Document k6YeZb4q7Zx7Mrw8q12XNyj0J

FILE NAME: Fibreboard (FIB) DATE: 1953-1955 DOC#: FIB020 DOCUMENT DESCRIPTION: Legal - CA Industrial Accident Commission Claim File of Harry Markel Kish with 1988 Cover Letter to Plaintiffs' Counsel from Law Firm RO BERT H. CORNELL J . KEN N ETH LYNCH ANORCW 0 . LANOE ROOER C. RETER FR ED ER IC K A. PATTERSON JA M E S r . HALLEY SU SA N IN JIJIA N law o f f ic e s o p Ha l l e y , Co r n e l l 6cLyn ch A PROFESSIO NAL CORPORATION S2B MARKET STREET, SUITE 3 7 00 SAN FRANCISCO, CALIFORNIA 04IO S-274B (4IS) 4 9 S -0 0 O O June 3, 1988 RECEIVED JA M HA LLEY JUN- 7 Ifc FAX (4 1 8 ) 4 8 8 * 4 8 3 7 Re: Asbestos Litigation TO ALL BAY AREA PLAINTIFF'S COUNSEL Dear Counsel: Much to my surprise, I found this office's old file . concerning the wrongful death of Harry Markel Kish, which is relevant^or purposes of establishing the earliest date on which some local contracting companies had knowledge of the mortal risk posed by their products. Mr Kish worked as an insulator in the San Francisco Bay Area from approximately 1889 until the date of his death on March 19, 1952. Mr. Kish died of a heart attack "^ile going to get his lunch pail at the end of a day working inside the "General Brewster" with William Green. Mr. Kish s P^sician, Robert A. Mendle, M.D., rendered a report connecting the heart attack to Mr. Kish's previously diagnosed asbestosis. My father represented Mr. Kish's widow in a worker s t compensation action before the Industrial Accident Commission of California and a Longshoreman's and Harbor Workers Compensation Act cas2 S4fo?e ?he S?S. Department of Labor, Bureau of Employer's J a n S S ^ ^ H i s s f L r s s t t ^ d ^ i ^ l ^ ' ^ f ^ l i t ^ u l a r ' n o t ^ i s the fact that Pabco Products, Inc. paid $350 towards a total settlement of $2,750 on May 31, 1955. Deputy Commissioner C . F . Hanson of the Federal Bureau of Employers' Compensation re3ected the Kish claim on August 15, 1956. Selected documents from this office's file are enclosed. I felt all of you would enjoy receiving these papers. Very truly yours, HALLEY, CORNELL & LYNCH kwhl  l W r t 0 ' o N i r a u i tra M M m nmm A puMfT*0 'oNTtonu uv ? M M mumm i *m *;w h * I XMMS OM 'MflQMI g m v i i n 'm i m m i a m u O H I M O w n w 'emAtiw* M M ? M M XOOf wnw M * a H l 6000 I M I 1T O * M W H | M * M H O T M 0 T M m o `m x o m 4 m M m Xm 00 I W J I W mujnmt tra M I O M H N I I M M T I M *0 W | M I m m pUMOMI Ai *00 s o m o s o u i u m *90X 81OOU O T O aox s i m v a i s a AA M n A M M U m -- *00 x x n o o o o n m r u m *aox n o o o s i *i *f *oo t c m m m t m oo n e o h o u r *oo loxorxaoox xooo *oo s x u r n m r u *oo o o s n o v n u s T * M J T X * 0 'm j i o u i o | M i l tftfaa xo awl A 'nMv ' o s a n r rrxr ici6:noo m a x o o r irrusaaix sio iirn * Trxusnoix xo u g tu r a a T m w r i T o o u u o m L-Kflr a/\id33 T M i t l i m *0 M I M M I M ___ M M M M f *0tf MjMOQ 00 M ' a n s i m i se le oe 63 83 3 93 S3 *3 3 33 13 03 61 81 I 9T ST *T ex 31 IT 0T 6 t | o j u i 9 ' H i W M i n f *%--*%% 8 rpuejTTO tot Ia Om# poni *mmniu. A t-- *-- L q|S9 } H*V % eq* *00 rttJDT 83W H 3 J uoj%d*c* t * n * W * 9 a u q i w , m V i M i t i t e *<* acj u v u h a u i w i S t w M m iiiuauu t w n n ` H 1W 4I a MMM MMIHI M l t i t 9 vaunms e 3 *oo m i A j m i o c / i V, # am r^ANeiwo mci ____ mncurant o k t mD o m n u i u u m a 1 U MAM i ",m" 1 INDUSTRIAL ACCIDENT COMMISSION 5 3 $F APPLICATION FOR ADJUSTMENT OF ALTA AN D 8H 607 VIIlians Road Salinas, California 558-01-0406 See Title Sheet Attached See Title Sheet Attached ^ J U lss. & . W ifirsA-- ESI See Title Sheet Attached_______ im sn i'i wsuaa camiu See Title Sheet Attached__________ i i i i B f i c A ir o r# nsw # i. Harry Markel Kish, May 15 ,1683________ ,w lu k m p l< ^ ibeatoajroriM w IU IW IIM T U M T I Of IIIT I BCCEFATIM AT T IB I BP MJVBT March 19________ i>52 lt_ San Francisco cm, Ten aoru a vain b jiit oceani .___________,Californio, by Charles Arer Co. n iiv u n sn i , rammed injury Arising oat of Ansi in the count of die employment, as foQowr Claimant was asbestos worker for many years, and was occupationally con- mate aev humtn s ttcovu tlnuoualy exposed to aabeatos_______________________________________ molting fa aabeatoala. Buimnnary fibrosis with secondary heart dlaeaae and finally BTATI M A T M i n V MOT V BBt I death_____________ 2. Fireman a Fund Group . v u die employer*! farotm er cerner oo date of injury. I. Died March 19 l52_ I Arar . 