Document qmmr63ENyy6q5L1aewkRJR7pk

FILE NAME: Insulators Workers' Comp Claims (IWC) DATE: 1953 DOC#: IWC021 DOCUMENT DESCRIPTION: Claimant - Hyatt, Floyd sufficiently crimination-, tes a policy ,tion of the .aracter runs ted doctrine . not pet sc v to well es- t be accom- cense. A li- al of a right "f ,/ht, and the :i -.mmensurate the business Chesney, 97 ;iv v. O'Connell, .*f r.ir. Licenses; .. Law, Sec- : would im- .-mitting es .'I - for a year's to include .1 : espects p Liiter'ain- - In any 'Inuk-pernut- ----live enter ,, for example, r.ic recordings entertainment 7v flagrant preof establish- appellants' and ..enable to regu- dment thus in flated with the deimplishcd he police tods protctionable denial of not truly urpose of lions 302- HYATT v. ARMSTRONG CORK COMPANY . Cite os, I'la., 121 So.2d 703 y la. 793 Notwithstanding the broad discretionary power of the legislature to license and reg ulate business establishments affecting the public interest, the wide disparities in the' operative effect of this amendment impel' the conclusion that it clearly transgresses permissible legislative discretion. Section 5, Chapter 59-316, Laws of Florida 1959, compiled as Section 561.34(13) (a), Florida Statutes 1959, F.S.A., is, therefore, invalid and its provisions unenforceable. Though we do not treat of the title we are impelled to observe that it approaches dan gerously a form that might, upon scrutiny, result in a declaration that it offends against Sec. 16, Art. I ll, supra. The decree appealed from is reversed and the cause remanded for proceedings consistent herewith. PER CURIAM. ' ' Upon consideration of the application of Joe E. Hodges, of Lake City, Florida, a member of The Florida Bar, for leave to resign from The Florida Bar without leave to be reinstated and the written objections of the Florida Bar thereto, it is ordered that said application be, and it is, hereby denied. In re Harper, Fla.I956, 84 So.2d 700, 54 A.L.R.2d 1272. Copies of this order shall be forwarded to the applicant and The Florida Bar by the Clerk of this Court. - THOMAS, C. J., and TERRELL, HOB SON, DREW and THORNAL, JJ., concur. Reverscd. THOMAS, C. J., and TERRELL, HOB SON, ROBERTS, THORNAL and O'CONNELL, JJ., concur. Floyd H Y A T T , Petitioner, v. ' ' A R M S T R O N G C O R K C O M P A N Y , Standard Accident Insurance Company, and Flori da Industrial Commission, Respondents. Supreme Court of Florida. April 13, I960. Joe E. HODGES, Petitioner, V. STATE of Florida, ex rei. FLORIDA BAR, Respondent. No. 29368. Supreme Court of Florida. June 29, 1060. A case of original jurisdiction--Petition for resignation from the Florida Bar.' Joe E. Hodges, Fort Lauderdale, in pro. per., for petitioner. Marshall R. Casscdy, Tallahassee, for respondent. 121 So.2d--50%' Adhered to on Rehearing July 18. 1900. Workmen's compensation proceeding. Employer's insurance carrier disclaimed liability for further benefits in excess of compensation paid in the aggregate sum of $5,000, and to review an order of Florida Industrial Commission denying further compensation, claimant brought certiorari. The Supreme Court, Terrell, J., held that `the aggregate compensation payable for total disability due to asbestosis was lim ited to $5,000 by provisions of Workmen's Compensation Law, F.S.A. 440.20(13), in effect at time of last injurious exposure in August, 1945, thogh such limitation had 7 9 4 *'la. 121 SOUTHERN REPORTER, 2d SERIES been repealed before claimant became total ly disabled in August, 1953. cd his employment. He secured employ ment with other employers until August 12, 1953, at which time his illness had pro Writ of certiorari denied. ' gressed to the point that he was forced to cease work and lias since been totally dis 1. W o r k m e n ' s C o m p e n s a t i o n C=)392 abled. In November, 1952, he had a chest x-ray made and was told that he had silico Workmen's Compensation Law is no sis. lie became a patient of Dr. Brunner, tice of its provisions to employer and em the County Health Doctor, and filed claim, ployees alike and constitutes a contract with for silicosis. employer, employee and insurance carrier once the parties have accepted provision^__ jXugusF 31/ 1953~'lYy^t,'^was' examined^. of the law. by' D n .L 'B , -Cipi>cs^d*was JaC' "jjiaci- .asbestosis."'" SepTemner.