Document mqM8QdzjDNXnKDbaGzv3w9NnQ

FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1953 DOC#: IWC042 DOCUMENT DESCRIPTION: Claimant - Kish, Henry M. & Alta A. ROBERT H. CORNELL J . KENN ETH LYNCH ANDREW G. LANGE ROGER C. PETERS FR E D E R IC K A . PATTERSON J A M E S F. H A L L E Y S U S A N IN J IJ IAN LAW O F F IC E S OF H a l l e y , C o b n e l l 8c Ly n c h A P R O FE S S IO N A L CO R PO R A TIO N 5 2 5 MARKET STREET, SUITE 3 7 0 0 SAN FRANCISCO, CALIFORNIA 9 4 1 0 5 - 2 7 4 5 (415) 4 9 5 - 8 8 0 0 Barry Castleman 1722 Linden Avenue Baltimore, Maryland 21217 M a y 23, 1988 Re: H a r r y Marke! Kicih Dear Mr. Castleman: JAM ES W. HALLEY (1 9 2 1 -1 9 7 6 ) FAX (415) 4 9 5 -4 8 3 7 s e v e r a l ^ r ^ f g o ! 16 S i S T t L S * *2 Ke" ce Medical an l e i e i ? I h ^ ye<i y ? u r boolc tor purpo s e s of compiling a list o f , ! ? d occasion to refer to it ftled against F i b r e b o a r d V p o r a M o n p S L l o . ' Clai"S c o n c e r n i n g t h e ^ r o n o f u l ^ p a T h 0 3 ^ u h i s o f f i-ce/s a n c i e n t file March 19^1952 S ? e f w ^ r k S ^ m the San Francisco Bay Area ^ ' Wh died decad? as an insulator pertinent documents pertainina to Y? Wl11 flnd several p r e s s e d b y m y father on b ehalf of Mr Kith** ^ ? ^ e nsati?n claim P a r a f f i n e C o m p a n i e s and o t h e r loo*i <=? I? Y l d o w ' a g a i n s t the contracting companies L i ? ? a\ _ ? !sbestos i n s u l a t i o n 1953, and In o r L ? a n u r o v ? TM *P TM t l Q ? Wa s f lled in January, M a y 16, 1955 P u rsu a n t -i-r> ?y,a comP roinise and r e l e a s e wa s filed on C o m p a n i e s W ^ s t e r i A S L i L i L 001"551'0111136' the ^ a f f i n e n D u t t o n A s b e s t o s & S u p p l y Co a n d ^ h a r l 'aT h rpe & S o n ' I n c *' c o n t r i b u t e d to a $2 750 00 A Yres Company all * ^ , / o u . o o payment to the widow of Mr Kish I thought you might enj oy these d o c u m e n t s . Very truly yours, HALLEY, CORNELL & LYNCH k w h 14 Jarfiis F. H a l l e y Brobeck, P hleger a Harrison A T T O R N E Y S AT LAW ONC ELEVEN SUTTER STREET SAN FRANCISCO A May 31, 1955 cable aodrcss BROBECK T E L E P H O N E S U T T E R 1-0 0 6 James W. Halley, Esq., 33 Post Street, San Francisco, California Re: Alta Ann Kish v. Western AADsbl / OeDstv oU sO UCUoimll^p/CaUnlyjf vetW AalX . IAC Claim No. 53-SF-145-939 Dear Mr. Halley: In the above entitled matter we enclose herewith for transmission to Mrs. Alta Ann Kish check No. 1-259^9 of Pabco Products Inc. dated May 27, 1955 and drawn on Crocker First National Bank of San Francisco in the amount of $350.00 representing payment of the sum required of The Paraffine Companies Inc., Pabco Products Inc. and Plant Rubber and Asbestos Works, designated as Plant Rubber and Asbestos Company in the order approving compromise and release dated May 16, 1955* Very truly yours, BROBECK, PHLEGER & HARRISO: RS:afh Enel. cc: Mr. A. S. Halley Mrs. Mary W. Fortini c O P Y ft Brobeck. phleger a Harrison ATTORNEYS AT LAW O N I KLIVIN BUTTER STREET SAN FRANCISCO 4 Msj 10# 1955 H d o n b . tpofford, Bsq. Bfarsa. Industrial Assidsnt Conni sslon 965 Mission Strast, San Francisco, Oallfomia Usi Alta Asbss Clain Kish vXUsstsrn Oonpa&y st al. ^5-939 Osar Nr. ftpofford i Xn tbs abova sntltlsd nattsr wa bars rsosivsd a opy of tbs Ordsr Approving Oonpronisa and Ntlsass datsd May 16, 1955 fou will rsoall that in this nattsr ns rsprsssntsd fhs Paraffins Oonpanlas, Inc., rabss Frsdusts Xns. and Flant Jbibbsr and Asbsstss Morks. Ms aots that ths Ordsr Approving Osnproniss and Molsass providss that ths sun of #350.00 is papabls bj is faraffias Oanpanlas, Xns. fabso frsdusts Xne. and riant fedbtr and Asbostos Ooansu althssgh ths ralsass nas ozosutsd bp riant Bsbbsr