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FILE NAME JT Thorpe & Sons JTT DATE 1955-1959 DOC JTT003 DOCUMENT DESCRIPTION WC Claim - Swartout  COMMISSION OFFICESI NORTHERN FOR NORTHERN CALIFORNIA SACRAMENTO CALIFORNIA SAN FRANCISCO 965 MISSION STREET FOR SACRAMENTO COUNTY ROOM 200 631 J STREET SACRAMENTO ONLY FOR SOUTHERNCALIFORNIA 501 STATE BUILDING Los ANGELES 12 ONLY FOR SAN DIEGO COUNTY SAN DIEGO 1 STATE OF CALIFORNIA o DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING Case No.568 169-171 Filed 12-30-55 WRITE DO NOT WRITE IN THIS ENTERED IN DOCKET BY_ , - Employee's John E. Swar.tout : ; Social SecuritNoy._ 472-10-9896 Employer Employer Various Name of See attached list Insurance Carrier Employee's 3000 Merrywood Drive STREET AND NUMBER Sacramento 17 California _ Employer's California Compaines TOWN OR CITY Insurance Carrier's Address ZONE STREET AND NUMBER STATE CITY ZONE STATE John E. Swartout Employee's name over a injury Exposure _ Date of your injuryinjurytime Place where injury occurred_ California . CaliforniaCalifornia CITY AND STATE long Employee's date of birth occupation periooccupation ASBESTOS Insulation ~ ; When did you leave work as result of this injury January 6 1955 . How did injury occur Working with asbestos What part or parts ~ of your body were injured Asbestosis When did you return to work Still off Full or part time work and at what wage _* 4 Your wages or salary before deductions $ per hour or 3.15 If paid on hourly rate how many hours did you work per week Did you receive any of the following Board Yes No Lodging Yes No State their weekly value $ per week or $ -per month Tips Yes No Other advantages Yes No Only on some jobs jobs Have you been paid any compensation Yes No How much $ Weekly rate of payments MOUNTMOUNT made to Sept. 13 medical 19.55 Date when last payment was Has the employer or the insurance carrier furnished you with any medical treatment Yes No Lay Date when last treatment was given . 19- List names of all doctors who have treated you and who were furnished by the employer or insurance carrier 35.00 35.00 Dr. Have you obtained any medical treatment at your own expense Yes No \ List names of all doctors who have treated you at your own expense Fortier with Clinic at Springvale Are you claiming any of the following benefits Answer Yes or No 2 Temporary disability payment c Further medical treatment_ e List other benefits claimed and not mentioned above b Permanent Permanent disability payment_ d Cost of your medical expense Have you ever before filed a claim with this Commission Yes No If so when was it filed Yes Yes , a DATE REPRESENTATIVE OR ATTORNEY FOR APPLICANT Oakland Calif Center Bldg Swartout SIGNATURE OF APPLICANT ; 12/28 195 GLENCOURT 2-2m26 After this application has been fled with the Industrial Accident Commission the parties will be notified in writing of the time and place of hearing Either party may be insured NOTE_HEARING defendant represented in person by attorney or other ageAL after service of a of this application using the form furnished for that purpose If a employer is insured properly aimed anA d NthSe WiE omRranTchee cdarerfieenrdaisnt is expected to fiinle tahne aapnpslwiecratwiiotnhinno 1a0nsdwaeyrs need be fled by thceopeymployer as that will be done by the carrier but if the insurance carrier is not named then tar employer should notify the carrier immediately so the proper answer can be kled i DATE OF SERVICE SERVICE ON FORM 34 REV 9.83 See , 30199 1.98 SON EPO . 4 AN OFFICE6 | SACRAMENTO CALIFORNIA RANCISCO STREET 4ACRAMENTO COUNTY ONLY ROOM 200 631 J STREET SACRAMENTO _ "Fon CALIFORNIA SOUTHERN Los ANGELES ONLY 1521SAN FOURTH DIEGO COUNTY : oO . i, STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING ; - DEATH CLAIM Filed Case No. 169-171169-171 169-171 169-171 6-13-56 DO NOT WRITE IN | ENTERED IN DOCKET BY Names of Applicants Addresses of Applicants Mrs. John E.Swartout : of 3000 Merrywood Drive _ Sacr 21aCam life ornn ia tso ss Name of Employer Listed on separate sheet Address of Employer as filed December 28 1955 of InsurIa nsn urc ancee Carrier See attached list as Address of per Decemb2e8r 1955 Carrier Name of Deceased SwarE.tSwo artu out t Date of Employee's September Date of employee's injury- Employee's Asbestos worker Date of employee's May 1956 Place where injury occurred Varji obsous What work was employee doing at time of injury Asbestos insulation insulation work Was any medical or hospital expense involved Yes No Amount paid $ Who paid it Was any compensation paid to the employee after injury Yes No If so how much $ List names of all doctors who treated the employee after his injury Dr. W.B. Parkinson PorterviClallief Clinic Specialists atSprinCag liv f Di r. l C. l Webe ste Has burial expense been paid Yes No If so how much $ Dr. Robert Naspis Dr. Allan Moe List all those who claim to have been dependents of the employee at time of injury NAME IF AGE Mrs. John E. Swartout RELATIONSHIP EMPLOYEE Wife . ; ADDRESS 3000 Merrywood Drive Sacramento 21 Calif IMPORTANT any applicant is under 21 years of age it will be necessary to file Petition for Appointment of Guardian ad Litem ; Forms for this purpose may be obtained at the offices of the Industrial Accident Commission Reason for filing this application SMITH & PARRISH APPLICANTS REPRESENTATIVE OR ATTORNEY FOR Attorneys At Law Oakland ADDRESS Oakland Calif . Bldg . . GLencourt GLencourt ---- TELEPHONE NUMBER : Swartout SIGNAYURES OF APPLICANTS June 195 . HEARING After this application has been Klad with the Industrial Accident Commission the parties will be notified in writing of cha time and place of hearing Either party may be . represented in person by attorney or other agent ANSWER The defendant is expected to flo on surwer within 10 days after service of a copy of this application using the form furnished for that purpose If a defendsat employer is insured and the insurance carrier is properly named in the application no answer need be ^lod by the employer so that will be done by the curriors but if the insurnace carrier is not named then the employer should notify the carrier immediately so the proper answer can be filed DATE OF SERVICE SERVICE ON ad BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO 55 SF 169-171 6 JOHN E. SWARTOUT ce Applicant tae V8 rm 8 MUNDET CORK CORP HARRY A. DUTTON INC Cant DUTTON ASBESTOS C^ DUTTON ASBESTOS & ee 9 SUPPLY CO WESTERN ASBESTOS CO BAY CITY et el ASBESTOS CO Ltd CORK INSULATION CO 10 10 1111 12 13 1515 16 16 1818 cet COMPANY Inc WESTERN FIBROUS GLASS PRODUCTS CO ee GENERAL INSULATION & RUBBER CORPORATION ae? ARMSTRONG CORK CO JOHNS MANVILLE SALES get CORPORATION C. C. MOORE & CO J. nt THORPE & SON INC M. R. CARPENTER Matt AETNA INSURANCE COMPANY STATE COMPENSA et TION INSURANCE FUND INDUSTRIAL INDEMNI etl TY EXCHANGE INDUSTRIAL INDEMNITY COM- at? cel PANY PACIFIC INDEMNITY COMPANY LIBERTY el MUTUAL INSURANCE COMPANY EMPLOYERS MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COM- Sea PANY STANDARD ACCIDENT INSURANCE et and PACIFIC EMPLOYERS INSURANCE COMPANY nl el Defendants ORDER JOINING PARTIES DEFENDANT Mailed from San Francisco Office JUN 22 1956 Industrial Accident Commission State of California GOOD CAUSE APPEARING THEREFOR 20 2021 22 23 23 25 225 6 ,. IT IS ORDERED that the Mundet Cork Corp. Harry A. Dutton Inc Dutton Asbestos Co. Dutton Asbestos & Supply Western Asbestos Co. Bay City Asbestos Co. Ltd Cork Co. Fibrous Glass Products Co. Insulation Co. Inc Western General Insulation & Rubber Corporation Armstrong Cork Co. Johns Manville Sales Corporation C. C. Moore and Co JT Thorpe & Son Inc M. R. Carpenter Aetna Insurance Company State Compensation Insurance Fund Industrial Industrial Indemnity Ex- change Industrial Indemnity Company Pacific Indemnity Company Liberty Mutual Insurance Company EmploSytearnsdaMrudtuAaclcidIennsturaInnc-e Company Travelers Insurance Company be and Pacific Employers Insurance Company surance Company . and they are hereby joined as parties defendant 2728 29 2930 hg DATED AT SAN FRANCISCO CAUFORNIA 31 31 JUN 22 1956 32 32 - R. O. Furvis Referee ; State of California 965 Mission Street INDUSTRIAL ACCIDENT COMMISSION San Francisco Mrs. JOHN E. SWARTOUT Applicant VS MUNDET CORK CORPORATION et al JUN 26 1956 WLH { ) Claim No. 55SF 169-171 ) NOTICE OF HEARING OF APPLICATION . , ! FOR ADJUSTMENT OF CLAIM ) Defendant You are hereby notified that an application to adjust a claim for compensation a copy of which is attached hereto has been filed with the Industrial Accident Commission of the State of California You are further notified that said application has been set for hearing at Room 206 1531 Webster Oakland August 15 1956 9:00 a.m. All Morning All issues Street and that at said time and place the Industrial Accident Commission of the State of California will proceed to hear and dispose of the said application in the manner prescribed by law ' Note The parties are expectetdo submit all issues in controversy for decision at this hearing therefore all necessary witnesses evidence documents medical reports payrolls and other essential proof must be available and ready for submission at the hearing Dated INDUSTRIAL ACCIDENT COMMISSION The undersigned certifies that as an employee of the Industrial . Accident Commission she served the foregoing notice on the parties names hereinafter mentioned at the time set opposite their respective names by depositing a copy of said notice attached to a copy of the application therein mentioned in a sealed envelope in the United States mail on said day at San Francisco California with the postage thereon fully prepaid and addressed to the said parties at their last known places of business or residence as follows to wit . See attached sheet for Service - FORM new 4-56 Signature ....ce.  " a JUN 22 1956 NAMES OF PARTIES SERVED DATE OF SERVICE . Smith & Parrish Swartout 501 ) Mundet . Cork Corp. . 3000 Merrywood Drive Sacramento Calif Financial Center Bldg Oakland Calif 7101 Tonnelle Ave. North Bergen N. J. Harry A. Dutton Inc. 532 Natoma St. S.F. Calif Dutton Asbestos Co. 532 Natoma St. S.F. Calif Dutton Asbestos & Supply Co. 532 Natoma St. S.F. Calif Western Asbestos Co. 675 Townsend St. S.F. Calif Bay City Asbestos Co. Ltd. 251 - 5th Ave. Oakland Calif Cork Insulation Co. Inc. 730 - 5th Ave. Y. Western Fibrous Glass Prod Co. 739 Bryant St. S.F. Calif General Insulation & Rubber Corp. 1247 Main St. El Centro Calif Armstrong Cork Co. Lancaster Penn Johns Manville Sales Corp. 22 East 40th St. N.Y. C. C. Moore & Co. 450 Mission St. S.F. Calif J. T. Thorpe & Son Inc. 1351 Ocean Avenue Emeryville - M. R. Carpenter 907 Front St. Sacramento Calif S. R. Dutton Company Natoma St. S.F. Calif ; . Calif . . - Bay Cities Asbestos Co. 251-5th Ave. Oakland Calif Western Fiberglass Supply 739 Bryant St. S.F. Calif General Insulation Co. S.F. Calif . The Asbestos & Magnesia Materials Co. Chicago Ill Asbestos Supply Co. of Seattle Fairbanks Alaska Phillip Care Mfg Co. Cincinnati Ohio Tacoma Asbestos Co. of Tacoma Anchorage Alaska Olmen Co. of Chicago Terre Haute Indiana Manville Trenton New Jersey Insulation Services of Minn Terre Haute Indiana * ; Hunter Manufacturing Corp. of Bristol Pa Tuscon Arizona Johns Manville Pittsburg Calif Pillsbury Madison & Sutro 225 Bush St. S.F. Calif Aetna Insurance Co. 220 Montgomery St. S.F. Calif State Compensation Insurance Fund Personal Service Industrial Indemnity Exchange 155 Sensome St , S.F. Calif Industrial Indemnity Co. 350 Sansome St. S.F. Calif Pacific Indemnity Co. 114 Sansome St. S.F. Calif Liberty Mutual Insurance Co. 216 Pine St. S.F. Calif Employers Mutual Ins Co. of Wisconsin 114 Sansome St. S.F. nn Calif Travelers Ins Co. 315 Montgomery St. S.F. Calif Beandard Accident Ins Co. 417 Montgomery St. S.F. Calif Pacific Employers Ins Co. 505 Montgomery St. S.F. Calif Pacific Employers Ins Co. 3770 Piedmont Ave. Oakland Calif Keith Creede & Sedgwick 100 Bush St. S.F. Calif Leonard Hanna & Brophy 100 Eush St. S.F. Calif he LLY Ons veers _ _ Address and a notation of such service and the parties shall be served on all adverse parties or their attorneysattorneys NOTE A COPY of this Answer served must be made hereon Parties served SEE ATTACHED SHEET ea 3477 9.54 31 ' aro aoe - BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ANSWER In Re I.A.C. No. SF 169-171 - JOHN E. SWARTOUT MUNDET CORK CORP etal VS In to the application we make allegations and we raise the issues which are checked below Should other issuaenssnwoetrnow known to be proper and necessary develop later we reserve the right to raise such additional issues in accordance with the provisions of law and the rules of the Commission Employment Earnings at the time of injury Nature and extent of disability Occupation of claimant Liability for medical treatment Injury arising out of and occurring in the course of employment Statute of limitations Insurance coverage Employer has been notified to appear and defend FAILURE TO SERVE MEDICAL LACK OF NOTICE & PREJUDICE THEREBY LN ACK O NOTICE TICE THEREBY Medical reports have been served as listed in covering letter Disabilityindemnity has been paid as follows Temporary Beginning . to and including- 3 Total $ Permanent Beginning _to and including ; Total $_ We believe that the presentation of our evidence will require a minimum of Estimated number of witnesses if available @$ @ HOUR a week a week PACIFIC INDEMNITY COMPANY 4 : . L. W. LIKENS Defendant Attorneys Ae ott Attorneys for defendant : . _ 114 SANSOME STREET SAN FRANCISCO CALIF ; Address attorneys NOTE A COPY of this Answer shall be served on all adverse parties or their served must be made hereon and a notation of such service and the parties Parties served SEE ATTACHED SHEET oa FORM 38 REV 9-84 8477 0.64 3 SPO who . toad * NAMES NAMES NAMES PARTIES , DATE OF SERVICE DATE OF SERVICE Drive, Sacramento, California 3000 MRS. MRS JOHN SWARTOUT - SWARTOUT Merrywood Merrywood SMITH SMITH PARRISH SWARTOUT SWARTOUT Bldg Sacramento Sacramento California SMITH MUNDET CORK CORP 501 Financial Center North Bergen Jersey MUNDET DUTTON INC 7101 Tonnelle Avenue Jersey HARRY HARRY A. ASBESTOS CO INC 532 Natoma Street Francisco Francisco California California DUTTON DUTTON ASBESTOS ASBESTOS 532 Natoma Natoma Street San San California DUTTON DUTTON SUPPLY CO Natoma Street Francisco WESTERN WESTERN ASBESTOS CO CO 675 Townsend Townsend Townsend Street Francisco California BAY BAY CITY ASBESTOS INSULATION CO INC LTD - 251 - 5th Avenue Oakland Francisco Avenue New York California California CORK INSULATION GLASS PROD - WESTERN FIBROUS . WESTERN INSULATION El Francisco California GENERAL INSULATION RUBBER RUBBER CORP 1247 Main Street, INSULATION INSULATION Pennsylvania 1247 Centro California GENERAL ARMSTRONG ARMSTRONG CORK CO Lancaster Pennsylvania Pennsylvania Pennsylvania New York, JOHNS MANVILLMOOREE& MANVILCO LE . SALEMSisCsORP iLaoncastner Street 40th Street Yo Car lifk ornia Francisco Avenue CG, J. C. SON INC 1351 Ocean Emeryville J. THORPE THORPE & Avenue J. CARPENTER CARPENTER CARPENTER Front Street Sacramento California California M, S. CITIES COMPANY COMPANY - Natoma Street San Francisco 3, BAY ASBESTOS ASBESTOS CO 251-5th Avenue Oakland California California BAY WESTERN FIBERGLASS SUPPLY SUPPLY 739 Bryant Street Chicago Francisco California THE ASBESTOS MAGNESIA MATERIALS CO - THE ASBESTOS CO SEATTLE SEATTLE Fairbanks PHILLIP CARE SUPPLY Cincinnati Ohio TACOMA ASBESTOS ASBESTOS MFG . Anchorage Alaska ASBESTOS . TACOMA TACOMA Indiana Haute JAMAR OLMEN Terre MANVILLE . CHICAGO CHICAGO JOHNS SERVICES Trenton New Jersey Haute Indiana INSULATIMOANNUFACTURING MANUFACTURING MINN . Terre PA - Tuscon Arizona HUNTER Pittsburg OF BRISTOL California MANVILLE California San Francisco JOHNS PILLSBURY MADISON Pittsburg Street PILLSBURY INSURANCE CO SUTRO = 225 Bush San Francisco California AETNA COMPENSATION INSURANCE INSURANCE Montgomery Street STATE COMPENSATION EXCHANGE FUND San Francisco California INDUSTRIAL INDUSTRIAL EXCHANGE 350 155 SansomeStreet Francisco California INDEMNITY Street San INDUSTRIAL INSURANCE CO 350 Sansome Francisco California LIBERTY MUTUAL LIABILITY INS 216 Pine Street San California Francisco Cali EMPLOYERS MUTUAL LIABILITY 315 Montgomery OF WISCONSIN 114 114 Sansome California INSURANCE INSURANCE Montgomery Street San Francisco Francisco Francisco California STANDARD TRAVELERS INSURANCE INSURANCE INSURANCE ACCIDENT CO - 417 Montgomery Street Francisco California PACIFIC EMPLOYERS INSURANCE Piedmont Montgomery Street Francisco California INS 3770 3770 Avenue Oakland Piedmont PACIFIC EMPLOYERS SEDGWICK 100 Bush LEONARD CREEDE SEDGWICK Street San Francisco California HANNA HANNA BROPHY.- 100 100 Bush San Francisco California LEONARD BROPHBYROPHY.- 160 Bush Street LEONARD, WANNA & ; Cal: flfl ACCIDENT COMMISSION OF STATE OF BEFORE BEFORE THE INDUSTRIAL CALIFORNIA BERGIT A. ... RTOUT 30 30 1956 WIH OCT Applicant VS. , MUNDET CORK CORP HARDRUYTTOA. N DASUBTETSOTN^ ISN& C DUTTON ASBESTOS CO et al SUFFLY SUFFLY CO WESTERN SBESTOS CO " ~ Defendants % * CLAI 10. 55 SF 169-171 * NOTICE OF TIME AND PLACE OF % FURTHER HE..RING # % % NOTICE TO ALL FARTIES that further hearing will be held in You are hereby notified the entitled action at ROOM 206 1531 WEBSTER STREET DECEMBER 6 1956 OAKLAN OAKLAN , CLIFORNIA 9:30 o'clock a.m. ~ INLUSTRIAL ACCIDENT COMISSION COMISSION Dated at NOTE CONTINUALCES SERVICE UPON : McF AND FURTHER HEARINGS COT COT COT 2 2 6 6 ARE HOT FAVORED See attached sheet for service ep eam - arr hada SERVICE UPON Licp Swartout 3810 arden may Dacramento BSemrigtiht &A.Parrish 501 Financial Center plug Oaklunu 7101 Tonnelle Ave. North Bergen New Jerley Rundet Cork Corp. 53 Natona st 5. r Harra Dutton Inc. 562 Natoma st s r Dutton Asbestos & Supply Co. Dutton Co. 532 Natona St. D. 2 .S K. Townsend st w F. Western Asbestos Co. 675 Oakland Bay City usbestos Co. Lta7302015t5hthAvAev.e.N. Y. Cork Insulation Inc. 739 -ryant St. s 1 al centro Culir Western Fiber Glass &CRou.bber Corp. 1247 Main St. General Insulation Lancaster Penn Y. Armstrong Cork Co. 22 dust 40th St. 140 Johns Manville Sales Corp. Manville Pittsburg Calif . Johns 450 Mission st . f C. C. Loore & Co. 1351 Ocean Ave. Ameryville Cul J. T. Thorne & Inc. Sacramento Culir 907 Front St. Life Assur Co. Pucific M. R. Carpenter sire Phillin Care Ifg Co. / Gen.Acc Mutual blog s F. Pillsbury & outro 25 Bush st s F. a nishop 405 Mont onery -t wottle Hadsell Standard Aetna Ins Co. 220 Mont onery st s 2s State Fund Personal se3r5v0icBeunsome st b ' Industrial Indem.Co los Jansome st r Industrial Inden.Exchange Inden.Exchange , Dansome st o- 1 Indemnity Co. 114 F. D. Pacific Mutual Ins Co. 216 Pine St. Sunsome st v Liberty Kutual Liab Ins Co. of mis 114 Employers Employers Ins Co. 51b Mont omery st b r Ins Co. 417 Montgomery Montgomery St. D. iT Standard Accident up Ins Co. DOD Mont onery st 5.F. ' 3770 Piedmont Ave. Oakland Pacific Pacific Employers Ins Co. Corp. Pucific Mutua Accident Fire & Life Assurance . General San Francisco Fe 1 bldg 100 Bush st D.N. & boogwick .. Creede & prophy 100 Bush St. Leonard 714 Hobart Bldg D.F. Henry G. Sanford St. D. F. Mullen & Filippi 515 Montgomery ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA BEFORE THE INDUSTRIAL ) ) BERGIT A. SMARTOUT ) Applicant ) pe. , VS. HARRY A. DUTTON INC i) | MUNDET MUNDET CORK CORF CO DUTTON ASBESTOS DUTTON ASBESTOS ASBITOS CO & SUPPLY CO WESTERN ) et al . Defendant s _) CLAIM NO.55 NO.55 S.P. 169 171 NOTICE OF CHANGE IN PLACE OF HEARING NOTICE TO ALL PARTIES for the hearing in the that the place and will be held at You are heraecbytionnothiasfibedeen changed to above entitled of Jefferson Oakland Corner Room 510 577 - 14th Street the same time as stated in the Notice on the same date and at previously issued . - 11/12/821/112/812/12/82 DATED at San Francisco November 7 1956 ' California INDUSTRIAL INDUSTRIAL ACCIDENT COMMISSION SERVICE UPON Same as in last notice of hearing McP } . bd 1455 LV 6 - tics tics BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA . 