the medical art of injury to employment < discussion among AETNA doctors DATE OF RESOLUTION Nov. 2 1972 RESOLUTION Compromise & Release 13,500 settlement - DOCUMENTS COPIED 1 Miller 7/9/68 Med Rpt of Miller to State Comp Ins Fund 2 7/28/66 Med Rpt of Powell to AETNA . 3 7/26/66 Med Rpt of Lippett to AETNA 4 7/26/66 Med Rpt of Ford to AETNA 5 7/7/66 Med Rpt of Mau to AETNA 6 Compromise & Release # OF PAGE 1 2 3 2 1 4 , CLAIMANT Kenneth Frederick Frederick | Martin Frederick 10 California Workers Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. oAmerican Automobile Ins Co. oAmerican Employers Ins Co. oAmerican Motorists Ins Co. Argonaut Ins Co. OAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. oCasualty Ins Co. of California Employers Liability Assurance Corp.Ltd Employers Mutual Liability Ins Co. of Wisconsin | oFidelity& Casualty Co. of New York oFireman's Fund Ins Co. a oGeneral Accident Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co. : oGreat American Ins Co. < oHardware Mutual Casualty Co. Industrial Indemnity Co. Sentry Ins Co. oIndustrial Indemnity Exchange oInsurance Co. of North America oLiberty Mutual Ins Co. oLumberman's Mutual Casualty oMaryland Casualty Co. Co. oMichigan Mutual Liability Co. oMission Insurance Co. oNational Automobile & Casualty oNew Amsterdam Casualty Co. Ins Co. oOcean Accident & Guarantee Corp.Ltd oPacific Employers Ins Co. oPacific Indemnity Co. oReliance Ins Co. Standard Accident Ins oRoyal Indemnity ; Co. oSecurity Ins Co. of Hartford U.S. Casualty Ins Co. State Compensation Insurance Fund Transport Indemnity Co. The Travelers Ins Co. oThe United Pacific Ins Co. U.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. o00 5/81 mm 1 WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 MINNIE LOUISE FREDERICK and fF BRUCE FREDERICK 5 KENNETH MARTIN FREDERIDECCEAKSED Applicant om VS. 7 FIBERGLASS ENGINEERING & SUPPLY et al 8 CASE NO 66 F 16482 CERTIFICATION Defendant 10 11 I hereby certify that the attached documents are true . records 12 and correct copies of the original documents filed in the | 13 of this office in the entitled matter 14 ATTEST my hand and the Seal of the Workers Compensation 15 Appeals Board of the State of California 16 17 18 19 20 Workers Compensation Judge Workers Compensation Appeals Board 21 23 23 24 Dated at San Francisco 25 California this 23 26 of March 1981 day 27 DIA WCAD FORM 113 W TH MT GE DEPARTMENT OF INDUSTRIAL RELATIONS OF CCIDENTS sf GENERAL SURGERY THORACIC SURGERY VASCULAR SURGERY ~ C oo, > . ORLAND G. DAVIES JR M. JACK D. THORBURN M. PARKER POWELL M. 15 NORTH THESTA STREET FRESNO , CALIFORNIA 246-64461 Aetna Life & Casualty Sasualty & Surety Division Suite 800 Del Webb Center 2220 Tulare Street Fresno 21 California 1966 of lad ote teektente . fy July 28 REC St OCT 10196 101966 . FI FRESNO - Werkmen's Compeatenus Atten John S. Backer Claim Representative Re Kenneth M. Frederick deceased Our # 10141 Dear Mr. Backer You have requested information regarding the recently deceased patient Mr. Kenneth Frederick Mr. Frederick of Doctor Mau because pain radiating from a was first seen by me on July 6 1965 at the request of pain his right calf I felt that this represented herniated lumbar disc and referred the patient to Doctor Lippert who subsequently upon him with relief of his symptoms ! did not see the patient again until May 24 1966 when Doctor Mau again asked me to see the patient who was in the hospital at that time In addition to the pulmonary problems and fever which he had had the patient had developed right leg pain which was different than the pain he had previously had He stated that he had again become ill in March of 1966 with a pulmonary infec- tion and that subsequent to that he had felt weak and had lost his appetite The leg pain developed during the course of this illness and had been quite severe and required pain medication At the time of our examination there was no evidence of vascular di- sease or interabdominal mass which could explain the cause of the leg pain The evening following examination the patient stated that the leg pain ons, disappeared and we did not see him subsequently s but Consequently I have seen the patient on two occasions for have never done a complete pulmonary examination leg pain In answer to your question regarding the cause and effect relationship between his employment as a fiberglas worker and his carcinoma of the lungs I know of no proved relationship An opinion from one whose main experience has been in industrial medicine might well be more valuable Casualty *, 