and Asbostos Marks and ths lattsr is ths osrrsst sorpsrats nans. Ms would apprsslats It if you would bs so good as to taka sash pnsosodlags as nay bs nsssasary ts propsrly HAoa B. CpoffarA* Bk * 8. p r o t t Ih i n U r t i t t a f F U t M --r MA Aa--a t-- H f7 tm l| iw w , bbobbck, nD Jon &babbisov RSt&fb Bp U m IAo Solaronli Jr. et B M n . I-- * * B-- -- * * m * 9 t 100 Bush ItMt, SO i M M l M t *1 ClfiWU. Ii m V. BUlay, Attor-- y t Uw# 33 iMt ItfHt, Ica h tM lu o i I U U O a p M A i m wriBM |$ 0 B A U iilir Bail-- 315 * BUlppl iat U i Itmli b l t b i Cr--At * laAgirtit Attor--ya a t U># M ila lavar# 880 M t J w N * f : ' * **SP A. HERDI*, M.D. m m Sutter 8trt Bun Pranolsco 8 JUly 22, 1052 Mr. Ju m i V, Halley S5 Post St. San Franoisoo, Calif. Daar Mr. Halley, RE: HARRY KISH 1 Isited Harry Klah January 4, 1947 when he fro an acute reaplratory infeotion. At that time he waa 63 years old and gave the following history. b?#n " worker for the^past 49 years thL ; ,S S *Xpofur* i \ hlfh eon.entr.tiin. o f . i l ? " 2JBt* Por *** previous 6 to 8 Months he had suffered with shortness of breath, Much worse with exertion. For sevith &.&srsa ]**** b#*n unftbl* eleep In a reolining Z X $ ? S ? * ! 3 r SSh" "*10* " " sjsS^- a* f`" t. fPSICAL KXAMIHATIOIt Temp. 98.6, Pulse 96 bp v^n/on nale^^Moderately ' M t . ^ S d 80 s2L ij*th were carious, in poor repair. p - ^ n 2 ^ ^ 2 * S tS S L r,t,rlor poor A o n . l S "5t W t o nbSi;,.DlffU" *Ub^ !r*pUant end .i S i S r T i S 1" ""f" 1 U "U * fr >1. Sound, n n good With a harsh, prolonged systolic apical murmur. X - yr = f rtSi1oS:it0i.tr * l ^ n*tl0n " " W i l y n o n ^ * 5 a i l * "s r i i s ^ r - S r . ^ . ^ r * u fhe hilar shadows en the right are enlarged. A*few Sddll1* " i J prssent In the parenobyma of the "tSTSTL?? f * i* i ^ "f. *>rf f '/ Bag * Harry Kith The diagnosia of congestive heart failure secoz*anr to pulmonary fibrosis (asbestosls) vas made. The patient was placed on a salt poor diet and digitalised. P * hen seen again one week later the patient had in rV Qn* H ^ W4fi o U + sputum, less dyspnea. His pulse r , was uot seen again until January 1? 1948 whan >i* had fractures of the right eth and t h t i b e In the i l l i r r line. He vas treated conservatively at home and returned 1 to work in about six weeks. a 1 did not see him professionally after that although I did see him in September 1951 when I vas treating Mrs. Klsxi On 1&6S6 occasions he seamed* from appearaice onlv to be at about status quo. *9 I understand that Mr. Kish died suddenly early this year while engaged in his usual occupation. I feel that Mr. Kish had a compensible 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, cor pulmonale and congestive heart failure. Mr. Kish had progressed through all these phases. Any environmental situation which brings about a need for increased cardiac output would naturally strain the heart. Where there is already a degree of heart failure a state of myocardial insufficiency supervenes as a result a myocardial infarction may occur. On the day of M s demise, if Mr. Kish had worked hard in a hold or other area of low oxygen tension, the situation would have been ripe for a myocardeal infarction and his death. Sincerely, RAM/ep // H. A. Handle, M.D. t Atte . WLUX, t e * 400 Creeker 814. Boti l i m t <B F n M l t M 4 California Talephonet 19 S-4SS8 STATI OF CALI FOBICA DXPABTMEliT OF IMCU8TKIAL SELATIOS8 XHDU3THIAL ACCIDSXT C0XKX8SX0S ALTA AMA KXSS, Appli ant, ~PtUt' Pae 916 Capp Street U n Franeleeo, California TP* USTBR* ASBK8T08 CO CHARLES AIRES 00. CORK XMCLATIOX 00. II9 CORI OCR?. FLAVI ASEUTOS 00. L f. K9BFX A BOSS I9C. BOTTO* ASHESTOI A B9FFLT CO. abmsiroio o co FAI AMBILEHARRIS FJfltAFFXMK C0HPAHS5 IC ^ FABCO FRODOCTS