Document mqdGNDJRydeZZ94BGzRmbRa4J

FILE NAME JT Thorpe & Sons JTT DATE 1954-1961 DOC JTT007 DOCUMENT DESCRIPTION WC Claim - Cuthbertson Part 2 _ CLARKSBURG TU SA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA PitP tlediPtitttlleded Dismissed ALEXANDER & ALEXANDERALEXANDER Dismissed INCORPORATED INSURANCE TELEPHONE TUXEDO 9.4304 BELL SYSTEM AVERAGE ADJUSTERS CONSULTING ACTUARIES TELETYPE BA 58- 2225 NORTH CHARLES STREET BALTIMORE 18 MD CABLE ADDRESS ALEXBLUE April 25 1961 r A U2 119691 61 Mr. William L. Hughes Manager Insurance Department Armstrong Cork Company Lancaster Pennsylvania Travelers Policy RUB 3386210 No. 10544 Dear Sir Please note disposition made of the following claim Date of Accident Claimant Location Claim No July 17 1954 Robert F. Cuthbertson San Francisco California 8972691 Disposition 383.06 - Expense Remarks We do not appear to have received a previous report of this case Indicate Whether Workmen's Comp Auto Liability B.I. P.D. General Liability B. P.D. Very truly yours ALEXANDER & ALEXANDER INC H. LOSS DEPARTMENT INTER OFFICE COMMUNICATION To J. E. Zeller Lancaster rmstrongCONTRACTING January 11 , 1961 From A. L. Stokely San Francisco Subject Industrial Accident Commission - California Case No. 59 OAK 1053 Robert F. Cuthbertson ML.A. ML.A. JAN we Attached is a copy of a decision after reconsideration recently received by us DJM Red BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORN CASE NO 59 OAK 1053 ROBERT F. CUTHBERTSON 1 Applicant ) V8 ) DECISION AFTER RECONSIDERATION AFTER PLANT ASBESTOS COMPANY J. T. THORPE WESTERN ASBESTOS COMPANY ARMSTRONG CORK TRAVELERS INSURANCE ) COMPANY INDUSTRIAL INDEMNITY COMPANY PACIFIC EMPLOYERS 1 INSURANCE COMPANY STANDARD 9 ACCIDENT INSURANCE COMPANY and ) STATE COMPENSATION INSURANCE FUND 10 ) Defendants Malled From San Francisco Office JANG 1061 Industrial Accident Commission California 11 Reconsideration having been granted herein and the matter having been carefully coMnesdiidcearled including examination by the Independent the report of Examiner as well as the record as a whole this Commission Commission now concludes that further proceedings are not essential for the disposition of the claim and makes its Decision After Reconsideration as follows GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that the Findings and Order filed herein December 15 1959 be and the same hereby is affirmed and adopte as the Decision After Reconsideration oA we INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F. A. LAWRENCE Commissioners Commissioners ROBERT F. CUTHBERTSON December 29 1960 vs. PLANT ASBESTOS COMPANY et al CASE NO 59 OAK 1053 REPORT OF PANEL ONE Based upon the report dated March 30 1960 by Dr. Shipman Independent Medical Examiner it is the conclusion of the Panel that applicant did not sustain injury arising out of his employments from July 1947 through December 1958 The Panel further concludes that the disability complained of by applicant was not caused by any injury arising out of and occurring in the course of his employments Decision After Reconsideration should accordingly issue INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA py LAWRENCE LAWRENCE LAWRENCE LAWRENCE ELTON C. LAWLESS Commissioners ROBERT F. CUTHBERTSON vs. STATE COMPENSATION INSURANCE FUND et al Referee Ankels who heard practically this entire matter issued a the claim being one of asbestosis The matter was upon the H. Corwin Hinahaw M.D. served in this capacity The Panel wishing , itself authorized an examination by Sidney Shipman M.D. It was for the examinatoi f o thn is dector that the matter was assigned to this Referee The three doctors Hinshaw Shipman and Brown are in unanimity in their opinion that the applicant does have asbestos particles in his lungs but they are disabling do not require treatment and that the degree of observation required as a result thereof is not any more than anyone else Based thereon this Referee submits as recommendation to the Panela ratification of the decision originally issued by Referee Ankole The same is submitted herewith CHD bw CLAUD M. DUNN Asfares CUTHBERTSON OAK 1053 CLAUD M. DUNN Referes San Francisco 7-6-60 Injury Asbestosis REPORT OF REFERCE SIDNKY SHIPMAN M.D. qualifications stipulated testified that pursuant to the appointment by the Panel he had seen the applicant and that there had been made available to him the pathological report laboratory analysis of lung tissue and reports of Drs Watson and Hinshaw Testified that there was no demonstrable evidence of asbesto- sis There was no disability at that time but the man did have asbestos particles in lungs as well as a fibrosis As the years go by the man may develop symptoms but he does not have them now for He does have an occupational foundation there- Complaints of chest pain vague in location were compatible with asbestosis and periodic rays due to the presence in the lungs of the asbestos bodies were inuisated the same as for everyone else working in a similar line of wage capacity as the applicant but no greater Testified that it was his opinion that as yet the man did not have any lung discane He probably would not have There was however definite evidence of the existence in the man's lungs of asbestos bodies adequate in size to produce the disease Testified that he made this statement even though the symptoms were not entirely consistent with the diagnosis of asbestosis He differ entiated between silicosis and asbestosis in that silicosis set up a fibrotic reaction which asbestosis did not Testified that the applicant ought to have rays every six months for several years and then the same every year the same as every other employee similarly employed Testified it was true that there were bodies present in the lungs and there was some ->ssuereaction but that these conditions were insufficient to cause disability Testified after examination of all the various counsel | present that he was still of the same opinioans set forth in DISPOSITION See Minutes of Hearing) CLAUD M. DUNN Referee INTER OFFICE COMMUNICATION To J. E. Zeller Lancaster May 18 1960 \ Armstrong Armstrong From A. L. Stoke , San Francisco Francisco Subject Robert F. Cuthbertson vs. Employers Notice of Time & Face of Further Hearing Case 59 OAK 1053 MAY 20 20 1960 WLH Attached is Hearing for our the notification of the Time and case of the applicant versus Place of Further the listed defendents You will notice Company. that this was also served on Travelers Insurance We assume you will want to forward to Armstrong Cork Company's Insurance Department INPO -- -- ----, -- --, \ Red : -- -- --, 4 Before the Industrial Accident Commission 7 of the State of California Ce | ROBERT P. CUTHBERTSON + 1 Applicant VS. PLANT ASBESTOS COMPANJY. T. THORPE WESTERN ASBESTOS COMPANY ARMSTRONG CORK TRAVELERS INSURANCE COMPANY PACIFIC EMPLOYERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY and STATE COMPENSATION INSURANCE FUND Defendant Notice of Time and Place of Further Hearing NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the entitled action at ROOM 2202 455 GOLDER GATE AVENUE SAN FRAINISCO CALIFORNIA Dated San Francisco May 16 1960 Calif CROSS EXAMINE DR SHIPMAN ON RECONSIDERATION RECONSIDERATION GRANTED ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON Robert P. Cuthbertson 2438 Garvin Ave. Richmond Calif Smith & Parrish 501 Pinancial Center Bldg Oakland Calif Plant Asbestos 1300 - 64th St. Emeryville Calif J. T. Thorpe 1351 Ocean Ave. Emoryville Calir Western Asbestos 675 Townsend St. San Francisco Calif Armstrong Cork 304 Shaw Road San Francisco Calif Traveler's Insurance Co. 315 Montgomery St. San Francisco Calif Pacific Employers Insurance Co. 244 Pine St. San Francisco Calif State Compensation Insurance Fund Personal Service Industrial Indemnity Co. 350 Sansome St. San Francisco 6 Calif Hanna & Prophy 100 Bush t San Francisco Calif Mullen & Pilippl 315 Montgomery St. San Francisco 4. Calif Standard Accident Insurance Co. 433 California St. S.F. Calif ROBERT F. CUTHBERTSON May 3 1960 V. PLANT ASBESTOS COMPANY Case No. OAK 1053 Pursuant to request dated April 21 1960 by applicant the case should be returned to the calendar for cross- examination of Dr. Shipman the independent medical examiner INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 1. A. LAURENCE MAY MAY MAY 4 1000 1000 Industrial Accident Commission California Commission EDH 5. EDH TIMMAS Commi RES INTER : OFFICE COMMUNICATION Armstrong Armstrong February Armstrong CONTRACTING CONTRACTING To From J. E. Zeller J. S. Taylor Lancaster San Francisco Subject Order Granting Applicant's Petition for Reconsideration Robert F. Cuthbertson vs. Employers a, a_i THE AND WHI WHI jyir jyir jyir jyir jyir Enclosed notice of tion in connection will We assume want granting applicant's petition for reconsidera- with the above case to forward this to the Insurance Department DJM FORM 1501 1.59 a= 3 4 5 6 7 8 9 22 22 23 13 14 227 227 227 % 22 22 21 22 23 24 25 26 