7. Aetna Life . Re Frederick Mr. ' Kenneth Kenneth M. Deceased Our # 10141 ~~ Page 2 July 28 1966 Also I do not ship this might know what the patient's play to his disease smoking habits were and what relation- I am afraid this has not been too enlightening a response but it is the best that I am able to give Yours truly PP ajt Parker Powell M.D. NEUROLOGICAL SURGERY - ( " . my C . JOHN W. PACE M. DAVID S. ZEALEAR D. ROBERT G. LIPPERT M. 2940 NORTH FRESNO STREET FRESNO 3. CALIFORNIA July 26 1966 BALDWIN 1.8 Aetna Casualty & Surety Co. Suite 800 Del Webb Center . Fresno 21 Calif . Attn John S. Backer Re Kenneth M. Frederick Emp Owens Corning Fiberglas ae Dear Sir < The above named Hospital on patient was 7-8-65 admitted to my service at St. Agnes at the request of Dr. Parker Powell Enclosed is a copy of my History & Examination dictated at that time Lumbar spine films on 7-8-65 showed some hypertrophic arthritic changes naArrocwheisntg obtained on this date Enclosed is a copy of of S1 with film was also these reports A pantopaque myelogram was revealed a defect at S1 port is also enclosed performed on 7-9-65 on the right A copy This study of this re- , A laminectomy was performed on 7-13-65 with extruded intervertebral disc at the removal of an right lumbosacral level on the Postoperatively the patient made an uneventful covery and was discharged home on 7-20-65 re- at that time was Final diagnosis right extruded asbestosis intervertebral disc lumbosacral The patient was seen in my office for several recheck exami- nfraotmions showing consistent improvement and was dismissed my care on 10-26-65 Mr. Frederick was next seen on 5-9-66 At this time he had been off work lated approximately one month with pneumonia to any particular activity he began to have Unre- the right calf and foot aching in This gradually became worse in- volving the thigh There was minimal low back left leg pain The pain and no and pain tended to be aggravated by walking standing Re Kenneth M. Frederick , Page 2 90 Examination on 5-9-66 revealed the patient to be quite ill- appearing and pale There was a full range of painless back motions There was no spasm or tenderness on palpation of the back musculature Straight leg raising is carried to 90 on the left without pain and on the right elevation to 90 caused slight discomfort The sciatic nerve on the right was quite tender on palpation The ankle jerk was absent on the right There was no hypesthesia Auscultation of the lungs suggested decreased air the right lung field with a suggestion of some dullennetsrsy o inverthe basal regions on the right The abdomen was negative Liver : and spleen were not palpable * It was felt the history and findings were quite suggestive of . an occult neoplasm Particularly the possibility of a retro- peritoneal neoplasm was raised The patient was referred back to Dr. Mau his referring physician Dr. Mau was contacted telephone and further investigation along these lines by recom- mended The patient was subsequently admitted to Fresno Com- Be: munity Hospital by Dr. Mau and extensively investigated by Dr. Mau and additionally by a medical consultant Dr. Woo Their studies failed to illustrate a neoplasm at that time I again examined the patient in hospital as did Dr. AdPdoiwteilolnally , without finding a definite cause for his problem A repeat myelogram was performed during that admission without revealing any pathology During this time the patient's pain receded and actually seemed to disappear over a matter of a day or two so that he was discharged - a diagnosis not having been established Subsequently I was advised by Dr. Mau that he was readmitted to the hospital a few weeks later and at that time a diagnosis of an oat cell carcinoma of the lungs established The patient was not seen by this examiner on this last admission COMMENT From the neurosurgical point of view this patient was originally treated for a lumbosacral disc extrusion - to which surgery he responded very satisfactorily Subsequently he , presented with findings leading to the diagnosis of occult retroperitoneal neoplasia which could not be definitely demonstrated despite extensive study in hospital On subsequent admission a neoplasm of the lung was finally demonstrated The patient did have findings as outlined related Insofar as a longstanding history of asbestosis with above which would of course b^' industrially the relation of his neoplasm to his asbestosis Re - es Kenneth = = = es M. Frederick we = ewe we ew Page 3 of is concerned my reading would indicate an incidence as high as 