Document qkOBLmLBYreKDqJxJdDknnbxK

FILE NAME: Quintec (QUIN) DATE: 1956 DOC#: QUIN008 DOCUM ENT DESCRIPTION: W C Claim - Swartout * tl 9m m KiMtti 4*>tii 4.9YIV -r/ ir&S TOENSAIFJER ADfUSTAtENT SERVICE, INC. iM ttffU N Cr AOJUGTC** f t 1 : 2 : 3 s C iM i n 4,C www UWAWt, or^ct n. oukc ro tccr O M v i w tiifi xHiAwiHfMi COI .MISSION OK THE STATU OK CALIFORNIA CASE NO, 169-171 k i : V* U ^ M ' 5 BEROIT A. SWAK0UT, 6 : Applicant J 7 i T. ) DECISION after reconsideration 6 \ KUNDST CORK CORK., HARK! A, DUTTON, } * INC., DUTTON ASBESTOS CO,- DUTTON ) : 9 : ASBESTOS fe SUPPLY CO,, USTEEN ) j 10 i ALTSDB.E,STOCSORCK0I.NfSUBLAAYTICOINTYCOA.S-BESITSOC.S,CO., )) ! WESTERN FIBER O U S S COMPANY, OENERAL J 11 : INSULATION & RUBBER CORPORATION, j ARMSTRONG CORK CO., JOHNS HAUVILLS ) 12 : SALES CORPORATION, C. C. MOORE & CO., ) J. T. THOR?!' & SON. INC., li. R. ) 13 : CARPENTER, AETNA INSURANCE COMPANY, ) : STATE COMPENSATION INSURANCE FUND, ) U : INDUSTRIAL INDEMNITY EXCHANGE, ) Vi, , ' INDUSTRIAL INDEMNITY COMPANY, LIBERTY ) 15 MUTUAL INSURANCE COMPANY, TRAVELERS ) INSURANCE COMPANY, STANDARD ACCIDEUT j 16 i INSURANCE COMPANY and PACIFIC EMPLOYERS) INSURANCE COMPANY, ! 17 1 Defendants IS \ _______________________________ ) 19 20 ! Reconsideration having been granted heroin and the 21 ; matter having been carefully considered, Including transcripts 5 ' 22 i oi the testimony, as well as the record as a whole, this Cocnis- -I 23 : slon now concludes that further proceedings are not essential 24 : for the disposition of the claim and makes its Decision after t H 25 ; Reconsideration as follows: 26 : GOOD CAUSE APPEARING THEREFOR, ! 27 : IT 13 ORDERED that Findings and Award filed March 4, 24 : 1954 be, and tho same is, vacated, annuli ed and set aside, and 29 : 30 : 31 : that the following Findings and Award be substituted in lieu thereof and mado the Decision after Reconsideration of this Commission. U : t / t l: > 2 e yiPDIHOS OF FACT I. John St Swartout, while employed as an asbestos worker 3 l in the County of San Francisco, State of California, on January 1 4 ! 10, 1955, by Western Asbestos Company, sustained an injury arising 5 # out of and occurring in the course of his employment, consisting 6 1 of substantial and material exposure to asbestosist At said time, r 7 3 the employee's wages were maximumt m 3 2 There may have been like exposure in other employments *4 9 e*e both within and without the State of California. 10 9s 3. Applicant has elected to proceed against the Western 0 11 * Asbestos Company and its insurance carrier, the State Compensation 4 12 Insurance Fund, pursuant to labor Code Section 5500.5 ! 13 3 4. Said Injury resulted in temporary total disability 14 ft beginning on January 11, 1955, continuing to and Including June 5, e 15 1956, entitling the employee to temporary total disability indem 16 3 17 3 e 18 3 3 19 3 3 20 1 5 21 3 22 3 3 23 24 e 25 e e 26 * 3 27 3 3 28 e e 29 3 3 30 3 e 31 3 3 32 3 nity at the rate of 35 a week in the total sum of 2,555. 5. The evidence establishes that said employee failed to give defendants notice of his need for medical treatment to cure or relieve him from the effects of said Injury. 6. The employee dlod on June 6, 1956, and the evidence establishes that said death was proximately caused by the Injury herein, 7. The application for adjustment of claim was filed herein within one year from the (late of said injury. 8. The evidence fails to establish that defendants or any of them have been prejudicod by lack of notice of the claim asserted herein. 9. Said employee left surviving him his widow, Berglt A. Swartout, the appl leant herein. 10. Applicant is entitled to tha statutory burial expense of $400. II. The employe incurred expanse In the sum of 35 for wartout i 1.69-m ; Tce aft Rec 2 088  I 1 : examination and report by Dr. Allan E, Hoe required to success 2 : fully prove M s case. 3 : 12. Applicant*s counsel, Smith & Parrish, have performed 4 1 services of the reasonable value of $600. 5 * AWARD f> ! AWARD IS MADE in favor of Bergit A. Swartout and against < 7 j the State Compensation Insurance Fund of accrued temporary disa j? ; bility indemnity commencing January 11, 1955, to and including ' * 9 ! June 5, 1956, at the rate of $35 a week in the total sum of 10 i $2,555, payable forthwith. i n j AWARD IS FURTHER HADE in favor of Bergit A. Swartout and 12 ! against the State Compensation Insurance Fund of a death benefit 13 : in the amount of $7,000, payable at the rate of $35 a week begin i U i ning June 6, 1956, le9s $600 payable to Smith & Parrish as : 15 : attorneys' fee. 16 ; AWARD IS FURTHER MADE In favor of Bergit A. Swartout and i 17 : against the State Compensation Insurance Fund for burial expense '< 18 : In the amount of $400. AWARD IS FURTHER MADE in favor of Bergit A. Swartout and 19! 20 : against the State Compensation Insurance Fund of the sum of $35 21 ! for medical litigation costs, payable to Dr. Allan E. Hoe. 22 J XT IS ORDERED that all payments herein ahall bear interest I 23 ! as provided by Labor Code Section 5800. t 24 * 1 25 t INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OK CALIFORNIA 26 { 27 ! F.A.I.nuroncr 28 i ; 29 :: 30 ! V.t.ea DeV.sra, Jr.* Coicaisslonera `htf V 31 32 * Swart out j 169-171 * Jc c aft !(e 3 089 BERGIT A. SWARTOUT June 6, 1958 V . MUNDET CORK COUP., HARRY A. DUTTON, INC., BUTTON ASHKSTOS CO., DUTTON ASBESTOS U SUPPLY CO., WESTERN ASBESTOS CO., DAY CITY ASBESTOS CO., LTD., CORK INSULATION CO., INC., WESTERN FIBER CLASS COMPANY, GENERAL INSULATION fit RU3ER CORPORATION, ARMSTRONG CORK CO., JOHNS MANVILLE SALES CORPORATION, C. C. MOORE & CO., J. T. THORPE & SON, IRC., II. 