ZBC FLAHT ROSBIF A ASBKST08 CO. 75 Toeneond Street San Franeleeo l, Callfemla 998 Hlnneaeta Street t e Fraaeieeo, California 448 Hrpant Street t e Franeleeo, California 440 Srannan Street t e FrenaIseo, Califesnia 809 Borton Street A aiftlllti Callfemla ISSI Oeeen Averne Keorjrville, Callfemla SS Satona Street t e Franaieoe Callfemla 1845 Market Street t e Franeleeo Callfemla S9S temei Averne t e Frmeleeo, California e-oowpjwiai atipefit San Franeleeo Callfemla 476 Srannan Street ' t e Franeleeo Callfemla tlwVin-- il t J I ' H 1 johm martille co. 2 3 EMfLOTTO 4 U t f t jM ljlM iy SU M I I M f M M l l M i Ctlldni XIIPLOmi* U M l M I 5 Inaurane* arriara fe r ater* e n la ja r* ere xnkm&m 6 v lth ainsi* eaaaption of CHARLES ATTO CO* who a t tat* of taath 7 war* a c m e * My Firaaan's Pun* trne lanata* at 401 C alifornia 8 Street* tan Franei a#o, California 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 'A N FR A N C ISC O O F F IC I meWNHAL MMLAT10NE MIILDIN , nw* niHioNamcrr an pmamcibco a I A : tTATl-o r CALIFORNIA DEPARTMENT Of INDUSTRIAL ERLAtTOHl i vii i IN D U ST R IA L A C C ID EN T COM M ISSION 5 3 $ F I M AMIbiOFFICI (MtMRNILMM mm - ii [ FOR ADJUSTMENT OF CLA" W f lB F 1 195, ALTA AffN KISH 607 Willi Rina Road Salinas California micAVT-- EPPUCEWTEEBMUE Deceased's 558-01-0496 Tft. socialxcuiuj ii see Title Sheet Attached, See Title Sheet Attached IIPLOYiri ADDSEM see Title fiheet Attached em plo tei-e ieeueamci ca i i i See Title Sheet Attached I M V U H V I VAMMI i. Harry Markel K i sh. May 13* 1883 _ .b ile p l o H ? b e i S o a _ * o r i e r on a m COlMlM PEV TIlM Oi EI* TTTIIM MEIOM PIM EiI[EIIlTf AM OP EMPLOYEE B*T* 0 r March 19_________i>52 .,f San Fran,claco CITT. TOVN OM PUCE WMEEE IMJOET OCCU1MEM DATE OP ISJUET California, by Charlea Ayers Co ( ,,tamed injury aruing out of and in the courae of the employment, a* follow: n.im.nt, " w H a " a s b e s t o s worker for many years, - " ' EEPUIH MOW IHJUET WEE MECEIYED tlnuously exposed to asbestos and waa o c o u p at tonally con _iesulting in ..I.t.nele. pulmonary fibrosis with secondary heart dleeaee end flnelly. STATE MAY WETS 0 ROOT VEIE HU USED AID K V M I t f W T UDULTD Jleath----------- ------- -------------------- -- ------- - " 2 Fireman's Fund Group MEME OP IMSBMEMCE COMPEMT . wee the employer* insurance carrier on date of injury. y pled March 19_______ _ i?2_ ------- 19. .. Death c l a l m - _ w l f e survives and claims fall AV. bin as rights and benefits under Act. WHEREFORE, ,, * A - * - f t ' * granting such relief os the petty or potties moy be entitled to. Dated t1g f l n F r a n c l B C O _ _ J a n , ------ . W-- if. * ,U> * ' ' * "* EMMETWIE OPEPPUCEMTM EPPUCEMTE iIINtUA MMn 1 U S 2RTOX8XAL ACCXPBTY COMMXBSIGi CP TIE STAS CP CALIPGRII4 2 CIAMIO* ll5-W 3 4 AIACA JBTR U SB , 5 Applicant 6 n. 7 m n r o asbestos go. , Charles ayres co. , com jrsulatich c o ., mwdbt core corp. , 8 JUKI ASBESTOS CO., J.T. THORS A SOH, INC., DUTTQS ASBESTOS A SUPPLY CO., ARMSTRONG 9 C O M CO,, TAR ARSDALE-HARRIS, PARAFFZVE COMPARIM, 2BC,, PABCO PRODUCTS, INC., 10 [F U S T RUBBER A ASBESTOS CO., J0W8 KAHVILLE *C0., PIREHER'S POID 1RDBMS ITT CO., STAffi 11 COMPBrSATTCS IHSURAHCE FWD, WITH) STATES CASUALTY CO., A2THA CASUALTY A SURETY CO.. 12 2RDWTRIAL INDENSITY CO., m d TRAVELERS WBURAICE CO., 13 Dofandanta 14 15 M S T O TO APPLICATION 16 Q&S& ROW dafindant PACIFIC EMPLOYERS 2N8URAHCE COMPARY, 17 with ita anawar to appliaation on fila harain, it donioa all tha 18 all|iliini of laid appliaation, although it adadta th a t at oor- 19 tlnaa, said tianaot jot known, that it waa tha aoqponaatian 20 inanranoa aarriar for J. T. Thorp# a Son, Inc. 21 Xt aaroa to atriko tha said application fro* tha flloa of 22 I your