13 of carcinoma the lungs in patients with asbestosis This would I feel strongly suggest a direct relationship between the patient's tumor and his occupation Such an is somewhat far afield in my chosen specialty and oIpiwnoiuolnd hsuogwgeevsetr an opinion be obtained from an Internist or surgeons specializing in the treatment of pulmonary diseases Very truly yours RGL encls R. G. Lippert M. D. . BRUCE M.BERG.M.D. GEORGE WOLF M.D. OWEN K. STEINBADC.H MAX S. MILLAR.M.D MILLAR.M.D C 5 CENTRAL CALIFORNIA MEDICAL CENTER 3004 NORTH NORTH FRESNO STREET FRESNO CALIFORNIA 93703 TELEPHONE 229-8537 July 9 1968 INTERNAL MEDICINE Love State Compensation Insurance Fund I 1958 Post Office Box K | Fresno California ~ Re A - 17003 Kenneth M. a Frederick oo we ce le : Attention Maurice Nyberg Claims Adjuster Gentlemen .... With regard to your inquiry of June 21 1968 am not known relationship between exposure to fiberglass and daewvaerleopomfeannty of the type cancer leading to this man's death A period of continuous exposure to fiberglass alone without concomitant exposure to asbestos would not have contributed to this man's demise MSM wb M. S. Millar M. D. 7 MAURICE NYBERG JUL 11 1968 FRESNO D.O. ( { "- fi - . Joseph B. Ford Jr. M.D. THORACIC SURGERY 244 FRESNO STREET FRESNO CALIFORNIA - 266-7978 93721 . July 26 1966 BRONCHOSCOPY ESOPHAGOSCOPY John S. Backer Aetna Life and CasualtCasuyalty 2220 Tulare Street Fresno California Re Kenneth Frederick _ Owens Corning Fiberglas Dear Mr. Backer This is in reply to your letter of July 13 1966 requesting Information regarding Mr. Kenneth Frederick . I saw this patient in consultation on June 8 1966 at Fresno pital at the request of Dr. Allen Mau Community HosHe had been hospitalized for further investigation of his complaints of persistent and increasing cough in addition to progressive shortness of breath since an episode of pneumonia Chest rays had revealed consolidation in the in April 1966 there was right lower lobe posteriorly and side Therae prominent right hilar area in addition to pleuritis on the right were previous rays taken in April 1966 which showed the same changes except during the interim there had been essentially of fluid on the right side an apparent increase He had previously been hospitalized in for two weeks and at that time he was noted to have May 1966 to the pulmonary findings a large liver in addition At that time he was seen in consultation by Dr. Joseph woo and because he was complaining of pain in the right leg he was also seen in consultation by Dr. Lippert His past history revealed that he had had a laminectomy in July 1965 for a herniated disc Chest - July 1965 revealed nodular densities in both lower lung fields wrhaiy chswdearteed attributed to chronic asbestosis Physical examination revealed a fairly well developed and nourished 50 old white male who appeared 111. His respirations were year grunting His nail beds appeared dusky shallow rapid and There was no evidence of adenopathy The trachea was in the midline There was dullness to percussion over the lower half of the right chest posteriorly and the lower third anteri- orly with diminished breath sounds Rales were heard over both lower lobes The liver was considerably enlarged and tender to palpation It was my impression that the patient most likely had a bronchogenic carcinoma on the right side with metastases to the liver Bronchoscopy was recommended @ 2 = 26 Re Kenneth Frederick and was performed on June 9 1966. There in the right lower lobe bronchus appeared grossly to be tumor tissue and extending down the bronchus arising at the level of the superior segment were taken and the about one centimeter Several small biopsies pathological of bronchogenic origin diagnosis was small cell anaplastic carcinoma Mr. Frederick was not considered a candidate for of pleural the liver fluid and the fact that It was also felt that he most surgery because of the presence likely had extensive metastases to palliation irradiation would not result in any appreciable of bronchogenic carcinoma but recognize the Jutents and industrial possibility carcinogens may play some role present knowledge of bronchogenic carcinoma I would not related to his employment as a say fiberglas worker that other air pol- However from my that his disease was Sincerely yours JBF ms Joseph Ford Jr. M.D. oo . ( _ CE CE MAU 4 C. ALLEN M. 2535 NO FRESNO STREET FRESNO CALIFORNIA 93703 TELEPHONE 222-5270 July 7 1966 Mr. John S. Backer 2220 Tulare Suite 8000 Fresno California Re Mr. K. M. Frederick Dear Mr. Backer Mr. Kenneth Frederick's