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 CCMPAifY and PACIFIC EMPLOYERS INSURANCE COMPANY Case No. 169-171 REPORT OF PANEL ONE ON DECISION AFTER RECONSIDERATION The record reflects that 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 asbestosie. 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. Employee1s death on June 6, 1956 v/as 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' 3 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.r.T uremie '.;.7>ee De lern Jr., Ccli.lionata V.. c.V. v*v f- hi , \ W -*f. A*^i r r o * *, 7 i A ' . i *- 1 3 4 5 6 7 8 9 IQ u 12 .'. 'I ,* r~ . ? * 4t , i * . X I* * r * T r t' * r * *> '< u ' I | ^ W ii. < 1 4 V \Jt 1 * T ' : J- . r<*.! l l : * t ;.;. ^ *;? i ' - > m < -^ * *** * ^ v j ik* k > cr* w.u # .'. i , . x i A . *- - *i 1 VO I ' r " ' .* r - ' V v * '**** a ? . - | , * - t L j a ( *' i . jj T1 ` : j J> v < 4 | -- - -. '* > > ^ ' * ' * 3 - I ,1 : f ' i :.... ' >M* i g s * l t i t . I t * ., . . 'I J J ^ a| ' f ^ *i` + H l * . ' ' ' # ( J i * * 1 **. . * * *. * J t f 1 ;, _ ... * i, # -I c * ? -, .- *- *. r .-*'* - % *1 * 1 l V . I ** . I ri ^ " . p * 1 v ^ V t W * k ^ ^ a. * A <l'f .. t 13 14 15 r ie 17 15 19 25 21 22 23 24 25 28 27 23 2C . Z3 II v U r l i c i h -v -u Li* ! s.: i V 0-*7 / , t I J A-,4-- A -- * r k 4 . . *'i t i W . i i l \ ; f * r r . X r w wV . A * ,,vti.U-.ii X, i; V i i , a;.*; t a : *ar.j f c 2 - v r y 1 - , .r a w - - :: r;- v> * * I+ d i - k ik -j -T - ' M .-- *`H * r * * ** ~ v* ,,. -. . < > , * -L rv J o h n J-S'ytisn Holnr.d I'rrinln^ \ i k 3 * ` t a i J 7A* *.*i*, <r j J i h` | <<i.. s." -I l 's t X 'r ^ t| ,, . 1 * V* * ' ft* %* j . 1 tH J b` r . * V * 4 " ' ' i. ^ 1 ^ * - . 1 * / . r * 1r * * c:> * * * .-* I. < i .. n . V r V ' ^1 * v*.J *,* .krj - - ...... j4 % ^ 3' *. * J . . <1 0 9m ] 4^ J V- . *4 f t . t m * . *4 * # tV *| i ii * ' * * . -J 1/ . * > >< t .' .r' 5 V * * - , / . 'H . * *J % v ^ * 9 * 1 t*V 1 ) * * * r * 4 > kr r f . v : .. c .. .h | s 4 i4-> 1| t .f l * I ' 4 t ** * I ' 4 *4 ^ u . .. -., *. - .% i , ' +m t i i - . . 1 + . f- * *p\ i * * t V ^ v . A 1 .1 . * 1 * 4 . ^ V J, * * 1 ` ` i . t | 1 1 1 -* % - .A< jfV^ i 4il - -..-7 1 ," i . i .* , 'l 7 - ; . \ i * p . .f if ^ ^ V i- c v..,: . ^ - * .* i i. r -- 1, '. A 4 4 v- . . ii M V ii A v b ;V 1 V m f * 4, + ,,i;. x c V ***> or /..3 * v- f ' r I f\* w * * 4i l V .<A-k 1' | %* f'%c4Mf m I . 1I141 . > 4; * V ' . ** - *, *. < **+** J ' m * V *r L ' r. .-* i V-4 ` * r l .. ^ A*' " r f1' ^ i ,^ f r jf r \^* V - t V . - ' '-i s v .. c iA i i F . r if l w r n n < * e * lohn JaPyiHrti R o l f i n r f J . aI o n n i n i ; W- W . . - '* T * 092 1 BERGIT A. SWARTOUT VS MUNDET CORK C O R P ., e t a l , R. 0. Purvis, Referee March 27, 1956 Claim No. 55 SF 169-171 InJ: 1-11-55 (Dec) REPORT OF REFEREE ON RECONSIDERATION (DUEs April 17* 1958) Defendant petitions for reconsideration from an award to applicant, the widow of an employee who died of asbeatosls. 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 indus trial Injury, etc., are correct. The undisputed facts are that applicant, an asbestos worker, sustained injury In his occupation consisting of asbestosls. His disability began on January 10, 1555- Re died on June 6 , 1956. He filed an application for adjustment of claim on December 30, 1955- His widow was substituted as party ap plicant 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 Limi tations 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 iKe Labor code. In support of Its position, defendant cites two oases. One, Blanco vs I.A.C., 9 CCC 06, However in that case, the employee never filed a claim and 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 wa3 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 ho injury, and the widow attempted to re-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 question of the Statute of Limitations from issue because of the language of Labor Code Section 5404 so far a3 the widow's claim is concerned, and with this answer the under- 093 BERGIT A. SWARTOUT-- IAC #169-171-- Page 2 signed Referee ia in agreement. It is the opinion,of this Referee that the claim is not barred by the Statute and further, that defendant's p o sition is equitably Impossible; that even assuming that the statute bars the claim if no benefits had been paid within a year of filing for the death benefit, they are estopped 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 to him. The po sition of defendants, if adopted, would bar a great per centage of industrial disease claims, and that was not the intent of the Legislature. Applicant has filed an answer to the defendant's petition which is convincing and adequately answers their conten tions. RECOMMENDATION: That defendant's Petition for Reconsideration be denied. R. 0. Purvis, Referee AA A Tl m;iiij.wp in i in jiwgi^rurmini,^nijjiii>n W I n iiujW ,t,ij|| n.nmii t.i vr*nfrn -- ~in~ Ciw't'a J At ' -mi-- --'i-frirT"'r-^n*i 'mut n - J ''iP C 'fyd-tn^rrfi'i r * i M X u M f t k p ^ ' r v --- /i'P w t'tP P C s* * * H-W jp ir + r ? .. _ /j V W J A - * ' ^ " ` 7 ^ *" ; 4 . 4~~ * \ 'ir iih n '// i * i / A{ * / , - . . > ,>.i A ' - !'" > ' ] tv/ -. 1 '< A / t * * l **-- > -- * ^4 /"W -c d S i- i V i- ' f r ` C - c ) \ - - i- ^ - t t > S / / * - A i v W * / * , rjfa- ^ bn U ' t U + ^ - U S ? Y q w h ^ - ' f * ,f t r , s w j 4 ' ' -v rt + + - / t / y " }' i ~ c 'r T " f ' J ~ ' ^ VvY/, 1 & , f* 'J7-M hQ ftn * ^ '-1-* ;< i L T V , *-- / \/ ' I j / * }*/' *'** ' t f Z l' -i * * f / a f il s V [ i- ' W v * 4 ' /fc ' j \ a c r \ ''"1 j'J-f*"H // 7 '1 ' y -` / f f j r C J M 5 'p ^ /* j f if .K?