Ba t l m & Mt j w o i a O
At t o h n e t s a t La w RicitAMD W. Ba u m Sa mu e l J. Ru f f o l o
March 24th, 1982
Su it e 010 ISO No b t h La Sa l l e St h e e t
Ch ic a g o , Il l in o is 60001
(312) 726 - 1005
Mr. Steve Borgstrom Workmen's Compensation
Service Company 55 W. 22nd Street Suite #109 Lombard, Illinois 60148
Dear Steve:
RE:
REDACTED
Sherwin Williams Co, I.C.# 82 OD 0034 File # A-0422
d/E; 1-30-81
I had a meeting with Attorney Frank Wiedner at the Illinois Industrial Commission on March 23, 1982.
M wi-11 be 64 years old in September of 1982 and is presently either on Social Security Disability or early Social Security Retirement and Mr. Wiedner believes it is the latter.
We once again explored Mr. Wiedner's theory of the three exposures to asbestos in our plant and also the course of care which apparently began with Dr. Robert Craven, when the petitioner continually complained to him of pain under his right arm and Dr. Craven treated it as though it were an arthritis problem. However, the pain became so intense and presistant that eventually. Dr. Craven hospitalized the petitioner at Little Company of Mary Hospital on November 19, 1981 and the diagnosis was almost immediately mesothelioma. He then had surgery with Dr. Robert Yario, Vascular and Thoracic surgeon and is treating with Dr, John Baron an
Oncologist.
The petitioner is scheduled to began chemotherapy next
week, I believe at Little Company of Mary Hospital.
RECEIVED
N40097
APR 02 1362
Corp,, Risk Mgmt
1\
/
^'
Hr. Steve Borgstrom March 24th, 1982 Page 2.
RE: _
-v- Sherwin Williams Co.
REDACTED
is married to
fairly good health and has three
for a death benefit, namely,
in college and
, age 20,
e who apparently children who would
, age 17, in college.
is in qualify
ge 18
Mr. Wiedner advised me that he is treating this matter as a death case as he is almost absolutely certain that Mr.
will die in the near future and Dr. Baron has given him from 3 months to 3 years to live as the range of life expectancy.
I advised Mr. Wiedner that we would treat this as a straight Lump Sum Settlement on a disputed basis and would not admit any liability if we were able to settle it.
He thereafter made a demand of $75,000.00 to settle but I have a clear indication from him that we may be able to settle the permanency aspect of this case for approximately $50,000.00 or in that range which sounds like an extremely good settlement for us, all facts considered.
However, there is one loose end which could clearly make settlement difficult if not impossible and that is the medical aspect of this case.
Mr. apparently has taken retirement from the company
and is on a package of group coverage. Mr. Wiedner indicates
that bills to date total $30,000.00 and approximately $22,000.00
has been paid by Provident Washington, the group insurance
carrier for our company. He indicates that the
3 have
paid $6,000.00 out of their own pockets and owe $2,000.00
more.
It was agreed at the end of our meeting that Mr. Wiedner would supply me with itemized bills and paid receipts to show payment by the petitioner or his family for these bills.
It is therefore clear that in addition to the $50,000.00 he will be claiming at least $8,000.00 reimbursement or direct payment in medical bills.
0007-SWP-005802442 CONFIDENTIAL
Hr. Steve Borgstrom March 24th, 1982 Page 3.
RE Sherwin Williams Co.
Since we would obviously like to close this case out completely, it leaves the problem of future medical care.
Mr. o will began chemotherapy next week and at that time we will have some idea of the cost of chemotherapy. An additional complication is that Provident Washington has indicated to the petitioner and his wife that they will not pay for the chemotherapy since it will be done on an out patient basis and he will not be covered by group for that care. It becomes extremely difficult for either us or Mr. Anglo's attorney to determine how much expense will be involved in the chemotherapy since his life expectancy is a wide range of 3 months to 3 years.
I believe if we can iron out that last detail, we can make a settlement for $50,000.00 plus $6,000.00 reimbursement to the Anglo's for the bills that they have paid plus direct pay of $2,000.00 on the medical bills. However, we must stratagize what to do with the future medical.
I did not discuss specifically what we would do with future medical with Attorney Wledner because I wanted the opportunity to discuss this with yourselves and Sherwin Williams Company before we made any decisions. The only two thoughts I have for treating this at present are to get him a hold harmless for future medicals that are not paid by group since we are not admitting liability or to keep his medical open for the balance of his life, which of course, is uncertain as to whether it will be 3 months or 3 years.
Once you have had the opportunity to review my letter, please contact me and advise me what strategy you would like to take on the medical on this case.
Of course, it is in our best interest to resolve this
mutter as quickly as possible prior to H
's death
when the emotions may run high and the widow may seek the
death benefit which could result in a much greater exposure
to us. On the humanitarian basis, it would probably also
give the petitioner some peace of mind before he dies to
know that his widow will be somewhat taken care of in this
situation.
0007-SWP-005802443 CONFIDENTIAL
Mr. Steve Borgstrom
March 24, 1982 Page 4.
REDACTED
RE: -v- Sherwin Williams Co.
Please respond either by phone or mail upon receipt of this letter.
Very truly yours.
& RUFFOLO
4Iw La s OL 0
Richard W. Baum
RWB/ppm
cc*. Jim Brooks
0007-SWP-005 802444 CONFIDENTIAL