present illness started about he developed an apparent like illness which March 1966 when lobe pneumonitis over the subsequent month progressed to a right lower However following his from the pneumonia he continued to have complaints of recovery weakness malaise noon.fevers noon.fevers loss of weight appetite strength generalized lethargy and low grade after- Diagnostic studies were started during April 1966 and Mr. hospitalized from May 12-27 1966 at the Fresno Frederick was this period of hospitalization no Community Hospital During diagnosis was made altho a plasm was the primary consideration While in the suspected neo- by Joseph Woo M. D. Robert Lippert M. D. and hospital he was also seen Fresno California Parker Powell M. D. all of Following his discharge he continued to do to the Fresno poorly and he was readmitted Community Hospital on June 8 1966 and was seen in by Joseph Ford M. D. who subsequently performed a consultation plruoncgedure revealed a bronchogenic carcinoma of the ribgrhotnclhoowsecroplyobetheof lathteter At the present time Mr. Frederick is at home He is tomatically and there is probable spread of the being treated symp and possibly the brain It is doubtful if neoplasm to the pleura liver would offer any hope of recovery to Mr. Frer dea ridckiation or chemotherapy I am unable to state categorically that there is a cause and effect relationship between Mr. Frederick's work and his probably aware Mr. Frederick present illness As you are had has worked with asbesto for 20-25 years and Frederraidcikoghraasphailcsaollysmodkeemdonstrable asbestosis for the past few years has Mr. past 20-25 approximately 1 package of cigarettes daily for the years There are at present trends in medical would suggest a statistically higher incidence of literature which in persons with asbestosis lung cancer in smokers and Mr. 1966 Frederick was readmitted to the Fresno Community Hospital on . and expired on the morning of July S 1966 July 7 Yours truly Allen Mau M. D. | em new eee R^ MEN'SCOMPENSATION APPEALS DIVISION OF INDUSTRIAL ACCIDENTS DEPARTMENT OF INDUSTRIAL RELATIONS STATE OF CALIFORNIA BOARD COMPROMISE AND RELEASE Dependency Claim : Mr. Mrs. MINNIE LOUISE FREDERICK Miss KENNETH MARTIN FREDERICK SCIF NO A CASE 1614 F70018 36482 2 _ SOCISOCIAL AL SECURITYSECURITY NO 383-14-5703 ___ 2021 Glendon Los Angeles Calif --- VARIOUS _ EMPLOYERS ADDENDUM CORREST NAME OF EMPLOYER VARIOUS CARRIERS SEE ADDENDUM . NAME OF / NOWTE RECEIVED parties The parties hereto for the purpose of compromise compromise only agree as follows: NOWTE ond ACGRESS NOWTE FRESNO FILED * The named applicant claim that KENNETH MARTIN FREDERICK various placed in California NAME OF EMPLOYEE Compensation Workman's OFFICE . while employed employed at by_ Various Various employers from November 1936 July 8 1966 then insured as to workmen's compensation liability Various carriers COTATE NAME OF CARRIER OR WHETHER ^ NOURED sustained injury arising out of and in the course of such as employment follows Claims to have suffered lung damage resulting in death o RECEIVERECEDIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED 2. The death of said employee occurred on July 8 19_ 3. The actual weekly wages of the employee at the time of claimed injury were ( statutory were Maximum injury 66 as a result of the chimed saggy Maximum . WERE venge venge weeklywages 4. Payments of compensation to the employee employee in his lifetime on of the claimed injury were None __ - The applicant herein claim to have been dependent upon said employee at the time of claimed injury and state the ages relationship to and the extent of dependency upon said deceased employer to have been as follows names NAME ; Minnie Louise Frederick AGE Adult RELATIONSHIP Widow EXTENT OF DEPENDENCY Total - Bruce Frederick 20 Son Partial 6. The parties hereby agree to settle any and all claims of said dependent S. on of the claimed injury and the death of said employee by payment of the sum of 13,500.00 payable as follows to 500.00 to Bruce Frederick balatn o Mc inne ie Louise Frederickless 1,177.55 payable to Fresno Community Community less reasonable eessccaae attorney's 408.00 . payable to Dr. Allen Mau and less a . The parties hereby agree if such items of expense be claimed that medical , hospital hospital and burial expense required by reason of the alleged injury and the death of the employee shall be borne as follows . All by applicant V. DIA CAB FORM 16 PAGE 1 Banut SMO 44s BY EV 5.88 31859.80 9.84 99 DNOS DNOS 7 SE The name and of address applicant's attorney