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFOR CASE NO OAK 1053 ROBERT F. CUTHBERTSON Applicant v : PLANT ASBESTOS COMPANY J. T. THORPE WESTERN ASBESTOS COMPANY ARMSTRONG CORK TRAVELERS INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY PACIFIC EMPLOYERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and STATE COMPENSATION INSURANCE FUND Defendants ORDER GRANTING APPLICANT PETITION FOR RECONSIDERATI MailedMailed from San Francises Office eee EpGA Industrial Accident Accident EpGA Industrial AccidCeanltifCoalrifnorini State of (| GOOD CAUSE APPEARING THEREFOR: IT IS ORDERED that applicants tition for Reconsideratio filed herein January 4 1960 the same hereby is granted INDUSTRIAL ACCIDENT COMMISSION THE STATE OF CALIFORNIA C F. A. LAWRENCE ELTON C. LAWLESS EDMUND J. THOMAS JR Commissioners Deputy Commission Commission ROBERT F. CUTHBERTSON January 28 1960 v PLANT ASBE COMPANY e Case No. a REPORT PANEL ONE The Panel is of the opinion that a report independent medical examiner will be of as to it in the determination of the issue pr The Petition for Reconsideration is theref to obtain the opinion of such an examiner parties so agree INDUSTRIAL ACC OF THE STATE F. A. EN C ~C~omm evi A. ARABLE REFEREK Oakland 1-20-60 Injury CUTHBERTSON NO OAK 1053 Asbestosis REPORT OF REFEREE ON APPLICANT'S PETITION FOR RECONSIDERATION Due date February 3 1960 The employee an insulator born May 4 1928 claims to have sustained an asbestosis . After hearings Findings and Order to the effect that applicant did not sustain any injury arising out of or occurring in the course of his employment was served and filed on December 15 From this decision applicant petitions for reconsideration contending that the evidence does not justify the denial The preponderance of medical evidence in this case clearly indicates that the applicant does not have asbestosis It is noted that the applicant quotes from the report of the patholaos g foillsowts This is definitely not a finding of asbestosis Applicant also Crenshaw quotes from some portions of the testimony of Dr. However the conclusion of H. effect that Corwin Hinshaw D. is to the applicant does not have asbestosis This is also the conclusion of 19 1959. Cabot Brown M. D. in his report of November Dr. Brown was the agreed examiner The Answers filed by the various defendants herein taken and applicant's Petition for Reconsideration are well should be It might furthebre observed that the opinions of Dr. Hinshaw and Dr. Brown should be good news to the applicant who is wor atk hii s oln d jg ob JHAire JHAire INTER Dick INTERES750 135 INTERES750 INTERES750 To J. Zeller Lancaster From J. S. Taylor San Francisco Subject Notice of Findings & Order Industrial Accident Commision of the State of California Robert F. Cuthbertson 1/5/60 1/5/60 ~ RCJ CORO47.0 1/6/60 Wrsit Cuthbertson Cuthbertson Enclosed findings and order resulting from the claim vs. various local insulation contractors to an Asbestosis claim of Robert F pertaining You will recall earlier in the year we received from the Cork Company a detailed listing of employment of this Armstrong with the request that we substantuate the applicant during his tenure -: of employment and reporptrodsuam ce ts tu o seMrd. bRyichhiamrd E. Beaudry Insurance Adjustor aIndassourmdeeryou will want to notify the Cork Company of this findings DJM JUAN H. ANKELIS Nereree . Oakland August 13 1959 CUTHBERTSON -- 59 OAK 1053 Injury Asbestosis 4 REPORT OF REFEREE The employee an insulator born May contracted asbestosis as a result of has been paid 4 1928 claims his employment to have Nothing ISSUES Firimitivn Injury Firimitivn Medical Firimitivn Statute of limitations . Firimitivn Lack of notice and prejudice Firimitivn Jurisdiction -- maritime APPLICANT testified in substance as follows He obtained the employment records from the union and the employers In July of 1947 he started to work for the Plant Asbestos Company and worked through January of 1948. The period of employment was about seven months He worked on ships for this employer and cork was used for insulation He worked for J. T. Thorpe from May to December 1948 applying asbestos insulation on one job in Tracey and one at Hunter's Point a power house at PG He cut and fitted asbestos material and used wire and mud in the application This work went through January of 1949. The places where he worked were enclosed and there would be dust there Others were on the job He then worked for the Western Asbestos Company from January 1949 to May of 1949. On that job there was also some insulation of asbestos material for PG and also for the Union Oil Company - Then he worked again for J. T. Thorpe from May 11th through August 10 1949. This work included Fibreboard Products at Antioch The work was all in an enclosed area It was hot and dusty and there was dust from asbestos material From August 11 1949 through February 1950 he worked for Plant Asbestos and the work was at Fibreboard Products at Antioch The work was the same and the conditions the same Lo From March 13 1950 to August 3 1950 he worked for the Western Asbestos Company on a PG power house at Moss Landing This was same type of asbestos insulation and it was in enclosed and dusty places the On August 20 1950 to September 3 Plant Asbestos at Galland Laundry dusty 1950 he This job again worked for was very hot and From September 13 1950 to July 17 1954 he worked for the Armstrong Cork Company FILED AND SERVED On all parties of record R.Crowley UTU ID 1999 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 CLAIM NO OAK 1053 31 ROBERT P. CUTHBERTSON Applicant ) 6 v8 ) PLANT ASBESTOS COMPANY J. ATR.MSTTHROONRGPE ) WESTERN ASBESTOS COMPANY ) FINDINGS AND ORDER 10 , STANDARD ACCIDENT INSURANCE COMPAFNUYND , and STATE COMPENSATION INSURANCE Defendants ) 11 12 323 323 before The above entitled matter having been regularly submitted said Referee now makes his decision John H. Ankele Referee 15 16 17 2 2 as follows FINDINGS OF FACT 1 The applicant was employed by the various employers above named from July 1947 that he sustained an injury through arising December 1958 and alleges out of and occurring in the consisting of asbestosis course of his said employments 2 Applicant did not sustain any injury arising out of of his employments from July 1947 thro or occurring in the course 24 27 28 December 1958 . complains was not 3. The disability of which applicant proximately caused or caused at all by any injury arising out o in of his employments or by his employme or occurring the coupse ORDER IT IS HEREBY ORDERED that applicant take nothing by vvuuy 2, ANDELS Hereree . Oakland August 13 1959 CUTHBERTSON -- 59 OAK 1053 Injury Asbestosis . REPORT OF REFEREE The employee an insulator born May contracted asbestosis as a result of has been paid 4 1928 claims his employment to have Nothing ISSUES I. InjuryInjury . Medical . Statute of limitations . 4 Lack of notice and prejudice . Jurisdiction - maritime APPLICANT testified in substance as follows He obtained the employment records from the union and the employers In July of 1947 he started to work for the Plant Asbestos and worked through January of 1948. The period of Company was about seven months He worked on employment and cork was used for insulation ships for this employer He worked for J. T. Thorpe from May to December 1948 applying asbestos insulation on one job in Tracey and one at Hunter's a power house at PG He cut and fitted asbestos material Point used wire and mud in the application This work went and January of 1949. The places where he worked through there would be dust there Others were enclosed and were on the job He then worked for the Western Asbestos to Company from January 1949 May of 1949. On that job there was also some insulation of asbestos material for PG and also for the Union Oil Company - Then he worked again for J. 10 1949. T. Thorpe from May 11th through August This work included Fibreboard Products at Antioch The work was all in an enclosed area It was hot and there was dust from asbestos material dusty and From August 11 1949 through February 1950 he worked for Plant Asbestos and the work was at Fibreboard Products at The work was the same and the conditions the same Antioch Lo From March 13 1950 to August 3 1950 he worked for the Asbestos Company on a PG power house at Moss same type of asbestos Landing Western This was dusty places insulation and it was in enclosed and . the On August 20 1950 to September 3 Plant Asbestos at Galland Laundry 1950 he again worked This job was very hot for and 1954 From September 13 1950 to July 17 Armstrong Cork Company he worked for the There was -tmnwkh . 