Document mqG8dQMZQrE6G945R499pxkvg

Law Offices Of LAfJGHLIIsr FALBO LEVY <fc MORE SI A Partnership Including Professional Corporations REDDING Te l ep h o n e (916) 222-0268 Fa c s imil e (916) 222*5705 SACRAMENTO Te l e p h o n e (916) 441*6045 ICEHOUSE II 151 UNION STREET*SUITE 300 SAN FRANCISCO, CALIFORNIA 94111*1221 Te l e p h o n e (415) 781*6676 Fa c s imil e (410) 781*6823 r ec eiv ed SEP 121988 s-w LEGAL September 8, 1988 John F. King, Esq. Sherwin-Williams Company 101 Prospect Avenue, N.W. Cleveland, OH 44115-1075 Re d a c t e d MICHAEL W. LAUGHLlM*' C,;- GERALD A. FALBO* ROGER A. LEVY* ^ ^ ALFONSO J. MORJppIp ,, JOHN T. BENNETT^JR.'O JAMES R. WESOLOWSKI PATRICIA E. GOULD PHILLIP J. KLEIN BARRY M. LESCH BERTA J. GILMAN MARK H. BARBER FREDERICK L. WALTER. JR. LUCILLE M. GREENWAY CLARK W. PATTEN STEVEN D. TUAN HENRY M. SLOWIK DAVID W. BOSTON RONALD J. TONEGATO RAYMOND C. WIESER. JR. GARY J. LEE BENJAMIN CINTZ SANDRA L. DISARIO CHERISSE C. DYAS WILLIAM F. HOFFMANN** GERALD R. BURKE DIANE M. WILLIAMSON JUDITH A. LEICHTNAM DEMETRA G. JOHAL MILTON LATHAN WILLIAM W. LBNINQTON BRIGHAM P. JONES *A PROFESSIONAL CORPORATION ** AOMrTTEO VIRGINIA PRACTICE LIMITED TO FEOCRAL COURT OF COUNSEL WILLIAM W. WERTZ RITA F. GILMORE Re: #3, et al. WCAB Case No: Claim No: 918 jc'd) v. OAK 141300 C 31408/SMBS No: Kaiser Shipyard 144.054 Dear Mr. King: Enclosed herewith, please find the Minutes of Hearing from Workers' Compensation Appeals Board Judge Mason. These Minutes were issued following the conference of May 23, 1988; and, we were just recently served with them, and we do not know why there was such a delay. Please note that, in the Minutes, it was agreed that the three items discussed would be complied with by August 1, 1988. It is very difficult to comply with something when one is not served with the actual Minutes; and, accordingly, we would ask that you review the three items, and advise us if there can be compliance within a relatively-short period of time. As you know, from our last correspondence, there are ongoing demands for further discovery; but, we still believe these three items should be answered and all proper carriers joined before further discovery is conducted. If you have any problem complying with these orders, please advise us. N40147 0007-SWP-005803608 CONFIDENTIAL John F. Kinq, Esq. Re: September 8, 1988 Page Two iec'd) REDACTED Thank you for your attention to this matter. Very truly yours. LAUGHLIN, By: AJM/jm Enclosure r-^Ocr*t 0007-SWP-005803609 CONFIDENTIAL STATE OP CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OP INDUSTRIAL ACCIDENTS WORKERS' COMPENSATION APPEALS BOARD Uh,,-- "' i " CASE NO. OAK 141300' 3 mo REDACTED VS. KAISER SHIPYARD #3, et al.. Applicant MINUTES OF HEARING ( CONFERENCE ) AND ORDER OF JOINDER Place and Time: Judge: Reporter: Defendants Oakland - May 23, 1988, 2:30 p.m. MASON Binion RECEIVED J/ o'/ 1QRP ` 1J J o ^ i Oi.li-./no* CO Ateidsr.iCJ W.C.A.B- OAKLAND Appearances: No appearance by or on behalf of applicant by agreement. Bill Parrish, Esq., appearing for Insurance Company of North America, for certain specified coverages of Sherwin Williams Company and specified coverages from August 31, 1982 through July 1, 1984, but only at one location. Alfonso J. Moresi, Esq., Law Offices of Laughlin, Falbo, et al. for Sherwin Williams Company of California, in connection with the request to produce documents. Antonio A. Celaya, Esq., Lav.' Offices of Schmit, Morris, et al. for Hartford Accident s Indemnity and Kaiser Company, Inc. - ORDER OF JOINDER IT IS HEREBY'ORDERED that Liberty Mutual, Aetna Casualty & Surety and IMA be joined as parties-defendant for coverage of Sherwin Williams Paint Company. The matter was set today for a hearing concerning Hartford's Subpoena Duces Tecum and after discussion the undersigned has decided to restrict the Subpoena and order the employer defendant to provide uhe following information: 1. Records relating to products that may have contained asbestos or used asbestos in the manufacturing process at Sherwin Williams' Fmerville, California plant. 2. Evidence of any pulmonary injury, specifically those related to asbestos and June cancer for nnv employee of Sherv'-: n Williams Company of Emeryville facility for the period 1952 to 19G4. ' -- -.....- 0007-SWP-0058036IO CONFIDENTIAL N40147.01 REDACTED 2- - 5/ff/C8#'6 3. Evidence of safety equipment used at Sherwin WilliamZstPC2o3mp19a8n8y, Emerville facility, specifically safety equipment used to protect the workers 1 lungs, and general air quality of the working area. There is a third area of information requested, which relates to the specifications of the physical plant itself, and that information shall be deferred at this time, until defendant Hartford has narrowed the specific areas where the deceased worked, thus reducing the burden upon Sherwin Williams to produce records relating to said specifications. DISPOSITION: Continue this matter for a settlement conference on the first available date after August 1, 1988, with the defendants being placed on notice that all discovery should be completed by that date. SERVED BY KAIL ON PERSONS SHOVfK OH THE OFFICIAL ADDRESS RECORD. Date: ------------------------- Ey: ........... ... -- GEORGE W. NASON, JR. WORKERS' COMPENSATION JUDGE 0007-SWP-0058036U CONFIDENTIAL