1 2 3 NO 55 SF 169-171 CLAIM BERGIT A. SWARTOUT a Applicant MAR 101958101958 WLHWLH FINDINGS AND AWARD 4 vs. 5 MUNDET CORK CORP HARRY A. DUTTON INC DUTTON ASBESTOS CO DUTTON ASBESTOS & ASBESTOS 6 SUPPLY CO WESTERN BAY CITY ASBESTOS CO LTD CORK INSULA- # 7 TION CO INC WESTERN FIBER GLASS COM- PANY GENERAL INSULATION & RUBBER COR- # 8 PORATION ARMSTRONG CORK CO JOHNS MANVILLE SALES CORPORATION C. C. MOORE # 9 & CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE COMPANY # 10 STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUS- 11 TRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE 12 12 COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSUR- 13 ANCE COMPANY 14 Defendants . /A - 11/1/0/150/5 1/10/5 1/10/51/10/55 1/10/5 . " _ . 15 16 An application for adjustment of claim for com- 17 % pensation having been filed herein all parties having appear- 18 ed and the matter having been regularly heard and submitted 19 R. O. Purvis Referee now makes his Findings and Award as 20 21 22 23 24 25 26 27 28 29 30 31 32 follows ; FINDINGS OF FACT 2 John E. Swartout while employed as an asbestos worker by various employers including the defendant Western Asbestos Company in California and elsewhere sus- tained an injury arising out of and in the course of his em- . . ployment consisting of asbestosis At said time the em- 7 ployee's wages were maximum . 2. Applicant has elected to proceed against the Western Asbestos Company and its insurance carrier the State Compensation Insurance Fund pursuant to Labor Code Section 5500.5 3. Said injury resulted in temporary total disability beginning January 11 1955 to and including 1 June 5 1956 2 4. The evidence establishes that said em- medi- failed to give defendants notice of his need for 4 pclaolyeetreatment to cure or relieve him from the effects of said 6 injury - 5 The employee died on June 6 1956 and 8 that said death was proximately the evidence establishes 9 caused by the injury herein 10 6. The application for adjustment of claim the date of said injury 11 was filed herein within one year from 12 7. The evidence fails to establish that de- 13 fendants or any of them have been prejudiced by lack of no- 14 tice of the claim asserted herein 15 8 Said employee left surviving him his 16 widow Bergit A. Swartout the applicant herein 17 9. Applicant is entitled to the statutory 18 2 2 2 22 23 24 25 26 27 28 29 30 31 32 burial expense of 400.00 10. The employee incurred expense in the sum of 35.00 for examination and report by Dr. Allan E. Moe required to successfully prove his case 11. Applicant's counsel Smith & Parrish have performed services of the reasonable value of 500.00 AWARD AWARD IS MADE in favor of Bergit A. Swartout the State Compensation Insurance Fund of accrued and against disability indemnity commencing January 11 1955 temporary at to and including June 5 1956 the rate of 35.00 a week in the total sum of 2,555.00 payable forthwith AWARD IS FURTHER MADE in favor of Bergit A. Swartout and against the State Compensation Insurance of a death benefit in the amount of 7,000.00 payable Fund at 2 Swartout hg the rate of 35.00 a weekbeginning June 6 1956 less 2 500.00 3 AWARD IS FURTHER MADE in favor of Bergit A. Swartout and against the State Compensation Insurance Fund 4 for burial expense in the amount of 400.00 6 AWARD IS FURTHER MADE in favor of Bergit A. 6 Swartout and against the State Compensation Insurance Fund of the sum of 35.00 for litigation costs payable to Dr. Allan E. Moe 10 10 11 11 R. O. Purvis Referee 1313 1415 16 1717 18 1919 20 20 21 N NN NN N N Filed and Served upon record parties shown on of- 29 ficial address March 4 1958 hsg 32 3 Swartout BERGIT A. SWARTOUT V8 MUNDET CORK CORPORATION ET AL R. O. Purvis Referee February 26 1958 Claim No. 55 SF 169-171 Inj Asbestosis Dec. REPORT OF REFEREE ON DECISION Applicant is the widow of an employee who dies of pneumonoconiosis asbestosis and claims accrued compensation for temporary disabili- ty and a death benefit REPORT OF RECORD Issues ~ no admitted facts and all appearing defendants raised the Tahdedrietiw oe nr ae l issues of Statute of Limitations prejudice by reason of lack of notice and jurisdiction of the Commission Disucssion The record disclosed that the employee died on May 30 1956 and the medical evidence is without conflict that his death was due to asbestosis filed the original application for adjustment of claim The employee on December 30 1955. The evidence in the record is that he first asbestosis on January 10 1955 and became disabled as the resulwthicofh he knew he had the pulmonary disease that date was the first on the date of injury The application was That date must be filed well within taken as a year from the date of injury and therefore the claim is not barred by the Statuttoetaolf dLisiambiitlaittiyonasnd Athpeplidceaantth mbaeyne- recover both accrued temporary fit issue of jurisdiction was raised defendants maintaining that The some of the employee's employment was on board ships inasmuch asr commissioned afloat on navigable waters the Commission is not yet award of compensation for that part of the in- barred from making an occurring aboard such a vessel This Referee does not agree . worked for the same employers Jury with the contention Applicant construction work and at work Western Asbestos Co. both on new ship with other employ- on shore and as a result of such exposure along in his ments for other employers was ehxipsoseadppltoicdautsitonrweistuhltitnhgis Commission disability and death He filed with the U. S. Employees Compensation Commission He had and not the other and it was impossible to proceed in both to elect one or that the California Commission may as- It is this Referee's opinion the whole claim and that the maritime exposure sume jurisdiction over under the twilight zone theory of the case of Davis is compensable of Labor 8 Cal Comp C 25 317 US 249 vs Department In any event the major portion of applicant's employment was non- either maritime and it is impossible to segregate the exposure from BERGIT A. SWARTOUT 169-171 2 employment from the other Applicant proceeding under Labor Code Section 5500.5 elected to proceed against the defendant Western Asbestos Co. The employee incurred costs for procured medical treatment However applicant may not recover the cost thereof as no notice was given in advance to the defendants who therefor had no opportunity to furnish it Discussion Award must be made pursuant to the foregoing conclusions ROP hg R. O. Purvis Referee 2, SWARTOUT - Claim No. 55 SF 169-171 R. O. PURVIS Referee Oakland - August 15 1956 Injury Silicosis Death May 30 1956 REPORT OF REFEREE Applicant testified substantially that she was married to the employee on July 5 1939 at Albuquerque New Mexico He had been married before They had no children She ex- hibited a marriage certificate which was read into the record She was living with the employee at the time of his injury They had not been divorced He was employed by the Western Asbestos Co. in 1940 to 1949 and again in 1954 always in California He was employed running jobs but most of the time working with asbestos covering pipes and so on He was a member of Local 16 Asbestos Workers Union in San Francisco He first knew he had asbestosis in January of 1955. He stopped work on January 10 1955 and has done no work since He was in the hospital six weeks at one time then again two months The first hospital was the Porterville Hospi- tal and the second the Springville Sanitarium He never recovered from his illness and died May 30 1956 She has not paid the bill of Dr. Moe 35.00 for a report In the year before his death the employee's earnings were 4800 to 5000 or 5200 He had worked steady at union scale He had no periods of unemployment except one in 1947 or 1948 for about six months Her husband discussed his working conditiown itsh her * and how hard he worked and how he was covered with dust and he felt his nose stuffed up with dust His working blothes always had dust on them She has paid the burial expense the cremation and the niche for check to a mortuary in the sum of 568.00 the ashes of 534.00 except for Exhibited a . On examination the witness testified substantially that on July 5 1939 she married the employee at Albuquer- que New Mexico That he has been married before His wife had died in 1934 or 1935 in Minneapolis That he had no children by this previous marriage That she had not been married before She knew the employee two years before she married him . He worked for other employers at Albuquerque up to the time he came to San Francisco in 1947 169-171 Swartout 8/15/56 2 He was working in Porterville for the Western Asbestos Co. in 1954 and then they came to Sacramento in 1955 The for last job he had done Bethlehem Steel was for Armstrong ; Construction . Co. At Porterville the employee was under the care of Dr. Park- inson He saw him first she believes on January 17 1955 He had a bad cold and examination at that time showed that he had asbestosis He was taken to the Porterville City Hospital where he stayed six weeks Then he remained at Sani- home two weeks and then he was taken to Springville tarium where he stayed two months Harris Following that they moved to Sacramento whAot Spuatcrahmiemntion htehe was under the care of Dr. Robert and then Dr. Harris sent him to Sacramento County Hospital Dr. Moe who took care of him the rest of the time The last work he did was on January 10 1955 and he was unable to work after that time due to asbestosis On examination by Mr. Schwab the witness testified substantially that he worked for the Armstrong Cork Co. after he left Porterville in 1954 right after Christmas That he was on a job for the Armstrong on a ship at . the Bethlehem Steel plant On examination by Mr. Jenner the witness testified substantially that the employee had never worked at Southgate California substantially On redirect examination the witness testified . that the period of unemploymemnotnthisn t1i9m4e7 woaus t oancdcawseinotnedtoby the fact that theymtootoekl sixThere was nothing wrong with the Chico to manage a health at that time but they just tried out employee's managing the motel and then gave it up On examination by Mr. Conklin the witness testified that the name of the motel was tahsebesWtiolslarwdorMkeorteslinceAlsheo was that the employee worked as an sixteen years old That she was with the he had asbestosis- employee when Dr. Parkinson told . him ROP fg R. O. PURVIS Referee SWARTOUT ~ Claim No. S.F. 169-171 REFEREE WILLIAMSON Oakland 12-6-56 Inj Silicosis Death 5-30-56 REPORT OF REFEREE This matter was called continued from hearing for hearing at this of August 15 1956 time after having been was called by the applicant and identified himself as a Wayne Kelly of Local 16 of the asbestos workers of the business representative He has held this position for the past year international union and between 1945 and 1949 Prior thereto he was an asbestos worker Asbestos where the decedent had worked He had worked for Western ' and in the same work applying asbestos to areas worked in the same steam lines aboard destroyers located at Bethlehem Shipyard with him He knew doing the Swartout there and worked in the same compartments . same kind of work admitted exhibits indicates that Swartout Reference to previously 1941 to November 1947 and another worked for Western Asbestos from 1948. See Commission's Exhibit No. place 1940 to the end of the year character is that asbestos comes in molded shape consisting of The witness explains aro und steam pipes and fastened there two halves which are placed to cut the molded asbestos lining to In this work it is necessary which is done with a hand saw The work is in the confined scarce and rooms are lroeonmgsthand spaces aboard destroyers where space and each man correspondingly small The men never wore respirators and settled on was exposed to the dust which was of white of the as- their clothes The dust was heavy and with the working bestos and the sawing it permeated the air the witness stated that he and the other men work- On cross examination used the Bethlehem plant ing for Western Asbestos during those years worked out of this plant His work as a sort of clearing house and Mead was the foreman with Mr. Swartout was on the ddeessttrrooyyeerrss andDuWraiynnge the years hetwas in charge of this work on the there he also worked under other foremen dusty He explains the asbestos dust floats in the The work was quite than wood sawdust and it is formed mostly of air It is much lighter particles or fibers that float through the air and may readily be The dust settles heavily on tsieneyn when light strikes through the room . their work clothes he has observed that Johns Manville is the brand of the He states that Western Asbestos and that the pack- asbestos material that is usedanbdy he believes the balance is asbestos ages intdhiecamtaeter8i5almaisgnteosibuem put on very hot pipes lesser magnesium is used Where is used and a higher percentage of asbestos he did with the decedent was in connection with the All the work When this work was done the ships destroyers at the Bethlaenhdemwer pelafnltoating in water but the work was done were tied at the dock prior to the ship's being commissioned Page 2 in this case and widow of the deceased Bergit Swartout the applicant Mr. Conklin and she responded to questions was called to testify by furnished or promised any that neither she nor her husband were ever of the alleged compensation or any medical treatment as a consequence injury to At this point the case is submitted The parties request that the Purvis for decision It is further matter btehatreMfre.rrePdurbvaicsknotto bMer. required have a transcript of the agreed taken this day before this Referee testimony DISPOSITION Refer case back to Mr. Purvis HJW HERBERT J. WILLIAMSON Referee , APR 21 21 1958 WLH THE H BEFORE IaNfDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 3 ~\\ \\e CLAIM NO 55 SF 169-171 - he BERGIT A. SWARTOUT 5 ) ORDER DEFENDANTS GRANTING Applicant } FOR -- V8 ) RECONSIDERATION - 7 A. INC MUNDET CORK CORP HARRY DUTTON 8 DUTTON ASBESTOS.CO ASBESTOS.CO DUTTON ASBESTOS & SUPPLY WESTERN ASBESTOS 9 CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN Mailed Mailed From From for for Price Price Price Price Office Office 10 FIBER GLASS COMPANY GENERAL INSULATION & RUBBER CORPORATION ARMSTRCONOGRPCOORRAKTICONO C.JOCH.NSMOORE se SALES & Industrial Industrial Industrial Industrial Industrial Colorin Accident Accident Accident Accident Accident Colorin Colorin State Califo rat . 23 y CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION . . 29 18 INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE | COMPANY 18 Ne GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that Defendants Petition for Reconsideration filed herein March 18 1958 be and the same hereby is granted INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence 23 John J.Synon Roland J.Henning , Commissioners FORM 297 48801-57 48801-57 SOOM BPO BERGIT A. SWARTOUT V8 MUNDET CORK CORP HARRY A. DUTTON INC DUTION ASBESTOS CO DUTTON ASBESTOS & SUPPLY WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIBER GLASS COMPANY GENERAL - INSULATION & RUBBER CORPORATION ARMSTRONG CORK CO JOHNS MANVILLE SALES CORPORATION C. C. MOORE & CO J. T. April 15 1958 CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY CLAIN NO SF 169-171 REPORT OF PANEL ONE The Panel is of the opinion that transcripts of the testimony should be prepared and the case returned to the Commissioners for further study Accordingly Order is issuing granting Petition for Reconsideration INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence- John J.Synon Roland J.Henning Commissioners BERGIT A. SWARTOUT VS R. O. Purvis Referee March 27 1958 MUNDET CORK CORP et al . Dec Claim No. 55 SF 169-171 Inj 1-11-55 REPORT OF REFEREE ON RECONSIDERATION DUE April 17 1958 Defendant petitions for reconsideration from an award to applicant the widow of an employee who died of asbestosis The award was for accrued compensation due the employee from the date of his first disability up to his death and for a death benefit The sole ground for reconsideration is the claim for the death benefit is barred by the Statute of Limitations Defendants admit therefore that the findings and award for injury arising out of and in the course of employment temporary disability death proximately caused by industrial injury etc. are correct The undisputed facts are that applicant an asbestos worker sustained injury in his occupation consisting of asbestosis His disability began on January 10 1955. He died on June 6 1956. He filed an application for adjustment of claim on December 30 1955. His widow was substituted as party applicant on his death by an application filed June 13 1956 On the foregoing time table defendant State Compensation Insurance Fund maintains its pleas of the Statute of Limitations is good It relies on the fact that the employee's death occurred after one year from the date of injury and it had not furnished the employee any of the benefits of the Labor Code In support of its position defendant cites two cases One Bianco vs I.A.C. 9 CCC 206. However in that case the employee never filed a claim the widow's claim was not filed for 2 years after the employee's death Also the Labor Code has been amended since that case was decided The other case cited is Decker vs I.A.C. 14 CCC 3 a case where the District Court of Appeal refused to issue a writ of review In that case after a hearing the Commission found that the employee had sustained no injury and the widow attempted to open the case after the employee's death That case too is factually different from the , present case Applicant in reply to defendant's petition contends that the filing of an application by the employee removed the from question of the Statute of Limitations issue because of the language of Labor Code Section 5404 so far as the widow's claim is concerned and with this answer the under- BERGIT A. SWARTOUT 169-171 2 signed Referee is in agreement It is the opinion of this Referee that the claim is not barred by the Statute and further that defendant's position is equitably impossible that even assuming that the statute bars the claim if no benefits had been paid within they a year of filing for the death benefit are astopped to assert such a proposition Benefits were not paid only because the defendants forced the employee to litigate his case instead of meeting their obligation him The po- sition of defendants if adopted would bar a great percentage of industrial disease claims and that was not the intent of the Legislature Applican hats filed which is convincing tions an answer to the defendant's and adequately answers their . petition conten- RECOMMENDATION That defendant's Petition for Reconsideration be denied eran aaay py 3 tags R. O. Purvis Referee we ee _ ae a [ | PHONE EXPRESS 4-3728 4-3729 TOENSMEIER ADJUSTMENT SERVICE INC INSURANCE ADJUSTERS 8/5/58 CHARLES J. COPE ADJUSTER LANCASTER PENNA OFFICE N. DUKE STREET fl- 2 . . . o ~ DEFUN DEFUN 30 NOVINENu NOVINENu NOVINENu wee _DENT _DENT COMMISSION OF THE STATE OF CALIFORNIA e > CASE NO 169-171 . SWARTOUT e e 3o 2 ry Jihm : 1-10-55 5 : BERGIT A. SWARTOUT o r = = . 