Document gBb9no5b3jBBGGQL7Gy012QJ

FILE NAME JT Thorpe & Sons JTT DATE 1954-1961 DOC JTT006 DOCUMENT DESCRIPTION WC Claim - Cuthbertson Part 1 JACK CUTHBERTSON \ \ VS. PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG CORK COMPANY MUNDENT CORK CORPORATION PLANT ASBESTOS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE AND SON and TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY STATE COMPENSATION INSURANCE FUND PACIFIC EMPLOYERS INSURANCE CO CALIFORNIA PENSATION INSURANCE CO an STANDARD ACCIDENT INSURANCE COMPANY JOSEPH SHEEHAN REFEREE San Francisco Sept. 7 1955 CLAIM NO 161-370 Inj 1944-1954 REPORT OF REFEREE Asbestos worker in the course of 26 claims injury to lung work harmful to chest and from breathing lungs substances FACTS IN CONTROVERSY AS TO STATE COMPENSATCOMPEINSATIONOCOMPN ENSATION INSURANCE FUND 1 2 3 40 5 b 7 30 9 10 11 12 13 Occupation Injury Medical Medical expense Earnings Temporary disability Notice and prejudice Statute of limitations Lien of Department of Employment Lien of Occidental Life Costs Estoppel Jurisdiction SUMMARY OF TESTIMONY Applicant testified substantially as follows While he worked at Western Asbestos in the letter of February 14 1955. week his rate of His hourly pay was as set rate was for a forth hour He first worked at Western as a helper He did work aboard the S. S. Lurline This work consisted of packing materials from the dock to the ship He worked as a helper for three and a half months The asbestos that he handled during this period of time was in closed cartons He worked mostly on the dock He worked for Western Asbestos on the Standard Oil job as a helper This job consisted of making cork insulation During the period 1947 to 1950 he handled various materials including asbestos rock wool fiber glass and asbestos paper His job was that of a helper and he would pass these materials to the mechanics Some- times the air in which he was working was dense Sometimes he would work in enclosed areas j He worked on the Standard Oil job for three and a half months On that job he had very little contact with the materials of asbestos rock wool He also worked on the Union Oil Company job and CUTHBERTSON -20 He worked for Mundet on a job at the Bethlehem yard This job required him to work mostly on the ships He also worked at 18 Landing While he was working at the Moss Landing job ne was t asbestos worker He was also known as a mechanic and he would apply the asbestos to pipes and boilers were dusty and he noticed that the inside On of this job his nose his was clothes also exty In 1953 he went to Dr. Thompson and Dr. Thompson Thompson in turn sent him to Dr. Crenshaw took rays Dr. Under Dr. Crenshaw he underwent surgery to obtain a diagnosis time he was having pains At that He stopped work on September 30 1953 and was off work because of the surgery The doctor found nothing wrong doctor told him to go back to work for and one the month He continued working until surgery on his chest Dr. October 19 1954 when he nad further Crenshaw performed this surgery surgery He to has his been off trade work ever since October 19 1954. do has not returned It was on condition October was due 22 1954 that to his work Dr. Crenshaw advised him that his The bill for the first the Occidental Life surgery was paid half by himself and half by The bill for the second surgery is to be paid nalf by him and half by the Occidental Life Dr. Crenshaw has sent him a bill but he left the bill home He worked from July earned 58 a week 15 1955 to August 14 1955. During this time he At one time in his card as such for a on the sea career period he of was an bodied seaman three years but he was not He held a three years On October 15 1954 Memorial Hospital he gave a work history when he was in the Herrick ; His work on the Lurline materials from the dock or four months was that of a to the ship helper He would He worked on this transfer the job for three On the Standard Oil job he would use rock wool and cork The Lurline job required him to mix he worked aboard ship His general wet and dry asbestos duties required him to Occasionally bring the materials aboard He was just a helper on the Standard Oil job He worked about six weeks with the rock wool During the last four and a half months he worked for Western he was a journeyman He does not know whether or not the ships at Bethlehem were new construction On these ships fiber glass was used He is a jarneyman asbestos worker The job at the ship yard rush job and it was very dusty in the shop at the ship yard was a This job Piet. hme . CUTHBERTSON 3- required him to work lo hours a but he had no other complaints day He was tired after this job When he On this worked job he for Mundet Cork the job was at the Alameda used the tools of an asbestos worker He ship yard asbestos and cork but it was mostly cork worked in The materials ship required eight hours a were applied applied to the ship Wilson and working on this him to work in a dusty place For Mundet Cork he worked day The job at the Moss Landing was an outside job He worked in open air but it was very dusty There was the He had no difficulty complaints regarding no control of the wind while working at Moss Landing He had no his chest when he left western Asbestos After his first surgery he continued under the care of Dr. Crenshaw f Dro.llCorwesnshaw called by the applicant testified substantially as Stated his qualifications The applicant has been under his care since September 22 1953 Surgery was performed the second time October 18 1954 The doctor is of the opinion that the reasonable - from this surgery would be four or five period of convalescence applicant could return to light work months and thereafter the period The doctor is of the opinion that the reasonable from this surgery is six months after the period of convalescence surgery The doctor is of the opinion at the present time and that that the applicant is 20 percent disabled the applicant's condition will get worse The applicant needs medical observation medical treatment but he does not need any The applicant could go to work now but the aplicant is working in asbestos work or doing heavy labor work enjoined from The doctor when asked the doctor is of the opinion the applicant suffers from whether or not the applicant also asbestosis suffered from and answered yes and no , silicosis It was only after the second operation that the that his condition was connected with his work doctor told the applicant Years which of exposure to harmful the applicant suffers substances can cause the condition from On September 22 1953 pleural effusion His Following this surgery condition the applicant was complaining of a right side condition was diagnosed as non specific thoracis the doctor ruled at the serious causes of the The fibrosis did not show in the rays It was just prior to or subsequent to the second surgery that he notified the applicant of his opinion that the it was roughly a condition was due to the week after the second applicant's work Possibly surgery that the doctor so advised the applicant CUTHBERTSON 1337 The doctor does not believe that the applicant could return to work of a seaman The doctor believes that a seaman's work requires heavy exertion That the applicant can not the applicant could do hard work and he do general work except that must work in a place that is free from harmful dust It is reasonable to expect that the applicant's capacity to work in the future will be less than it is now In the opinion of the doctor the fibrosis that is present will continue to increase The the doctor came to the conclusion that the work was responsible for condition because he found substances of elements used in the work in the lung There is bility a possibility that the fiber glass may have caused the disa- The present factors of breath and weakness disability in the applicant are shortness of xetSes Continued to be reset on the first available calendar *** 1 oan ae tera Ft 2 AE ee es TO mtaatlt Mine . q ParsJ ~ CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN REFEREE Oakland 2/17/55 Injury 1944 ba 1954 REPORT OF REFEREE ON ORIGINAL HEARING to lungs Asbestos worker date of birth not alleged from breathing substances in course of work chest and lungs claims injury harmful to ISSUES AS TO INDUSTRIAL INDEMNITY COMPANY . . 40 . . . . 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO TRAVELERS INSURANCE COMPANY 1. . . 404040 . 9 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO STATE COMPENSATION INSURANCE FUND R R " "4. 4. 5. 7 9. 10 11. 12 13 Employment Occupation Injury Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs Insurance SUMMARY OF TESTIMONY . APPLICANT testified substantially as follows He was born May 4 1928 He is handed . He is an asbestos worker In 1949 he worked for Westerm Asbestos He went to work sometime before April 1949 as a helper His job months was to pack asbestos Sometimes he worked onto a ship He worked two or three below the decks and in the engine room Siege ae geeopeyy= gene nepeein S : n mp so OR a 2 a ~ - porte . te CUTHBERTSON 2/17/17 -2- His . His work required him to pack earnings were about 46.00 a week and Claim No. 161-870 mix dry asbestos On the Standard Oil job he helped with the supplies He used rock wool and hot tar on this job He worked in an enclosed area There were 20 to 30 men working and the ventilation was poor He worked with asbestos blocks He worked for Armstrong in 1950 and stopped work in 1953 He started working for Western Asbestos in 1949 and worked about two years He worked for Plant in 1950. He worked for Western Asbestos Asbestos about nine months in 1940 and 1950. beginning He worked 1951 Plant 1951 Asbestos for one week He worked for Armstrong Cork in EAE IK ant were It not appeared to this referee before the Commission at continued to be reset that this the proper parties defendtime and the matter was Notice was given to counsel for the applicant that in the event that a proper amended application was not on file within a reasonable time the application filed herein would be ordered dis- missed without prejudice It appeared that the testimony of the applicant should be stricken from the record inasmuch as the proper parties defendant were not before the Commission at this time and the testimony was ordered stricken from the record The matter was continued to be reset on the first avail- able calendar in the event that a proper amended application was on we file herein JS JOSEPH SHEEHAN Referee bet Stef cg od ta Lath te Titers + tis aicrmerreditte oa 5 ng ae . ~ ny vie on sO . to As f fi * 2 Ne ee ree crate ke nce: Tad top etSih ng we tt es e ata = .i . 1 yg oe CUTHBERTSON 2/21/56 -5- Claim No. 161-870 The doctor is of the opinion that the applicant first became afflicted with asbestosis in 1953 when the applicant experienced the pain The onset of the clinical disease occurred in 1953 share all The the doctor believes each employment should bear an equal way through Continued exposure increases asbestosis ROLAND E. MASTERS stantially as follows called by the defendant testified sub- the He is the office manager of Marine Department of J. T. Thorpe the and San Francisco Sons office and of In 1948 and 1949 the company was using asbestos products which included block insulations both hot and cold temperatures pipe coverings and asbestos in some of certain cements He enumerated the the products he used During those content of years most of the work was outside work and was new construction In 1948 conditions at the and job 1949 he sites received no complaints regarding dusty A helper would usually mix the materials used at the job another One of the samples contained of the samples contained 15 to 15 20 per per cent cent asbestos and asbestos CARL O. JUST tially as follows called by the defendant testified substan- He is a supervisor at Plant Asbestos and has been such for six years He knows the applicant and knows the employment of the applicant at the plant The employment consisted of work mostly on new construction tilation any job No request on the job was He ever made of him for any change in the venreceived no complaints regarding dust on . ALLAN HOLDEN tially as follows called by the applicant testified substan- He is employed by the Occidental Life Insurance Company and the Occidental Life in the sum of 591.87 Insurance Company have filed a lien herein The following bills make up this item Bill of Dr. Thompson 10-9-53 for 30.00 bill of Dr. Crenshaw of 10-9-53 for 220.00 bill of of 33.25 of which the lien the Blood Bank of claimant has paid 10-16-53 in 24.75 the the sum bill of the Herrick Hospital in the sum of 361.07 dated 10-23-53 of which the lien claimant has paid 292.12 the bill of the Peralta Hospital for laboratory examination in the sum of 20.00 dated 10-30-53 The lien claimant has paid hospitalization and medical benefits under their accident and sickness policy They have also paid 15.00 a week for 47-1 April 5 1955 to 9-14-55 and weeks This sum was paid beginning the witness corrected this period to be 10-20-54 to 9-14-55 pensation The policy benefits does not cover reimbursement of workmen's com- APPLICANT recalled testified substantially as follows He was born May 4 1928 hired for In 1953 while he was in the hospital special nurses were eight shifts at 18.00 each and 64.00 was paid by him to the nurses oe _ September vege Herrick In Hospital In 1954 he incurred the bill of 12.50 at the January 1955 there was a charge of 15.00 for a tests laboratory and ray On Febru Fea brr uay ry 20 1954 there for which he was billed the sum of were laboratory 37.50 *** *** *** CUTHBERTSON 2/21/56 -6- Claim No. 161-870 DISPOSITION The matter was ordered submitted at the end of 10 days and the case to remain open for said 10 days to permit the filing of the copies of the medical reports of the Department of Employment together with the hospital record of Herrick Hospital and further medical reports from the applicant the parties were requested to submit briefs on all of the issues within 20 days JS JOSEPH SHEEHAN Referee ee yoann 1 20 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 BEFORE | THE OF INDUSTRIAL ACCIDENT COMMISSION THE STATE OF CALIFORNIA --0-- JACK CUTHBERTSON VS. Applicant ; ) an CLAIM NO 161-870 WESTERN ASBESTOS COMPANY PLANT ASBESTOS COMPANY ARMSTRONG CORK COMPANY J. T. THORPE & SONS STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY COMPANY TRAVELERS INSURANCE COMPANY > STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY Defendants FINDINGS AND AWARD ce o ret r er and all and the i ne eee ret tee tact art nat et weal want! wat! ana saat? rat vont sett aa ait watt wave ost Application for Hearing having been filed herein parties having appeared or having been duly notified matter having been regularly heard before Referee Joseph Sheehan and submitted for decision said Referee now makes his Findings and Award as follows 26 27 N EN EN 31 32 FINDINGS OF FACT 1. Jack Cuthbertson born May 4 1928 while em- Company ployed as an asbestos worker by Western Asbestos , Plant Asbestos Company Armstrong Cork Company J. T. Thorpe & Sons during periods of employment stipulated to by each of the several defendant employers herein contracted an H N 4 6 7 9 10 11 11 12 12 13 13 14 14 15 16 16 1718 19 22 2020 23 24 25 2526 27 28 29 29 30 30 3232 occupational disease to wit a form of pneumoconiosis namely asbestosis 2. The date on which said employee first suffered disability from said occupational disease and either knew or in the exercise of reasonable diligence should have known that said disability was caused by his present or prior em- ployment was October 23 1954 worker 3. | The occupation of the applicant was asbestos 4. At the time of said injury the weekly earnings of the employee were maximum 5. Employee has incurred expenses for diagnostic treatment beginning October 17 1954 and thereafter and said treatment was reasonably required to cure or relieve the effects of said disease A supplemental award for the amount of such expenses will be made upon the service and filing of a supplemental petition are unable to adjust such expense in to the event the parties their mutual satisfac- tion 6. Employee is ment reasonably required in to need cure of or further relieve medical treathim from the effects of said disease beginning 7. Said October disease caused temporary total disability 17 1954 to and including July 14 1955 8. Employee's condition is not yet permanent 9. Statutory notice was given by the employee to Plant Asbestos Company None of the defendants herein on whom liability is imposed have been prejudiced by the al- leged lack of notice 10. The filing of the Application was timely has paid 11. Department of Employment State of California to the employee unemployment compensation disability ln. eaet 1 benefits in the sum of 970.00 during the period of disa- 22 bility found herein 12. Occidental Life Insurance Company paid no sum M 4 of money for medical treatment reasonably required to cure 5 or relieve from the effects of the injury found herein 6 13. Employee has incurred costs in the sum of 7 8 9 10 11 23 13 14 15 16 70.00 14. The determination of apportionment or contri- bution among the 15. It several defendant carriers is deferred is not true that employee is estopped to assert the claim made herein 16. The Commission does have jurisdiction of the subject matter of said claim and of each of the defendants SIESe: upon whom any liability is imposed herein 17. Employee's attorneys Smith & Parrish have rendered services to the employee in the reasonable value 17 18 of 300.00 18. Cork Insulation Company is not a necessary or 19 20 21 22 proper party 19. Plant Rubber & Asbestos Works is not a neces- sary or proper party 20. Mundet Cork Corporation is not a necessary or 23 proper party 24 AWARD 25 26 2727 28 29 33 33 32 AWARD IS MADE in favor of Jack Cuthbertson against State Compensation Insurance Fund Pacific Employers Insur- ance Company Standard Accident Insurance Company Travelers BLTVISATE: Insurance Company and Industrial Indemnity Company of reim- treatment ST bursement for the reasonable value of medical = ob- Et October 17 1954 to and tained by the employee on and after ic= including July 14 1955 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Em- ployers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of temporary total disability indemnity in the sum of 35.00 a week beginning October 17 1954 to and in- cluding July 14 1955 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Em- ployers Insurance Company , Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemfor the reasonable value of nity Company of reimbursement costs incurred by said employee in the sum of 70.00 sald costs being payable as follows 35.00 to Dr. A. R. Thomp- son and 35.00 AWARD to Dr. Gerald L. Crenshaw IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Em- ployers Insurance Company , Standard Accident Insurance Company Travelers Insurance Company and Industrial Indem- medical treatment reasonably required nity Company of further to cure or relieve him from the effects of said disease IT IS ORDERED that employee's attorneys Smith & allowed a first lien in the Parrish be and they hereby are sum of 300.00 against any compensation unpaid and payable herein IT IS FURTHER ORDERED that Department of Employ- ment State second lien of in California be and the sum of 970.00 it hereby is allowed a against any compensation unpaid and payable herein IT IS FURTHER ORDERED ; Department of Employment for an that the request of the in additional lien the sum of 179.71 be and it hereby is denied -4- 1 IT IS FURTHER ORDERED that Cork Insulation Company 2 # be and it hereby is dismissed 3i IT IS FURTHER ORDERED that Mundet Cork Corporation 4 be and it hereby is dismissed 5 IT IS FURTHER ORDERED that Plant Rubber & Asbestos 6 ... 8 9 10 Works be and it hereby is dismissed IT IS FURTHER ORDERED that jurisdiction be and it hereby is reserved to determine apportionment or equitable subrogation on petition properly filed IT IS FURTHER ORDERED that this Award shall bear 11 12 13 interest pursuant to the provisions of Section 5800 of the Labor Code 14 15 > 27 27 JOSEPH SHEEHAN REFEREE INDUSTRIAL ACCIDENT COMMISSION 18 } 19 22 21 22 23 24 25 26 27 28 23 30 JUN 1 1956FILED AND COPY MAILED TO if JA Department of Employment PO PO Box 1857 Oakland 4 Occidental Life Insurance Co. 583 Market St. S.F. 4 E Jack Cuthbertson 2284 Holbrook Drive Concord Smith & Parrish 1616 Financial Center Bldg Oakland 12 Leonard Hanna & Brophy 100 Bush St. S.F. 4 Mullen & Filippi 315 Montgomery St. S.F. Travelers Insurance Company Latham Square Bldg Oakland i Industrial Indemnity Company 350 Sansome St. S.F. 4 # State Compensation Insurance Fund 450 McAllister St. S.F. 1 i Pacific Employers Insurance Company 3770 Piedmont Oakland # Standard Accident Insurance Company / Leonard Hanna & Brophy 100 Bush St. S.F. Plant Rubber and Asbestos Works 5309 Horton St. Emeryville # Armstrong Cork Company 1355 Market St. S.F. i Mundet Cork Corporation 440 Brannan St. S.F. Plant Asbestos Company 5309 Horton St. Emeryville i Western Asbestos Company 675 Townsend St. S.F. 3 T. Thorpe & Sons Emeryville 31 32 -5- - ee ee CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN MAY 14 1956 REFEREE See REPORT a ee REPORT Injury 1944 - 1954 DECISION DECIDS ECISII ON ON DECISION to lungs Alleged asbestos worker born May 4 1928 claims Injury of work or to from breathing substances in course chest and lungs The proper names of the defendants have been shortened shortened in this report as follows Western Asbestos Company State Compensation Insurance Plant Asbestos Company Industrial Indemnity Company Fund Western Western ~ Bund ,, Plani x Industric 8704 Armstrong Armstrong Armstrong Cork Company Travelers Insurance Company Company Standard Accident Company Occidental Life Insurance Co. State of California Department of Employment Pacific Employers Insurance Co. J. T. Thorpe & Sons ~ Travelers we StandarStad ndard Mut Occidental ~ Department P US 1.oxpe 1 Mendet Mundet Cork Corporation wo Cark Cork Insulation Company Plant Rubber & Asbestos Works Past Rubbere it is alleged that applicaapplbicab was om- In the application ployed by Mundet as follows 1948 - in February March mately 4 months 4 April and May approx approx applicant in this matter No appearance was Mundet never appeared made The Letter of made for it No proof of proper service filed in answer to was a subpoena of the he used Commis- Commisstrictly Mundet sion of 2-16-56 was During the time applicant ) worked for Mundet Applicant's counsel has assured cork Testimony of not going to proceed against Mundet Commission that we are 46 Mundet should be the Cork Insulation Transcript p Cork or dismissed forthwith Rule 10775 and 10782 with Cork is alleged to have been Employment San Francisco Cal 1949 - Cork Insulation Co. 2 months February to April approximately Rule herein Applicant's counsel has Cork made no appearance of proper service His assurances transcript of Cork Cork should be submitted no proof request for dismissal 46 constitute a request and 10782 p dismissed forthwith 10775 The Application filed March 8 1955 alleges Plant Rubber & Asbestos Works Original employment Calif 1944 - February 26th to June S 1a2nthFraapnpcriosxciomately 3-1 months on this defendant Apparently purported service Plant Rubber & Asbestos Works 5309 Morton Street Emeryville Calif was made at hoa... . CUTHBERTSON Claim No. 161-870 Pos -2- 2-20-56 SUMMARY OF TESTIMONY tion HERBERT E. Insurance Fund SIMONS called by the defendant State testified substantially as follows Compensa- He is employed as Safety and Transportation Supervisor at the Western Asbestos The record at the plant shows that the appli- cant worked at the plant from April 1947 to July 1950 The applicant handled asbestos and other materials used at the plant A list of ingredients of the products used is contained in the insulation list He prepared this list from the samples sub- mitted to him by the manufacturers The same material was used in 1947 and 1948 follows JACK CUTHBERTSON recalled testified substantially as He worked for J. T. Thorpe and Son beginning in August 1948 to 1949. It was outside work on a power house He applied blocks to the boiler It was quite dusty and windy The asbestos boiler was located in the open He did not become ill on this job He was a mechanic or insulator on this job All of the men on the job were using the same insulation material The first application would be dry and the It was dry would be wet Magnesium blocks were handled second application about 85 per cent of the time He handled dry asbestos blocks about blocks contained magnesium 80 per cent of the time The and asbestos 15 magnesium per cent After handling the magnesium material was 85 per cent blocks he would apply a wet coating This coating handled like plaster He also worked for J. T. Thorpe in 1953 that is from September 1 1953 to October 23 1953. Beginning September 28 1953 Just prior he was off work for a month while he was in the hospital to going to the hospital he was working for Armstrong Cork and Son handled On further questioning he said he worked for J. T. from May 9 1952 to June 2 1952. During