2.21. leg injury in 1957. The work was all asbestos work mostly in was due was off to his work three months He had worked through August 10 and he returned to work at Plant 1958 and Asbestos He recalls working at the State for about a week insulating theEmsptlooryamgeenttaBnukilding in San Francisco He does not remember doing the job at but he could have been on that Borden's Dairy in Oakland job The Travis Air Force Base job took some wool felt used on that nearly two years job but mostly asbestos There was He believes that McKeesby and Madison the asbestos pipe covering and it is were the manufacturers of covering eighty per cent known as magnesia pipe and up to 1953 or 1954 he does magnesium not They use some Fibreglass Mansville products On remember if they used heating pipes they generally use Dr. Thompson had rays taken He did see if there was any danger about his go to Dr. Thompson to went two or three times He is not having asbestosis /fi sure when the second rays When he had pneumonia he changed to Dr. Dr. Brown he had tightness of the chest Brown When he first saw and pain He had rays cuthbertson - 3 He informed the Plant Asbestos hospital He believes Company that Blue bills and some of Fr. Cross hospital bills Crenshaw's bill going medical that he was paid most of He paidpaid about to the 50 . in He drew unemployment disability benefits time he at 50 a was off and he also received 12 week all the a day for hospitalization He knew that his brother Jack had Industrial Accident a proceeding before the Commission He understands that diatomaceous earth is the same as asbestos When he pains saw Dr. At that Thompson for a chest check he had no time he was working for Armstrong Cork chest Br In May or June 1958 he began having chest complaints stopped smoking on the advice of Dr. Crenshaw He He with shortness of breath last was troubled he returned to work in year He was off a week after November week because of his chest 1958 and then he was off another The is eighty per cent magnesium pipe covering that they used manufactured by Pabco They always use Pabco materials He did not lose any time before August of 1958 because of his chest He also did not to work worked in some old buildings for Plant have pneumonia before February 1958. on a job recently because they did not Asbestos He He did refuse have a blow fan He is still under Br Crenshaw's care His are in effect that he has slowed down he present has complaints he cannot sleep as well and it is hard to work some pain He has been a foreman since 1954 on J. T. Thorpe was all block work and was to dust This was worse in respect It was made by eighty Pabco per cent magnesium pipe covering He has covered all the employers for which he not remember all the odd jobs worked but he does HHee dwooerskendotaldoonghowmiethihnissulbartoitohner from 1949 through all of 1950 Prior to 1947 he was an bodied seaman in the and he did not have a history of having a lot of Merchant Marine perhaps would get one or two a colds He he was in Richmond year In his bout with pneumonia about six weeks Hospital about three weeks and stayed home He felt fairly good after that He cannot pinpoint the time when his chest was either in May or June of 1958 in July He got pain developed so bad he saw a It doctor rr. -' Cuthbertson - 4 OAKLAND October 22 1959 Insurance ComRpIaCnHyARaDndB. StBaEnAdUaDrRdY called by the Defendants Travelers as follows He is an Accident independent testified in substance the job records on which the insurance adjuster He reviewed at the Armstrong Cork applicant office He worked between 1950 and 1954 plant manager A tabulation worked with J. S. Taylor the sponse to a letter of was made in the home office in under the column August 3 Materials 1959 Defts Ex 5 was re- The informatic informatic tigation of the obtainable made as the result of his inves- umn Materials stated the contracts The percentage in this col- not their content The amount initials of material used on the job and covering EG for fibreglass MPC stood for magnesium pipe column the contract could not Where there be is a dash in the materia the job at Travis Air Force Base found He made a special study on the X's This tabulation These were marked as indicated by supposedly covers all of applicant's Cork em- Insurance Company and Standard as follows He is Accident the president and testified in substance They manufacture pipe of insulation the Sacomo Manufacturing Company has had 25 years of experience pump packings and the like He He Rubber & Asbestos Company and started worked in 1934 with the Plant when their factory was bought with them until by Sacomo April 1 1948 moatnhuefracture wool felt insulation They Moabtnauifnacturing Company They manufacturers They use their materials from and then covered by asbestos crepe wool felt which is laminated and the of a 36 muslin will overlap inch section Wool paper This about one and felt is then covered half inches with muslin at one end wood pulp of the proof targliner kraft stock The asbestos is Next about 30 rag base and 50 to to the pipe there is a water- 60 and is filled within the paper is a six pound asbestos wool felt paper for a three inch paper thick wall six pound asbestos which is laminated to build up a one corrugated inch and then four layers are of soda sometimes known as wall Adhesive used is silicate a muslin and put out in 36 water glass inch This is also wrapped with muslin overlap The wool felt lengths with an inch and a half lines The air cell insulation insulation is is generally used on cold insulation material is out with used on hot water lines The The joints are probably attached knives table saws or hand saws know because he does not of amosite asbestos install fibre with with asbestos any covering cement He did not Unibestos is made is long asbestos fibre that is bundles of sodium silicate Amosite fibres are as long as five mined in South Africa These chrysotile is mined in and six inches White asbestos are about 8ths greater inches abundance in Canada These in length He is familiar with or fibres magnesium pipe covering ; the 85 Cuthbert gon - 5 Company PAUL NIETO, PAUL of Plant NIETO PAUL substance & ofcomplete work history but applicant history of recurrent complete of previously he last had a history X attacks taken attacks took pneumonia 1953 November year There He can in October October October rays 1954 but and March 1956. not tell if them he attempted to . does does not he Hospital Hospital The not infiltration was submitted Richmond Hospital specimen specimen . laboratory but was In biotics were prescribed prescribed on there February Also treated treated was 1959. 1959 he had 100 degree throat gettinggetting over February infection infection temperature and further antii-nfection June biotics were 1959 prescribed prescribed prescribed degree temperaturetemperature Over biotics degree temp the in fection, prescribed erature@ and her anti. we wwe = woe - The biopsy was major surgery and was diagnostic He did not feel that indicates that it fibreglass had a great should be avoided He effect Recent told the surgery applicant that he asbestosis right after the surgery Asbestos within the lung impair the function of the lung Elastic fibres of the lung are affected DAVID SINGMAN M.D. called by the Defendant Travelers Insurance and Standard Accident testified in substance as follows He is duly licensed to practice medicine in the State of California His specialty is pathology He does the pathology at Richmond Hospital He received the specimen indicated by the hospital re- port He does not know the exact number of actual specimens He submitted specimens to the State Department of Health on December 8 1958 at the request of Dr. Crenshaw He brought them up to the Department of Health himself He also received the report of R.A. Soave a doctor of veterinary medicine He was then called to Sacramento where they had special ray diffraction apparatus and the quantity of formed asbestos was even demonstrated in the tissue as indicated by the report of the State Department of Health It follows therefore that there was asbestos in the lungs but not enough to show in ordinary ray technique He can not tell t from the repo as to the quantities of materials found He called Dr. Crenshaw when he received the report but he can not recall he sent copies of the state report to Dr. Crenshaw but he usually ifdoes If Dr. Crenshaw did not get a written copy of the report the fault was that of the witness He himself did not see any abnormality of the bronchii if it is not in his report Dr. Crensha was unhappy with his first pathological report because Dr. Crenshaw had expected to find asbestos and therefore suggested that it be sent to the State Fibrosis is usually found in asbestosis cases as is usual in silicosis cases and generally the particles can be seen Most of the noxious agents that affect the lung will cause fibrosis ROBERT CUTHBERTSON recalled and testified in his own behalf as follows He did not work at the Pacific Coast Portland Cement plant on May 11 1952 nor on the Walnut Creek School on June 29 1952 nor at Camp Beale on May 3 1953. It was the practice of the company to shift the payroll records to another job when there was a loss on a job from which the payroll report was submitte He