2 Applicant e rs 7 ry e . rs e 9 : : : : 10 : : : : 1012 : : : : : : . ry 13 : : : : 14 : : : : 15 : : e ry 1616 : : ry e 17 : : . e 18 18 : : V. MUNDET CORK CORP HARRY A. DUTTON INC DUTTON ASBESTOS CO DUTTON ASBESTOS & SUPPLY CO WESTERN WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIBER GLASS COMPANY GENERAL INSULATION & RUBBER CORPORATION ARMSTRONG CORK CO JOHNS MANVILLE & SON INC SALES CORPORATION C. C. MOORE & CO J. T. THORPE M. R. CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS EMPLOYERS INSURANCE COMPANY ) Defendants ) DECISION AFTER RECONSIDERATION . 19 : : 20 e e 20 : : e e 21 21 : : fi e Reconsideration having been granted herein and the matter having been carefully considered including transcripts 22 22 : : e e of the testimony as well as the record as a whole this Commis- 23 : : . . further sion now concludes that proceedings are not essential 24 : . e for the disposition of the claim and makes its Decision after : : Reconsideration as follows : . = . . 26 ry e a GOOD CAUSE APPEARING THEREFOR 27 : : . . 28 : . . e 1958 be IT IS and the ORDERED that Findings and Award filed March 4 same is vacated annulled and set aside and 29 : : . s that the following Findings and Award be substituted in lieu 30 : : 2 e thereof and made the Decision after Reconsideration of this 31: . Commission rY Py ry e * e 1 FINDINGS OF FACT 2 1. John E. Swartout while employed as an asbestos worker 3 in the County of San Francisco State of California on January 4 10 1955 by Western Asbestos Company sustained an injury arising 5 exposure out of and occurring in the course of his employment consisting of substantial and material to asbestosis At said time 7 the employee's wages were maximum . . ~ 20 There may have been like exposure in other employments 92223 both within and without the State of California 92223 3 Applicant has elected to proceed against the Western 92223 : 92223 : 13 : Asbestos Company and its insurance carrier the State Compensation Insurance Fund pursuant to Labor Code Section 5500.5 40 Said injury resulted in temporary total disability 14 : beginning on January 11 1955 continuing to and including June 5 15 : 1956 entitling the employee to temporary total disability indem- 16 nity at the rate of 35 a week in the total sum of 2,555 17 : 18 : 5 The evidence establishes that said employee failed to give defendants notice of his need for medical treatment to cure 19 : or relieve him from the effects of said injury 20 : 21 : 22 : ---- The employee died on June 6 1956 and the evidence establishes that said death was proximately caused by the injury herein 23 : 70 The application for adjustment of claim was filed 24 25 : .26 : 27 : 28 : 29 : 30 : 31 : 32 : herein within one year from the date of said injury 80 The evidence fails to establish that defendants or any of them have been prejudiced by lack of notice of the claim asserted herein _ 9. Said employee left surviving him his widow Bergit A. . Swartout the applicant herein 10. Applicant is entitled to the statutory burial expense of 400 11. The employee incurred expense in the sum of 35 for Dec aft Rec Rec H OO OH 2 OO CO 3 OF CO 4 BE OF O08 5 68 OH BE OE 7 OCD OH OF 9 6H FH 1010 82H OS O88 OS 12 : 13 : 13 C8 CO : : : 16 OB OF 15 84 17 : OF 18 SO OH 19 O24 19 BF OO : 21 CH OF 22 OF : 23 FO GE 24 OH 6S 25 828 OO CH 2 7 8S 68 86 98 se eo 86 30 es 88 31 00 68 32 60 Swartout 169-171 : Dec aft Rec Rec Rec ee examination and report by Dr. Allan E. Moe required to successfully prove his case 12. Applicant's counsel Smith & Parrish have performed services of the reasonable value of 600 WARD . AWARD IS MADE in favor of BergiAt. Swartout and against the State Compensation Insurance Fund of accrued temporary disa- bility indemnity commencing January 11 1955 to and including June 5 1956 at the rate of 35 a week in the total sum of 2,555 payable forthwith AWARD IS FURTHER MADE in favor of Bergit A. Swartout and a against the State Compensation Insurance Fund of a death benefit in the amount of7,000 payable at the rate of 35 a week beginning June 6 1956 less 600 payable to Smith& Parrish as attorneys fee AWARD IS FURTHER MADE in favor of Bergit A. Swartout and ; against the State Compensation Insurance Fund for burial expense in the amount of 400 AWARD IS FURTHER MADE in favor of Bergit A. Swartout and against the State Compensation Insurance Fund of the sum of 35 for medical litigation costs payable to Dr. Allan E. Moer IT IS ORDERED that all payments herein shall bear interest as provided by Labor Code Section 5800 INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence F.A.Lawrence F.A.Lawrence W.Lee Dekara Jr. Commissioners Commissioner BERGIT A. SWARTOUT June 6 1958 ve MUNDET CORK CORP HARRY A. DUTTON INC DUTTON ASBESTOS CO DUTTON ASBESTOS & SUPPLY CO WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIBER GLASS COMPANY GENERAL INSULATION & RUBBER CORPORATION - ARMSTRONG CORK CO JOHNS MANVILLE SALES CORPORATION C. C. MOORE & CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE COMPANY . STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and PACIFIC EMPLOYERS INSURANCE COMPANY Case No. 169-171 REPORT OF PANEL ONE ON DECISION AFTER RECONSIDERATION The record reflects decedent while employed as an asbestos worker on January 10 1955 by Western Asbestos Company sustained an injury arising out of and occurring in the course of his employment consisting of substantial and material exposure to asbestosis The record further reflects that there may have been like exposures in other employments both within and without the State of California The injury caused total temporary disability from January 11 1955 through June 5 1956. Employee's deatohn June 6 1956 was proxi- mately caused by the injury herein entitling applicant to death benefits . It appears from the evidence that decedent failed to give notice to defendants of his need for medical treatment Applicant is entitled to the statutory burial expense and to medico- legal expense of 35 payable to Dr. Moe . Applicant's attorneys have rendered services herein of the reason- able value of 600 It is the opinion of the Panel that the claim is not barred by the statute of limitations and that the evidence fails to establish that defendants have been prejudiced by lack of notice of the claim asserted herein .. . Decision after Reconsideration should issue accordingly INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA F.A.Lawrence ~~, W.Lee DeMara Jr. Commissioners Deputy Commissioner Resi Before the Industrial Accident Commission of the State of California FEB FEB 16 1959 WLH Case NoNo 169-171 BERGIT A. SWARTOUT VS. 7 Notice of Time Applicant_ and Place of Further Hearing MUNDET CORK CORPORATION et al and AETNA INSURANCE COMPANY et al Defendant NOTICE TO ALL PARTIES | You are hereby notified that further hearing will be held in the entitled action at 510 Thayer Building March 16th 1959 577 - 14thCaClailfifoorrnniiaa Oakland 10:00 A. M. APPORTIONMENT OF LIABILITY Dated at Oakland California February 10th 1959 INDUSTRIAL ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED . SERVICE UPON ALL OFFICIAL PARTIES ' 37 February 10th 1959 FORM 400 REV 11.58 MAR 11-58 BOM ,SPO Gee RCS fue 6ve 7 Wik BEFORE THE THOUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 CILAIN NO 169 171 3 5 BIRI A. SHARTOUT Applicant i . 8 10 11 14 MUNDST CORK CORP HARRY A. LUTTON =} ASBESTOS & SUPPLY CO WESTERN WESTRN ASBESTOS CO BAY CITY ASHESTOS Co. COMPANY LTD CORK INSULATION INC WESTERN FIBER GLASS COMPANY GENERAL INSULATION & RUBBER CORPORATION TRONO CORE CO JOHIS MANVILLE | SALES CORPORATION C. C. HOONE & CO 5 COMPANY = J. T. THORPE & SON INC H. R. CARPENTER ANTRA INSURANCE | STATE COMPENSATON INSURANCE FUND INDUSTRIAL EXCHANGE COMPANY STANDARD 15 INSURANCE COMPANY ACCIDENT | 18 INSURANCE COMPANY and PACIFIC EMPLOYERS COMPANY 17 INSURANCE EMPLOYERS Defendants ) 18 FISKABE PETITION FOR REAPPORTIONSENT REAP ORTIONSENT REAPORTIONSENT VERAD AVO CORIGLIUTIONCORIGLIUTION FAIS Doe 19 COMPENSATION INSURANCE FUND defendants herein with their Petition for Reapportionment of Occupational Award and Contribution Among Parties Defendant and in this connection respectfully allege that 1. On June 10th 1958 decision after reconsideration was issued by this honorable Commission awarding certain temporary disability indemnity benefits and death benefits against the State Compensation Insurance and in favor of Bergit A. Siartout applicant herein 2. Said award was based upon a finding of injury of - John I. Swartout while employed as an asbestos worker in the County of San Francisco State of California on January 10th 1955 by Western Asbestos Company 3. Pursuant to said award your petitioners have made certain payments . 4. In addition this Commission found that there nay both have been like exposure in other employments within and without the State of California decision after reconsideration filed June 10th 1958 5. This Commission further found that the applicant Fund has elected to proceed against the Western Asbestos Company carrier the State Compensation Insurance and its insurance pursuant to Labor Code Section 5500.5 decision after 1950 reconsideration filed June 10th his of John E. Swartout during 6. The various employers to asbestosis have heretofore been joined as parties exposure should now be required to contribute their defendant herein and assessed against your petitioner on | just portion of the liability caused injury and subsequent death account of the industrially suffered by John E. Swartout WHEREFORE it is respectfully requested that pursuant to contribution all parties proceeding of the provisions of Labor Code 5500.5 further proceedings be now ordered against the above named defendants for the purpose of of lisbility among the defenda determining an apportionment at which previously joined or right be ordered to appear and defend of the above named defendants have been malled on the date Copies of this petition hereof to the parties listed on next page Respectfully submitted ce pet be torney for Defendante Dated at San Francisco California this 25th day of Decmber 1953 21 yet 2 Bergit t* A. Evartout 3S8a1c0raAmrednetnoWCaaylifornia co = Smith & Farrish 3 Attorneys at Law fF Financial Center Bldg 5 7101 Tonnella Ave. " North , New Jersey 8 e - Dutton Asbestos & Supply Co. San Natoma St. San Francisco California 8 -Nestern Co. St. Tamind 673 , California 9 e~ FCriatnycisco Asbestca Co. Avenue 10 OaklandInsulation 730 - Avenue New York B.Y. 11 c - Western Fiber Glass Co. 739 Bryant St. San Francisco California Insulation o - General & Rubber Corp. 14 1247 Main Street Centro California C - Armstrong Cork Co. vs Armstrong Ponnsylvania Ponnsylvania 16 c - Johns Manville Sales Corp. 22 East 40th Street 17 Now York N.Y. 18 C. C. Moore & Co. 450 Kission Street 19 San Francisco California a J. &Thor&pSaen Inc. 1351 Ocean Avenue EmeryvilleCalifornia - M. R. Carpenter 907 Front Street Sacramento California 8,ae ~ Actna Insurance Company 220 Montgomery Street San Francisco California c - Industrial Indemnity Exchange 155 Sansome Street San Francisco California 6 - Industrial Indemnity Co. 350 Sansome Street San Francisco California '= Liberty Mutual Insurance Co. 216 Pine Street San Francisco California c Travelers Insurance Co. 315 Montgomery Street San Francisco Californis fi- Standard Accident Insurance Co. 417 Montgomery Street San Francisco California Pacific aw Eployers Insurance Co. . ' ' vf t? ' JUL 27 1959 WITH BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 CLAIM NO SF 169-171 BERGIT A. SWARTOUT 3 1-10-55 FILED JULY 21 1959 Applicant fF V8 5 MUNDET CORK CORPORATION et al AETNA INSURANCE COMPANY et al @ Defendants NOTICE OF CANCELLATION OF - HEARING AND ORDER TAKING - OFF CALENDAR 7 8 E E E E 1999 1999 1999 1999 2 19 21 N N N N N N 28 N NOTICE IS HEREBY GIVEN to the parties in the above entitled case that the hearing heretofore scheduled therein has been cancell pursuant to request of defendant State Compensation Insurance Fund by letter dated JULY 15 1959 and a GOOD CAUSE APPEARING THEREFOR the above entitled IT IS HEREBY ORDERED That the same hereby is taken off calendar matter be and and all further action on the matters now pending herein suspended subject to being resetr after notice upon request of any the parties hereto MAILED AT OAKLAND 7-21-59 DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION Bergit A. Swartout XX PO Box 8053 Broadway Station Sacto 18 Smith & Parrish Financial Center Bldg Oakldn Pillsbury Madison & Sutro 225 Bush st San Francisco Aetna Insurance Co. 220 Montgomery St. San Francisco Industrial Indemnity Exchange 155 Sansome St. SF , Industrial Indemnity Co. 350 Sansome St. SF e Pacific Indemnity Co. 114 Sansome St. SF Liberty Mutual Ins Co. , 2@ 216 Pine St. SF Mr. Walter Employers Mutual Liab Ins Co. of Wisconsin 114 Sansome Travelers Insurance Co. 315 Montgomery St. SF Kohn St. Standard Accident Ins Co. 417 Montgomery ST SF Pacific Employers Ins Co. 505 Montgomery St. SF Sedgwick Detert Moran & Arnold 100 Bush St. SF Hanna & Brophy 100 Bush St. SF and Oakland State Compensation Insurance Fund 450 McAllister St. SF General Accident Fire & Life Assur Corp. Pacific Mut Bldg SF Henry G. Sanford Hobart Bldg SF Mullen & Filippi 315 Montgomery St. SF Hadsell Murman & Bishop Employrs Mutual Liability Insurance Co. of Wisconsin 114 Sansome S SI W FORM 297 85534 6.47 250M sto FE 2 3 fF 5 Oe 7 8 9 10 11 .12 13 14 15 16 17 18 19 N 21 22 N N N N N N N W , CHEER TAKING CFY CALENDAR ~ CLAIM OF 163-171 PARTING SERVED CONTINUED NAILED AT CARLAND 7-21-59 - K24 Mundet Cork Corp. 7107 Tonnelle Ave. North Bergen N.Y. N.Y. HARRY A. DETTCH INC 532 Natoma St. SP Patton Asbestos & Suply Co. 532 Natoma St. western Asbestos co 675 Townsend St. W : By City Asbestos Co. Ltd. 251 5th Ave. Oakland Cork Insulation Co. Inc. 730 5th Ave. N.Y. Western Fiber this Co. 739 Bryant St. EE General Insulation & Rubber Co. 1747 Main St. El Armstrong Cork Co. Lanesster Fenn Centro ; Calif G.C. Moore & Co. 450 aission St. &F 7.9 Thorpe & Bon Inc. 1351 tosan Ave. K.R. Cerpenter 907 Front St. Sacramento Calif Phillip Care Mfg Co. o General Accident Fire & Life ABEUT 105 RM 297 12-50 260M Res - STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES 450 MCALLISTER STREET- SAN FRANCISCO EARL R. HOWARD A. YOUNG H.C MILLER DONALD GALLAGHER GENERAL MANAGER ASST GEN'L MGR COMPTROLLER CHIEF COUNSEL CHICO EURSKA FRESNO LOS ANGELES SACRAMENTO SAN BERNARDINO SAN DIEGO JT 559 W . July 15 1959 IN REPLY REFER TO Industrial Accident Commission 577-14th Street Room 510 Oakland California Gentlemen oO No. 319552 JohnE. Swartout / 1-10-55 1-10-55 . ; Deceased last dag unified 1959 This matter is now set for hearing on August 3 9:00 a.m. at 510 Thayer Building 577-14th Street Oakland California In the last few weeks we have received a number of communications from various persons indicating that there is some serious doubt as to whether the information with regard to prior employments as set forth in the letter from the Department of Health Education and Welfare Social Security Administration dated March 29 1956 is a complete and correct statement of the actual employers of the deceased John E. Swartout for the periods indicated therein In addition we are informed by Dr. Hinshaw's office that he in all probability will be unavailable for purposes of testifying on August 3 1959. The appearance of Dr. Hinshaw is necessitated by the refusal of the various party defendants to accept his medical reports in lieu of his oral testimony Therefore for the reasons stated above it is respectfully requested that the hearing now scheduled for August 3 1959 be canceled and the matter ordered taken off calendar This order will enable your defendants to attempt to gain more complete and exact information as to the various employers of the deceased John E. Swartout and effect a . proper service upon these persons ; e 4 Very truly yours AS fr 0 - See next page ALBERT SENNETT Attorney CREATED BY THE STATE OF CALIFORNIA TO FURNISH PROTECTION TO EMPLOYERS AT THE LOWEST POSSIBLE COST AND TO GUARANTEE TO THEIR EMPLOYEES THE BENEFITS OF THE WORKMEN'S COMPENSATION LAWS a C 0 P Y Industrial Accident Commission . 2 c~ a- Mrs. John E. Swartout 0053 O. Box - Broadway Station Sacramento 18 California Emith & Parrish 501 Pinancial Center Bldg Oakland 12 California Mundet Cork Corp. 7101 Tonnelle Ave. Harry A. Dutton Inc. 532 Natoma St. Ian Prancisce 3 California Dutton Asbestos Co. 532 Natoma St. San Francisco 3 California Dutton Asbestos & Supply Co. San Francisco 3 Wester Asbestos 675 Townsend St. San Francisco 3 Calfornia Co. California California Bay City Asbestos Co. Ltd. 251 ~ 5th Ave. Cakland California Cork Insulation Co. 750 - 5th Ave. . New York City N. Y. Western Fibrous Glasu 739 Bryant St. Prod Co. San Francisco 7 California General Insulation & Rubber 1247 Main Street Corp. . El Centro California Armstrong Cork Co. Lancaster Pennsylvania Johns Manville Sales Corp. 22 East 40th st New York City Y. 450 Mission St. San Francisco 5 California " ' J. T. Therpe & Son Inc. 1351 Geean Ave. Emeryville California K. R. Carpenter 907 Front St. Sacramento California S. R. Dutton Co. 532 Natoma St. San Francisco 3 California California July 15 1959 Industriel Accident Comission 3 4 *= Bay Cities Agbostos Co. Cakland - 5th Ave. Cakland California Western Fiberglass Supply Co. 739 Bryant St. Sen Prancisco 7 California & General Insulation Co. zan Frencieco California & Tha Asbestos & Ragreria Faterials to Supply Chicago Illimais & . Asbestos Co. of Pairbanks Aleska &fi > Fillip Cera F^,rCo. Seattle tissinnati Ohio a Trooms Asbestos Co. of Treema Anchorage Alaska @&- Jazar Co. of Chicago Terre Haute Indisch | & Jolma Kaarilla Treston Bew Jersey 8 Insulition services of Minn Terre Haute Indiana en - Master Manufacturing Corp. of Bristol 2 5ad eo Thesen Arizona Johns Manville Pittsburg California Pillsbury Madison & Eutro 823 Buch St. San Francisco 4 California Fa July 15 1989 Can Francisc Califon te Industrial Indenuity Exchange 135 Sansonia Jt Francisco 4 California San rial Indemnity Co. Ian Francisco 4 Califor Pacific Indemnity Co. 114 Sansome St. Can Francisco 4 California Liberty Mutual Insurance v . 