this time asbestos covering and various asbestos products Thorpe he open air While he was working at Hunters Point the boiler You could see particles of asbestos dust was in the and him No notice was given to Pacific Employers or to J. T. Thorpe Son Neither of them have made any promises of compensation to and neither of them have made any payments of compensation He went to the hospital in September 1953 following the of Dr. Crenshaw Two weeks prior to going to the hospital directions he'd been under Dr. Crenshaw's care Dr. Crenshaw did not tell him has continued to give him what was wrong with he him first Dr. Crenshaw saw Dr. Crenshaw Dr. Crenshaw could not look- treatment When tell him what was wrong and he believes that the doctors were hos- ing for cancer at that time He remained for two weeks in the pital He first learned about his condition about six days after October 6 1954. He knew about the theory of asbestos becoming first learned about this theory seven or lodged in the lungs He took the trade eight years ago when he first up He had no cough before the first operation He had led him to see severe another pains behind his left shoulder and these been called by the pains draft He was in the Mer- doctor He has never chant Marine in 1944 to 1946 He was in asbestos work that time They did not make any was in the service prior ray to 1944 He was a examination of him helper at while he \ CUTHBERTSON Claim No. 161-870 -3- 2/20/56 He drew the maximum amount of benefits from the State off work because of These benefits covered all of the time he was from the State and 15.00 from Occi- his disability He drew 35.00 off The two payments together being dental for each week he was the entire period he was off 450.00 work a week were paid to him during He returned to work on September 18 1955 that Travelers Insurance Company had It was stipulated Cork from January 1 1952 until the present coverage for Armstrong Accident had coverage for the period begin- time and that Standard December 31 1951 It was likewise stipu- ning January 1 1949 to Cork for different periods lated the applicant worked for Armstrong in September 1949. totaling approximately 191 weeks beginning He worked for that is from board and hot September tar Armstrong Cork for about to October In this job two weeks in he used only 1949 cork He worked for Armstrong Cork from September 6 1950 to 4 an insulating mechanic He used asbestos pipe cover- 1954. He was forms of asbestos rock wool and cork ing asbestos blocks various in hundred pound sacks board on the job The dry asbestos came asbestos 85 per cent of It was the job of a helper to mix this dry The asbestos the time the applicant mixed his own dry asbestos and there was blocks were installed on boilers He had no helper heavy dust on the job He has worked in the asbestos trade for a period of about eight years and during this he time has worked did not use the for six or seven same materials compaWhile nies On all these jobs he worked for Mundet he used strictly cork which have been introduced were similar to those Samples He used the same type of that he used while Plant working for Armstrong Asbestos J. T. Thorpe and for Western He is a used the same material for union man and most of the jobs are the same They On all materials on the jobs It is asbestos or asbestos products On some of the jobs the ventilation these jobs he had windy days On others the dust just hung in the air The dust was was poor All through the different jobs the same exposure worse on windy days occurred Some of the Armstrong jobs were all cork jobs dust time the materials used and the amount of Generally speaking produced was the same for all his employers He was hospitalized in Septembeorf A 1r 9m5s3traonndg prSitoarndt ao rdthoart he made no request for compensation Travelers time he has still complaints regarding pains At the present tiredness in the arms After a day's work he has to go him sharp pains at in the chest to bed after dinner The scars in his chest give in cold weather than times The adhesions around the scars for him hurt more to go up ladders He is still of warm weather It is an effort He feels better than he did at the time going to Dr. Crenshaw the last hearing It is an exhausted feeling At night he has a tired feeling in the after- It is hard for him to keep his average up while working - noon work from work 1955 he went to work for a foundry and this On July 15 1955 He worked at this required him to shovel sand all day long he was off off July 15 1955 to August 14 1955 18 1955 He gave and thereafter this work up on August 14 until Septhe embdeird not continue doing the work because job After August 14 1955 he listed himself as available for work after about two weeks As insurance employer's regards Plant Asbestos coverage it coverage was stipulated that the from October 1 1017 1017 b + e CUTHBERTSON 2/20/56 -44- Claim No. 161-870 It was stipulated that the Industrial Indemnity Company had coverage for Plant Asbestos for the period beginning July 18 1954 to October 17 1954 and it was also stipulated that applicant worked at the plant during that period While working insulations He worked were made from asbestos for Plant Asbestos he used heat and frost as a mechanic applying these products which products From July 1954 to October 1954 he jobs He handled asbestos products during this mix the products themselves It was dusty It they were mixing did mostly little time They had to was very dusty while The job at Mare Island during this time they had to work in a trench and the material was on top of the trench The wind would blow the material at him On October 17 1954 he stopped work because he was wheezing and subsequently he went to surgery week that The first notice he gave to Plant and a half after leaving the hospital he had to notify his employer Asbestos was about His attorney told a him nity tion or to Plant Asbestos any of him them have or Pacific Employers or Industrial Indemmade no promises or payments of compensa- He has received payments of disability benefits during the for entire period he was the maximum amount off He drew disability from He received no benefits after the State leaving the job he work work had at He did the not foundry The majority of all his receive benefits for all the time work was new he lost from *** *** February A recess 21 1956 was taken in this matter until 9:00 A.M. *** *** tomorrow February The matter came 21 at 9:00 A.M. on regularly for further hearing on SUMMARY OF TESTIMONY fied SIDNEY J. SHIPMAN M.D. substantially as follows called by the defendants testi- 1955 He saw the applicant on one occasion that is on June 15 His diagnosis was asbestosis or pneumoconiosis asbestosis This results from an exposure to asbestosis caused dust by As to the degree of disability seen in June 15 However 1955 he said that his chest was an examination at U. C. Hospital normal showed saturation of the blood was slightly low the applicant on to examination that the oxygen the say The doctor believes that the applicant is able to present time the condition He cannot give a will become worse probable prognosis or better or remain He the work at cannot same tor The applicant should have a periodical check by the docThe applicant is able to resume normal activity absorbed The oxygen saturation test showed that the oxygen was not by the blood like the oxygen should be absorbed There is - q CUIHBERTSON -2- Claim No. 101-670 No showing has been made that the address of this de fendant is at Emeryville Jurisdiction over this defondral is not shown by the record Plant Rubber ' Asbestos Work should be dismissed Rule 10775 and 9745 Applicant hot clecto^ not to proceed against this defendant proceed teen One or more of the other Cerennt issues herein These issues are bevo van ot 1. 2. 2. 3. 3. 4. 5. 6. 7. 7. 8. 9.9. 10. 11. 12. 13. 14. 15. 16. 17. Jurisdiction Employment Employment Occupation Injury Insurance Medical Medical expense farnings farnings farnings Permanent Temporary Notice and Statute of Department Occidental prejudice Limitations of Employment Ilea Life Insurance do Costs Apportionment Estoppel I.on Fund has Only Fund in raised the ice of ]. advised that this bone 8 te I bo wa Ges wa el rop wa The issue is the same as notlee and proje og. Soe kee does not require the impossible of an opillernt exists for finding estoppel on the parleens ao tends in cui parleens parleens parlens parleens pocord pocord Industrial has put in dso sad place place place place It has disposed of these issues by staple In view of the stipulations no findings on these issues ove mee . unle 10744 pation pation cupation Industrial and Fund have pub The answer of the Fund admits of asbestos worker in ne earings maxim wyes cnd and the occuoc- While working for Industrial's assured Plant on October 17 1954 applicant received maximum earnings stipulated and his occupation was asbestos worker stipulated a week Fund's assured Western paid applicant wages of 100.00 Applicant's testimony as the The entire occupation of record compels the applicant the and finding maximum of asbestos earnings worker . Fund Thorpe Plant and PE as to themselves question the the jurisdiction defense that of the Commission By its answer Fund relies on maritime injuries are beyond the jurisdiction of the Commission The evidence fails to support the position taken by these four defendants on this issue In holding that the Com- mission does have jurisdiction uniformity of the maritime law is not disturbed . Work done by this employee was not or maritimo import since the transaction was of local concern and not prejudicial to uniform application of admiralty law CUTHBERTSON -4- Claim No. 161-870 consists The request filed of two parts 4-22-55 is for 1,149.71 This amount 1 35 a week from 10-18-54 thru 4-17-55 4-17-55 4-17-55 4-17-55 910 plus 60 Hospital benefits and 2 115.71 a week from 115.71 plus 64 9-28-53 8 days thru 10-24-53 ~hospital benefits A lien for 970 should be allowed to the Department the Department's request for the additional 179.71 should be nied No recovery can be had for this additional on the being properly payable to the employee vader the uncmplement surance code and desame in- Applicant's counsel contends ha imbursement and payment of medical expeine 3-5-56 He argues that Simien case 21 000 he be is onbitled to o Lobter of die. th 10 2. controlling treatment Beginning which was October 17 1964 applicant successful and led to the asbestosis It follows he is entitled to able expense as was necessary to enable dants doctors to properly diagnose the cause obloaned dienos dienos diagnostic of and the reasondofou The evidence as to the exact amount of the expe^-o123 vague and indefinite This referee is unable to the true total Applicant'e counsel sent to the speculate Common Common exhibits attached to his letter of February 29 1986. Luce hibits were never properly introduced as evidence Transcript page 86 determination A determination of the exact amount of medical expense will be made upon the service and filing of a proper petition in the event the parties are unable to adjust this among themselves The evidence allows and standard praebice permits only a general finding 70.00 Applicant hou Exhibit 2 reasonably incurred costs in the sum of re3n0d0e.r0e0d properly As reflected by this record applicant's attorneys services to the employee in the reasonable value of have Apportionment or contribution of a defendant carrier is the subject matter of a supplemental petition OF FINDINFGACST 1. Jack Cuthbertson born May 4 1928 while employed as an asbestos worker by Western Plant Armstrong Thorpe during periods of employment stipulated to by each of the several dant employers herein contracted an occupational disease defento wit a form of pneumoconiosis namely asbestosis 2. The date upon which said employee first suffered dis- ability from said occupational disease and either knew or in exercise of reasonable diligence should have known that said the dis- ability was caused by his present or prior employment was October 23 1954 3. The occupation of the applicant was 7 asbestos asbestos asbestos worker . sey ery CUTHBERTSON ... Claim No. 151-070 employee 4. At the time were maximum of said injury the weeklwy eekly earnings of treatment treatment 5. Employee has incurred expenses for diagnoutle beginning October 17 1954 and thereafter and bald was reasonably required to cure or relieve the effects of sald disease A supplementel ward for the ent of such expenses will be made upon the service and filing of a supplemental petition in the event the parties are unable to adjust such expense to their mutual satisfaction 6. Employee is in reasonably required reasonably said disease to cure need of further or relieve from medical brentuent the effect brentuent of beginning October 7. SeldSeSelldd October October disease disease caused temporary botal 17 , 1954 to and including 8. Employee's condition is not et pom Plant imposed 9. None have Statutory notice was given by the omylo to of the defendants herein on wil wil itr te been prejudiced by the alleged laa laa laa 10. The filing of the Application ua. . 11. Department has paid to employ o poivre poivre 3CX1pensation disability benefits in the pop ec SM Cowes te period of disability found herein 12. Occidental paid no sum ment reasonably required to cure or injury found herein herein of mon L relieve I ! 2016- 2016- Lut 01 01 01 13. Employee has incurred couts in the tom o2 870.00 among 14. The determination of apportionment or the several defendant carriers is deferred contibution contibution 15. It is not true that employee is estopped to assert the claim made herein 16. The Commission does have | ject matter of said claim and of each whom any liability is imposed herein jurisdiction of the sub- of the defendants upon 17. As reflected have rendered services to 300.00 by this record employee in the employee's reasonable attorneys value of 18. Cork is not a necessary or proper party 19. 20. Plant Rubber is Mundet is not a not a necessary or proper party necessary or proper party CONCLUSIOFON LASW Employee is entitled to a joint and several award against Fund PE Standard Travelers Industrial of The reasonable value of medical treatment obtained obtained by the employee on and after October 17 1954 to and including July 14 1955 and 10 CUTHBERTSON -6- Claim No. 161-870 Temporary total disability indemnity at maximum rate beginning October 17 1954 to and including July 14 1955 and 35.00 Costs in the to Dr. Thompson sum and of 70.00 said sum being payable 35.00 to Dr. Crenshaw and or Further medical treatment relieve from the effects of said reasonably disease required , to cure Employee's attorneys are entitled to a first lien in the sum of 300.00 Department of 970.00 Request should be denied is entitled to a second lien of Department for additional in the sum lien of 179.71 Cork Mundet Plant Rubber should be dismissed or Jurisdiction is reserved to determine apportionment equitable subrogation on petition properly filed JS ja JOSEPH SHEEHAN Referee 3 Injury a 4 Insurance 5 Medical expense 6 Medical 8 Earnings Temporary disability Notice prejudice Notice Mailed From San FranciOsffcicoe fo Industrial Accident Commiccion State of Californ 2 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA --0-- JACK , CUTHBERTSON vs. Applicant ) 1 CLAIM NO 161-870 } WESTERN ASBESTOS COMPANY PLANT ASBESTOS COMPANY ARMSTRONG CORK COMPANY J. T. THORPE & SONS STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY COMPANY } ) , TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY ) COMPANY and PACIFIC EMPLOYERS INSURANCE ) , Defendants ) ORDER DENYING PETITIONS FOR RECONSIDERATION ! eee tee er a ae al a a wt a at OE NR ) eae eat weet conet etter tome! tae lena net er GOOD CAUSE APPEARING THEREFOR IT IS HEREBY ORDERED that applicant's Reconsideration filed herein June 29 1956 be Petition for and it hereby is denied IT IS FURTHER ORDERED that Pacific Employers In- surance Company's Petition for Reconsideration filed herein July 2 1956 be and it hereby is denied INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA a nn F.A.Lawrence F.A.Lawrence = ee a a ee en tae tN a Ne Ne a oF ea ee ee ee ee Commissioners JACK CURBCE URBERTR SON CT URS BEROTSN ON July 26 1956 V WESTERN ASPECTOS COMPAN COMPAN PLANT ALBUSTUC ARMSTRONG COFF COMPANY. COMPANY COMPANY J. T THORPE & CON oD S POE FUND INDUSTRIAINDL USTRIAL INDSEN SY COMPANY PRAVELER PRAVS ELERS IN ANG COMPANY STANDARS D TANDARD ACCERACT CERT INSURANCE COMPANY COMPANY anu PIPIC PIPIC EMPLOYERS INSURANCE INSURANCE Cos ANY Claim No. 261-970 OSPORT OF Reo OSPORT wecerte OSPORTnos FANEL aurea ONE The record sustains June 11. 1956 the Findings and Ad f The Petitions be denied for Reconsideration should therefore INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence John J.Synon - ect we eran T k Commissioners Commissioners Commissioners Commissioners TR ane a ee 13 CUTHBERTSON Claim No. JOSEPH SHEEHAN JULY 10 1956 Referee 161-870 Injury 1944 - 1954 REPORT OF ON PETITIONS FOR cone Due July REFEREE RECONSIDERATION 1956. This is the claim of claims injury to lungs from an asbestos worker 26 who of work harmful to chest and bl ru eantghsing substances in course seventeen One or more issues of the defendants have raised herein said findings are contained in herein June 11 1956 the Findings and Award filed Reconsideration On June 29 1956 the Petition for employee filed herein his acted in excess of its and alleged that the Commission the findings of fact powers and the the evidence does not justify findings of fact do not support The employee objects to the suffered disability on October finding that he first is entitled to temporary 23 1954 and he contends he mately one month in disability 1953 together indemnity for approxi- treatment procured by him in the with the expense of medical year 1953 One of the Insurance defendants to wit Company has filed Pacific Employers sideration This carrier herein its Petition for Recon- as an Answer to the wants the petition to be applicant's petition and also considered - as a Peti- The carrier's petition is liability for temporary disability directed to the imposition of indemnity and medical 32 32 pesrns ses Storse" tae ent ane weet eet tae ane vat nae a tard oe tteeee caer eee ae rte emelt Commissioners $ JACK CUTHBERTSON July 25. 1956 V. WESTERN ASBESTOS COMFAN COMFAN . PLANT ASBESTOS COMPANY ARMSTRONG COBE COMPANY J. T THORPE & COMPANY COMPANY COMPANY SI TE COMPENSATION INSURANCE FUND INDUSTRIAL INDEAN TY COMPANY. TRAVELERS ISSUANCE ISSUANCE COMPANY STANDARD ACCIDENACCIT DENT COMPANT INSURANCE EMPLOYERS COMPANTand CIPIC INSU ANGE COM ANY Claim No. 161-870 FAON F FAE NEL L ONE The record sustains June 11 1956 the Findings and Award Filed The Petitions be denied for Reconsideration should therefore INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence John J.Synon k Commissioners ems LE ZI CUTHBERTSON Claim No. 161-870 JOSEPH SHEEHAN JULY 10 1956 Referee Injury 1944 - 1954 REPORT OF ON PETITIONS FOR _____ Due July REFEREE RECONSIDERATION 29 1956. This is the claim of an asbestos worker 26 who claims injury to lungs from breathing substances in course of work harmful to chest and lungs seventeen One or more issues of the defendants have raised herein Findings were made on all issues presented and said findings are contained in the Findings and Award filed herein June 11 1956 On June 29 1956 the employee filed herein his Petition for Reconsideration and alleged that the Commission acted in excess of its powers the evidence does not justify the findings of fact and the findings of fact do not support the award The employee objects to the finding that he first suffered disability on October 23 1954 and he contends he is entitled to temporary disability indemnity for approximately one month in 1953 together with the expense of medical treatment procured by him in the year 1953 One of the defendants to wit Pacific Employers Insurance Company has filed herein its Petition for Recon- sideration This carrier wants the petition to be considered - as an Answer to the applicant's petition and also as a Peti- tion for Reconsideration The carrier's petition is directed to the imposition liability for temporary disability indemnity and medical expense prior to October 23 1954 and subsequent to October 17 1954. The carrier contends there was no obligation to the employee prior to the date of injury which was found to be October 23 1954 of The employee entered the hospital on October 17 1954 and left the hospital on October 23 1954. It was during this period of hospitalization that the diagnostic treatment was successful and resulted in the diagnosis of asbestosis In 1953 the employee consulted his own doctor who hospitalized him for diagnostic treatment in the same year This diagnostic treatment was not successful and failed to furnish any basis for a diagnosis The carrier contends that no liability may be imposed upon it prior to the time that the employee had disability and either knew or in the exercise of reason- able diligence should caused by his work have known that the disability was be This denied and Referee recommends that also that the carrier's applicant's petition be petition denied Applicant relies upon the Simien case Simien vs I.A.C. 21 CCC 10 as authority for the imposition of liability on the defendants herein for the diagnostic treat- ment which was unsuccessful The holding in the Simien case is not authority for imposing any liability on a carrier for medical treatment which has been unsuccessful Simien re- ceived medical treatment which successfully relieved and cured from the effects of the injury In the instant case the diagnostic treatment secured by by the the employee employee in at 1953 was unsuccessful and it was obtained his peril It would be unreasonable to assess liability dants herein for this treatment against any of the defen- The successful diagnostic treatment which was secured by the employee 7 days before he was informed of the work connection of his disability has reasonably resulted in an obligation of the defendants herein The carrier has also urged other points such as dismissal of unnecessary parties and lack of examination of some employments not herein specifically involved It is not true that the defendants or any of them . have been denied an opportunity to examine the appli- _ cant in any particular Furthermore this particular carrier may file a proper petition for contribution or subrogation just as soon as it pays more than its just share of the award herein ; Submitted herewith is appropriate applicant's Petition for Reconsideration order denying ing the Also submitted herewith is appropriate order Pacific Employers Insurance Company's Petition Reconsideration denyfor JS Ja ~ JOSEPH SHEEHAN Referee JACK CUTHBERTSON CUTHBERTSON \; \. ~ VSo PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG ARMSTRONG CORK COMPANY MUNDENT CORK CORPORATION PLANT ASBESTOS COMPANY WESTERN ASBESTOS COMPANY T. THORPE AND SON and TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY INDEMNIITNDEMYNITY COMPANY STATE COMPENSATION INSURANCE FUND PACIFIC EMPLOYERS INSURANCE CO CALIFORNIA PENSATION INSURANCE CO and STANDARD ACCIDENT INSURANCE COMPANY JOSEPH SHEEHAN REFEREE San Francisco Sept. 7 1955 CLAIM NO 161-870 Inj 1944-1954 REPORT OF REFEREE Asbestos worker in the course of 26. claims injury to lung work harmful to chest and from breathing lungs substances FACTS IN CONTROVERSY AS TO STATE COMPENSATION INSURANCE INSURANCE FUND 1 2 3 4 5 0 7 3 9. 