Document qdRgR5dwm2e4VjV8pdQzLReYR

FILE NAME: JT Thorpe & Sons (JTT) DATE: 1952-1955 DOC#: JTT004 DOCUMENT DESCRIPTION: WC Claim - Kish B r o b e c k . P h l e g e r a Ha r r i s o n A T T O R N E Y S A T LAW ONE ELEVEN SUTTEN STR EET SA N FR A N C ISC O 4 May 31j 1955 CABLE AOO*tS ROtKCR mCAMOMI SWtTKNl-0<| James V. Halley, Esq., 33 Post Street, San Francisco, California Re: Alta Ann Kish v. Western ADsMbCewsvtVows UCvoimupaaUnjyf VeWt al1. IAC Claim No. 53-SF-145-939 Dear Mr. Halley: In the above entitled matter we enclose herewith for transmission to Mrs. Alta Ann Kish check No. 1-259^9 of Pabco Products Inc. dated May 27, 1955 and drawn on Crocker First National Bank of San Francisco in the amount of $350.00 representing payment of the sum required of The Paraffine Companies Inc., Pabco Products Inc. and Plant Rubber and Asbestos Works, designated as Plant Rubber and Asbestos Company in the order approving compromise and release dated May 16, 1955- Very truly yours, BROBECK, PHLEGER & RS:afh Enel. ec: Mr. A. S. Halley Mrs. Mary W. FortIni c BROBECK. ph leger & HARRISON o ATTORNKY. AT LAW P N I n -tV IH MITTIA STAUT Y SAN FRANCISCO 4 m * to, 1955 965 mnleD Otraat, Ban M umImoi Osllfomis. Us Uta j Astati dati tastare flOPMBWHgfr st6 MUs. tasr Nr. apoffeitfi ln tta stava sntltlsd sstter m tavs rosslvsd s aspy af tas Orter Approvisi Orepreolst aad telaass tetad tey 16 1959* tau Ul vsssU tat ln talo satter o repressa*#* Ita Bsrafflss flsspaslta las. Batas Protests las. and Plast tettar and Astastes tartes.. ta sets tant tas Orter Approvisi OsaproBlss aad telasas provites tant tas sao f 1390.00 ls papati# tp tes Parafila# Osapaalss tes. tetas PrsOusts tes. aad Plast Mattar asi Astastas Ososanr altaasib tas aolsaas oas scasata ty Plast tettar asi Aataatsa tenca aad tas lattar ls tas ssrrost sorpsrsts asas. lis sal approalats lt lf pao osi* ta ss gas* as ta tate asta pressatiago sa sap te saaaaaarp ta prepari? XIAon B. ftpoffarA xaq *. protM t Um l a t m i U r fian t Batear u d tilH tM Maries. flip tru ll |N n bbobxck w iJM P i iabxxbom Miafb Br . tin n ite S tltN B l, I r . aei h u . tannar* Banna ft Bruptqr 100 Bush Itmt, Ifttt iN M llN ft OlfM Blt. Um W. aftllujr A tto rn i > t lau* 33 iM t ttraat Bua VitMlioo, Cftllfsrula. tat OOUpMMMtlM BMUrUUM M l| 50 HsAlllstar trust an franalsaa WLUwalA. * tUlffft Atto m y nt lau 31$ ! --*1 traft San franalsaa* I t a m i . Bsltb Orante ft teOgulak ftttonwia nt lau RUla B w r , MO Bute traat an franai tan Qallfarala. M A. MWDLI, M.D. Butter Street Francisco 8 July 88, 1052 n b Mr. Jm i l. Halley 35 Post St. San Franc1 boo, Calif. RE: HARRY KISH Daar Mr* Halley, I first visited Harry Kish January 4, 1847 when ha s u ffarad fro* an acute raaplratory Infaotlon, At that tlma ha vaa 65 yaara old and gave the following history. Ha had bean an aabaatoa worker for the^ past 48 yaara with the uaual axpoaura to high oonoantrationa of silica dust. Por the previous 6 to 8 months ha had suffered with shortness of breath, suoh worse with exertion. Por sev eral yaara ha has bean unable to sleep In a reclining position and has resorted to sleeping propped on several 0 pillows. During the past 5 to 4 years he has produced considerable philega In the aoralngs on awakening, often coughs all through the night. PHYSICAL HXAMIMATIOMi Temp. 98.6, Pulse 96, BP 150/80 I The patient was a gaunt,' elderly, asthenic, white-haired ale aoderately uncomfortable. l.l.T. Teeth were earlous, In poor repair. Inoraxt Increased anterior posterior diameter, poor expanslen7~flarlng costal Margins. |anxst Resonant. Diffuse sub-orepltant rales and xfeonemeat bath bases* Heart: Within normal Units for sics* Sounds were good with a harsh, prolonged systolic apical snirwur. The remainder of the axanination was essentially nomal I-rays of the ohest as follows! "The heart is nomal In slsa and shape. The aorta is not widened. The lower lungs are emphysematous, the hilar shadows on the right are enlarged. A few nodular lesions are present in the parenchyma of the middle of the right lung and multiple areas of nodular density with fibrosis extend from the left hllus into the par e nd WM of the middle of the left lung. Mo cavities are noted." \ * *1/ (,*> * / tag* t Haney Kish She diagnosis of congestive heart fallura aaeoflfhxy to pulmonary fibrosis (aaboatosia) was made* The patient wee placed on a aalt poor diet and digitalised. Vhon aeon again ona weak later the patient had la proved* He hd lettle sputum, leas dyspnea. His palae was 80* He was not seen again until January If, 1948 when he had fractures of the right 8th and 9th riba In the axillary line* He was treated conservatively at home and returned to work in about alx weeks* I did not see him professionally after that although I did see him in September 