- *' ; `WRr frfiwmiiniinV fciwiirftaw e m p l o y e r s m u t u a l l ia b il it y INSURANCE COMPANY OF WISCONSIN EMPLOYERS MUTUAL FIRE INSURANCE COMPANY HOME OFFICE: WAUSAU, WI SCONSIN Armstrong Cork Company Liberty and Scarlet Streets Lancaster, Pennsylvania Attention: Mr. R, C. Schiedt, Jr Insurance Department Address Reply To CH PLO VER* M UTUALS OF W AUSAU > 00 MOUNT LEBANO N SOULCVARO PITTBSU RO H > 4, RCNN, LOCUST 3*21X4 John E. Swartout v. Armstrong Cork Company Claim A42-35421 Gentlemen: Persuant to jay telephone conversation with Miss Sukite in your Pittsburgh office, I a m writing to you directly. The matter that I am writing to you about concerns certain infor mation that I need about a former employee, whose name is John E. Swartout. His social security number is 472-10-9376, It is m y understanding that this man was not employed at your South Gate Plant j in California; nevertheless, I will still need certain information \] to properly defend and action b y 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 asbestosi3. This award of course includes a $400 burial expense sum. This award was granted by Referee Purvis of the California Commission. I a m 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 entrance the period from November 26, 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 Yours very truly 096 lo C t A p rii 2, 195S Kr. Charles Scoarfd Eaiiloyers Mutual of Vtuoca P O Kt. Ltbcfloa Bouleviri Pittsburgh 34, Pa. Bear Hr* Scoaskit Eubjecti John E. Si'srtout -- 472- 10- 9*70........ i' i . * / /' r -------- ... A lottar frea oar iatriet offle in Pittsburgh otates you raqueote cartolo infoiaation cnaceining Mr. Svcrtout end lcft Tir c^ploy? vi vns trking your pilone cali, under th ioprossion that Svartout'a pioyaeat vna coverei by sa Daployera Mutati vorinaca* eo^peacation p?licy. Prlor to 1922, Araatreng Colie Coapeny dii boro n polle? vith Dcployer* Mutual eovelnu our m'acturili;; operati'?;'}? in Coutil usto, Cr.liui'alo* Kr* ci!rtout, hovever, vas not eaployed L i our Jicuth (iato Very truly your:', afksx;;x c coki ccviiVin: R Ci Cchiedi, Jr I n c u r v o Dsporticat JEZ Miss R. H. Su3dta, ACSS, Pittsburgh 097 (Arm strong ----- / C O N T R A C T I N G A N D & U f p t . Y c o r p o r a t i o n S v b ti d i a r y of Armtron9 Cork Com patty poor O fPte i s e x i n MTN ITRUT AMO AUUAHCNY ftlVCH P I T T S B U R G H 0. P E N N S Y L V A N IA Arc 1 - , ' *< . , . . . . i.ir/. March 31* 1958 William L* Hughes Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Mr, Hughes* Subject* John E. Swart out U72->lCH?S76 y '3 3 ^ i5 - Last Friday, March 28, 1958, I received a phone call from a i -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 subject employee* Mr* Swartout is from the state of California. Be worked for us from November 28, 1950 to January 21, 1951* The reason for M s termination was Illness* The following is a list of the information requested: 1 Exact dates of employment. 2* Location of Work. 3* Type of occupation* 1*. Where he worked from Bov. 28* 195b to Jan* 2b, 1951 As this information is not available at this office, I would appreciate any help you can give me regarding this problem. If you would wish to forward information directly to Mr. Scomski, M s address is: Mr* Charles Scomski Employers Mutual of Wausau 300 Mt. Lebanon Blvd* Pittsburgh 31* Penna* Phone* LO. 3--2221* Very truly yours, ARMSTRONG CONTRACTING & SUPFLT CORP. '- / ? / s / (Miss) R* U. Sukits RS / 098 t I BEFORE[[THE INDUSTRIAL ACCIDENT COMMISSION OP THE STATE C ? CALIFORItlA 1 CLAIM 1, 55 SP 159-171 2 BERGIT A. SWARTOUT, v 'i . V'*123' 3 Applicant FINDINGS AND AWARD 4 vs. 3 MUNDET CORK CORP.; HARRY A. DUTTON, INC.; DUTTON ASBESTOS 00,; DUTTON ASBESTOS & 6 SUPPLY CO.; WESTERN ASBESTOS CO.; BAY CITY ASBESTOS C0.> LTD.; CORK INSULA 7 TION CO., INC.; WESTERN PIBER GLASS COM PANY; GENERAL INSULATION & RUBBER COR a PORATION; ARMSTRONG CORK CO.; JOHNS MANVILLE SALES CORPORATION; C. C. MOORE 9 & CO.; J. T. THORPE & SON, INC.; M. R. 10 SCTARAPTEENTCEORM;PENASEATTNIAONINISNUSRUARNACNECCEOMFPUANDN;Y; INDUSTRIAL INDEMNITY EXCHANGE; INDUS 11 TRIAL INDEMNITY COMPANY; LIBERTY MUTUAL 12 CIONMSPUARNAYN;CESTCAOMNPDAANRYD; ATCRCAIVDEELNETRSINISNUSRUARNACNECE COMPANY, and PACIFIC EMPLOYERS INSUR 13 ANCE COMPANY, 14 Defendants. 15 16 An application for adjustment of olalm 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. 0. Purvis, Referee, now makes his Findings and Award s 20 follows; 21 22 PINDIHOS OP PACT: 1. John E, Swartout, while employed 23 asbestos worker by various employers. Including the defendant. 24 Western Asbestos company, in California and elsewhere, sus 25 tained an injury arising out of and in the course of his em- 26 ployment consisting of asbestosls. At said time, the em 27 ployee's wages were maximum, 28 2, Applicant has elected to proceed against 29 the Western Asbestos Company and Its insurance carrier, the 30 State Compensation Insurance Fund, pursuant to Labor code 31 Section 5500.5. 32 3. Said injury resulted in temporary total ' if ' i. 1 disability beginning January 11, 1955 to and Including 2 June 5 j 1956. 3 4; The evidence establishes that said em 4 ployee failed to give defendants notice of his need for medi & cal treatment to cure or relieve him from the effects of said 6 injury. 7 5. The employee died on June 6 , 1956, and 8 the evidence establishes that said death was proximateiy 9 caused by the Injury herein. 10 6 . The application for adjustment of claim 11 was filed herein within one year from the date of said injury. 12 7. The evidence falls 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 la entitled to the statutory 18 burial expense of $400.00. 