19- 4. 4 Mop* Hone e ic e n t . lone M TV U S T M f l O T MAM that t)r. Robert handle of 655 Sutter Street, San Frane 1b o o , California, treated Mr. Kish during his lifetime (. Approx! 7. Only on la 19.00 per dear five I (am, m et men) out of town lobs anm, imene, eeATMKtAAMaTABCsest f days average______ fnsm u m 6 wvtvbbt bami,statimat.abbaabskttalbcmiaoi leWAAMITWMIT 9. u r r a n abt s n i i b j s m s tvb bat ba b p m v b k b a a a ib v b b pma* . i a It ia cUimed diet the deceeud left die following nuned dependent-- i ABB BBLATIOMSHIF ^Ita Ann H a h _______ 59 Wife__________ 607 Wllllaais Road Salinas, California II. iac reeion for film, due cfaimin P M t h C la im Wlfe_eurril55_ auu B i e jji B rail r i g h t s and b e n e f i t s u n d er A c t ._________________________________ THEREFORE,it h n qu n tri that rtim ro n J titer bt fx td fo r lu tim i orni ootict g h n , orni that m oritr or am ori Sr cm* granting tucb n tirf m Sr party or portiti ouy b* ontin ti to. F o a m 9 4 c r e v caat . isso e0 TT 4 It CM <T , * / c> h g * t b o x Kish She diagnosis of eongestlve heart failure seoor^hxy to pulmonary fibrosis (asbestosis) was made. The patient vas placed on a salt poor diet and digitalised* Vhon seen again one week later the patient had la proved* Ee hgd lettie sputum* less dyspnea* Sis pulse as 80. He as not seen again until J a m a r y It* 1948 hen he had fractures of the right 8th and 9th ribs In the axillary line* He as treated conservatively at home and returned to work In about six weeks* I did not see M m professionally after that although I did see him In September 1951 when I vas treating Mrs* Kish* On these occasions he seemed* from appears!ee only* to be at about status quo* ri I understand that Mr. Kish died suddenly early this year while engaged In his usual occupation* I feel that Mr* Kish had a eompenslble illness for these many years* namely asbestosls* pulmonary fibrosis secondary heart disease. There is no doubt that prolonged exposure to asbestos brings about pulmonary fibrosis which Inexorably progresses to compensatory emphysema* eor pulmonale and congestive heart failure* Mr. Kish had progressed through all these phases* iny environmental situation which brings about a need for increased cardiac output would naturally strain the heart. Vhere there is already a degree of heart failure a state of myocardial insufficiency supervenes and as a result a myocardial infarotlon may occur* On the day of his demise* If Mr* Kish had worked hard in a hold or ether area of low oxygen tension* the situation would have been ripe for a myocardeel Infarction and his death* Sincerely* RAM/ep /s/ B. A. Mendle, M.D. u 1 n ' P 80 A. D U , M.D. Butter Street Francisco 8 July 88, 19S8 p b \ Mr. Janes W. Halley 89 Poet St. Ban Pranolseo, Calif. RE: HARRY KISH Dear Mr. Halley, . I first visited Harry Kish January 4, 1947 hen he suffered froa an aeute respiratory lnfeetlon. At that tine he as 68 years old and gave the following history. He had been an asbestos worker for the,, past 49 years vlth the usual exposure to high oonoentratlons of sllloa dust. Per the prewlous 6 to 8 months he had suffered vlth ibortnesa of breath, nuoh worse vlth exertion. Por sev eral years he has been unable to sleep In a reolining position and has resorted to sleeping propped on several pillows. During the past 8 to 4 years he has produced considerable phlegn in the aomlnga on awakening, often coughs all through the night. PHYSICAL HKAMUATIOli Teqp. 98.6, Pulse 96, HP 180/80 The patient was a gaunt,elderly, asthenic, white-haired aale Moderately uneoafortable. l.l.T. Teeth wore carious. In poor repair. fboraxt Increased anterior posterior dleaeter, poor erponHanTelarlag costal aarglns. tegsi Resonsnt. Diffuse sub-erepltsnt rales snd ifecnenae at both bases. learti Within nornal Halts for site. Bounds were good with a harsh, prolonged syetolla apical auraur. The reaalnder of the exaalnatlon was essentially noraal. X-rays of the chest as fellowst* *The heart Is nonsal in slse snd shape. The aorta is not oldened. The lower lungs are aspbyseaatous. The hilar shadows'an the right are enlarged. A few nodular lesions ere present In the parenehyaa of the alddlo of the right lung snd Multiple areas of nodular density with fibrosis extend from the left hllus Into the parenehyaa of the nlddle of the left lung. Ho cavities are noted." 