Document gbg6gOaekDYzpoaNG61nx9Mz9
FILE NAME: Metalclad (METC) DATE: 1967 DOC#: METC014 DOCUMENT DESCRIPTION: WC Claim - McCormick [From J-M Archive]
File Name Contract Unit Claim File: W illiam M cCorm ick Nov. 17/67; Am ended Ju l. 29/68
Scanned ? y e s
Source
. JM A: N S-JM
Start Year 1967
Stop Year 1968
Contents
claim
Notes
(:n d u s t i u a l Ma c c i d e n t N
." Ca l i forn ia
^-.Iw^ioi, prior to 1966)
APPLICANT WILLIAM McCQRMtCK
Asbestos worker - insulator
DATE c l a i m FILED -- Mv- 17, 1967 Attended July
INJURE ALLEGED _ I n j u r y t, res p i r T ^ y system
ALLEGED DATE OF INJURY
1942-NOV. 1967
CASE #LA 317548
1968
..m ... ~ exposu
EMPLOYER/INSURER
Philip Carey/ co. et. al. including j -m Sales
OTHER NOTES
DATE OF RESOLUTION May 6, 1969
RESOLUTION
DOCUMENTS COPIED
D Compromise & Release
$13,038 settlement
# OF PAGE:
CLAIMANT
California Workers Compensation Appeals Board
CARRIERS INVOLVED:
The AETNA Casualty & Surety da
^ rjcan Automobile Ins. Co. '
oAmerican Employers Ins C o *
American Motorists Si.' S '
Argonaut Ins. Co.
C
Indennity Corp.
Casualty ins. Co. of C a n * TM ? Co*
s-
General Accident Globe Indemnity cof Guarantee Insurance Co.
g * * American Ins. Co.
ot
of Misconsto -
T -
Llfe Assurance Corp. Ltd.
Industliaf'iSimStl'c? C' (Sentry l M - Co.)
i i S s s s l c o ? s r s h xi han?9
o i i S rty M?tual * S . aric* Lumberman's Mutual Casualty C o Maryland Casualty C o Y Michigan Mutual Liability Co Mission insurance Co. Y * National Automobile & caaiwif r Jew Amsterdam Casualty cl ^ "S' Co'
*aific Indemnity Co. oRoyaSlIdemnity0' iStandard Accident Ins. Co.)
? . 2 H W S & : c,
s fe
5 T co-
c a s u a l t y i n s - c->
1
WORKERS' COMPENSATION APPEALS BOARD
2
ST A T S O F CA LIFO RN IA
3 WILLIAM C. McCORMICK, 4
C ase No. 67 LA 317-548
5
Applicant
6
vs.
7 THE PHILIP CAREY COMPANY, et al.,
CERTIFICATION
8
9
Defendant
10
11
I hereby certify that the attached documents are true
12 and correct copies of the original documents filed in the records ~
13 of this office in the above-entitled matter.
-
14
ATTEST my hand and the Seal of the Workers' Compensation
15 Appeals Board of the State of California.
16
17
18
IS
LLIAMS
workers C o m ^ e a a a J i o n ^ J u d s e
2C
Workers Compensation Appeals Board
23
2
2:
2 ` Bated at San Francisco,
California, this 6
day
of April, 1981
c / -
. \
,,*4
(
S . S m w s 1 oetso,i
727 West Seventh Street
Los Angeles, California 90017 Telephone No, 627-4911
Attorneys for Defendants
WORKMEN'S COMPENSATION APPEALS BOARD ^
<sr>
STATE OP CALIFORNIA
' 1
co
w i l l i a m c. M c Co r m i c k , Applicant,
vs. THE PHILIP CAREY COMPANY, et al.
Defendants.
CASE NO. 67 LA 317 548
COMPROMISE AND RELEASE AGREEMENT
Th Partles t0 thls settlement, for the purpose of compromise only, hereby submit the folio!* agreed statement, of fact:
1. William C. McCormick, Social Security Mo. 14 1-09-311
b o m on April 6, 1911, claims that he ,,as employed from i 942
'
through November 19S7, at various locations In the state of
California; that he alleges an Injury to his respiratory system,
circulatory system, and various other parts of his body by such "
employment; and that the alleged employers, together ,,1th their insurance carriers are as listed below:
(a) Armstrong Contracting & Supply;
insured by:
27
Mundt Company
9
CompanyaSUalt^ & Suret^
28 (b) Armstrong Contracting & Supply
29
Armstrong Cork Company;
insured by:
Johns Manvllle Sales Comoany
The Travelers Insurance
3
Company
(o) Los Angeles Cork Company 31
Insured by: National Automobile &
32
Casualty Company
1
I I
(, (
1
( ) Philip Carey
2
) Insured by:
' General Accident Cor.pa-
3
(e) Plant Rubber/Fiberboard Ino.