19 10, The employee Incurred expense in the sum 20 of $35.00 for examination and report by Dr. Allan &. Moe re 21 quired to successfully prove his case. 22 11. Applicant's counsel Smith ft Parrish, have 23 performed services of the reasonable value of $580.00, 24 AWARD: 25 AWARD IS MADE In favor of Bergit A. Swartout 26 and against the state compensation Insurance Fund of accrued 27 temporary disability indemnity commencing January 11, 1?55> 28 to and including June 5, 1956, at the rate of $35.0 a week 29 In the total sum of $2,555*00 payable forthwith. 30 AWARD IS FURTHER MADE In favor of B e r g i t A. 31 Swartout and against the State Compensation Insurance Fund -32 of a death benefit in the amount of $7 ,000.00 payable at hg ! - 2- Swartout-- ,7169171 1 the rate of $35.00 a weekbeginning June 6 , 1956/ less 2 isoo.'vi. 3 AWARD IS FURTHER MADE in favor of Berglt A, 4 Swartout and against the State Compensation Insurance Fund 5 for burial expense In the amount of $400.00. 6 AWARD IS FURTHER MADE in favor Of Berglt A. 7 Swartout and against the State Compensation Insurance Fund 8 of the sum of $35.00 for medlcal-lltlgatlon costs payable to 9 Dr. Allan E. Moe. 10 11 12 R. 0. Purvis, Referee 13 14 13 13 17 18 19 20 21 22 23 24 25 26 27 28 Filed and Served upon parties shown on of 29 ficial address record: March 4, 1558 hog 30 31 32 3 Swartout-- #169-171 t BEHOIT A, SWARTOtIT VS MUNDET COBK CORPORATION, BP At, R. 0. Purvis, Referee .February 26, 153 Claim No. 55 SF 169-171 m j s Asbcstosis (Deo.) REPORT OF REFEREE OK DECISION Applicant Is the widow o f an e m p l o y e e w h o dies of p n e u m o n o c o n i o s i s ( a 3 b e s t o s i G ) and claims accrued c o m p e n s a t i o n f o r t e m p o r a r y disabili t y and a d e a t h b e n e f i t . REPORT O F RECORD! Issues; There were no admitted facts, and all appearing defendants raised the additional Issues of statute of Limitations, prejudice by reason of lack of notice and Jurisdiction of the Commission. Disucssloni The record disclosed that the employee died on May 30, 1966, and the medical evidence is without oonfllot that hla death was due to asbestoBls. The employee filed the original application for adjustment of claim on December 30, 1955, The evidence in the record la that he first became disabled as the result Of asbestosls on January 10, 1955/ and that date was the first on which he knew he had the pulmonary disease. That date must be taken as the date of Injury. The application was filed well within a year from the date of Injury and, therefore,the claim is not barred by the statute of Limitations. Applicant may recover both accrued temporary total disability and the death bene fit. The issue of jurisdiction was raised, defendants maintaining that inasmuch asrsome of the employee's employment was on board ships (not yet commissioned) afloat on navigable waters, the Commission Is barred from making an award of compensation for that part of the injury occurring aboard such a vessel. This Referee does not agree with the contention. Applicant worked for the same employers, Western Asbestos Co,, both on new ship construction worl: and at work on shore and, as a result of such exposure along with other employ ments for other employers, was exposed to dust resulting in his disability and death. He filed his application with this Commission and not with the U. 3. Employees Compensation Commission. He had to elect one or the other and It was impossible to proceed In both. It la this Referee'B opinion that the California Commission may as sume Jurisdiction over the whole claim and that the maritime exposure Is compensable under the "tfcllight zone" theory of the case of Davis vs Department of Labor, 6 Cal Comp C 25, 317 US 249. In any event, the major portion of applicant's employment was non marl time, and It Is Impossible to segregate the exposure from either 102 BERGIT A. SWARTOUT-- IAC #169-171-- Page 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 self-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. S0P:hg R. 0. Purvis, Referee ** : i 4 I -rftJ m*cm* jyb iiriirriMirfinii StfARTOUT - Claim No. 55 SF, 169-171 R. 0. PURVIS, Referee Oakland - August 15. 1956 Injury: (Silicosis) Death: Hay 30, 1956 REPORT OF REFEREE Applicant testified substantially that she was married to the employee on July 5. 1939 at Albuouerque. 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 I960 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 Hay 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 $4600 to $5000 or $5200. He had worked steady at union scale. He had no periods of unemployment except one in 1947 or 1946 for about six months. Her husband discussed his working conditions with her, and how hard he worked, and how he was covered with dust, anu he felt his nose stuffed up with dust. His working blothes always had dust on them. She has paid the burial expense of $566.00, except for the cremation and the niche for the ashes. Exhibited a check to a mortuary, in the sum of $ 534*00. On cross-examination the witness testified substantially that on July 5, 1939 she married the employee at Albuquer que, New Mexico. That he has been married beforo. His wife had died in 1934 or 1935 in Minneapolis. That he had no children by this previous marriage. That she had net 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. 104 169-171 Swartout 6/15/56 (2) Ha was working in Porterville for the Western Asbestos Co. in 1954) and then they came to Sacramento in 1955. The last job he had done was for Armstrong Construction Co. for Bethlehem Steel. 