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FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1961 DOC#: IWC039 DOCUMENT DESCRIPTION: Claimant - Kingston, George A. Wallace B. Hofferth, Insurance Department, Lancaster * F. M. Downey, Building Materials Operations, Minneapolis Subject George A. Kingston Notice of Filing Decision of Referee Award on Stipulation Apr. 25, 1963 Attached are the above papers on the case of George A. Kingston, who claimed to have contracted "asbestosis" while in the employ of our company as well as several others. as. . FORM 1501 3.55 I OM STATE OF MINNESOTA n b u t r i a l C o m m i s s i o n of iilinneota 3Bibiion of Morbmcn' Componatton gXATE O FFIC E BUILDING. ST. PAUL 1 112920 File No.________________ Record No. 5355C NOTICE OF FILING DECISION OF REFEREE G eorge A, K in g sto n vs. Employe, Sorinkniann Sons Const Co Ltd* et al Employer, and Kn nloysrs Mutuals of Wausau, et al Insurer. TO THE ABOVE NAME D PARTIES AND THEIR ATTORNEYS: PLEASE TAKE NOTICE that hereto attached and herewith served upon you is a true and correct copy of the decision of tne referee filed with this commission in the above entitled matter on the -day of --- ------------------- -- ' 194 3 -- * INDUSTRIAL COMMISSION OF MINNESOTA, By Dated at St. Paul, Minnesota, March 29- , 19-4* F..D McKinnon Secretary, ! STATE OF MINNESOTA INDUSTRIAL. COM M ISSION D IV ISIO N O F W O RK M EN 'S C O M PE N SA T IO N ST. PAUL I File No. 112920 Record No. 5355C AWARD ON STIPULATION George A. Kingston, vs 1) S p r i n k m a n n SonB Const. Co. Ltd. and/or Sprinkmann Sons Corp* i?: JEmploye, l) EmployrSMutuals of Wausau .. . . .1 2) F. S. Lamson Company 3) Riggs Distler & Co., Inc. 4 ) Armstrong Cork Company 5 ) Asbestos Insulation & Supply Co. 6 ) A. H. Bennett Company iix. *! ^ 4) Standard Accident Insurance Co. 5 ) Unknown 6 ) a) Central Surety Ins. Corp. b) Manufacturers Casualty 7 ) Insulation Services, Inc. and/or 7) a) American Mutual Liability b) Travelers Insurance Co. 8 ) Asbestos Products, Inc. 9 ) Smith-Sharpe Company 8 ) a) Anchor Casualty Company b) Bituminous Casualty Corp. 9 ) Anchor Casualty Company The above entitled matter came on for hearing before the undersigned referee of the Industrial Commission, pursuant t aue notice at Minneapolis on March 25 and 26, 1963. and on aa>d latte dat the parties advised that they had reached an agreement and dictated a stipulation for settlement into the record, a copy of which is hereto attached and made a part hereof. T h e .referee has considered the pleadings, the testimony taken, and the stipulation, and finding the facts recited In said agreement to be true and thaw the same is in substantial accord with the provisions of the w r i c men's compensation law of Minnesota, NOW, THEREFORE, IT IS ORDERED That F. S. Lamson Company, employer, and the Travelers' Insurance Company be and the same are hereby dismissed. NOW THEREFORE, IT IS CONSIDERED AND DETERMINED That this employe is entitled to and he is hereby awarded compensation gainst the above named employers and insurers In the due and payable one lump sum without interest deduction of $13 .500.00 representing 3 weeks at $45.00 per week, payable as follows: Anchor Casualty Company $3.375.00 to Robins, Davis and Lyons of St. Paul as stipulated attorneys fees, which when paid shall constitute complete satisfaction for all legal services rendered herein, and $775.00 to employe. Employers Mutual Liability Insurance Company the sum of $4,150.00 to employe. American Mutual Liability Insurance Company the sum of $2 ,750 .0 0 to employe. Central Surety and Insurance Corporation the sum of $800.00 to the employe. New Amsterdam Casualty Company the sum of $350.00 to employe. Manufacturers Casualty Insurance Company the sum of $350.00 to