10 11 12 13 Occupation Injury Medical Medical expense Earnings Temporary disability Notice and prejudice Statute of limitations Lien of Department of Employment Lien of Occidental Life Costs Estoppel Jurisdiction SUMMARY OF TESTIMONY Applicant testified substantially as follows While he worked at western Asbestos in the letter of February 14 1955. week his rate of His hourly pay was as set rate was for a forth hour He first worked at Western as a helper He did work aboard the S. S. Lurline This work consisted of packing materials from the dock to the ship He worked as a helper for three and a half months The asbestos that he handled during this period of time was in closed cartons He worked mostly on the dock He worked for Western Asbestos on the Standard Oil job as a helper This job consisted of making cork insulation During the period 1947 to 1950 he handled various materials including asbestos rock wool fiber glass and asbestos paper His job was that of a helper and he would pass these materials to the mechanics Some- times the air in which he was working was dense Sometimes he would work in enclosed areas He worked on the Standard oil job for three and a half months On that job ne had very little contact with the materials of asbestos rock wool He also worked on the Union Oil Company job and , | tes CUTHBERTSON CUTHBERTSON CUTHBERTSON -2- He worked for Mundet on a job at the Bethlehem yard This job required him to work mostly on the ships He also worked at 1988 Landing While he was working at the Moss Landing job no way !! asbestos w rker He was also known as a mechanic and he would apply the asbestos to pipes and boilers were dusty and he noticed that the inside On of this job his nose his was clotnss also dusty In 1953 he went to Dr. Thompson and Dr. Thompson Thompson in turn sent him to Dr. Crenshaw took rays Dr. Under Dr. Crenshaw he underwent surgery to obtain a diagnosis time he was having pains At that He stopped work on September 30 1953 and was off work because of the surgery The doctor found nothing wrong doctor told him to o back to work for and one the month He continued working until surgery on his enest Dr. October 19 1954 when he naa further Crenshaw performed this surgery surgery He to has his been off trade work ever since October 19 1954. He has not returned It was on condition October was due 22 1954 that to his work Dr. Crenshaw advised him that nis The the bill for the first Occidental Life surgery was paid half by himself and half by The bill for the second surgery is to be paid nalf by him and half by the Occidental Life Dr. Crenshaw has sent him a bill but he left the bill home He worked from July earned 58 a week 15 1955 to August 14 1955. During this time he At one time in his card as such for a on the sea career period he of was an bodied seaman three years but he was not He held a three years On October 15 1954 Memorial Hospital he gave a work history when he was in the Herrick His work on the Lurline materials from the dock or four months was that of a to the ship helper He would He worked on this transfer the job for three On the Standard Oil job he would use rock wool and cork The Lurline job required him to mix wet and dry asbestos Occasionally he worked aboard ship His general duties required him to bring the materials aboard He was just a helper on the Standard Oil job He worked about six weeks with the rock wool During the last four and a half months he worked for Western he was a journeyman He does not know whether or not the ships at Bethlehem were new construction On these ships fiber glass was used He is a jarneyman asbestos worker The job at the ship yard rush job and it was very dusty in the shop at the ship yard was a This job 7s eo aX imee ms__ ta e_ M 4. amg X___ vo . . . Ad MA 7 = ee aye 7 Ye ak a Ae , NR ne CUTHBERTSON -30 required him to work lo hours a but he had no other complaints day He was tired after this job When he On this worked job he for Mundet Cork the job was at the Alameda ship yard used the tools of an asbestos worker He worked in asbestos and cork but it was mostly cork The materials ship required eight hours a were applied applied to the ship Wilson and working on this him to work in dusty place For Mundet Cork he worked day The job at the Moss Landing was an outside job He worked in the open air but it was very dusty There was no control of the wind He had no difficulty complaints regarding while working at Moss Landing his chest when he left western He had no Asbestos After his first surgery he continued under the care of Dr. Crenshaw Dr. Crenshaw follows called by the applicant testified substantially as Stated his qualifications The applicant has been under his care since September 22 1953 Surgery was performed the second time October 18 1954 The doctor is of the opinion that the reasonable period of convalescence - from this surgery would be four or five months and thereafter the applicant could return to light work The doctor is of the from this surgery is opinion that the six months after reasonable period the surgery .. of convalescence The doctor is of the opinion at the present time and that that the applicant is 20 percent disabled the applicant's condition will get worse The applicant needs medical observation medical treatment but he does not need any The applicant could go to work now but the applicant is enjoined from working in asbestos work or doing heavy labor work The doctor when asked the doctor is of the opinion the applicant suffers from asbestosis and whether or not the applicant also suffered from silicosis , answered yes and no It was only after the second operation that the that his condition was connected with his work doctor told the applicant Years which of exposure to harmful the applicant suffers substances can cause the condition from On September 22 1953 pleural effusion His Following this surgery condition the applicant was complaining of a fight side condition was diagnosed as non specific thoracis the doctor ruled at the serious causes of the The fibrosis did not show in the rays It was just prior to or subsequent to the second surgery that he notified the applicant of his opinion that the condition was due to the applicant's work Possibly it was roughly a week after the second surgery that the doctor so advised the applicant 19 19 on CUTHBERTSON -4- The doctor does not believe that the applicant could return to work of a seaman The doctor believes that a seaman's work requires heavy exertion That the applicant can not the applicant could do hard work and he do general work except that must work in a place that is free from harmful dust It is reasonable to expect that the applicant's capacity to work in the future will be less than it is now In the opinion of the doctor the fibrosis that is present will continue to increase The the doctor came to the conclusion that the work was responsible for condition because he found substances of elements used in the work in the lung There is bility a possibility that the fiber glass may have caused the disa- The present factors of breath and weakness disability in the applicant are shortness of *** Continued to be reset on the first available calendar *** ~ yo fi CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN REFEREE Oakland 2/17/55 Injury 1944 - 1954 REPORT OF REFEREE ON ORIGINAL HEARING Asbestos worker date of birth not alleged to lungs from breathing substances in course of work chest and lungs claims injury harmful to ISSUES AS TO INDUSTRIAL INDEMNITY COMPANY Rao Rao Rao 40 5 6 7 8 9 10 11. 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO TRAVELERS INSURANCE COMPANY 1 2 . . . . . 9 10 11 12 13 Employment Occupation Injury Insurance Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs ISSUES AS TO STATE COMPENSATION INSURANCE FUND 1 2 3. 34. . . 8. 9. 10 11 12 13 Employment Occupation Injury Medical expense Medical Earnings Temporary disability Notice and prejudice Statute of Limitations Lien of Department of Employment Lien of Occidental Life Costs Insurance SUMMARY OF TESTIMONY APPLICANT testified substantially as follows He was born May 4 1928 He is handed He is an asbestos worker In 1949 he worked for Westerm Asbestos He went to work sometime before April 1949 as a helper His job months was to pack asbestos Sometimes he worked onto a ship He worked two or three below the decks and in the engine room etm ee . RR ae Ka ee er ae Em LT . Nk 7 a . CUTHBERTSON 2/17/07 -2- . His work required him to pack His earnings were about 46.00 a week and Claim No. 161-870 mix dry asbestos On the Standard Oil job he helped with the supplies He used rock wool and hot tar on this job He worked in an enclosed area There were 20 to 30 men working and the ventilation was poor He worked with asbestos blocks He He worked for Armstrong in 1950 and stopped work started working for Western Asbestos in 1949 and worked in 1953 about two years He worked for Plant in 1950. He worked for Western Asbestos Asbestos about nine months in 1940 and 1950. beginning He worked Plant Asbestos for one week He worked for Armstrong Cork in *** ant were It not appeared to this referee before the Commission at continued to be reset that this the proper parties defend- time and the matter was Notice was given to counsel for the applicant that in the event that a proper amended application was not on file within a reasonable time the application filed herein would be ordered dis- missed without prejudice It appeared that the testimony of the applicant should be stricken from the record inasmuch as the proper parties defendant were not before the Commission at this time and the testimony was ordered stricken from the record able file The calendar herein matter in the was continued to be reset on the first event that a proper amended application avail- was on JS JOSEPH SHEEHAN Referee CUTHBERTSON 2/21/56 -5- Claim No. 161-870 The doctor is of the opinion that the applicant first became afflicted with asbestosis in 1953 when the applicant experienced the pain The onset of the clinical disease occurred in 1953 share all The the doctor believes each employment should bear an equal way through Continued exposure increases asbestosis ROLAND E. MASTERS stantially as follows called by the defendant testified sub- the He is the office manager of Marine Department of J. T. Thorpe the and San Francisco Sons office and of In 1948 and 1949 the company was using asbestos products which included block insulations both hot and cold temperatures pipe coverings and asbestos in some of certain cements He enumerated the the products he used During those content of years most of the work was outside work and was new construction In 1948 and 1949 he received no complaints regarding dusty conditions at the job sites A helper would usually mix the materials used at the job another One of the samples contained of the samples contained 15 to 15 20 per per cent cent asbestos and asbestos tially as CARL O. JUST follows called by the defendant testified substan- He is a supervisor at Plant Asbestos and has been such for six years He knows the applicant and knows the employment of the applicant at the plant The employment consisted of work mostly on new construction tilation any job No request on the job was He ever made of him for any change in the venreceived no complaints regarding dust on . ALLAN HOLDEN tially as follows called by the applicant testified substan- He is employed by the Occidental Life Insurance Company and the Occidental Life Insurance Company have filed a lien herein in the sum of 591.87 The following bills make up this item Bill of Dr. Thompson 10-9-53 for 30.00 bill of Dr. Crenshaw of 10-9-53 for 220.00 bill of the Blood Bank of 10-16-53 in the sum of 33.25 of which the lien claimant has paid 24.75 the bill of the Herrick Hospital in the sum of 361.07 dated 10-23-53 of which the lien claimant has paid 292.12 the bill of the Peralta Hospital for laboratory examination in the sum of 20.00 dated 10-30-53 The lien claimant has paid hospitalization and medical benefits under their accident paid 15.00 a week for 47-1 April 5 1955 to 9-14-55 and and sickness policy They have also weeks This sum was paid beginning the witness corrected this period to be 10-20-54 to 9-14-55 pensation The policy benefits does not cover reimbursement of workmen's com- APPLICANT recalled testified substantially as follows He was born May 4 1928 hired for In 1953 while he was in the hospital special nurses were eight shifts at 8.00 each and 64.00 was paid by him to the nurses In September 1954 he incurred the bill of 12.50 at the Herrick Hospital In January 1955 there was a charge of 15.00 for a laboratory FebOr nu Fea brr uay ry 20 1954 there were laboratory tests and ray for which he was billed the sum of 37.50 **** **** CUTHBERTSON 2/21/56 06- Claim No. 161-870 DISPOSITION The matter was ordered submitted at the end of 10 days and the case to remain open for said 10 days to permit the filing of the copies of the medical reports of the Department of Employment together with the hospital record of Herrick Hospital and further medical reports from the applicant the parties were requested to submit briefs on all of the issues within 20 days JS JOSEPH SHEEHAN Referee BO wy _ e or" . + OQ Pyke c tuak tuak P'de s 2 3 q 5 6 7 8 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION 9 OF THE STATE OF CALIFORNIA 12 10 --0-- 213 213 12 13 14 14 15 15 16 16 17 17 18 18 22 2 20 JACK CUTHBERTSON ) Applicant } vs. ) | WESTERN ASBESTOS COMPANY PLANT ) ASBESTOS COMPANY ARMSTRONG CORK COMPANY J. T. THORPE & SONS ) STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY COMPANY ) TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY 1 and PACIFIC EMPLOYERS INSURANCE COMPANY , ) Defendants 1 CLAIM NO 161-870 FINDINGS AND AWARD 22 2 22 22 22 22 2727 2728 29 29 30 Application for Hearing having been filed herein and all parties having appeared or having been duly notified # and the matter having been regularly heard before Referee Joseph Sheehan and submitted for decision said Referee now i makes his Findings and Award as follows FINDINGS OF FACT 1. Jack Cuthbertson born May 4 1928 while employed as an asbestos worker by Western Asbestos Company Plant Asbestos Company Armstrong Cork Company J. T. Thorpe & Sons during periods of employment stipulated to by each 32 of the several defendant employers herein contracted an te * a te pMhee firmed 2 4 5 6 9 10 11 11 12 13 13 14 14 15 16 16 17 17 18 18 19 2020 21 2122 23 23 24 2625 27 27 28 23 2323 32 3232 occupational disease to wit a form of pneumoconiosis namely asbestosis 2. The date on which said employee first suffered disability from said occupational disease and either knew or in the exercise of reasonable diligence should have known that said disability was caused by his present or prior em- ployment was October 23 1954 3. The occupation of the applicant was asbestos worker 4. At the time of said injury the weekly earnings of the employee were maximum 5. Employee has incurred expenses for diagnostic treatment beginning October 17 1954 and thereafter and said treatment was reasonably required to cure or relieve the effects of said disease A supplemental award for the amount of such expenses will be made upon the service and filing of a supplemental petition in the event the parties are unable to adjust such expense to their mutual satisfac- tion 6. Employee is in need of further medical treatment reasonably required to cure or relieve him from the effects of said disease 7. Said disease caused temporary total disability beginning October 17 1954 to and including July 14 1955 8. Employee's condition is not yet permanent 9. Statutory notice was given by the employee to Plant Asbestos Company None of the defendants herein on whom liability is imposed have been prejudiced by the al- leged lack of notice 10. The filing of the Application was timely 11. Department of Employment State of California has paid to the employee unemployment compensation disability 1 benefits in the sum of 970.00 during the period of disa- 2 bility found herein 3 12. Occidental Life Insurance Company paid no sum of money for medical treatment reasonably required to cure 4 or relieve from the effects of the injury found herein 6 13. Employee has incurred costs in the sum of 7 70.00 14. The determination of apportionment or contri- bution among the several defendant carriers is deferred 10 15. It is not true that employee is estopped to 11 212 assert the claim made herein 16. The Commission does have jurisdiction of the 329 329 subject matter of said claim and of each of the defendants Sasnt e 329 329 ae upon whom any liability is imposed herein eso 329 329 Ta 17. Employee's attorneys Smith & Parrish have ate 16 16 rendered services to the employee in the reasonable value ar MST 17 17 of 300.00 RATT 18 18 18. Cork Insulation Company is not a necessary or ere 19 19 ; proper party 20 2221 19. Plant Rubber & Asbestos Works is not a necessary or proper party 22 22 20. Mundet Cork Corporation is not a necessary or 23 2324 25 25 26 26 27 28 2 33 proper party AWARD AWARD IS MADE in favor of Jack Cuthbertson against State Compensation Insurance Fund Pacific Employers Insur- ance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of reim- bursement STATI tained by PEI SVITE including for the the reasonable value of medical treatment employee on and after October 17 1954 to July 14 1955 oband 3 * 1 v 3 4 10 22 22 13 13 14 1515 16 16 17 17 18 18 19 19 22 2 22 22 24 2 2526 2828 29 30 3132 AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Employers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of temporary total disability indemnity in the sum of 35.00 a week beginning October 17 1954 to and in- cluding July 14 1955 son AWARD IS FURTHER MADE in favor of Jack Cuthbert- against State Compensation Insurance Fund Pacific Em- ployers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indem- nity Company of reimbursement for the reasonable value of costs incurred by said employee in the sum of 70.00 said costs being payable as follows 35.00 to Dr. A. R. Thomp- son and 35.00 to Dr. Gerald L. Crenshaw AWARD IS FURTHER MADE in favor of Jack Cuthbert- son against State Compensation Insurance Fund Pacific Employers Insurance Company Standard Accident Insurance Company Travelers Insurance Company and Industrial Indemnity Company of further medical treatment reasonably required to cure or relieve him from the effects of said disease IT IS ORDERED that employee's attorneys Smith & Parrish be and they hereby are allowed a first lien in the sum of 300.00 against any compensation unpaid and payable herein IT IS FURTHER ORDERED that Department of Employ- ment State of California be and it hereby is allowed a second lien in the sum of 970.00 against any compensation unpaid and payable herein IS FURTHER ORDERED that the request of the Department of Employment for an additional lien in the sum of 179.71 be and it hereby is denied -4- A IT IS FURTHER ORDERED that Cork Insulation Company 3 eFt 6 9 10 10 be and it hereby is dismissed IT IS FURTHER ORDERED that Mundet Cork Corporation be and it hereby is dismissed IT IS FURTHER ORDERED that Plant Rubber & Asbestos Works be and it hereby is dismissed IT IS FURTHER ORDERED that jurisdiction be and it hereby is reserved to determine apportionment or equitable subrogation on petition properly filed IT IS FURTHER ORDERED that this Award shall bear 11 11 12 1313 14 222222222 2 2 22222222 22222222 22222222 22222222 interest pursuant to the provisions of Section 5800 of the Labor Code JOSEPH SHEEHAN REFEREE INDUSTRIAL ACCIDENT COMMISSION 22222222 22222222 wee 22222222 22222222 Be cry 22222222 22222222 JUN 11 1956 FILED AND COPY MAILED TO JA ~ 22222222 22222222 22222222 22222222 ~ 2524 25 26 2627 28 2333 2333 2333 # Department of Employment PO PO Box 1857 Oakland 4 Occidental Life Insurance Co. 583 Market St. S.F. 4 Jack Cuthbertson 2284 Holbrook Drive Concord Smith & Parrish 1616 Financial Center Bldg Oakland 12 Leonard Hanna & Brophy 100 Bush St. S.F. 4 Mullen & Filippi 315 Montgomery St. S.F. Travelers Insurance Company Latham Square Bldg Oakland Industrial Indemnity Company 350 Sansome St. S.F. 4 ? State Compensation Insurance Fund 450 McAllister St. S.F. 1 Pacific Employers Insurance Company 3770 Piedmont Ave Oakland Standard Accident Insurance Company / Leonard Hanna & Brophy 100 Bush St. S.F. Plant Rubber and Asbestos Works 5309 Horton St. Emeryville 1355 Armstrong Cork Company Mundet Cork Corporation Market St. S.F. 440 Brannan St. S.F. Plant Asbestos Company 5309 Horton St. Emeryville Western Asbestos Company 675 Townsend St. S.F. 3 J. T. Thorpe & Sons Emeryville 23 233 CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN MAY 14 1956 REFEREE + at mee eT eee Injury 1944 - 1954 DECISION oad Alleged asbestos worker born May 4 1928 claim injto ury to lungs from breathing substances in course of work bor us chest and lungs in this The proper names of report as follows the defendants have been ad ad Western Asbestos Company State Compensation Insurance Fund Plant Asbestos Company Industrial Indemnity Company Armstrong Cork Company Travelers Insurance Company Standard Accident Company Company Occidental Life Insurance Co. State of California Department Department of Employment Pacific Employers Insurance Co. J. T. Thorpe & Sons Mundet Cork Corporation Cork Insulation Company Plant Rubber & Asbestos Works 10 -~ ~ ~ ~ Wester Fund Plant Industrial esbrou esbrou Traveler Standard Occidental Occidental ~ Departna e. , TO Zhoupe el i det fi fi fl fi fifi fl C 1 fober In the application it is alleged they norlic is omployed by Mundet as follows 1948 - in February March mately 4 months 4 April and May app Mundet never appeared in this matter No appearence was made for it No proof of proper service Mundet of 2-16-56 was filed in answer to was made a subpoena The letter of of the Commis-Comm-is-- sion During the time applicant worked for Hundet he used strictly cork Testimony of applicant Applicant's counsel has assured the Commission that we are not going to proceed against Mundet Cork or Cork Insulation Transcript p 46 Mundet should be dismissed forthwith Rule 10775 and 10782 Employment with Cork is alleged to have been Cork Insulation Co. San Francisco Cal 1949 - February to April approximately 2 months Cork made no appearance herein Applicant's counsel has request submitted no proof of proper service His assurances transcript p 46 constitute a request for dismissal of Cork Cork should be dismissed forthwith 10775 and 10782 The Application filed March 8 1955 alleges Original employment San Francisco Calif Plant Rubber & Asbestos Works 1944 - February 26th to June 12th approximately 3-1 months Apparently purported service on this defendant who made at Plant Rubber & Asbestos Works Emeryville Calif 6309 Horton Street CUTHBERTSON -2- Claim No. 161-670 9745. No showing has been made that the sddress of this de fendant is at Emeryville Jurisdiction over this defendent is not shown by the record Plant Rubber -) Asbestos bor Bould be dismissed Rule 10775 and 9745. Applicant be. leve leve not to proceso inst inst this defendant teen One or more of the other devent issues herein These issues aro hove van od von- von- 1. 1. Jurisdiction Employment Employment 3. Occupation Injury Insurance 6. 6. Medical expense 7. Medical 8. Farmingo 9. 10. 11. 12. 13. 14. 15. 16. 