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 home two weeks, and then he was taken to Springville Sani tarium, where he stayed two months. Following that they moved to Sacramento. At Sacramento he was under the care of Dr. Robert Karris, who put him in the Sacramento County Hospital; and then Dr. Harris sent him to Dr. Moe, Yiho took care of him the rest of the time. The last work he did was on January 10, 1955> and he was un able to work after that time due to asbestosis. On cross-examination by Mr. Schwab, the witness testified substantially that he worked for the Armstrong Ccrk 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 cross-examination by Hr. Jenner the witness testified substantially that the employee had never worked at Southgate, California. On redirect examination the witness testified substantially that the period of unemployment in 1947 was occasioned by the fact that they took six months time out and went to Chico to manage a motel. There was nothing wrong with the employee's health at that time, but they just tried out managing the m o t e l and then g ave it up. On cross-examination by ilr. Conklin the witness testified that the name of the motel was the Willard Motel. Also that the employee worked as an asbestos worker since he was sixteen years old. That she was with the employee when -Dr. Parkinson told him he had asbestosis. HOP:fg R. 0. PURVIS, Referee 105 SWARTOUT - Claim Ho. 3.F., 169-171 REFEREE! WILLIAMSON Oakland, 12-6-56 * Injs Silicosis Death: 5-30-56 REPORT OF REFEREE This matter was called for hearing at this time after having been continued from hearing of August 15, 1956. Wayne Kelly was called by the applicant and identified himself as a business representative of Local 16 of the asbestos workers of the international union. He has held this position for the past year. Prior thoreto he was an asbestos worker, and between 1545 and 1949 worked for Western Asbestos, where the decedent had worked. He had worked In the same areas and in the same work, applying asbestos to steam lines aboard destroyers located at Bethlehem Shipyard. He knew Swartout there and worked in the same compartments with him, doing the same kind of work. Reference to previously admitted exhibits indicates that Swartout worked for Western Asbestos from 1941 to November, 1947, and another |lace, 1940 to the end of the year 1948. See Commission's Exhibit No. The witness explains that asbestos comes In molded shape consisting of two halves which are placed aiound steam pipes and fastened there. In this work it is necessary to cut the molded asbestos lining to length, which is done with a hand saw. The work is in the confined rooms and spaces aboard destroyers, where space is scarce and rooms are correspondingly small. The men never wore respirators, and each man was exposed to the dust,, which was of white character, and settled on their clothes. The dust wa3 heavy, and with the working of the as bestos and the sawing, it permeated the air. On cross examination the witness stated that he and the other men work ing for Western Asbestos during those years used the Bethlehem plant as a sort of clearing house and worked out of this plant. His work with Hr. Swartout was on the destroyers, and Wayne Head was the foreman in charge of this work on the destroyers. During the years he was there, he also worked under other foremen. The work was quite dusty. He explains fehs asbestos dust floats in the air. It is much lighter than wood sawdust, and it is formed mostly of tiny particles or fibers that float through the air and may readily be seen when light strikes through the room. The dust settles heavily on. their work clothes. He states that he has observed that Johns Kanville is the brand of the asbestos material that is used by Western Asbestos, and that the pack ages indicate 85;, magnesium, and he believes the balance is asbestos. Where the material is to be put on very hot pipes, lesser magnesium is used and a higher percentage of asbestos is used. All the work he did with the decedent was in connection with the destroyers at the Bethlehem plant. When this work was done, the ships were tied at the dock and were floating in water, but the work was done prior to the ship's being commissioned. 106 W m i PII IinMiztli o S.?. 169-171 Page 2 Bergit Swartout, the applicant in this case and widow of the deceased, was called to testify by,Ur* Conklin, and she responded to questions . that neither she nor her husband were ever furnished or promised any compensation or any medical treatment as a consequence of the alleged injury. At this point the case is submitted. The parties request that the matter be referred back to Kr. Purvis for decision. It is further agreed that Ur. Purvis not be required to have a transcript of the testimony taken this day before this Referee. DISPOSITION: Refer case back to Mr. Purvis. m 'im ii n "Ui|igiiinj)ii.wmu HJW/et HERBERT J. WILLIAMSON, R e f e r e e M I, * * % I MiVnoec M W VOflK CtAWALIRG Tuts* ST LOUIS cmCAf'O IO S An g e l e s a t ia n t a 8iT T S ? 1'R -`*H *!**< A M : X A I > i 2 ; > I E ! l 3 & AX.3*i;XA?i:i]>IK;3 INCORPORATED INSURANCE AVERAGE ADJUSTERS 'CO N SU LTIN G ACTUARIES 2225 NORTH CH ARLES STREET, BALTIMORE IB, MD. Ju ly 29th, 1957 TELEPHONE TUXEDO 9-4304 PELL SYSTEM TELETYPE 8* S3 CABLE ADDRESS " ALEKBLUE" Hr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Hr. Schiedt: File B 7811*289 John B. Swartout Workmen's Compensation j Supplementing our letter to you of July 3rd in the above case, we ere advised by the Travelers that they axe carrying $2,000 fatal estimate, $80,00 funeral expense and $250. loss expense reserves, suggested by their attorneys after hearing the evidence on this case. While it is true, the widow has elected to n pursue the last carrier on the risk, this does not preclude the last carrier from Joining all other carriers in a subse quent action to seek contribution from them, and this is the reason the Travelers