1 H * m W B U l ACCXDMT COXKXtSlCI CF TME STATE CP CALIFCRRIA S C U W * 0 . 145-939 5 4 AI*A M I B U , 5 6 n. Applieant 525 06 7 M B C m A8BBST08 00. , CHARLES AIRES CO.. CORK HSLATICK CO., MWDET CORK CQRP.. 8 S L A? c o ., j .t . thorpe a so i, b c . , 9 S S ^ L * 8^ 08* 8DPPLr C0** ARMSTRORO Tw arsdale- hahrib, paraffdte c < pabco Products, ikc. . 10 ASBESTOS CO., JO 8 KAKVXLLE l S ^ J OTMBK,S JRDKWITT CO.. STASE 11 8K ^ . 5 18 IS.D^ o o " r iTT " " " 4 5 5 Dfendante AHSWm T0 APPLICATICK ORES I W dfendant PACIFIC KMPLOERS IKSRAHCE COUPAIT, 17 I v l t o 1 . anaver to application on f U . h erein . I t danla, a U tha 18 |a i l agallan a 0f aald ap p licatio n , althongh l t admita th a t a t c a r 19 \**ln t l a a a . ald tinaan ot pat known, th a t i t ira* tha a a * a n a a tla n 20 |laauranaa a r r ia r P ar J . * . harpa A Son, In c. 21 I I t aerea ta atrlk a tha aald application Proa tha Pilca of 22 lyour O oH laalan, l&aaauoh aa aald ap p lication and th a aip laaan t 23 I a tta c h a i th a ro ta do not aonPera to tha requirenenta o f pour C a _ 24 I l 'a l a n a r the e p eelfleatlan a a f Section 5500.5 aP tha Labor Cada. 25 ' U I* llgd that aa aotioa v u giran *p tha d ie a b il-# 2 J i t y 1* 1 tha t i a a aa requirod by l a v , and th a ra fa ra pour , w . 27 I ing dafaadant haa baon prejudleed. 88 Zt la furthar allegad, a ffira a tira ly , that tha alaia la 9 Ibarrad by tha B tatn ta a f L i a i t a t lena aa prorlded by S a a tia a . 5400 30 h o SU S f tha Labor Coda of tha S ta te a f C alifo rn ia and p a r t i , * . 31 l a r l y 32 I UCHA rtUPPI Anaaam ra i , m m ia n ih c aa m rcANaioac S e ctio n , 3*04, 5405, 5406, 5410, i- 5411 m 5412 th areof * 1 MOTORS U i t raspastfally ifeat >pliaat fcrito 2 ttkt nothing from jour answering defendant 3 Respeotfully submitted, KULM ft FILIPPI, Attorneys ftp 4 PaeIPlo h v l f j t n IniwiBH Co* 6 6 y. 7 8 0.6 A l t s A n n Kish 407 Williams Road, Salinas, California J,T,Thorpe f`t Son,Ine, "1351 O'ca an Ava. BnuetrtytTlIlIlIei,, Cialifon|i 9 Paeifie Employers Inaurane Co*, 3770 fied n on t Ap s .,O akland 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2- PI T. M I ) x bxporb m 2 m m m u L acchont oomobsxon op n s state op c a l ifo m l i CLAIM1 0 . 11)5-939 3 4 ALTA JMI EC U . A p p lican t 6 va. 7 WESTERN ASBESTOS COMPANY, CHARLES AIRES COMPANY, CORK S U L A T I COMPANY, H W D E T CORE CORPORATION, 8 PLANT ASBESTOS 00., J. T. THORPE A SON, INC., DUTTON ASBESTOS A SUPPLY CO., ARMSTRONG CORE CO., 9 VAN ARBDALE-HARRI8, PARAFFINE COMPANIES, INC., ! PABCO PRODUCTS, D C . , PLANT RUBBER A ASBESTOS CO., 10 JOHNS MAN Y U L E CO., 7IREMEK *S FORD IND E W ITY CO., STATS C0HPSI8AXICH INSURANCE FOND, ONITED STATES 11 CASUALTY CO., AETNA CASUALTY A SURETY CO., INDUS TRIAL IHDEMIITY CO., and TRAVELERS INSURANCE CO., 12 Defendants 13 I 14 ANSWER TO APPLICATION 15 COMES NOV defendant TRXTED STATES CASUALTY COMPANY, with 16 ita answar to application on flla herein. It danlaa all tha 17 allegations of paid wplieation, although it adnits that tb ear- 18 tain tiaaa, said tines not pat known, that it waa tha eoapenae- 19 tion Insurance jurriar far tha Cork Insulation Company. 20 Xt aevea tp atrike tha amid application froa tha fllea of 21 pour C e w ia a io n , inasmuch aa aaid application and the supplement 22 attaahad thereto io not confers to tha requirement* of your 23 fliiMlaal an ar tha apaaifleatlana aC Baotlon 5500.5 of tha Labor 24 Cade. 25 It la alaa alleged that no notlaa waa given of the disabil 26 ity within the tlaa aa required by law, n d therefore your 27 anawarlng dafsndmit has bean yredjudleed. 28 Xt la further alleged, affirmatively, that the clala la 29 barred by the Statute of Limitations aa provided by Section* 30 51)00 to 51)12 of the Labor Code or tne cate of California and 31 p a rticu la rly Seotiem 51)01), 51)05 51)06, 51)10, J9)U and 51)12 th ereo;'. 