Coaaiiaion, inaawooh aa aaid appliaation and tha awplawant 23 attached tharato do not oonfoni to tho roquiroaonta of jour g m k 24 iasio* or tfco opooifioations of Soation 5500,5 of tho Ldber Coda. 25 Xt la alao allagod that no notio# waa giran of tho diaabil- 26 itj within tho ti*o aa roqulrod hj law, and thoroforo jour m a w - 27 ing dofandant haa haan projuAioad, 28 Xt ia fnrthar allagod, Affir*atiTtlj, that tho olain ia 29 haired tj tha Btatnto af Liaitationa aa proridod tj Saotipa 5400 30 3 to this of tho Nar '*f ih<- Stato of G*4iforai& a | 31 larlj Bootiona 51*04 5405, 5406, 5410, 5411 and 51*12 thoroof. 32 -4- MULLKN F IL IP P I ATT. a Neva I. M l N T a o u i a r IT. . U I T C 1, H m i N I N I xaaaoa l- T i t i a n raANai.eo 4 ! WORKPQRX, it Is raapoatfully prayad tfcat qpyllamt Inarata 1 2 taka nothing fpo jovct anavarlng afandant# 3 Raapaotfullj animittad, KDLiar k FILIPPI, Attomaya far 4 Paoif io feplapara Inaurano* Ca* 6 6 By,, v : ' T r m n B 7 8 c.a, 9 Alta Ann Kiah, 407 Williams Read, Salina*, California T.fhorpa A Bon,Inc., 1351 Oeaan Ara., Baeryrilla, Canforati Pacific Qiployara Inaurano Co., 3770 riodaont Ara.,Oakland 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 MB 1 4 1 a r a i t u u m n x u i aoozsst ccmobszok op v n iu t e cf calino m 2 LAMIO. 145-939 3 4 ALTA ITI * .I 6 Applicant 6 VI* 7 WCEOSRTKERINNSAUSLBATEISOTNOSCOCMOPMAPNAYN,Y,MCTHFADRELTESCOARYKRCEOSRPCOOMRPAATNIYO,N, 8 DPULTATNOTNASABSEBESSTTOOSS00A.,SUJP.PLTY.CTOH.,ORPAERMASTSROONN,G CINOCR,K,CO., ) 9 VPAANBCAOR8PBRAOLDEU-CHTASR,RIB8I,C.,PAPRLAAFNFTINREUBCBOEMRPANAIEASS,BESITNOC.S,CO., ) 10 SJTOAHTNSE MC0AMNPY8INU8EATZCCON.,IPNISXUERKAENKCE*SFPONHDD, IUNNDIETMENDITSYTATCEO.S, 11 CTARSIUAALLTJYHDCMO.i,rrAETCON.A,CAaSnUdATLRTAYVEALESRUSRETINYSCUOR.A,NCEINCDOU.S, 12 Defendants 13 14 AKSVER TO APPLICATION 15 COMBS NOW defendant UNITED STATES CASUALTY COMPANY, with 16 ita answer to application en file herein It denies all the 17 allegations ef paid application, although it admitb that ds ear- 18 tain tines, said tines not pit known, that it was the componea- 19 tlon insurance farrier for the Cork Insulation Company. 20 Zt s i t i i tie strike the said application from the files of 21 your CoMsisslon, Inasmuch as said Application and the supplement i 22 attaehed thereto do not confer* to the requirements ef pour 23 Hoit salsu er tips speeifieatiens e f Seotion 5$G0.$ ef the Labor 24 25 It Is als# alleged that bo notice was given of the disabil 26 ity within the tine as repaired by law, id therefore your 27 answering defendant has keen predjudleed, 28 Zt is farther sllsgsd, affirmatively, that the claim is 29 barred by tha Statute ef Limitations as provided by Seotions 30 $tyOQ ta A12 of ths Labor Code of the Stato of California id 31 particularly Sections&(4, i0, $ k0 6 , $1*10, $411 and $412 thereof 32 -1- ii t. NI II 4 / 1 v m r a i , it is raapaatfally pray* hat applicant barale 2 taka thing fra your anawaring defendant. S Respectfully subadtted, 4 KQUJBr A FILIPPI, Attorneys for R&iked Statai Casualty Company 5 6 By 7 -------------C T r r m m ------------------------ 8 c.c. Alta Ann Kish, 607 Willians Road, Sallnaa, California ***y* Hallay, IfOO Crockar Bldg, San Franclaoo, Calif 9 Ifcitad Statas Casualty Co,, 320 California St,, San Frano 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. MS 1 4 r ~ if r 1 BEFORE JKDUBTRIAL ACOIB0T M t O B S U i RT V M A S V RLXPOM 2 MAIK BO l!*5-W 3 4 ALU AKK EHE, 5 Alieat 6 7 WESTERN ASBESTOS 00.. ORARLES AXRBI CO,, CORK 3KSLATI CO, K V BIT OCRE CORP, 8 PLANT ASBESTOS 60, JT.T. THdtPS A . C ,, LTT ASBESTOS A SUPPL CO,, ARKSTROBO CORE 9 CO,,VAN ARSDALE-RARRXE, PA1UFPXKE COMPANIES, INC., PABCO PRODUCTS XRC,, PLAST ROBBER A 10 ASBEST CO,, JQ*S KANTILLS OQ,, FIREHBK 'S FIND 2NDEMKXTT CO,, STATE COKPWSATI SISU 11 SANCE FURL, TEXTED STATES CASHALT! 