are carrying the reserves mentioned above. we remain Trusting this information will bring you Sincerely up-to-date, ALEXANDER & ALEXANDER, INC. SNBPAR3M2NT / 108  . (*' BALTIMORE NEW YORK CLARKSBURG TULSA ST. LOUIS CHICAGO LOS ANGELES ATLANTA Pit t s b u r g h SAN FRANCISCO NEW ORLEANS MIAMI A l X A r ' f J D I l C l R <& A \ x . n c x * 5L ? i a D i s a INCORPORATED INSURANCE AVERAGE ADJUSTERS CO NSULTIN G ACTUARIES 2225 NORTH C H A R LES STREET, BALTIMORE IS, MO. July 3rd, 1957 TELEPHONE TUXEDO 9-M04 EU. SYSTEM TELETYPE BA 5B2 CABLE ADDRESS "ALEXBUIE" Mr. R. C. Scbiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania , ,\j-j Dear Mr. Schiedt: Workmen's Compensation Claim John E.Swartout - 1/10/55 Claim B 7814289 - California We have today received a reply to our various inquiries regarding the above claim. The Travelers state that there has been nothing new since December 6th, the final decision not having been handed down as yet. At the hearing before the last one, it developed that the applicant, as he had the right to do, elected to pursue his remedy exclusively with the State Compensation Insurance Fund, and the Liberty Mutual Insurance Company* I r? y" " The company has not furnished us with the amount of reserve they are carrying and we are writingfor this information. JUst as soon as it is available, we will again communicate with you. Sincerely AKSXANDER & AtEIfliliJtHj UIC. ' - ^ / o s s --11 IEPAKfiffiST VO 109 June 23, 1957 Mr, C h r s t o p h e r Ioff Alexar.dsr & Aic^nder, Inc, 2225 lorth Charleo Street Boltinore 13, id. ' ' ' Dear Chrl* Sabject j torteen* a CoanenErtion C-lala 1 Joba E. - 1/10/55 C ic la trJ-Vl4~d / - California Hay 23 ve vrote yon r?;'ardin,3 tho sbova pub.lcot. le TravoLctv. earryinj e. reservo or has tho cala beca closed withoat peyaent? Vesy truly yours, JEZ R, C, Schicdt, Jr. Insuranco Br-partaent 110 Hay 23, 1957 Mr, Chrictophor Hoff t Alexrndor & Ataxcndsr, Inc, 2225 Korth Charles Street Baltimore IS, 14, Bear Christ Subject: Vorfcaen's Compensation Cl cits JTohn 2. f'rs rtn n t - l /lo/55 Claim 3-7oi4*o? - California A hcarins on the above case vns held December 6, 1956, vith more than a do*en employera netted as defendants in this death claim involving possible aobestoei3. Vili yon givo us the present status of this claim end show aaounts paid or reserves established* 7ory truly yours, H. C, Schicdt, Jr. Insurance Department JEZ 111 March 23, 1957 Mr. G. H. Finlny Alexander Alexander, Inc. 2225 Ilorth Charles Street Baltimore 1U, Hi. Dear Mr* Finley Subjsett Vorl3fHi,8 Condensation Claim John E. Svartout - 1/13/55 Claim 3-7312239 - California Vs arc voadcrlag if you hoard the rcsulto of the hearing bald Dssensber 6, 1956, on tha cbovo claim. Tory truly youre, Ai^sTPona c o n c t s v j i t B. C, Schledt, S t * Insurance D op& rtxeafc JEZ 112  V X P. SHRIVES AGENCY, General Agent 1801 UNION B A N K BLDG. PITTSBURGH 22, PENNSYLVANIA flW M 9 m l l 7 M O November 14, 1956 Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Dick: Re: 96-C 723 796 Armstrong Cork Company _____ John E. Swartout- >/>o!ss 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 / P . S H R I V E R AGENCY DBE:map D. B. Edgar 113 BoTCT.bor 13, 1956 Mr* J&aes Fcrjcoa Alexander & j'lcxrador, Ir.c* 2225 orth C h rric a S tre e t Bcltiaar lo, Ihuylend Bear Jini J Subject Clcin #55 SJ 169-171 - Bergit A. Swartout e received notice frea the Cali-fomia Industrial Acoidont CoaaiBoion that the hearing to be held in OMcXsnd, Dsccaber 6, 1956, he been chesged fraa hoea 206, 15?1 Webstar Street to Ibon 510, 577 - 14th Btreat* Very truly yours, 830 8* C* Schledt, Jr* In eu ran ea O epartaan t 114 Voveaber 13, 1956 Mr. D. B* Edsex V L. P, Bhrivsr Agency 1>1 Uaioa E-^at Building; Pittsburgh 2, Pa* Dear B&voi { Subject! Claim 55 S? 169-171 - Berglt A. Svartout Vo received notice from the California Industrial Accident Commission that the he-iirins to be hold in Oi&land, December 6, 1956, has been changed from Hoorn 206, 1531 Vebater Street to Hooa 510, 577 - 14th Street Tesy truly yours, B* C* Schiedt, Jr* Incurone Department S39 115  R.CS BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ------------------------------------------------------------- J e ~:;g i t a . ) ) Applicant oJtJ LOvii C O .'St hiiiiHY A . U T T viU fIN J*, L'liiiijU j' i' .y Co tU-'TGJl u D ) & GIL i'iA l/ jt j i;-hi iV..U* GO , et alf ) Defendant s CLAIM NO. 55 169-171 NOTICE OF CHANGE IN P U C E OF HEARING NOTICE TO ALL PARTIES You are hereby notified that the place for the hearing in the above entitled action has been changed to and will be held at Room 510, 577 - 14th Street (Corner of Jefferson), Oakland on the same date and at the same time as stated in the Notice previously issued i DATED at San Francisco, California, ^ November 7, 19?6 INDUSTRIAL ACCIDENT COMMISSION SERVICE UPON: Same as in last notice of hearing.;^] I\^ T J#I V .L P. SKH1VER AGR'CY, General Agent 1801 UN ION B A N K BLDG. PITTSBURGH 22, PENNSYLVANIA Phone Ofant t-7*00 November 5, 1956 Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Dick: N 0 V 6 f956 iv/jj Re : 9*-lf 72$ 796 ^Armstrong Cork Company John E. Swartout //jsar Thank you for your letter of November 2, advising that hearing in the captioned case will be held on December 6, 1956. We have notified the San Francisco Claims Office of the Standard Accident. Very truly yours, DBG:map m H o v c s b s r 2f 1956 Mr* Jenes Psnaoa Alexander t Alercnder, Inc* 2225 Horth Charles U r c a t Baltimore 18, Maiylend Dear Jin* Subject* a ala #55 8? 