1951 when 1 was treating Mrs* Kish* On these occasions he seemed, from appears! ce only, to be at about status quo* Vi 1 understand that Hr. Kish died suddenly early this year while engaged in hia usual occupation* I feel that Mr* Kish had a eampenaible illness for these many years, namely asbestosia, pulmonary fibrosis secondary heart disease* There la no doubt that prolonged exposure to asbestos brings about pulmonary fibrosis which inexorably progresses to compensatory emphysema, eor pulmonale and congestive heart failure* Mr* Kish had progressed through all these phases* Any environmental situation which brings about a need for increased cardiac output would naturally strain the heart* there there is already a degree of heart failure a state of myocardial Insufficiency supervenes and as a result a myocardial infarction may occur. On the day ef his demise, if Mr* Kish had worked hard in a hold or other area of low oxygen tension, the situation would have been ripe for a myocardeal infarction and his death* Sincerely, RAM/ep /s/ R. 1. Handle, M.D. V ALTA AM COI, AppliM O t, U Capp BtfMt an hintlNBi Cilltoat I ii i! * f- P i3 i! | i { ! I *A H * ! \l * *1 !2 il lilil f f Ji ilfl 11 Si Si Si Si ti 31 Si ii Si i Si I 8 \ U H 00 80 W s ? O VHNUMf U V U o o c- co o> O H c M r a ^ i o t O B - e o . T o <H r - t H H i - I H M W W N W W W W W A l fi ig - (^Ni, 1 I 2 JOB miLUt CO. U S So* i w Hi M i y t u -- 9m Vh m Iim,OtUteMU 3 IMPLOTUS BSPLOmS' ASSrOsaOO \ 4 f \ 5 * 6 Inaurane i i n l m Por --oro --plorar* ir vdnaw 14h laclo -- option of CHARLES STERS CO. bo t Sato of oath 7. or* oproroS by plroaoa'* fund Sroap loootoS t 01 California 8 Stroot San Vroaolooo Callfowla. 9 10 11 12 13 i 14 15 16 ! \ 17 3 18 I 19 20 I 21 22 23 24 25 26 7 8 s 29 30 31 32 <*> an nM tciico m e t w iwtiu.atUnomvn-om. >t>( MIMION miCKT mn-ovcAUKunA DETAitnoNT or onxaniAL UUTHM INDUSTRIAL A_C_C_ID__E_NT COMMISSION APPLICATION FOR ADJUSTMENT OF Mwmiitmn 53Sf ALTA ANN KISH 607 Williams Road Salinas, California See Title Sheet Attached SgffiSffiL 558-01-0496 See Title Sheet Attached iinnrsMMM See Title Sheet Attached_______ See Title Sheet Attached_________ PLOT! I f UUUIANCS U t t i l B iitoiANCf e u i m t a h u m i.. Harry Merkel Kish, May 15. 1883 ,wMlem p k ^ u MbeBtoejroriM w AM M H SM I BATE OP lltTN CCVPiTMM AT TIB I OP HUPP? March 19_______ i52 . San Francloco ATI OP UJUET CITT. TOWNOf PUCE 1 MOOT OCCVBBBt _______ , Califoniiiby Charles Avers Co. -- ------ - ttttainedinjuryanting out of tad in the coone of the employment. u follow: Claimant was asbestos worker for many years and was occupationally con- UFUIM MW MUWET WAS S IC IIW I tlnuouslv exposed to asbestos ______ _____ ______________ __i^_f asbeBtoals. pulmonary fibrosis with secondary heart disease and finally TATI WHAT PAITS OP MOT V i l i I1UOIKO A l R M N U T t t l t t n .qafcb.. 2. Fireman's Fund Group_____ . wai the employer'intonace ctrrier on date of injury. A ll OP (MIRARCI COMPIE? j. Died March 19_______ n 52 ________ layer____ 19__ _ DATI tMJUIED LIFT M i l ATI n u u ia M Y i m i TOw on 4. t None lone ________l*- ABOWBT OP eaWPSOtATlOE PAW M T IU O T PATOU? BAM OfcTl U *T OKOfCALPOBUOKU J. None except that Dr* Robert Mandle of 655 Sutter Street, San PranclacOj h i u i IIU TIM n H U n u u h t m i w u * r r m n a w n i i u n i California, treated Mr. Kish during hie lifetime_____________________ a Approx; 19.00 per day five days average A M I PAW (DATI, V U I . 0 1 OMTO) 7. Only on out of town lobs V MARI. IMOIIOt 0 0 O TKIt m i l T I M l l i f t s I W U I M WITROIT m N l . S T S W I M l . t f P M M M W m w m i M acaias amt p n i u i s t m m u u tt m irpa iu sm t wwmh t u m p iW M t Tat* ibjo it UBT w eal M f OTMIO M U R I TOO IATI MAOPM WHICHA CUIM WAS PiUO, AIVIM MATS OP HMM1T MAMS OP BMPUfftR. AM ( U M N H I I I toasuewem math baipomlt 10. It u claimed that the deceasedleft the following nameddependent__ : NAME AOB RZLATIONSHIP Alta Ann Etch__________ 69 life 607 Wllllana Road Sallnae. Oallfomla* it. *- -bints: Death els1m - wife survives end olalaa fall rights and benefits under A c t . _____________________________ WHEREFORE, It It trqurttri tbot o Emr oni titer bt fx ti for btorhtg m i noOer gjhim, m i tbrt m orirr oromori kt ou it grouting neb rtlitf ot the forty orfortirt moyhr rntitlri to. Ditd..lanFranelBCO ,Jan. 1A ,1 55 Jemea W. Halley____ :__________ AMMT,M ATTOMITSOBAPPUttMT 400 Croaker Bldg. San Franolsoo. 