32 eX*" ' MUUIN * nLiPIl SIS MaarMravaaoNMmaav tr. Burra i. mbsbawimc C xaaeaa i-T ia t A 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 *1 rr. 11 1% la respectfully prayed that applioant herein taka Mthlng trim jaup answering defendant. teepeetfully submitted, M D U A k FILIPPI, Attorneys far ttiltad ttataa Casualty Company By vnrrmror c.o, Alta Ann Kish, 607 Willians Road, Salinas, California B a lla y , I4.OO Crocker B l d g ,, San F r a n c is c o , C a l i f , Itoitad S ta te s Casualty C o ., 320 C a lif o r n ia S t , , San F ra n cia e c -2- 1 * trial a c c i m r sonassi or m s m u u r m i 2 M A I M 0. Ut5-tJ9 3 4 ALTA An K3IK 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 WESTERN ASBESTOS 00., CHARLES m w CO,. OCRE 3R SO L A T I 60, M M DEI CORA OCR?.. K A R T ASBESTOS CO., J.T. T H H t ft SOI, C . , 0.,TAR * 8UP,LT co., a w m t r o s o o c r ARSDALE-HARRIB, PARA P T I COMPARUS. SiC., fABCO PRODUCTS D C . , FLIRT ROBBER ft ASBESTOS 00., <10913 MARTILLE 00., R H U M B * *S F1H D B D W i n CO., STATE OOMPMSATIflR U S B - "ARCE R W D , W I T E D STATES CASUALTY CO., AE7BA CASUALTY ft StRETY CO., WDBSTRIAL D E W I T T CO., od TRAVELERS S O U R C E CO., ------------- PsfanAanta SUm,SMKT TO ANSWER TO AFFLIflAT^ff In furtharanaa af 1 w i r to appUaatian an fila h*r*An WIRD STASES CASUALTY adatta that it vaa tha tlan Inavranaa aarrlar far Cork i M v t fw 1, 195* to f m u a r r 1# 1953. Cm+mj fRaa l a Raapaatfullp satalttad, M D U ft FILIPPI. A t t a r a a n S r W l t a d Statar S u a S ^ M s X "! . 1 a. Alta Ann Alati, 07 VI 111 v a . ... . W l t a d * t * a a Caaiult? Ca., JtO S a l f a r m U M T * ! *VaMla4o LJLLCN ft riLIFRI ATTOIM Iva ulva i. MaatANiMC sxaaooa a7sai > ]xron aat m m r n u L A cen rr mmubih 1 SLAIK IO. V & m 2 u h m u i s r m u , 3 ALZA I EZBI, 4 Appli** 6 T *. 6 W S I B H N AABB8T06 CORPAS!, CHARLES t T W COMPARI. 7 CORA SSULATIOi COMPIVI. MUNDIT CORK CCRPflRATZC* . PLAKT ASBESTOS CO., J. . TBORFE A SO , D C ., 8 D u n a ; a s b e s t o s a s u p p l c o ., a r m s t b o b o c o r a c o ., YA* ARSDALE-HARRIS, PARAFINE COMPAS XX8, INC., 9 PABC0 PRODUCTS, JKC., PLAVT BUBBEB k ASBESTOS CO.. jrOHVS MAN TILLE CO., P ZUMB 8 H S D ZNDEWZZr 00., 10 STATE COMP I A T I IBSUMAN QE P I , I X ) STATES CASUALI! CO., A I W A CA8QALTT A SUXXTI SO., INDUS 11 TRIAL B D B tfin CO., and T H A V K U S S INSURANCE CO., 12 Daf andan to 13 m m m to applicati 14 15 OOMBS NON dafandlt VITSD SCAXBS CASAIIT OOMPAH, viIh 16 ita aasvar to pllaatlan m fila Barala. It dacia all toa 17 *U*gatlaoa af aald a p llu U a i, It adalto toa* to aar- 18 *ala tlaaa, aald tlaaa aa* yat kawa, toa* 1* v u t o latomia i 19 *lan tu a ia iM sarrlar ftr tot 9m k lasciatila Ostoaay. 20 I t aaraa to atrito tha aald pyllsatiaa fraa toa fila s af 21 loar oaaalsslae, tannato aa aald ayylUatlao ad toa atoslaaant 22 attri s tii tharato da aa* aanfara to toa ragnir i n i t i af f i 23 aaa apa*m iasm a* ar sata n a t f to* Lator 24 25 I t la ais* Alistad toa* aa la tita vas g%rm af toa a-- 26 1*7 Itola toa Una aa rtfairad ty Uto, i d toarator# yu r 27 pas dafaadi* b i toan pradjntlaad. 28 It la farthar allagai, afflm atlvaly, t o t toa ia 29 *tr toa Statato af LUAtotlaaa aa j a a i U i l fcy astiata 30 Affi to A l i af toa Ltoor Saia af toa Stato af allfarala and partlaalarly S ta tili SUOI*, *M>5, A 06, AIO, 0*11 and A lf toaraaf -1* / f I WBXXrau, I t is r u i t ftttly jrajroS Hut p U u it tarsio tota MthB| (Mo y i t a t i M o U * t. KMMOtflUr stftalttoS, M i l ft FZLirrZ, i t t m i i for a m tatos ta n ilty 017 **----- --------------------- 7 8 e .e * A lto Ann Kish* 407 M illieoB I n i , S alin as, Col Lforo ta Atan V, Bailor, UOO Croakor 114g ., Ban Pranolsoo, Calif, 9 Uhitad Stato Casualty Oo., 320 California St, San Franolso 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 uros 1. MttSAHlNC C K aaooa *# ALTA ANN KISH, vs. ELDON B. SPOFEORD, Referee San Francisco, 3/26/53 WESTERN ASBESTOS COMPANY, CHARLES AIRES COMPANY, CORK INSULATION COMPANY, MUNDET CORK CORPORATION, et al, Claim No. S. F. 145-939 Injury: March 19, 1952 REPORT OF REFEREE ON ORIGINAL HEARING Application by widow of an asbestos worker alleging injury anddsath on March 19, 1952, from occupational disease. Everything in issue, including the Statute of Limitations and prejudice for lack of notice. Attorney for Fireman's Fund Indemnity Company admitted coverage for Charles Ayres Company and employment of decedent for one month from February 15 to March 19, 1952. Coverage admitted by