Document nmxqo3JeyMx8aBpD1m7gj7Ndz
FILE NAME: Contract Unit Workers Comp Claims (WCC)
DATE: 1958
DOC#: WCC017
DOCUMENT DESCRIPTION: Workers Comp File - Streithorst, L J Contains all documents found in the Claimant's file, with one blank page between each separate document
Cape File Inspection?* at the California Workmen's Comp Appeals Board, San Francisco Office
Despite my urgent expressions on the phone and in writing to Judge Gately, the request was needlessly delayed sitting on someone's desk for a week before it was approved. They have asked that the various field offices involved request that Archives (Sacramento) send the old case files all to SF Office. However, the only files that have come in were 2 handled by SF originally. These are cases off the Armstrong list, and they were both pipe coverers.
Streithorst was disabled with asbestosis, though since he was 70 it was in dispute whether he was so much worse off than most men that age. He died of stomach cancer. Defendants included Armstrong and Phillip Carey. Relevant parts of the claim file were copied by a copying service and are being sent to'my place: claim form, notices of hearings, correspondence involving defendants Carey and Armstrong.
Swartout was totally disabled with asbewtosis and died from cor pul monale. Defendants included Armstrong, J-M, and Mundet Cork. An award was declared in March of 1958 which appears to have been as sessed to Western Asbestos Co. in California. The award was upheld after "Reconsideration", whereupon Western petitioned for reapportion ment of costs among the other defendants. Among other tilings, this brought forth a letter of objection from the law firm representing the insurance carriers for J-M and Armstrong Cork, These firms' de fense was that their employment of Mr. Swartout "was either outside the State of California, under contracts of hire not made in Califor nia, or involved the use of insulation materials other than asbestos." They go on to recount that the man was employed in PA, GA (under a contract made in SC), and Indiana -- but not CA -- by J-M. They note that Swartout was employed by Armstrong in CA on. a refrigeration job involving cork insulation, and worked for Armstrong on another job in Alaska under contract through the Asbestos workers union. Several other defendants also objected to reapportionment of expenses, and the matter was dropped. The objection from J-M and Armstrong's lawyers seems to admit that asbestos insulation work killed Me. Swartout.
Judge Gately was kind enough to let me make a few copies from the Swar tout file, though the usual charge is 50^ per copy. The copying ser vice charges about 20^ per copy. Gately is retiring to get work with an insurance firm in May, and the best person to contact there is Evelyn Kanada. She understands why we are doing this research, and is knowledgable about how the records are kept.
My Bay Area contact on this is an investigative reporter named David
Weir. He was with me for 2 hours at the comp board office and we went
through tVie. case files together, so he.could sec what to take note of. ,
Dave will receive notice when the other files arrive, and he will go
tiirough them and arrange to have relevant parts copied and sent to me.
The case files are typically an inch thick, sometimes more, so this ir
a time-consuming assay. I agreed to pay ftlO/hr for this work, (///if
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M-DATE OF
TIME OF
A.M. LOSTTIME
ACCIDENT 6-21-59 -INJURY SUSTAINED
ACCIDENT
P.M,
PRIOR ACCIOENTS
Asbestosis
tO-PARTOP BODY INJURED
EXTENT OF INJURY
Chest
12-AGENCY
13-AGENCY PART
YEARS CMPLOYEO
6-OEPT, -----------
OATE CASE CLOSED
14-UNSAPE MECHANICAL CONDITION
15-TYPEOF ACCIDENT
17-UNSAFE ACT
10-UNSAFE PEPSONAL FACTOR
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