if FryeKr arr & Millett 1229 N Street | Fresno California 93721 who requests a fee of 1,350,00 , having been previously paid .. NONE 9. Reason for compromise Dispute exists as Dispute exists as to periods to whether or not injury or death COE of employment with various employers Dispute exists as to whether or not which if any period of employment contributed to the alleged injury or death 10. The undersigned request that this compromise agreement and release be approved 11. Upon approval of this compromise agreement as provided by law and in . of approval said applicants and each of them do bereby release and payment forever accordance with the provisions of said order company of and from all claims demands actions of discharge said employer and said insurance of injury and death sustained or causes action of every kind or nature whatsoever on account of or by reason the as aforesaid by the employee and in particular of any all and claim the undersigned heirs executors representatives or administrators may have had now every have shall or cause of action which employer said insurance carrier and each of them under Division IV of Labor or hereafter have against said Code of the State of California is I" t is agreed by all parties hereto that the filing of this document is the that it may be set for hearing as a regular application filing of an application on behalf of the applicant and reserving to the parties the right to put in issue any of the facts admitted herein and that if hearing held with this document used as an application the defendants shall have that were available as of the date of filing of this document and that it thereafter be available to them all defenses issued after a hearing has been held and the matter regularly admitted may approved disapproved or a decision , 13. 14 For the purpose of determining the lien claim filed herein for the unemployment compensation disabilitiy compensation benefits which have been paid under or pursuant to the California Unemployment Insurance pose the following division of the sum agreed upon for settlement and release of this case $ _for temporary disability covering the period None filed to, $ for accrued medical expense paid or incurred by the for employee for future medical care ; of Labor Code $ for permanent Provisions disability Section 5313 are waived and unemployment Code the parties pro- The above segregation must be fair and reasonable and must made to deprive the lien claimant of a reasonable recovery bconsistent e based on the real facts of the case There should be no attempt with all the amounts involved WITNESWS ITNESS tthhee signature signature hereohfereof this_daday of embaemba . emba 19 aLoy IE LLoyoyBeachBeach Beach Caly MUST BE ATTESTED DISINTERESTED THE APPLICANT'S SIGNATURE BY TWO DISINTERESTED PERSONS ACKNOWLEDGED BEFORE ^ NOTARY PUBLIC . BRUCE LOUISE FREDERICK FREDERICK FREDERICKApplicant Applicant FREDERICK Applicant FRYER KARR & MILLETT . : nate for STATE OF CALIFORNIA f Attorneys for Applicants See Addendum Page , for signatures $ of carriers _County of 5 Oy walLinesele County On this day of rata A.D. 1972 before ANNA M. COLLARD and MINNI~.. Notery Public in me for the said County and State residing therein duly commissioned and State MINNI~ MINNI~ LOUISE LOUISE FREDER residing i sworn personally appeared therein commissioned SEDERICK SEDERICK known to me to be the person whose name DHL. subscribed to the within Instrument and acknowledged to me that tube executed the same wistten winstteWnitness Whereof I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above IZ ere ay terres as DIA WCAL FORM 16 PAGE 2 FORMERLY FORM 431.B NEV 3.66 a ~ Lee Notary .. . Lon Coane and Notary Public in and for said County and State of California 31463-0039-41 31463-0039-41 35 '^ OSP Pe oe treated oe ADDENDUM INSURANCE CARRIER U. S. Fidelity and Guaranty Co. Transport Indemnity Co. Adjusting Agent for - Industrial Indemnity EMPLOYER CONTRIBUTION _ Thomas B. Douglas dba Douglas Insulation Co. $ 25.00 Lone Star Industries Successor to Pacific Cement & Aggregates Lorentzen Company $ 25.00 $ 200.00 Aetna Casualty and Surety Co. Owens Corning Fiberglass Corp. . $ 500.00 Argonaut Insurance Co. Travelers Insurance Co. State Compensation Insurance Fund Western Asbestos Co. Armstrong Contracting & Supply Corp. so Johns Mansville Corp. Armstrong Cork Co. Western Asbestos Co. See Page 2 of Addendum for signatures of various carriers $ 1,000.00 $ 1,000.00 10,750.00 > Neem eee. se ~~ ADDENDUM - K. M. Frederick Page 2 . Its PARK TRAVELERS INSURANCE CO