Aetna Casualty and Surety Company for Mundet Cork Corporation and employment for one week in January,1952. Attorney for State Fund admitted coverage for Western Asbestos Company for 20 years up to January 1, 1953 State Fund also admitted coverage for Pabco ft-oducts, Inc., and their successor, Plant Rubber and Asbestos Company, and asserted that Paraffine Companies, Inc., were self-insured and had no connection with Plant Asbestos Company, Attorney for United States Casualty Company admitted coverage for Cork In sulation Company and employment for broken periods in 1946 and 1949 and offered a work record, received as United States Casualty Company's Exhibit A. Coverage for Plant Asbestos admitted by Pacific Employers for the period January 1, 1951, to January 1, 1952, and bv the same carrier for Thorpe k Son, Inc., for the period August 2, 194#, through December 8, 1951. The ear-nines statement from that company was received as Pacific Employers Insurance Company's Exhibit A, Mr. Mullen also stated that according to his information Tan Arsdale-Harris Lumber Company was insured by Pacific Employers from August 25, 1931, to Aurust 25. IQ'*#, and thereafter by State Fund; that Pacific Employers also Insured Plant Asbestos Company for the period May IS, ly3#* to January 1, 1952. There was no appearance on behalf of Johns Manvllle Corporation, but a letter from their attorneys stated they were informed that Travelers Insurance Company was its carrier in this proceeding. William Kenneth Green, called by defendant Charles Ayres Company's carrier, testified that he worked with the decedent for about a month prior to March 19, 1952, on the S. S. GENERAL BREWSTER, at Pier 36, KISH -2- Claim No. S. F. 145-939 San Francisco, which was a commissioned vessel and had been converted into a troop ship and was under the MSTS. He was decedent's foreman and all of his work was done on the ship. He was working with him the day of decedent's death and they were insulating pipes in the hold of the ship. They were using fiberglass and magnesia pipe covering. There was the usual amount of dust connected with the work. They did not wear masks. It was a little wanner than usual that day and the witness asked for more blowers. He had received some but he said not enough, and there were galvanized fumes in the hold that day. The decedent died at the end of the shift as he was going for his lunch bucket. There was asbestos in the magnesia coverings but not in the fiberglass. Witness does not know in what proportion. Charles Edear Newell, called by defendant Cork Insulation Company, testified that he'TTad worked for that company for 19 years and knew the decedent; that his company does cork insulating and has never used fiberglass or asbestos insulation except on rare occasions during the war, and that in small quantities only. He says Kish did no asbestos work for his company but cork insulating only. He is general superinten dent of the Cork Insulation Company. At times they use cork dust. He said it was not real dust, but was granulated. Efiward A. Dwyer, called by applicant, testified that he is an asbestos worker and was business agent of the Asbestos Workers Union, Local 16, up to January, 1952. He had known decedent for about 30 years. He worked with him during World War 1 for two or three years at Bethlehem Steel Plant, which was boat work, and the subcontractor there was Western Asbestos Company. He also worked with him in 1936 for a period of about six months at Sun Valley Lodge for Western Asbestos. The men were hired in San Francisco for that job. He also remembers decedent working for J. T. Thorpe and Son at Mos3 Landing, in 1949 or 1950. Before that he had worked for Plant Asbestos Company at Oleum in 1942. Decedent also worked seven or eight months at the Standard Oil plant at Richmond in 1950 for an eastern contractor named v . M. Kellogg, whose address he does not know. Says the hiring hall records are only kept for two or three years. He believes the list of employments prepared by the present secretary of the union, Mr. Chase, is correct. He said decedent worked for Dutton Asbestos and Supply Company during World War 2 at Kaiser Shipyard. He he* with cork insulation and *by use sacks of it in granulated form and when It. dumped the dust comei off