17. Permanent Temporary Notice and Statute or Department Occidental prejudice Limitation of Employment e Life Insurance co Costs Apportionment Estoppel 1.on Fund has advised that this igne Pee The issue is the same as notlee and p require the impossible of en op Murni exists for finding estoppel estoppel on the pre Poke da ne OR vere My! ta aft Q bike de doc N otaees Fe not not HD Cb boat oe 1 Industrial has put in.c. in.c. in.c. It has disposed of these issue by stipulations no findings on these pinov isc 2012 2012 10744 in.c. in.c. in view 2012 ele pation pation cupation Industrial and Fund have but The answer of the Fund admits of asbestos worker ineens ineens ineens maximum wages and and the occuoc- While working for Industrial's assured Plant on October 17 1954 applicant received maximum earnings stipulated and his occupation was asbestos worker stipulated a week Fund's assured Western paid applicant wages of 100.00 Applicant's testimony as the The entire occupation of record compels the applicant the and finding maximum of asbestos earnings worker . Fund Thorpe Plant and PE ac to themselves question of the Commission By its answer Fund relies on the jurisdiction that maritime injuries are beyond the jurisdiction of the defense The evidence fails to support the position taken the Commission by these four defendants on this issue In holding that the Comof the maritime law is mission does have jurisdiction uniformity . not disturbed since the Work done by this employee was not or maritime import transaction was of local concern and not prejudicial to uniform application of admiralty law ? CUTHBERTSON a -3- Claim No. 161-870 The evidence of Drs Shipman Thompson Crenshaw and Watson indicates that the applicant does have and does suffer from an occupational disease namely a form of pneumoconiosis to wit asbestosis Dr. Shipman testified ployment contributed equally to disease on October 17 1954 the the periods or stipulated omdisabling effects of the Knowledge of the causal connection between the disease and said employment was first had by the applicant October 17 1954 and prior thereto applicct had six and days after sa the ex- ercise of reasonable diligence obtained mo kuiere of uah con- nection Testimony of applicant and Dr. Csira Dr. Shipman medical observation the applicant that he and Dr. Credit vesu wie? the employee needs Such evidonee supping supping supping in ivor of is in need of further medical rezimout Said occupational disease caused temp sobal de- bility beginning October 17 1954 Lo and cludinclug ding Jal 14 1955 Testimony of applicant and Dr. Crensher Dr. Shipman's permanent Applicant's permanent disability be testimony indication indication indication co. not counsel has requested decoraination of deferred Letter of Math Math 3-5-561 Some evidence indicates the amplae mple 2: Bil bleu and that his condition will get worse th the other any Dr. Hinshaw 5-24-55 advises that there will The evidence of Dr. Shipman moves porous be no porous this referee on of the disease to derev determina- tion of this issue Notice of injury was promptly trial Testimony of applicant None prejudiced by alleged lack of notice on quent to October 17 1954 given of of the to Plent and defendants Indushave been October 17 1954 or subse- The evidence does not establish y oblitacion in the defendants to in any manner whatsoever compensate applicant for a disability occurring in 1953 and the diagnostic treatment pro- cured by him in of applicant 1953. Record of Herrick Hospital and testimony The medical services obtained by the applicant in 1953 were obtained by him at his peril tory The filing of period of one year the Application was well of October 23 1954 within the statu- Occidental claims a lien in the sum of 591.87 The sums making this total of 591.87 were paid from 10-9-53 to 10-30-53 Such payments were not made for the reasonable expense incurred by or on behalf of said employee for medical treatment to cure or relieve from the effects of the injury found herein- above Diagnostic thoracotomy in 1953 did not result in a diag- nosis so far as the parties herein are concerned Payments made by this lien claimant cannot be made a basis for recovery by it either from the applicant or the defendants The Department has lien One request was filed a duplication of the request missed filed two requests for allowance of 1-4-55 for 589.71 This request is filed 4-22-55 It should be dis- CUTHBERTSON -4- Claim No. 161-870 consists The request filed of two parts 4-22-55 is for 1,149.71 This amount 1 35 a week from 10-18-54 thru 4-17-55 -+ 910 plus 60 Hospital benefits and 2 30 a week from 9-28-53 thru 17-24-53 - 115.71 plus 64 8 days hospital benefits A lien for 970 should be allowed to the Department the Department's request for the additional 179.71719.71 should be nied No recovery can be had for the additional suctoml the being properly payable to the employee under the unclue nclemm ent eunn clemt ent surance code and de- same in- Applicant's counsel contondo 1 imbursement and payment of medical expene 3-5-56 He argues that Simien care 21 0001 be inondatioda inondatioda inondatioda bem Lotter oth oth oth oth 0001 2. ontrolin ontrolin Beginning October 17 1971 app bined diagnosti treatment which was soepsful and led to the dis domel domel, asbestosis It fellows he is entitled to a of cres and cres able expense as was necessary to enable aldoup aldoup aldoup the dafon dants doctors to properly diagnose the pace of disability The ovidence as to the net mount of 3.25 vague and indefinite This rorores is unable to the true totul Applicanc'c counsel sent to the suites to some exhibits attached to his letter of February a4, 196 The ex- hibits were never properly introduced 0 evidence Inovaipt page 86 A determination of the exact amount of odlec ne will be made upon the service and filing of a proper petition petition in the event the partie are unable to bang bang bang themselves The evidence allows and standard procice pormits only a general finding 70.00 Applicant has Exhibit 2 reasonably incurred costs in the sum of rendered 300.00 As reflected by this record applicant's attorneys services to the employee in the reasonable value of have Apportionment or contribution of a defendant carrier is properly the subject matter of a supplemental petition OF FINDINFGACST 1. Jack Cuthbertson born May 4 1928 while employed as an asbestos worker by Western Plant Armstrong Thorpe during periods of employment stipulated to by each of the several dant employers herein contracted an occupational disease defento wit a form of pneumoconiosis namely asbestosis 2. The date upon which said employee first suffered dis- ability from said occupational disease and either knew or in exercise of reasonable diligence should have known that said the dis- ability was caused by his present or prior employment was October 23 1954 3. The occupation of the applicant was asbestos worker CUTHBERTSON -5- Claim No. 151-870 4. At the time of scid injury the weekly earnings of employee were maximum 5. Employee has incurred expense for diagnostic treatment beginning October 17 1954 and thereafter and said treatment was reasonably required to cure or relieve the effects of said disease A supplemental word for the amount of such expenses will be made upon the service and filing of a supplemental petition in the event the preted re be to adjust such expense to their mutual satisfaction 6. Employee is in reasonably required to cure said disease need of further or relieve from mod trentuent the effects effects of beginning 7. Sald October disease caused temporary total 116 116 17 1954 to and including a 14 195 8. Employee's condition is not ye Curl sun Plant imposed 9. None have Statutory notice was given bi the empicoe to of the defendants herein on tw twtw tw been prejudiced by the alleged bro. co mM loa 10. The filing of the Application . fe lsoal. 11. Department hos pald to empl^od Seo ndate pensation disability benoriis in the cesn PM eer period of disability found herein be: 10 12. Occidental paid no sum C nce, vou POL etl eee - ment reasonably required to cure or rel ve Late weet 10 01 "> injury found herein 13. Employee has incurred costs ann ann win . 17 .0 177.00 among 14. The determination of opportionment or the several defendant carriers is deferred contribution contribution the 15. It is not claim made herein true that employee is estopped to assert ject whom 16. The Commission does have matter of said claim and of each any liability is imposed herein jurisdiction of the sub- of the defendants upon have 17. As reflected rendered services to 300.00 by this record employee in the employee's reasonable attorneys value of 18. Cork is not a necessary or proper party 19. Plant Rubber is not a necessary or proper party 20. Mundet is not a necessary or proper party CONCLUSIONS CONCLUSIONS CONCLUSIONS a OF against Employee is entitled to a joint and several award Fund PE Standard Travelers Industrial of The reasonable value of medical treatment obtained by the employee on July 14 1955 and and after October 17 1954 to and including 10 CUTHBERTSON -6- Claim No. 161-870 Temporary total disability indemnity at maximum rate beginning October 17 1954 to and including July 14 1955 and 35.00 Costs in the to Dr. Thompson sum and of 70.00 said sum beingbeing payable 35.00 to Dr. Crenshaw and or Further medical treatment relieve from the effects of said reasonably disease required to cure Employee's attorneys are entitled to a first lien in the sum of 300.00 Department of 970.00 Request should be denied is entitled to a second lien of Department for additional in the sum lien of 179.71 Cork Mundet Plant Rubber should be dismissed or Jurisdiction is reserved to determine apportionment apportionment equitable subrogation on petition properly filed JS Ja JOSEPH SHEEHAN Referee 11 CUTHBERTSON Claim No. SF 161-870 JOSEPH SHEEHAN S.F. 2/20/56 REFEREE Injury 1944 - 1954 REPORT OF REFEREE ON CONTINUED HEARING ing Asbestos worker 26 claims injury to lungs substances in course of work harmful to chest and from breath- lungs ISSUES as to State Compensation Insurance Fund . . . 40 . 6. 7 9 10 11 12 13. Jurisdiction Occupation Injury Medical Medical expense Earnings Temporary disability Notice and prejudice Statute of Limitations Costs Estoppel Lien of Department Lien of Occidental of Employment Life Insurance Co. ISSUES as to J. T. Thorpe and Son and Pacific Employers Insurance Co. 1 " 11 12 12 Jurisdiction Injury Medical Medical expense Temporary disability Permanent disability Lien of Department of Employment Lien of Occidental Life Notice and prejudice Statute of Limitations Costs Apportionment ISSUES as to Armstrong Cork Travelers Insurance Accident Insurance Co. Co. and Standard 1. Injury 2 Medical 3 Medical expense 4 Temporary disability 5 Permanent disability 6 Lien of Department of Employment 7 Lien of Occidental Life Insurance Co. 8 Notice and prejudice 9 Statute of Limitations 10 Costs ISSUES as to Plant Asbestos and Pacific Employers Same issues as at issue with J. T. Thorpe Pacific Employers Insurance Company and Son and ISSUES as to Plant Rubber nity Company and Asbestos Works and Industrial Indem- 12345670 . EOmcpcluopyamteinotn 3 Injury 1234567040 Insurance Medical expense Medical 12345670 Earnings Earnings EarningsEarnings Earnings Earnings Earnings Earnings ee ee , a i, ee, ee CUTHBERTSON Claim No. 161-870 -2- 2-20-56 SUMMARY OF TESTIMONY tion HERBERT E. Insurance Fund SIMONS called by the defendant State testified substantially as follows Compensa- He is employed as Safety and Transportation Supervisor at the Western Asbestos The record at the plant shows that the appli- cant worked at the plant from April 1947 to July 1950 The applicant handled asbestos and other materials used at the plant A list of ingredients of the products used is contained in the insulation list He prepared this list from the samples sub- mitted to him by the manufacturers The same material was used in 1947 and 1948 follows JACK CUTHBERTSON recalled testified substantially as He worked for J. T. Thorpe and Son beginning in August 1948 to 1949. It was outside work on a power house He applied asbestos blocks to the boiler It was quite dusty and windy The boiler was located in the open He did not become ill on this job He was a mechanic or insulator on this job All of the men on the job were using the same insulation It was dry material The first application would be dry and the second application would be wet Magnesium blocks were handled about 85 per cent of the time He handled dry asbestos blocks about 80 per cent of the time The magnesium blocks contained magnesium 85 per cent and asbestos 15 per cent After handling the magnesium blocks he would apply a wet coating This coating material was handled like plaster He also worked for J. T. Thorpe in 1953 that is from September 1 1953 to October 23 he was off work for a month while 1953. he was Beginning September 28 1953 in the hospital Just prior to going to the hospital he was working for Armstrong Cork and Son handled On further questioning he said he worked for J. T. from May 9 1952 to June 2 1952. During this time asbestos covering and various asbestos products Thorpe he open air While he was working at Hunters Point the boiler You could see particles of asbestos dust was in the and him No notice was given to Pacific Employers or to J. T. Thorpe Son Neither of them have made any promises of compensation to and neither of them have made any payments of compensation He went to the hospital in September 1953 following the directions of Dr. Crenshaw Two weeks prior to going to the hospital he'd been under Dr. Crenshaw's care Dr. Crenshaw did not tell him what was wrong with treatment When he him first Dr. Crenshaw has saw Dr. Crenshaw continued to Dr. Crenshaw give him could not tell him what was pinigtaflor cancer at wrong and he believes that the doctors were look- that time He remained for two weeks in the hos- He first learned about his condition about six days after October 6 1954. He lodged in the lungs eight years ago when knew about the theory of asbestos becoming He first learned about this theory seven or he first took up the trade He had no cough before the first operation He had severe pains behind his left shoulder and these pains led him to see another doctor He has never been called by the draft He was in the Mer- chant Marine in 1944 to 1946 He was in asbestos work that time They did not make any was in the service prior ray to 1944. He was a examination of him helper at while he 1 CUTHBERTSON Claim No. 161-870 -3- 2/20/56 He drew the maximum amount of benefits from the State These benefits covered all of the time he was off work because of his disability He drew 35.00 from the State and 15.00 from Occi- dental for each week he was off The two payments together being 50.00 a week were paid to him during the entire period he was off work He returned to work on September 18 1955 It was stipulated that Travelers Insurance Company had coverage for Armstrong Cork from January 1 1952 until the present time and that Standard Accident had coverage for the period begin- ning January 1 1949 to December 31 1951. It was likewise stipu- lated the applicant worked for Armstrong Cork for different periods totaling approximately 191 weeks beginning in September 1949. He worked for that is from September board and hot tar Armstrong Cork for about to October In this job two weeks in he used only 1949 cork He worked for Armstrong Cork from September 6 1950 to 1954. He was an insulating mechanic He used asbestos pipe cover- ing asbestos blocks various forms of asbestos rock wool and cork board on the job The dry asbestos came in hundred pound sacks It was the job of a helper to mix this dry asbestos 85 per cent of the time the applicant mixed his own dry asbestos The asbestos blocks were installed on boilers He had no helper and there was heavy dust on the job He has worked in the asbestos trade for a period of about eight years and during this time has worked for six or seven compa- nies On all these jobs he did not use the same materials While he worked for Mundet he used strictly cork Samples which have been introduced were similar to those that he used while working for Armstrong He used the same type of material for Plant Asbestos J. T. Thorpe and for Western He is a union man and most of the jobs are the same They used the same materials on the jobs It is asbestos or asbestos products On all these jobs he had windy days On some of the jobs the ventilation was poor On others the dust just hung in the air The dust was worse on windy days All through the different jobs the same exposure occurred Some of the Armstrong jobs were all cork jobs dust Generally speaking the materials used and produced was the same for all his employers the amount of He time he made Travelers was hospitalized in September no request for compensation of 1953 and prior to that Armstrong Standard or At the present time he has still complaints regarding pains in the to bed times chest tiredness in the arms After a day's work he has to go after dinner The scars in his chest give him sharp pains at The adhesions around the scars hurt more in cold weather than warm weather It is an going to Dr. Crenshaw effort for him to go He feels better than up he ladders He is did at the time still of the last hearing It is noon At night hard for him he to has a tired feeling It is an exhausted keep his average up while working in the - feeling after- On July 15 1955 he went to work for a foundry and this work required him to shovel sand all day long He worked at this job from July 15 1955 to August 14 1955 and thereafter he was off work until September 18 1955. He gave this work up on August 14 1955 because he did not continue doing the work After August 14 1955 ~ work after about two weeks he listed himself as available for As regards Plant Asbestos it was stipulated that the employer's insurance company had coverage from Ortoher 1 10/7 ta CUTHBERTSON 2/20/56 -4- Claim No. 161-870 had It coverage was for stipulated that the Industrial Indemnity Company Plant Asbestos for the period beginning July 18 1954 to October 17 1954 and it was also stipulated that appli- cant worked at the plant during that period While working insulations He worked were made from asbestos for Plant Asbestos he used heat and frost as a mechanic applying these products which products & From July 1954 to October 1954 he jobs He handled asbestos products during this mix the products themselves It was dusty It they were mixing did mostly little time They had to was very dusty while The job at Mare Island during this time they had to work in a trench and the material was on top of the trench The wind would blow the material at him On October 17 1954 he stopped work because he was wheezing and subsequently he went to surgery week that The first notice he gave to Plant and a half after leaving the hospital he had to notify his employer Asbestos was about His attorney told a him nity tion or to Plant Asbestos any of them have him or Pacific Employers or Industrial Indem- made no promises or payments of compensa- work the He entire has received payments of disability benefits during period he was off He drew disability from the State for the maximum amount He received no benefits after job he had at the foundry leaving the The majority of all his work He did not receive benefits for all the time he was new lost from work *** *** A recess was taken in this matter until 9:00 A.M. February 21 1956 tomorrow *** The matter came on regularly for further hearing on February 21 at 9:00 A.M. SUMMARY OF TESTIMONY fied SIDNEY J. SHIPMAN M.D. substantially as follows called by the defendants testi- 1955 He saw the applicant on one occasion that is on June 15 His diagnosis was asbestosis or pneumoconiosis asbestosis This results from an exposure to asbestosis caused dust by June 15 As to the degree of disability seen in 1955 he said that his chest was normal However an examination saturation of the blood at U. C. Hospital was slightly low showed the applicant on to examination that the oxygen the say The doctor believes that the applicant is able to present time He cannot give a probable prognosis He the condition will become worse or better or remain the work at cannot same tor The The applicant should applicant is able to have a resume periodical check normal activity by the doc- The oxygen saturation test showed that the was not asb om se orbi em dan byd the blood like the oxygen should be absorobxeydgen There is 3 Say COMMISSION COMMISSION OFFIC 8 i NORTHERN CALIFORNIA CENCEPT CENCEPT SAT HAMENTO GUS MISSION STREET COUNTY SAN FRANCISCO 3 FOR SAKRAMENTO SAKRAMENTO SAKRAMENTO COUNTY ROOM 200 631 BTHLET BACIAMENTO BACIAMENTO ONLY FOR SOUTHERN CALIFORNIA HEYCEPT HEYCEPT HEYCEPT MAN DIEGO COUNTY B01 blATE BUILDING LOB ANGECLFS 12 FOR SAN DIEGO COUNTY 1521 FOURTH AVENUE SAN DIEGO ONLY STATE OF CALIFORNIA OEPARTMENT OF HUSTRIAL HUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case No. 161-870 54 SF Filed 12-21-54 DO NOT WRITE THIS SPACE IN ENTERED IN DOCKET BY Employee's Name ... Social Security No . . Name of Employe1r. -- Armstrong Cork Company 80x Travelers Insurance Company w----- 2. Plant Asbestos Company T Name of Industrial Insurance Carrier Indemnity Company 3 Western Asbestos Company State State Compensation insurance Employee's STREET AND HUMBER Concord California TOWN OB CITY ZONE _. STATE Employer's Address San Francisco California Latham Latham SquaLT AND NUMBER Bldg Bldg Oakland ___ 5309 sorton Street emeryville . Insucht Saf St. San Francisc Carrier's Address . 675 Townsend NU Francisco Fund 450 NollisteSr t. San Francis CITY CITY ZONE STATE Employee's name . Jack Cuthbertson Employee's date of birth 2... Date of your injury 1949 - 1954 Employee's occupation at time of injury _.. nabeatos worker | Place where When did you leave work 1954 injury occurred San Francisco CITY AND STATE 0 uw. as result of this injury September 30 October 19 1953| chest and lungs How didinjury occur Arnathing substances in har of m worf k hau rmfl ul to chest What part or parts of your body were injured _.. Lungs - Full or part time work When did you return to work OS a ae ee still - disabled and at what wage = Your wages or salary before deductions $ .. maximumper hour or $ wees eee .. per If paid on hourly rate how many hours did you work per week Did you receive any of the following Board Yes No Lodging Yes No Tips Yes State their weekly value $ .-..--.____ .. week No or $ meee per Other advantagesYes month No Have you been paid any compensation Yes No How much TOTAL AMOUNT Weekly rate of Date when last payment was made 19 Has the employer or theinsurance carrier furnished you with any medical treatment Yes No Date when last treatment was given List names of all doctors who have treated . you wn a and who were furnished 19 by the employer or insurance carrier University of California Have you obtained any medical treatment at your own expense Yes No List names of all doctors who have treated you at your own expense .......... payments $ -- W. see ee ceeteee tenenes ... Gee ee Se er tee aSSe Are you claiming any of the following benefits Answer Yes or No a c e Temporary disability payment Further medical treatment List other benefits claimed and not Yes Yos mentioned - above oe a 2.0 b Permanent disability payment . dee Cost of your medical expense ee eee cee ee Ias cece nent ten mene tte eee cee Have you ever before filed a claim with this Commission Yes No No If so when was it file.d. eens DATE eee ee -SMITH -SMITH ALKANKIE ALKANAK PTII E APE TIE Center slag~ lolo Financial Jack Guthbertson of Guthbertson SIGNATURE OF APPLICANT sreenccnenes nae noes Date December December 20 20 : 1954 2 Lencourt > 2-2009 2-2009 2-2009 .... ; a NOTH en THE AJUNG Meroe th a n_ptu n_ptu n or ae. heart in other agent has been Girl with the Industrial Accident Commission the parties will be unested in writing of the time and place of hearing Either party may be ANSW The Jeren tint ce Page takes tile in anewer within application and the TOTALVE EN Ther se pe , caned in the ulf roxplayez ak nut to thecarrier imme lately on the application application proper answer 10 days after service amer meet be filed be bl^ bl, ^,d d at by a copy of the application the ringlyer an that will using the form furnished for be done by the carriers but that purpose It defendant employer is insured if the insurance carrier is not named then the DAIP OF STAVICK SKAVICE ON 4 STATE OF CALIFORNIA INDUSTRIAL 965 MISSION STREET SAN FRANCISCO 3 ACCIDENT COMMISSION pertines claiclai clai 412 HELM BUILDING FRESNO 21 STATE BUILDING LOS ANGELES 12 ROOM 200 631 J STREET SACRAMENTO ROOM 214 100 E OCEAN BLVD LONG BEACH 2 1521 4TH AVENUE BAN DIEGO 1 JACK CUTREMENTOON ae Applicant VS. LANT LANT USER ACTUS ACTUS NORRS , ees TUNG TUNG CONE QUANY QUANY NUNUT COK COSTA COSTA COSTA AN LANLAT NT RERECC TOD RT ECTODO RECTD OD COMPANY WESTRAN BES70S CUMMARY CUMMARY J. 1. ThoE wab ON and INCARCE INCARCE CANY CANY CANY INDUSINDUSTTRIAL RINI DUSATRILAL INDENITY TV_mis INDENITY CHARY et al Defendanat CLAIM No. 54- .. 161-870 NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM You are hereby notified that an application to adjust a claim been filed with the Industrial Accident Commission of the State has been set for hearing at for compensation a copy of which is of California You are further notified attached hereto has that said application km 200 1531 ouster . Oakland California on the 23rd day of May 1955 at 1:30 o'clock p.m. All .. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law Noir The parties are expected to submit all issues in controversy for decision at this hearing therefore all medical reports payrolls and other essential proof must be available and ready for submission at the hearing necessary witnesses evidence documents Dated AApprriil l 25 25 19 195555 INDUSTRIAL ACCIDENT COMMISSION By EDRUND J. THUM Jil Assortant Secretary envelope places The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a copcyopy of the apapplicpation lication therein mentioned , in a sealed envelope in the United States mail on said day day at Jan Francisco Francisco California with the postage thereon fully prepaid and addressed to the said parties at their last known Jan Francisco Francisco Francisco of business or residence as follows to wit NAMES OF PAR TILS SERVED DATE OF SERVICE see attached shout SIGNATURE Dept. of Employ Nox 1857 Oakland Calif Occidental Life Ins Co. 300 Montgomery Montgomery St. 3.F. Calif 4/25/55 4/42/52/55/555 Jack Cuthbertson 2284 Holbrook Dr. Concord Calif Smith & Parrish Fin Center Bldg Oakland Calif rlant Rubber & Asbestos Works 5309 Horton St. Emeryville Armstrong Cork Co. 1355 Market St. S.F. Calif Mundet Cork Corp. 440 Brannan St. S.F. Calif Cal Plant Asbestos Co. 5309 Horton St. 5309 Horton Emeryville Western Asbestos Co. 675 Townsend St. S.F. Calif J. T. Thorpe & Son Emeryville Calif Travelers Ins Co. Latham Square Bldg Oakland Indus Indem Co. 350 Sunsome St. S.F. Calif Calif State Comp Ins Fund Personal Service " ... " " " " " " n " " Pacific Employ Ins Co. 3770 riedmont Ave. Oakland Calif " Calif Compensation Ins Co. 28 Geury St. S.F. Calif " VWX Financial Carto odyLuckland ADDRESS 2000 Glencourt 2 2000 Date bee SIGNATURE OF APPLICANT /fi 1 / / 9 55- 195- 1955-1955- 1955- TELEPHONE NUMBER HEARING After this application has been flad with the Industrial Accident Commission the parties will be notified in writing of the time and place of hearing Either party may be represented in person by sisorney or other agent ANSWER The defendant is expected to file is uniwer within and the insurance cartier is property named in the application no empemployerloyer should notify the carrier immediately in the proper anawaz 10 days after service answer need be bled can be bled of by a copy of this application the employer as that will using the form furnished for be done by the carriers but that purpose In a defendant employer is Insured if the insurance carrier is not warned then the DATH OP SERVICI SERVICE ON COMMISSION OFFICI 8 JR NORTHERN CALIFORNIA FXCEPT SACRAMENTO COUNTY 965 MISSION STILET ? SAN FRANCISCO3 FOR SACRAMENTO COUNTY ROOM 200. 631 J 6IRLLT SACRAMENTO ONLY STATE OM CALIFORNIA DEPARTMENT OF INDUSTRIAL INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 501 STATE BUILDING LOS ANGELES 12 FOR SAN DIEGO COUNTY 1521 FOURTH AVENUE SAN DIEGO I ONLY APPLICATION FOR HEARING AMG) Case No. 55 . 161 Filed March 3 1955 370 DO NOT WRITE THIS SPACE IN ENTERED IN DOCKET BY- Employee's Name JACH OUT 1.17303 Social Security No | Name of Employer oo ATES ATES WIT Employee's Address .. 