recalls all the jobs in the tabulation except the three he mention He is not a cork man so he does not use too much cork He believes that he just used cork for about a week in his employment with Armstrong DISCUSSION AND DECISION the On December 3 1959 the report of Cabot Brown M. D. agreed medical examiner was served and filed It would appear that the report of Dr. Brown resolves any apparent medical conflict heretofore existing in this case Dr. Brown concluded that the applicant does not have asbestosis Therefore a denial must issue August 14 1959 Armstrong Contracting and Supply Corporation 304 Shay Road malose & Thermo and worksheets infopar rt m of a thetini foro matn ion requested in the Boundry & Wilson letter Records for the year 1950 have been destroyed so that the Payroll Department listed only those contracts worked on by R. 7. Cuthbertson starting in 1951 Arthur Boardum Controller's Department then listed with whom and whose we had the contract Where the information is not entered Arthur vas mmabl to lecate the particuflialers Thought perhaps your files might disclose this information in which ease you could complete the information Beaudry & Wilson is lookifnogr In view of the first parina thg e lar st a parp agrh aph page one of Mr. Bom^ry's letter will you please contact him at your earliest convenience ARMST CORR K O COMN PAG NY R. C. Schiedt Jr. Insurmee Department J. E. Zeller AORS Lancaster JB , BEAUDRY & WILSON . INSURANCE ADJUSTORS 420 MARKET STREET SAN FRANCISCO 11 CALIFORNIA ' EXBROOK 7.4171 August 3 1959 The Armstrong Cork Company Lancaster Pennsylvania Attn R. C. Schiedt Jr. Insurance Dept. Gentlemen Q an RE Robert F. Cuthbertson Cork Company Our File 59-199 vs. Armstrong We have been assigned to do some investigation work on the above Mr. Ivan Schwab of Hanna & Brophy's office who are handling the before the Industrial Accident Commission for the Traveler's and case by hearing Standard Accident Insurance Companies This case has been set for August 13 1959 mailed In order for us to complete our investigation it is necessary that we mailed obtain some information from you and also a letter which can be submitted to the Industrial Accident Commission in the event we are unable to pre- pare the case in time The information we require is the name and number of each job Mr. Cuthbertson was employed upon during the period September 13 1950 to July 17 1954. With this job name and number we can then obtain the necessary information from your local office Armstrong Contracting and Supply Company which will enable us to determine what type of materials were used and handled by Mr. Cuthbertson As you know Mr. Cuthbertson has filed a claim for asbestoses We are trying to determine the amount of materials he handled containing asbestos and the amount not containing asbestos The above information as to the name and number of the job should be sent directly to us as soon as possible In the meantime we would appreciate your writing a letter direct to Mr. Ivan Schwab Attorney Hanna & Brophy 1540 San Pablo Avenue Oakland California stating that there will be some delay in developing the information in this case Please include in your letter the reasons for this delay i.e. distance involved and inaccessability of the records - 2 e- Mr. Schwab can then use this letter at the time of the hearing on 1959 to request an extension of time and another hearing in the investigation is not completed Thank you for your courteous and reply in this matter August 13 event our prompt Cordially yours BEAUDRY & WILSON REB ms RichaE. Bredy Richard E. Beaudry aes So or ae a ~ * ony Poe a , + s, . : ns oo ' Ses e - . fees Le ode ay e . qe * tan * ee, . . 4 7 . . . a * -* Pa Sew we .~ . Lobe wk. " ae . . > Se caer ange ae 568-28-7686 568-28-7686 . Cd  afin 3 270 270 157 . 276 a . 110.54 ts 270059 270059 . weet co aed 2. Gator matam Fords for matam matm 3-7-54 : - 270 205. J. Mc 3-7-54 3-21-54 4.4.54 Anderson Rows 4.41.54 3 4.4.5 Bestor Rowe ree c a ' re 10203 7.-S.A. +A , 7.-S.A. 4.41.54 ae 14690 146909 now 5.2.54 5.2.54 5.2.54 | 270 * Dethg< now 223 . .. - 6-13-58 . soo 6-13-58 * e. an as z,* howte ogi he sang am + a . wt * o t i Be , 3 eo - rey2 ry : ., . aie! -eS > 4g 3. ~ oF : ee , v e , as T8-18-59 T8-18-59 Mr. Ivm Schwab Hamna & Brophy 1540 San Pable Avenue Oakland Calif Sak Mrw . a Sakb wae be Subject CRoorbkeCroFmt.paCnuythbertson vs. Amstrong We find the job of accumulating the detailed information you requested in commeation with the claim of Robert F. Cuthbertson for the years 1950 1951 1952 1953 and 1954 will take longer than ve had estimated In addition to the San Francisco office several different departumts here in Lancaster are involved and with this month's vacations we believe it soulbde the and of August before the information can be accumulated Ve trust this delay will not seriously inconvenienycoeu and we will make every effort to supply you with the information as promptly as possible Very truly yours ARMSTRONG CORK COMPANY 3 R. G. Schiedt Jr. Insurance Department Beandry & Wilson 420 Market Street San Francisco 11 Calif J. 8. Taylor AC 8m Francisco J. E. Zeller AC Lancaster Armstrong Contracting and Supply Corpora of Armstrong Cork Company whose address Frandso Very truly yo AIMSTRONCGO 1. C. Schied Insurmos Der Talemres J. E. Baller AGMB, Lancaster J. 5. Enylor MC38 8m Francisco eo 2. teen. ers adjuster W.B.Hofferth W.B.Hofferth INTER , OFFICE COMMUNI To J. E. Zeller Lancaster From J. S. Taylor San Francisco Subject Robert F. Cuthbertson Request for information pee ee mstrongCONTRACTING July 22 1959 Enclosed are duplicate copies dated July 21st which is self of Travelers explanatory Insurance letter It is our understanding that this will be handled by the Armstrong Cork Company's Insurance Department If we can be of any further help please let us know DJM J. G. Murphy Sacramento P.S. Please forward the original Company for their action copy to Armstrong Cork FORM 31501 1.59 CLAIM DEPARTMENT J. A. JOHNS Claim Manager The Travelers The ThTeraveleTrsravelers Travelers The TravelersTravelrs The Travelers Insurance CompaCnomypany Travelers Indemnity Company JulyJuly 21 19591959 BRANCH OFFICE 1956 Webster Street OAKLAND 12 CALIFORNIA Telephone Templebar 2-8200 Armstrong Cork 304 Shaw Road San Francisco Company| California Gentlemen 8972691 Re Robert F. Cuthbertson Armstrong Cork Co. / 7-14-54 Please submit a statement in quadruplicate indicating all inclusive dates of Mr. Cuthbertson's employment ; his salary by the hourly wage and gross for the years 1953 and 1954 whether he was hired as a regular or temporary employee his job title and a brief resume of his duties whether his duties brought him into contact with asbestos and is so to what degree whether or not he was exposed to other materials which might have a deleterious effect upon the lungs over a period of time and if so the nature of the substance and the degree of exposure and whether or not Mr. Cuthbertson ever made any complaint with respect to exposure to deleterious substances or alleged ill ness as a result of alleged exposure Please forward the original and two copies direct to our and Brophy 1540 San Pablo Avenue Oakland Calif with copy to this office attorneys Hanna the third carbon solicited Your prompt and complete cooperation with our counsel is earnestly as this matter is set for a hearing before the Industrial Accident Commission Commission on August 13 1959 Very truly yours NHAU cc Hanna & Brophy Oakland N. H. Abreu Adjuster the ... andreal y htuy Nie io keg ts + toe Cw fay cae be te teomng andreally andrealy andreally rt. 4 oO we thane Helin Ga andreally andreally indecoled ... indecoled indecoled eee bur andreally lippe inations inations inations ef, A cou cou fl- site faobfripcaitpieon the use +f dling fittings am fer f bone A a 2 at oe fun. on 24 ... and from ao mund mund mund of differentdifernt different o wo wt 7 ret, tits tits tits magnation magnation wel etc. > are almost deqersince since exposure wmo wmo Regardermoters concent of lust mor prolongeproldongedprolonged paradpaerade of Myuch uch condicondtitionis ocnosnditions mary time when oppor etc " carpenter Jay 110 412/850 24 OGG DAS I 1/6713/98. pd i PS Se ari ad ee P Se IY 18/051 ce Ee 302518/05315te] RenaPLe L328 ae a es ee 2/16/80 2 /16/80 : & 16801 16801 Pl 271680 -~ 1/82/12/801/82/12/80 1/82/12/80 ~ g 1/12/15/80 eee 12/680Per 12/16/80 e 0 6313He 1185780| L1ea18570 1123857801 | 182 12/14/8 7 163180 234721540234721540 a Sy ERE Ml Ma (CEPRerEA. BT ) A) CFRE ERGE CEL er fa. FPN ERRAEGCEERE SR BL Ee 251 ES A | yl ox E E Wot(0.ewe254EREKBEER RE XE et TSENR Landard Accident Insurance Company West Sam Brume Avenus San Bruna California July 29 1959 As requested in your July 22nd letter ve malose in duplicate the 1950 and 1951 earnings record of Robert Cuthbertson Standard Accident Company during the years 1950 Ianndsura19n5c1e Company insured Armstrong Cork Similar photostate for the years 1952 1953 md 1954 have