1 tn vowmw* accidmt oomkz>sig cf t u sta b or caufcmia 8 CUMIO. li+5-739 3 4 ut m i u n , 6 Applicant e n. 7 ASBESTOS CO., CHARLES AIRES CO., C O M 21STILATIOH CO., WWDET CORK COR?., 8 9&MT ASBESTOS CO., J.T. TEORIE * SOI, IRC., DOTTO ASBESTOS A SUFFIT CO., ARHSTR0R8 9 SORS SO, T M ARSDALE-HAKRIS, PARAFFINE COMPANIES, HC., RASCO PRODUCTS, IRC., 10 PIMI ROMBI * ASBESTOS CO., JOJBS ANVILLE CO., KREMB'S TOSO DEWITT CO., STAS 11 COMRnSATX IHSORASCE FWD, MITE STATES OASALTT CO., ASTIA CASHALT! k STftSTT CO., 12 DUBBIAL XHDEMITT CO., M d TRAVELERS 3HBORAXCE CO., 13 Dafandanta 14 15 AH8WEB TO APPLICATION 16 CONES tOO defendant PACIFIC EHFLOZERS USURAR CB COHPAXT, 17 with Iti n m r application n fila hmln, It doni mil tho 18 allagatlona of said applieatlan, although it admita that at cer 19 ta in tim a , said tiaaa&ot pot known, that it waa tha iw | iM > tla i 20 lasaran* arpiar for I, f, Thorp# t Sen, Ina, 21 It a m i to atrik# tha aaid application fron tha filaa of 22 year Comission, inaswnoh a* said application and tha suppls*snt 23 attaCksd tharato do sot aanfon to tha roqulraaanta of poor Cas 24 las1am s p tha spoolflaatlons o f S ectio n 500,5 of *h# Lahor Codo. 25 SI is also alleged th a t so notice was giran of tha disabil 26 ity dilla the tina as roulrod by lr, and thorofaro ye w aiavar 27 ia dofm l ant has haan prajudiaod, 28 XI Is farther allogod, affimatlrsly, that tha alai is 29 barrod by tha Statuta af LiadtatIona as proridad by SostlgM 51+00 30 to A W of * abor 0***. *f th- Stato of California and parawm* 31 larly Sootlona l+0l+> A0$, Ao6, AIO, All and 1+12 theraof, 32 -a- MULLEN ( FIL IP P I MinuONMCmirr VfT I, MUSAMI! A MANSI * ) 1 M O T O R S , 1% il m p H l M l y *wye4 that qpfUMBt kiHli 2 take tothiag tram jour answering darendant 3 R esp eotfnllj submitted, 4 MDLI0 * FILIPFI, Attorneys fur Faolfle b v lq n n In ivriiH Ce* B 6 7 8 e.6. 9 *y. V." .''m en ' Alta Ann Kleh, 407 Williams Road, S a lin a s, C a lifo rn ia J.T .fhorpe A Sondine., 1351 Oeaan Ava, M a r y v ille , C a llfo m li r a s in e Employer* Inaurano Ce, 3770 Piedmont Ave,Oakland 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -2- mm *r r . INI I .v.* -***ne* o 1 Bsraa t o a s m z A X . Aooxnre m m q u z q i o p n s m n 2 CLAIM10 Xl*5-939 or caupovl . 3 4 A b u * i con, ) 6 Applicant 1 6 ) 7 WESTERS ASBESTOS COMPANY, CHARLES AXHES COMPANY, ) CORE INSULATION COMPART, MVDET CORE CORPORATION, ) 8 PLANT ASBESTOS 00,. J. T. THORPE A 80S, INC., ) DUTTON ASBESTOS A SUPPLT CO., ARMSTRONG CORE CO., ) 9 VAN AR8DALE-HARRI8, PARAPPINE COMPANIES, INC., ) PABCO PRODUCTS, WC., PLANT RUBBER A ASBESTOS CO., i 10 JOHNS MANTIUf CO,, FIREMEN'S PtND INDEMNITY CO., ) STATE COMPENSATION INSURANCE FCBD, UNITED STATES ) 11 CASHALIT CO., A B B A CASUALTY A SURETY CO., INDUS- ) TRIAL INDENI m CO., and TRAVELERS INSURANCE CO., ) 12 Defendants ) 13 14 m w m TO APPLICATION 15 COMES I W Aefenda&t UNITED STATES CASUALTY COMPANY, with 16 its enswer to applioatlon en file herein. It denies ell the 17 allegations ef paid plication, although it edalte that Mb eer- 18 tain tinea, said tinea not pet known, that it was the couponsa- 19 tion Insurance jaarrisr far the Cork Insulation Coag>anp. 20 It neves to etrika the said application from the files of 21 pour Ceudssien, inaavush aa said Application and the auppleaent i 22 attached thereto Ac net confer to the requirements ef pour 23 Cnitaeien er tits apeelfleatieca eg Seotlon $ 0 0 ,$ ef the Labor 24 Cede, 25 Xt la Alee alleged that no notice wee given of the disabil 26 ity within the tine as required bp law, n d therefore pour 27 answering defendant has bean predjudloed. 28 It is further alleged, affirmatively, that the slain is 29 beared bp the Statute ef Linitatlene as provided bp Sections 30 $1*00 ts ]B|U o f the Labor Cede ef the State ef California and 31 partieulerlp Sections $1*01*., $1*0$, $1*06, 5^X0, $1*11 nnd $1*12 tharao: '. 32 >1 ppi 91. 1 4 1 A 1 m r C R X i It it M i i M t M I r |nqr*4 ttit ipplitiot iMNin 2 tik* Bathing f m your unrarlag dafandant. 5 ftsapaotfolly subwLttsd, 4 XQLUBI * PILIPPI, Attorneys far tbitad itataa Casualty Coupany 5 6 By. iT'mm 7 8 e.o, Alta Ann Kish, 407 Williams Road, Salinas, California Jama V, Hallay, I4.OO Crocker Bldg,. San Francisco, Calif, 9 United States Casualty Co,, 320 California St., San Franoiaajo 10 11 12 13 14 15 16 17 18 19 80 81 22 23 84 85 27 88 29 30 31 32 MULLEN * FIL IP P ) . ATTOUMBVB t| M a N T M M I B V (BT. UiTC 1, MBBSANtNS (OK 7841 2. r * ~f-' t ' ' 1 SKFORX I B JVMBBIAL A T O M S I W N I W I M U I W U N I 2 u d i v o . 145-f)0 3 4 ALTA A B U , 5 6 n A*lftat 7 VK8TBJW ASBESTOS 00.. A H U B JOUI 00.. CORE SOLATI 0. R BIT C O U CORF., 8 PLAKT ASBESTOS CO., J., HPB * U l . C., DOCTOR ASBESTOS * 80PPZX CO., ARMBORO OORl 9 00,,VJ* ARSDALB-RARR, PARAPnVB 0OXHKXB, DC., PABCO QDD0TS DC., FLIRT R O M ft 10 ASBESTOS 00., AOS NARYILLK 00., FJXEHBMS FXD DEWITT CO., tTAIS OOKHRSATZCR SV- 11 MHCE FORD, VCTSD STATES OASQAIST 00., AVIVA CASOAMT ft 5BRET CO., VDQBUtZAL DEWITT 12 CO., anS TRAVELERS 21SOURCE CO., 13 _______________ H * 4 bSi_______________ 14 15 wmgmzjEMjm ssMaimm 16 In fartaranaa aff Ita ananas % v f U i t U a i * fila 17 ftarain, H D STABS CASOUUnr iftttti B n it m s B laBinaa- 18 Ion la m a r r l t r f f lo t In salatlan B B V Ann l*> M 7 19 1, W5* a t w 7 1* 1951. 