) permissibly 3elf-insure:
(f) Insulations, Inc.;
4 ' ` i?a ln EnSineering, a corp.
J.T. Thorpe & Sons, Inc.
5
Thorpe Insulation
e
(g) Modesto Refrigeration
7
I insured by: Pacific Employers Group
) Insured by: ) California Casualty
8
(h) Consolidated Western Steel
/ Insurance Company ) insured by:
-
9
) Pacific Indemnity Compan;
(i) Paboo
10
12
(j) C.F, Braun Company
insured by: Employers Mutual Liabilii Insurance Company of Wisconsin _
) insured by:
13
) American Motorists
) Insurance Company
14
(k) Coast Insulation
18
) insured by: ) Argonaut Insurance Compan
16 (l) Baker-Perkins, Inc.
) insured by:
17
j Company11 Mutual Llability
18
(m) Thorpe Insulation Company
19
(n) Plant Asbestos;
20
Industrial Supply;
Metal Clad Company;
) insured by: ) The Fireman's Fund ) Insurance Company
) insured by:
) Industrial Indemnity
) Company
.
"
(o) Armstrong Cork
, insured by:
, Employers Mutual Insurance
23
Company of Wisconsin
"
24 (p) Baldwin-Ehret Hill Company 25
) insured by:
) Insurance Company of north ) America
26 The insurance carriers party hereto wish it understood
27 that this settlement relieves them of all responsibility for the
28 above-named insureds, whether or not the period of insurance coverage 29 is correct, as alleged, and whether or not the employers that they
30 may have insured during this claimed period of exposure from 1942
31 to 1967 are mentioned specifically hereinabove or otherwise.
* 32
2. The actual weekly wages of the employee are believed
-2 -
(.
1
2 frustration^offurther l i t i g a t i o n ^ 6? ^ " ' delays and
wlSl)a to provide his own medical t S a t ^ n t "^ 61'* Tu* emPloyea
3 ndeeefdeenddanwtisthocuotntetnhde tinhcaotnavpepnlileSnacnet'off
^ any should be control. The
4 constitutional in nature ? a t h ^ i w f v Sfbll:Lty' if any, is
i S V hV * tent of imPairment, ifhany,eisSdi?ficuitt? M s work'
5 and tns deiendants contend that hiSDreant
to ascertain,
approximately the same as it would hfvf wff condition is
6 of events without any occupational exposure w t a t e w ? 0^ 1 C0Ursa
7
81
9 101, 11 12 fi 13 14 S 181
I
& i s s r 4 s i 2 * s s . : fm t ffirs*,1* " - w
i7 1|t all unknown and unanticipated injuries a n d ^ f m f f
apply
1? from such accident, casualt?? event a n d ^ L f ^ aEea.resultlnS
as all those now disclosed/and all
,, ^ plo? nent* 38 wel1
" r
Cl 1 * - e J & S Si S S S S i S H 3 . S *
19
`
20
t l l l l TM 1542 f the C1Vil Code of California reads as
21 "A general release does not extend t-n
22
claims which the creditor does not know or
suspect to exist in his favor at the time of
23
executing the release, which if known by him
24
53; S T d " ? ; ? 1* atfeetea hls ` 5 -
28
26 oo
see
covers the executors, a d m i n i s t r a t o r w - f i f
extends to and
27 successors, assigns, officers d i r e c t o r 1 fi representatives,
employees of the defendants and
* Sents> servants, and
28 surgeons, and nurses of the'defendfft^ t5e m and the Physicians otln Individually on on .half " o f a i ! l r " S n S $ * ? k S h,t'" r
29
30
31
(^A'ttbrneV for Applicant 32
/!;
Applicant
8',CAB
R*v 2.64 4E 26
-2i-
l a w been B b o v g mail!.TM throughout the period alleged. 3. The employe.'a present disability i, in disp,,t0 ln.
employee has returned to work sometime m 1958.
4. No temporary total disability has been paid by any ol defendants herein. The amount due, if any, i, m diSP.JEe.
5. The parties agree to settle any and all claims on
,
*ll6S'd lnJUri " a x Psuw by payment of the sum
"
> Payable as follows. Lump
to -
" Pl( ' * ^ ` * 1 ^ TM * ', " * lM S " * ay be allowed. - co n trib u tio n * J W U . herein .................. . forth below.