been sent to The Travelers Oakland office which insured Armstrong Cork Company the three years in question Very truly yours ARMSTRONG CORK COMPANY R. C. Schiedh Jr. Insurance Departm John E. Keller AO Lan6 John S. Tayler ACAS San Francisco Francisco Incloures Incloures OM FERRY JR Chair an the Board \ K KIRK President ae SYMBOL OF SERVICE FOR 75 YEARS Standard Accident Insurance INCOMPOMATED INCOMPOMATED 1 88 Company ROY W. SMITH MANAGER CASUALTY - FIRE MARINE FIDELITY SURETY NORTHERN CALIFORNIA BRANCH OFFICE PHONE JUNO 3-4000 ARMSTRONG CORK COMPANY LANCASTER PENNSYLVANIA ATTN R. C. SCHIEPT JR INSURANCE DEPT JULY 22 1959 RE 96 960794 ARMSTRONG CORK COMPANY ROBERT F. CUTHBERTSON DATE OF DISABILITY 8-1-58 POLICY AZ 688800 GENTLEMEN 1959 YOU WILL RECALL THAT ON JUNE 15 WE ASKED YOUR HELP REGARDING EMPLOYMENT RECORD OF ROY THORSTED AND WHICH WE DULY RECEIVED AND FOR WHICH WE THANK YOU NOW WE MUST CALL ON YOU AGAIN FOR THE EMPLOYMENT RECORD OF THE ABOVE CAPTIONED CLAIMANT WHO IS NOW FOR ASBESTOSIS PRESENTING A Claim THE EMPLOYMENT RECORD WE HAVE RECEIVED INDICATES MR 1954 WORKED FOR YOUR COMPANY FROM SEPTEMBER 13 1950 THROUGH CUTHBERTSON JULY 17 INCLUSIVELY WE ARE ENCLOSING ENOUGH FORMS FOR YOU TO COMPLETE FOR 5 THIS ENTIRE YEAR PERIOD AND ASK THAT YOU RETURN TO US AS SOON AS POSSIBLE INASHUCH HEARING BEFORE INDUSTRIAL ACCIDENT COMMISSION COMMISSION IS SET FOR AUGUST 13 1959 AND WE WISH TO THANK PAST REQUESTS ON YOU FOR YOUR COURTESY THESE CLAIMS AND COOPERATION FOR THIS VED ENCLS CC CC V.L.P. SHRIVER AGENCY HANNA & BROPHY ATTORNEYS VERY TRULY YOURS VeraE. Dashing VERA E. DOWLING CLAIM REPRESENTATIVE ney YNe, 1-12-1-1`1 1-12-1-1`1 1-21-1` 1711 171: 18 KAFMC15KAFMC15 KAFMC15 KAFMC15 KAFMC15 DICL~ICLN DICL~ICLNDICLI~CILN DICLI~CILN NIL NIL 17-1- 17-1 r` Sol| PAL eel| 15072se se 250 ae e hee ,, h Ly ,,BeBe Re BelgREN BER +. ese < B tes Gathowr x vt ie ERS Robe ; ob : Ne Yay ; =BAZ awe, r ka oe a : : ay A ae L eek pa 4 a g es , a {Reteasdpices * 4 ft: od oe ) ee Se Be a Jars S iI,RNe,fel race rN Bear i AR poe aePIGNOT wisREes PERoBp YE Ah ae blV| uesaBUSRE be ASch Pe BhoaTe Im amwayae imEe 4.11 180 2:40 TNazzaa y2:40 AEE > oF | 4 S , Standard AccidentInsurance 840 West San Bruno Avenue Cry hte wo t Aa,ted Nenntaam?e, i iy : iP a a4 Agegat racyzSeey * ylYe of DisabilityDisability insured we Armstrong Cork sae a oBletds Bees.Bee AT a enclose enclose, duplicate duplicate Standard Standard AAcccidcenitdent Company daring office 1953 Similar photostatsphotostats for the years 1952 to The Travelers Oakland which which three years years in question 1953 mdmd 19541954 havehave beenbeen insured ArmstrongArmstrong Cork ee trulyyours g taah t t oat Wes age BHP San Francisco oweman. wemr gritaewn WSR Ghent, atom, he IoLEUDT ePT, cb OG Ee abe ayPet eAy SE rhage PAIL,SR IIR she RAL Cp Sah AS SRI RA) OER WHEL Go 2G LPR Pete ee thbertson. of eet a ma2 LarSy s i : wl ie Pall TEN ON ite fas. sat valaan: 4 oe daa sui A5681a28e1768697 A5681281768697A5681281768697 A5681281768697 mea An; ga os ey 2yeres erate etercaeecea aatierie : e re 2 ee ape Fee ee es eto a oa sthwae i rl be m at e raul eo C i et a3 re e eRe 7 5 cetPy<a 3 eed stuf gS aa |: aes fe* tava Za a i 4 pr fe rian eat i ee ees an To gh cir SE Wye ariat * 1 aene we ; eee fad ee = oy 4 e alae gai ALE m ny pret ae ea@eala heaters A ite Han eee a aah Sail he = ea r : newsqaae=I beeenee Lam Ly ad v Sara es j Oe | a ees al '. hasad FY | Aaah Roxie . ae cal as{heisaeteeed ahs 4 nd ie rreranarenab (a ores =omKera Bee | Bietee iezeml Caecicea oFtiaet, i Phe pee ashe ens gree aed Beret. eae oh seeenene sie SS sie Ca ; ae hr . ae ne Lipherm a ny agee t m Li auik Ske i od Neg rag becreaareg BLP a ^' Mia pre CAMA x i us ay ud ik : nen Ean fs ae Pair ha boocca ore yee are var vai ae rant Nana ante tt malthe fH w he sao Sneleweneeae eT ek Ba eft *, aN raaae ore a woe hal 4x: 2, gt ie ee ene ; shes 4 wee Bn te ae , aes ee te : re i we ak a } POvLLe tenia sgutucd is ae oe enaataake t. Lee anaae P P Hea P ea " So ea Panta ; a] ein oe 11A 11 PY a voy, a PR game ok - Are ere ae 7 ese a ec cea ee a Fo WoAarb kWorkdied sie Work Work 4 eeErion te oe ieBe is pageesrtes ifFee Atte rt H f igPe avaht tinws rie Ipaea nS :te~- wea ot fiat Ley SG ete: r er 4 $e RATT AG Ly, te eee Re ae a " ed tS eee okye th gw TS Loic te -# bh i bai! ; hae fer y: ln eal relaAPS eee iy % fe 9 apof kay BBen,Aianacek were Te: wot : : i a cet is, poeagit ys : *P os wtey feat ie doce tecatbtake! ical : a as pers a ine ms sein ry Sutid i ad Bebe Decal a HB ari ae * Sed bos x i ay we tee ws oaesr aheeagmE At rh a } f - ho . : SEF Taner eee: ib be . 4 4 a _ et fe a ec . ae ) at Tat sacl - e- * Hy tire: } Wd bai ware aia boiaal Col Fs warty | re wteae) a coat Wl 8 pitt +h toe: me Te ; ey Fadl Blam ene oe peeeda caer a . ecosdes oad : re newe ae 6 ae Or eho ers ar| whee . gnd s neg DUCTIONIL.oe OK ese re Spey LATE DUCTIONI DUCTIONI DUCTIONI Far t ey a some i ae at - ar paslegel el ried Be Tey. i ek! ul: steals 4 up : We et at lates mene HSER! Ay, tse ie = k ae aie 4 i it 5 3 gE Bar: a S core at; a ae? Biel FES_* Ries b LS Bos EI vadee Reeii Bra3e VEZAa3 ds icltegs Fat this a , cer reat f a piel nS Sat ees a oes hiach we ee neeaa anae i eager ee Wide wes fees roa sea evegh or Vaan er a a Ee Brea ye canes Hane | SO _eT ct eela0 Nr4 pcre 4B, aa ow aaa | rae BAe Ae EEN ED Pree oa ew Piniopm Tye oP OP de OE ed 1 PERRIN an nL eulnens TN OTHE TT puomiota EAOOG o-uteer 2! suP ae l 22 Street aoe adStreet Street , mre > puomiota re 9 puomita Tes A puomiota puomiota 8 puomiota Ce a, we5. a arate $i cesoe eehe fe lel aake.23 raeSeiSore Peery-rane aiineor faneeict ss bell FS ot mayne i my sy)aie! ri de res * WW " ao 2 may x aloes oss 4, . ; py MEU lid Rio ab i Baie OS Md ettvar nny ale ee Ba ee aleae ed peires |. Outhbertson Robert Robert Robert . oy Wey atic ci o re ig 8 OR an Pee! pet z wet Faphs Pe fy naeceento faa pat mmfi cal an ome nan. eet wasreche it Ne " poms nf? rte - Tene wh Lbaed Hy he ttt EE s ae Ce te Besa a ohteseatshalstaan b | ina ih aie is rs Licensing ats, HTD PREZ saymel =ri) t* PREZ =vale, oa asiieaies =. ts at> et, 43 aeSe bk a=a feet eoEa eeeLeoeq fAaXte: + ot Tg. a ee & 3 ; fr ; 5s en Bees ee esas Baa' vce f AA in | | 7 et headsaps ike i 3 Seon A. sa | LD + Yom fates eis Tet yy me eae re i . : Bt p peaks ee dh EE ie as [iam| | - rr i ape core i? ae Gx La q ut ty a Ae tal fe et a cat ola wy = pe peaelse Tact Biabaea Baeiv Me i 4 vy Fi Ug a eT Res oF & + , Me i : a i uae erates att : pace bine aX rh uew t rane: ! a oy ara Bay, i Oda M pealato Richmond Richmond a drtd,ehy Ss "5 (FEY i a - Bad et . ~ < 5 s & Ey, 1 - war bad 3 om As a. + 7 mF: Z Pa 2 Be. 4 Gay Ta Bs a we Ss rs7 BS * Ee. < eo: oF a= *ay. Ne, . 7 oeEielsie|ISeiB|2 g 8 gh : 14343 Coverer * 4 ae lt DEDUCTIONE frog MPLOYER ..~ ? > F oS raleeto- aas Ma Nes * an ha . day a * 7 ane c 4 Ea % reCni 3 LS : 2 pacdeg 2 = TEP He EATVaee Tw |FAos idtedoyars eth aSos:qt4.a alte eT rea e noat . 2 Presoe s bes an ian Fy OShe. ty a > aha arara ert Bx a et aoa ar? 5 y Fes Mg aia og at -2 oy 3 LS Badd heh . aba . - A 4 rr is eae ; af tha wth re Pavia 5 4 a "e \ . ae ice She Sa: EZ Beary edGea glee | aes aeas Ae oa* CLAIM DEPARTMENT J. A. JOHNS Claim Manager ~ TheTravelers Insurance Company The Travelers Indemnity Indemnity Company July 21 1959 BRANCH OFFICE 1956 Webster Street OAKLAND 12 CALIFORNIACALIFORNIA TelTeelepphhoonene Templebar 2-8220-08200 Armstrong Cork 304 Shaw Road San Francisco Company California 8972691 Re Robert F. Cuthbertson Armstrong Cork Co. a 7-14-54 Gentlemen indicating all inclusive dates Please submit a statement in quadruplicate his salary by the hourly wage and gross of Mr. Cuthbertson's employment hired as a regular or temporary for the years 1953 and 1954 whether he was and a brief resume of his duties whether his duties what degree whether employee his job title and is so to him into contact with asbestos deleterious borroungohtthe was exposed to other materioaflstiwmheichanmdigihft shoavethea nature of the effect upon the lungs over a period and whether or not Mr. Cuthbertson substance and the degree of exposure to deleterious substances ever made any complaint with respoefctaltloegeexdpoesxuproesure or alleged ill ness as a result Please forward the original and two OcaokpliaensddiCraelctiftowiou tr h and Brophy 1540 San Pablo Avenue attorneys Hanna the third carbon copy to this office with our counsel is earnestly Your prompt and complete cooperation the Industrial Accident this matter is set for a hearing before as solicited ommission on August 13 1959 Very truly yours , NHAJJ cc Hanna & Brophy Oakland N. H. Abreu Adjuster S fo , Hoffer NTER OFFICE COMMUNICATION COMMUNICATION To From J. E. Zeller Lancaster J. S. Taylor San Francisco Subject Robert F. Cuthbertson Request for information information information July 22 mstrong CONTRACTING 1959 . Enclosed are duplicate copies dated July 21st which is self of Travelers explanatory Insurance letter that this will be handled by the It is our understanding Insurance Department If we can be Armstrong Cork Company's let us know of any further help please DJM J. G. Murphy Sacramento to Armstrong Cork ; P.S. Please forward the original copy Company for their action FORM 31501 1-59 Lon Lon Lon Lon fibers M Thes Th Thes es fed ; including including including asbestos asbestos fetts magn are almost degreofe exposes monoterable monoterable noticable conce eae MSL gow thee Pyeei art , aenas Pr eS4daf qs Cae San Pablo Avenue ~ LeaARetea We ew Baye gn AY. me - he n jot s ye a8 The Oakland office officeoffice the recordrecord of Robert F. Cuthbertson number , in part cork covering, reinforced with with asbestos fibersfibers mineral filler filler and slag mineralmineralmineral basic different of asbestaosbesstos felts different basic materials a Weedrage beAY ARMSTRONG 4), arte? Rey ee easyawe Zeller S. Taylor . TravelersTravelers adjuster at ae re aS & te he % re i ae Fo Y bla. aeraore at neh ae teh! te See rig at raeweHaye Fe informatigone : accumulating accumulating CuthbertsonCuthbertson for the years a ay the claim ofof Robert F. Cuthbertson * att. longer than estimated Francisco Francisco differentdiferent departments -5355 we believe information information possible possible yahvi i reel . 