employe. United States Fidelity and Guaranty Company the sum of $250.00 to employe. Bituminous Casualty Corporation the sum of $700.00 to employe. And, in addition, reimbursement by Standard Accid e n t ..Inauran.ce Company the sum of $1,500.00 to employe for p a r e n t by him of medical, hospital, and related expense. Said payments when made shall constitute full, final, and complete settlement of any and all claims of any character or description, Including compensation, medical, hospital, and related items, restating from employe's temporary total or other disabilities claimed to have been the result of occupational diseases of asbestosls or silicosis or otherwise incurred while in the employ of the above named employers from 1919 to October 2, 1959. IT IS FURTHER ORDERED That all petitions filed herein be dismissed. GH: rc _______ GEORGE H0TTINGER__________ Referee for INDUSTRIAL COMMISSION OF MINNESOTA Dated at St. Paul, Minnesota, this 27th day of March, 1963. Mit INTER, ' OFFICE COMMUNICATION To Wallace B. Hofferth, Insurance Department, Lancaster From F< H Downey> Building Materials Operations, Minneapolis Sub'ect George A. Kingston, Petitioner Notice of Hearing (Armstrong January 28, 1963 iAN 30 .t963 Attached is a notice from the Industrial Commission of Minnesota regarding the dates of the hearing in the case of the above individual who claims to have contracted "asbestosis" while in the employ bf our company as well as several others. J&. FD ' enc. FORM 1501 3-55 Forni C-40 STATE OF MINNESOTA INDUSTRIAL COMMISSION OF MINNESOTA M a r c h 2 5 A L L D A Y R'ATIK.T D ivision o f Workmen's Compensation March 26 A L L DAY F F A W State O ffice Building, St. Paul 1 March 27 ALL DAY HT A W 112920 File No.. 5355C Record. No., Oeo r fire A. S in r s t o n U L ` JAN 2? -VitA MINNEAPOLIS, MINNESOTA .Employe, ORDER OP REFERENCE AND NOTICE OF HEARINB >mrsny TO THE ABOVE NAMED PARTIES: PLEASE TAKE NOTICE that, issue having been joined in entitled ma tt e r as requi red by the W o r k m e n 's Co mp ensation therefore the above Law, now IT IS ORDERED that said mat te r be referred a Referee for this Commission, to hear the same of fact and dete rmi na tio n as may be required by produced. to Oeor?? Hottlnr?!*---and make such findings law upon the evidence . . . Y O U W I L L FURTHER, -TAKE NOTICE that said hearing will be held at 15 .ro a u cn Lank suilHxng l.,C korfch 7 t h < in the city or V i l l a g e of in i n e o i n __________ _County, Minnesota, on t h 625-^26-^27d aM fa r c h , A. D. 1&3 , commencing at 9 *Q-n_______ o'clock in t h e j ^ 22_ noon of said day or as soon thereafter as the matter may be heard. L ' . FULL DAYS Dated at St. Paul, Minnesota, Tgru-rv 21____________ , 19 63... INDUSTRIAL COMMISSION OF MINNESOTA, By _________________________________ Secretary D. McKinnon / i t i BtwaoOT yott have re ce ive d 're g a rd in g a i* o t A w ttvi 6^ ; b a ^ tra c te d "a o b e a to sia * h ila in th e aploy e f to M r*' F a lla c e e rth , Assistant StarneraiJaage* o f Departm ent a i I^ c a s te r . ^ fi'. H G ffe rtii and M r*.,W U lia a jrpt -, rV*-^~**''***, le g a lB e p a rtc w it, ^ c ra ta r y ' a O ific e / Lancaster b a v e b e e n jo in tly handl-* lu g th is case trin ca i t f ir s t "cane to " co r; a tte n tio n in O ctober, 1962* '4 i ^ ^ i-v. _ - -i.....;*vyr r - , . . . ..;W -- - ,----- ,4h K.>.**.3*2**i.-*3E3-e.r-~ As s ta te d b e fo re , ne fe e l th a t A ra stro n g C o n tra ctin g k S upply C o rp o ra tio n f> ' ; 'isn'o't *inv'o`lved* in t'h'i`s n a-tt-e-r-s-in o s th e d a te s o f e& p_l-oy.sen.t tas-te r the''*. i>*7* Arm strong Cork Company were 1?1a6, 1?U? and 1?U9 As you know, 'o u r f ile s *? 