2204 Ai LIVE LIVE LIVE STREET AND NUMBER vor Employer's Employer's Concord TOWN OR CITY Address California ZONE STREET AND NUMBER STATE Name of Insurance Carriere Carriere ATT ATT - et a Insurance TOWN OR CITY ZONE STREET AND NUMBER STATE . CITY ZONE STATE Employee's name Inith GyThATION GyThATION GyThATION eee eee cece - Date of injury Place where _..... 1946-1954 1946-1954 1946-1954 1946-1954 See Employee's date of birth Employee's occupation Thark dy, - 2 - 1923 at time of injury Asbestos worker . injury occurred 36 Francisco Calif | CITY AND STATE oo. When did you leave work as a result of this injury September 30 1953 How did injury occur October 19 1954 What part or parts breathing breathing ubstanovian sourse workhazul hazulto chant lungs of your body were injured aigste ceeesse se aceeen see os When did you return to work Still disabled 2 Full or part time work and at what wage Your wages or salary before work mus deductions If paid on hourly rate how many Did you receive any of the Lodging following en -- .. per hour hour or $ hours did you work per week _. oe eeenecseceeerteee oes Board Yes No ? Yes No Tips Yes State their weekly value $ oe sees per week No Sen or $ oe. --- per month Other advantages Yes No Have you been paid any compensation Date when last payment was made _ Yes No How much s -+ TOTAL AMOUNT Weekly rate of payments ... 2. | Has the employer or the insurance carrier furnished you with any medical medical treatment Date when last treatment was given ' 19 List names of all doctors who have treated you and who were furnished by the employer OT treatment ty of Unifornia Unifornia Unifornia obtained medical Have you obtained any medical treatment List names of all doctors who have treated your own expense Yes you at your own expense No Yes No Ye or insurance carrier a wee ne Are a c you claiming any of the following benefits Answer Yes or No Temporary disability payment vate eee yes Further medical treatment . CT Te Seen me oe a ee eee eee ee TTT T Rae e ns eee eee rm mie eee eee b d Permanent disability payment a Cost of your medical expense Have you ever before filed a claim with this Commission Yes No X If so when was it =: srs filed Sent teen ceeeeteeeeee ccceeetee sees vate ne ee DATE eee TOOT T Te BEPRESENTATIVE OR ne ee ATTORNEY FOR APPLICANT inancial Center gland ADDRESS lencourt 2 2000 gland JACK CUTHBERTIN CUTHBERTIN SIGNATURE OF APPLICANT Date woo. TELEPHONE NUMER HEARING represented in person by After this actorney or application has other spent been lad with the Industrial Accident ANSWER The defendant is expected to file and the sa waiver within insurance carrier is employer should notify the properly named in the application no carrier immediately so the proper anewer 10 days after service sniwer need be bled can be bled of by DATE OF SERVICE SERVICE ON Commistion a copy of this the employer employer application as that will using the form furnubed for be done by the carrier but that purpose If if the insurance a defendant employer is insured cartier is not named then the ie} Re ay CUTHBERTSON {ACG # 161-870 List of umployers Plont Plant Rubber Asbestos 5309 5309 Horton Emeryville calir works Asbestos Asbestos h6e 7s 5te Tr on wnsend Townsend St. Francisco J, J. Thorpe Thorpe & Calif Emeryville 440 Mundet Corp. 14,0 Francisco Brannan Calir San Francisco Francisco San Francisco Co. Calif San Francisco Cork Co. 1355 San Francisco St. Jan Francisco Calle 5309 Horton Co. Calle Emoryville Emoryville Emoryville Emoryvile Calif LIST OF INSURANCE COMPANIES Latham Square Co. Oakland Calif Bldg Industrial Industrial Calif e Jansoma St. San Francisco Calif State Francisco Calif Co. San 450 McAllister San Pacific Employers See, Francisco Francisco Oakland Calif 3770 Piedmont Oakland Calif California California Compensation Insurance Francisco Calif Calif , San Francisco > San Francisco, calif. Before the Industrial Accident Commission of the State of California a 1 Notice of Time Applicant._ Applicant._ } VS. AUTOS CORPORATION INTSUHRAONC.EPK COMPRAY INSURANCE CONARY AND ASDESTOS WORKS ARMSTRONG CORK PART RUBBAR HOST COILS CORPORATION PLANT 8237 J. T. THO.PK COMP NY COMP NY WESTERN AUTOS CONARY COMPRAY INDUSTRIAL Alm Sun and TRAVURANCE TRAVURANCE TRAVURANCE COMPANY STALE COMPENSATION COMPENSATION COMPENSATION IY IY , STRONNE TRUINIG EMPLOYERS INBURANCE COMPANY INSURANCE COMPANY and STRONNE STRONNE AGUIDENT AGUIDENT Defendant@ INDUSTRIAL and Place of Further Hearing NOTICE TO ALL PARTIES will be held in the entitled action at You are hereby notified that further hearing California on the 20th 2 8TN 963 in St Can Iraniano Iraniano , Luz Kaktuery__1956 Dated at 1956 at 9:00 o'clock a.m. DAY 945 Mission Street San Francisco Kaktuery__1956 ALL DAY at 9100 o'clock a.m. and also California on the 21st dor Edmund J. Thomas COMMISSION > INDUSTREdmund IAL ACCIDENT COMMISSION ban Isso Isso California Unia 29th day of Denambur NOTE CONTINUANCES AND 1955 FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON 29 M Soo attached age for service STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION Ex bot , * ... ra J ote . ... Ex Ex _ ' CUTHBERTSON JACK z ee es temo Cw ee esn ete aie + fe aeter wa ee e. seme om me bet comers OO tetoa a me _ Applicant vs. PLANT al KUBRER & ASBESTOS WORKS - To nee ee ome ames 6s TN " - neh 100 ne ems 6 ewe ee oe Fe ee ome meena emneetie & wearer SUBPOENA DUCES TECUM The People of the State ofof California Send Greetings to sas seen scone Personnel Personnel Manager Armstrong Cork Company _ eee me termes mene ween oe WE COMMAND YOU That all and singular business and excuses being laid ride you appear and attend before the INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 965 Mission Street San Francisco Calif ~ pgp ~ on th 20th ta day ofFebrery _ ae 2 eR we Oe em ete fem eee me, eee see irene. 1956 1956 at 130 130 o'clock o'clock o'clock Ps M. then and then Employers Insurance Company testly in the above entitled matter now pending before the said INDUSTRIAL ACCIDENT COMMISSION on the Pacific Pacific part of _ ST > TAmC Cee wom nt wiper ree gy oo teee meendhenemee cermacs eens Te en meske ees ed bine we | sy wemeenes o- a bring with yox and then and there produce the following described 10 id 7 See _ attached Nee Teme 4 affidavit a ee oe TO Fee ete geen (Ot o tt - ere.s -" sem on Oot er oe ey we enerecete = documents RAC! TD Sree papers books and Age records et ee ahaa Te Tee 8 amen tee and pur failure to attend you will be deemed ... guilty of a contempconttempt and lable to pay to the parties aggrieved all lover sustained thereby thereby and forfest one hundred dollars in addition thereto and Witness INDUSTRIAL ACCIDENT COMMISSION 3 OF THE STATE OF CALIFORNIA | 2d February ry 16 196 veo) Pillipi ioc antoser antoser troet Won acice 4 California a . on rite tot Claim No. 161-070 161-070 dec. Nthourbon varianter varianter Subpoena - intro intro Cork terbu Company terbu cud orke et al s remin sa oe dtr enc" time for 11 Mumper o nabrun Cork Company oe cybera dated obrury 2 196 the mira tue ao cued tt of the ta Ject subpon subpon received by uro or to pay at af ' 7 onourary onourary 17 1900 m the inforated inforated inforated inforated i lthoffion lthoffion lthoffion lthoffion It will be nece nu to have t tote formation comilad from oral recore at counter Pors cria anR annable ling oo 2? ths will ling o and for this inition inition to basin basin eo 11 advise you won the information is 14 10 Try try ours ASTRY CORY CORY Insulation livirlor e ee John ,aylor e . ae District Manager en ee Act St ..schiedt ..schiedt ..schiedt Jr. insurance Dept. (rte ter ene ta 1. Ny .. racisco | 1!] "| 3 | mm | | i) 6 7 "| i! % | Lil) PEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 161-870 JACK CUTHBERTSON TB Applicant ) ) AFFIDAVIT FOR SUBPOENA DUCES TECUM WORKS PLANT RUBBER & ASBESTOS et al ) 2-7361 FILLIPI Defendants Ex FILLIPI Montgomery FILIPI Montgomery MULLEN Montgomery STATE OF CALIFORNIA Ex MULLEN ) 83 CITY AND COUNTY OF SAN FRANCISCO ) ae W. N. MULLEN duly , being first sworn deposes and says 2 That he is the attorney for the defendant Pacific Employers 13 Insurance C-- --" -- -- in the above entitled mattor 11 That Personnel Manager Armstrong Cork Company has in possession or under HIS control the following documents which affiant desires to have produced at the trial of the above untitled action wit All records of employment of Jack Cuthbertson including nature of work done wages and periods of employment That said records contain ovidence which is admissible and material to the issues involved in the abovo entitled nations to determine the periods of employment and the exposure as alleged on | application herdin | 44 THEREFORE tho affiunt asks that the said Industrial Accident Commission Personnel Manager issuo a subpoena directing said Cork Corporation Armstrong ' to appear and attend bofore said Industrial Accident Commission iO February 1956 at 1:30 M. N + 965 Mission Street San Francisco Calif . ht 7 and to bring with him said documents heroinabove described 2 bd om Cubscribed and sworn to bofore no this 31st day of January 1956 WW - HULL { T ORAH M. NICHOLS NOTARY PUBLIC in and for the City and County of | Fnrancisco State of California y/ | STRVICE UTONI 29 Mor Employment Department of Employment O. Box 1857 Oakland ulif ulif occisontal Life Ins Co. 583 Market at 0 be Jack Cuthbertson 2286 Holbrook Drive concord Calif with & Farrisht 1616 Pinancial Center slag .kland ' 11f Kilent ubber & Asbestes works 5309 Horton St. moryville 11 restring Cork Co. 1325 Market t ..he Fundet work Corp. 440 Punnan St. . . Hestern abostus Co. 675 Townsend St. 0. J. Thorpe ^ on moryville Clif work Insulition . ALTRESS URATURN URATURN Standard Accident Insurance ve / Leonard Hanna & Brophy Brophy 100 - und the w~ole Witham Witham Trevelers Ins Co. quare Industrial Indem.Co 350 Sannene St. 3. . tate rund Personal Service qe 3770 cific Leone mp Ins . hanna & dro hy tiedmont -ve O.klan u 18 Junk SB Je fa Hullon & Filippi 315 Montgomery St. b . e ee we and " . a failure to attend you will be deemed guilty of a contempt and luble in per to six parties aggrieved all lover and " sustained thereby and forfeit one hundred dollars in addition thereto Witness INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CALIFORNIA TA JGM JGM fl- - fi- fl fi- fl Before the Industrial Accident Commission of the State of California JACK CUTHBERTSON CLAIM NO Notice of Time vs. Applicant ... } AND ASBESTOS MAT KUSOK KUSOK AND ASBESTOS WORKS ARMSTRONG CORK Sait NY HOST COILS CORPORATION PLANT ASBESTOS COMP NY WISTORY ADELITOS CONARY J. T. THO.PE COMPANY ASON AND TRAVERS TRANCE I. CITY COMPANI STATE COMPENSATION INDUSTRIAL INSURANCE STE " AGUDENT EMO STE STE AGUDENT AGUDENT LTLAS 1URANCE COMPANY INSURANCE COMPANY , and Defendanat INDUSTRIAL and Place of Further Hearing NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the entitled action at 963 Kission Struct Can Fransiaso Califurtis on the20t ce-h kk uu 1956 1956 Francisco Labruery_1956 Labruery_1956 Francisco DAY Dated at at Hission at 9:00 o'clock a.a. Hission Street San Francisco 9:00 o'clock .. and also California on the 21st day vin Isso Isso California thia 29th day of Dacaabur 1955 Edmund J. Thoma J INDUSTRIAL ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED 300 attached jige for serving Jack Cuthbertson . California Plant Rubbert asbestos = 2/17/52/5 17/55 BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS LOS ATLANTA PITTSBURGH SAN SAN NEW NEW MIAMI ALEXANDER ALEXANDER ALEXANDER & ALEXANDER ALEXANDER INCORPORATED AVERAGE ADJUSTERS 2225 NORTH ADJUSTERS INSURANCE ACTUARIES CONSULTING CONSULTING ACTUARIES ACTUAACTRUARIIESES May 8, 1958 TELEPHONE TUXEDO 9-4304 TELEPHONE TELEPHONE TUXEDO 9.4304 9.4304 BELL SYSTEM TELETYPE BA Mr. William William Hughes Manager Insurance Department Armstrong Armstrong Cork Company Lancaster Pennsylvania Dear Dear Please note Travelers Policy No. RUB-3386210 disposition made of the following claim: Date Date Accident Claimant Location Claim No Disposition Abt July 14 1954 Jack Cuthbertson _ Jack San Francisco California 7585259 - 468.60 - 571.76 Comp Expense Remarks3 Indicate Whether? Auto Liability Auto. Liability P.D. P.D. en P.D. eS General P.D. P.D. P.D. Very truly yours ALEXANDER ALEXANDER ALEXANDER . H. j LOSS Finlay 8 jm en + EDMUND D LEONARD WARREN L. HANNA DONALD R BROPHY WALTER JAKOBSEN IVAN A SCHWAB ROBERT H SCHIECK ROBERT N. MAC LEAN JOHN A MAC DONALD EDWARD P MC ALEER HERBERT C. JENSEN HOWARD H JEWEL EDWARD W. KORAB LAW OFFICES OF LEONARD HANNA & 100 BUSH STREET BROPHY . SAN FRANCISCO 4 YUKON 2-6077 March 9 , 1956 1956 . \ Armstrong Cork Company 304 Shaw Road South San Francisco California Attention Mr. John S. Taylor Re Jack Cuthbertson V. Armstrong Cork Company Company Standard Accident Insurance et al 76 0 622198 Dear Mr. Taylor borved on you by bie: aim aim of Mullen and The subpcent - attention by r Platt of Filippi na been forwarded to I note in the the Stania Accident 1.surance 1.surance Company process of materials forwarded that Ar Secment is in the to the subject subpoena subpoena accumulating materials Zn response has been heard and This will advise that the case that you ignore the submitted We would therefore antibe subpoena HHJ eb cc Armstrong Cord Company Lancaster Pennsylvania Attention Mr. R. C. Schiedt Jr. cc Standard Accident Insurance 417 Montgomery Street San Francisco Attention Mr. L. W. Platt Company February 21 1956 Standard Accident Insurance Company 417 Montgomery Street San Francisco 4 California Gentlemens Attentions Mr. John Halloran Subjects Claim 96 Assureda Claiment 0 622198 Armstrong Cork Co. Jack B. Outhbertsen A Unknow San Francisco office in connee- a Subpoena received from our of a letter written We are enclosing H. Cuthbertson and a copy firm representing tion with the claim of JaM crk. John 8. Taylor to the law in this by our District Manager which is one of the defendants the Flant Rubber & Asbestos Works GaSGe the latest of on this subject refer to our previous correspondence letter dated August 3 1955 Please dated August 12 1955 in reply to your which was the District Kmager your contacting Mr. John B. Taylor what information will be We will appreciate letting him know just of our San Francisco office required at the hearing also occurred during the Mr. Cuthbertson's Cuthbertson's employment with Armsctormopnegnsation coverage we presume Since when Travelers carried our workmen's working with Travelers on this claim years Insurance Company is Standard Accident AJP Enclosures J. S. Taylor Insulation Division San Francisco NOTE TO J. S. TAYLOR pertaining to turn over any correspondence claim office in In the future will you please to Standard Accident Insurance Company's of transmittal this claim directly office a copy of your letter San Francisco sending this R. C. S. LA To From Subject a ee Inter - Inter Communication Armstrong Cork To Co From Lancaster C. Schiedt Insurance Department, Department Lancaster Insulation Insurance S. John Company February 165 1956 Subject He Cuthbertson Se Se 572-24-8568 I vl representingemployment our ie Q 20 20 the latest on this subjects refer to previous correspomdence correspondence on this Please Please correspondence previous of of which is under to . company Claim Claim 161-870, 1955 our company WwageSs Subpoena Enclosed Enclosed Enclosed Subpoena records 161-870 requiring requiring nature requiring work company company to wages one appear and periods employment records including issued by the wages subpoena and representing representing Rubber Rubber This Company you with Asbestos Asbestos of of defendants along of the Industrial Accident hoCuommisssion etshe that The State case is to beFfeobrreuat rhye 20 Industrial Industrial Accident Accident Commission opinion the Rubber probably State California requested representative records records by 21 our representative representative opinion was Asbestos probably Company verify that this & good Company than other employment good deal extensive 4n extension aa to the law firm requesting extension extension extension requesting time in view copy the letter the information extension if of view the fact that requested has of from Lancaster Lancaster and further that there information information we have this information we nave to supply will need wages for and further will this point wages wages for 19555 periods involved involved in your communique _ the order as indicated if this T af this is jin ordere " Francisco Division Francisco Jo G. Murphy, Insulation P.Se -JST as Notice Hearing of Hearing Document well local files Subpoena for o for our local __ Form 3377 8-46 February 16 196 ek) Fillipi ter ter treet neilco neilco 4 falifornia . reg Clain No. 181-970 181-970 Jac thourbon va anteri Subpoena - intron intron tork anteri Company Arba to reale ta eters on on tine for wroek Sou prof prof AP te7 Cork Comary bpoena dibed dibed abrury 2 1976 tw a arance arance @2 Sas 5 O vedi LS of the the the the juet subpoena was received by untron work Coote on Fourary 1 1 47 the informati informati company at informati informati informati Cllauia ny thoffice thoffice It will we can to have 4.8 wotas ed 4 form tien combled from our personal record at outer Porna inania an reasonable legentine legentine legentine will And for this in oration to be assialuted eo 11 advise you on the information is available Vry Vry try yours ASTRU CORK te Division Insulation Division e John . 2or e District Manager neSey oe os R. . schiet schiet Jr. insrance insrance Dept. te 1. KADRY oth Tat cio REFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 161 870 JACK CUTHBERTSON vB. Applicant ) PLANT RUBBER & ASHESTOS WORKS AFFIDAVIT FOR SUBPOENA DUCES TECUM Defendants 2-7368 & Montgomery STATE OF CALIFORNIA 83 SAN FRANCISCO CITY AND COUNTY OF W. N. MULLEN duly , being first sworn depeses and says That he is the attorney for the defendant Pacific EmployerS Insurance Company in the above entitled matter That Personnel Manager Armstrong Cork Company has in possession or under HIS control the following documents which affiant desires to have produced at the trial of the above untitled action wit All records of employment of Jack Cuthbertson including nature of work done wages and periods of employment That said records contain evidence which is admissible and material to the issues involved in the abovo entitled notion determine | the periods of employment and the exposure as alleged on application berdin t THEREFORE tho affiant asks that the said Industrial Accident | Commission issuo a subpoena directing said Personnel Manager Armstrong Cork Corporation to appear and attend before said Industrial Accident Commission February 1956 at 1:30 .. cn 965 Mission Street San Francisco Calif at and to bring with him said documents heroinabove described Subscribed and sworn to before mo this 31st day of January Oe ~~ 1956 ROLLE ORAH M. NICHOLS . NOTARY PUBLIC in and for the San Francisco City and State of County of California i SERVICE UPC UPC 29 -- Employment Department Department of Occisontal Life P. O. Box 1857 Oakland 611f Ins Co. 583 Market st vo . Jack Cuthbertson 2284 Holbrook Drive Concord Calif with & Ferriak 1616 Pinancial Center slug Okland ' lif Plant subber & Asbestes works 5309 Horton St. meryville f 1353 - rmstrong Cork Co. Funcet Cork Corp. 440 Market St. -. ARAR St. . . Plant Asbestos Co. 5309 Marton St. Imeryville stern sbestos Co. 675 Townsend St. 6 CHF, ... Thorpe & on meryville Calif Calif Cork Insulation , ALEXESS ALEXESS URATON URATON Standard Accident insurance L. e Leonard & Brophy Brophy 100 su they ~ole Lo shem Travelers Ins Co. quare Bldg Oakland Calif Industrial Indem.Co 350 Janne St. Oaklani d e Nitate Nitate rund Fersonal Service 3770 315 Lacific mp Ins . Leonor hanna & Jro hy Piedmont -ve O.kland 6 18 dush st 5. 7 Hullen & Filippi Montgomery St. 3. } STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION Ex 2-8302 2-83022-8302 2-8302 2-8302 2-8302 2-8302 2-8302 . JACK CUTHBERTSON .. - -. en ae deg cenAc Hiee e me) EUR eae sre onae? St meal -+--- CLAIM NOM 161-870 Applicant _ VS. PLANT RUBBER & ASBESTOS WORKS 1 31 ecocep cureeneeesss eee cevepe cascememsedonenomnenee SUBPOENA DUCES TECUM - Defendent The People ofthe State of California Send Greetings to Personnel Manager Armstrong Cork Lees ee tem pe eas Company -....- - 34 weer ee COMMAND YOU That all and singular business and excuses being hand side you appear appear and attend before the INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 965 Mission Street San Francisco Calif 2 nw ee af the se testify 20th day of Febru Februrr y y ee in the above entitled matter now pending before the said 56 1830 1830 o'clock Pg M. then and ther of Industrial AccIDENT COMMISSION on the part Pacific Employers Insurance Company and there produce the following described documents papers books and nem^s at you bring with you and shen | 17 See attached affidavit 6... a ee te emeer men meme me ee Semmens mena wane si5 pecewemerenccceee raemeens car ame sees 7 Seman ' _ am for a failure failure to attend you will be deemed guilty of a contempt and liable to pay to the parties aggrieved all lover anul one hundred hundred dollars in addition thereto fh tak sotained thereby and forfeit Witness INDUSTRIAL OF THE ACCIDENT ACCIDENT COMMISSIO COMMISSIO STATE OF CALIFORNIA 2d February ahs vr. 560 1.1 19 weg ee ue at 7 Jar Ay jt - fl fl Before Before Industrial Accident Commission of the ~ State of California 55 SF. 161-81 ciam Noo sch CUTHBEATSON , Applicant. - Notice of Time Notice Time of Place of ade INITY INITY COMPANY STALS COMPENSATION COMPENSATION ACCIDENT s FUNG FUNG TRUIZIG EMPLOYERS BUAANCE BUAANCE INSURANCE STEWARD STEWARD ACCIDENT INSURANCE COMPANY deans ob ACCIDENT COMPANY INSURANCE Defendan@t- You are ve Kebruary Dated Indisso Indisso Francisco 20gh.. action NOTICE TO PARTIES PARTIES be held in the above hereby notified that further hearing 1958 Mission Struct California Francisco 2 alse also 29th Francisco California California on the action at on the o8 eo Zi4% Mission Street Francisco at 9:00 o'clock Indisso Francisco California ne 910 o'clock Thoman Js Thema, COMM Edmund Thoman san Tid tpia December day NOTE CONTINUANCES CONTINUANCES CONTINUANCES AND SERVICE UPON 1955 HEARINGS HEARINGS NOT FAVORED FAVORED SERVICE UPON: attached page service service zee attached for ee eee Hall 9-27-49 to 572-24-8565 572-24-8565 572-24-8565 572-24-8565 10-5--49 10-5--49 10-5--49 2 weeks 9-6-50 to 12 22.5o 16 weeks 12-23-506 12-23-506 out 4-3-51 -21-51-21-51 50 cele 4-3-51 to 4-2-3-51 4-2-3-51 4-2-3-51 ress woch 1949 1950 1950 1951 1951 { 1.75 2.50 2 weeks 16 ------ -- a August 12 1955 Standard Accident Insurance Company 417 Montgomery Street San Francisc4e. California Gentlemens Attentions Mr. John Hallorm Subjects Claim 96 0 622198 Assured Amstrong Cork Co. Maiments Jack H. / Unkson But 1/14/54 . In reply to your letter of August 3 regarding Jack H. Cuthbertson our records indicate he worked out of our San Francisco office Cuthbertson Cuthbertson asbestes worker and had nothing to do with our manufacturing operation at Bouth Gate Tohffeiceendn orseo mdoent ntostanindvoClovnetrJaacctk3H8.22C1utyhobuermtesnotnion apply to our Los Angeles hourly 2. was5 2.0 50 Priotro After July 20 his rate increasetdo 20 1951 his 2.71 The customary work week was 40 hours with occasional overtine We trust the above covers all the questions raised in your letter of August 3 Very truly yours ARMSTRONG CORK COMPANY R. C. Schiedt Jr. Insurance Department DM RH F K JP FERRY JA Chairmen of the Board PLATTS President BROWN Vice Pres A Secretary KIRK Vice Pres & Treasurer HACKER Vice President ; . wow KCJ PAUL WILSON Vi Vicece President President A WARNICA Vice President PE PE WLHAIYTMEON and A Vice President Vice . Vice President Standard Accident Insurance INCORPORATEO INCORPORATEO INCORPORATEO 84 Company CASUALTY INSURANCE - FIDELITY AND SURETY BONDS ROY W SMITH RESIDENT PRESIDENT SAN FRANCISCO BRANCH 417 MONTGOMERY ST OFFICE PHONE EXBROOK 2-6036 SAN FRANCISCO 4 CALIF Armstrong Cork Company Lancaster Pennsylvania t August 3 1955 Gentlemen { Vid . ted Re Claim 96 <622198 Assured Armstrong Cork Co. Claimant Jack H. Cuthbertson A unk -- ---- 8/8/55 In connection with the above for benefits under the captioned which is a claim made by Cuthbertson Workmens Compensation Law because of asbestosis in the course of his contacting would you please advise the employment with you and several other employers your employ weekly wages of Mr. Cuthbertson while he was in I have contacted informed me that your San Francisco all records office for this information and they have advise which particular are at your Lancaster office the claimant worked office Will you also from Our report of please for No. the year January 1 1949 to January 1 1950 197571 that Armstrong Cork carried Workmens indicates that coverage by Endorsement companies other than Standard Accident Compensation Insurance with ducted by Armstrong Cork at or in directInscuornanneccetio Cn ompwait nh y for operations con- at Southgate to January 1 California Report of coverage for the 1951 by endorsement 207854 indicates manufacturing period January 1 plant 1950 the above mentioned endorsement for the same situation