420 Market San FranciscoFrancisco AC San Francisco ; Francisco AC Lancaster Lancaster Lancaster tis cmanpa si ie 4 re Says fag a nt t Be Be rt Re oy ae Ey RE . P : 3 ce ate + Benoe meaehewis,vi mets reied Vanee 7 eieot auf ics aa cs A es ug ME vary A: ff eewet a a hay Be esce 4629946299 on 270.69X270.69 Gogh: Sa Re Kiee Cahill ; Beer Beer vo" ee yu oMaboing on baliemeying . eae 5 4 aea Ae Es Cota A> i , i. |aan 5 a ey, oh 4 SS See yin oe ABS tas : 7 P . pers eyhs ea aed raat oe ak Ue Stee Aas are yo! a an % hiees We & watci vj 3 ee 50h. BD Com geri r a ai i HP ae . atts: tad ig Stag 15 Birk ae See arr wig aegis ; : ah Mah Coes veabhs ; a so a or rh a 4 he ay ern a4 ots We Au oA . bet oa ie ee : foes Yad ES aa ae StateLas it fais an Side i ae i" iat Tad tlk & , pom 5 i A Pes % 10ge2 age GF ee UATE et,> eee *, Md hee y Saat a>y.e > .i a 5 SP vt ins Tabet s, nares 9 PS Tits yard ptt yy Sink "A oe AE ale on srgiee ee pena oir, ef SP ke hee f8 ree Pear B 4 . BEAUDRY 420 MARKET STREET & WILSON WILSON INSURANCE ADJUSTORS SAN FRANCISCO 11. CALIFORNIA EXBROOK 17 August 3 1959 The Armstrong Cork Company Lancaster Pennsylvania Attn R. C. Schiedt Jr. Insurance Dept. ane 5 otaat a RE Robert F. Cuthbertson vs. Armstrong Cork Company Our File 59-199 Gentlemen We have been assigned to do some investigation work on the above case by Mr. Ivan Schwab of Hanna & Brophy's office who are handling the hearing before the Industrial Accident Commission for the Traveler's and Standard Accident Insurance Companies This case has been set for August 13 1959 mailed mailed In order for us to complete our investigation it is necessary that we obtain to the some information from you and also a letter Industrial Accident Commission in the event which can be submitted we are unable to pre- Contracting pare the case in time The information we require is the name and number of each job Mr. Cuthbertson was employed upon during the period September 23 1950 to July 17 1954. With this job name and number we can then obtain the necessary information from your local office Armstrong and which will enable us to determine what type of materials Supply Company were used and handled by Mr. Cuthbertson As you trying know Mr. Cuthbertson has filed a claim to determine the amount of materials he and the amount not containing asbestos for asbestoses We are handled containing asbestos The above information as to the name and number of the job should be sent directly to us as soon as possible In the meantime we would appreciate your writing a letter direct to Mr. Ivan Schwab Attorney Hanna & Brophy 1540 San Pablo Avenue Oakland California stating that there will be some delay in developing the information in this case Please include in your letter the reasons for this delay i.e. distance involved and inaccessability of the records - 2 - then use this letter at the time of the hearing on Mr. Schwab can of time and another hearing in the 1959 to request an extension and is not completed Thank you for your courteous investigation reply in this matter August 13 event our prompt Cordially yours BEAUDRY & WILSON REB ms Richard E. By Roeae, Hen os receive did not receive copy of ' TheFrma o x and worksheets containing theBeaudry&Wilsonletter have only been those contracts on by R. Boardman Controller's Department then information is not entere contract Where the particular files Thought perhaps your fil completcoemplete SaoVien couldeaercgels JOJHOHN N H. AANNKKE ELLEE Oakland August ReRfefeereeree 13 1959 ! i CUTHBERTSON ~- 59 OAK 1053 Injury Asbestosis REPORT OF REFEREE The employee an insulator born May contracted asbestosis as a result of has been paid 4 1928 claims his employment to have Nothing ISSUES 1. rinim rinim 4. 5 Injury Medical Statute of limitations Lack of notice and prejudice Jurisdiction -- maritime APPLICANT testified in substance as follows He obtained the employment records from the union and the employers In July of 1947 he started to work for the Plant Asbestos Company and worked through January of 1948. The period of employment was about seven months He worked on ships for this employer and cork was used for insulation He worked for J. T. Thorpe from May to December 1948 applying asbestos insulation one job in Tracey and one Hunter's Point a power house at PGRE He cut and fitted asbestos material and used wire and mud in the application This work went through January of 1949. The places where he worked were enclosed and there would be dust there Others were on the job He then worked for the Western Asbestos Company from January 1949 to May of 1949. On that job there was also some insulation of asbestos material for FCSE and also for the Union Oil Company - Then he worked again for J. T. Thorpe from Hay 11th through August 10 The 1949. This work included Fibreboard Products work was all in an enclosed area It was hot at Antioch and dusty and there was dust from asbestos material From August 11 1949 through February 1950 he worked for Plant Asbestos and the work was at Fibreboard Products at Antioch The work was thecamae nd the conditions the same oS Free March 13 1950 to August 3 1950 he worked for the Western ASR 13 on & St power house at Hoes Landing This was . **** *** * asbestos insulation and it was in enclosed and dusty places the dusty worked September This was On August 20 1950 to 3 Asbestos at Galland Laundry 1950 he job again worked very for and Company From September 13 Armstrong Cork 1950 1954 ttoo JulyJuly 17 1954 he wwoorkrekded the ffoorr There were about balance and he worked at nine months at the PE plant Travis Air Force Base most of in Antioch the two months time Also he worked in this period at Regal Pale for in 1950 of the where were smaller jobs duringthtehyis insulation during during used cork this this ini terval nterval interval interval interval interval ThT e he PG PG & and there power ppowerower house job job job other was very hot hot and and Cuthbertson > 2 he worked for Plant Asbestos Company which was all asbestos work at various schools and he worked continually for Plant Asbestos through December 1958 except when he was off on account of a leg injury in 1957. The work all asbestos work mostly in boiler rooms and close quarters He saw Dr. Crenshaw on July 29 1958 on reference from Dr. Lawrence his family doctor He had seen Dr. Lawrence two or three weeks before and he did have pneumonia in February 1958 He had surgery at Richmond Hospital on August 3 1958 and he was advised by Br Crenshaw following the surgery that his condition worked through August 10 1958 and was due to his work He had and he returned to work at Plant Asbestos was off three months on November 4 1958 Before his surgery there were no masks worn on the job He is the same type of insulation work now but wears a mask when on the job continuously He has slowed down physically and he hurts all the time doing He he did did not work on the Burgermeister Brewery for Armstrong but work at Napa State Hospital for Armstrong That was asbestos insulation work and living quarters all underneath the building He did not use wool felt there He recalls working at the State Employment Building for about a week insulating the storage tank in San Francisco He does not remember doing the but he could have been on that job at job Borden's Dairy in Cakland He worked in a radio transmission station between Davis and Winter one day He did not work on the Camp Beale job He worked at a refinery in Rodeo two weeks or so in tunnels under the highway ; insulating The Travis Air Force Base job took nearly two years some wool felt used on that job but mostly asbestos There was He believes that McKeesby and Madison were the manufacturers of the asbestos pipe covering and