00,, AETNA CASUALTY A SURETY CO., INDUSTRIAL ZNDEH3XS7 12 CO,, od TRAVELERS IISHUN CE CO, 13 --------------------- _________________________________ 14 15 g m w w i i p 16 In fu r th e r ne o f i t i u n ir %b a p p lie e tU a e* m * 17 b m l n , WITH) STATES CASUALTY t x t t s H u t i t V tf M 18 Aon in a u r in e e * r ia r f a r Cork I m a m a I f iiW f 19 1, 1052 to imamn 1# W 5>. 20 **#tfulljr tadtttti. 21 K B U M A FILIPPI, A t t W N M H r 22 Ufclto* ItakM m i " 23 24 TT" 25 . Alte Aim EUR, Wjttllimm KejA, Selina*, C e l i f m U 26 feltedV.Sjtm*i#r,al4i<t>a0iC^rCeoo*karMSOUC*e,i.llSeanmTimioSlto,a,oS,eiCPelrleim.iate 27 28 29 30 31 32 pi T. NC H 4 EFORI 1 2 nanratxA L acrzm v romgbnubr azrv 4 M 9 I STAR |T tLZFOWZA 3 alta mm ** i # 4 APPeWt 5 vil 6 ESTER* SBESTOS C6KPAR CTAR U A B S CflMPJRX 7 CORK SUIdlIC* COMPAR MOIS R CORK OCRPCRATIC* PLAKT A1BBST0S 0 0 . J . . MORFE * SCR UC. 8 DUTT ABBESTOS & BUFPLX 00. ARKBTRWC GORE CO. VAN ARSDALE-HARRIS PARAFF2STE COMPARUS. XBC. 9 PABCO PRODUCTS C. PLAIT RUBBER 4 ABBESTOS 00. J0HK8 MANTILLE CO. PXJUBOEK >8 F W D XKRSMXZX 00. 10 STATE GQHFHiSAIICK M U R A C B F l U STATES CASUALTY CO. ASINA CASUALTT * SURST 00. H DUS 11 TRIAL 2KDEMII R 60. end TRAVBLKRS 3RSHUCS 00. 12 Btfnittti 13 ffiw m h e m w m m 14 COMES RAT A lflB lM t WITSD STARR CASUAIXT COMPIR v i t e 15 ite n m r te epplleetlee m f ile I m U i I t dentei e li R ii 16 U eg atlen e e f i i i i y U n l i A t i U M i i* id a lti tk a t I 17 ta le U n a , iU U m i m I f o t haen* A l t l i m i t t i w - 18 19 I t w fM te etrlfce th h U w p lle a tle a i l e i m e file i f 20 Tour CeM lsslen inasmNh R la U spfU U etlee ed he it w l m A t 21 22 C e ti M ine r i t i ip e e ifle c tU t l i i t t $00.5 * f m U h cr 23 24 Zt le aio# alleged R d M etlee m i rItcr f i liitbil* 25 itj m t M a th tia ee w y l t d Vy Ir 4 theretw y w r 26 27 e a m r la t M a t e l t u % F s H ^ U m A. 28 Xt Ab fterihur alleged sfftwtSRlr, thet Iti A l U IR W w R %r r Statele tf UadfcctJjM R RtriIli hjr leetleei 29 30 5M ** A l t ef th kjmxs? mk, * Rmr Stfci# Ri1iaiifMla ed 31 pirtlealarly S e e t l e w A A # A * * # A I O A H 0 A H thereef, 32 pi T. NB n 4 -' n i", ''u p j j i f 1 ^ 1 v .1 w w y g i i 1$ IM m y a r t f t t n y i w | H t a i m u i m m m b 1 *V * 2 tito ttttktftc I M i w r iMriwi M a n i . 3 I M lftOly l a m 4 n o a F x u r n , Atton*? f U M ItitM tauolty M n j 5 6 *r. m r iK u a 7 8 e.i A; ltm AVim, RKailllbiir404720Witloloia--k ar! #Bi*fe, S, alSiannlF ,raCnaoliiofooor, nCiaalif. 9 Ohitod Statai eaaualty 8M >20 California 8t t a Frano 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 50 31 32 **i BT. MC il ALTA ANN KISH, vs. ELDON B. SPOFEORD, Referee San Francisco, 3/26/53 WESTERN ASBESTOS COMPANY, CHARLES AYRES 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 and death 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 Products, 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 by the same carrier for Thorpe & Son, Inc., for the period August 2, 194#, through December 8, 1951. The earniners statement from that company was received as Pacific Employers Insurance Company's Exhibit A. Mr. Mullen also stated that according to his information Van Arsdale-Harris Lumber Company was insured by Pacific Employers from August 25, 1931, to August 25, 193#, and thereafter by *ur_d' that Pacific Employers alro i-- .-- 1 r_:-- _ Company for the period May 1#, 193#, to January 1, 1952. There was no appearance on behalf of Johns Manville 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. 3. GENERAL BREWSTER, at Pier 36, KISH 2 Claim Ho. 