\T,/,19^ 4 2. W o r k m e n 's C o m p e n s a t i o n p- filed-ciaim therefor, requesting .thatJt .scrv.c W orkm en's CompenmAon Law in ef `i -as' notice to th e 'c a r r i e r a_f..knowledge of j fect at time of employment is part of con .-Ins .condition and disability as of A u g u s t^ . tract of cmp'ovmcnt. 12, 1953.fi A hearing v ns had by the A w . . Commissi 'lien j .unary a, lor 3. W o r k m e n 's Compensat ion C=60 Aggregate compensation payable for total disability due to asbestosis v.-as limited bv oro"i?;r'',c of Workmen's Compensation T l'.e carrier contended but the c.vui v.a? barred by the statute of l.i'utat.ous because the claimant had not gbc-n notice to his employer within the tutu alio wed. oy slat- nomire in A ..gem;. 19-5, to $5,500 in addi : .'..or, .ban 1" . .; alcri Otiore c!a..";.".t became totally disabled m A', gust, 953, and the law then ... ancci pros uied tbr.L payments for total disability should not be made -r, excess of 700 weeks. F.S.A. 4-10.15(1) (a), 440.151(6) (c), (7), 440.20 (13). Lucille Snowden and Kaplan & Ser, Miami, for petitioner. Dixon, Dejarnette, Bradford, Williams, McKay & Kimbrell and Guy A. Gladson, Jr., Miami, Burnis T. Coleman, and Paul E. Speh, Tallahassee, for respondents. TERRELL, Justice. .Floyd Hyatt was employed by Armstrong Cork Company at McCloskey Shipyard, Tampa, Florida, from January 29, 1944, to August 13, 1945. While so employed he contracted asbestosis. He was last ex posed August 13, 1945, the day he termiuat- come aware of the nature of the injury or oreupnt'onal disease >:nti' August 31, 19;.'. although his last injurious exposure was in 1945. The Deputy Commissioner award ed the claimant permanent total compensa tion benefits from August 16, 1953. From the said order the carrier appeal ed to the full Commission which on May 4, 1954, found that the contention of the employer that the statute of limitations had run against the claim was not well founded. The full Commission also found that the statute of limitations in existence in 1953 (two years) and not the one year period of the 1945 Act controlled. The following portion of the order of the full Commission, is pertinent and is as follows: "Certainly the two year period for filing a claim under Section 440.19 had not expired upon the date that the claim was filed. The time of injury for an occupational disease is the date of an employee's becoming actually in.- c.r.pioygust 12, _ c| p rn- reed to,.!ly dis : a chest -.1 silico- lAuuner, H claim - .'mined that he '53, he . serve '_- ol ; . ; *, ' ; er.sa on May i of the ions had founded, that the - in 1953 period of following mmission od for 440.19 ihat thei:;ry for .late of dly irw 1 t HYATT v. ARMSTRONG CORK COMPANY F l a - 795 Cite its, r ia . , 121 So.2d 703 capacitated. Tiic claimant was not to an earlier decision in this case, the -I 'i tally incapacitated by the occupational Full Florida Industrial Commission 4 disease of asbestosis, as is required be stated 'the time of the injury for an fore compensation can be paid under occupational disease is the date of an f section 440.151(6) (c), until August 12, employee's becoming actually incapaci _v 1953. Claim was filed on September tated.' At the time of the claimant's > 1, 1953, and notice given to the em injury, the Statute in existence would ployer on September 9, 1953. As spell out the benefits to which he "would stated above, the two year period for be entitled. On August 31, 1953, the filing a claim is satisfied and the re Workmen's Compensation Law pro quirement of notice within ninety days vided benefits to the claimant for per to the employer under section 440.151 manent total disability amounting to (7) is also fulfilled." 