it is known as magnesia pipe covering eighty per cent magnesium They use some Fibreglass and up 1953 or 1954 he Maneville products does not remember On heating pipes if they used any they generally use cn. asbestos pipe covering has twin brother He a twin named Jack and he worked with his brother ae knew his brother brother * te a and they were inceparable He 7 brother ** * check 2 oi check At Dr. sesoeo y at the binds of Dr. Crenshawand had Thompson his after his second operation in 1954. At tt hhaatt t tiimeme Thompson had ra ry as ys taken He did go go to to Dr. Thompson to if there was any danger about his having asbestosis to went or were taken threethree ; times times times He He is not not sure when when the the second rays When he had Dr. Brown Rihcehmponnedumonia He taken at Richmond Hospital informed Dr. Brown Brown of his brother Dr. not inform Brown | of Dr. Thompson pneumonia he he changed to Dr. tightness of the chest at that time Brown When he firstfirst saw and pain hadhad rays He pneumonia for He He Brown the the had lung trouble but previous previous previous previous check ups check he had at he did -3 the hands ae ~ Ye that |: It was after he got out of the hospital from his own surgery hospital Dr. Crenshaw told him he had asbestosis Cuthbertson - 3 of He informed the Plant Asbestos Companythat he wasgoing to the hospital bills and He believes that Blue some of Dr. Crenshaw's Cross bill paid most the medical He paid about 50 in hospital bills He drew unemployment time he was off and disability benefits at$50 he also received 12 a day the a week all the hospitalization for hospitalization He Inow that his brother Jack had a proceeding before the Industrial Accident Commission He understands that diatomaceous earth is the same as asbestos When he saw Dr. Thompson for a chest check he had no pains At that time he was working for Armstrong Cork Thompson told him everything looked all right chest Br In May or June 1958 he began having chest complaints He year stopped smoking on the advice of with shortness of breath last he returned towork in November Dr. Crenshaw He was off 1958 and then He was a week he was troubled after off another week because of his chest The eighty per cent magnesium pipe covering that they used is manufactured by Pabco They always use Pabco materials He did not lose any time before August of 1958 because of his chest He did recently February to also worked in some not have pneumonia work on a job old buildings for Plant before 1958. because they did not Asbestos He He did refuse have a blow fan He is still under Er Crenshaw's care His present complaints are in effect that he has slowed down he has some pain he cannot sleep as well and it is hard to work He J. to It has been a foreman since 1954 cn Was T. Thorpe was all block work and that worse in dust This was made by was eighty Pabco per cent magnesium respect pipe covering a but does 1949 He has covered all the employers for not remember allthe odd jobs -e o ws hich he worked LP ae | brother gs * llevorked along withhis brother from 1949 all he nr along through of1950 He Be258 |ao 10 EL Oi, uo ee oe Pass .z ee ae an to the Harina Peter vas to rehine 177 ta sa 64 team / did andte perhaps not have a history of having would get one or two a year a lot of colds [a his bout with pneumonia perhaps ho was in Richmond about six weeks after Hospital about three He felt fairly good weeks and stayed home that otrhe He cannot pinpoint was either in May time when his chest June of 1958. He got in July pain developed so bad he saw a It doctor It can be very dusty the job as they went always cause dust then they cut asbestos along and the pounding They cut it on and fittingwould me oO @ Cuthbertson 4 OAKLAND October 22 1959 RICHARD E. BEAUDRY called by the Defendants Travelers Insurance Company and as follows He is an Standard Accident testified in independent insurance adjuster substance He reviewed the job records on which the applicant worked between 1950 and 1954 at the Armstrong Cork office He worked with J. S. Taylor the plant manager A tabulation sponse to a letter of August under the column Materials was made in the 3 1959 Defts was made as the home office in re- Ex 5 The informati result of his inves- tigation of the umn Materials obtainable stated the contracts The percentage amount of material used on in this the job coland not their content The initials MPC stood for magnesium pipe covering EG for fibreglass Where there is a dash in the materi column the contract could not be found He made a special study o the job at Travis Air Force Base These were marked as indicated b the X's This tabulation supposedly covers all of applicant's em ployment with Armstrong Cork VICTOR SAGUES was called by the Defendants Travelers Insurance Company and Standard Accident and testified in substance as follows He is the president of the Sacomo Manufacturing Compan They manufacture has had 25 years pipe insulation pump packings and of experience He started in 1934 the like He with the Plant Rubber & Asbestos Company and worked with them until April 1 1948 when their factory was bought by Sacomo Manufacturing Company The manufacture wool felt insulation They obtain their materials from other manufacturers They use crepe wool felt which is laminated and then covered by asbestos paper This is then covered with musl the muslin will overlap about one and half inches at one en of a 36 inch section Wool felt is about 30 rag base and 50 to 6 wood pulp of the kraft stock Next to the pipe there is a water- . * proof liner The asbestos paper is a six pound asbestos paper and is filled within the wool felt paper for a three inch thick wal 13 to 14 layers of wool felt are used This is the standard wall They will have smaller and larger walls on the insulation The asbestos paper is 40 to 50 asbestos fibre The balance is wood pulp and Kraft stock There are fillers and sizing to give the stiffness In the manufacture of air cell insulation they use a six pound asbestos which is corrugated and then four layers are 7 Lowe Adhesive used is silicate laminated sostines sostines to one water glann eo, oda sotines sostines sotines to water glann This is also wrapped longtha an inch and wrap ed with **** **** noin noin noin noin inch with 36 **** used ae **** weer Page oo noin ae hot used cold ice ee ee **** **** ********** *****I***n ** fation Infation is on generally water vette ad ********** ********** ******************** akg ********** Seas ts ********** ********** Bei eksa oaee aw SESE BS Stk otwah St Apps 2 Re sSeyt en c a aa e rtke eae ME a Ba ie EOE, ae shige : on cold cold ** eer, 5 Ne BES he Soe: aanBmeee i ed deaie 2 a le Ae ae Ewe 7 ut Bec Sele wee ey Fe els ee faa ee cee: peAEtS hSS4 4 gh ae *% Re . e ee. date pW teg e ee Ot O 2-h : SeSAer einctaee Le liar with the a Mfi PChgt he Ge La Fart liar with the 803 803 Cuthbertson - 5 Company of Plant PAUL NIETO called by Defendant testified in substance as follows Industrial Indemnity He is vice president Asbestos He has been with them for 12 years He knows Cuthbertson and has known him for the last six years with the over materials used by the company They He use is fami 85 magnesium pipe covering fibreglass and wool felt They also use foam glass cork and air cell covering He does not know the breakdown or content of 85 magnesium pipe covering but there is certain amount of asbestos material The asbestos materials would be adhesives and cements The last two years they primarily would be fibreglass materials Five or six years ago Cuthbertson worked under his direct supervision He then had no lung complaints He had heard that Jack Cuthbertson the applicant's brother had 1 trouble and that the applicant was troubled and worried They do not manufacture the pipe covering but they buy most of it from Pab They use 85 magnesium powder cement which they mised with water in the work GERALD CRENSHAW M.D. testified in behalf of the appl in substance as follows He is duly licensed to practice medicine in the State of California His specialty is diseases of the ches Asbestosis caused the applicant's disability as it caused an impro bronchial drainage A piece of lung taken out at the lobectomy indicated the presence of asbestos fibres The applicant was still under his care His various employments were the only place where he could have gotten asbestos in his lungs and he will need observation for some period of time He first saw the applicant July 29 1958. He never to complete a complete work history but he had a history of recurrent attacks of pneumonia previously last year There were rays taken in October 1953 November 1954 and March 1955. He can not tell if he had all those rays but he attempted to get them He does not remember if he reviewed the reports at Herrick Hospital The rays taken at the Richmond Hospital on August 15 1958. A a ive. bronchoscopy was made on August 13 1958. He certainly saw an ray report before the operation The rays show an infiltration but they did not demonstrate what the infiltration was He submit the lung tissue to the pathologist at the Richmond Hospital and received a report as indicated in the hospital record A specimen _ then sent to the laboratory of the State Department of Health He received a written report from the State laboratobruy t he recaenived received oral report from Dr. Singman a pathologist ~ woke SO Per recalled nghs Crenshaw follows 2 ve in dob ***** ***** follows The ge Puaget daa ************* ett L ESA ***** ome ***** ee Pee follf owsol T lo h wse ************* ************* in the afternoon and testif applicantapplicant returned to work He generally come him once a , Hemant bse iy generally brain come Hemant Hemant ****************** pide. ************* ************* ************* ************* ************* ************* ************* ********* ********* ************* brain and antibioti *****Astfelt Pobrus oe eee 17. 