7_-,*** " ^ s re k e p t fo r even y e a rs , and then destroyed*;;; are n o t,.b3 ; t o .cheek;-;'-Vfv the eraploycent re co rd o f thi$-J*an in any manner fre w f ile s ia Our lo c a l S ffc * ^ f M o * './;>.A Vi?'!*.- -.tv ...--A-''n';-rc >is-^t"-- ,=.-s, cci'`.Srd-.t* 'Gardner,''lanetsr/V^ -Vr-l^r;;-;!^'R* F* X b tta e ie r, Chicagoj'1" " " '1 H iaa'P * Heble, <3Fr.,legal, Dept* /v 5 ; -V C- Corit'.Ce*,^ * V -> ^ ^ . / :'V aIlace B. B o fferth , ^ s u ra n o e Dopt*< r*;- ` I; < Y.fVCarV-n 'siytw**^f^r^. Decenfber 19 19^2 Mr. James A. Leaon Claim Representative Standard Accident Insurance Claim Department 8l6 Second Avenue South Minneapolis 2, Minnesota Company Dear Mr. Leaont Subject: 32-C 3^0383 - Armstrong Cork Company et al George A. Kingston (Employee in years 19^6-19^7-19^9) This is in answer to the questions raised in your letter of November l6 addressed to our former plant location in Camden, New Jersey. Cork pipe covering and cork hoard production was discontinued in our Carden, New Jersey, Plant in 1953 and the plant was subsequently sold on December 30, 1955. So 'the production facilities were transferred to our Beaver Falls, Pennsylvania, Plant and cork pipe covering aid cork hoard was manufactured there until 1959 when production of all cork products at this plant was discontinued. We believe this is the information y o u are seeking although we find it difficult to associate it with a workmen's compensation claim based on silicosis. Very truly yours, Wallace B. Hbfferth Assistant General Manager Insurance Department SLK INTER OFFICE COMMUNICATION To From Subject W. B. Hofferth P. D. Little George A. Kingston ----------(AVm strong V_/ co* c-**wv December 17, 1962 The attached letter of November 16, 1962, from Standard Accident Insurance Company addressed to Armstrong Cork Company, Camden, N. J., was received by us on December 5 We have not been able to locate any records of a George A. Kingston as employed in any Armstrong units including the Armstrong Contracting^ Supply contract group. Records for hourly paid employees in plants a^d ^ A^7 strong Contracting & Supply contract employees are not retained after a ten year period, hence, we cannot say that Kingston was or was not employed by Armstrong Cork Company in the years Indicated in the letter. RJE Enclosure rV. A - FORM ISO 1 2-2 /X* /Sr? NO E N V E L O P E R E Q U I R E D K IR K . President Standard Accident, Insurance Company L. M. P R O B S T cljmm manager CASUALTY FIRE MARINE FIDELITY SURETY C laim D e p a r t m e n t 816 SECO N D A VENU E. SO U TH M IN N E A PO LIS 2. MINN. FRED L. CRAY C O .. NORTHW ESTERN MANAGER PHONE FEDERAL 3*4421 Hv. 16, 1962 Armstrong Cork Company Candan, Haw Jersey Gentlemens R-* 32-C 340383 - Armstrong Cork Co. et ,, .q ,q \ * Geo, A. Kingston (employee in years 1946-1947- 94 ) Minneapolis office of where the cork produc ^ manufactured. Does your company at your the cork coverings and/or boards ft. roanon . ar. f i x i n g for Your o c n Y . n i . o c . in a aalf-addrassad enyelnp.. Thank you very much. Very truly yotrs, f JAlshb enc. JAMES .A. LEAON Claim Representative Standard Accident Insurance Company, Detroit Pilot Insurance Company, Toronto Mr. Walter H . Sinner 4427 H. K. Monro St. Minneapolis, 21, Minn. Hot. 16,1962 Dear Mr. Sinneri Rat 32-C 340333 - Armstrong Cork Oo. Qm , A, Kingston - Employee la years 1946-1947-1949 On Hbvssaber 6, 1962 I Oontacted you pertaining to Geo. A. Kingston, uho was in the spicy of the Armstrong Gork Oo. in 1949. I appreciate the information you ware able to giro ns as far as your nemory oould recollect. Snolosod with this letter Is a lettar that we received from our workman' s eoetpensntion attorney, Mr* C. A. Stark, who will be handling thin workmen's o<-*ponsation claim for cur Oempany in a future hearing. At the paragraph that I hare indicated in pen, this any cause an inoonrenAoncs but