20 apaatfulXjr i B i l U t , 21 KBUJR * PXLXFPX, A t t m r * B r tftltsA StstM tMMltjr ` 22 23 TT 24 25 .. Alta Ann Kl*, 407 Willi* Rm A, Salina*, Salifaanla As m s v . Sallar, 00 ftsikr Ms., San Franaissi, SaUf* 26 Mitas totas tonali* 0a, MOSalifarnla St., San ItaMla^i 27 28 29 30 31 32 MM T. I11MS 4 n "n nammuL um m n 1 AAZX 10 2 r a d m u sjn m u 3 A R A JKK D i i 4 6 flt 6 rosoni a a m s t o b corpjix m i m * a b b i 7 CORK SfULASIOI COMPAKX M H Z OflRK CORPORATI, PLAKT ASBB8T05 00.. f . I , DORIS * M . DO. 8 DOTTOR AABESTOS t UPPUC CO.. ARHSDttC CORK 0 0 . YAK ARSDALE-HARRIS, PARA1V2XB COMP*U S , M C. 9 PABCO PRODUCTS. * C . PLAIT IUBBSR 4 A 8 W S 0 S CO. JOHKS MAHYIILE 00. FXKKHBi *S POH) V B M I S 00. 10 STATI 0OMPH1ASZQI USURA FD D P U D SSSS cAsuun oo. a r r a ca so ilt t 4 ofinr so. hdua- 11 r ia l D m r s r co. am n u Y s u n s v ra u x c s co. 12 afmdmta 13 H W B *9 AJTMMWff 14 COMES VW *afan*ml i n R U M CASUAZJET COKPAR w iD 15 Ila n w v la m pliaallm w f ila | n ili. Z I A n i a ll D a 16 a lla g a li * af s a li m ito att H lw fi i l a laila D a l * a* 17 lata lim a ami* lim a aal ya l Dawa D a l i l vaa Da a n im a * 18 lin a tm uN a aam rH tm D a ank faaPattm Oaapaagr. 19 Z I marna to a lrlka D a aaU m plD alim fim i Da f ila i af 20 potar oaaa&aaim Dam asi m ir a ppllaallaa ani Da amylaaant 21 22 a tta iia l D ia la aal am ila la D a M*tiMmate f ym r 23 i wmtastm m Da paaifiaaMms a f inatta M .* af D a Uhar 24 25 Z I la ala# ilia ca * D a l a a lita ma g in n a f Da A laabil- 26 ily U D D a lirn na vagai#* ly im m i im m ura m r 27 m a n ia * iafan im i Ima D m y n tjm ia a i. 28 Z i l i f a r t i allaga* flM N tJm iv, D a l D a D i* i l 29 aam* W D a t M D a f U D lattaa# m paatUa* tg natta# 30 Ao D A i* a f D a w**# 4**., m wi# f Salifaeeia m* 31 p ir lln lt f l/ MattanaAOl*# A5, AM AIO A ll aa* Att D araaf, 32 SU t mr. lAtra t 4 / MP?'J11^ 1 U I yw ytt OM W U M ilh m t 2 s MVMtfMUar m m i m , ,, i P l u m , Attamri iw i l M HIn euultr ta*| 6 6 y ir w q a r 7 Alt* Ann KUh, 07 WiUi M l IiUm , 0*1Ifmia 8 itmm Xallty U00 6okr 14*,, *n **i*>o, Calif %lt t i l n efu<ar 0*., jao California ltw tan Fraansi* 9 10 11 12 13 14 18 16 17 18 19 20 21 22 23 24 28 26 27 28 29 30 31 32 pm T. I ALTA ANN KISH, vs ELDON B. SPOFFORD, Referee San Francisco, 3/26/53 WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY. CORK INSULATION COMPANY, MUNDET CORK CORPORATION, et al, Claim No. S. F. 145-939 Injury: March 19, 1952 REPORT OF REFEREE ON ORIGINAL HEARING Application by widow of an asbestos worker alleging injury and death on March 19, 1952, from occupational disease. Everything in issue, including the Statute of Limitations and prejudice for lack of notice. Attorney for Fireman's Fund Indemnity Company admitted coverage for Charles Ayres Company and employment of decedent for one month from February 15 to March 19, 1952. Coverage admitted by Aetna Casualty and Surety Company for Mundet Cork Corporation and employment for one week in January,1952. Attorney for State Fund admitted coverage for Western Asbestos Company for 20 years up to January 1, 1953. State Fund also admitted coverage for Pabco R'oducts, Inc., and their successor, Plant Rubber and Asbestos Company, and asserted that Paraffine Companies, Inc., were self-insured and had no connection with Plant Asbestos Company. Attorney for United States Casualty Company admitted coverage for Cork In sulation Company and employment for broken periods in 1946 and 1949 and offered a work record, received as United States Casualty Company's Exhibit A. Coverage for Plant Asbestos admitted by Pacific Employers for the period January 1, 1951, to January 1, 1952, and by the same carrier for Thorpe & Son, Inc., for the period August 2, 194#, through December 6, 1951. The earniners statement from that company was received as Pacific Employers Insurance Company's Exhibit A. Mr. Mullen also stated that according to his information Van Arsdale-Harris Lumber Company was insured by Pacific Employers from August 25, 1931, to August 25, 193#, and thereafter by e*.