Document evRxgGLq7mdO2X81oO89yNB79
August 5, 197k
Mr* Lee R, Shealy, Claims Manager Liberty Mutual Insurance Company Westgate Plaza Building 20325 Center Ridge Read Cleveland, Ohio ijptA
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Bear Lees
Thank you for your letter of July 29, 197k and the report on the shore captioned claim*
Although it appears* from a strictly evidenciary position* that we have the upper hand# it has been our experience that such claims are often "settled" with the claimant benefiting from a lade of considera tion of the facts* For example* the testimony of two "lay witnessed* would appear to be of very little significance* They can only testify to the effect that there are dust and fumes in our paint factory* Such testimony should tiddly surprise anyone* Nevertheless, the claimant's attorney apparently believes he will gain something from such testimony.
In checking our files* we find no indication that any loss prevention
surveys were done at the Oakland factory which might document the rnmwmm to Which Redacted *as subject throughout his employment*
Dr, Coaentino's report of March 30* 1973 does indicate that x-rays disclosed "perihilar infiltrates" indicative of "somethin more than just congestive heart failure". Might there be some basis for a claim of an aggravated heart condition in this atatassMBt $y Rr. Gosentino?
Although 1 will agree that the overall tame of Ur, Cosentino's report
is favorable to us* 1 am inclined to hold judgment on our chances of
success for the time being, Very truly yours*
BBS SHERWIH-\mJLIAHS COMPANY
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Jack D, Kull, Jr,, Staff Assistant Corporate Insurance Department
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