if there is any question on this, would you please be so kind as to contact M*. C. A. Stark at the telophohe number listed plea. Again thank you Tery such for your help la this natter. Very truly yours, 'ALthb eno. JAMSS A. LEAOH d a in Representative KESBEY & MATTISON COMPANY Manufacturers of Asbestos, Asphalt and Heat Insulating Producta AMBLER, PENNSYLVANIA P hitm dm iphim A r*m Corf 2iS M ito h m U 6-4000 November 19, 1962 Standard Accident Insurance Company 8l6 Second Avenue, South Minneapolis 2, Minnesota Attention: Mr. James A. Leaon, Claim Representative Re: No. 32-C 340383 " Armstrong Cork Company George A. Kingston - Employee Years of 1946-1947-1949 Gentlemen: We have your letter of November 16, 1962 referring to various asbestos contents in products apparently manufactured by this company. Keasbey & Mattison is in the process of dissolution, and we have very few people, none of whom is technical, that could answer questions asked in your letter. Furthermore, your letter is to indefinite for us to tie down the product .that you are talking about. We are s o r r y we cannot answer your inquiry. Very truly yours, KKASBSY & MATTISON COMPANY H. B. Childs, Secretary HBC-.MO I \ KIsbey and Mattison Ooapany Amber, Pennsylvania tar. 16, 1962 Gentlemen* r* i 32-C 340383 - Armstrong Qork Oo. Om , A. Kingston - ploy** years of 1946-1947-1949 Ua are the insurance carrier for the Armstrong Cork Oo. whose opsrations are located throughout the country. A workmen1s compensation claim has been Bade against our named insured in uhich we are assuming the investigations ns their oarrier. The claimant alleges a silicosis injury. . Would you please be so kind as to advise us what proportion of the asbestos covering that you manufacture (which we suppose is a fora of P*P*r) is asbestos and how such dust there would be per Billion oubio units of air if this ware released into the sir? I believe the same information w u l d iw apply to asbestos paste or material that is used to apply it as wall. TM is, ef oouree only for our information and if it is necessary, wo nay not need to reveal this information, but it would be a good background for ear compensation attorneys in hard ling this claim. Our attorney Mr. 0. A. 3tnrk of Minneapolis, Minnesota states that it is his belief that th^re is very little free asbestos dust per cubic foot of air when this material is being used i n sons kind of a wet paste to be applied to pipes and other materials that are used in the cooling or heating or refrigerating systems. Enclosed for y<-ur convenience is a stamped self-addressed envelope. j Thank you very muoh. Truly yours, .'ALthb ene. JAMES A, LSACH QlaIn Representative i'v-2r>? Novedber 19* 19^2 Mr. Jtuaes A* Leaon Claim Representative ___ Standard Accident Insurance Company 816 Second Avenue, South Minneapolis 2, Minn Dear Mr LeaonJ I U a i ., . W. h ve couu o^lSentloncf claim* ` w r t * . tt vfclch * o . M s l = t y " " 4efe" Se 0f ^ Very truly yours, Wallace B. Hofferth Assistant General Manager Insurance Department L K K IR K President Standard Accident Insurance Company INCOflPORATCO l t < 4 U. M . P R O B S T CLAIM MANAGER CASUALTY FIRE MARINE FIDELITY SURETY C laim D e p a r t m e n t 816 SECO N D AVENUE. SO U TH MINNEAPOLIS2, MINN. PHONE FEDERAL 3-4421 F r e d l . G ra y Co .. No r t h w e s t e r n m a n a g e r s Armstrong Cork Company Home Office Operations Lancaster, Pennsylvania November 9. 