(a) Travelers Insurance Company (b) Aetna Casualty & Surety Company () ^ ,reman13 Fund Insurance Company (d) National Automobile & Casualty Company (e) California Casualty Insurance Company (f) American Motorists Insurance Company
$4,186.00 $2,900.00$2,772.00
$217.00 $154.00 $574.00
^ Company Acoidenfe Flre & Liability Assurance
(b) Argonaut Insurance Company
(ij Industrial Indemnity Insurance Company (j) Pacific Indemnity Company (k) Fibreboard & Plant Rubber
(l) Pacific Employers Insurance Company (m) Insurance Company of North America
in) f t S i ? " 1 Ua!,111`y
(o) Michigan Mutual Liability Company
c" w n y
$105.00 $562.00 $420.00
$10.00
$224.00 $432.00 $378.-00
$75.00 $29.00
6. No medical expenses have been paid by the employers or
the insurance carriers; all has been provided by applicant
through private sources. Future medical and hospital expenses
estimated at minimal. employee.
All unpaid and future is to be assumed by the
7. The applicant's attorneys are Rose, Klein & Marlas,
-3 -
( (
1 727 West Seventh Street, Los Angeles, California 9 0 0 1 7 .
2
8. Said attorneys request a'fee of $ 1 .500,nn
3
9. The parties attach hereto a separate statement of
4 reasons for the compromise and release agreement.
5 10. The undersigned request that this Compromise Agreement 8 and Release be approved.
7 11. Upon approval of this Compromise Agreement by the 8 Workmen's Compensation Appeals Board or a.Referee, and payment in 9 accordance with the provisions hereof, said employee releases and 10 forever discharges said employer and insurance carrier from all 11 claims and causes of action, whether now known or ascertained, or 12 which may hereafter arise or develop as a result of said injury, 13 including any and all liability of said employer and said insurance
14 carrier and each of them to the dependents, heirs, executors, 15 representatives, administrators or assigns of said employee.
18
12. It is agreed by all parties hereto that the filing of
17 this document is the filing of an application on behalf of the
18 employee, and that the W.C.A.B. may in its discretion set the matter
19 for hearing as a regular application, reserving to the parties the
20 right to put in issue any of the facts admitted herein, and that if
21 hearing is held with this document used as an application the 22 defendants shall have available to them all defenses that were
23 available as of the date of filing of this document, and that the
24 W.C.A.B. may thereafter either approve said Compromise Agreement 25 and Release or disapprove the -same and issue Findings and Award
26 after hearing has been held and the matter regularly submitted for
27
28
29 .
32
c
c
M artin 5.Coldfarb,m .d .
7 3 S W ILS M IX C SO U LC V A D O C V C R k T M I L L * . C A U C O H N I A 0 X 1*
TC kC XH O N C I? A IT 7
'N T C X N A k M C O ie iN C A N O C A N O IO LO O V O W IO M ATX o r T H ( AH C XIC AN OOAAO OX m T C X M A k M C O W IM C
January 2 , 1959
S T S S S t t i S S S " Insurance CMpanles Los Angeles, California 90005
Y RE: Assured: Thorpe Insulation Company
Claimant: William C. McCormick `
Claim No: B53OC 950 222
'
D /L:
10-30-67
Gentlemen:
: / S T m s t
Mr. William 0. BeCormick at my offices on
CHIB? COMPLAINT:
Shortness, of breath and easy fatigability.
II
PRESENT I L L N E S S t
P " n S e ? ko ?1 i??l?e ^ r^ a ^ r
type of work activity for these different compte" !?
^ 6 5a~'e
wwas-sw.
fc.*ii.ie ifi0at*S thaS hs had Periodic episodes of couching `n
wnuP? \ ? ` 6 yeafs- He would oouSh when he would first get to
?kJ.n the morning and would have a cigarette. He would thSv
S S g h 'S n T t r y ! - 5t3rt >,0rklnS- H8
havlj^occasional
He continued to have complaints of shortness of breath and eaSv
incJSs^nthoraSu eu?g^n!
l 9 S Until Ct* 1967* Because of these
' *aS Seen by 0 arl 3 Frietto, M. D., a
r>-i ai
l967Priifc? h0Pj-taiiz!d
at the St. Francis Hospital in Oct
breach hJ a"?
aanndiLa2S0
a
0i tirln seve^e cough
easily together with shortness occurring both day and n^ht
o
naa also tightness and burning in the chest with wheeaii|? .
