Document qkqQJkwn1q7NQmeLeZ1vMB0NE

The Sherwin-Williams Company 101 Prospect Avenue, N.W. Cleveland, Ohio 44115-1075 May 15, 1987 Drew, Eckl & Farnham P.O. Box 7600 Atlanta, GA 30356 Attn: Dave Smith REDACTED INA Claim No. 130-C-459452-4 Dear Dave: I spoke with Gerald Childrey on Friday, May 1, 1987 and advised that we wish to pursue the appeal with the Court of Appeals. I understand your concern whether or not we are able to file an appeal as a question of statute of limitations since your receipt of the order was received well after the 20 day appeal period. However, since no second opinion was ever obtained from an independent ^ medical physician of our choice to provide an opinion whether or not he U concurred with Dr. McNabb's opinion, I asked Mr. Childrey to schedule an ^ independent medical evaluation. In particular, we ask the physician to provide an opinion whether or not would have suffered a stroke Sregardless of what activity he performed on that particular day. Since wit was documented that as in the initial stages of suffering the stroke while he was working, it is likely that regardless of what activity he performed on the given day, the stroke would have resulted. In addition, we need to determine whether or not the claimant's application for Social Security benefits has been approved. It is likely that should his application for benefits be denied, it would have a beneficial impact on our position. Dave, previously we discussed whether or not we can implead the second injury fund to offset some of our costs should we ultimately lose this case. I understand that it may be too late to involve the second injury fund in this matter, however, please explore that possibility further. If there is any likelihood that their involvement could be timely, please do whatever you can to make them a part of this claim. N40424 0007-SWP-005805802 CONFIDENTIAL Mr. Dave Smith May 15/ 1987 Page 2 Re: REDACTED Gerald and I briefly discussed the legalities of aggravation of a pre existing condition. In reference to some of your earlier letters to me which have highlighted the Carter vs. Kansas City Court case/ it appears as though there is legal relief to us if the court accepts our arguments along the lines of the Carter case. Dave/, if you have any questions regarding my comments/ please feel free to call me at your convenience. Thank you for your cooperation. Sincerely/ Anthony J. Colangelo Workers' Compensation Claims Administrator CONFIDENTIAL