169-171 Ve received notice from the California Industrial Accident Coroiesion that a hearing will be held in Outlaid, California, December 6, 1956, in connection with the clain of Bergit A* Svartout, widow of John E* Svartout* ?e*y truly yours. R* Ca Gchiedt, Jr* Insurance) Department SSD 118 I z- :v -$ 7 / HoToaber 2 I956 Mr* 0, B, Edsar V. I* P* Shriver Agency 1S01 Union B:nfc Building Pittsburgh 22, Pa* -! ' ; .. r Bear Day* Subject* Claim #55 S7 169-171 ' - V received notice from the California Industrial Accident Coaaissioa \ that a hearing will be in connection with the Svartout. held in O:\hland, California, claim of Bsrgit A* Svartout, December 6 l??6j widow of John 2 Veiy truly yours. B* C* Sehiedt, Jr. Insurance Department BSD 119 diiFO.tii TH;i INi;UoT:tIAL A C ClbcJiT CO-iKIoSIOU 01- THi^STATu 0< C eL lF O .:;:] A BEiiGIT A. 0V...HTUUT, OC"f^ ^ ^ ^ Applicant, MUHuLT DUTTull SUIiLY VS COu& CO.iP.; HnrtttY iv. ..oBtoTOS CO.; liUTTOi: Go. 5WiiJTc-.iN ..SJEoTOS DUTTON,INC. j -SBE^TOu L C O . , et ai. * CLfli:. no. 55 j f 169-171 * f1 N O T I C E OF 7I.-.E iiNU PLiCE OF * FUitTi.ii.-t HE1.1UNG * Defendants * N O T l o t TO A Li. F i.iiTILS Y o u are hereby notified that further hearing will be held dn the above-entitled action at HOOK 206, 1531 WLBSTEli STilLLT DiiCEKuiEH 6 , 1956 OAKLnli.., O.-LIFOitlJIA, 9?30 o'clock a.a. Dated at: INtUSTilIAL ACCIDENT C0.`MISSION NOTE: COi<TlhUA:.Ciid AND FUxiTha.-t HttuilLQS' Ar.ii WOT KVO:iED. r/T V - :t-ro StrtVICE Ui ON : M c f 1 ^ See attached sheet for service 120 S la v ic s UPON; nercit a . nvartout, 5l rden ,*uy, oucruuo n t o , C a l i f . --,ith A Purrish, o01 F inancial c e n t e r olfc., Oakl u n u kndet Coric Corp., 7101 T o n n e l i e vo., w o r t h er^eh, he'.j J o r - y y h a r r 'M . Dutton,Inc*, 03L Kuttt.ft ot., o. F. Dutton .sbustos ft. o u p d y Co., ,>1; utoxa ot., o. f . b. u. Dutton Co*, 532 iiutona ot., o. x. -.et-tern nboi.tos Co., C 7 5 Tovvnsoti .t., ... f . hoy C i t y a s b e s t o s Co*Lta., hol 5 t h vc., Oakland Cork Insulation Co.,Inc., 7 o 0 bth ve., i t . Y. ..astern Fi b o r cl a s s Co., 739 *.ry a n t ot., o. x. /General Insulation & ,-iubbor Corp., 1247 .ain ot., ol Centro,aalif. Armstrong Cork Co., LancastorPenn. Johns r.unville ales Corp., LE *iast <*Oth ot., u . Y. Johns Lenvillo, Pittsburg,Calif. C* C. iioore x Co., 4b0 M i s s i o n ot., o. x*. J. V. Thorne :c oon,Inc., 1 3 5 1 O cean .ve., neryville, Cal* L. ii. Carpenter, 907 Front ot., oacrui;eiito,Cfcilii*. Phi H i n Care Mfg. Co., c/o Cen.^cc. x i r u x hire ssur. Co., Pacific i.:utuui bice*, o. f * Pillsbury,Madison & outro, 225 bush ot., o. F. Hadsell,i.*urnan ishop, 4 U 5 Mont, o^ery ~t., o.x. . etna Ins* Co., 220 llont- ornery ot., o. F. tute Fund, P e r s o n a l oervioe Industrial Indes.Co., 50 sansome ot., o. F. Industrial Inden.-CccUtinge, 155 oan s a i e ot.,o.F. Pacific I n d e mnity co., 1 1 4 oantxie ot., o. F, Liberty M u t u a l Ins. Co., 216 Pine ot., o. F. .Jtfap.loyors M u t u a l Liub. Ins, Co , o f d s * , 11-st ounsuiae ot., o, ^ T r a v e l e r s Ins. Co., 31b I.,,ontt.ornery ot., o. x. Votandard Accident Ins. Co., 417 Lontgoraery ot., o. x. Pacific ^!i;p. Ins. Co., too l.;onte;onery ot., o.F. Pacific iiiployors Ins. Co., 3770 P i e d m o n t ve., O a k l a n d General odder,t,Firo x L i f e a s s u r a n c e Cox'p*, P a c i f i c M u t u a oun Francisco x. 1 oidg Keith,Creode & oocfr.vick, 100 h u s h ot., o.F. Leonerd,Hanna Tc uroohy, 100 H u s h ot., o. F. Henry G. oanford, 714 Hobart uldg., o.F. Mullen & Fiiippi, 315 Montgomery ot., o. F. 121 V . t P. SMPdVER AGHMCY, General Agent 1891 UNION B A N K BLDG. PITTSBURGH 22, PEN NSYLVANIA rh*n< Grant 1.7K O September 19 1956 Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Dear Kr. Schiedt: Re: 96C 726 796 /Armstrong Cork Co, V John E. Swartout Thank you very much for your letter of September 16th, with enclosures. We have referred the entire matter to the San Francisco Claims Office of the Standard Accident Insurance Company, Very truly yours, V.' L V ~P. SHRIVER AGENCY DBE:raap ' D. B. Edgar Mr. D. D. E2;ar V. L, P. Chrivcr Armey 1&?1 Uiiea ailidini Pittsburgh IS* Pc* ( Septeaber 18, 193& Eterx D & v e y Subject: John E* Svr.rtout Vorksoa** Cc rcacstloa Cl^la Jici 9-6-C 7^'* ?>'o 5 req^ccttd in your lwttcr of September 10* wo enclose ivo letters ol^nci by the luilvid-rl in chsr.'o of our payroll records* Tile fir,it letbor cov?rp tha years 1549 aid 1V51 vder* Stsadurd Accident In'-urmco Ccaptny vus Ar.istrc.is* larur<aoo carrier, uiu tha second letter covers tho years 1954 mil 1955 Uiea Armstrong v;;r, insured vrlth Src.velera* Hr. Cvurtsut irorkod for Araotrenc; tbiring 19A9 ut the Ciirr.atlon Coapaay, Stockton* C.,didorain* Both signed o cod caiv: covering varo need on this Job. In 1951* bo worked at tho Cantra Coeia S i s ?lrnt c.t Antioch, California, which vus operated by the Pacific Gas .and Elootrio Caspany of Son Franc!too* Californio, Magnesia pip covering vao used principally on this Job* Mr, Swnrtout *3 csaloynent in 1934 cad 1955 occurred at tha 33hlohca Shipyards, 0th end Illinois Gtrssta, San Francisco Confonda, which varo oorata-i by the 3cthl6hc3 rvciile Coast Steel Corporation, C m Franc!reo, Caiilbrair. Magnesi a pipe rjvl block inculcaion, corkborrd end cork nips inralftlon vera ucci oa tbic Job, Ir.cidentslly, this contivcm covered fiva huila vicb had never been cornaiesioned and tho work, thorofore* according to oar interpret* tloa, would not cane under the Jurisdiction of the Lon.