,~0
- C K A N D L E
JAN 8 258
Pi? (LA) RS: William C. McCormick
Cbest X-rays showed bilateral emphysematous bullae and he had a
left; thoracotomy'carried out.
7
The surgery was performed on Nov. 2, 1967. This consisted of
resection of the emphysematous bullae of the left upper lobe
At the time of the surgery. It was noted that one ofP?e bulia
v/as the size of a grapefruit and the other was about the size of
an orange.
.
was not excluded.
fchat underly-inS bronchiectasis at the bases
?? echocardiogram on Nov. 1, 1967, which was within
normal limits, and he had an eventful clinical course after the
surgery.
A
S h ha?oSflSeCnd
ProceduI*e during a hospitalization in
rSmATM? *
left lung was operated on at that time with the -
removal of emphysematous bullae.
bL Di V Prifiti0 dated May 22' 1968> was reviewed. He Mdy1 9at1968hat Mr* McCorraick was discharged to return to work on
He, felt it was acceptable to believe that' his occupation and -sirs asoestos for many years may be the cause of the fibrogenic disease witn emphysema, and bullae resulting. He felt the scarring in the lungs would continue to progress. He felt there was a 25-^0 perce loss in each lung as that was the size of the bullae removed.
Mr. McCormick returned to work about 6 months prior to nr'
examination. He worked in a shipyard doir.a- insulating work *or
a period of about 5 weeks. He was laid off but he does not know
^ne reason.
.
`
He was evaluated by Morton Kritzer, M. D. on July 2, 1968. Dr.
Kriwzer rad pulmonary function studies carried out by Herbert
SiS/wi* D;..Ti!se showed an increase in residual air volume compatible with the presence of either pulmonary cysts or pulmonar
nn?-y?moT Hfwver> the increase in the residual air volume was
<,? J^gnc aegree* There was no delay in the helium
equilibration time.
.
The findings were compatible with a history of resection of pulmonary cysts.
Chest X-rays were taken by Charles Weinstein at the request of
ii,zer on July 3. These showed elongation and dilatation of ne tnoracic aorta; also linear stranding in both upper lobes representing the residua of previous inflammatory disease. The impression was that of mild pulmonary emphysema.
- 2-
0
^* (U)_
R2
<1 1lza:n C . MeCorm ick
-2-59
2 rtaSSIi82r fSlt hS had a PulrnonarJr ventilatory deficit o*
moderate degree, probably due to pulmonarv eTov-s!^
v-,.
possibly seconaary t^gastritis.'^ ^ sasfcroints3sinal problem^
W o r f S S hehawasenotlr-aSS etoSibf I t t t T Z
^
10 pounds; also where he was not asked to walk lone ri?22inS VSr
do excessive physical-acttv-ityv-- - ____ _____- ' lon-s:,distances or
He felt that working with asbestos over a nprinrt
S P ^ -s s
T & to his occupation and 25* to u n S r l y TM g
,
J ais
& r na
aPPo m red
Mr* McCormick worked at another insulating -fob for* Sfan^a^ r m -
a
of about 2 weeks and thin wal laid off Se worSd a
third uime for a small insulating company in San D i e ^ 6 5 2 ^
there for only 1 week and was laid off Sbout f w e e k ^ o .
r e m i l n i n g E S o i t t h e r1 a m e .
of shortness of breath and
that M 5 general `" P o i n t s ore
When^e^it^down
H I PAST M5DICAL HISTORY:
,1" 11
1 o U " b '"
A. Illnesses - see the present illness. B. Injuries - none.
C. Operations - see the present illness.
IV 'SOCIAL HISTORY: '
'
A. Alcohol - social drinker.
B*
averaSd 1 pack per day throughout his adult 1 1 r*
C. MedicationPs*-Snone^1 1 ness* * ot smoke at all at present.
V
MARITAL HISTORY-
r*
54' has a history of "an enlarged heart."
B. 3 children - alive ana wall.
.
*
VI FAMILY HISTORY;
A. Mother - age 87, alive and -well.
*
r* ia v8JL-' died of so:ne ty?e of heart trouble at the ap-p of 89
C. 4 orotr.ers and 3 sisters - alive and veil.
9'
(
EF (LA) RE: William C. McCormick
VII OCCUPATIONAL:
Mr. McCormick has worked as " work for the P^st 23 /ears. He m s *o
the ,,0^i
- i - condltion^and^he ^ ' S t e has done have been re
' similar for all these companies.
.