it. He does not know the size of the particles. DISPOSITION: Continued for further hearing upon notice. BBS:jrp ELDON B. SFOFFORD, Referee. ALTA ANN KISH ve. WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, CORK INSOLATION COMPANY, MUNDET CORK CORPORATION, PLANT ASBESTOS COMPANY, J. T. THORPE AND SON, INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ARMSTRONG CORK COMPANY, VAN ARSDALE-HARRIS, ' PARAFFINE COMPANIES, INCORPORATED, PABCO PRODUCTS, INCORPORATED, PLANT RUBBER AND ASBESTOS COMPANY, JOHNS MANVILLE COMPANY, FIREMAN'S FUND INDEMNITY COMPANY, STATE COMPENSATION INSURANCE FUND, UNITED STATES CASUALTY COMPANY, AETNA CASUALTY AND SURETY COMPANY, INDUSTRIAL INDEMNITY COMPANY, TRAVELERS INSURANCE COMPANY, GIDDINGS SUPPLY COMPANY, BAY CITIES ASBESTOS COMPANY, LIMITED, ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY, INCORPORATED, VAN FLEET-FREEAR COMPANY, IDEAL VENTILATING AND SHEET METAL WORKS, LANGENDORF UNITED BAKERIES, INCORPORATED, E. B. BADGER AND SONS COMPANY, MADDEN PLUMBING AND HEATING COMPANY, L. J. MADDEN (Owner), KAISER ALUMINUM AND CHEMICAL CORPORATION, RICHMOND SHIP BUILDING CORPORATION, GENERAL INSULATION AND SUPPLY COMPANY, and PACIFIC EMPLOYERS INSURANCE COMPANY Eldon B. Spofford, Referee February 8, 1955 San Francisco Claim No. 53 SF 145-959 Injury March 19, 1952 REPORT OF REFEREE ON FURTHER HEARING Counsel for Plant Asbestos Company stated that he withdrew the stipulation as to insurance coverage for the period 1958 to 1952. Counsel for Industrial Indemnity Company stipulated to insurance coverage by either that company or Industrial Indemnity Exchange for the period 1942 to 1952 for Dutton Asbestos and Supply Company. H b also stipulated to insurance coverage for Kaiser Aluminum and Chemical Corporation by Industrial Indemnity Exchange for a period not known to counsel at the present time. Alta Ann Kish testified that she is applicant in these proceedings, and that she married the decedent July 31, 1913, at San Rafael, California, and produced a marriage certificate showing a marriage performed by Judge V. J. Magee. There was never any divorce or separation. Her husband supported her throughout their marriage, and she never worked. She is now of the age of 62. There are no children of the marriage liv ing. She is at present living with an aunt of her husband. Her husband was of the age of 68 zt the He bed oriced in asbestos work 'ry** 1Qrv; of his death. He died on March 19 1952. She paid the funeral expenses of $509.00 to H. F. Suhr Company, except for a balance of $172.00 on said bill. She also paid Wo odlawn Cemetery an additional $387.25 for a burial plot. ALTA ANN KISH Claim No. 53 SF 145-939 February 18, 1955 Page 2 Her husband's earnings had averaged better than $ 4 ,0 0 0 .0 0 a year for the past ten years. As a young man her husband bad been healthy and engaged In athletics, Including boxing. The first changes she noticed In his physical condition were around 1956, and at that time an Insurance company refused him life Insurance because of a bad cough and difficulty In breathing. Around 1940 he commenced using a separate room for a bedroom. He could not breath lying down, and he slept In a sitting position using big pillows In his bed. He also coughed large quantities of sputum. His condition gradually grew worse. Around 1945 or 1946, she noticed his color be came pale, and he was sick every morning until about ten o'clock. He had a heart attack In 1947, which occurred at home after a hearty dinner. Dr. Mendle came out and had x-rays taken. Her husband stayed home a few days only, and she denied that he had any other heart attacks. She went to his place of employment several times In Sausalito. This was during the war, and the Plant Asbestos Company had a shop there where her husband worked In connection with the shipyards. She said the asbestos dust was thick in the shop. Later he went to work for Western Asbestos Company, where he worked in asbestos principally but also with cork covering pipes, boilers and refrigerators. At night his clothing vould have asbestos on it. Cross-examined, she denied that there was any previous marriage of either her husband or herself to another. She admitted that no promise of compensation had been made and no compensation bad been paid, and no medical