210 Plus St. Nan Francisco 4. California Mutual Lab Ins Co. of i = Exployers it 114 Sansone it San Francisco Co. California co Travelers Ins Co. 315 Montgomery St. San Francisco 4 California C 0 P Industrial Accident Commission 4 ' Standard Accident Ins Co. 417 Kentgesery St. Can Francisce 4 California e - Pasifia Exployers Ins Co. St. 500 Pentgehery St. San Francisco California - PacificEmployers Ins Co. ' 3770 Piedmont Ave. CallenCdalifornia G - Sedgwick Deter Horan & Arnold 103 Bean St. San Francisco 4 California Bush @ - Leenard Hanna& Brophy 100 St. Ben Francisco 4 California c - Claims Department July 15 1959 Y oy 2 Before Before Industrial Accident Commission Before the Industrial Industrial Accident 6 California California Case N0...SF.169-171- BERGIT BERGIT SWARTOUT vs. Applicant_ MUNDET CORPORATION , al and AETNA COMPANY , al AETNA INSURANCE Notice of Time Notice of Time and Place Defendan$t NOTICE TO ALL PARTIES ; that further hearing will be held in the entitled action at You are hereby notified 510 Thayer Building 577 - 14th Street Oakland California 9:00 M. ( ALL A.Me) MATTER IS 1959 TO REQUEST STATE STATE DafOMPENSATION DafOMPENSATION DafOMPENSATION INSURANCE INSURANCE HEFAURNIDNGMADIENARTESPHOENASREING OF MARCH 16th 1959 INSURANCE Oakland INDUSTRIAL ACCIDENT COMMISSION Oakland, California ION AND FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON SERVICE UPON: All official parties ) 18th 1959 1959 Fors 400 (Riv. 34-38) ESP ecesy 11-26 800 '070 STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES 450 MCALLISTER STREET SAN FRANCISCO 1 EARL R HOWARD GENERAL MANAGER R. A. YOUNG ASST GEN'L MOR H. C. MILLER COMPTROLLER DONALD GALLAGHER CHIEF COUNSEL J. H. LEIMBACH M.D. MEDICAL DIRECTOR oe o Nenete LOS ANGELES CHICO EUREKA FRESNO REDDING SACRAMENTO SAN DIEGO LONG BEACH SAN JOSE OAKLAND STOCKTON tS ' ae ta Industrial Accident 577 - 14th Street Oakland California Commission February 24 1959 IN IN REPLY REFER TO 319552 1-10.55 1-10.55 JohnJohn E. E. Swartout Dec. Dec. C Attention Olney L. Huff Referee Re Bergit A. Swartout vs. Mundet Cork Corp. and Aetna Casualty & Surety Company et al Claim No. SF 169-171 S Dear Mr. Huff We are now in receipt of your letter of February 17 " 1959 P Please be advised that we have this date served the following additional parties with our Petition for Reapportionment etc. initially forwarded to this Commission on December 26 1958 Thank you for your cooperation V AS C - See next page Very truly yours ALBERT SENNETT Attorney CREATED BY THE STATE OF CALIFORNIA TO FURNISH PROTECTION TO EMPLOYERS AT THE LOWEST POSSIBLE COST AND TO GUARANTEE TO THEIR EMPLOYEES THE BENEFITS OF THE WORKMEN S COMPENSATION LAWS C 0 P Y * - Mrs. John E. Swartout 3000 Merrywood Drive ; Sacramento California - Smith & Parrish 501 Financial Bldg Oakland California ' - Mundet Cori Corp. 7101 Tonnelle Ave. *o - Harry A. Dutton Inc. - 532 Natoma St San Francisco California C - Dutton Asbestos Co. 532 Natoma St. San Francisco California * - Dutton Asbestos & Supply Co. 532 Natoma St. San Francisco California - Western Asbestos Co. 675 Townsend St. San Francisco California * C - Bay City Asbestos Co. Ltd. - 251 - 5th Ave. Oakland California ec - Cork Insulation Co. 750 - 5th Ave. N.Y. e - Western Fibrous Glass Prod Co. 739 Bryant St. San Francisco California e - General Insulation & Rubber Corp. 1247 Main Street El Centro California c ~ Armstrong Cork Co. " Lancaster Pennsylvania ~ Johns Manville Sales Corp. 22 East 40th St. Y. e+ C. C. Moo&r Coe . 450 Mission St. San Francisco California ce - J. T. Thorpe & Son Inc. 1351 Ocean Ave. Emeryville California - Mr. R. Carpenter California 507 Front St. Bacramento * - S. R. Dutton Company - 532 Natoma St. San Francisco California C - Bay Cities Asbestos Co. 251 - 5th Ave. Oakland California * ~ Western Fiberglass Supply San Francisco California Y e- ak * * " * 0 ** 0 ** 0 *0 > *C General Insulation Co. San Francisco California The Asbestos & Magnesia Materials Co. Chicago Illinois Asbestos Supply Co. of Seattle Fairbanks Alaska Phillip Care Mfg Co. Cincinnati Ohio Tacoma Asbestos Co. of Tacoma Anchorage Alaska Jamar Co. of Chicago Terre Haute Indiana Johns Manville Trenton New Jersey Insulation Services of Minn Terre Huate Indiana Hunter Manufacturing Corp. of Bristol Pa Tuscon Arizona Johns Manville Pittsburg California Pillsbury Madison & Sutro 225 Bush St. San Francisco California , Aetna Insurance Co. 220 Montgomery St. San Francisco California Industrial Indemnity Exchange 155 Sansome St. San Francisco California Industrial Indemnity Co. 350 Sansome St. San Francisco California Pacific Indemnity Co. 114 Sansome St. San Francisco California Liberty Mutual Insurance Co. 216 Pine Street San Francisco California - Mutual Liab Ins EmploSyaenrssome St. San Francisco California Co. of Wisconsin Travelers Ins Co. 315 Montgomery St. . San Francisco California Standard Accident Ins Co. 417 Montgomery St. San Francisco California Pacific Employers Ins Co. 505 Montgomery St. San Francisco California *- ^~ *o - Pacific Employers Ins Co. 3770 Piedmont Ave. Oakland California Sedgwick Deter Moran & Arnold 100 Bush Street San Francisco California Att T. P. Niedermuller Leonard Hanna & Brophy 100 Bush Street San Francisco California * These parties served copy of defendant State Fund's Petition for Reapportionment of Occupational Disease Award and Contribution among Parties Defendant on February 24 1959 W ' General Insulation Co. San Francisco California , The Asbestos & Magnesia Materials Chicago Illinois Asbestos Supply Co. of Seattle Fairbanks Alaska Phillip Care Mfg Co. Cincinnati Ohio Tacoma Asbestos Co. of Tacoma Co. Anchorage Alaska Olmen Co. of Chicago Terre Haute Indiana Johns Manville Trenton New Jersey Insulation Services of Minn Terre Haute Indiana Hunter Manufacturing Tucson Arizona Johns Manville Corp. of Bristol Pa Pittsburg California Pillsbury Madison & Sutro 225 Bush St. San Francisco California California Aetna Insurance Co. 220 Montgomery St. San Francisco California Industrial Indemnity Exchange 155 Sansome St. San Francisco California Industrial Indemnity Co. 350 Sansome St. San Francisco California Pacific Indemnity Co. 114 Sansome St. San Francisco Liberty Mutual 216 Pine St. California Insurance Co. San Francisco California Employers Mutual Liab Ins 114 Sansome St. Co. of Wisconsin San Francisco California Travelers Ins Co. 315 Montgomery St. San Francisco California Standard Accident Ins Co. 417 Montgomery St. San Francisco California Pacific Employers Ins Co. 505 Montgomery St. San Francisco California 7: * % . Pacific Employers Ins Co. 3770 Piedmont Ave. Oakland California Sedgwick Deter Moran & Arnold 100 Bush Street San Francisco California Att T. P. Niedermuller c - Leonard Hanna & Brophy 100 Bush Street San Francisco California * These parties served copy of defendant State Fund's Petition for Reapportionment of Occupational Disease Award and Contribution among Parties Defendant on February 24 1959 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 3 BERGIT A. SWARTOUT ***** ) Claim No. 169-171 4 5 6 7 8 9 82 82 23 23 14 2 6789 6789 6789 19 2 21 2 2 2 2 2 2 2 2 3 Applicant ) MINUTES OF HEARING VS. ) SUPPLEMENTAL MUNDET CORK CORP HARRY A.DUTTON ) INC DUTTON ASBESTOS CO DUTTON ASBESTOS & SUPPLY CO WESTERN ASBESTOS CO BAY CITY ASBESTOS CO LTD CORK INSULATION CO INC WESTERN FIBER GLASS STMENT | 9 STMENT OF INDUSTRIAL RELATIONS DRISION OF INDUSTRIAL ACCIDENTS ) FILED COMPANY GENERAL INSULATION & RUBBER CORPORATION ARMSTRONG CORK CO JOHNS ;) MANVILLE SALES CORPORATION C. C. MOORE & | CO J. T. THORPE & SON INC M. R. CARPENTER AETNA INSURANCE COMPANY STATE COMPENSATION INSURANCE FUND INDUSTRIAL INDEMNITY } MMARAR 19 19 1959 Ra - . _ EXCHANGE INDUSTRIAL INDEMNITY COMPANY LIBERTY MUTUAL INSURANCE COMPANY TRAVELERS INSURANCE COMPANY STANDARD ACCIDENT INSURANCE COMPANY and ) PACIFIC EMPLOYERS INSURANCE COMPANY ) Defendants Place and Time Oakland California - March 16 1959 10:00 A.M. REFEREE REPORTER APPEARANCES DISPOSITION Murphy Naismith - Applicant not present ; . not represented by counsel Western Asbestos Company and State Compensation Insurance Fund represented by Albert Sennett Defendant C. C. Moore & Co. represented by Hadsell | Murman & Bishop Attorneys - Nelson Barry appearing Defendant Industrial Indemnity Company Bay City Asbestos Co. Ltd. represented by Hanna & Brophy Attorneys - Ivan A. Schwab appearing Defendant Industrial Indemnity Exchange Western Fiber Glass Company represented by Hanna & Bropy Attorneys - Ivan A. Schwab appearing Defendant Standard Accident Insurance Company and Travelers Insurance Company Armstrong Cork Co. represented by Hanna & Brophy Attorneys - Ivan A. Schwab appearing Defendant Liberty Mutual Insurance Company Armstrong Cork Co. ) represented by Walter Attorney - Lawrence Weitzer appearing for Kohn Submitted 12 P 107 | Bk FORM 26409 10.55 100M nro ae HEARING MARCH 16 1959 oe Defendant Pacific Employers Insurance Company for J. T. Thorpe & Son Inc. represented by Mullen & Filippi Attorneys - William Mullen appearing Theodore Neidermuller of Sedgwick Detert Moran & Arnold Specially appearing for Aetna Insurance Company and its assured Mundet Cork Corporation EXHIBITS Pacific Employers Exhibit A - Wage statement 11 Standard Accident A - Wage statement " Travelers Insurance - ge statement ISSUES 1. Apportionment of liability Co - ct .. y st a od a ee , Co { i INSAY fu ... MH BGIP A ea. UT : ot ' 7. ' t 10 L wo LE AL L- o CEPCAERTPYARTY FatIBLeEeDPAFILETD EAfl - Be 10958 | My My My eee | ra| | My wo Reconsideration buying beer Ante herein a wine is master having been carefully consine .. includin " vate > of the testimony as will as the : 15 a whole is cathe alon now collies that further proceeds proceeds are not esse Tl a. for the dispoiton disposition of the claim an 1408 113 Decisi wots > of) . Ars Peas 21 > 7): 5). Reconsideration as follows \ GOOD CAUSE TEARING THAN THAN IT IS ORDERED that Fingin I and Award filed hoi. 4, 1058 be and the same is vacated unulled and set aside are that the following Findings and Awari be substituted in i thereof and made the Decision after Reconsideration of this 3. : Commission / : a ee ce et tt cena ae ee | ee ete . . \ ~ ee ot ae alate , ee ee ee 1 ' 1 oG : 2: 3 4H > . oe 1 A rm 1. Joka Ba fs 4 of in the County 10 10 1955 1955 by A b Yar A 1 YS : . 0 45 1 : 2 whi 7 7 . , 7 a . .g : 2 4 7 po subs subs v3 ! pela we employ 1 wal } . 7 : . : both with 3 Ashester Ashester .. ob moa? rho, ANA Le : oa. x vb. pred 5 bestod bestod worker 7 ar 1 aye bac dandary 5. On dandary t ! 1 } 2 1, at lat rising rising rising Oo \ Me } ; born ' he . ststiingng sting a volt tine tine rays de if 3 aa eyva,l 3 otk. or employm.nts employm.nts employm.nts 3 the Western % 10 oryensation oryensation oorryeynesantsioantion oryensation 12 . ra 24 24 +: 3, Toop incur Y - . eae 1 injuri 1 injuri - . voy? Le : . io: h 1908 a or 1908 rhe h ot y ^' ty at th th ce r OF ao Pa. , ", og . Vpn 17 . a Jeo: 20 a 21 21 Poo Sn video 6 ta givede nosic . . de nosic nosic croliave croliave croliave croliave him from from the the ' + oct vt we 4 Nployed Nployed Nployed Nployed * ca establish said coat ves lo said establish ao C ane , Teo i ' on) be ns U3 disbitydisbity IncludingIncluding June June 5 Feby indem, a 12 595 12 2.553 . " wy 1 ne . 1 1 wo C C evid eve idn encce e byby tthhe e injury injury injury 32 os Pas 34 34 . L530 25 22 5 5 herein 70 Tue & adju int . oc was claim was filed filed herein herein within within within one one year year from from the the y date date ssaidaidsaid Q injury injury injury 8. The evidence fails to ont lich that defendants or any 1 of then have en prejudiced by 1 2 I I notice of the claim asserted 27 3 28 29 30 herein 20 Said exployee left survig him his widow Bergit A. Swartout the applicant herein 10. Applicant is entitled to the statutory burial expense of 400 . 11. The employee incurred expense in the sum of 35 for wartout .69-171 vec aft Rec aesemnmmmry ae he ened ae www ** www bo oe se os var wet camer WO AEP cha oo pines ance thu thu Meine abiesate Tantei 3 ve det te Toe ha 2 be Taties SO tbe aoe rn ae . + at . : : : fl - fl - cute gt w WY vera ons Deputy Commissioner Commissioner  een BERGIT BERGIT SWARTOUT EI A TORD., HARRY MUNDET &O CORP Ye MUNDET MUNDET CORK nee , 1958 atop - v te : a ve * , > we rote , cs \ wer rns ate : . t . oe a . , . wee . wt. : poe eg r L- eg ~ wea! cr, sae oh . ah lee . . te . : ' . * 1955 vie . \ meals 19,5 proxi-. .. ve ws. batt nagtat ya ive ice bo : ' * Ir . hye to Ir + ., payable &5 herein the reason / reason / have wondered of not barred barred the whe limitations and that the evidence fails establish tnat notice fails establish lack lack claim have limitations defendants defendants defendants defendants been prejudiced prejudiced prejudiced lack notice notice the claim asserted herein been -prejudic 4by acfeadants Decision after Decision after Reconsideration should issue accordingly CALIFORNIA COMMISSION STATE -- ---- -- --CALIF--ORNIA--,--CALIFORNIA -- ---- -- -- ----,---- ---- -- -- ----,-- | -- ---- -- -- ------,-- ---- -- -- ----,-- Deptty W Commissioner missionet Commissionel 1 | BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO SF 169-171 QQ 4 | BERGIT A. SWARTOUT ; 5 Applicant -VS- ) 6 ) MUNDET CORK CORPORATION et al ) 7 AETNA INSURANCE COMPANY et al ) } 8 Defendants ) ) 9 ORDER LACK DISMISSING OF PROSECUTION DEFENDANT STATE COMPENSATION INSURANCE FUND'S PETITION FOR REAPPORTIONMENT OF OCCUPATIONAL DISEASE AWARD AND CONTRIBUTION AMONG PARTIES , 10 | Notice of Intention to Dismiss Petition for Reapportionment 11 for Lack of Prosecution having having been filed and served on APRIL 18 2 1960 and no objection thereto having been received within the time 32/162 set forth in said Notice 14 IT IS HEREBY ORDERED That Defendant STATE COMPENSATION 15 INSURANCE FUND'S PETITION FOR REAPPORTIONMENT be and it is 16 hereby dismissed for lack of prosecution 17 19 20 21 22 23 MAILED AT OAKLAND 4-29-60 All parties of record as indicated on Order Taking Off Calendar heretofore served under date of July 21 1959 24 25 28 27 28 29 30 DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION FORM 939 43223 9-5 12511 FO BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNI CLAIM NO SF 169-171 JOHN E. SWARTOUT ry Applicant ee e MUNDET CORK CORPORATION et al AETNA INSURANCE COMPANY et al Defendants ) NOTICE OF INTENTION TO DISMISS PETITION FOR REAPPORTIONMENT FOR LACK OF PROSECUTION 10 11 NOTICE IS HEREBY GIVEN that unless good cause be shown 12 to the contrary in writing within SEVEN 7 DAYS from date of 13 service hereof Defendant STATE COMPENSATION INSURANCE FUND'S 14 PETITION FOR REAPPORTIONMENT OF OCCUPATIONAL DISEASE AWARD AND 15 CONTRIBUTION AMONG PARTIES DEFENDANT filed DECEMBER 29 1958 16 will be dismissed for lack of prosecution 17 Daniel 18 DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION 19 MAILED AT OAKLAND 4-18-60 20 Hanna & Brophy Oakland 21 Bergit A. Swartout Smith Parrish Paduck & Clancy 22 Pillsbury Madison & Sutro Atty Walter Kohn Liberty Mutual SF Hadsell Murman & Bishop Sedgwick Detert Moran & Arnold Mullen & Filippi State Colmpensation Insurance Fund Henry G. Sanford Industrial Indemnity Co. 049440 Travelers Ins Co. Oakland B7814289 Standard Accident Ins Co. San Bruno 96C728796 FORM 339 5323 *rood sro * iM . BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNI CLAIM NO SF 169-171 FILAD 3 BERGIT A. SWARTOUT } FILED JULY 21 1959 DAY. - Applicant 4 Applicant ) fis * . ; } 5 -VS- ) NOTICE OF CANCELLATION OF . } 6 MUNDET CORK CORPORATION et al } HEARING AND ORDER TAKING AETNA INSURANCE COMPANY et al OFF CALENDAR 7 Defendants X 8 )) 9 00 11 12 13 14 15 16 17 18 19 N 21 N 23 24 25 26 27 28 23 30 FORM 339 Pes 457e 457e 125'4 Pes NOTICE IS HEREBY GIVEN to the parties in the above entitled case that Petition the for hearing heretofore Reapportionment of scheduled for AUGUST Occupational Disease 3 1959 on Award and Contribution Among Parties Defendant filed by WESTERN ASBESTOS COMPANY and STATE COMPENSATION INSURANCE FUND on DECEMBER 29 1958- has been canclled pursuant to request of defendant State Compensatio Indurance Fund by letter dated JULY 15 1959 and GOOD CAUSE APPEARING THEREFOR IT IS ORDERED That the above entitled matter be and it hereby is taken off calendar and all further now pending herein suspended subject to being action reset on the matter after notice upon request of any of the parties hereto . DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION MAILED AT OAKLAND 7-21-59 - KH 1540 Bergit A. Swartout PO Box 8053 Broadway Station Sacramento Oakland Smith Parrish Paduck & Clancy Financial Center Bldg Pillsbury Madison & Sutro 225 Bush St. San Francisco Aetna Insurance Co. 220 Montgomery St. San Francisco Industrial Indemnity Exchange 155 Sansome St. San Francisco Industrial Indemnity Co. 350 Sansome St. San Francisco Pacific Indemnity Co. 114 SanWsaolmteerStK.ohSann F2r1a6ncFiisnceo St. S.F. Liberty Mutual InLsiaCbo.InMsr.Co. of Wisonein 114 Sansome St. SF Employers Mutual Travelers Insurance Co. 315 Montgomery St. SF 417 Montgomery St. SF Standard Accident Ins Co. Pacific Employers Ins Co. 244 Pine St. SF Sedgwick Detert Moran & Arnold 100 100 Bush St. SF and Bush St. SF San Pablo Ave. Oakland San Francisco Hanna & Brophy Insurance Fund 450 McAllister St. State Compensation Facific Mutual Bldg SF General Accident Fire & Life Assur Corp. Henry G. Sanford Hobart Bldg SF Mullen & Filippi 315 Montgomery St. SF Hadsell Murman & Bishop 405 Montgomert St. SF OAR. 2 3 4 5 6 7 8 10 11 12 13 14 15 220 220 18 19 20 21 22 23 24 | 25 0 N 28 ORDER TAKING OFF CALENDAR - CLAIM SF 169 171 PARTIES SERVED CONTINUED MAILED AT OAKLAND 7-21-59 - KH Mundet Cork Corp. 7107 Tonnelle Ave. HARRY A. DUTTON INC 532 Natoma St. S. R. Dutton Co. 532 Natome St. SF North SF Bergen . N.1 Dutton Asbestos & Suply Co. 532 Natoma St. SF Western Asbestos Co. 675 Townsend St. SF Bay City Asbestos Co. Ltd. 251 5th Ave. Oakland Cork Insulation Co. Inc. 730 5th Ave. N.Y. Western Fiber Gass Co. 739 Bryant St. SF General Insulation & Rubber Corp. 1247 Main St. El Armstrong Cork Co. Lancaster Penn Centro Johns Manville Sales Corp. 22 East 40th St. N.Y. Johns Manville Pittsburg Calif 22 East 40th St. C.C. Moore & Co. 45U Mission St. SF N.Y. J.T. Thorpe& Son Inc. 1351 Ocean Ave. Emeryville Calif M.R. Carpenter 907 Front St. Sacramento Calif Phillip Care Mfg Co. / General Accident Fire & Life Assur Corp. Pacific Mutual Bldg SF 30 POKM 339 432739 125M OPO ae ; STATE COMPENSATION INSURANCE FUND EXECUTIVE OFFICES 450 MCALLISTER STReet SAN FRANCISCO 1 EARL R. HOWARD R. A. YOUNG GENERAL MANAGER ASSY GEN'L GEN'L MGA HC MILLER _ COMPTROLLER DONALD GALLAGHER CHIEF COUNSEL H. LEIMBACH MO MEDICAL DIRECTOR MEDICAL : \. \ ood . , , ' -- -- CHICO LOS ANGELES SACRAMENTO ---- A an 4 Lo ---- a July 15 ---- -- -- EUREKA FRESNO LONG BEACH -- -- -- OAKLAND REDDING 20 1959 SAN BERNARDINO SAN DIEGO SAN JOSE STOCKTON 195 1959 1959 IN REPLY REFER TO Industrial Accident Commission 577-14th Street Room 510 Oakland California Re I.A.C. Claim No. 169-171 