-,*, vur< that Pacific Employers al'o ,,-- L Company for the period May 1#, 193#, to January 1, 1952. There was no appearance on behalf of Johns Msinville Corporation, but a letter from their attorneys stated they were informed that Travelers Insurance Company was its carrier in this proceeding* William Kenneth Green, called by defendant Charles Ayres Company's carrier, testified that he worked with the decedent for about a month prior to March 19, 1952, on the 8. S. GENERAL BREWSTER, at Pier 36, KISH 2 Claim No. S. F. 145-939 San Francisco, which was a commissioned vessel and had been converted into a troop ship and was under the MSTS. He was decedent's foreman and all of his work was done on the ship. He was working with him the day of decedent's death and they were insulating pipes in the hold of the ship. They were using fiberglass and magnesia pipe covering. There was the usual amount of dust connected with the work. They did not wear masks. It was a little wanner than usual that day and the witness asked for more blowers. He had received some but he said not enough and there were galvanised fumes in the hold that day. The decedent died at the end of the shift as he was going for his lunch bucket. There was asbestos in the magnesia coverings but not in the fiberglass. Witness does not know in what proportion. Charles Edgar Newell, called by defendant Cork Insulation Company, testified that he had worked for that company for 19 years and knew the decedent; that his company does cork insulating and has never used fiberglass or asbestos insulation except on rare occasions during the war, and that in small quantities only. He says Kish did no asbestos work for his company but cork insulating only. He is general superinten dent of the Cork Insulation Company. At times they use cork dust. He said it was not real dust, but was granulated. Eftward A. Dwyer, called by applicant, testified that he is an asbestos worker and was business agent of the Asbestos Workers Union, Local 16, up to January, 1952. He had known decedent for about 30 years. He worked with him during World War 1 for two or three years at Bethlehem Steel Plant, which was boat work, and the subcontractor there was Western Asbestos Company. He also worked with him in 1936 for a period of about six months at Sun Valley Lodge for Western Asbestos. The men were hired in San Francisco for that job. He also remembers decedent working for J. T. Thorpe and Son at Moss Landing, in 1949 or 1950. Before that he had worked for Plant Asbestos Company at Oleum in 1942. Decedent also worked Beven or eight months at the Standard Oil plant at Richmond in 1950 for. an eastern contractor named v, M. Kellogg, whose address he does not know. Says the hiring hall records are only kept for two or three years. He believes the list of employments prepared by the present secretary of the union, Hr. Chase, is correct. He said decedent worked for Dutton Asbestos and Supply Company during World War 2 at Kaiser Shipyard. He has worked with cork insulation and they use sacki fo/ji and when ;.t Is dumped the UUbO com: off it. He does not know the size of the particles. DISPOSITION: Continued for further hearing upon notice. BBS:Jrp ELDON B. SPOFFORD Referee, ALTA. ANN KISH vs. WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, CORK INSOLATION COMPANY, MDNDET CORK CORPORATION, PLANT ASBESTOS COMPANY, J. T. THORPE AND SON, INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ARMSTRONG CORK COMPANY, VAN ARSDALE-HARRIS, PARAFFINE COMPANIES, INCORPORATED, PABCO PRODUCTS, INCORPORATED, PLANT RUBBER AND ASBESTOS COMPANY, JOHNS MANVHLE COMPANY, FIREMAN'S FUND INDEMNITY COMPANY, STATE COMPENSATION INSURANCE FOND, UNITED STATES CASUALTY COMPANY, AETNA CASUALTY AND SURETY COMPANY, INDUSTRIAL INDEMNITY COMPANY, TRAVELERS INSURANCE COMPANY, GIDDINGS SUPPLY COMPANY, BAY CITIES ASBESTOS COMPANY, LIMITED, ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY, INCORPORATED, VAN FLEET-FREEAR COMPANY, IDEAL VENTILATING AND SHEET METAL WORKS, .LANGENDORF UNITED BAKERIES, INCORPORATED, E. B. BADGER AND SONS COMPANY, MADDEN PLUMBING AND HEATING COMPANY, L. J. MADDEN (Owner), KAISER ALUMINUM AND CHEMICAL CORPORATION, RICHMOND SHIP BUILDING CORPORATION, GENERAL INSULATION AND SUPPLY COMPANY, and PACIFIC EMPLOYERS INSURANCE COMPANY Eldon B. Spofford, Referee February 8, 1955 San Francisco Claim No. 53 SF 1*15-939 Injury March 19, 1952 REPORT OF REFEREE'ON FURTHER HEARING Counsel for Plant Asbestos Company stated that be withdrew the stipulation as to Insurance coverage for the period 1938 to 1952. Counsel for Industrial Indemnity Company stipulated to Insurance coverage by either that company or Industrial Indemnity Exchange for the period 19*12 to 1952 for Dutton Asbestos and Supply Company. He also stipulated to Insurance coverage for Kaiser Aluminum and Chemical Corporation by Industrial Indemnity Exchange for a period not known to counsel at the present time. Alta Ann Kish testified that she is applicant In these proceedlngs, and that she married the decedent July 31, 1913, at San Rafael, California, and produced a marriage certificate showing a marriage performed by Judge W. J. Magee. There was never any divorce or separation. Her husband supported her throughout their marriage, and she never vorked. She