Document jymkKoL10eM0mDnKXJjj7VXgp

/0 n n wou'iHR *4 h Ci I'CiM.cn n m -toot *-> 5.WCI HT rri >/tn, .m k-' C, C.AMRt l J.L havS.JP WILL I AM V. FINN *\ f''.OR 1. t.'Av*c *> C.HAHLU? 5. M tc f M, JU. NiCMOUfi V WM.U JAMfj R BRiOOf.4NQ.jR. f RANK H. f*T CWAH T COWAOO SAWYER OAVIO W MATTHEWS Ci'ArtLf.s c.aw'vf n john . nuii.ocx jOhn w. mu or-C n icON*nn *.wi UC'9'*OT , Mi ll ' OOH 1. O C * 1 ` * n Dt M'jHHAV S. MONftOC Charles O.UNCOCRG ROB 1 ' A * 1. r :v t\*NAI t) l>(r/i.tNriS TERRENCE O. 4RF< 10 AN ROBERT G 3TAI-.MLER GEORGE G. GRUBB JOHN M. BULLOCK TAFT. STKTTINIUS & HOLLISTER 60" OIXIL TfPMINAL BUILDING CINCINNATI 2, OHIO telcp^pki. o U N B A a '-283S CABtCADDRESS "taftho l" July 28, i960 Mr. Paul J. Drugan Legal Section Bureau of Workmen's Compensation Columbus 15, Ohio Dear Mr. Drugan: Re: Henry N. Hoerst Claim No. 107910 OP Reference is made to your letter dated July 25, i960 referring to an Application for Compensation for total disability due to asbestosis filed by the captioned claimant. Hoerst is still employed by The Philip Carey Manufacturing Company and there have been no arrangements made by him with his employer relative to when he will cease his _empl oymerit. Accordingly the company cannot agree that he is totally disabled during the time he is employed. With reference to the employer approving the claim for disability due to asbestosis I wish to advise that the employer is not opposing the claimant's conten tion that he lsserlously disabled but will not approve a rLa-itir-fdr disability due to asbestosis for the foTTowing reason. our records indicate that claimant was off work 'from"June 12, 1957 to October 28, 1957 due to heart attack and prostrate operation and not because of asbestosis. ."Claimant's Report of Occupational Disease" reflects that his lungs and heart were affected by asbestosis. You will note that the report of Dr. Ralph C. Scott, dated March 1, i960, states that in his opinion Mr. Hoerst has extensive pulmonary fibrosis which, on the basis of the history of exposure is most probably due to asbestosis. You will also note that although Dr. Scott did not comment on this phase of his examination in his opinion, the Electro-cardiogram for claimant revealed a serious heart condition. #2 Mr. Paul J. Drugan July 28, i960 It appears that the claimant is seriously disabled and will eventually be considered totally disabled. How ever it_also appears his disability will be due to the lung an9~heart condition- which, lrT~alir^probabillty, has been caused by his exposure to asbestos. You can readily understand why it Is important to the employer that if it Is the claimant's heart and lung condition that is causing his disability then any claim approved should reflect these reasons rather than asbestosis. I believe that Dr. Scott and the Commission doctors will agree that on the basis of Dr. Scott's examination the claimant is as disabled from his heart attack as from any other reason. You will note that claimant was allowed to return to work with The Philip Carey Company on October 28, 193? with the knowledge that he was experiencing difficulty with his heart. I feel this action on the part of.the employer was carrying out the spirit of Section .4123.343 of the Workmen's Compensation Act and accordingly the employer intends to seek the relief afforded by this section^ ~ ----------------------------- It therefore becomes important that if and when a finding of *j)ermarieht and~~Tri?1^rlr~^drsabilitv is made in . this cabe one of the major causes of claimant's disability be--because or ms neart" regardless of-what caused this ~ condition.------ --- " ' I am suggesting, with your approval, that the claimant be allowed to amend his application for total . disability to reflect his disability as resulting from a heart and lung disease. I will appreciate hearing from you in this regard. Yours very truly. TAFT, STETT. By L. A. Obenshain