17. ***** ***** ***** ***** ** ** 4 ** ** , Astfelt Astfelt Astfelt Astfelt throat ** 1999 Also ecause treated there his was Se io sie aati Sr 1989 b pada 100 degree was getting over the infection pada ise)" SERESS were prescribed degree degree temperature and further anti- gO experience is asbestosi This the third asbestosis asbestosis experience Othercaces were that case that he has had in hi asbestosis Thorsted Thorsted Their employment record was applicsimailnart'sto brbortohtehrer and a MMrr. . was identical in fact Cuthbertson's work history was identical identical identical that identical of Cuthberts ^' Cuthbertson - 6 The biopsy major surgery and was diagnostic He did not feel that fibreglass had a great effect Recent surgery indicates that it should be avoided He told the applicant that he b asbestosis right after the the function of the lung surgery Asbestos within the lung impair Elastic fibres of the lung are affected DAVID SINGMAN M.D. called by the Defendant Travelers Insurance and Standard Accident testified in substance as follows He is duly licensed to practice medicine in the State of California His specialty is pathology He does the pathology at Richmond Hospital He received the specimen indicated by the hospital re- port He does not know the exact number of actual specimens He submitted specimens to the State Department of Health on December 8 1958 at the request of Dr. Crenshaw He brought them up to the Department of Health himself He also received the report of A.A. Soave a doctor of veterinary medicine He was then called to Sacramento where they had special ray diffraction apparatus and the quantity as indicated of by formed asbestos was even demonstrated the report of the State Department of in the tissue Health It follows therefore that there was asbestos in the lungs t but not enough to show in ordinary ray technique He can not tell from the repo as to the quantities of materials found He called Dr. Crenshaw when he received the report but he can not recall if he sent copies of the state report to Dr. Crenshaw but he usually does If Dr. Crenshaw did not get a written copy of the report the fault was that of the witness He himself did not see any abnormality of the bronchii if it is not in his report Dr. Crensha was unhappy with his first pathological report because Dr. Crenshaw had expected to find asbestos and therefore suggested that it be sent to the State Fibrosis is usually found in asbestosis cases as is usual seen Most in silicosis cases and generally of the noxious agents that affect , the the particles lung will can be cause fibrosis ROBERT CUTHBERTSON recalled and testified in his own behalf as follows He did not work at the Pacific Coast Portland on Cement plant on May 11 1952 nor on the Walnut Creek School on June 29 1952 nor at Camp Beale May 3 1953 It was the prac- tice of the company to shift the payroll records to another job when there was a loss on a job from which the payroll Report was submitte He He recalls all the jobs is not a cork man so in he the tabulation except does not use too much the three cork He he mentio believes that he just used cork for about a week in his employment with Arm- * Ltei- oe aa f aged report of Cabot C8 aged examinavars served and riled the On On ER December On notical -ofep Me wa tt mene a Fp He fe, ore Be gk SE the the 3Budas vas ahvas va oF so oe +, wt fF om Brow He Deg SS SP. Mare. It would appear that the report of Dr. Brown resolvos any apparent medical conflict heretofore existing in this case Dr. Brown concluded that the applicant does not have asbestosis Therefore a donial must issue JHA afs JOHN H. ANKELE Referee _ ROBERT F. CUTHBERTSON ee vs. | PLANT ASBESTOS - et al COMPANY December . . Leng _ _ CASE ; NO 59 OAK 1053 so el. 1960_ REPORT OF PANELONE 7 ae | Basedupon thereport dated March 30 1960 by Dr.Shipman Independent Medical Examiner it is the conclusion of the Panel that applicant did not sustain injurinyjury arising out that of his employments from July 1947 through December 1958 The Panel further concludes the disability complained of by applicant was not caused by any injury arising out of and occurring in the course of his employments Decision After Reconsideration should accordingly issue -- 2 : .I -NDUSTRIAL ACCIDENT COMMISSION >. OF THE STATE OF CALIFORNIA =, oo ELTON C. LAWLESS| Commissioners Lape ~ 2 (tse re Y, : : ; : . ~ - - | <l BEFORE THEINDUSTRIAL ACCIDENT COMMISSIONOF THE a STATE OF CALIFO 2 oeCASE NO59OAK 1053 : rie Fae ees RECONSIDERATION ASBESTOS ye AFTER COMPANY PLANT 6 WESTERN ASBESTOS COMPANY . S30 7% 6. |THORPE Panny 7 J. T aN Ss: 2. TRAVELERS INSURANCE: ARMSTRONG INDUSTRIAL 8 8 COMPANY PACIFIC EMPLOYERS INDEMNITY wer INSURANCE COMPANY STANDARDand 7: Ss 9o[ ACCIDENT INSURANCE COMPANY and : Commission COMPENSATIION NSURANCE COMPENSATION FUND STATE COMPENSATION we Pam . oe Defendants 10 Tae? -- 0. wo 4a Ces yt : a > State of California Defendants IndustrialAteldentCalifornia oe a oo ares oe eB | 14 examination bytheIndepen3 dent Medical. " whole record as 15 " | as a te proceedings wei Commission this boy not essential essential> 1 proceedings essential 16 are not Examiner as well as the nowconcflaudd,es tthat hat further - 19 22 21 | | -IT IS ORDERED that the Findingsand Order filedhere December 15 1959 be and the samehereby isaffirmed andadop as the Decision After Reconsideration tme 7 ~ a ~~ ae arrears _& a INDUSTRIAL ACCIDENT COMMISSION noeae ne F.A. LAWRENCE ~ a8 ae Lan . . . Lee : we wry : - , we. . aw a, FORM 297 21529 6-60 150M SPO 7 - SSRI Re RE ee rere See Pe RPE ee WN SE aaMtTS a RY - . - - i - . -. ' ? . re eadcaymere eroesA6y we es t woe oe Commissioners . e . ~ ~ ae 4 a: x 4 : oh : INTER OFFICE COMMUNICATION ] THETHE To J. Zeller Lancaster ce From J. S. Taylor San Francisco Subject Notice of Findings & Order ~ IndustrialAccident Commision of the State of California Robert F. Cuthbertson ; Armstrong Decemb5e511//55r//6600 1959 Armstrong : ee _ ne : Ba | resulting findings F Pe pertaining Wo to ALD, Asbestosis es ee, Enclosed Cuthbertson Cuthbertson _ an vs. and order from the claimof various claim CR local my insulation contractors pertaining a ree a oo Pade! eof y . . oc Robert tox - earlier received YouYouwill recall in the - yearwe from the . Armstrong ey ' Cork Company a detailed listing of employment employment of this applicant 2 v3?". with the request that we substantuate the products used him aplicant Richard Richard same report during his tenurer of employment and Fa | Rs to Mr. s E. Beaudry Insurance Insurance Adjustor employment ns, I assume youwill want to notify tth heeCorCkoCr omkpanCyo ofmtp hita hsisnffiiny dinngsdaiynBgSs. oe and order Cote ke Sta 1 2 3 4 10 6 7 00 9 10 11 FILED AND SERVED On all parties of R.Crowley 19 155199 59 BEFORE THE INDUSTRIAL ACCIDENT CLAIM NO COMMISSION OAK 1053 OF THE STATE OF CALIFORN ) ROBERT F. CUTHBERTSON Applicant ) ) VS. ASBESTOS COMPANY J. T. THORPE ) PLANT COMPANY ARMSTRONG WESTERN ASBESTOS COMPANY ) CORK TRAVELERS INSURANCE INDUSTRIAL INDEMNITY COMPANY COMPANY 1 PACIFIC EMPLOYERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE FUND ) and STATE COMPENSATION INSURANCE | Defendants ) FINDINGS AND ORDER 3 14 having been regularly submit The above entitled matter before John H. Ankele Referee said Referee now makes his decis = as follows FINDINGS OF FACT- 1 The applicant was employed by the various employer above named from July 1947 that he sustained an injury through arising December 1958 and alleges out of and occurring in the arising course of his 2. or occurring consisting of asbestosis said employments Applicant did not sustain any injury from in the course of his employments July out 1947 t . applicanit oe December 1958 tae a disability of which complains was n 3. The injury arising out all caused or caused at by any proximately or by his emplo employments or occurring in the course of his ORDER that applicant take nothing by IT IS HEREBY ORDERED reason of his claim asserted in this proceeding JOHN H. ANKELE REFEREE INDUSTRIAL ACCIDENT COMMISS