treatment had been furnished or promised to her husband. She said that as early as 1956 be thought that his condition was caused by bis work, and that he was told so by Dr. Mendle in 1947. He went to the doctor at intervals after 1947, and the doctor called at the house at times, possibly a dozen times altogether. He stayed off work for maybe a day or two at a time, but this occurred only four or five times. In 1947 he was laid up for about two weeks. She denied that he had gone to a doctor for treatment in 1936, but said he went for purposes of examination for a life insurance policy. She believes that the first time he had gone to a doctor was in 1947 He worked on ships off and on, but be had not worked much on ships during the last five years. He worked for Thorpe for one year at Moss Landing, she thinks in 1950, and during the latter part of the job be got worse and complained of a crush ing feeling in bis chest. However, be refused to go to the doctor. He was off once for five or six weeks as a result of some broken ribs, during which time be received compensation and was treated by Dr. Mendle. That doctor has been bis only physician. Dr. Robert A. Mendle testified that be graduated from D. C. in 1942 and has been in general practice since 1945 He first saw the decedent January 4, 1947, at which time he made a ALTA ANN KISH Claim No. 55 SF 145-959 February 18, 1955 Page 3 diagnosis of basilar pleurisy and pulmonary fibrosis. In March 1947, the symptoms had Increased, and the patient had a congestive heart failure. Digitalis vas prescribed. Blood pressure was normal at that time. He assumed from the history that the pulmonary fibrosis was a form of pneumoconiosis known as asbestosls. It is true that such a disease progresses with out further exposure. It was In a moderate, or second degree stage. He advised him at that time, namely, In 1947, that his condition was due to his work. The patient sustained some broken ribs in January 1948, and he was off work six weeks. He was working at the time for one Harry Williams. The insurance carrier was Pacific Employers Insurance Company. The witness stated that congestive heart failure cuts down ventilation and produces fibrosis, but does not itself cause myocardial Infarction or occlusion. He last saw him as a patient in March 1948, and since then has seen him only socially. He can only conjecture as to the effect his work had on the progression of the disease. His assumption of the existence of the disease is from the history only, and since no biopsy was made he is not sure of the diagnosis of asbestosls. On his first visit he received a history of cramps during the night before, and of shortness of breath existing for several years. On his second visit, in March 1947, he re ceived a history of morning sickness and night cough and cramps also of dyspnea for six or eight months. His work history was of working in asbestos for 49 years. The patient was of the age of 63 at the time of his first visit. His opinion of the causes of death is that the causes were acute coronary occlusion, coronary sclerosis, hypertrophy of the heart, chronic heart congestion, and cor pulmonale. He believes that all of these together caused the coronary oc clusion. He believes that the asbestosls gave rise to hyper trophy on the right side of the heart. He received a history that on the date of the death decedent was working on a ship in the hold and it waB difficult to obtain sufficient air. He did not himself attend the autopsy. The two x-rays taken about a year apart were essentially the same. The heart congestion of March 1947 cleared up after medication. The x-rays showed density at the hilus and widen ing of the Inter-costal spaces and emphysematous. Edward A. Dw yer, recalled by applicant, testified that be vas business agent for the decedent's union from 1942 to 1952. The decedent worked in asbestos oni rrrk lr.ctc.llation, and V t r r r ; had worked on various jobs with the decedent. His first job was in 1917, at which time he worked on tankers with him, and there was plenty of asbestos dust. He later worked with him in Sun Valley on construction of the hotel there. This work was In the open, but there was a certain amount of ALTA ANN KISH Claim No. 53 SF 145-939 February 18, 1955 Page 4 duet from handling the