Is now of the age of 62. There are no children of the marriage liv ing. She is at present living with an aunt of her huSbani. Her husband was of the age of 68 at the time of bis death. ux> uhu storked in asbestos work sin- > ae .xeu uu narco 19, 1952. She paid the funeral expenses of *509.00 to H. F. Suhr Company, except for a balance of *172.00 on said bill. She also paid Voodlawn Cemetery an additional *387.25 for a burial plot. ALTA ANN KISH Claim No. 53 SF 145-939 February 18, 1955 Page 2 Her husband's earnings had averaged better than $4,000.00 a year for the past ten years. As a young man her husband bad been healthy and engaged In athletics, including boxing. The first changes she noticed in bis physical condition vere around 1936, and at that time an Insurance company refused him life insurance because of a bad cough and difficulty in breathing. Around 1940 he commenced using a separate room for a bedroom. He could not breath lying dovn, and he slept in a sitting position using big pillows in his bed. He also coughed large quantities of sputum. His condition gradually grew worse. Around 1945 or 1946, she noticed his color be came pale, and he was sick every morning until about ten o'clock. He had a heart attack in 1947, which occurred at home after a hearty dinner. Dr. Mendle'came out and had x-rays taken. Her husband stayed home a few days only, and she denied that he had any other heart attacks. She vent to his place of employment several times In Sausallto. This was during the war, and the Plant Asbestos Company had a shop there where her husband worked in connection with the shipyards. She said the asbestos dust was thick in the shop. Later he went to work for Western Asbestos Company, where he worked in asbestos principally but also with cork covering pipes, boilers and refrigerators. At night his clothing would have asbestos on it. Cross-examined, she denied that there was any previous marriage of either her husband or herself to another. She admitted that no promise of compensation had been made and no compensation had been paid, and no medical treatment bad been furnished or promised to her husband. She said that as early as 1936 he thought that bis condition was caused by his work, and that he was told so by Dr. Mendle in 1947. He went to the doctor at intervals after 1947, and the doctor called at the house at times, possibly a dozen times altogether. He stayed off work for maybe a day or two at a time, but this occurred only four or five times. In 1947 he was laid up for about two weeks. She denied that be had gone to a doctor for treatment in 1936, but said he vent for purposes of examination for a life Insurance policy. She believes that the first time be had gone to a doctor was in 1947. He worked on ships off and on, but he had not worked much on ships during the last five years. He worked for Thorpe for one year at Moss Landing, she thinks in 1950, and during the latter part of the job be got worse and complained of a crush ing feeling in bis chest. However, he refused to go to the doctor. He was off once for five or six weeks as a result of some broken ribs, during which time be received compensation and was treated by Dr. Morale. That doctor has been bis only physician. Dr. Robert A. Mendle testified that be graduated from D. C. in 1942 and has been in general practice since 1945 i He first saw the decedent January 4, 1947, st which time be made a ALTA ANN KISH Claim No. 53 3F 145-939 February 18, 1955 Page 3 diagnosis of basilar pleurisy and pulmonary fibrosis. In March 19^7 , the symptoms had increased, ana the patient bad a congestive heart failure. Digitalis vas prescribed. Blood pressure vas normal at that time. He assumed from the history that the pulmonary fibrosis vas a form of pneumoconiosis knoun as asbestosis. It is true that such a disease progresses with out further exposure. It vas in a moderate, or second degree stage. He advised him at that time, namely, In 1947, that his condition vas due to his work. The patient sustained some broken ribs in January 1948, and he vas off vork six weeks. He vas working at the time for one Harry Williams. The insurance carrier vas Pacific Employers Insurance Company.' The witness stated that congestive heart failure cuts down ventilation and produces fibrosis, but does not itself cause myocardial infarction or occlusion. He last saw him as a patient in March 1948, and since then has seen him only socially. He can only conjecture as to the effect his vork had on the progression or the disease. His assumption of the existence of the disease is from the history only, and since no biopsy vas made he is not sure of the diagnosis of asbestosis. On his first visit he received a history of cramps during the night before, and of