No. 319552 John E. Swartout Deceased Gentlemen This matter is 9:00 a.m. at 510 Thayer California now set for hearing on August 3 1959 Building 577-14th Street Cakland In the last few weeks we have received a number of from various persons indicating that there is communications doubt as to whether the information with regard some serious set forth in the letter from the to prior employments as and Welfare Social Security Department of Health Education and correct Administration dated March 29 1956 is a complete statement of the actual employers of the deceased John E. Swartout for the periods indicated therein In addition we are informed by Dr. Hinshaw's officeof will be unavailable for purposes of that he in all probability of Dr. Hinshaw is testifying on August 3 1959. The appearance defendants to necessitated by the refusal of the various party accept his medical reports in lieu of his oral testimony Therefore for the reasons stated above it is respectfully requested that anthde thheearmiantgternowordsecrheeddulteadkenforoff August 3 1959 be canceled defendants to attempt calendar This order will enable your to more complete and exact information as to the various gain of the deceased John E. Swartout and effect a employers proper service upon these persons Very truly yours AS ALBERT SENNETT Attorney - See next page CREATED TO FURNISH PROTECTION TO EMPLOYERS AT BY THE STATE OF CALIFORNIA THE BENEFITS OF THE WORKMEN'S TO GUARANTEE TO THEIR EMPLOYEES THE LOWEST POSSIBLE COMPENSATION LAWS COST AND aay YW Industrial Accident Commission 2 -C -c -c Mrs. John E. Swartout P. O. Box 8053 - Broadway Sacramento 18 California Station Smith & Parrish 501 Financial Center Bldg Oakland 12 California Mundet Cork Corp. 7101 Tonnelle Ave. North Bergen N. J. Harry A. Dutton Inc. 532 Natoma St. . San Francisco 3 California Dutton Asbestos Co. 532 Natoma St. San Francisco 3 California Dutton Asbestos & Supply Co. 532 Natoma St. San Francisco 3 Western Asbestos California Co. 675 Townsend St. San Francisco 3 California Bay City Asbestos Co. Ltd. 251 - 5th Ave. Oakland California Cork Insulation Co. 750 - 5th Ave. New York City N. Western Fibrous Glass Prod Co. 739 Bryant St. San Francisco 7 California General Insulation & Rubber 1247 Main Street El Centro California Armstrong Cork Co. Lancaster Pennsylvania Johns Manville Sales Corp. 22 East 40th St. New York City N. Y. C. C. Moore & Co. 450 Mission St. San Francisco 5 California J. T. Thorpe & Son Inc. Corp. 1351 Ocean Ave. Emeryville California M. R. Carpenter 907 Front St. Sacramento California S. R. Dutton Co. 532 Natoma St. San Francisco 3 California ... July 15 1959 LY , el wa Industrial Accident Commission 3 - C ~, 77 ce - Bay Cities Asbestos Co. 251 - 5th Ave. Oakland California Western Fiberglass 739 Bryant St. Supply Co. San Francisco 7 California General Insulation Co. ; -- bh rw San Francisco California - The Asbestos & Magnesia Chicago Illinois Materials Co. - Asbestos Supply Co. of Seattle Fairbanks Alaska - CPihinlcliinpnaCtaireOhMifog Co., etn whi ee - Tacoma Asbestos Co. of Tacoma Anchorage Alaska - TJera remar Co. of Chicago Haute Indiana - Johns Manville / geen F. we Trenton New Jersey - Insulation Services of Minn Terre Haute Indiana - Hunter Manufacturing Corp. Tucson Arizona of Bristol Pa - Johns Manville Pittsburg California - Pillsbury Madison & Sutro 225 Bush St. San Francisco 4 California ~ Aetna Insurance Co. 220 Montgomery St. San Francisco 4 California Industrial Indemnity Exchange 155 Sansome St. San Francisco 4 California - Industrial Indemnity Co. 350 Sansome St. San Francisco 4 California - Pacific Indemnity Co. 114 Sansome St. San Francisco 4 California Liberty Mutual Insurance Co. 216 Pine St. San Francisco 4 California - 114 Employers Mutual Liab Ins Co. 114 Sansome St. San Francisco 4 California - Travelers Ins Co. 315 Montgomery St. San Francisco 4 California of Wisconsin 1959 Industrial Accident Commission 4 Standard Accident Ins Co. 417 Montgomery St. San Francisco 4 California Pacific Employers Ins Co. 505 Montgomery St. San Francisco 11 California Pacific Employers Ins Co. 3770 Piedmont Ave. Oakland California Sedgwick Deter Moran & Arnold 100 Bush St. San Francisco 4 California Leonard Hanna & Brophy 100 Bush St. San Francisco 4 California Claims Department ---- -- --- --------,, -- -- --- ---- --,, July 15 1959 MORE YORK ARKSBURG JLSA T. LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEXANDER & ALEXANDER Dettled INCORPORATED INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE ~ AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD TELEPHONE Dettled 9.4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE July 27 1960 Mr. William L. Hughes Manager Insurance Department Armstrong Cork Company Lancaster Pennsylvania . : . 7 . Travelers Policy No. RUB 4490459 Dear Sir Please note disposition made of the following claim Date of Accident January 6 1955 Claimant Location John E. Swartout Various cities in California Claim No. 7814289 Disposition 46.50 - Expense Remarks . Indicate Whether Very truly yours & ALEXANDER INC T. LOSS DEPARTMENT . : : Workmen's Comp TT Auto Liability B.I. P.D. - General Liability B.I. P.D. - sjm ACCIDENT ACCIDENT INSURANCE ACCIDENT INSURANCE INSURANCE COMPANY STANDARD a COMPANY STANDARD : COMPANY DETROIT V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 May 24 1960 \) Mr. R. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick Re Claim No. 96-0-728796 John E. Swartout vs Armstrong Cork Company We are in receipt of advices from the Standard Accident * Insurance Company that they have closed their file on the above claim The only expense incurred by them was some legal costs As you probably know on March 4 1958 the California Industrial Accident Commission awarded Bergit A. Swartout > against the State Compensation Insurance Fund a total sum of 2,555.00 for the period January 11 1955 to June 5 1956 Further award was made to her against the Fund of 7,000.00 commencing June 6 1956. Additional awards were made for burial expense in the sum of 400.00 and 35.00 medical costs to Dr. Allen E. Moe With kindest personal regards we are Very truly yours L. P. SHRIVER AGENCY D. B. Edgar May 27 1960 Mr. D. B. Edgar V.L.P. Shriver ^ genay 1801 Union Bank Building Pittsburgh 22 Pa Dear Daves . Subjects John E. Swartout 3 .. " concerning We appreciate and thank you for your May 24 letter of the Swartout claim the disposition Glad Standard Accident only incurred some legal expense Very truly yours JEZ R. C. Schiedt Jr. Insurance Department RCS BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO S.F. 169 171 TELATIONS | CE DEPARTMENT OF JUSTRAL TELATIONS | DIVISION OF INDUSTRIAL ACCIDENTS FILED BERGIT A. SWARTOUT ee } APR 29 1960 | -VS- Applicant } } } MUNDET CORE CORPORATION et al AETNA INSURANCE COMPANY et al ) ) Defendants ; . ORDERDISMISSING OF PROSECUTION DEFENDANT STATE COMPENSATION INSURANCE FUND'S PETITION FOR REAPPORTIONMENT OF OCCUPATIONAL DISEASE AWARD AND CONTRIBUTION AMONG PARTIES 5/3/605/3/60 13 for and Notice of Intention to Dismiss Petition for Reapportionment Lack of Prosecution having been filed served APRIL 18 1960 no objection thereto having been reedived within the time set forth in said Notice IT IS HEREBY ORDERED That INSURANCE FUND'S FETITION hereby dismissed for Defendant STATE COMPENSATION REANPORTIONMENT be and it is prosecution MAILED AT OAKLAND 4-29-60 All parties of record N ~ 22 23 GN DANIEL C. MURPHY REFEREE INDUSTRIAL ACCIDENT COMMISSION 26 27 28 N 30 FORM 297 2975 6-54 125M SPO BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD April 21st 1960 Ri TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt thee 4 67 Claim B 7814289 E. J. Swartout Workmen's Compensation California We have your letter of April 19th in which you advise that Petitions for Dismissal were filed by the Pacific Employers Insurance Company and the Mountain State Mutual Casualty Company and inquiring if the Travelers will file a similar Petition We have written Office today and just as soon as we will be forwarded to you to their Oakland have their reply California the information Sincerely ALEXANDER & ALEXANDER INC I Finlay GENERAL ADJUSTER RCS BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE 2 STATE OF CALIFORNIA CLAIM NO SP 169-171 BERGIT A. SHARTOUT . | . 5 Applicant 6 va. | 7 ARMSTRONG MUTUAL COMPANY } ) FOR DISMISDIS SMA ISSL AL {. Defendants Comes now EXPLOYERS MUTUAL LIABILITY INSURANCE COMPANY CF WISCONSIN a defendant herein and petitions for a dismissal = with prejudice for want of prosecution 14 On or about Juno 10 1953 the Commission issued its 15 Docision After Reconsideration in favor of the applicant against 16 Western Asbestos Company and its carrier State Compensation Insur 17 ance Fund State Compensation Insurance Fund has filed a Petition : for apportionment but no prosecution has been had of the claim 19 since the matter was ordered off calendar on July 21 1959 22 Your petitioner since July 21 1959 has been required 21 to maintain legal files and legal reserves and is still required considerable 22 to maintain such legal files and legal reserves at 23 cost and expense and without apparent cause or reason 24 Your petitioner ellages that the defendants Western 25 Asbestos Company and State Compensation Insurance Fund have not 26 shawn due diligence in proceeding with their claim 5. WHEREFORE it is respectfully prayed that this matter 28 be dismissed with prejudice for want of prosecution and lack of 29 insurance coverage by this carrier for the defendant Armstrong Cork Company 31 Respectfully submitted this 32 day of April 1960 23-38 1-54 J. Patrick Goodwin Atty for Petitioner PARTIES SERVED Box 8053 Broadway Station Sacramento P.O. Borgit A. Swartout Paduck & Clancy Financial center Bidg Calland Par ishParrish Madison & Sutro 225 Bush St. San Francisco Pillsbury Aetna Insurance Co. 220 Montgomery St. San Francisco Francisco ' Industrial Indemnity Indemnity Exchango 155 Sansone SSatn.FrSaanncisco Industrial Indemnity Co. 350 Sansome St. St. Ban Francisco 114 Pacific Indemnity Co. Janson Mr. Walter Kohn 216 Pine St. 5.P. Liborty Mutual Ins Co. Co. 315 Montgomery St. San Francisco Travelers Insurance St San Francisco Francisco Standard Accident Ins Co. 417 Montgomery San Ins Co. 244 Pine St. Bush St. San Francisco Pacific Employers Horan & Arnold 100 Sedgwick Detort SP & 1540 San Pablo , On Hanna & Brophy 100 Bush St. Insurance Fund 450 McAl ister McAllister St. S.F. State Compensation Fac Mutual Bldg S.F. General Accident Fire & Life Assur Corp. . Francisco G. Sanford Hobart Bldg San St. San Francisco Bishop Hadroll Hurman & 405 ontgomery Horth Bergen H.Y. ; undet Cork Corp. 7107 Tonnelle Ave. San Francisco - 11 Harry A. Dutton Inc. , 532 Natoma St. San Francisco S. R. Dutton Co. 532 Ratoma St. St. 12 Asbestos & Supply Co. 532 Natoma San Francisco Francisco DWuetsttoenrn Asbestos Co. 675 Toimeend St. San 13 Calif 739 Rubber 14 Cork Insulation Co. Inc. 730 5th Ave. N.X. St. San Francisco Fiber Glass Co. Bryant 1247 Main St. El Centro Western Ceneral Insulation & Corp. 15 Armstrong Cork Co. Lancaster Penn 40th St. 22 40th Sales Corp. East H.Y. St. S.Y. 16 Johns Manville Johns Manville Pittsburg Calif 22 East Francisco Co. 17 C. Moore & 450 Mission St. San Emoryville & Son Inc. 1351 Ocean Ave. Calif Calif J. T. Thorpe St. Sacramento 18. R. Carpenter 907 o Cenoral Accident Fire & Life Assurance Phil ip Front Phillip Care Ig Co. Mutual Bldg San Francisco 19 Corp. Pacific 20 21 22 32 24 1 VERIFICATION 2 3 J. PATRICK GOODWIN declares under penalty of perjury 4 That bo ia an attorney for the petitioner herein and - that petition 510 is more familiar with the facts alleged in the foregoing than are any of the officers of the petition and for that reason 710 makes this verification on behalf of said petitioner that ho shas shas read the foregoing petition and the same is true of his own mowledge and belief except as to those matters alleged on informa- 1 10tion 10tion 11 or belief and as Dated this tothose matters he believes them to be true | _day of April 1960 in San Francisco - 13 14 15 16 17 18 111919 2 21 22 23 24 T 5-13-60- April 19 1960 Mr. Christopher Hoff Alexander & Alexander 2225 N. Charles Street Baltimore 18 Md Inc. Dear Chriss Subject Claim 7814289 VJ E. Swartout Workmen's Compensation - Calif We enclose a Photostat of a Petition for Dismissal filed April 5 by the _ attorneys for the Pacific Employers Insurance Company in the claim of Bergit A. Swartout Today we got a copy of a similar petition filed by the Mountain Mutual Casualty Company for the sme reason The typing is too to duplicate but Travelers received a copy State faint We are wondering if Travelers will file a similar Petition for Dismis al Dismissal Travelers included a 2,000 reserve in the last three retrospective ratings and Travelers coverage only involved 84 hours of work in California by the late Mr. Bvartout Very truly yours JEZ Enclosure Insurance Department ; at 2 3 4 5 a2 7 9 1010 111 2323 14 15 BY BY THE IM ALL ACCID COMISSIS UP TAS Sa Sa oF we CLAIM NO OF 169 171 BEGIT A. EMANTOT EMANTOT a) applicant applicant Oe VS. on HUNDEY CORK CORPOR13 CORPOR13 st al KITIL INSUMMUCK CORPOR13 SIX os al 5 Defendants { -_ *x wee we wee ee em we me CON NW the def mant C. C. HOOKS & COMPANY and its cerriar MUNAIN ETWA W CADGALLY COMPARY COMPARY and subsits this for Petition for Dismissal for Lack of Proseaction and in support 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ther allege and over as follows That on June 10 1952 your Commiesi.n issued its decision after reconsideration ewarding certain temburung disability ndomnity benefits and death benefits guinst the decansunt Western Asbestos Corany apt its ineurance cavrier Stuga Compensation Insurance Fund in favor of Bergit n swartout | applicant hori hori That suic decision was based on cant's cloction to procenc agalas the defpubt water asbestoa C.many C.many and its insu ancs carrier the State Capinsation Capinsation Insurance Fund under the provisions of Labor Code Section 5500.5 On Deceat r 76 1998 the exten habestos Company and State Cousensation Insurance lum fil a pobition for reapportionment of occunsti na . 159 Vard and contribution a +8 rarties de ndant A hearing up this potitlun was set for March 1 2 3 4 0 10 11 2312 2313 14 1615 16 17 1819 20 16 1959 in Oakland California When matter for heeting at the request of counsel for Wester Costany and State Compensation Insurance Fund t reset for a full morning on August 3. 1:59 > July 15 1959 counsel for western atb and State Cossensation Insurence Fund requested requested of the hearing of August 3 1959 and that an or mater off calendar be issurd In response to th your Commission on July 21 1959 issued a nati ion of hearing and an order taking off caleras,caleras, That counsel your petitioner is infer end on the basic of such information and belief this retitionhears a meritorious defense becaus ment by the saplayer was outside the State of Ca contract of hire not made in California Infor _ subaltter to counsel for the State Fund as foll 1. Ar Swartout wan employed by C. A January 9 1950 his work was stoc on Jam Mr. Swartout was neployed as an asbestos vorker through the asbestos Workers Union in El Vase 2 Hr Svartcut worked three full verks wenk Curing the above period His rate of pay taste In adition Mr. Swartout was raid oight tion to the job and sight we traveling ti 23 Paso Mr. Swartout's pays pays 90.00 & 9 65 three weeks plus sixteen hour travel time in 36.10 or a total or 306.00 This petitioner une his insurance carria 29 by this c^rductin that they are being unnecess 30 30 1 16 1959 in Oakland California When the Batter 2 for hearing at ther equest of counsel for Mogte 3 Cobrany and State Compensation Insurance Fund t 4 reset for a full morning on August 3 1759 - 6 On July 15 1959 counsel for hestern atb and State Compensation Insurence Fund requested 8 of the hearing of August 3 1959 and that an or matser off calendar be issud In reapse to th 9 your Commission on July 21 1959 issued a nati nati 10 ion of hearing and an order taking off calerce,calerce,calerce, calerce,calerce,calerce, calerce, . 11 That counsel your petitioner is infer 12 and on the basic of such information and beli 13 this retitioner has a meritorious defense becaus 14 sent by the employer was outside the State of C 15 contract or hire not made in California Infor 16 rubaitter to counsel for the State Fund as foll 17 1. Ar Swartout war employed by C. C. A 18 January 8, 1950 und work was cast Jan 19 Mr. Swartout was neployed as an asbestos work . 20 through the bestos Workers Uni in El Vase 21 2. Hr Svartent worked three full verks 22 23 24 25 N 27 28 29 30 wenk Curing the above period His rate of pay Mur In adsition Mr. Swartout was raid oight tion to the job and eight wea traveling ti Paso Mr. Swartest's peyvas peyvas 90.00 & work of. three wenks plus sixteen hopre travel time in 836.10 or a total of 306.00 This petitioner une his insurance carria by this corduct in that they are being unnecess H to curry reaves in the case in #pite of the want of prosecution 3 and in spite of a valid and monitoriumonistorius defenze to the claim GRE WE GRE 1s is respectfully roquested that your 4 Commission issue bse order disissing the petition for reap- 6 portionsins of sccusational clase award and contribution waing parties denn with prejudice prejudice 7 Bated - Acril 13 1960 Respectfully submitted 9 10 111 1122 1133 14 1415 1616 17 17 18 19 22 21| 23 23 24 25 26 27 28 29 NAI OT SAN FRAM 1500 4/27/601 4/27/601 Bargit A.Martout O Box 8053 Broadway Station Sacramento Bush Smith Parrish duck & Clancy Inancial Center Bldg klad klad Pillsbury disobutro disobutro disobutro 225 Bush St. San Francisco Astne Infitance Co. 220 Mont St. San Francisco Industrial Indemnity Erch.ngs 15 tansbar St. San Francisco Industrial Indemnity Co. 350 #sone #t San Francisco Facific Indemnity Co. 11. 11. 11. San Francisco Liberty Mutual Insurance Co. Mr. Walter Kohn 216 Piko b & 7 F. Employers Mutual Liab Ins Co. of Wisconsi1n1 Enso St. S. F. Travelers Insurance Co. 315 Mortgomery St. S. . Standard Accident Ins Co. 417 Montgomery St. 5. 7 Pacific Haplayers ina Co. 244 Fine St. OF Sedgwick Lesers Moran & Arnold 100 ban St. BF St. Hana bro 100 Bush St. BF and 1940 can abiv c Oakland San Stase Cusrensution insurmoes Fund 450 McAllister St. San FranciFsrancis Francis rary General Accident Accident Fire s Life acsub Cor Pacific Poul BlBd ldg g , Allen A Filipe 315 Muntary t GF anet Cark Conn 7207 Tempolls Ave. North Berger Burry A. Button Inc. 502 Natose 50. 7 2. 