He indicates that he was also exposed to magnesium and K while working for the various companies.
He has not returned to work since the surgical procedure
He indicates that he worked for the Thorpe lMulationfCe
shortly before being hospital-
Oct. of 1967e
**
sus-ss
as?
t m G & * s t b * S t # *-
h
VXII PWVSICAL EXAMINATION: Ht 5`9" Wt 190 BP 114/78 ? 86
The patient is a well-developed, ^ i r S S S ^ S o o o i r S t "
appearing his stated age of 57. He ls
no acute distress.
A. HSEKT - the fundi a-e negative; the pupils react to
m a=cof S f i S n i s -'clear 4 S i r 4 X & and auscultac B - Sr^aied^Sfgical^scars e d it the posterior c-.
areas extending
4 *uurs or thrills
t: &
* - * f c ! 1i ^ / . P l . . h not palpable; no ma
or tendex-ness.
n9H n'eeral oulsatior.s;
I; S S i o E S i " ? n o are notec.
pathologi
The remainder of the physical examination is essentia:
contributory.
s-s s s r s " - ;asaswas: XX
t a b o R&TORY;
-4-
K? (LA) William c.
( McCormick
( 1 -2-6
E* 5w ! L ? Cid r 3*6 milligrams percent.
V v a .
C? JZuvJ tl,uaJr?oiiadiiityy "- 33..66 uunniittss. ^ephalln flocculation - 0 at o u
-c
'
H* BifteaCtlVe protein " negatived " nours*
K
of17n ! ^ i U s r a M Percent-
l pri?a:j,lrsis " essentially negative.
togeth9?^,it.ieS s i d a l i o f fcbilIteraimthoramP""rSematOUS cSar;Se:
M. Electrocardiogram - within
'
x
DIAGNOSES i
A. Chronic bronchitis.
B. ^Imonary emphysema, mild, chronic.
* st-operative thoracotomy for emphysematous bullae.
XI DISCUSSION & CONCLUSTmrs.
' .
5 & ? S d ko ? ! 5^ a M at0Hia<i
ln the insulatlng field
findings of asbeitos^ 'i can s e T n o ^ L T S M the * *
wo indicate that asbestosis was diacnnesed^'^11
available reeor
physicians, it was not read
Jfdfiy any o the attending
St. Francis Hospital?
inu0 any of the x-ra^s taken at the
'appearance an^irregular^ihickerin of*!** 3 Eround-&lass
appearance; also diffuse fibSnM J ?v, f the pleura with a shagzv
in the cas; of Sr? f e c o ^ c k ?
hanses- None of these iaKen
sfcudiesSrun
funct:
residual volume as only of slight degree. Sho,,ed ^he increase in
radiologist, s h o ^ ^ n l v ^ c ^ g e ^ o ^ m i l ^ m i i M * D *' 3 dianostic
combination of these two findiSg^wSuld id?S?ry-emphyaena A pulmonary emphysema is mild in degree?d indicafce to me that his
and bronchiectasis^s^ieil^s^ld1 ^ ! 102 t0 his chror,ic bror.chit-
cfaicgtaorre.tteThsemroekinigsphtehr'eodu1^`o"auTM?
h?i his
L n ^ ? ? ; ry emp^ sama. adulu life is the most
His sign-ffica-
w e n ..
condfSilHi
have combined to contribute to the ranf?ra*
fchese i'aetoi
acceleration of his pulmonary condition?
aSSravation and
-5-
(
F? (LA) illiam C. McCormick
( 1-2-59
Each of these years would probably have a similar effect on his
lungs as far as aggravation and acceleration of his pulmonary
process is concerned.
w
J
- J would .apportion .60$ of ..the causation of his pulmonary condition
. r. ^.cqmpina.tiqn of_ cigarette_ smokirigj;ogether with -pollutants - -
in ohe atmosphere outside of his work and hereditary factors, i
would apportion *0 $ to work factors over a period of 25 years in
which he was exposed to dust and fumes.
.
His condition is permanent and stationary. He is capable of carry
out light work activities on a full time basis. He should only
worx in the insulating field, if he has an adequate.respirator or,
protective device. He should avoid further dust or fume exposure '
without adequate protection.
''
There is no specific treatment indicated for his condition at the present time. He may have superimposed infections from time to time which will require treatment. Hovrever, there is no indicatio for any type of treatment at the time of my examination.
If I may be of any further service or answer any further questions, please do not hesitate to call on me.
Very truly yours,
MARTIN S. G0LDFAR3, M. D.
MSG:tap end.
-o-