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 Edgar Newell, called by defendant Cork Insulation Company, testified that he had 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. E&ward 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 So n at H o s 3 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 has worked with cork insulation and they use Wx XO graix!Itei.-iid fo/ji and when :.t is dumped the uuao oomeo off it. He does not know the size of the particles. DISPOSITION: Continued for f u r t h e r hearing upon notice. EBS:jrp ELDON B. SP0FF0RD, Referee ALTA ANN KISH vs. WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, CORK INSOLATION COMPANY, MDNDET 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 MANVTLLE 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, GILDINGS 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 145-939 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 1938 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. He 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 proceed ings, and that she married the decedent July 31, 1913, at San Rafael, California, and produced a marriage certificate showing a marriage performed b y Judge W. 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 at the time of bis death. L uau worked in asbestos work s i n i xyysu > ae aiou uu warctj 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 Wood lawn Cemetery an additional $387.25 for a burial plot. ALTA A M KISH Claim No. 53 SF 145-939 February 18, 1955 Page 2 Her husband's earnings had averaged better than $4,000.00 a year for the past ten years. As a young man her husband had been healthy and engaged in athletics, including boxing. The first changes she noticed in his physical condition were around 1936, 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 dovn, 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 would 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 had been paid, and no medical treatment had been furnished or promised to her husband. She said that as early as 1956 he thought that his condition was caused by his work, and that he was told so b y 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 he had not worked much on ships during the last five y e ars. 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 his chest. However, he 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 .pri was treated b y Dr. Mendle. That doctor has been his only physician. . Dr. Robert A. Mendle testified that he graduated from U. 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. 53 SF 145-939 February 18, 1953 Page 5 diagnosis of basilar pleurisy and pulmonary fibrosis. In March 1947, the symptoms had increased, and the patient bad a congestive heart failure. Digitalis vas prescribed. Blood pressure vas normal at that time. He assumed from the history that the pulmonary fibrosis vas a form of pneumoconiosis known as asbestosis. It is true that such a disease progresses vithout further exposure. It vas in a moderate, or second degree stage. He advised him at that time, namely, in 1947, that his condition vas due to his work. The patient sustained some broken ribs in January 1948, and he vas off vork 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 h i m only socially. He can only conjecture as to the effect his vork had on the progression of the disease. His assumption of the existence of the disease is from the history only, and since no biopsy vas made he is not sure of the diagnosis of asbestosis. 