1. Mutton Co. 532 Natoma Ct EF Dutton a bestos & Supply Co. 532 Recom It BP Western bestos Co. 675 Townsend St. OF Bay City Arbestes Co. Len 251 5th avo Oakland ~ Cork Inglation Inglation Co. Inc. 750 5th 78. K.I. oo x N.X. Fiber Fiber neral Insulation Insulation & Rubber : 2047 Main St. El Centro foli * C^kto Nancaster O Bie Johns Runvill 1iles Cor 42 L0 40th St. B.Z. . Johns Manvil's Pittsburg aston 2last 7th St. R.Y. C. C Wure ' Co. 450 aston Ste, iF Je T hurve a 857 Inc. 1351 Sou nAvenue Entryville Gu115 be Fe Carventer Carventer 857 Frant it Cueruminto Cai halianCe Mig Co. o Gral coldent Firm & Life sur 30 3 WaWa mg 110/9 PE meee . fi Le oe - _ Mas. woe ~~ ee tte ~: mee > ere ~_ ae ae pe . we mS ae ow dee ee -_ ele vee . Le - ~~. ~ Ow ett Ne etn Lene Se i ee oy, 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 CLAIM NO SF 169-171 3 4. BERGIT A. STARICUT at 5 Applicant b 0780 et 7 MUNDET CORK GORPORATION GORPORATION of al et AETNA INSURANCE COMPANY of al et 8 Defendazha Ne 9 ee PETITION FOR DISMISSAL FOR LACK OF PROSECUTIPOROSECNUTION COMES NOW defendant Facille Employers Insurance Company with this its Petition For Dismissal For Look of Prosecution in the above entitlod natter and in this connection shows an That on June 10 1958 your Commission issued its Decision After Reconsideration awarding certain temporary disability indemnity benefits and death benefits against the defendants Western Asbestos Comparty and its insurance carrier State Compensation Insurance Fund in favor of Bergit Swartout oe the applicant heroin L That said decision was based on applicant'ap liscant's election te oo a pressed against the defendant Western Asbestos Company and its insurance carrier the State Compensation Insurme Fund under the provisions of Laber Ocie Section 5500.5 On December 26 1958 the Western Asbestos Compary and State Compensation Insurance Fund filed a Petition For Re- apportionment of Occupational Disease Award And Contribution Among Partics Defendant A hearing on this Petition was set Oakland fofr or March 16 195 on Oakland Californie When the matoes was called for hearing at the request of counsel for Wastern Asbestos and State Compensation Insurance Fund the matter was set for a full morning on August 3 1959 ele On July 15 1959 counsel for Western Asbestos 2 Company and State Compensation Insurance Fund requested a 3 cancellation of the hearing of August 3 1959 and that Order 4 In 4 taking the matter calendar be issued response to this request your Commission on July 21 1959 issued a Notice of Cancellation of Hearing Order Taking Off- 7 Calendar Although defendants Western Asbestos Company and State 9 Compensation Insurance Fund were requested on November 20 1959 to dismiss the For Apportionment or have the matter 1010 Petition set down for hearing nothing has been done to bring the 12 matter to a final decision 13 Your petitioner is prejudiced by this conduct in that 14 it is being unnecessarily obliged to carry reserves on 15 case in spite of the want of prosecution even though 16 that it has a meritorius defense to the claim the it feels 17 WHEREFORE it is respectfully requesterdequested that your 18 Reapportion- Commission issue its Order dismissing the Potition For 19 ment of Occupational Disease Award And Contribution Among Parties Defendant with prejudice 20 W 27 ; Respectfully submitted MULLEN & FILIPPI Attorneys for PACIFICEMPLOYERS INSURANCE INSURANCE INSURANCE COMPANY 13 O'FRUEH BY ' J. JOHN J.O'BRIEN : 28 29 30 Dated at San Francisco California this 5th day of April 1960 32 020 e 1 PARTIES SERVED 2 Bergit A. Swartout P.O. Box 8053 Broadway Station Sacramento Smith Parrish Paduck & Clancy Financial Center Bldg Oak~ land 3 Pillsbury Madison & Sutro 225 Bush St. San Francisco Aeima Insurance Co. 220 Montgomery St. San Francisco 4 Industrial Indemnity Exchange Exchange 155 Sansome St. San Francisco Industrial Indemnity Co. 350 Sansome St. San Francisco 11. 5 Pacific Indemnity Co. Sansome St. San Francisco Liberty Mutual Ins Co. Mr. Walter Kohn 216 Pine St. S.F. ~ Employers Mutual Liab Ins . Co. of Wisconsin 114 Sansome S.F Travelers Insurance Co. 315 Montgomery St. San Francisco 7 Standard Accident Ins Co. 417 Montgomery St. San Francisco Pacific Employers Ins Co. , Pine St. San Francisco Sedgwick Detert Moran & Arnold 100 Bush St. San Francisco Hanna & Brophy 100 Bush St. St. SF & 1540 San Pablo Ave. Oakland 9 State Compensation Insurance Fund 450 MoAllister St. S. F. General Accident Fire & LifeLife Assur Corp. Pac Mutual Bldg SF Bldg 10 Henry G. Sanford Hobart San Francisco . Hadsell Muman & Bishop 405 Montgomery St. San Francisco Mundet Cork Corp. 7107 Tonnelle Ave. North Bergen N. Y. Harry A. Dutton Inc. 532 Natoma St. San Francisco 12 12 S. R. Dutton Co. 532 Natoma St. San Francisco Dutton Asbestos & Supply Co. Co. 532 Natoma St. San Francisco Western Asbestos Co. 675 Townsend St. San Francisco Bay City Asbes tos Co. Ltd.Ltd. 251 5th Ave. Oakland 1/4 Cork Insulation Co. Inc. 730 5th Ave. N. Y. Western Fiber Glass Co. 739739 Bryant St. San Francisco 15 General Insulation & Rubber Corp. 1247 Main St. El Centro Armstrong Cork Co. Lancaster Ponn 26 Johns Manville Sales Corp. Johns Manville Pittsburg Calif 22 East 40th St. N. Y. 17 C. C. Moore & Co. 450 Mission St. San Francisco J. T. Thorpe & Son Inc. 1351 Ocean Ave. Emeryville Calif 18 M. R. Carpenter 907 Front St. Sacramento Calif Phillip Care Mfg Co. O General Accident Fire & Life Assurance A Corp. Pacific Mutual Bldg San Frand sco Q BALTIMORE NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO . LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO NEW ORLEANS MIAMI PHILADELPHIA ALEXANDER & ALEXANDER INCORPORATED INSURANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD August 20th 1959 AUG 21 1959 WN TELEPHONE TUXEDO 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt ' B 7814289 re J. E. Swartout A January 6 1955 We advised by the Oakland California of the Travelers Insurance Company that this case is Office Accident Commission still pending before the Industrial their defense state that they hope to be successful in They but as in all these asbestosis cases they never of the case are sure of that Consequently they are carrying reserves other of 2,000 fata 80 funeral expense and 250.00 expense ' The Travelers further state that the to litigation appears be nearing to have a favorable award within its the end and that next several they trust months The above is for your information and file Sincerely ALEXANDER & ALEXANDER INC / Al GENERAL ADJUSTER ADJUSTER R INTER OFFICE COMMUNICATION To J. S. Taylor San Francisco From J. E. Zeller Lancaster Subject Disability and Death Clain John E. Swartout = mstrong CONTACTING CORONATION August 6 1959 AIR MAIL As requested in your July 30 memo we have turned over all papers attached thereto concerning the death claim for John E. Swartout to R. C. Schiedt of the parent company's Insurance Department Bear in mind that the only information which they can furnish from Lancaster is the dates of employment contract numbers on which the employee worked and earnings Any other information including a wit ness required by Hanna and Brophy will have to be supplied by your office / , R. C. Schiedt Insurance Department Armstrong Cork Company Lancaster Pa y NOTE TO C. SCHIEDT We attach Taylor's memo of July 30 and the attachments thereto for your refer- ence - : oo * FORM 33377 12-87 INTER OFFICE COMMUNICATION To J. E. Zeller Lancaster From J. S. Taylor San Francisco Subject Disability and Death Claim John E. Swartout Armstrong Cork Company July 30 1959 rmstrong 8/5/59 --- & am enclosing correspondence from 1959 my reply of April 3 1959 Hanna Brophy and dated March 24 for a witness dated June 23 1959 request from Hanna & Brophy I have informed Mr. Schwab of handled Hanna & Brophy that this matter by his Company rather than office direct with the Armstrong Cork through our District Office He did me this morning that the case has the August 3rd date is concerned gone off calendar as tell far as Will you please turn these in the Armstrong Armstrong Cork papers Company for DJM over to further the proper follow up individual LIKE THIS ---- -- YOUR 8/2 / ---- ---- PP FORM 33377 12-57 WARREN L. HANNA DONALD R. BROPHY WALTER JAKOBSEN IVAN A. SCHWAB ROBERT N. MAC LEAN JOHN A. MAC DONALD EDWARD P. MC ALEER HERBERT C. JENSEN EDWARD W. KORAB M. MC ELRATH THOMAS B. RICHARDSON DONALD V. MITCHELL GEORGE W. BONNEY LAW OFFICES OF HANNA & BROPHY 1540 SAN PABLO AVENUE OAKLAND 12. CALIFORNIA TEMPLEBAR 2-5569 June 23 1959 SAN FRANCISCO OFFICE - 100 BUSH STREET SAN FRANCISCO 4 FRESNO OFFICE SECURITY BANK BLDG FRESNO 21. CALIF SACRAMENTO OFFICE 926 J STREET SACRAMENTO 14 CALIF SAN JOSE OFFICE 2000 HEDDING STREET SAN JOSE 28. CALIF Armstrong Contracting & Supply Corp. 304 Shaw Road South San Francisco California Attention John S. Taylor District Manager Gentlemen Re Bergit A. Swartout widow of John E. Swartout vs. Mundet Cork Corp. et al I.A.C. No. 169-171 This will confirm my telephone conversation with you in which I advised that we would like to have a witness present present at the further hearing that has been set in this case to testify with regard to the type of materials used on your jobs where the decedent was employed as set forth in your letter of April 3 1959. The hearing is set for all morning beginning at 9:00 A. M. on August 3 1959 at 510 Thayer Building 577 - 14th Street Oakland I would like to have the witness present about 10:00 A. M. as I would like to see how the hearing is going before putting our witness on . I would appreciate definite advice from possible as to whether you will be the witness or other individual will be present you as soon as whether some Very IAS c.c. Travelers Ins Co. c.c. Oakland 7814289 Standard Accident Ins Co. 840 West San Bruno Ave. San Bruno Calif 96 0 728796 truly Salwa, - Mr. Ivan A. Schwab ~2 = April 3 1959 of 85 Magnesia block was used for the hot water storage tank the above information will be of service to you Please Wleethoupse know if there is any further assistance we can give Very truly yours ARMSTRONG CONTRACTING & SUPPLY CORP John S. Taylor District Manager 7 DJM CC Travelers Insurance Company Oakland Standard Accident Insurance Company San Francisco R. C. Schmidt Jr. Insurance Dept. Armstrong Cork Co. Lancaster -- ee aR nee Nene emai | cee eee a. WARREN L. HANNA DONALD R. BROPHY WALTER JAKOBSEN IVAN A. SCHWAB ROBERT H. SCHIECK ROBERT N. MAC LEAN JOHN A. MAC DONALD EDWARD P. MC ALEER HERBERT C. JENSEN EDWARD W. KORAB EDWARD J. M. MC ELRATH THOMAS B. RICHARDSON LAW OFFICES OF HANNA & BROPHY 1540 SAN PABLO AVENUE OAKLAND 12 CALIFORNIA TEMPLEBAR 2-5569 March 24 1959 . Armstrong Cork Company 304 Shaw Road South San Francisco Calif Attention Mr. J. S. Taylor : . SAN FRANCISCO OFFICE 100 BUSH STREET SAN FRANCISCO 4 CALIFORNIA FRESNO FRESNO OFFICE OFFICE SECURITY CALIFORNIA SACRAMENTO OFFICE 926 J STREET STREET SACRAMENTO 14 CALIFORNIA SAN JOSE OFFICE SAN OFFICE 585 No. FIRST STREET SAN JOSE 12 CALIFORNIA os Gentlemen Re Bergit A. Swartout Widow of John E. Swartout vs. Mundet Cork Corp. et al I.A.C. No. 169-171 In the above entitled matter we appear both for Standard Accident Insurance Company and Travelers Insurance Company who , at different times were your insurance carrier Proceedings were brought against State Compensation Insurance Fund as insurance carrier for Western Asbestos Company The Industrial Accident Com- mission held that John E. Swartout contracted asbestosis which caused disability and death and made an award against the State Fund It now seeks to apportion the total liability by establishing that there was also exposure asbestos while the decedent was work- ing for other employers We are interested in knowing whether there is affirmative evidence that can be produced that will establish that there was no exposure to asbestos during all or any part of the employment for Armstrong Cork Company employments in which we are interested are as follows . . 1. In March and May 1949. Carnation Company Stockton Apparently this was at the : 2. In June 1951. This apparently was at Steam Plant of Pacific Gas & Electric Company the Contra Costa " 3. June 1951 through September 1951. This was in Alaska With respect to this employment we want to know whether it was under a written an oral contract and whether the contract of employment was made in the State of California or in Alaska as well as information as to the type of work done 3/24/59 . Page Res Page = 3 Page Page 3/24/59 3/24/59 magnesium Union Jenuer magnesia 16, 1995. This 27, 1954 % yz 4n San shipyards e From December December December Pacific was work work4 From San was Francisco Francisco Pacific Shipyards Shipyards in San Bethlehem Pacific find 4 copy Le tter Shipyards Enel Enclosed Enclosed ee find a The from The the Encloseddated EdncalotseedpdleSeptaemberseSeptemberSeptdember ifc feroenp t 1y 956 lTeth tere fmerntoim oney d o mentionu s t rhe magnesia cork different jobs mentioned mentioned testimony testimony against Western Asbestos Kelly Company establishedrepresentative through through testimony testimony Asbestos Wayne business representative 16 of 16 of the Asbestos Workers Asbestos Asbestos magnesium and asbestos us whether you please advise you to which Will Will yopulease advise whether you used magnesia contained also asbestos asbestos are which orders other work any sort sort through which are are now be other that cork and types non asbestos qt insulation insulation established jobs on which workecdontrolinsulaatinon d name name thethepeperrssononwho those . control control could testify . control Very hearing hearing Ivan Schival Enc c.c. c.c. CeCe 7814289 Co. Oakland Standard Acc 7814289 ) Standard 728796 Co. S.F. C 6 728796 5. F. (96 ptember wesenclo charge wesenclo our years the yearAsrmstrong's was Armstrong's and Armstrong's a Travelers Travelers Travelers and Travelers th Travelers Travelers Travelers ^' 0) Judson addition employ worked 176 ha pAa pparently aie addition JudsonJ1 udso7 n 6 our Tay emploEylmStreet SanBruno ( Street addition Tay RS workingcouldcould MrcoM nditionsrany employ additionaladitional Managerof wwitih th Swi our San Franc could conditions additional workingworkincgonditionsccondoitinonsditioncosnditions any any detailsdetails regarding ndard defentsef heolr aIIw rmrnmdndarda Ler onadrd enclosedfor on on aE eer j corresp ae mh B e0%: TEnss;ur<a Armstrong CORPORATion Subsidiary of Armstrong Cork Company APR 6959 ws, ae SOUTH SAN FRANCISCO April 3 1959 346 SHAW ROAD CALIFORNIA Mr. Ivan A. Schwab Hanna & Brophy 1540 San Pablo Avonum . Oakland 12 California ~ ; ; Subject Bergit A. Swartout Widow of John E. Swartout vs. Mundet Cark Corp.p ot al I.A.C. No. 169-171 1-10-55 Dear Mr. Schwab sPubljecet asusbejectrefer to your letter dated March 24 1959 on the above . There is no affirmative affirmative evidence that time to establish that there can be produced at this or any part of the was employment of no exposure Mr. to asbestos during Armstrong Cork Company Our contract John E. Swartout by the qsucehsetdiuolne have been destroyed in keepingrewciotrdhs ouorn ntohremajlobsretienntion . Pacific Pacific On each of the jobs referred to in your letter with the of No. 1 Carnation Carnation Company Stockton a exception contained 15 or less Asbestos Magnesia product which Carnation milk long fibers was used On the was used job cork covering containing no asbestos fiber The additional fact that on the Pacific Gas & Company job the Alaska work and the Bethlehem Electric work a goodly portion of the materials used Shipyard fiber Such materials as cork contained no asbestos were also employed covering , and mineral wool products With respect to involved in the his employment in Alaska hiring He was hired no written contract was the International Association of Heat through Local No. 970f 970f . Asbestos Workers of and Prost Insulators and The Anchorage Alaska type of work involved on an open call for men housing project at Fort applying insulation on a government government Richardson near Anchorage Alaska Materials installed consisted of covering for the Heating Heating and PlumbFiinbgersgylsatsemasnd AWooslmalFlelt pipe - quantity Mr. Ivan A. Schwab -2 April 3 1959 of 85 Magnesia block was used for the hot water storage tank We hope the above information will be of service to you Please let us know if there is any further assistance we can give Very truly yours ARMSTRONG CONTRACTING & SUPPLY CORP , Taylor John S. Taylor District Manager . DJM CC Travelers Insurance Company Oakland Standard Accident Insurance Company San Fra misco R. C. Schmidt Jr. Insurance Dept. Armstrong Cork Co. Lancaster Lancaster November 12 1958 Mr. Howard P. Wittal Toenmeier Adjustment Service 39 N. Duke Street Lancaster Pa Inc. Dear Mr. Wittels Subjects John E. Swartout Deceased vs. Armstrong Cork Company File 2853 letter of November 10 you requested employment information on the In your of Employers Mutual Liability Insurmos named individual on behalf Company We have no objection to releasing this information to Employers Mr. Bwartout was never employed at our Mutual but we do wish to add that California manufacturing plant where Employers Mutual was carry- Bouth Gate ing the workmen's compensation insurance Here is the information you requested Week Ending Date 3/6/49 3/13/49 3/20/49 3/27/49 5/15/49 5/22/49 6/3/2 6/10/51 6/27/51 77//2/22 /2 7/8/51 7/25/52 7/22/51 7/29/51 8/5/51 8/12/52 8/19/51 8/26/52 9/2/12 No. of Days ... ... ... ... NANO7466onvo NAO746 6onvo NANO7466onvo NAO746 6onvo NANO7466onvo NANO7466onvo NANO7466onvo NANO7466onvo NANO7466onvo NANO7466onvo NAO746 6onvo NAO746 6onvo NANO7466onvo NANO7466onvo NANO7466onvo Houra Q99922 Q99922 Q99922 Q99922 Q9 92 Q99922 29299 29299 29299 29299 29299 23 * 12 99999WG9G 34 99999WG9G 1h 99999WG9G 99999WG9G 14 99999WG9G 99999WG9G 12 99999WG9G 1k 99999WG9G 14 99999WG9G Wages 17.28 34.56 86.40 6.40 52.84 51.84 41.36 103.40 41.36 215.25 439.25 229.25 295.75 295.75 295.75 295.75 295.75 243.25 295.75 295.75 295.75 State Stockton Calif Stockton " a * os * * Antioch Calis fi * Aleska * s 4 * a . . * " . . * s ee Mr. Howard P. Wittal 2 November 12 1958 Week Ending Date 6/13/54 6/20/54 67//247//5544 1/2/55 1/9/55 2/26/55 No. of DEVE vnnv vnnv vnnv vnnv 774 774 774 Hours 2998 2998 2998 2998 40 40 4 Waxes 113.60 152.00 152.00 108.40 226.80 277.20 | 12.60 State Washington Washington Ban Francisco Calif r 8 . #Additional Overtine Hours our A complete review of records reveals that the above data covers the entire employment of Mr. Swartout with Armstrong Cork Company Very truly yours ARMSTRONG CORK COMPANI JEZ Wallace B. Hofferth Assistant General Manager Insurance Department NOME OFFICE Philadelphia 6 Pa BRANCH OFFICES Chambersburg Harrisburg Pa Lancaster Pa Pittsburgh 22 Pa Warren Pa York Pa , Adjustment TOENSMEITER OENSMEIER Adjustment Service Adjustment ServiceIncI.nc. INSURANCE ADJUSTERS for the Companies 39 NORTH DUKE STREET F.T. THEOBALD RESIDENT MANAGER LANCASTER PENNA PHONE EXPRESS 4-3728 NIGHT EXPRESS 4-4206 OFFICES it BRANCH OFFICES Easton Md Hagerstown Md Newark 2. N.J. * New York 38 Y. * Wilmington Del November 10 1958 NOV 1958 WIH Armstrong Cork Co. Liberty & Charlotte Sts Lancaster Pa uo = Attention Mr. Hofferth Re John E. Swartout deceased v Armstrong Cork Co. Our File 2853 Dear Mr. Hofferth You will remember that I discussed this case with you personally in . your office several weeks ago I am now advised by the company that ~ the only thing that will safeguard their position in this case is a letter from you setting forth all the dates of Mr. Swartout's employ- ment your good Company the places employment employment occupational duties earnings and a brief statement