shortness of breath existing for several years. On his second visit, in March 1947, he re ceived a history of morning sickness and night cough and cramps, also of dyspnea for elx or eight months. His vork history vas of vorking in asbestos for 49 years. The patient vas of the age of 63 at the time of his first visit. His opinion of the oauses of death Is that the causes were acute coronary occlusion, coronary sclerosis, hypertrophy of the heart, chronic heart congestion, and cor pulmonale. % believes that all of these together caused the coronary oc clusion. He believes that the asbestosis gave rise to hyper trophy on the right side of the heart. He received a history that on the date of the death decedent vas vorking on a ship in the bold and it vas difficult to obtain sufficient air. He did not himself attend the autopsy. The two x-rays taken about a year apart were essentially the same. The heart congestion or March 1947 cleared up after medication. The x-rays shoved density at the bllus and widen ing of the inter-costal spaces and emphysematous. Edvard A. Dwyer, recalled by applicant, testified that be vas business agent for the decedent's union from 1942 to 1952. The decedent worked in asbestos and cork installation, and witness had vorked on various jobs first job vas in 1917, at which time he vorked on tankers with him, and there vas plenty of asbestos duet. He later vorked with him in Sun Valley on construction of the hotel there. This vork vas in the open, but there vas a certain amount of ALTA ANN KISH Claim No. 53 SP 145-939 February 18, 1955 Page 4 dust from handling the asbestos. He also vorked on a Standard Oil job with him at Richmond in a refinery and certain other jobs of short duration. The last job he worked on with de cedent was in 1942. He Is familiar with the shop in which decedent worked In Sausalito in 1942, and he said there was plenty of dust there and not enough blowers. In working in closed spaces on ships, besides the asbestos dust, there is also smoke from the welders and burners, and it is dusty in the holds. While working on ships there are also fumes from spraying paint, but they do not work in enclosed places dur ing the same time the painters do the spraying. Applicant's attorney requested a further hearing. DISPOSITION: Continued for further bearing on notice. EBStMAM ELDON B. SPOFPQRD REFEREE ALTA ANN KISH vs WESTERN ASBESTOS COMPANY et al. ELDON B. SPOFFORD, Referee April 6, 1955 - S. F. Claim No. 53 SF 145-939 Injury: March 19, 1952 REPORT OF REFEREE ON CONTINUED HEARD; G Counsel for both sides appeared and stated that a Compromise and Agreement had been agreed on but had not yet been filed. It was impossible to proceed with a hearing in this case today, at any rate, because of the length of other cases on the calendar. Counsel stated, however, that there was no need for a further hearing if the settlement agreement were approved. DISPOSITION : Submitted on Compromise and Release Agreement to be filed. EBS:rva ELDON B . SPOFFORD, Referee k tc r e THE INDUSTRIAL A C C I ! c e s s io n OF the sta of caufcrnia CLAIM NO. 53 SF 1A5-939 ALTA ANN KISH, Applicant, VS. WESTERN ASBESTOS COMPANY, CHARTS A ^ S CCOOMRKPACNOYR, PCOORRAKTIOINNS,ULPALATINOTNASCBOEMSTPOANSCY,OMMUPNADNETY, J T THORPE AND SON, INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ARSTRONG CORK COMPANY, VAN MlSDALE-HARRIS, PARAFFINE COMPANIES, INCORPORA. PABCO PRODUCTS, ^CO^O^TED, fF IR - R D M IT r S S ? S ^ o f s A ra O B INSURANCE FUND, UNITED STATES CASUALTY COMPANY, __ AtnEtTNt'A^TCOAISlTU.AILNTDYEMANNDITSYUCROEMTYPACNOY,MTPRLAYV, ELERS INSURANCE COMPANY, G3DDINGS SUPFLYCOMPANY, BAY CITIES ASBESTOS COMPANY, LIMITED. ROBOTS ISLAND DREDGING AND IMPROVEMENT g g 0* OAPRPDREOR VING COMPROMISE AND RELEASE treni San Fiwclwt Offici MAY 1 G wb taaatfiaiAoet<antGam m laalaa ta ta a f C alibrala S j X m shifbbiim corforation, OTERAL ALTA ANN KISH vs. WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, CORK INSOLATION COMPANY, MUNDET CORK CORPORATION, PLANT ASBESTOS COMPANY, J. T. THORPE AND SON, INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ARMSTRONG CORK COMPANY, VAN ARSDALE-HARRIS, PARAFFINE COMPANIES, INCORPORATED, PABCO PRODUCTS, INCORPORATED, PLANT RUBBER AND ASBESTOS COMPANY, JOHNS MANVILLE COMPANY, FIREMAN'S FUND INDEMNITY COMPANY, STATE COMPENSATION INSURANCE FUND, UNITED STATES CASUALTY COMPANY, AETNA CASUALTY AND SURETY COMPANY, INDUSTRIAL INDEMNITY COMPANY, TRAVELERS INSURANCE COMPANY, GIDDINGS SUPPLY COMPANY, BAY CITIES ASBESTOS COMPANY, LIMITED, ROBERTS ISLAND DREDGING AND IMPROVEMENT COMPANY, INCORPORATED, VAN FLEET-FREEAR COMPANY, IDEAL VENTILATING AND SHEET METAL WORKS, LANGENDORF UNITED BAKERIES, INCORPORATED, E. B. BADGER AND SONS COMPANY, MADDEN PLUMBING AND HEATING