regarding Insurance Company this period of coverage by Standard Accident The January 1 1950 to January 1 1951 coverage also has indicating the policy does not apply to the endorsement no 528855 S Ua nn ioFnernando Road Los Angeles 41 Pacific Railroad following Meyers Bros. , 3407 alifornia Contract 38221 > Work performed for Company Company The report of coverage for the that by endorsement no period January 1 585437 the 1951 to January 1 1952 indicates does not apply to Myers Bros.3407 policy San with Standard Accident Insurance Contract 38221 -work performed for Fernando Road Los Angeles California Union Pacific Railroad Also by endorsement 216894 on the same under the Workmens period of coverage the employer warrants Compensation Act arising out of that his liability him at or in direct connection with his the operations conducted by manufacturing plant at Southgate California Page -1Planet Insurance Company Detroit . Standard Acrident Insurance Company Detroit . Pilot Insurance Company Toronto Page -2- are insured Along these by insurance companies other than with Standard lines could you therefore please advise whether Accident Insurance or not Mr. Co. Cuthbertson's employment with Armstrong Cork came within the reach of the above to us mentioned a list of endorsements For this reason I would appreciate your forwarding the company offices out of which Mr. Cuthbertson worked and also whether or not any mentioned endorsements of these offices came within the purview of the above Thanking you for your courtesy and cooperation I am Very truly yours ~~ JOHN HALLORAN Claims Representative ACCIDENT ACCIDENT INSURANCE STANDARD COMPANY COMPANY COMPANY COMPANY DETROIT V P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 July 21 1955 C. Nr x C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster FennsylvanFeninsylvaania Dear Dick ne Jack F. Cuthbert A\ Thanks for your letter of the 20th en- closing photostatic copy of the hearing Schedule at San Francisco for Centerber 7 1955. I have forwarded same to the Standard Accident insurance insurance Company Company together with the information you ve in your letter and with Thanking you for sening kindest personal rrds rrds this I a am m on to us Very truly yours L. P SHRIVER CENCY oP maw 1. Shriver July 20 1955 1801 Union Bank Building Building Pittsbu2r 2 gPha Dear Bovi Subjects Subjects JacHk. Social Security 572-24-8568 File 7585299 OoufrouSranfoFrrmaenrciscs office JhaacskwHr.itten to us regarding Social a SecucriltayimSecurityfifilleedd b972y24-8568 o9n72e24-8568 wReeceokrsdsinin1d9i5c1atfe oherwtoryked two weeks in 1949 sixteen weeks in 1950 fifty nininCealweiefkosrniina1954 quitting Juliyn 19512954f. oA rtl oyf l hwieseks in 1953 and twartyemployment occurred a 11995555 at closing a San Francisco Fprahncioscto ostatic copy of a hearing scheduled for Accident will 7 probably contact Travelers Very truly yours MP R. C. Schiett Jr. Inclosure Mr. J. E. Fannon Alexander& Alexander Inc. 503 St. Paul Place Baltimore 2 Md John G. Murphy Insulation Division San Francisco R. C. Schiedt Jr. Insurance Department Lancaster Jack H. Cuthbertson Social Security 572-24-8568 July 20 1955 AIR MAIL Our files produce the following record of employment for the above named asbestos workert 9/27/49 to 10/5/19 9/6/50 to 12/23/t5o0 12/221/2/5201/11 to Out 4/3/51 12/22/51 to 12/26/52 4/231/2/262/522 Out 5/9/5t2o 9/2/52 2/24/4/2 9/2/52 12/27/32 to Out 9/2/53 to 10/26/53 12/25/53 to 7/22/56 2 weeks 16 weeks 50 weeks No work 49 weaks Due to strike 45 weeks Biok 29 weeks Dutt 7/24/54 On Exhibit fl we have listed all the contract mumbers on which Cuthbertss worked during the calendar year 1953. In addition we have listed each fiscal payroll week during which he might have worked one or more days The InsulationInsulationInsulation Division informs us that all contracts were magnesia covering except those marked otherdse Exhibit 2 indicates with whom we had the contract and where located in California Exhibit 3 lists some of the men who worked with Cuthbertson on the contracts indicated We believe your records would indicate the more reomt addresses of these mem Although you requested similar information for all of Cuthbertson's Cuthbertson's employment the above applies only to the year 1953. Considerable time was involved in obtaining this 1953 information most of which had to be taken directly from the payrolls We of course vant to supply Travalers with all the information necessary to defend a claim of this kind Howev inetr he writer's experimes we have never been asked to supply the detailed infor nation requested by Mr. John Wallace John G. Murphy - July 20 1955 We have notiof ur i bre okd er V. L. P. Shriver Agency representing Standard Accident Insurmee Company regar thd isialnaign AJP Enclosures Mr. J. B. Fannon & AlexaAn led xae ndr er Balti2mo Mdre R Inc. 503 St. Paul Place Di not nod t sen 7 of these copie Memorandum in Duplicate with enclosures Ontract No. Yock EndiDnag te ee 16553 1/25/53 Ahi 2/4/53 16759 a (sa 7/5/53 2/4/33 16801 6/22/53 6/14/53 Covering 168719 27000 2/11/53 6/24/53 Contract No. Week Ending Date F449.8.900) = 6/22/33 6/22/33 2700/21700/1 2/72/53 270013 2/25/53 1/25/5 270045 8 amotama 4/5/53 3/24/53 Corte- Corks board = Covering 270093 2/22/53 Beges 3/22 4/26 E 4/26 12/27 9/6 270101 5/3/53 Fibre- glas 2701.97 7/12/53 7/297/29 1/8 11/29 James A. Faxio Oakland J. H. Pinkerton Co. B. F. Andargon & Nows Inc. 8. Y. Zettles Inc. 8. 7 Hollanshan Co. 8m Mates Broadway Plumbing 8. Y. Atlas Heating & Ventilating Co. 8. Y. George M. Wianhols 8. F. Hollenshan Co. & F. Nallamahen Co. S. F. Cahill Bros. 8. F. Boards Dairy Delivery 8. F. Western Plumbing & Heating 8. F. Hantery County Plumbing Co. Oakland Bai01o1 Cno. of Calif & F. Location Hapa State Hospital Imola Elegan Jr. High School Vallejo State Department 8. F. Moffett Field U. 8. Army Eden Township Hospital Castro Valley Olympia School Valleje Eden Township Hospital Castro Valley Emters Point Housing B. 7 Travis Air Force Base Fairfield Travis Air Force Base Fairfield 3. F. Brewing Corp. 8. 7 Boardmans Dairy Delivery Oakland Sacramento Valley Transitter Station Winter V. S. Army Air Base Camp Beale UniOiol Cno. of Calif Oleum Refinery Rodeo Armstrong CORK CORK --N FPFY NY John G. Murphy Insulation Division San Francisco R. C. Schiedt Jr. Insurance Department Lancaster Jack H. Cuthbertson Social Security 572-24-8568 LANCASTER PENNSYLVANIA PENNSYLVANIA July 20 1955 AIR MAIL Our files produce the following record of employment for the above named asbestos workers 9/27/49 to 10/5/19 9/6/50 to 12/23/50 to 12/22/50 12/21/51 4/3/51 Out to 12/22/51 to 12/26/52 Out 5/9/52 to 4/23/52 12/26/52 6/2/52 12/27/52 to 12/24/53 Out 9/2/53 to 10/26/53 12/25/53 to 7/24/34 2 weeks 16 weeks 50 weeks No work 49 weeks Due to strike 45 weeks Siak 29 weeks Quts 7/24/54 On Exhibit f we have listed all the contract numbers on which Cuthbertson worked during the calendar year 1953. In addition we have listed each fiscal payroll week Insulation Division except those marked during which he informs us that otherdse might have worked one or more days all contracts were magnesia covering The Exhibit # indicates with whom we had the contract and where located in California Exhibit # indicated lists some of the men who worked with Cuthbertson on the contracts We believe your records would indicate the more recent addresses of these nm Although you requested similar information for all of Cuthbertson's employment the above applies only to the year 1953. Considerable time was involved in obtaining this 1953 information most of which had to be taken directly from the payrolls We of course want to supply Travelers with all the information necessary to defend a claim writer's experience we have never been of this kind However in the asked to supply the detailed infor mation requested by Mr. John Wallace John G. Murphy -2- July 20 1955 We have notified our broker V. L. P. Accident Insurance Company regarding Shriver Agency this alain representing Standard AJP Enclosures Mr. J. E. Fannon Alexander & Alexander Baltimore 2 Md 2 Inc. 503 St. Paul Place Armstrong CORK COMPANY COMPANY COMPANY COMPANY COMPANY COMPANY John G. Murphy Insulation Division San Francisco R. C. Schiedt Jr. Insurance Department Lancaster Jack H. Cuthbertson Social Security 572-24-8568 LANCASTER PENNSYPENL NSYLVV ANIAAPEN NNSI YLVAA NIA July 20 1955 ALR MATA Our files produce the following record of employment for the above named asbestos workers 9/27/49 to 10/5/49 9/6/50 to 12/22/50 12/23/50 to 12/21/11 4/3/51 4/23/52 Out to 4/23/52 12/22/51 to 12/26/52 Out 5/9/52 to 6/2/52 12/27/52 to 12/24/53 Out 9/2/53 to 10/26/53 12/25/53 to 7/21/54 2 weeks 16 weeks 50 weeks No work 49 weeks Due to strike 45 weeks Sick 29 weeks Jutt 7/14/54 Exhibit 1 we have listed all the contract mumbers on which Cuthbertson workedduring the calendar payroll week during year 1953. In which he might addition we have listed each have worked one or more days The Insulation Division informs us that all contracts were magnesia covering except these marked otherwise | Exhibit 2 indicates with whom we had the contract and where located in California Exhibit 3 lists some of the men who worked with Cuthbertson on the contracts indicated We believe your records would indicate the more reomt addresse8 of these non Although you requested similar information for all of Cuthbertson's employment the above applies only to the year 1953. Considerable time was involved in obtaining this 1953 information most of which had to be taken directly from the payrolls We of course want to supply Travelers with all the information necessary to defend a alain of this kind However in the writer's experience we have never been asked to supply the detailed information requested by Mr. John Wallace John G. Murphy -2- July 20 1955 We have notified our broker V. L. P. Accident Insurance Company regarding Shriver Agency this alain representing Standard AJP Enclosures Mr. J. E. Fannon Alexander & Alexander Baltimore 2 Md 2 Inc. 503 St. Paul Place Nextract No. Ending Date 16859 1/25/53 1/4/53 2D... 16759 aoR 7/5/53 2/4/33 16821 = AGO 6/22/53 6/21/53 gt 2700 1/21/1530 6/24 bntract No. Anding Date SER0SR, 6/22/33 6/22/33 270041 zs 270015 770069x2 2/72/530 2/72/530 22/25//5325/53 Ws 2/22 Wis 2/22 3/2 3/8 4/5 3/24 W939 4/2 W12 4/5/53 5/24/53 5/24/53 Covering oR? 5/24 9/% ra 6/14 Pf8/23 8/23 9/6 11/25 11/22 11/29 12/6 ws 12/612/6 12/20 12/27 370093 2/22/53 12/20 2701.01 9/3/53 Fibre Las 27019 22 Contract wit 46553 James A. Fasio Ockland Ockland J. H. Pinkerton Co. 8. F. Anderson & Rowe Ins 8. 7 Hastorf Inc. 8. F. 27001 2700050 McClenahim Co. San Mateo Broadway Plumbing 8. F. Atlas Heating & Ventilating Co. B. F. George H. Elenhols 8. F. McClenahan Co. & F. McClanahan Co. 8. F. Cahill Bros. 3. F. 27006912 Boards Dairy Delivery S. F. 270093 Western Plumbing & Heating 5. F. Monterey County Plumbing Co. Oskland 270157 Union 011 Co. of Calif 8. F. Leastia Napa State Hospital Isola Hogan Jr. High School Vallaje State Department S. F. Moffett Field U. S. Army Eden Township Hospital Castro Valley Olympie School Valleje Eden Township Hospital Castro Valley Hunters Point Housing S. 7 Travis Air Force Base Fairfield Travis Air Force Base Fairfield S. F. Brewing Corp. 8. 7 Boards Dairy Delivery Oakland Sacramento Valley Transmitter Station Winter U. 8. Army Air Base Cap Beale Baion Oil Co. of Calif Oleum Refinery Rodse Contruct No. Week Ending Date p2 e s 46553 2/25/53 sen 2/4/53 2/22 ve V2 4/5 See/19 6/17 16759 7/5/33 VW33 | Ahi, s685, 6/22/53 6/24/53 Covering 16879 270001 1/11/53 6/14/5 Contract No. Yock Ending Date xmoom, 2700/1 89 6/2/33 6/2/336/2/33 2/72/53 2/25 2700/3 270015 2/25/53 4/5/53 2/25/53 Cork- 2/15 270069X 270091 5/24/53 Coxk Covering 2/22/53 2701.01 5/3/53 Fibre ges 22 7/19 11/8 3/15 v8 SSCa8 SER 12/20 12/20 whl we Contract Wit James A. Fazio Oakland J. K. Pinkerton Co. 3. F. Anderson & Rowe Inc. B. F. Battles Inc. 8. F. McClenahan Co. San Katso Broadhay Plumbing 8. F. Atlas Heating & Ventilating Co. B. Y. Goorge H. Wienhols S. F. HotLmahan Co. 8. F. McGlenshen Co. 8. F. Cahill Bros. 8. Y. Beardama Dairy Delivery 8. F. Western Plumbing & Heating 8. F. Monterey County Flashing Co. Oakland Union 011 Co. of Calif 8. F. Locatio Hepa State Hospital Inola Eagm Jr. High School Vallaje State Department S. F. Moffett Field U. 8. Any Eden Township Hospital Castro Valley Olympie School Vallejo Bim Township Hospital Castro Valley Emters Point Housing 8. 8 Travis Air Force Base Fairfield Travis Air Force Base Fairfield 8. F. Brewing Corp. 8. F. Boardams Dairy Delivery Oakland Sacramento Valley Transmitter Station Winter B. 8. Army Air Base Camp Beale Eni01o1 Cno. of Calif Oleum Refinery Rodeo Steela am 46699 270043 || | 270043 27006982 46051 2700.57 ; al LL LL | SC SC SLAYZ SC SLAYZ , . 46859 14687 | . Niaa{\ oan ._ _ H _ ~ bow x ~ ot + - _ ee Le naetim fenFH 4 t\ oo ~~ _ 4 116-26-5 116-26-5 | lee i| 9/21 195 en _ N 4| 1 4 25-53 / 6 383-853-5338-53 e pnt 38-53 38-53 25-53 CrystalCrystal Crystal Crystal Crystal i e i . - :es e e s e -_ os z ' t Crystal i i Fish Lake FishFish Crystal Lake Fish | | { ; - ~ 4 H cage on ; ep Eh ES e OR =_ ' . ~ ~ _ Be - = ot _ bo woh - eos e oe e e e . a4 ones Se Do mae oor mewn Aeamincb Be ennh eh ee De $e e ~ be in i 4 t we o wd , ce e nah ' i e 4 . fous _ t =p + ; |t i ahte -. , = - a omens et YEAR - 1953 Cuthberter Cuthberter Cuthberter Cuthberter Cuthberter Cuthberter Cuthberter Cuthberter CONTRACTS Account NumbeR Holback - 2254 Holback Dr. Concord Concord , brief brief . AND 572-24-8568 572-24-8568 572-24-8568 NumbeR NumbeR t 1. 467711H HE777 46879 468/79 466997 2 27004237043 yy. le ot teli. o etrs ne e cae @ 7-0 Alone Steele Ste le PattisonPatison Alone i 40 400 471-26-8 471-26-8 a b SE + are 4 573-165047 471-26-8400 471-26-840 471-26-840 . 573-16-5504573-16-5504 . en i Trance an $ :t \ ; i H, rs ! t S : i acer } + 4 + i : 4 2-1-53 2-1-53 2-1-53 246041 aig Alove Alove i ~ ~ r + 24:00:41 276043-- 2-15 2-15 270641 270-043 270-043 -- _ -46699- -46 9 - Steele 0471-26-40 0471-26-40 0471-26-40 RichardRichardRichard MARTIANSMARTIANSMARTIANSMARTINSAN 5 9-2 -5307 CuthbertsonCuthbertson -568-287686 270.043 - ry id . -270093- ' _ ' a . 1 o i ey + i Cuthbertson Cuthbertson Cuthbertson Cuthbertson * Merke Steele c a eee ee corr, ron 1 3-15 -4- : >| Cuthbertson ( ClasAdyClassAdy ClassAdy 526-14-3061 i re + nach Cuthventor nach Cuthventor Cuthventor Cuthventor _- dong + tog a t 4 sors t i genrs -46699-46-9- Hy 1 | /900 43- 43- + er , i To ge 270441 ens ar 41- i -376-101 5-10 5-11 t Second -- -- ---- Associats Asociats Worker Worker Worker Account Account Robert Robert Robert Cuthberton 568-28-7686 pe ae Alone i me Rbest Rbest Alone pe - Worked Worked Alone Pober + + pe cate we . ra ie wes Robeli Robeli ti remy ~ ey SE ema cites 2ouls Livjan 525-+65-7396 e acdedna to 525-057376 525-057376 Ce MARTIANDY MARtland MARtland at Alone ge -Worked -Worked Alone . . . Kenneth HilyARDY HillyARDY HilyARDY 159-07980 . sacrebow . : t i an hea Fake pe ~ A Lyster tain BARtholomew B. LysterLyster 748-169302 Worked Worked Alone . Toeniae fet e Judson G. Fleming l 56-03-318056-03-180 eutaemn } cre } ealitdcon p 'ahaorf ele re ee53-127-12 53-127-12 53-127-12553-127-12 5 3-127-12 553-127-12 - he se pe; . + i . . Third Page Page - 1953 buthinton buthinton buthinton buthino 1 King KingKing _ CONTRACTS CONTRACTS is 557-09-7635 rpmen 1-25-53 1-25-53 1 27000571- 27000571- Sick ASSOCIATE WORKERWORKER AND Account Account Number ThoRN Sidney Sidney iif. 57-09-7635 1 .{ 43 eh Beck ges 7-12 -46.759 -46.759 --- Sic George | 557-01 557-01 557-01 9221 r -296-457-296-457 |. | _EAR ~ ||| one567-40-5157 * er 7-19 70.157- 70.157- oi): Lp John C. MYERS Will 556-10-0134 556-10-0134 -296457 2 toad ger et 270041 |i] GAY IRWIN 564-09-5623 eae Can - a om 8-2 8-2 + 270041 Sati [REL {iif ce 564-09-5623 564-09-5623 - 59-2307 | XN 8-9 270041 U[ bf il] -RICHARD MARTLAND . ward eI 27041 8-16 . 270941 Jd on re ir - TM gb Pye | a4 ane -270043- |. - _ | R.best | . hans - - 4 8-23 8-23 27.0041 27.0041 . | Worked Worked Alone L 4 ~ - 14 oe . 47 27043 270043 240041 240041 240041 290043 290043 290043 sick out sick 42 out out . . . . . , 2 .. | John Myers |W} . 556-10-0134 Richard Nelson Nelson . 462-24-2856 462-24-2856 ef John Myers [Wi] 1556-10- 156-10 1556-10- .t - tt pe Lo 11-11-1 11 11-15 11-22 -270043-270043 3170043- 3170043-3170043- . 270157 270157270157 270157 270157 270157| + 2/700/41 2/7041 2/700/41 2/700/41 2700 | i . Pek. . - , H 1 uk 1 toa . ott 4 gebn : " eee eee H ye a Loyal Loyal BloXAM up | peo " Y. " . . " a q . H ART 1, | ART McClure H |. | 442-01-1118 42-01-118 . t | i | i of : a r t fe ed e - - I ~ {1 fo t T Oe e - = ee 4 + 7h of i i + + fiboa- 4 of + nop | seem i : i i | Fourth Page - 1953 Cuthberton Cuthberton Jack Jack Contracts Week Contracts Bloxam 11-29-53 Tt Lean Ending i 2/7 11-29-53 2/7 2/700/41 Beactbiwn Loyal n+ ce 770441- 770441- 12-6 770441- woe 567-243 e . ee . ART 12-13 12-13 2/40 /43 12-20 12-20 wane { 2 ft 2/40 /43 2/40 /43 2/403 ee 4 ee ee Gen e Der 2/403 2/40/43- ebREAS ASL. 12-27 043 pai +s 1$ RenB ie + Le men o.o 4-8 e 1 e - oe an # e e te. e e 043 ne ee e 4 by Loyal Asociate WORKER ANd Account Number NumberNumber Associate 567-243 567-243 - Re 567-246237 567-24-6235767-24-6237 + 567-24637 crem oes e a | . ate 3. " od e McChiRe -~ Loyal | Yi Bloxam i . Y'| os ee e at yi - te he {7 e 1 42-018 567-24-6237 me 567-24-6237 56-24-6237 567-24637 567-246237 567 4-6237 Pe 567-24-6237 ee Ses CAE. <i i1 7 tR. e es a :| 4 e{ en Soe a L | e 3 ~ a om ~+ a e oe - 4 e a oe ~ oe wae ya parne e 2 | + aoe e e en 4 ~ 7 Beno 1. mecaper peop i meme pe nod Dean we ebe te ry Be re z e -~ t_ e we twa t se Bde as $ -- t a t i -# | - e -~ ~y . t . t a s we e Boe eeb ~ e - 1 + ab $e wes sane ae ~+ e e * e Sa be tes ee i -i ~ pt - Sv , Sen t om 4 + Awe ds Ee i| + we ' - $. 4 ep e ei aneanil fo} tec + i tt trDe We, i {t + \ { ' i1 11 it ' Fo Se i se e to prs e le ~_- a ae " ~ e eS ren . | oe i1 anieSee t pnen aeet oe -fe . if nei GE r poh metet - - qome . + Jowe b ea 4 fH a 4. we e pe+: , 4 i + af tr e4 -e i 3 _ ,- yoyt Before the 1 ot BLDG RECO RECO RECO _ FRANCISCI ty ro v2 FRANCISCI EV Industrial Accident Ce ommission of claim the State of California wit Cuthber JACK CUTHBERTSON LO Applicant VS. CORPORATION PUBESTOS PUBESTOS PUBESTOS PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG CORK COMPANY MUNDET CORK CORPORATION ILANT ILANT COMPANY WESTERN ASBESTOS COMPANY J. T. THO PAND SUN and TRAVERS INSURANCE COMI KNY INDEMNITY CONFANY STATE COMPENSATION COMPENSATION INDUSTRIAL INSURANCE FUND PACIFIC EMPLOYERS EMPLOYERS CALIFORNIA COMANDATION COMANDATION COMANDATION INSURANCE INSURANCE CO and CO , Defendant 5.F. CLAIM NO . 5.F16. 1-870 Notice of Time and Place of Further Hearing NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the entitled action at 965 Xission Street San Francisco California on the 7th day of September 1955 at 9:00 o'clock a.m. to complete the record Dated at : San Francisco California this 22nd day of June 1955 INDUSTRIAL Edmund NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED ACCIDENT COMMISSION Employment 55-403 SERVICE UPON Department of Occidental Life Ins 6 55-403 Calif F S. 0. Fox 1857 Oakland Calif Co. 300 Montgomery St. S. John 3. Negrette Jack Cuthbertson 2284 Holbrook Drive Concord Calif Smith & Parrish 1616 Financial center oldg Oakland Calif Plant Lubber ^ beatos works 5309 Horton St. Ameryville Calif Armstrong work Co. 1355 Market St. 0 de Mundet workCorp Brannan ... ... X. St. Plant Asbestos Lo 3309 Horton St. Yestern sbestos Co. 675 Townsend Emeryville 3. . Calif J. 1. Thorpe & Don Emeryville Calif Cork Insulation c Address unknown Travelers ins o Latham quare Bldg Oakland Calif Industrial Indem.co Indem.co 350 Sansone t . ie State Fund Farsonal Service Leonard Henna & trophy 100 ushes Pacific uwpe ins Mallen & Filippi 315 Montgomery ushes 0 Po t0 . FORM 400 REV 9-81 6136 10-84 70M SPO ee 949 1950 1451 1952 1952 19531953 1954 9-27 9-27 to 9-66 9-66 wr wr yr ex \, 10-5 Calif a beet dre, 12.22 12.22 12.22 12.22 16 weken 12-23 12-23 12-23 CoCo out 12 .21 4-3 to weeks 50 " work 4.23 nowork 12.22 12.22 5-906-2 12-26 , weelez atrib atrib 12-276 12-276 7 12-24 12-24 ont sich wahin 45 wahin wahin 4-210-26 4-210-26 4-210-26 4-210-26 wak 12.25 - 7-14 quad 29 ee Inter - Office Communication a Armstrong Cork Company qearcecerrErRAeOOTEED To From Insurance Department Lancaster July 8 1955 John G. Murphy Insulation Division San Francisco Subject Jack H. Cuthbertson Social Security 572-24-8568 955 WLN The writer is enclosing our file concerning a current claim by the papers above listed former employee together with the information Please return these requested below Mr. John Wallace of the local Travelers Insurance Company today requested a record of employment for the above con- struction employee This list should indicate period of em- ployment location on of each job contract He would contract number name of job and further like to have names and addresses of other employees on each job for the purpose of establishing the working conditions Mr. Wallace also requested us to send a letter to our insurance carrier for 1951 with a copy to him advising them of this claim and asking them to contact the commission for the date of the next hearing and to represent us at the hearing If this is in order please advise MR Encl Form 3377 8-46 March 23 1955 workmen's of correspondance concerning a potential We are enclosing copies individual In all compensation alain of the mentioned contained in these have most of the information of our letter to the Travelers SanneFerdantchiesmco you should WBHAIT WBHAIT Enclosures Assistant General Manager March 23 1955 Your letter of March 10 addressed to our San Francisco office has been referred letter us for reply Speci youfrei quec stea d inl forl maty ion concerning the dates and conditions of employment for the period Mr. Outhbertson was employed by us in our contract operations As far as the conditions of employment are concerned they would be the average type encoun intinedur ste rid al insulation work with corkboard sork covering and magnesia pipe covering being the primary materials handled information we suggest you contact Mr. Murphy of our San in to furnish Mr. Outhber datt essoo f n emp' les y / ment to a degree which should be satisfactory He was emplo iny1e 94d0 1941 and 1942 but the extent of his employment during these years is not knows because our records have been destroyed He came back to work in 1949 and worked continously with the exception of the following periodas In 9/27/19 Out 10/5/49 Im 9/9/30 ss Out 4/2/22 In 1/23/11 Out 5/9/52 In 6/2/52 Out 9/2/53 In 10/26/53 Out 7/26/36 The Travelers Insurance Company e2e Mar 23c19h 55 If you need my additional information please call on us Very truly yours ARMSTRONG CORK COMPANY Insurance Department WEIL ATP Wallace B. Hofferth Assistant General Manager Copies tos Baltimore 2 Md Mr. J. G. Murphy Insulation Division San Francisco Inter - Office Communication Armstrong Cork Company To From Insurance & Real Estate Department Lancaster J. G. Murphy Insulation Division San Francisco March 17 1955 Subject Jack H. Cuthbertson Travelers File 7585259 a 7-14-54 Reference is made to our letter of November 8 1954 to the Travelers Insurance Co. a copy of which is this letter Travelers advised the writer to place of accident unknown This was done attached As a result file an accident report on November 10 1954 of with Since that time various hearings have been held on the subject letter Under from The date of March Travelers 10 1955 we received the following WPH 8/21/55 8/21/55 8/21/5 8/21/55 The above captioned case will be set for another hearing before Industrial Accident Commission in the iterim we desire information from your records Will you please give us a complete run down the dates of employment and the conditions of employment that is what materials were worked what ventalation was offered etc. as to with . We appreciate that Mr. Cuthbertson worked for your for about three and one half years and that our request might entail difficulty in fulfilling We appreciate information you are able to give to this office any Signed K.M. Norris Compensation Adjuster With reference to conditions of employment materials etc. it would be the average type encountered in Industrial Insulation work for our is is suggested files you answer this inquiry direct with a copy pipe JGM Form 8877 8-46 10 / 20 / back 9/27/49 9/27/49 10/5/49 10/5/49 -- - - . _ *- fl 4/23/81 4/23/81 4/23/81 fl 5/9/52 OH - 5/9/52 9/2/5 / - / / -/ " fl pigs 4 AS en w.C. The 315 San Travelers Insurance Co. Montgomery St. Francisco California _ oo Attention Subject Clain Department Jack F. Cuthbertson Social Security 572-24-8568 572-24-8568 Gentlemen The above man quit on July 14 1954 Armstrong as an Asbestos Worker more than weekly earnings of 120.00 per week after being employed two years with prox by Mr. His wife called this office November 4 1954 stating that Cuthbertson had recently undergone a lung operation caused by asbestosis No further clarification was given writer writer is passing along the information for the in case call but the of any future Very truly yours ARMST RONC CORK COMPANI Insulation Division John G. Murphy Construction Supt Blind copy to Insurance and Real Estate Dept. Lancaster John S. Taylor Insulation Division San Francisco Note to Insurance Dept Ji Reference is made to correspondence between San Francisco branch J. W. Liddell Insurance and Real Estate Dept. Travelers Insurance Co. dated Standard Accident Insurance Company is Co. March 6 13 16 1953 re Harry M. Kish who from apparently died asbestosis on March 19 1952 with the outcome of tht The writer is not familiar claim but perhaps the phone call would indiente r similar claim in the future 7 OF EMPLOYER'S REPORT TO INDUSTRIAL INJURY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH Every question must be answered fully to avoid further correspondence FAILURE TO FILE IS A MISDEMEANOR SUBJECT TO MAXIMUM FINE OF 100 Labor Code Sections 6407-6413 Claim Department THE TRAVELERS INSURANCE COMPANY 315 Montgomery St. San Francisco 4 Calif Please make this report in DUPLICATE so that we can file copies copies with Division of Labor Statistics and Research in your behalsfervices other than first Every work injury to an employee which causes disability lasting longer than the day of the injury or which must be requires medical services made by telephone oror telegraph directly aid treatment must be reported within five days after the injury If the injury results in death a report be to the Division of Labor Statistics and Research not later than 24 hours after death DO NOT WRITE EMPLOYER IN THIS COLUMN -_ Give name under which 1. Name concern does business No. and Case No. 2. Office address Street ... Manufacturing shoes shoes 1355 retailing murheet men's men's 3. Nature of business clothes trucking for hire etc ) meer Employer No. EMPLOYEE INJURED Jack 4. Name 2 Jack Jack Jack Cuthberts Jack 5. Address No and Street .