asbestos. He also worked on a Standard Oil job with him at Richmond in a refinery and certain other jobs of abort duration. The last job he worked on with de cedent was in 1942. He is familiar with the shop in which decedent wcrlnd In Sausalito in 1942, and he said there was plenty of dust there and not enough blowers. In working in closed spaces on ships, besides the asbestos dust, there is also smoke from the welders and burners, and it is dusty in the holds. While working on ships there are also fumes from spraying paint, but they do not work in enclosed places dur ing the same time the painters do the spraying. Applicant's attorney requested a further hearing. DISPOSITION: Continued for further hearing on notice. EBS:MAM ELDON B. SPOFFORD PfriE'EREF, ALTA A M KISH vs. WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, CORK INSULATION COMPANY, MUNDET CORK CORPORATION, PLANT ASBESTOS COMPANY J. T. THORPE AND SON, INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ARMSTRONG CORK COMPANY, VAN ARSDALE-HARRIS, PARAFFINE COMPANIES, INCORPORATED, PAECO PRODUCTS, INCORPORATED, PLANT RUBBER AND ASBESTOS COMPANY, JOHNS MANVILLE COMPANY FIREMAN'S FUND INDEMNITY COMPANY, STAT^ ' COMPENSATION INSURANCE FUND, UNITED STATES CASUALTY COMPANY, AETNA CASUALTY AND SURETY COMPANY, INDUSTRIAL INDEMNITY COMPANY, TRAVELERS INSURANCE COMPANY, GIDDINGS SUPPLY COMPANY, BAY CITIES ASBESTOS COMPANY, LIMITED, ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY INCORPORATED, VAN FLEET-FREEAR COMPANY IDEAL VENTILATING AND SHEET METAL WORKS, LANGENDORF UNITED BAKERIES, INCORPORATED, E. B. BADGER AND SONS COMPANY, MADDEN PLUMBING AND HEATING COMPANY, L. J. MADDEN (Owner), KAISER ALUMINUM AND CHEMICAL CORPORATION, RICHMOND SHIP BUILDING CORPORATION, GENERAL INSULATION AND SUPPLY COMPANY, and PACIFIC EMPLOYERS INSURANCE COMPANY Eldon B. Spofford, Referee Dictated May 6, 1955 Claim No. 53 SF 145-939 Injury March I9, 1952 REPORT OF REFEREE ON ORDER APPROVING COMPROMISE AND RELEASE The widow of an asbestos worker filed herein on January 16, 1955, an application alleging that decedent, aged 68, con tracted asbestosis and pulmonary fibrosis as a result of numerous employments over many years, resulting in death on A compromise and release agreement has been filed, wherein several of the defendants agree to pay a total of $2,750.00 in settlement, nothing heretofore paid. * Several hearings have been held in this case before the under legal questions arose, including the defense of the statute of limitations, and there is evi dence that the decedent knew of his condition and its causal relation to his employment as early as 1947. in view of all ALTA ANN KISH vs WESTERN ASBESTOS COMPANY et al. ELDOw B. SPOFFORD, Referee April 6 , 1955 - S. F. Claim No. 53 SF 145-939 Injury: March 19, 1952 REPORT OF REFEREE ON COK'TIi UED HEARING Counsel for both sides appeared and stated that a Compromise and Agreement had been agreed on but had not yet been filed. It was impossible to proceed with a hearing in this case today, at any rate, because of the length of other cases on the calendar. Counsel stated, however, that there was no need for a further hearing if the settlement agreement were approved. DISPOSITION : Submitted on Compromise and Release Agreement to be filed. E B S :rva ELDON B. SPOFFORD, Referee ALTA ANN KISH Claim No. 53 SF 145-939 May 6, 1955 Page 2 the difficulties in the case, applicant's counsel seemed well advised to effect a settlement with the employers or their carriers during the times when the decedent had any substan tial length of employment, and the settlement reflects in the amounts contributed the length of service with the defen dants involved. It appears to the undersigned referee, and apparently also to applicant's counsel, that the continuance of the litigation herein vouls be costly and might avail nothing, and that a settlement is the desired solution. Applicant's attorney requests a fee of $400.00, which in view of the difficulties of the case and the time consumed, appears reasonable. RECOMMENDATION: Approve compromise and release, payable by the defendants in lump sums as indicated, less an attorney's fee of $400.00 payable to applicant's attorney out of the contribution of Fireman's Fund Indemnity Company. EBS:MAM ELDON B. SPOFFORD REFEREE