COMPANY, L. J. MADDEN (Owner), KAISER ALUMINUM AND CHEMICAL CORPORATION, RICHMOND SHIP BUILDING CORPORATION, GENERAL INSULATION AND SUPPLY COMPANY, and PACIFIC EMPLOYERS INSURANCE COMPANY Eldon B. Spofford, Referee Dictated May 6, 1955 Claim No. 53 SF 1^5-939 Injury March 19, 1952 REPORT OF REFEREE ON ORDER APPROVING COMPROMISE AND RELEASE The widow of an asbestos worker filed herein on January 16, 1953, an application alleging that decedent, aged 68, con tracted asbestosis and pulmonary fibrosis as a result of numerous employments over many years, resulting in death on March 19, 1952. A compromise and release agreement has been filed, wherein several of the defendants agree to pay a total of $2,750.00 in settlement, nothing heretofore paid. tarings have teen held in this case -- " *u' signed referee, and many legal questions arose, Including the defense of the statute of limitations, and there is evi dence that the decedent knew of his condition and its causal relation to his employment as early as 19^7- In view of all ALTA ANN KISH Claim No. 55 SF 145-959 May 6, 1955 Page 2 the difficulties in the case, applicant's counsel seemed veil advised to effect a settlement with the employers or their carriers during the times when the decedent had any substan tial length of employment, and the settlement reflects in the amounts contributed the length of service with the defen dants involved. It appears to the undersigned referee, and apparently also to applicant's counsel, that the continuance of the litigation herein wouls be costly and might avail nothing, and that a settlement is the desired solution. Applicant's attorney requests a fee of $400.00, which in view of the difficulties of the case and the time consumed, appears reasonable. RECOMMENDATION: Approve compromise and release, payable by the defendants in lump sums as indicated, less an attorney's fee of $400.00 payable to applicant's attorney out of the contribution of Fireman's Fund Indemnity Company. EBS-.MAM ELDON B. SPOFFORD REFEREE BEFO/" THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE OP CALIFORNIA ALTA fOW K I S H . / CLAIM NO. $3 SP 11*5-939 ) Z^ / ^ Applicant ) vs ) ) ORDER CORRECTING WESTERN ASBESTOS COMPANY, CHARLES AYRES COMPANY, ) ORDER APPROVING CORK INSULATION COMPANY, MUNDET CORK CORPORATION, ) COMPROMISE AND P U N T ASBESTOS COMPANY, J. T. THORPE AND SON, ) RELEASE INCORPORATED, DUTTON ASBESTOS AND SUPPLY COMPANY, ) ARMSTRONG CORK COMPANY, VAN ARSDALE-HARRIS, ) PARAFFINE COMPANIES, INCORPORATED, PABCO PRODUCTS,) INCORPORATED, P U N T RUBBER AND ASBESTOS VJ0RK3, ) JOHNS MAi-'VILLE 'COMPANY, FIREMAN'S FUND INDEMNITY ) COMPANY, ST/TE C'MP1NS/TION INSURANCE FUND, ) UNITED STATES CASUALTY COMPANY, AETNA CASUALTY ) AND SURETY COMPANY, INDUSTRIAL INDEMNITY COMPANY, ) TRAVELERS INSURANCE OOMPa NY, GIDDINGS SUPPLY ) COMPANY, BAY CITIES ASBESTOS COMPANY, LIMITED, ROBERTS ISLAND DBEDGING A "ID IM PROVEMENT COMPANY, INCORPORATED, VAN FL ET-FREE.- R OOMPANY, IDEAL ) Mailed Fron San F r : r :ico Of: ) ) o <" "- VENTILATING AND SHEET METAL WORKS, LANGENDORF ) UNITED BAKERIES, INCORPORATED, E. B. BADGER ANO ) SONS OOMPANY, W .DDEU PLUMBING AND HEATING COMPANY,) L. J. MADDEN (Owner), KAISER ALUMINUM AND CHEMICAL) CORPOR/TION, RICHMOND SHIPBUILDING CORPORhTION, ) GSSimL INSULATION AND SUP 2LY COMPANY, ..ND ) PACIFIC EMPLOY !RS INSURANCE COMPANY, ) Defendants ) _________________________________________ ) Order Approving Compromise and Release having Issued May 16, 1955, wherein it appears that one of the defendant employers was incorrectly named, IT IS ORDERED that the title of the employer named as "Plant Rubber-and Asbestos Company" stand corrected to show the name to be 'Plant Rubber and Asbestos Works". j ^ ^ fcy/ --j ^ /-i , e j$ fo r* INoDpUSTTirR;IASLT>AICECIoDpENCTalCiOfMoMrInSiSaION | ^ / (.11 f . a . uhrekce ___________ JOHN J . 8YKON Commissioners aA^ H-T-1 7 t .hJ^ T ALT/ ANN KISH va WESTERN ASBESTOS COMPANY, et al. Eldon B. Spofford, Referee June 3> 19S>5> Claim No. 53 SF lit-5-939 Injury: .arch 19, 1952 REPORT OF REFEREE- ON ORDER CORRECTING ORDER APPROVING COMPROMISE AND RELEASE Order approving compromise and release issued herein May 16 , l->55 stating that of the total settlement figure the sum of ,,>350.00 was to be paid by The Paraffine companies, Inc., pgbco Products Inc., Plant Rubber and Asbestos Company. Counsel for said employers have now called attention to the error in the name of the latter employer, stating that the correct name is Plant Rubber and Asbestos Works, and it appears from the comoromise and release agreement that Plant Rubber and Asbestos Works was named and the word 'Company" should be corrected to read "Works" . xhe referee is accordingly attaching m order for such correction. EBStmam ELDON B. SPOFFORD, Referee