- 2284Holbrook Holbrook Cuthberts Cuthberts Cuthberts Drive 22 State and State Concord Concord Industry 6. Age 7. Sex Check Male . Female. a Check Married 9. Number of hours worked per day ......... 8 8 per week 40 40 10. Wages $ ... 3.175 3.175 3.175 per hour or $ 25.2 40 5.40 25.40 25.40 25.40 _ per day or $ Number of days worked per week p 127,00 127,0 per week If earnings at irregular rate such Ago VARIED VARIED 11. as piece work or on commission basis enter actual average weekly earnings for convenient period If board lodging or other advantages furnished in addition to wages give estimated value $ not to exceed one year day or $ eee ca cee ..per ..per ..per week Sex and Marital ACCIDENT ACCIDENT ACCIDENT No. No. andand UNKNOWN UNKNOWN Cl 12. Place of accident or Street 13. On employer's premises No UNKNOWN Cl Cl . 2... + 14. Department .... 15. Date of accident accident eve e ccc ce cee terete wwwwww 16. Hour of Yes or No 18. If yes give date last worked day A.M./P.M County ee Weekly Wage 17. Did Injury result 19. in disability Was injured beyond paid in day of County County full for this day Yes or No 20. If injured in a mine check accident location Surface Mill Underground ..... .. Shaft Accident Date ASBESTOS CAUSE OF ACCIDENT 21. Occupation job title .... - ASBESTOS ASBESTOS ASBESTOS WORKER WORKER WORKER WORKER occupation Check briefly Less than months Describe press occurred drill 6 6 months to 2 years ; over 2 years 23. briefly such as loading truck ope,ratoingperating shoveling dirt walking down stairs etc. NSULATING NSULATING NSULATING 22 What How long employed by you at this ee employee doing IPES IPES when , accident Occupation ALLEGEDLY ALLEGEDLY 24. TTAARRIILYLPYool QUIT object who most AcNoM llecAteA d AFNT AEFEEF F RM O INaR mA e EMPLOL YESIMILEMAPLOR YEE 25. whether the injured person struck etc ; give all ALLEGEDLY fell space Describe fully stating Use other side of report for additional ALLEGEDLY ALLEGEDLY How did the accident happen factors contributing to accident WORKING CAUSED ASBESTOS QUETe WORKING CAUSED IS - " EMPLOVY OLE UNE - WITH INSULATION INSULATION INSULATION INSULATION INSULATION Name the specific machine tool appliance ALLEGEDLY ALLEGEDLY TYPE substance substance aliquid etc. involved aliquid YER YER . " nce vou ceceuseuemepe see qamsanssnnerennaty 0 reresees ris ceaesas ( State if , pulley 26. 27. 29. If mechanical apparatus or vehicle what part of it State Were mechanical guards or other safeguards provided accident specific What do you recommend for preventing this type of motor etc. Yes or No se State the not may By Yes - 28. Was injured using them No preventive measures that can be taken by being more careful Specify what should or on. oe ee ene eecesees sree reenteeeeceee employer and workers or should not be done Accident Type Agency Agency Part ooo Mech Defect EE Unsafe Act NATURE OF INJURY INJURY Describe in detail detail the 30. of right index finger finger at AND PART OF BODY AFFECTED nature of the injury and the part of the body affected second joint fracture of ribs lead poisoning dermatitis For example amputation of left hand etc. UNKNOWN UNKNOWN 31. 31. Name and address of physician 32. 33. 36. 38. hospital Name and address of ...... - Yes - or Has Did employee returned to worYkes injury result in death No No or . ..---- 37. 34. If yes give te If yes give date_ In case of death give name and address of nearest relative 35. At what wage $ per a Personal Defect ee Nature of Injury ~ Location errant Extent of Injury 39. Names and addresses of witnesses .. 22 neeceee cecenee ne ne creeeees sctsenereenenennmmmennrnrte etter en oI Insurance Insurance Carrie Na Na report 1.1-10-54 40. Is injured related to Employer -..... If so how Date of this r sae + John Signed by John John John John John S S l Vite nt Signature ety... Official position GR . tate! . + 4587 Rev 7 53 PRINTED USA Filing of this report is not an admission of liability No report of injury required to be or an insurer by this chapter shall be be admissible as evidence in any adversary cbeyedainngembpelfooyreerthe Industrial Accident Accident Commission Labor Code Section 6413 filed pro- . Report Lag _ Coded by EMPLOYER'S REPORT OF INDUSTRIAL INJURY INJURY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STATISTICS AND RESEARCH Claim Department THE TRAVELERS INSURANCE COMPANY 315 Montgomery St. San Francisco 4 Calif Every questmi uso t n be answered feunlc lye FAILURfurEther correspcoresopond-ndcore-spondTO MISDEMEANOR FINE SUBJECT SUBJECT Labor Code Sections 6407-6413 111-11-155--5544 filed filed note 11-15-54 red alain alain Please make this report in DUPLICATE so that we can file copies with Division of Labor Statistics and Research in your behalf telegraph Every work injury to an employee which causes disability lasting longer than the day of the injury or which requires medical services services aid treatment must be reported within five days after the injury If the injury results in death a report must be made by telephone or to the Division of Labor Statistics and Research not later than 24 hours after death Reston lirst EMPLOYER Give name under which Armstrong 1. Name concern does business No. and 1355 2. Office address MMarketarket Cork Co. Co. St ae City CTityown _ _ San San San Calif F Francisco rancFrancii sco sco . Calif Calif Manufacturing shoes retailing men's 3. Nature of business clothes trucking for hire etc. Industrial Insulation cesses pee ve erent eee ae INJURED EMPLOYEE 4. Name Jack Cuthbertson ... - 5. Address No. and Street 228 Cuthbertson228 Holbrook Holbrok Holbrook Drive 6. Age 26 w . . 7. Sex Check Male State City and ~ Female 8. Check .Soc Sec No 572-24-8568 572-24-8568 Concord Calif Married Single 9. Number of hours worked per day 8 .. 25.40 i per week 40 127.00 Number of days worked per week 10. Wages ... 3.175 3.175 .. .. per hour or $ - 25.40eeveseecnveeese per day or $ 127.00 127.00 per week If earnings at irregular rate such 11. as piece work or on commission basis enter actual average weekly earnings for convenient period not to exceed one year If board lodging or other advantages furnished in addition to wages give estimated value varied _ per day or $ seus per week ACCIDENT No. No. andand Unknown 12. Street 13. Place of accident On employer's premises or No ene ee . 14. te ceeecases sees sense City City or Town Department County DO NOT WRITE IN THIS COLUMN Case No. Employer No. . Industry AgeAge Bex and Marital Weekly Wage 15. Date of accident this day accident Yes or . YesYes or No ee ee ee 16. Hour of day _A.M./P.M 17. 18. give If yes give date last worked.. 20. If injured in a mine check accident location Surface ..... Did injury result in diability beyond day of 19. Was injured paid in full for Mill ._... Underground " _ Shaft CAUSE OF ACCIDENT 21. Occupation job title . . Asbestos Worker vases occupation Check briefly Less than months etc. occurred Describe drill press briefly such 6 as to ; 6 months loading tructk ruckoperating shoveling dirt walking down stairs 22. How long employed by you at this InsulatinyegarsDucts and Equipment 2 years _ ; over 2 23. What was employee doing when accident Equipment , County . Accident Date Occupation stating whether injured person was struck all 24. eee eee How did the accident happen Describe fully the fell etc give factors contributing to accident Use other side of report for additional space Allegedly caused caused Asbestosis due to working with insulation material Duployee quit onempl typeo work wy ith anoe ther r . 25. ; a wee What machine tool substance or object was most closely connected with the accident specific machine Name the gas liquid etc. tool appliance involved appliance eeeecceceeceeseneeneeneee 26. 27. 29. STs nee rreneeneee senceres res reer eee Sta ift geae rs erence If mechanical apparatus or vehicle what part of it pulley motor etc. tecescneenesees ceneeacnans se ceeeeeee provided Were mechanical guards or other safeguards provided Yes or No oo. ceeenn .. 28. Was injured this ac ident What do you recommend for preventing this type of accident specific State the not say preventive measures By being more careful of cee eevee ceseeres vetee oe Yes using them No that can be taken by Specify what should or employer 2 cece cceceees cecnseenenetuenes employer and workers or should not be done wens dete ce eeeeese ceneese sonssnnesaees teneseese Type AccidentAccident Type Agency . AgencyAgency Part Mech Defect Unsafe Act NATURE OF INJURY Describe in detail the 30. of right index finger at AND PART OF BODY AFFECTED nature of the injury and the part of the body affected second joint fracture of ribe lead poisoning dermatitis For example amputation of left hand etc. Unknown 31. Name and address of physician ... eee ce cette cee cestescmmemnenetenetannvonsensamener sraeeee 32. 33. 36. 38. Name and address of hospital _...... Yes or work Has employee returned to No Yes or ceeee Did injury result in death = No .. . 37. 34. If yes give date If yes give date In case of death give name and address of nearest relative cceteseneee 35. At what wage & per Personal Defect Nature of Injury Location Extent of Injury 39. Names and addresses of witnesses 22 we eee - a Insurance Carrier 40. injured related to Employer Mo... ... ....-- so how Signed by oe. Af wm Date of this report _ 11-10-54 cesseeree ee conenaeceees Construction Supt Official Construction Supt_ 4587 Rev 53 PRINTED USA Filing of this report is not an admission of liability No report of injury required to be by an employer insurer by chapter shall be admissible as evidence any adversary ceeding before the Industrial Accident Commission Labor Code Section 6413 filed pro- o Report Lag Coded by November 8 1954 The 315 San Travelers Insurance Co. Montgomery St. Francisco California Gentlement Attention Subject Claim Department Jack H. Cuthbertson Social Security 572-24-8568 The above man quit on July Armstrong as an Asbestos Worker 14 1954 more than weekly earnings of 120.00 per week after being employed two years with prox by His wife called this office November 4 1954 stating that Mr. Cuthbertson had recently undergone a lung operation caused by asbestosis No further clarification was given writer is passing along the information claim for the in case call but the of any future Very truly yours ARMSTRONG ARMSTRONG CORK COMPANY Insulation Division JGM JM Jong C. Murphy Construction Supt Blind copy to Insurance and Real Estate Dept. Lancaster John S. Taylor Insulation Division San Francisco Note to tm Insurance meen eewnmes a, Dept Reference is made to correspondence between San Francisco branch J. W. Liddell Insurance and Real Estate Dept. Travelers Insurance Co. Standard Accident Insurance Company dated March 6 13 16 1953 re Harry M. Kish who apparently The writer died from asbestosis on is not familiar with the March 19 1952 outcome of this claim but perhaps the phone call would indicate a similar claim in the future BEFORE THE INDUSTRIAL ACCIDENT COMMISSION - OF THE STATE OF CALIFORNIA | : a . * : t an Notice Notice and Request for Allowance of Lien Lien 1998 - . a) FRANCISCO SAN FRANCISCO FRANCISCO . FRANCISCO San Francisco Office 965 Mission Street San Francisco 3 Sacramento Office 631 " Street CLAIM No ONTRITAL ONTRITAL Dil MG 60. OF WALIF LIEN CLAIMANT JACK H. CUTIEPSON Los Angeles Office 501 State Building Los Angeles 12 San Diego Office 1521 Fourth Avenue 503 Market Street Sa 500 califorda ADDRESS 2201 Holbrook trive Concord California California ASTRON CORK EMPLOYER INSURANCE CARRIER in 1355 Mkt St. _ San Francisco Co CalifADDRESS The undersigned hereby requests the Industrial Accident Commission to determine and allow as a lien the sum of tendred Five 07/1 ninety ninety ninety on and ********* Dollars $ 521.07 ) against any amount now due or which may hereafter become payable as compensation to on account of injury sustained by him on June 1973 SATE Jack H. Cuthbertzen EMPLOYEE Cross This request and claim for lienis for rainbuseract rainbuseract rainbuseract applicable for o out parts not conantalfoto foto foto lant Actation Coemxppeansnesy 11 0.33-1 0.33-1 in to foto mudical expenses for mudical Company ee,ee OY Aad Ti Shi ole : paid under The undersigned declares that he delivered or mailed a copy of this lien claim to each of the above named parties on 12-28-54 DATE ui 2020 nace . wt ta Mes hes LIEN CLAIMANT EMPLOYEE'S CONSENT TO ALLOWANCE OF LIEN I consent to the requested allowance of a lien against my compensation compensation FORM 329 REV 11-531 ATTORNEY FOR EMPLOYEE EMPLOYEE 1 2322 84 600 spo > Date Mr.Mus | WHILE YOU WERE OUT TELEPHONED CALLED TO SEE YOU WANTS TO SEE YOU 871 Wobbers Mission St S. Number 8 F. 3 wa pertinent STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISS clain clain 965 MISSION STREET SAN FRANCISCO 3 412 HELM Building Fresno 21 ROOM 200 631 J STREET SACRAMENTO STATE BUILDING Los Angeles 12 ROOM 214 100 E. OCEAN BLVD LONG BEACH 2 1521 4TH AVENUE SAN DIEGO ! JACK CUTHBERTSON CLAIM No. 54 161-870 Applicant VS. ARMSTRONG CORK COMPANY TRAVELERS INSURANCE COMPANY PLANT ASBESTOS COMPANY COMPANY INDUSTRIAL INDEMNITY WESTERN ASBESTOS COMPANY and COMPANY STATE COMPENSATION INSURANCE FUND Defendant a NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM You are hereby notified that an application to adjust a claim for compensation a copy of which is attached hereto has been filed with the Industrial Accident Commission of the State of California You are further notified that said application has been set for hearing at Room 206 1531 Webster Street Oakland California on the 17th day of February 1955 at 2:00 P.M. ALL P.M. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law NOTE The parties are expected to submit all issues in controversy for decision at this hearing therefore all necessary witnesses evidence documents medical reports payrolls and other essential proof must be available and ready for submission at the hearing Dated January January 12 , 1955 1955 INDUSTRIAL ACCIDENT COMMISSION By EDMUND J. THOMAS JR Assistant Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a place of Junct Francisco copy of the application therein mentioned in a sealed envelope in the United States mail on said day place Francisco Francisco California with the postage thereon fully prepaid and addressed to the said parties at their last known residence as follows to wit NAMES OF PARTIES SERVED DATE OF SERVICE Juck Cuthbertson 2284 Holbrook with with & rrion 1020 Financial Armstrong Cork 1o 1355 urtet Dr. Concord Center blig Calif akland 1/12/55 * Calif " t 4 Francisco Calif " Lint asbeston Co. 5309 Horton St. meryville Calif " estern Suestos Co. 675 Townsend St. un Francisco Calif " Travelers ins Co. Latham Square Bldg Oakland Calif " Indus Indemn Co. 350 Sunsome St. San Francisco Calif Calif " State Comp Ins Fund Personal Service COMMISSION COMMISSION OFFICES OFFICES FOR NORTHERN CALIFORNIA EXCEPT SACRAMENTO COUNTY 965 MISSION STREET SAN FRANCISCO 3 FOR SACRAMENTO COUNTY ROOM 200. 631 J STREET SACRAMENTO ONLY FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 801 STATE BUILDING Los ANGELES 12 FOR SAN DIEGO COUNTY 1521 FOURTH AVENUE SAN DIEGO 1 ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case No. 161-870 54 SF Filed 12-21-54 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET BY Employe 's Employee's _. JACK CUTHBERTSON Employee's Address__ 2284 Holbrook Drive STREET AND NUMBER Social Security No. 0. ----- sence a ee Name of Employer 1 -. Armstrong Company 2x Travelers Insurance Company Asbestos Company Name of Insurance Carrier . .. . a 3 Western Asbestos Company State Compensation Employer's TOWN CITY ZONE STATK Address San Oakland Latham Francisco California AND NUMBER SquarET Bldg Emeryville ~ Hund 450 675 Townsendt Silmu St. Insur Townsendt Carrier's Address .-... San Fr^/ncisc^ | ceseaes enFrancisco _ McAllister St. San Franci ZONE STATE Employee's name JackJack Cuthbertson ceeeeee Employee's date of birth Date of your injury Employee's occupation at time of Asbestos worker 0... Place where Breathing injury occurred _.... How did injury occur CITT AND STATE When did you leave work substances course of work barnful to chest and as a result of this injury ._ SeOpctteobmebrer19301953 What part or parts of your body were LuLn unga Lg una ga Full or part time work When did you return to work till disabled and at what wage Your wages or salary before deductions $ -.. . maximper hour or $ per If paid on hourly rate how many hours did you work per week__ Did you receive any of the following Board Yes No Lodging Yes No Tips Yes State their weekly value $ week or $ No Other advantages per month Yes No = Have you been paid any compensation Yes No How much $ TOTAL AMOUNT Weekly rate of payments $ .-...---. -- Date when last payment was made _...- ... 19 Has the employer or theinsurance carrier furnished you with any medical treatment and who furnished employer Date when last treatment was given .. 2... List names of all doctors who have treated you were ' 19 by the University of California Have you obtained any medical treatment at your own expense Yes No List names of all doctors who have treated you at your own expense Yes No or insurance carrier ...... ...------.e . seer ee Are you claiming any of the following benefits Answer Yes or No a .. c Temporary disability payment Ies Ies ----------- Further medical treatment Yes ----- b Permanent disability payment '. ' eee d Cost of your medical expense Iss - mentioned above e List other benefits claimed and not . seen ener No filed Have you ever before filed a claim with this Commission Yes If so when was it __..- ...... DATE 1616 Financial Center Bldg -- - J- ack SIGNATURE OF APPLICANT o December 20 1954 2 195 NOTE HEARING After this application has been fled with the Industrial Accident represented in prison by attorner or other sxODA ANSWER The letendent is erge to tile an anewer within and insurance carrier proprier proprier namedin the application application the suit employer st suit antity the caerius immediately so the proper answer after 10 days aniwer need service be hied can he fled of by Commission the partice will be antihed in writing of the time sad place of hoering Richer party may application a copy of this the relever s that will uning the form furnished for be done by the carrier but that purpose If defendant employer is insur if the insurance carrier is not named then t DATE OF SERVICK SERVICE SERVICE ON ~~ GZ 77 File with pertineant STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION STATE BUILDING Los ANGELES 12 965 MISSION STREET SAN FRANCISCO 3 412 HELM Building FRESNO 21 Room 214 100 E. OCEAN BLVD LONG BEACH 2 1521 4TH AVENUE SAN DIEGO 1 chain ROOM 200 631 J STREET SACRAMENTO JACK CUREMENTSUM CUREMENTSUM -4 4, se Applicant VS. THORED VERS ASBESTOS MUUTKUNG QUEBER AND NUMAS ARJESTUS ARJESTUS NUMAS MUUTKUNG MUUTKUNG PLANT A KUNDET CORK C ASBESTOS ASBESTOS CONK COM WESTERN WESTERN ASBESTOS ASBESTOS a EART ASBESTOS COMPANY COMPANY J. T. THORED THORED , and VERS VERS INJAITY CORTARY CONY INDUSTRIAL INJAITY INOWALLACE INOWALLACE CONY Defendant CRY et al CLAIM No. 161-870 NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM of which is attached hereto has You are hereby notified that an application to adjust a claim for compensation a copy further notified that said application been filed with the Industrial Accident Commission of the State of California You are has been set for hearing at km 206 23rd day 1531 Heuster St. Caxland California on the of May 1955 at 1:30 o'clock p.m. All p.m. and that at said time and place the Industrial Accident Commission of the State of California dispose of the said application in the manner prescribed by law for decision at this hearing therefore all necessary NOTE The parties are expected to submit all issues in controversy be available and ready for submission at the hearing medical reports payrolls and other essential proof must will proceed to witnesses evidence hear and documents Dated April April 25 25 19551955 INDUSTRIAL ACCIDENT COMMISSION By EDMUND J. THUN Jil Assistant Secretary of the Industrial Accident Commission she served the foregoing notice on the The undersigned certifies that as an employee of said notice attached to a hereinafter mentioned at the time set opposite their respective names by depositing a copy parties therein mentioned in a sealed envelope in the United States mail on said day at San San Francisco FranciscForancFriancissco co copy of the application and addressed to the said parties at their last known known places of business or California with the postage thereon fully prepaid residence as follows to wit NAMES OF PARTIES SERVED DATE OF SERVICE see attached sheet Dept. of Employ Box 1857 Oakland Calif 4/25/55 Occidental Life . Co. 300 Montiomery St. 3.P. Calif 4/25/55 Jack Cuthbertson 2284 Holbrook Dr. Concord Calif 2 Smith & Parrish Fin Center Bldg Oakland Calif 5309 Plant Rubber & Asbestos works Horton St. EmeryvilClae l callr Armstrong Cork Co. 1355 Market St. S.F. Mundet Cork Corp. 440 Brannan St. S.P. Calif 5309 Plant Asbestos Co. 5309 Horton St. Western Asbestos Co. 675 Townsend St. Horton Emeryville S.F. Calif J. T. Thorpe & Son Emeryville Calir Travelers Ins Co. Latham Square Bldg Oakland Indus Indem Co. 350 Sansome St. S.F. Calif Calif Fund State Comp Ins Personal Service Pacific Employ Ins Co. 3770 riedmont Oakland Calif Ave. " Calif Compensation Ins Co. 28 Cenry St. S.P. calls VWX COMMISSION OFFICLS OFFICLS FOR NORTHERN CALIFORNIA EXCEPT SACRAMENTO COUNTY 965 FRANCISCO STREET FOR SACRAMENTO COUNTY ROOM 200. 631 J STREET SACRAMENTO ONLY STATE OF CALIFORNIA DEDEPP ARTMENT ARTMENT OF INDUSTRIAL RELATIONS RELATIONS INDUSTRIAL ACCIDENT COMMISSION FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 501 STATE BUILDING LOS ANGELES 12 FOR SAN DIEGO COUNTY ONLY 1521 FOURTH AVENUE AMINDED APPLICATION FOR HEARING AMINDED Case No. 55 161 370 Filed March 3 1955 DO NOT WRITE IN THIS SPACE ENTERED IN DOCKET Employee's Name JACK B.17301 OUT B.17301 Social Security No. _ Name of Employer SKATILIE oe ee IST IST _ vee seaveevnsensesnse Employee's Address HOLBBAK DRIVE 2284 HOLBBAK DRIVE STREET AND NUMBER a Employer's Employer's Employer's Concord TOWN OR CITY Address California ZONE . STREET AND NUMBEN oo. STATE . Name of Insurance Carrier opre ah FACHED FACHED FACHED LIST IInnssuu rr aa ncnece TOWN OR CITY Carrier's Address STREET AND NUMBER ZONE STATE - CITY ZONE STATE o Employee's name JACK COLBERTSON 1944-1954 194-1954 1944-1954 Date of your injury194-1954 Place where covet tte eee occurred Francisco injury Calif CITY AND STATE birth Employee's date of Employee's occupation , dba 1928 injury at time of injury Asbestos - workerWorker. When did you leave work as a result of this injury September 1953 How did injury occur October 19 1954 What part or parts breathing breathing substances in course work harmful lungs of your body were injured wecee aerate ee eee nen eee necneteneceeee When did you return to work -- Still disabled Full or part time work and at what wage ee nets ccs eeteeeteees cee ee Your wages or salary before deductions Spitals --~- per hour or week If paid on hourly rate how many hours did you work per weekwe per ee Did you receive any of the following Board Yes No Lodging Yes No Tips Yes No State their weekly value $ or $ per month oe _ . Other advantages Yes No Have you been paid any compensation Yes No How much $ 0 1. Weekly rate of payments $ Date when last payment was made TOTAL AMOUNT 19... Has the employer or the insurance carrier furnished you with any medical treatment Date when last treatment was given 19 Yes No = List names of all doctors who have treated you and who were furnished by the employer or insurance carrier medical University Have you obtained any Californi List names of all doctors treatment who have treated your own expense you at your own expense No ..