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, i n March 1947, he re ceived a history of morning sickness and night cough and cramps, also of dyspnea for six or eight months. His vork 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- . elusion. He believes that the asbestosis gave rise to hyper trophy on the right side of the heart. He received a history that on the date of the death decedent vas working on a ship in the hold and it vas 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. Edvard A. D w y e r , recalled by applicant, testified that he vas business agent for the decedent's union from 1942 to 1952. The decedent worked in asbestos and cork installation, and witness bad worked on various jobs K im vUO u b v W U O ilO . JCtXS first job vas in 1 9 1 7 at which time he worked on tankers with him, and there vas plenty of asbestos dust. He later worked with him i n Sun Valley on construction of the hotel there. This vork vas in the open, but there vas a certain amount of ALTA A M KISH Claim No. 53 SF 145-939 February 18, 1955 Page 4 dust from handling the asbestos. He also worked on a Standard Oil job with him at Richmond in a refinery and certain other jobs of short duration. The last job he worked on with d e cedent was in 1942. He is familiar with the shop in which decedent nortel 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. A p p l i c a n t 's attorney requested a further hearing. DISPOSITION: Continued for further hearing on notice. EBS:MAM ELDON B. SPOFFORD REFEREE ALTA ANN KISH vs WESTERN ASBESTOS COMPANY et al. ELDON B. SPOFFORD, Referee April 6, 1955 - S. F. Claim No. 53 SF 145-939 Injury: March 19, 1952 REPORT OF REFEREE ON CONTINUED HEARD; G 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 BEFORE THE INDUSTRIAL ACCIDENT COIMISSION OF THE STATE OF CALIFORNIA CLAIM NO. 55 SF 1^5-959 ALTA ANN KISH, Applicant, vs. WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, CORK INSULATION COMPANY, MUNDET CORK CORPORATION, PLANT ASBESTOSCOMPANY, J. T. THORPE AND SON, INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ARSTRONG 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-FREIAR 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 SHIPBUILDING CORPORATION, GENERAL INSULATION AND SUPPLY COMPANY, and PACIFIC EMPLOYERS INSURANCE COMPANY, Defendants. ORDER APPROVING COMPROMISE AND RELEASE fcdiibu treni San Fmciset Offici MAY 1 3 bob In iw atrlalA ocK an tC am m laalaa Stet af California The parties to the above entitled action filed their compromise aid release, with request for its approval, on M a y 5, 1955, settling for the total amount of $2,750.00, payable by the different defendants as indicated. This Commission having now considered said compromise and release, as veil as the entire record herein, finds that it should be approved. James W. Halley, attorney for applicant, is entitled to a lien for the reasonable value of his services in the sum of $400.00, payable out of the contribution by Fireman's Fund Indemnity Company. GOOD CAUSE APPEARING THEREFOR: IT IS ORDERED that said compromise and release be and it is hereby approved, payable in lump sums by the iolloving companies in the amounts set forth. The Paraffine Companies, Inc, Pabco Products `I n c ., Plant Rubber and Asbestos Company . . 350.00 Western Asbestos Company, Van Arsdale-Harris, Ideal Ventilating & Sheet Metal Works, and State Compensation Insurance Fund ........... Langendorf United Bakeries, Incorporated . . Pacific Employers Insurance Company ......... 100.00 10.00 65-00 J. L. Thorpe & Son, Incorporated, and United States Casualty Company ............. Aetna Casualty & Surety Company ............. 25.00 25.00 Dutton Asbestos & Supply Company, Kaiser Aluminum and Chemical Corporation, and Industrial Indemnity Company ......... 100.00 Charles Ayres Company and Fireman's Fund__ Indemnity Company, less an attorney's fee of $400.00 payable to James W. Halley, f attorney for a p p l i c a n t .................. / i 1 . 