1962 Re: 32-C 3*4-0383 - Armstrong Cork Company George A. Kingston - 19*46-19*4-7 and 19*4-9 Gentlemen: f Our Claims Office in Minneapolis investigation;Nalleged complaint of silicosis suffered by George A. Kingston, who was an employee for the Armstrong Cork Company Minneapolis, Minnesota in 19*4-6-19*4-7 an<i 19*49* If it is at all possible, our Attorney, who is handling this Workmen's Compensation claim in Minnesota, would like to have a copy of the payroll on this employee for all the time that he worked for them, plus the type of work that he did. I know the number of years since this employment, is many, but if you could find any shred of records or evidence on this matter, we would greatly appreciate it. Enclosed for your convenience is a self addressed envelope. Thank you very much. Very truly yours, I.Tv n '!'l ` C - - i >'-**JAMES A. LEAON, a Claim Representative JAL/cs end. Standard Accident Insurance Company, Detroit Pilot Insurance Company, Toronto (A rm stro n g V _ y CONTRACT,. T E L E P H O N E : WEST s-1871 fl< 530 C A M B R I D G E S T R E E T M IN N E A P O L IS 26, MINNESOTA October 29, 19^2 Legal Department Secretary's Office Armstrong Cork Company Lancaster, Pennsylvania Dear Mr. Rohlfs: Subject: George A. Kingston, Notice of Piling Claim Petition We are enclosing a notice of Q^fssioJTof Minnesota' and 112920, Record No. 5 3 & C from the ^ ^ V ^ ^ t t e r h e a d of Robins, the Employee's ^ i e m B n t a l 0 . 3 0 ^ ^ esota> yotL note that Mr. -n t r a c i e d a disease of Cork Company were 19U6, U7, and U9. A representative of the Standard Accident on you in the near future to go t ^ c l for s t S d a r d Accident has called Leaon, the Minneapolis c aim P Philadelphia representative trace this on us and told me that he " ^ ^ o u g h S ^ o n g Cork Company's main 5 S 7 S S . ^ t T f i S - r e nost M M , destroyed, sirce have a seven year policy on such tilings. Very truly yours, ARMSTRONG OONTRACTING^^AfPPLl CORPORATION PnS cc: Fred L. Gardner, Lancaster D. D. Thompson, Seattle Umbehocker, Branch Manager i 0 8 1 STATE OF MINNESOTA I N D U S T R I A L COMMI SSI ON OF MI NNESOTA D i v i s i o n o f Workmen's Compensation STATE OFFICE BlLOIfi. ST. PAUL 1 112920 File No._____ ______ -- 5355C Record No.----------- - NOTICE OF F I L I N S CLAIM PETITION George A. K ingston ----------- - ~ petitioner, X. Sorinkmann Sharpe Company ^ ailsau 2 * * < * ., Inc. 9 .3 -1 Unknown 3 . Unknown 4 . Stan d ard A ccid en t Ins Comnany b )b itu m in o u s uasuaJiBsirfetorporc.tion 9* Anchor asu a y , TO THE ABOVE NAMED EMPLOYER AND INSURER: YOO ARE~ HEREBY NOTIFIED th.t hereto . t t o N - - > ~ * `" " " "" P" " . _ October 1 6 tion filed with, the Industrial Comnission of Minnesota on-- _ - * " Pi f * P* " ` . 19 2, whicir petition .111 b. d b, . TMr.r.. .f ID. I-- t , l U C - 1 . . 1 . - P1" * " b' h'" *,ter flsed, ,,,,tic. of rtlch he.rlng .111 b. served upo,, F,,,,, P TM < " d T 1" > " d 10 ABE ETHER NOTIFIED th.t jou or. required to ..... upon * petitioner o. hi. t F ...I,,.d ,, . . . . to .Id petition end to f.l. th. o.ln.l th.o.of .1th p . ~ f of .noh ...vie. ..thin 10 days after the date of this notice. The nane and address of the petitioner's attorney is R ob in s, D avis & Lyons 1130 M innaso L aD uilJi ngr S t. Paul 1 , M innesota Dated: St. Paul, Minnesota, O ctober IS______ r 19^?. - INDUSTRIAL COMMISSION OF MINNESOTA, B y ----------------------------- Secretary. J S . D. McKinnon r* . STATS OF MINNESOTA ^ INDUSTRIAL COMMISSION OF MlNNc.bCMA D ivision of Workmen's Compensation STATE OFFICE BUILDING, SAINT PAUL 1 F ile N o. 112320 EMPLOYS 3 SUPPLEMENTAL CLAIM PETITION R ecord No_._5355C___ George A . Kingston, E m ploys, 1) Spriakmajm Sons C oast. Co. Ltd. and/or Spriokmana Sons Corp. S33 Metropolitan Building Minneapolis, Minnesota and/or 330 Minnesota Building P a u l 1, M in n esota. 2) F . S . Larason Company S2S Marquette Avenue Miaaeapolia, Minnesota 3} Biggs D istlar A C o ., la c . 