___. Are a c e you claiming any of the following benefits Answer Temporary disability payment Further medical treatment yes - List other benefits claimed and not mentioned above Yes or - No -- b d - Permanent disability payment . yes Cost of your medical expense na Have you ever before filed a claim with this Commission Yes No & If so when was it filed dads 6 PARI PARI oad BEPRESENTATIVE BEPRESENTATIVE OR ATTORNEY FOR APPLICANT Financial Financial Center ldg ldg akiand 1 akiand a/ JACK CUTUMAINTAIN CUTUMAINTAIN SIGNATURE OF APPLICANT Glancourt 2 2000 Date -__.._. ware ~~ ~~ 1955- TELEPHONE NUMBER HEARING After this application has been represented in person by attorney or other agent filed with the Industrial Accident ANSWER The defendant is expected to file an answer within and the insurance carrier is properly named in the application no employer should notify the carrier immediately so the proper answer 10 days after service answer need be bled can be filed of by Commission the parties will be notified in writing of the time and place of hearing Either party may be a copy of this application the employer as that will using the form furnished for be done by the carrier but that purpose If a defendant employer is insured if the insurance carrier is not named then the DATE OF SERVICE SERVICE ON Re JACK CUTHBERTSON IAC # 161-870 List of Employers Plant kubber & Asbestos 5309 Morton St. Emeryville Calis Works hestern Asbestos Co. 675 Townsend San Francisco J. T. Thorpe & Son Emeryville Calif Mundet Cork 440 Brannan CSot.rp. San Francisco Francisco Calif Cork Insulation Co. San Francisco Calif Armstrong Cork Co. 1355 Market St. San Francisco Flant Asbestos Co. 5309 Horton St. Emeryville Calls LIST OF INSURANCE COMPANIES Travelers Insurance Co. Latham Square Bldg Oakland Calif Industrial Indemnity 350 Jansoma St. San Francisco Co. State Compensation Ins Fund 450 Memllister St. San Francisco Calif Pacific Employers Insurance Co. 3770 Piedmont Ave. Oakland California Compensation 28 Geary St. San Francisco Insurance Co. STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES ' 450 MCALLISTER STREET SAN FRANCISCO 1 MANAGER EARL R HOWARD HC HC MILLER COMPTROLLE COMPR TROLLER DONALD GALLAGHER COUNSEL JH JH LEIMBACH MO MEDICAL DIRECTOR June 1 LOS CHICO FRESNO LONG BEACH SACRAMENTO SAN DIEGO SAN JOSE STOCKTON OAKLAND 1955 ..- _* TO X 312235 Jack Cuthbertson Industrial Accident Commission 965 Mission Street San Francisco California C 0 P < Re IAC 161-8 We are enclosing additional reports as follows H. Corwin Hinshaw H.D. George A. Watson M.D. May 24 1955 May 18 1955 Copies of said reports are being mailed today to the persons and addresses shown on the attached sheet Very truly yours PRH re BLOG MIT BY BsFRANC ar/ Industrial Assident missiv 1-1-55 C 0010 1 001 0010 1 00 001 est cc 001 0001 1 001 00 co 001 001 Dept. of employment P. u x 1057 Lakland California Locidental Life Ins C. 300 Montgomery St. San Franciaco C.1 Jack Cuthbertson 2204 Klbron Dr. Concord Calif Smith & Parrish lu16 Fin Center Lids land calif Plant Rubber & Asbeates works 5305 Horton St. Imeryville cal Artustrong Condo Condo 15 Market St. bot Francisco Calif Mundet Cork Corp. 440 rannan St. San Francisco California Flant Asbestos Co. 5300 Norton St. ryville ryville California kustern Asbestos Co. D Tolmsand St. San Francisco Calif J. T. Thorpe Sun Emeryville California Travelere Ins Co. Latham Square ilds idland California Industrial indum Co. 300 Banane Street San Francisco Calif Pac Employ Ins Co. 3770 Piedmont Ave. Cakland Califonia ' P =< Of Asbestos disease in You lung specimen obtained by <q caok Cuthbertson You will note also that he reports very umatory or fibrotis renation tothese hers He done voluntary performance and lowered values repor to ossibly deeply atributed rapidly his lack of training lack my 1988. eoaftrmed. Theported asbestos fibers.in fibers.in the Ing has been reaction,: neeard edio Iloag ppei ar aalmermality very little microscopi~ 1 2 3 4 5 4 10 11 12 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 161 870 Applicant vs. PLANT HIEBER AND ASBESTOS WORKS ARMSTRONG CORX COMPANY MUNDET CORK CORPORATION PLANT ASBESTOS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE AND SON and TRAVELERS INSURANCE COMPANY INDEMNITY COMPANY et al Defendants ANSWER TO APPLICATION 13 14 15 16 17 18 219 2 21 22 23 24 25 26 Come now the defendanta WESTERN ASHESTOS CO and STATE COMPENSATION INSURANCE FUND and in answer to tho application filed in the above entitled cause admit dany and folal s fo olw los ws Allegs that the correct name of the defendant Western Asbestos Co. is Western Asbestos Co. and was such at times referred to in paragratpwh o I Admit that Jack Cuthbertson was employed by Western Asbesto Cos. for the periods and only for the periods as shio n thw e wn ork record attached mar ank d me arkd ed exhibit A | reference to which is hereby made and the same incorporated 27 28 herwith as though set out in full 29 II 30 | Admit that during the period of employment as set 31 forth in paragraph one above the Western Asbestos Co. was fully 32 insured by the State Compensation Insurance Pund against all liability under Workmen's Compensation Insurance and Safety Law 1 2 3 4 5 8 7 8 9 10 11 23 13 14 15 16 17 Allege that the rights of the defendants have been 18 prejudiced by the failure of the employee to give notice of 19 alleged injury within the time required by lax 22 21 State of California has jurisdiction to 22 act with reference to any and all maritime employment 23 24 VII 25 26 27 28 29 30 31 32 PETER R. HOLMES AttAo ttorneyr Attn ornee y fy or Defendants @ 7 8 9 10 11 12 13 14 15 16 17 cc 001 001 00 cc ce ca cc cas 001 00 cc cc of Employment P.O.Box 1657 Cakland California Calif Dept. Co. 300 Montgomery St. S. F. Cooidental Life In2s254 Holbrook Dr. Concord California Jaak Cuthbertson Smith & Parrish 1616 Fin Center Bldg Cakland Calif 5309 Horton Emeryville Cali Plant Rubber & Asbestos Works San Francisco Calif Arustrong Cork Co. 1355 Market St. San Francisco Calif Mundet Cark Corp. 440 Brannan St. Asbestos Co. 5309 Horton St. Emeryville Calif San Francisco Calif Plant Western Asbestos Co. 675 Townsend St. California J. T. Thorpe & Son ELmaeth ra ymviSlqlueare Eldg Oakland Calif Travelers Ins Co. Indem Co. 350 Sansome St. San Francisco Calif Ave. Onicland Calif IPnadc ustErmipalloy Ins Co. 3770 Piedmont 18 19 20 21 22 23 24 25 26 N N | N 30 31 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO as, R. X. SHOREAN being first duly sworn deposes and That he is an officer nit Assistant Secretary of State Compensation Insurance Pund that he has read the foregoing Answer to Application and knows the contents thereof that the same is true of his own knowledge except the matters which are therein stated on information or belief and as to . these he beliebv elie evs es it to be true 3. NS . ULEN Subscribed and sworn to before ne this day of Juna 1955 NoStEaArLy Publia in City and for the City County of San Francisco State of and California San Francisco California Ju1l19y 55 ue '/ COPY FROM INDUSTRIAL INDEMNITY CO 350 SANSOME STREET SAN FRANCISCO CALIFORD Sincerely yours Claims Atterney ecs Department of Occidental Life , P. O. Bex 1857 Oakland , 300 MontSg t.oBum n Fe ranr cisy co Jack Cuthbertson 2264 Malbrook , Concard fith and Parrish 1616 Financial Center Building Oakland Mandet Cork Company Braman Street San Franscisco Western Asbestos Company 675 Townsend Street San Francisco State Insurance Pund 450 No Allister Street Ban Franciscs COMMISSION OFFICI B FOR NORTHERN CALIFORNIA EXCEPT SACRAMENTO COUNTY 965 MISSION STALET FOR SACRAMENTO COUNTY ROOM 200. 831 J BIRLET SACRAMENTO ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION FOR SOUTHERN CALIFORNIA EXCEPT SAN DIEGO COUNTY 501 STATE BUILDING LOS ANGELES 12 FOR SAN FOURTH BAN DIEGO COUNTY ONLYONLY APPLICATION AMENDED AMENDED AMENDED Case No. FOR 55 55 HEARING 161-370 Filed March 3 1955 DO NOT WRITE IN THIS SPACE IN DOCKET ENTERED Employee's J.CH 1120SON ve Social Security No 2 eee cee ee Ce Name of Employer siseae- AITIONED AITIONED ST cece e ccteereee eee Employee's Address 2204 LIVE LIVE STREET AND NUMBER oo ., tee oo Employer's California oo. TOWN OR CITY ZONE STATE Address_ STREET AND NUMBER Name of Insurance Carrier (see ATTACHATTACH- boddecccee ceseesceesee Insurance TOWN OR CITY ZONE Carrier's Address Le STREET AND NUMBER . CITY ZONE STATE STATE Employee's name JCA CUTHBERTSON CUTHBERTSON CUTHBERTSON Employee's date of birth et S da g - 2 - 1923 - Employce's occupation Date of your injury. ...... . 1944-1954- 1944-1954- 1944-1954- 1944-1954- ee at time of injury . habestos worker -- .. Place where When did you leave work San injury occurred Francisco CITY AND STATE 2. 0.. as result of this injury September 30 1953 October October October October , 1954 How did injury occur in What part or parts substances course work hartalul chant . cess lungs of your body were injured junge we wee me meee eneetc ree e es senate ceceeecnestectcamaneeseteneses seesaeaeeesnsessnnscmsscies settee When did you return to work .. Still disabled .. Full or part time work and at what wage wo. Lees deductions Spiri Spiri ne tess ones Your wages or salary before per hour or $ -... eseeeee per week If paid on hourly rate how many hours did you work per week _.. - veces weeteeee e ceeeeaceeeneenenesees Did you receive any of the following Board Yes No Lodging Yes No Tips Yes 7] No State their weekly value $ or $ ceeeeeee cone on _ per month eevee oes foc eeetee Other advantages Yes nenereeeeeee No Have you been paid any compensation Yes No How much $ .. - aa Weekly rate of payments .. 20. Date when last payment was made TOTAL AMOUNT 19 Has the employer or the insurance carrier furnished you with any medical treatment Date when last treatment was given wane y 1D. Yes No = List names of all doctors who have treated you and who were furnished by the employer or insurance carrier 0 cece ee any Have you obtained medical Hutward California California Have you obtained any medical treatment List names of all doctors who have treated California California it your own expense California Yes you at your own expense . No - Are a c e you claiming any of the following benefits Answer Yes or No payment Temporary disability Further medical treatment wee = above wag List other benefits claimed and not mentioned .... ney b d Permanent disability payment 20. eee eee Cost of your medical expense nn yes Have you ever before filed a claim with this Commission Yes No x If so when was it filed ... . a rere = DATE Smild & PARIBA REPRESENTATIVE OR ATTORNEY FOR APPLICANT Financial Financial Financial Financial Canter Canter Idg 1 ADDRESS Glencourt 2 2000 kind kind kind . JA / CK CUTUM REIN SIGNATURE OF APPLICANT Date Date Trae 195 TELEPHONE NUNDEE HEARING After this application has represented in person by attorney or other agent been filed with the Industrial Accident Commission the parties will be notified in writing of the time and place of hearing Either party may be ANSWER The defendant is expected to file an answer within and the insurance carrier is properly named in the application no employer should notify the cartier immediately on the proper answer 10 days after service answer need be bled can be filed of by a copy of this application the employer as that will using the form furnished for be done by the carrier but that purpose If if the insurance a defendant employer is insured corrier is not named then the DATE OF SERVICI SERVICE ON Dept. of Employ 0 Dox 1857 Oakland Calif 4/25/55 Occidental Life Ins Co. 300 Kontiomery St. S.F. Calif 4/25/55 Jack Cuthbertson 2284 Holbrook Dr. Concord Calif Smith & Parrish Fin Center Bldg Oakland Calif rlant Rubber & Asbestos works 5309 Morton St. Emeryville Armstrong Cork Co. 1355 Market St. S.F. calle Mundet Cork Corp. 440 Brannan St. S.F. Calif Plant Asbestos Co. 5309 Horton St. 5309 Horton Emeryville " Western Asbestos Co. 675 Townsend St. S.F. Calif Emeryville J. T. Thorpe & Son Calif Travelers Ins Co. Latham Square Bldg Oakland Indus Indem Co. 350 Sunsome St. S.F. Calif State Comp Ins Fund Personal Service Calif racific Employ Ins Co. 3770 riedmont Ave. Oakland Calif " Calif Compensation Ins Co. 28 Ceury St. S.P. Calir TWX 1 3 4 5 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA Claim No. 161-870 JACK CUTHERBERTSON Applicant V8 6 7 8y- 9 10 11 12 13 14 15 16 17 100 1 20 | 21 22 | 2 2 2 26 27 28 29 30 PLANT RUBBER AND ASBESTOS WORKS ARMSTRONG CORK COMPANY MUNDET CORK CORPORATION PLANT ASBESTOS COMPANY WESTERN ASBESTOS COMPANY J. T. THORPE AND SONS AND TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY ETAL ANSWER TO APPLICATION Defendants Comes now the defendants PLANT ASBESTOS COMPANY AND INDUSTRIAL INDEMNITY COMPANY and in answer to the application filed in the above entitled . cause admit I deny and allege as follows Admit that Jack Cuthbertson was employed by Plant Asbestos Company for the periods and only for the periods as shown in the work record attached hereto and marked exhibit A reference to which is hereby made and the same incorporated herewith as those set out in full II Admit that during the period of employment as set forth in Paragraph I above the Plant Asbestos Company was fully insured by the Industrial Indemnity Company against all liability under Workmen's Compensation insurance and safety laws of the State of California III Deny that during the said period above mentioned said Jack Cuthbertson sustained any injury arising out of and occurring in the course of the employment and further deny that the defendants have provided compensation benefits to the applicant for the alleged injuries sustained by the applicant or furnished medical treatment therefore 31| 32 SYDNEY H HAYWOO0 ATTORNEATTY ORNEY L ... AW QUITE 700 360 SANSOME STREET BAN FRANCISCO 4 YUKO 6-2000 IV H 2 3 5 6 8 Alleges as a special separate and affirmative defense that the applicant's claim herein is barred and he is estopped from presenting any and all matters thereunder by reasons of the provisions of Chapter 2 Part IV Division IV of the Labor Code of the State of California more , specifically Section 5404 5405 5406 and 5410 V. Alleged that the by failure of the employee time required by law right of the defendants have been prejudiced to give notice of the alleged injury within the 10 VI 11 12 13 Except as above admitted alleged or denied said defendants deny generally and specifically each and every allegations contained in the said application all and singular the 14 WHEREFORE these defendants pray that they be dismissed and 15 declared free from all liability herein 16 17 18 mailed on Copies of this answer and the attached exhibit have been the date hereof to the persons and addresses shown below 19 22 Dated July 1 1955 | 21 San Francisco California 22 s SYDNEY H. HAYWOOD H. HAYWOOD ATTORNEY FOR DEFENDANTS PLANT ASBESTOS and INDUSTRIAL INDEMNITY CO 23 24 22 26 27 28 29 30 31 32 SYDNEY H. HAYWOOD ATTORNEY AT LAW BUITE 700 | SQ SANGOME STREET | SAN FRANCISCO + YUKOM 6-2000 Jack Cuthbertson 2284 Holbrook San Francisco California Saith and Drive Concord , California Parrish 1616 Financial Center Plant Rubber and Asbestos Works Building Oakland Calif Armstrong Cork Company , 5309 Horton Emeryville Calif Mundet . Cork Company J. T. Thorpe and , 1355 Market Street 440 San Francisco Calif Brannan Street San Francisco California Western Sons Emeryville California Asbestos Company 675 Townsend Street San Francisco State Compensation Insurance Calif Travelers Insurance Fund 450 Mc Allister Street S.F. Pacific Employers Company Insurance Latham Square Building Oakland Calif Leonard Hanna & Company 3770 Piedmont Avenue Oakland Attn Howard T. JeBwreolplhy 100 Bush Street San Francisco Calif Page Two 4 STATE ACCIDENT CALIFORNIA INDUSTRIAL ACCIDENT COMMISSpertinentclaimclaim 965 MISSION STREET BAN FRANCISCO 3 STATE BUILding Los Angeles 12 412 HELM BUILDING FRESNO 21 ROOM 214 100 E. OCEAN BLVD LONG BEACH 2 ROOM 200 631 J STREET SACRAMENTO 1521 4TH AVENUE BAN DIEGO 1 JACK CUTHBERTSON CLAIM No. 54 161-870 Applicant VS. ARMSTRONG CORK COMPANY TRAVELERS CONTAY INDUSTRIAL INDEMNITY | COMPANY WESTERN ASBESTOS COMPANY and STATE COMPENSATION INSURANCE FUND DefendantDefesndants NOTICE OF HEARING OF APPLICATION FOR ADJUSTMENT OF CLAIM You are hereby notified that an application to adjust a claim for compensation a copy of which is attached hereto has been filed with the Industrial Accident Commission of the State of California You are further notified that said application has been set for hearing at Room 206 1531 Webster Street Oakland California on the 17th day of February 1955 at 2:00 r.H. ALL P.M. and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law NOTE The parties are expected to submit all issues in controversy for decision at this hearing therefore all medical reports payrolls and other essential proof must be available and ready for submission at the hearing necessary witnesses evidence documents DaDatteed d January 12 1955 INDUSTRIAL ACCIDENT COMMISSION By EDMUND J. THOMAS JR Assistant Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the foregoing notice on the parties hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a place of copy of the application therein mentioned in a sealed envelope in the United States mail on said day at place California with the postage thereon fully prepaid and addressed to the said parties at their last known of runcisco runcisco residence as follows to wit NAMES OF PARTIES SERVED DATE OF SERVICE Juck Cuthbertson 2281 Holbrook Dr. Concord Calir with arrian 1020 Financial Center Blinkland Blinkland Calif stron dork to 1355 urte t th Francisco Calif Lint asbeston Co. 5309 Horton St. meryville Calif Restern suestos Co. 675 Townsend St. un Francisco Calif Travelers ins Co. Lathan Suare slug Oakland Calif Indus Indemn Co. 350 Sunson . San Francisco Calif State Comp Ins Fund Personal Service 1/12/55 " " " " fi , " COMMISSION OFFIC 291 FOR NORTHERN CALIFORNIA TEXCEPT SAY HAMENTO COUNTY 085 MISSION STREET SAN FRANCISCO STREET FOR SACRAMENTO SACRAMENTO COUNTY ROOM 200.631 J BILLET SACIAMENTO SACIAMENTO ONLY FOR SOUTHERN SOUTHERN CALIFORNIA 501 STATE BUILDING Los ANGELES 12 FOR SAN DIEGO COUNTY SAN FoURTH AVENUE ONLY STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT ACCIDENT COMMISSION APPLICATION FOR HEARING Case No. 161-870 54 SF Filed 12-21-54 THIS SPACE IN ENTERED IN DOCKET BY_ Employee's Name__ CUTHBERTSON CUTHBERTSON JACK CUTHBERTSON Social Security ....... Name of is ceeecetee ceeeemee Employer Armstrong Cork Company 2x Travelers Insurance Company ween. Ilant Asbestos Company ven Name of Industrial Indemnity Company Insurance Carrier . .- - vee = 3 Western Asbestos Company State Compensation insurance Employee's Address ...... 2284 Holbrook STREET AND NUMBER Drive peut Concord California __ coe Employer's TOWN OR CITY ZONE STAYE Address San Francisco California Latham Squar Bldg AND NUMBER Oakland Insu5 5309 Horton Street Fryville Insu360 Sansa St. San Francisc^ Carrier's Address wit nye Francisco cee 675 Fund Townsend NCallister Francisco 450 NCallister St. San Francis CITY . ZONE STATE Employee's name Jack Cuthbertson =. Employee's date of birth Date of your injury Place where 1949 - 1954 Employee's occupation at time of _abeatos _abeatos worker injury occurred San Francisco CITY AND STATE When did you leave work as result of this injury October 30 How did injury Breathing course of work harmful to chest and What part or parts aubstances in September September September September October 19 1953 1954 of your body were injured Lunga Lunga _ When did you return to work still stilldisabled vee Full or part time work and at what wage oo coc cccsessecsseverececeeeee oe lung maximumper maximumper Your wages or salary before deductions _ If paid on hourly rate how many hours did you work per weck__ hour or Did you receive any of the following Board Yes No Lodging Yes State their weekly value ... $ 0. No Tips Yes per week fen No or $ - per month ee se enverate eee ene Other advantages Yes No Have you been paid any compensation Yes No How much $ 0. Date when last payment was made Has the employer or the insurance carrier furnished Date when last treatment was given 2 were ee ee TOTAL AMOUNT py 19 you with any medical treatment ee 19 Yes Weekly rate of payments $ No List names of all doctors who have treated you and who were furnished by the employer or insurance carrier oo. University of California 2 Have you obtained any medical treatment at your own expense Yes List names of all doctors who have treated you at your own expense anne eee - sre ee ee _ SRP. tt. wee eee eee eee 8800 No memes sareeeeeeeae en ccc a ee we seers sete: Are a c c you claiming any of the following benefits Answer Yes or No Temporary disability payment Yes -. ee. Further medical treatment . Yas sen. = List other benefits claimed and not mentioned above cece b d Permanent disability payment .. Cost of your medical expense me ee . - . Ias eo oo. | a Have you ever before filed a claim with this Commission Yes Ck No If so when was it filed 2 2 ~ eee DATE oS MEANS MEANS Mac RE o y ~~ 1616 Financial center ~~ ~o Jack Guthbertsoofn mere Date Decembe2r0 1954 195 NOTE represence represence HEARING HEARING HEARING in perse By Afies Afies the attorney or application application other agent has been Giet with the Industrial Accident ANSWER The feien fant rige ted to ble in answer within and the insulated carrier se program program maned in the application application anglayer il cult not to the carrier immediately so the proper sower 10 days after servire Blitter need can be filed be nied of by Commission the parties will be untited in a copy of this application the riniloyer riniloyer at that will . using the form be done by the writing of the time and place furnished for carriers but that purpose If if the insurance of hearing Either party may be + defendant employer is insured carsier is not named then the DAIP OP SERVICh SERVICE ON ~~ py vrye STATE OF CALIFORNIA INDUSTRIAL 965 MISSION STREET SAN FRANCISCO 3 ACCIDENT COMMISSION pertinents pertinents 412 HELM BUILDING FRESNO 21 STATE BUILDING LOS ANGELES 12 ROOM 200 J STREET SACRAMENTO ROOM 214 100 E. OCEAN BLVD LONG BEACH 2 1521 4TH AVENUE SAN DIEGO 1 cloclo JACK CUTHBERTUJUk oO Rs CLAIM No. 54 . 161-870 161-870 ! NOTICE OF HEARING Applicant OF APPLICATION VS. FOR ADJUSTMENT ENTER ENTER ENTER NEUTUS NEUTUS WOR STRONG STRONG STRONG CNY CNY MUNDIT CORK CO428728 CO428728 CO428728 CO428728 LANT BESTOD COMPANY COMPANY WESTZAN A.BESTOS OF CLAIM ; COPLARY COPLARY J. TRONIETRONIE HAD SON and Vis INSURANCE INSURANCE CAR CARYY CARY INDUSINDUSTTRIAL RII NDUA STRL IAL INDERNINI DERNITY TINDERYNITY CHARY et al Defendant You are hereby notified that an application to adjust a claim been with the Industrial Accident Commission of the State has been set for hearing at for compensation a copy of which is of California You are further notified attached hereto has that said application Ka 200 1531 Reuster k Daxland California on the 23rd day of May 1955 at 1:30 o'clock p.m. All .. and that at said time and place the Industrial Accident Commission of the State of California will dispose of the said application in the manner prescribed by law proceed to hear and NOTE The parties are expected to submit all issues in controversy for decision at this hearing therefore all medical reports payrolls and other essential proof must be available and ready for submission at the hearing necessary witnesses evidence documents Dated April April 25 , 1955 INDUSTRIAL ACCIDENT COMMISSION By EDAUND J. Thuk Jil Assistant Secretary The undersigned certifies that as an employee of the Industrial Accident Commission she served the parties hereinafter mentioned at the time set opposite their respective foregoing notice on the names by depositing a copy of said notice attached to a copyCaliofofrniathe application therein mentioned in a sealed envelope in the United States mail on said day at rCeasliidfeonrcneiaaswiftohlltohwesptoostwaiget thereon fully prepaid and addressed to the said parties at their last known plaSceasnof FbruasnicneissscoorFrancisco NAMES OF PARTIES SERVED DATE OF SERVICE see attached sheet - Re JACK CUTHBERTSON , + IAC # 161-870 Plant Hubber & Asbestos works Emeryville Callr hestern Asbestos Co. 675 Townsend San Francisco Calif J. T. Thorpe & Son Emeryville Calif Corp. Mundet Cork 440 San Brannan St. Francisco Calif Cork Insulation Co. San Francisco Calif Armstrong Cork Co. San Francisco Flant Asbestos Co. 5309 Horton St. Emeryville Cails List of Employers LIST OF INSURANCE COMPANIES Travelers Insurance Co. Latham Square Bldg Industrial Indemnity 350 Jansoma St. San Francisco Co. State Compensation Ins Fund 450 McAllister St. San Francisco Calif nw o = ... a =. wr. ae ee t