2,075.00 . -Tor INDUSTRIAL ACCIDENT COMMISSION OP TUP. S--T-A-TE3 OF-GALIFO1IPWT A t \ PBS: MAM i ________ Job ComlssTners 2 ALTA ANN 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, 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, GEDDINGS 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, 1935 Claim No. 53 SF 145-939 Injury March 19, 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 March 19, 1952". A compromise and release agreement has been filed, wherein several of the defendants agree to pay a total of $ 2 ,7 5 0 . 0 0 in settlement, nothing heretofore paid. hearings have been held in this case " tu'" *:**ic: signed referee, and many 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 19^7 In view of all 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 d e f e n dants involved. It appears to the undersigned referee, and also to applicant's counsel> that the continuance of the litigation herein wouls 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 deferaiants 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. EBSrMAM ELDON B. SPOFFORD REFEREE - * B F t ^ THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OP CALIFORNIA CLAIM NO. 53 SF llj.5-939 Applicant t / ) ) ) ) vs ) ORDERCORRECTING I N T E R N ASBESTOS COMPANY, CHARLES AYRES COMPANY, ) ORDER APPROVING eSm ^m w w m com f ". f ! -*D PLANT ASBESTOS COMPANY, J. T. THORPE AND SON, ) R~.Lj-.ASE INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ) ARMSTRONG CORK COMPANY, VAN A R ^ A L j.-HARRIS, ) PARAFFINE COMPANIES, INCORPORATED, PABOO PRODUCTS,) INCORPORATED, PLANT RUBBER AND ASBESTOS WORKS, j JOHNS MA'-VILLE COMPANY, FIREMAN'S FUND IITOEMNITY j COMPANY, STiTE C'MPENS/TION INSURANCE Pul'll), ) UNITED ST/ TES CASUALTY COMPANY, AETNA CASUALTY ) ANDTSURETY COMPANY, INDUSTRIAL ^JEMNITY- COMPANY, t o a VRT TNSUlvANCE COMPANY, GIDDIN'jS bUPPLY ) company b a y c i t i e s a s b e s t o s c o m p a n y ,l i m i t e d , j MailedFrom Ssn Fron::ico 0.: EBERTS*ISLAND DEEDGING AND IMPROVEMENT COMPANY, INCORPORATED, VAN FL ;ET-FREE/'R COMPANY, IDEAL ) O VENTILATING AND SHEET METAL WORKS, LANG^DORF ) UNITED BAKERIES, INCORPORATED, E. B. ! SONS COMPANY, MADDEN PLUMBING AND HEATING COMPANY,) ,,Wric! Acrd~ C*~*r -rr* L J. I a S (oivner), KAIdBF ALUMINUM ANU CHEMICAL CORPOR/TION, RICHMOND SHIPflUILDIN-r CORPORATION, ) GENERAL INSULATION AND SUPPLY COMPANY, .-NO ) PACIFIC EMPLOYERS INSURANCE COMPANY, j Defendants ) Order Approving Comjr omlse and Release havinj Issued May lb, 195o> wherein it appears that one of the defendant employers was incorrectly named, IT IS ORDERED that the title of the employer named as "Plant Rubber-end Aabeatoa Company" stand corrected to show the name to be 'Plait Rubber and Asbestos Works'1. ^ | ^ . 1 !J '" ' A ' / ~ C * INDUSTRIAL ACCIDENT COMISSION ( 3 > 7 0 * 0 0 OF THE STi-.TE O F CALIFORNIA I ^.17 F * A. LAWRENCE ---------- - JOHN J. SYNON -------------------------------Commissloners a l t ; ANN KISH vs WESTERN ASBESTOS COMPANY, et al. Eldon 3. Spofford, Referee June 3 1955 Claim No. 53 3F 1^5-939 Injury: .arch 19 1952 REPORT OF REFEREE ON ORDER COHldSCTING APPROVING COMPROMISE AND RELEASE Order approving compromise and release issued herein P? j s t a t i n * that of the total settlement figure* the^sun^o^/jfo.OO was to be paid by The g i s ' . 5 p x 3 ar. have now called attention to the error in the name of the latter employer, stating that,,i^i^Ionears from Plant Hubber and Asbestos Works, and it appals from the compromise and release gr""* ^Oomnany" and Asbestos Works was n a m e d * > ? * retT e ? U should be corrected to read worics . _ accordingly attaching as order for such correction. E B 3 :mam ELDON 3. SPOFFORD, Referee