to the effect that this data covers all of the employment of this claimant after a complete review of your personnel records additional I am sorry to burden you with this request but the Employers Mutual Liability Insurance Company states this is to be presented to the proper authorities for final disposition of the matter Thank you very much for your cooperation HPW Very truly yours Toensmeier Adjustment Service Inc. pate Howard P. Wittel Wittel Wittel Wittel u- | Adjuster . . s I talked with Charles home regarding of find 1958. He admitted hy was not in ine 25 1950 & January of of Novemb 1951 effeff 4-7-58 6-19.58 6-19.58 caleforce EMPLOYERS MUTUAL EMPLOYERS LIAbility MUTUAL PCS insurance COMPANY OF WISCONSIN FIRE INSURANCE COMPANY HOME OFFICE WAUSAU WISCONSIN Armstrong Cork Company Ri - Liberty and Scarlet Streets Lancaster Pennsylvania 4138 4138 il Address Reply To EMPLOYERS MUTUALS OF WAUSAU 300 MOUNT LEBANON BOULEVARD PITTSBURGH 34 PENN LOCUST 3-2224 April 3 1958 Attention Mr. R. C. Schiedt Jr. Insurance Department John E. Swartout v Armstrong Cork Company Claim A42-35421 Gentlemen your Persuant to my telephone conversation with Miss Sukits in Pittsburgh office I am writing to you directly . The matter that am writing to you about concerns certain information that I need about a former employee whose name is John E. Swartout His social security number is 472-10-9876 It is my understanding that this man was not employed at your South Gate Plant in California nevertheless I will still need certain information to properly defend and action by the widow of John E. Swartout This former employee has been given an award in the sum of 7,000 which is a death benefit He has also received a sum of 2,550 for temporary disability due to an occupational disease of asbestosis This award of course includes a 400 burial expense sum This award was granted by Referee Purvis of the California Commission I am now interested in obtaining the following information 1 The exact dates of employment 2 Location of the plant or plants during the course of employment and 3 The type of occupation he persued I. would appreciate this information to embrance the period from November 28 1950 until January 24 1951 I will need this information even though this employee was not employed at a plant which we insure It is my understanding that we only insured your South Gate Plant Will you please send me this information at your earliest convenience Thanking you for your cooperation I remain CSkomski P dm oe Yours very truly ne Charles Charles Bromsh BroBmshromsh Bromsh i Em A _ Claim Department 35 35 We peo than he April 2 1958 Mr. Charles Scomaki Exployers Mutual of Wausau 300 Mt. Lebanon Boulevard Pittsburgh 34 Pa Dear Mr. Scomskis . Subjecti John E. Swartout - 472-10-9876 Swartout 1/10/55 1/10/51/10/55 A letter from our district office in Pittsburgh states you requested certain information concerning Mr. Swartout and left our employee who was taking your phone call under the impression that Swartout's employment was covered by an Employers Mutual workmen's compensation policy Prior to 1952 Armstrong Cork Company did have a policy with Exployers Mutual covering our manufacturing operations in South Gate California however was not employed at our South Gate Plant Mr. Swartout ARMSTRONG CORK COMPANY JEZ R. C. Schiedt Jr. . Insurance Department a ; Miss R. M. Sukits AC Pittsburgh RCS Armstrong CONTRACTING AND SUPPLY CORPORATION Subsidiary of Armstrong Cork Company POST OFFICE BOX 48 14TH STREET AND ALLEGHENY RIVER PITTSBURGH 30. PENNSYLVANIA March 31 1958 APR William L. Hughes Insurance Department Armstrong Cork Company Lancaster Pennsylvania adrestrain Mr. Hughes Subject John E. Swartout 472-10-9876 died 1-10-55 Last Friday March 28 1958 I received a phone call from a Mr. Charles Scomski of Employers Mutual of Wausau Mr. Scomski told me that his company insured Armstrong Cork He asked me if I could possibly obtain for him information concerning the 5.30-56 5.30-56 5.30-56 1-10-55 bah 5.30-56 ogee) fi by . subject employee Mr. Swartout is from the state of California He worked for us from November 28 1950 to January 24 1951. The reason for his termination was illness The following is a list of the information requested 1. 2 3 4. Exact dates of employment Location of Work Type of occupation Where he worked from Nov. 28 1950 to Jan. 24 1951 As this information is not available at this office I would appreciate any help you can give me regarding this problem If would wish to forward information directly to Mr. Scomski his address is Mr. Charles Scomski Employers Mutual of Wausau 300 Mt. Lebanon Blvd. Pittsburgh 34 Penna Phone LO 3-2224 you Very truly yours ARMSTRONG CONTRACTING & SUPPLY CORP - RS + Miss R. M. Sukits cad H . BALTIMORE New NEW CLARKSBURG KO "LOS LOS ATLANTA PITTSBURGH SAN, SAN NEW NEW MIAMI Ls - ied ALEX+ANDER & 5 ALEXANDER INCORPORATED AVERAGE ADJUSTERS 2225 AVERAGE ADJUSTERS INSURANCE ACTUARIES CONSULTING CONSULTING ACTUARIES ACTUARIES guly 3rd, 1957 TELEPHONE TUXEDO 304 9-430: TELEPHONE TELEPHONE TUXEDO TELEPHONE TELEPHONE BELL SYSTEM Mr. Mr. R. Schiedt Schiedt Insurance Department Armstrong Armstrong Department Lancaster Pennsylvania 7 : rer.) . . . . . Dear Dear Schiedt . Workmen's Compensation Clain Workmen's Workmen's Compensation Compensation Claim E.Swartout E.Swartout - 1/10/55 1/10/55 We have today received a reply to our various elected the above received inquiries regarding that there has been nothing. The Travelers state there been nothing handed since December 6th the final decision the hearing decision not having been 1% died handed down down yet At he had the last one , developed that the apepxlcilcuasnitvealsy with the right Compensation Insurance Insurance his remaenddythe Liberty Mutual Insurance Insurance Fund not furnished us with amount amount The company has are writingfor the amount they are carrying and we communicate information Just Just available we will again you as soon as it is you Sincerely . .. 5 * 5-30-5 5-30-5 5-30-5 ALEXANDER ALEXANDER ALEXANDER INC LOSS LOSS DEPARTMENT hoo \be cb! ' LA wa Gs 8-7-572 8-7-572 June 28 1957 - Mr. Christopher Hoff Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Md Dear Christ Christ Subject | Workmen's Compensation Claim John E. Swartout - 1/10/55 Clain 781 - California the May 28 we wrote you regarding above subject Is Travelers carrying a reserve or has the claim been closed without payment Very truly yours R. C. Schiedt Jr. Insurance Department Mr. Christopher Hoff Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Md Dear Christ Subjects Workmen's Compensation Claim John E. Swartout Clain 7814289 - California was held A hearing on the above case December 6 1956 with more than a dosen employers named as defendants in this death claim involving possible asbestosis Will you give us the present status of this claim and show amounts paid or reserves established Very truly yours JEZ R. Schiedt Jr. Insurance Department 55 March 28 1957 Mr. G. H. Finlay Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Md Dear Mr. Finlay Subjects Workmen's Compensation Claim John E. Swartout - 1/10/55 Claim 7814289 - California We are wondering if you heard the results of the hearing held December 6 1956 on the above claim Very truly yours ARMSTRONG CORK COMPANY JEZ R. C. Schiedt Jr. Insurance Department ACCIDENT INSURANCE STANDARD COMPANY _ COMPANY STANDARD STANDARD : COMPANY DETROIT 73-247- V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 73-247- 73-247- 73-247- November 14 1956 11/15/16 11/15/16 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick Re 96 728 796 Armstrong Cork Company John E. Swartout 1/10/55 Thank you for your letter of November 13th advising that hearing in the captioned case has been changed from Room 206 1531 Webster Street to Room 510 577-14th Street We have notified the Claims Office of the Standard Accident in San Francisco Very truly yours V. L. SHRIVER AGENCY Cele D. B. Edgar DBE map November 13 1956 Mr. James E. Fennon Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Maryland Dear Jins Subject Clain 55 SF 169-171 - Bergit A. Swartout the California Industrial Accident Commission We received notice from Oakland December 6 1956 has been that the hearing to be held iWenbster Street to Room 510 577 14th from Boom 206 1531 on changedStreet . . . Very truly yours . R. C. Schiedt Jr. Insurance Department November 13 1956 Mr. D. B. Edgar V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Dear Dave Subjects Clain 55 SF 169 - 171 Bergit A. Swartout the California Industrial Accident Commission We received notice from Oakland December 6 1956 has been that the hearing to be held in Street to Room 510 577 changed from Room 206 1531 Webster 14th ' Street R. C. Schiedt Jr. Insurance Department _ ACCIDENT INSURANCE INSURANCE COMPANY COMPANY COMPANY . V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 November 5 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick NOV 6 1956 WIH Re 96 728 796 Armstrong Cork Company John E. Swartout 1/10/55 Thank you for your hearing advising that be held on December in the , 1956 letter of captioned November 2 case will Office We have notified the San of the Standard Accident Francisco Claims Very truly yours V. L. P. SHRIVER AGENCY DBE map November 2 1956 Mr. James E. Fannon Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Maryland Dear Jins Subject Claim 55 BF 169-171 in connection We received notice from the California InCdaulsitfroiranliaAccDiedceenmtbeCrom6mis1s9i5o6n that a hearingwwiitlhltbhee hcelladimionfOBaekrlgaintd A. Swartout widow of John E. in Swartout Swartout ' Very truly yours R. C. Schiedt Jr. Insurance Department INSURANCE STANDARD COMPANY COMPANY a COMPANY DETROIT DETROIT ' V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG | PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 September 19 1956 Mr. R. C. Schiedt Jr. . .1 Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Mr. Schiedt ~ we Cte Tear ~ fee at nth ... ... Re Y 960 728 796 Armstrong Cork Co. John E. Swartout D 1/10/85 1/10/85 Thank you very much for your letter of September 18th with enclosures the San We have Francisco referred the entire matter to Claims Office of the Standard Accident Insurance Company Very truly yours V. L. P. SHRIVER Dave Dave D. B. Edgar AGENCY map Mr. D. B. Edgar V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa t SeptemberSeptember 18, 1956 Dear Davet Subject John K. Swartout * Workmen's Compensation Claim Ret 96-0 728 796 As requested in your letter of September 10 we enclose two letters signed by the individual in charge of our payroll records The first letter covers the years 1949 and 1951 when Standard Accident Insurance Company was Armstrong's . insurance carrier and the second letter covers the years 1954 and 1955 when . Armstrong was insured with Travelers Mr. Swartout worked for Armstrong during 1949 at the Carnation Company Stockton California Both magnesis and cork covering were used on this job In 1951 he worked at the Contra Costa Stem Plant at Antioch California which was operated by the Pacific Gas and Electric Company of San Francisco this job California Magnesia pipe covering was used principally on . Mr. Swartout's employment in 1954 and 1955 occurred at the Bethlehem Shipyards 20th and Illinois Streets San Francisco California which were operated by the Bethlehem Pacific Coast Steel Corporation San Francisco California Magnesia pipe and block insulation corkboard and cork pipe insulation were used on this job Incidentally this contract covered five hulls which had never been commissioned and the work therefore according to our interpretation would not come under the jurisdiction of the Longshoremen's and Harbor Workers Compensation Act Apparently Judson Fleming 176 Elm Street San Bruno California is the only one still in our employ who worked with Swartout In addition Mr. J. S. Taylor Manager of our San Francisco Office could supply any additional details regarding working conditions etc. Since the law firm of Leonard Hanna & Brophy is handling the defense for both Standard and Travelers we assume the two enclosed vage statements on - our letterhead would suffice Sincerely yours BSD Enclosures R. C. Schiedt Jr. Insurance Department P. 8. - We are returning all of Mr. Platt's correspondence Alexander Alexander Alexander Alexander & Alexander Inc. Taylor Insul San Francisco September 18 1956 Mr. J. E. Fannon Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Maryland Dear Jin Subject John E. Swartout Travelers Claim 7814289 We believe the enclosed correspondence is explanatory However if you have any questions let us know - Sincerely yours BSD Enclosures R. C. Schiedt Jr. Insurance Department September 18 1956 Standard Accident Insurance Co. 417 Montgomery Street Ban Francisco 4 California Gentlemen Our payroll records disclose the following employment of John.E. Swartout in California by Armstrong Cork Company . Week Hours Wages March 7 to 13 1949 49992NA92 34.56 March 21 to 27 1949 May 2 to 8 1949 May 9 to 15 1949 May 16 to 22 1949 May 28 to June 3 1951 June 4 to 10 1951 _ - 49992NA92 49992NA92 49992NA92 49992NA92 49992NA92 49992NA92 1616 86.40 86.40 51.84 51.8 41.36 103.40 41.36 Very truly yours ARMSTRONG CORK COMPANY G. R. Hala Payroll Supervisor V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa September 18 1956 Travelers Insurance Company 315 Montgomery Street San Francisco 4 California Gentlemen Our payroll records disclose the following employment of John E. Svartout in California by Armstrong Cork Company Week No. of Hours ST OT Dec. 27 1954 to Jan. 2 1955 p Ae) 16 Jan. 3 to 9 1955 1955 24 Wages 226.80 277.20 . Very truly yours _ . ARMSTRONG CORK COMPANYI G. R. Helm Payroll Supervisor 88D s1a9k4e1 1941 0.4S6! F :_ c 7-834 Jehan Jehan Pitsbugt Pitsbugt 14 Srigued Srigued the Zayers 14 charge combidural combiduralcombidural combidural of E. recoide Zayers recoide implorgement StablCoanlifornia in 199 199 implorgement - 195 -- ---- -- -- manner & address any of any now unicabluenicable to unicable tearify any regard Crifing Crifing Crifing condit nituensenituense nituense nituense condit chiver ---- -- --,---- wiledone sin -- --, jus or centuricenturi , halten halten word 100 Cer 25000 7G Perived t 246000 246000 35000 270059 thethe Pacific -----,----Coast Calif requested - light & contredrequested marquesis -- ---- -- ime) Inkboard 70207 70207 70207 Stockton Carnation G Stockton Stockton Calif Evir Bee date 46445 X Pacific Has & Electric Co : Contra Costa Calif iG Ling life Comming Hair Felt Lt. Spear Ime Cheng | Friend Friend Friend Ab Stener 2 aoe cucu Cuthberton Cuthberton aloalnonee sp John Hew 56-03-3180 a. VU, Lerieah [0% 4219 ik fr > 557-05-0792 SNeen) HY PPO | +0 b O29 LoseyAY mi an cen lol oe ie a PY = 516-03724 | LAL efArco 568-2576688-28-7686 . ergs Kop ad 52-03529556-03-3180 176 St. Edwood . e ATs . e KGS] Ml eno lh lene Seoul dyre|-cohis Richmond bdss- ~ ea ick Bar o-eg | 4 Reiied (ie 7 a i teielied ro map P oN) ilaemeieis| hyn len. Bruno Bruno carn) 4 \. Senedd ~ins A es beiawas | ; Real Wa ne of ar TW ~ F L, b9adh Latlth OC\I-r ix 1X) lb oo GS Sh iat Shh loLe gaehe ojoLe ; bt bh bh - bho -U- < 0Cre hee ph-38-S bh-si-g tt-g 1o- IS 5S 55 GS. 1-9 -LI-4 e -b\ -W4 : ACCIDENT INSURANCE ACCIDENT INSURANCE COMPANY COMPANY e COMPANY . BETROIT V.L. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 September 10 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Penna SEP 1. Dear Dick Re 96 728 796 Armstrong Cork Co. John E. Swartout We are enclosing copy of letter dated September 5 1956 which we received from the Standard Accident Insurance Company's San Francisco California Claims office together with the correspondence mentioned therein You will note that our Attorneys need a wage statement on a letterhead of the Armstrong Cork Cormepcaonryds sifgrnoemdwhbyich the individual in charge of the payroll Also that this wage statement should the data is thteakCeanlifornia employment in 1949 and the nine coverwoornkleyd in California in 1951 The Alaska employment days . should not be included It would be appreciated if you could furnish the information as set forth in the postscript of the Standa5rd 1A9c5c6ident Insurance Company's letter dated September With your reply would you kindly return the enclosed correspondence and thanking you we are 3 a Very truly yours V. L. P. SHRIVER AGENCY encls D. B. Edgar = : . -- -- -- -- -- -- . . cor FIR ARMsRowe a Cork Co 0 97 STANDARD ACCIDENT INSURANCE COMPANY San Francisco Branch Office 417 Montgomery St. San Francisco 4 California Phone Exbrook 2-6036 September 5 1956 V. L. P. Shriver Agency . 