^-korcaea'a end ii.vrbor Workers1 Cospansation Act, Apparently Judroa Flcaicg, 176 21a Street Sea Bruno, C'lifomin, is the only one still in our ecploy vno worked with Evartout. In addition, Mr, J* S, Taylor, kciif-jor of ojr fan Franolcco Ofx'Ice, could supply any additional details rej cniing working conditions te* Sines the l^v lira of Iconard, ilanna & Bropfcy is handling the defer.no for both Stradi ni end Travelers, we cousu tho tvn enclosed wage statements cn our lotternoud would suffice* Siaoerely yours, SiD Ehclocures A. C, Cchicdt, Jr, Insurance opart:ont P* S. - Ve r.re returning 11 of Mr* Platt*8 correrpondenc* September 13, 1956 Hr# J E. Fcrjsoa /loxendc,? Alexander, Inc. 2225 ITorih Cisrlea Street Eoltiaoro 1C, Maryland Dear Jic: Subjects Joba E. Swartout Tremiere' Cala 37U2Sg Ve bollevo the encloced correspondence le edf~xplanetory Hovover, if 70a heve 37 qpestlons, let va know# Sincerely jours, . - SS End o cure B# C# Schiedt, Jr. Insurance Copartaent 124 September 18, 1556 Stnadard Accident Insurance Co* 417 Hontrs-ieiy Streot Sea Frcnoieco At California Cacticam Our p;.Troll records disclosa the following eaployaent of John E* Swartout in California by Aractrong Cork foapeny* V rf* Feb* 23 to ilcrch 6j 1949 Kerch 7 to 13* 1949 Kerch 14 to 20, 1949 Kerch a to 27, 1949 Mny 2 to 8, 1949 May 9 to 15, 1549 Huy 16 to 2 2 , 1949 Hey 28 to Juno 3* 1951 June 4 to 10, 1951 June 11 to 17, 1951 SsiftjpLgaaa 8 16 40 40 40 24 24 16 40 16 Vr-rr-n $ 17.28 34*56 3.40 86*40 86*40 51*84 51.84 41.36 103*40 41*36 Very truly ycuro, ARMSTIBHQ COiX COHPJQIX G* H* Baba Payroll Supervisor ,, 8S9 V. It* P. Shriver Agency 1801 Onion Bunk Building Pittsburgh 22, Pa* 125 September IS, 1956 Travelers InrurEace Coapany 315 I'ontgomary treat Sa Fruacisco 4 California Centl&oen; Our payroll rocords disclose the follovics employment of Jobs E, Svartout in California by Armstrong Goii; Company Veek Vo, of Hour SI 21 BBS Dec, 27, 1954 to Jan* 2, 1955 40 Jan. 3 to 9, 1955 40 Jan. 10 to 16, 1955 4 16 0226. 24 277. ~ . 12. Vary truly yours, ABMSTKKIQ CJFX COMPAHI Q. R. Rein Payroll Supcrvicor BSD 126 1 i 177 win . ,, b . 1 ,. W I.A > -J-. * 1 -- *l * H b I* * t 11Q i'- vw*i kf r t*--^r||, i,, ,w -_ . |  t V .i. P. SHRIVEIi AGENCY, General Agent 1801 UNION B A N K BLDG. PITTSBURGH 22, PEN NSYLVANIA H u m O m l 1-7 *0 0 September 10, 1956 Kr. H. C. S e h i e d t , Jr. Insurance Department Armstrong Cork Company Lancester, Penne* Deer Dick: He:- 96-C 728 796 Armstrong Cork Co. ______ J o h n E. s w a r t o u t Tie a r e e n c l o s i n g c o p y o f l e t t e r d a t e d S e p t e m b e r 5, 1 9 5 6 which we received from the Standard Accident Insurance C o m p a n y 's D a n F r a n c i s c o , C a l i f o r n i a C l a i m s o f f i c e , t o gether with the correspondence mentioned therein. You will note that our Attorneys need a wage statement on a letterhead of the Armstrong Cork Company; signed by the individual in charge of the peyroll records from which the data is taken. Also that this wage statement should cover only the California employment in 1949 and the nine days worked in California in 1951. The Alaska employment should not be included. It would be appreciated if you could furnish the information as set forth in the postscript of the Standard Accident I n s u r a n c e C o m p a n y ' s l e t t e r d a t e d S e p t e m b e r 5, 1956. With your reply, would you kindly return the enclosed correspondence, e n d thanking you, we are Very truly yours, V. L. ?. SHRIV3H A G ENCY ends. D. C. Edgar 131 I STANDARD ACCIDENT INSURANCE COMPANY San Francisco Branch Office 417 liontgomery St. Sa n Francisco, 4, California Phone EXbrook 2-6036 September 5, 1956 V. L. P. Shriver Agency 1801 Union Bank Building Pittsburgh 22, Pennsylvania Re: 96-C 728 796 Armstrong Cork Co. John E. Swartout Gentlemen: We duly received and thank you for your letter of August 14, 1956. We now inclose herewith the original of our attorney's letter to us of September 4, 1956, our XetteT to then of August 23, 1956, the original of the wage statement in question and a copy of their report of the hearing. Will you please note specifically from out attorney's letter of September 4, 1956, that they need a wage statement on the letterhead of Armstrong Cork Co. and that it must be signed by the individual in charge of the payroll records from which th data is taken and they also wish the report to cover only the California employment in 1949 and the nine days worked in California in 1951 and should not include any part of the Alaska employment. We would greatly appreciate it if you this requested information f r o m D u r assured end us and at the same tins return to us the papers letter. would obtain forward it to attached to this Fery truly yours, 132 (sgd) L. W. Platt Manager, Claim Department P.S.:- Will you please call to the assured's attention Pare 3 of our attorney's Hearing Report and near the bottom of the page where they refer to Standard Accident Insureroe Co. a n A o s V fchAt. t.h ftv -fMnd nut. the nemws? and addresser, of env 4 i.T-if .. t '* Paga 2 witnesses that ore n o w available who could testify with regard to working conditions. Note that the information should cover ell factors as to dust e x p o s u r e o n that ob, such as whe t h e r the w o r k was done in the open or in confined areas, whether t h e m a t e r i a l s U3ed. w e r e a s b e s t o s , f i b e r g l a s s , c o r k , o r o t h e r materials, whether masks were worn, end everything else that bears upon the extent and severity of the exposure to dust. Y/ould y o u p l e a s e u r g e t h e a s s u r e d t o g i v e u s a l l p o s s i b l e i n f o r m a t i o n i n t h a t r e g a r d . Vie a l s o n o t e f r o m t h e w a g e s t a t e m e n t t h a t iir. S w a r t o u t w o r k e d f o r t h e a s s u r e d n i n e d a y s i n C a l i f o r n i a during 1951 in the month o f June. Can the assured please tell us on whet ob he worked in California at that time end the same information re working conditions. (sed) L. W. Platt 133