216 North Calvert Street Baltim ore 2, d r y la n d 4) Armstrong Cork Company 4539 Hiawatha Avsaua Minneapolis, Minnesota 5) A sbestos Insulation A Supply Co. ' 310 vashin#ou Avaaae North Minneapolis, Miaassota S) A . H. Beasatt Company 325 Cieawood Avenue Minneapolis, Minnesota 7) Insulation S ervices, la c . and/or Insulation S e r v ic es of Miaaw In c. 310 Eadieott on Fourth a n d /o r SOD New Y ork Building Saint Paul, Minnesota 8) A s b e s t o s P r o d u c t s , l a c . * 710 Kaymood Avenue Saint P aul, Miaaos&ta 9) Smith-Sharpe Company 117 27th Avenue S .E . Minnssp o ils, Minnesota 1> Em ployei*3 Mutuals of Wausau 2) Unknown 3) Unknown 4J Standard A ccident Insurance C o. 5) Unknown 6) a ) C entral Surety l a s . Corp. Coverage - S /i/5 1 - S /i/5 5 b) Mftoa&cturers Casualty Coverage 2 /1 /5 5 -2 /1 /5 8 ., 7) a) Am erican Mutual Liability b) T ravelers Insurance Co. S) a) Anchor C asualty Company Coverage - 9/30/52 - 9/30/55 b) Bituminous Casualty Corporation Coverage - 9/30/55 - 10/2S/55 S) Anchor Casualty Company TO. THE INDUSTRIAL COMMISSION OF MINNESOTA Employe above named for his supplemental claim petition alleges the following facts: r d b in s , D a v is & Ly o n s a t t o r n e y a t law '^taoT* * I. Em ploye's address is 2617 West 70th Street. Minneapolis 23, Minnesota. n. Each and every em ployer named above em ployed the employe in em ploy ment which exposed him to the inhalation of asb estos dust and silica dust and the combined employm ents covered a period of more than ten y ea rs. Except for Riggs D istler & C o ., In c., each of the em ployers above named were localized in the State of Minnesota for the purpose of engaging in the com m ercial application and use of asb estos, asbestos products, fiberglass, rock wool, and various insulating m aterials for hot and cold surfaces in connection with the construction of com m ercial buildings, power hou ses, sh ips, w ater pipes and steam pipes. in. The dates of employment and the amount of earnings of the employe between j July 1, 1943, the date of the inception of M innesota's Occupational D isea se Law and October 2, 1959, inclusive, were as follows: Year Employer Wage Rate /H r. Wages Total for Year 1943 Sprinkmann Sons 1944 1945 Sprinkmann Sons Sprinkmann Sons F . S. Lamson Co. 1946 F . S. Lamson Co. Riggs D istler & Co. Sprinkmann Sons Armstrong Cork Co. 1947 Sprinkmann Sons Armstrong Cork Co. A sbestos Insulation & Supply A . H. Bennett Co. 1948 1949 Sprinkmann Sons Sprinkmann Sons Armstrong Cork Co. 1950 Sprinkmann Sons 1951 1952 Sprinkmann Sons Sprinkmann Sons A . H. Bennett Co. r o b in s , Da v is s, Ly o n s a t t o r n e y s a t law M IN N E SO T A B U ILD IN Q B T. P A U L 1. M IN N . $1.75 $1.75 $2.00 $1.75 $1.75 $1.75 $2.00 $1.75 $2.25 $2.00 $2.00 $2.00 $2.50 $2.60 $2.25 $2.70 $3.00 $3.25 $2.70 $4410.01 $6315.65 $4621.47 $ 360.65 $ 149.31 $2160.46 $ 643.20 $ 629.48 $2320.80 $2134.87 $ 56.00 $ 88.00 $6873.40 $4024.40 $ 126.00 $6461.53 $8145.61 $4681.50 $ 75.60 $4410.01 $6315.65 . $4982.12 $3582.45 $4599.67 $6873.40 . $4150.40 $6461.53 $8145.61 $4757.10 Year Employer Wage Wages Rate/H r. Total for Year 1953 A . H. Bennett Co. Insulation Services 1954 Insulation Services Asbestos Products Smith-Sharpe Co. 1955 Asbestos Products A . H. Bennett Co. W illiams Insulation (Phoenix, Arizona) $ 2 .7 0 $2.95 $3.25 $3.25 $3.00 $3.25 $3.00 $3.35 $1811.70 $4205.69 $2685.93 $4095.00 $ 134.40 $5129.91 $ 18750 $ 119.50 $6017.39 $6915.33 $5436.51 1956 Martin Pipe & B oiler (Waterloo, Iowa) W estern Machinery (Phoenix, Arizona) $3.50 $3.50 $1398.00 . $ 442.00 $1840.00 1957 1958 W estern Machinery (Phoenix, Arizona) Owens Coming (Arizona) W estern Machinery (Phoenix, Arizona) $3.65 $3.65 $3.65 $ 965.25 $ 260.25 $2646.00 $1225.50 $2646.00 1959 Smith-Sharpe Co. (Belle Plaine, Minnesota) $3.86 $1158.10 $1158.10 IV. On the 2nd day of Ootober, 1959, em ploye. while working at his occupation as an asbestos worker for the Smith-Sharpe Company in B elle