1801 Union Bank Building a - Pittsburgh 22 Pennsylvania Re 96-0 728 796 Armstrong Cork Co. John E. Swartout Gentlemen ; August We duly 14 1956 refeived and thank you for your letter of We now inclose herewith the original of our attorney's to us of September 4 1956 our letter to them of letter August 23 1956 the original of the wage statement of the hearing in question and a copy of their report Will you please note specifically from our attorney's letter of September 4 1956 Ctohrakt Cot.heyanndetehdata wiatgemussttatbeemesnitgneon d the letterhead of by the individual Armstrong in charge of the payroll records also wish the report to from which cover only the data is taken and they in 1949 and the nine days worked in tChaelifCoarlniifaorniina 19e5mp1loaynmdensthould not include any part of the Alaska employment We would greatly appreciate it if you information from our assured and this requested return to us the papers us and at the same time would obtain forward it to attached to this letter Very truly yours sgd L. 7. Platt Manager Claim Department call to the assured's attention Page 3 of P.S.:- Will you please and near the bottom of the - our attorney's Hearing Report Co. page where they refer to Standard Accident Insurance out the names and addresses of any and ask that they find Page 2 now available who could testify with regard witnesses that are Note that the information should cover to working conditions on that job such as whether all factors as to dust exposure or in confined areas whether - 7 work was done in the open glass cork or other the the materials used were asbestos and everything else that materials whether masks were worn of the exposure to dust bears upon the extent and severity us all possible in- the assured to give statement Would you please urge formation in that regard We also note from the wage nine days in California that Mr. Swartout worked for the assured of June Can the assured please tell and the during 1951 in the month at that time he worked in California us on what job same information re working conditions sgd L. W. Platt : Death Cases fax This case istan case istan asbestosis claim the employc meno t n atc tattaae chedcathr taechden dpTrihoer the| showed applicatioanpplication gre eatvi oud t e statn e emplc oyment e employmenttthathat which asbestosis filed indicated indicated rathder efinitely Eachrepresented this in instanceemployememntptlhoeySmtaetenotfrCaalit foh rne iarai nt d while looked case where of- was there defendants wouldthemajormajodr efendanetvesn 4 shortlooked When got for periodstof worse periodstof employment appearances were f looked or ne ap earances hearing appeanothingrances were else special state employment and nothing else Company Company 1/1/52 TrAavremlesrtsrong 1/1/52 Compensation Insurance Fund Company rand for responsibCialliiftoyrnia Company cSaroruitehrgate Cork Company hse and and : Jenner Armstrong January 1w952o. rHkoewdetvehr tehe dSe ouvtehlgoapteeadll Company Travelers 8 StandarCCdoommppaannyy Accident . Accident : Insurance Insurance for Liberty Mutual Armstrong Armstrong insurance Company Insurance Company outside gg ; of CaliforniaCalifornia CC May employed by October M194o3 orde eceddeecendetnt Insurance Company carrier carrier in State employed applicant employed employed New MbuJtuCalCbJMC oore Company . Mexico from Company 1950 919501950t : oy employment employment from from December December December December aX through January is ~ af . ty fi Jurisdction Jurisdction was ship repair work be Bethlem under Bethlem SanSan on Francisco ship Francisco Francisco as DN such repair This work work at gives gives gives a would xn us be the Bethlehem defenser under under Bethlehem Bethlehem defenser defenser Shipyard Shipyard of lack lack ; " stand Workers Workers 5 el Longshoremen from edged exprienc exprienc tha 4 oy learnd Longshrem Comisioner eeLE et aha that becaaunsed 1956 advntge ship raise Comisner raise subeqntrapoinmet filneidgsekt Tsubeqhntrapoinmeet daeplficeanntise apsulbieqcantnratpioinmet aplicnt defnse subeqntrapoiment apears the procedings apears by achaurt 4 ? S = i y - ita: re <9 6 D^' Longshoremen saahWe 5: We Sh ra this aa LEe to Ag 3 i aa: Ms . _ Longshoremen Longshoremen have Longshoremen Longshoremen have this he can the your your advantage advantage record e because first , , and stand stand learned learned a Deputy two Commissioner Harbor = experience edged edged Com is ioner Com is ioner advantage advantage advantage this was was was because we we have have evidence evidence against award award against against against she that she she subsequentraportionment on ' subequntraportionmet subsequentraportionment subequntraportionmet subsequentraportionment 1 filed evidence never subsequentraportionment experience experience experience Workers Compensation Compensation other sword sword . a claim ving However However re 5 a defense defense defense already already already already However However ite appears earnings filed the Compensation Compensation Compensation cases is claim 4 we appears appears earnings The ap licanti Ser the never State file Fund a so subsequentraportionment subsequentraportionment jurisdictional subequntraportionmet subeqntrapotinmet jurisdictional jurisdictional defense defense 96 Act Compensation cases cases = lodged lodged lodged lodged case case case x the report report report tn of & Deputy Deputy receive receive receive feel feel Deputy Deputy quite Commis Commis proce dings procedings procedings procedings let would would xt iy The ? oft 3 receive quite Commis a . a of by a 4 : * F Yaa y. 3 x she State altogethr altogether thisSas Armstrong defnse contac Company contact Rrra Francisco of Company signed se signed they State altogether altogether altogether Francisco Francisco have altogether office office records office records Consequently Consequently Consequently Consequently Consequently Armstrong Armstrong Armstrong that they ^' please please please Cork Company Company give can give contact Company and and you a signed # the 4 so showing shop Le showing dec dent decedent afloat decedent showing showing worked be the name name of worked worked and and 8 that the shop shop on either either was afloat afloat * on \ , t eee St , 5 i eyiay eere be Cen Aa aaa yj a is 4 q Es rl the navigable navigable navigable waters waters waters waters or that 5 was the floating floating ae a , drydock drydock s 3 ce & navigable Hts make make make ety ip Bethlehem Bethlehem Bethlehem yard yard a the the also take was re certain tage int investigator investigator investigator should should R statement statement statement statement statement the the covering other conditons also set covering SS of conditions of employmentemploymentemployment employment employment a as set as forth above aboveabove above other < 5 oS 2 3 es employers employers employers employers employers employers ei Hie ou Rok a x tg = 3 yy 4 : a at< $ Oha) i y testified , interest we remained remained remained widow i certifcate certifcate certifcae showing sho the marriage decdent . mariage Albuqeru Albuqerque Justice of s abe was were There were were s Peace the children showing Peace Peace children d showing at Albuquerque Albuquerque fromfrom that decdent children New her te decedent decedent the decedent . decedent previously previously previously decnt Mineapolis Mineapolis Minesota maried Minneapolis 4 while the widow sho and and Sik New Albuquerque Albuquerque , marriage been tal married maried Minnesota Min esota about testified testified the decedent decedent decedent married 1934 was was one one to one 1934 or testified her a : had had died notchildren notchildren notchildren in =e died notchildren by a first Mineapolis first marriage mariage that = mariage mariage mariage 3: i#bs ee 22 oe = 3 a i worked marriage a the decedentdecedent decedent decnt Mexico California California about Asbestos Asbestos Asbestos Asbestos Asbestos together together about lived Franciso about lived California about re. together together z worked about Company Company Later Kes worked worked about about a year 1940 1940. 1940. From =e From From 1940 1940 always FH the and and always always z San Francisco Francisco they lived about about New New BE. 1954 State about about 3 Mexico Mexico he of of Spe to San Mateo 1948 a 1948 t i hey they Epes to Chico Chico and and tried ei or but In work to insulation insulation insulation decedent 5 decedent decedent decedent : . to oe work work BR WoySit sotre SE decedent ya decedent knew knew first The decedent upitos San upitos upitos 9 Francisco Francisco from from Franciso Armstrong . the job job for Armstrong Armstrong take Tae FE at understood understod understod understo d understood understood understo d was was this "3 was working working working on that Ac job job and and i saw saw Dr. Parkinson . Parkinson Parkinson Sige awhile awhile Parkinso then came came home home home a r hospital tuberculosis tuberculosis tuberculosis tuberculosis * tuberculosis hospital hospital hospital maintained maintained didn't they didn't Portevile they didn't moved Asbestos moved to Company Western Western Western like they they Asbestos Asbestos Company 195 . oa) asbestosis he asbestosis Portevile Portevile 1954 Portervile ine so so moved : Asbestos Asbestos Asbestos 3 asbestosis asbestosis asbestosis asbestosis just after decedent decedentdecedent decedent went went Portervile and and Company Company valk 3 1% .:'9 January there i Kt 1955. there Petese a Christmas Portervil e Bethlehm Christma Armstrong insulation Cork insulation CompanyCompany Company Company at insulation work 2c ships the ws Bethlehem ships ships ships became sick he went back became became so so became sick became Bethlehem Bethlehm easWhile to He e was was oes for about about about hospital hospital two weks weeks Portervil e at Portervil e then Ke went maintained maintained by by went went County Kings County to Sacramento Sacramento Sacramento Sacramento Sacramento California California California After 3 9 Springville alent they Springvile further there In Springvile further medical there was was further medical medical medical treatments treatments treatments was is there ; 2 g eeae i 7 4: a bee: at orney exposure exposure ire Asbestos exposureAsbestos Asbestos Asbestostestimony exposure asbetos Asbestos Companytestimony testimony wer attorney asbestos asbestos asbestos Company Company asbestos asbestos the eeRe dayday day testimony advisable this hearing hearing advisable advisable advisable advisable Lae, appear appearapear advisable apear at for that a a the 5, aplicant applicant applicant asbestos asbestos during the union union busines +4 hearing the proper proper time time Even applicant ap licant Bs busines The mattermatter proper proper Even 3 to periods has periods periods the Area Area He He business business mater agent agent agent was was protection protection protection protection procedings though though x proce dings show of of pro se proposes who continued of proceedings proce dings working employment employment proposes proposes prose was continued continued your proceedings procedings working conditions conditions working employment for to employment do that E available available available be to be resetreset p interests interests interests had had been suspended Western Western Western sa through through oy available on the the WeideWeeidneen Weideen Weideen Weideen Be Weideen that suspended suspended we suspended suspended suspended b^' : i af 3 B ; phgas conditions employer's has zy particular particularlyemployer we proper September 5 1956 Mr. J. E Farmon Alexander & Alexander Inc. 2225 North Charles Street Baltimore 18 Maryland Dear Jint ' Subject Workmen's Compensation Insurmes Travelers Policy 4490459 Policy Year 1/1/55 to Claim No. 7814289 Claimants John E. Svartout A 1/10/55 Location of Accident State of Calif Mr. Swartout worked for Armstrong Cork ComApacncyidiennt19I4n9suarnadnc1e9C5o1mphaonwyeveWre these years we were insured with Standard a copy of the wage data submitted to Standard sometime ago during enclose In addition to the above employment Mr. Swartout was in our employ during short perioda in 1954 and 1955 durriencgorwdhsicinhdtiicmaeteTMrra.velSewrasrthoauntdlqeuditou or n WJoarnkumaerny'1 s 0 Compensation coverage Our - 1955. His detailed employment record follows Wock Ending Data No. of Days Worked Hours Worked Vages Location 8.T. = . 6/23/54 6/20/54 7/4/54 7/4/54 2992 vnnx ~ 113.60 Washington 2992 vnnx ~ 152.00 Washington 2992 vnnx @ 152.00 Washington vnnx 28 ~ 108.40 Washington 2/2/55 2/9/55 1/16/55 99t99t 773 26 226.80 California 773 24 277.20 California 773 99t ~- 12.60 California to see the amount of the reserves was reduced Our files show there We are glad and 10 insurance companies listed were approximately 13 of his former emplofyoerrsAdjustment of Claim 7 on the Notice of Hearing of Application s~7~ Iours very truly R. C. Schiedt Jr. - Insurance Department JOHN E SWARTOUT VAGE STATEMENT 3/23/439/23/49 , 3 5/15/19 5/22/49 6/3/5 6/10/51 6/17/2 777/2//5/782//25//755 7/2 7/2 7/291 8/5 o/s, 8/19/ 9/2/1 9/2/1 9/9/52 Hannnnn Hannnnn , Hannn Han n n Han n Hannnnn 2 5 2 6 7 4 6 6 6 6 5 6 6 6 * 9999 _ 9999 9999 2 $ 17.28 34056 86440 86.40 51.84 52.84 52.84 6 6 6 6 626 267 6666626267 6 6 6 6 626 267 6666626267 14 6666626267 4023 666666666266267 666666666266267 666666666266267 666666666266267 666666666266267 666666666266267 666666666266267 12 666666666266267 6666626267 lh 6666626267 14 41.36 203.40 41.36 215.25 439.25 229.25 = 295.75 295.75 295.75 295.75 = 295.75295.75 243.25 = 295-75 295.75 295.75 # Additional Overtime Hours BALTIMORE - NEW YORK CLARKSBURG TULSA ST LOUIS CHICAGO LOS ANGELES ATLANTA PITTSBURGH SAN FRANCISCO ALEXANDER & ALEXANDER INCORPORATED INS. URANCE AVERAGE ADJUSTERS CONSULTING ACTUARIES 2225 NORTH CHARLES STREET BALTIMORE 18 MD August 29 1956 RCS TELEPHONE TUXEDO 9-4304 9-4304 BELL SYSTEM TELETYPE BA 582 CABLE ADDRESS ALEXBLUE Mr. W. L. Hughes Manager Insurance Department Armstrong Cork Company Lancaster Pennsylvania 30 1956 WLH AUG . ; WORKMEN'S COMPENSATION INSURANCE . Travelers Policy 4490459 Policy Year 1/1/55 to 1/1/56 Claim No. 7814289 Claimant John E. Swartout Location of Accident State of Calif Dear Bill We are in receipt of advices Mr. Latham's office stating that the above clair which occurred on January 6 1955 was not - reported to their San Francisco Claim Office until June 22 1956 almost a year and a half later The company is somewhat concerned about this case because they say it involved asbestosis therefore in order that they may have a complete record of the employment of this man will you please advise us how long Swartout was connected with Armstrong and any other pertinent information that you may have on this case We understand the claim was originally set up with estimates of 10,000 Compensation 400.00 Funeral Expenses and 250.00 Expense however the claim has been revised 2,000 Claim with 80.00 Funeral Expense and 250.00 Expense Your early advices will be appreciated Very truly yours ALEXANDER & ALEXANDER INC -? Vice President Anno Calif All did May 1956 52#Days #Days thai Wages State Wife Overtime 55.57 12-27.54 12-27.54 12-27.54 1-10-55 B x i oped wAIS | | | yl lee van a ACCIDENT COMPANY STANDARD STANDARD e DETROIT V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 August 14 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Dear Dick 1956 WA Re Claim 925 Armstrong Armstrong Armstrong Cork Company vs Cork 1/10/55 This thank you for Wage Statement claim will acknowledge receipt of and your letter of the 13th enclosing in connection with the captioned been Per your request forwarded to Mr. Platt said Statement has in San Francisco Very truly yours V. L. SHRIVER AGENCY map Shriver August 13 1956 Mr. D. B. Edgar . V. L. P. Shriver Agency 1801 Union Bank Building Dear Dave Subject John E. Bwartout Clain 96 0728796 0728796 . A 55 , The enclosed wage statement was requested by Mr. L. W. Platt Manager Standard Accident San Francisco Claim Department mt Since previous correspondence this claim went through your office we are following the same procedure and request that you forward the enclosed wage statement to Mr. Platt . Sincerely yours - Enclosures R. C. Schiedt Jr. Insurance Department DM ChaJi R Cr haim rmeneofn the Board t RCS L.K.KIRK L.K.KIRK President ~s Company Standard Accident Insurance INCORPORATED 1004 ROY W. SMITH RESIDENT PRESIDENT CASUALTY INSURANCE FIDELITY AND SURETY BONDS SAN FRANCISCO BRANCH OFFICE 417 MONTGOMERY ST August 1956 SAN FRANCISCO 6 CALIF PHONE EXBROOK 2-8036 Armstrong Cork Company Lancaster Pennsylvania Gentlemen Re Claim 96 c 728796 Armstrong Cork Company Claimant John E. Swartout As you perhaps will recall the above captioned refers to a claim recently filed against your Company on behalf of your deceased employee John E. Swartout Our Company is a defendant because of the fact that during some of the period involved we were the Workmens Compensation insurer of your Company 11018 11018 11018 I am trying to find out when and where Mr. Swartout worked for your Company during the periods that our Company was your Compensation insurer I have checked with Mr. Murphy I believe it is of your local office but he advised me that the only record he has indicates that John E. Swartout worked for your Company here in San Francisco from about December 27 1954 to January 10 1955 Since we did not carry your Compensation insurance during that period and have not carried it since 1952 we are concerned with three periods prior to 1952 during which it is alleged that Mr. Swartout was in your employ It is claimed that in 1 1949 he worked 2 months on the Stockton Creamery and we persume that means Stockton California The next period is 1950 when he claims that he worked months for your Company at has always been that paiod The Pittsburg Pennsylvania However we understand that your Company a insurer in Pennsylvania so we would not be concerned with net period is 1951 when it is claimed that Mrs. Swartout worked , for your Company for six months at Anchorage Alaska It would therefore be greatly appreciated if you could advise us in reference to the 1949 and 1951 periods of employment and furnish us the exact dates and places . worked and his earnings per day hour and weck ss a Very truly yours 4 L. W. Platt Manager . Claim Department Planet Insurance Company Detroit Standard Accident Insurance Company Detroit Pilot Insurance Company Toronto NSURANCE COMPANY COMPANY COMPANY DETROIT V.L. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG + PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 July 17 1956 Res JUL 18 1956 WIH Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania Re Dear Dick John E. Swartout Asbestosis Claim D - 1/10/55 1/10/55 . Thank you for your letter of July 16th enclosing additional correspondence issued by the California Industrial Accident Commission Francisco necessary We have referred the matter to the San Office of the Standard Accident for the attention Very truly yours L. P. SHRIVER AGENCY DBE D. B. Edgar *** *** re July 16 1956 Mr. J. E. Pannon Alexander & Alexander Inc. 2221 North Charles Street Baltimore 18 Maryland Dear Jimt -1/10/55 Subject John E. Svartout Asbestosis Claim We enclose a copy of additional correspondence issued by the Industrial Accident Commission of the State of California in connection with the ' alain of John E. Swartout 55 87 169 171 Very truly yours Enclosure Insurance Department Mr. D. B. Edgar V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Dear Daver Subject John E. Swartout Asbestosis Clain We enclose a copy of additional correspondence issued by the Industrial _ Accident Commission of the State of California in connection with the ~ clain of John E. Swartout 55 SF 169-171 Very truly yours Enclosure Insurance Department INSURANCE INSURANCE INSUR*ANCE COMPANY COMPANY : COMPANY 17537 V.L. P. SHRIVER AGENCY General Agent 1801 UNION BANK BLDG PITTSBURGH 22 PENNSYLVANIA Phone Grant 1-7800 July 9 1956 Mr. R. C. Schiedt Jr. Insurance Department Armstrong Cork Company Lancaster Pennsylvania a JUL 10 10 1956 W14 W14 Dear Dick Re John E. Swartout Asbestosis Claim D - 1/10/55 This will acknowledge receipt of your letter dated July 6th enclosing photostatic copies of notices which you received from the California Industrial Accident Commission in connection with the above We have referred the matter to the San Francisco Office of the Standard Accident Insurance Company for the necessary attention Thanking you we are Very truly yours V. -P SHRIVER AGENCY map July 6 1956 Mr. J. E. Fannon Alexander & Alexander Inc. 2221 North Charles Street Baltimore 18 Maryland Dear Jimt Subject John E. Swartout . Asbestosis Claim * We are enclosing photostatic copies of notices received Accident Commission State of California in connection for adjustment of clain of John E. Swartout Since this man was also in our employ prior to 1952 we copies to the L P. Shriver Agency in Pittsburgh from the Industrial with the application ; are sending similar Very truly yours Enclosures R. C. Schiedt Jr. Insurance Department : ~ July 6 1956 L P. Shriver Agency 1801 Union Bank Building Pittsburgh 22 Pa Gantlament Subject John E. : Swartout Asbestosis Claim Industrial We are enclosing photostatic copies of notices received from the Accident Commission State of California in connection with the application for adjustment of claim of John E. Swartout | Alexander since We are sending similar copies to Alexander & man was still in our employ after 1951 Inc. 7 this Very truly yours ARMSTRONG CORK COMPANI Enclosures R. C. Schiedt Jr. Insurance Department