Plaine, Minnesota, became disabled from the occupational d isea se a sb esto sis, and the said em ployer, Smith-Sharpe Company, was the last em ployer who employed the employe in the em ploym ent to the nature of which the occupational d isea se of a sb esto sis was due and contracted. Since October 2, 1959, the employe has been totally disabled from pursuing any occupation which brings him an income by reason of said asb estosis and is in fact permanently and totally disabled. V. The em ployer, Smith-Sharpe Company, had due notice and knowledge of em ploye's disablem ent within ninety (90) days and said em ployer, among others, w as duly served with a verified claim on or about September 19, 1961. R o b i n s , Da v is & Ly o n s a t t o r n e y s a t law M IN N ESO TA BUILOtNO B T . P A U L 1, M IN N . It u the em p loye's claim that his original disablem ent from the occupational d isease asb eatosis occurred on the 28th day of October. 1955, while in the employ of A sbestos Products, Inc. in Pine Bend, Minnesota, which disablement totally in capacitated employe for a period of several months. Employe submitted to a m edical examination at the r e v e s t of one o , the insurance carriers o , A sbestos Products. Inc. and was erroneously advised by the doctor for said insurance carrier that his symptoms w ere due to an " allergic asthma" unrelated to his occupation. Employe, acting on this information and additional m edical advice traveled to the State of Arizona to obtain relief, but neither m edical treatment nor a change of clim ate for his alleged asthma m aterially helped his sym ptom s, principally shortness of breath, and employe found h im self unable to pursue his occupation with any degree of regularity. VII. . W hereas em ploye's annual earnings in 1954. the last full year he was able to work at his trade, were in the sum of 6915.33, his earnings following disablement on October 28, 1955, were as follows: D e c e m b e r 1955 1956 1957 1958 1959 1960, 1961, 1962 . ' vin . $119.50 $1840.00 $1225.50 v $2646.00 $1158.10 None ,, . Follow ing contraction of a sb e sto sis on October 28. 1955. employe was forced to seek m edical care and attention; hospitalization and drugs, which to date total the sum of $2033.75. The employe w ill be required in the future to expend additional s u m s of m o n e y for drugs and medical care. WHEREFOHE, Pursuant to the O c c a s io n a l D isease provisions of the 1957 Minnesota W o r k m e n ' s Compensation Act, in particular but not limited to $ 1 7 6 .66( ). this employe petitions for an a w a r d for the total compensation and medical expenses r o b i n s . Da v i s & Ly o n s a t t o r n c y b at law m in n c b o t a b u il o in o BT. PAU L 1. MINN. - f J I * to date due frosa Smith-Sharps Company, ths em ployer who last employed the employe to the employment to the mature of which his occupational disease is doe. If ea the evidence such disability was contracted while employe was ia the employ ment of a prior em ployer or em ployers, this employe petitions the Industrial Commission to take sufficient evidence so as to table the em ployer who is made liable for the total claim to be granted an apportionment of such compensation among tbs several em ployers who, since the contracting of said d isease, employed this employe to the employment to the nature of which h is occupational disease is Subscribed and sworn to before me n this day of October, 1952. NARGARETj feEiiEE C - '.._(--= My Commission Expires O ct Z . IM & u C E E6S A KINGSTON George A . Kingston, Employe ^ KGBINS.DAYIS A LYONS rsV- ARNOLD M, S S I-L B Attorneys for em ploye 113Q tilinaesota Bolidiag Saint Paul 1, hUaneaota Telephone No. CA4*538i R o b i n s , Davis & Ly o n s a t t o r n e y s a t law M I N N E S O T A BUlLDtNB