700 weeks. It follows, therefore, that In 1957, having paid claimant $5,000, the the carrier erred in terminating bene -carrier terminated payments of compensa fits to the claimant in 1957, after the i tion to him. The carrier contended that payment of $5,000.00." its responsibility to the claimant was con trolled by the 1945 law. A claim v.as then fi'ec; charg:: g tnat the carrier erred in nor appUing the 1951-1953 law. The 1945 law limited compensation for permanent total disability to 55,000. The 1953 law, 440.15 (1) fa), provides: Pursuant to said order the carrier was directed to pay the claimant compensation for 700 v, eeKs disability at the rate of $22 per week commencing August 16, 195j. I-rorn said order, the carrier ap pealed to the full Commission. ^November C0 ,~y--_;;R0 evt:errsoend tth.iec ogrrdouerndofththaet DthcepuiTO'T-LvW'oTrnw- / . A.1 .*< ii ` r it 4 1 ,l ./ay, . *; . s. * : m ci/ip'o;,, e oaring the continuance ox such total c--ability; bur m no event snail suen payments be made in excess of seven hundred (700) weeks." A hearing was held on May 12, 1958. on the claim for further benefits above $5,000. At the hearing it was stipulated that the only issue would be a question of 'law, to-wit: Whether or not the 1945 law or the 1953 law ought to be applicable o the case. It was further agreed that the cause be adjudicated on the basis of memo randa of law to be submitted. Accord ingly the Deputy Commissioner entered an order dated May 22, 1959, interpreting the full Commission's order as contended by the claimant and not by the carrier. Said order reads in part as follows: "That although the claimant was last injuriously exposed to the substance causing his silicosis in 1945, he actual ly became incapacitated as a result of this disease on August 12, 1953. In *r-'v; nL coniraijiien grounded its order on Phi;.:;. y. City of West Palm Lracn, r ,a 1955, /0 So.2d 345. Commis sioner Walter I.. I.ightsey dissented from the full Commission, holding that the award of benefits was controlled by the 1953 law because claimant's injury did not occur until after the effective date of said law, consequently the Phillips case had no ap plication. From the said order we are con fronted with an appeal by certiorari. The parties are not in agreement as to questions presented. The majority of the Commission found that the sole issue was one of law, that is, whether claimant's benefits are those authorized by the 1945 law or those authorized by the 1953 law, when claimant became permanently dis abled. We understand that petitioner is in substantial accord with the majority of the Commission as to the question pre sented. Respondents raise the additional queries: (1) If the question stated in Point One was adjudicated in the employee's 7 9 6 Fia. 121 SOUTHERN REPORTER, 2d SERIES favor in the 1954 proceeding, can it be rcadjudicatcd at the present time? (2) As suming that the employee's benefits arc to be measured by the law in effect at the time of his disability, does 440.lei (6) (c), Florida Statutes 1953, F.S.A., permit payment of compensation benefits in ex cess of $5,350? We accept the question stated by the majority of the Commission, being substan tially in accord with that stated by peti tioner, as being the primary question pre sented. We do this because our answer comprehends all questions argued. Section 440.20(13), Florida Statutes 1945, F.S.A., provides: "The total comper.s.'Sen pavab' dcr this chapter , er .'"a.,' death, shell ir. no event o w e d t , of five thousand dollars in add r any benefits under Mo 13 for cal services and treati'-wi and feet at the time of employment is part of the contract of employment. Section 440.151(6) (c), Workmen's Compensation Act, fixes liability for disability resulting from silicosis and asbestosis. In this case claim ant was not totally disabled until August 1953, so he would be entitled to payments under the Act from July 1945 to. August 1953 as the Act provides. The Act pro vides, however, that, "Such progressive increase in the ' limits to the aggregate compensation and benefits for disability and deati, shall continue until the limit upon such benefits fixed in this wo: kmen's com pensation law is reached.'' [3] From this tue kgiS'St.ire, m auum. u g p - e . '.crease in total compensation greater 1tan that provided in 440 2<J(13) w h'ch limits compensation recoverable to did Taw is r.ot'Ce 01 us [eov't.. : - ew.~ constitutes a contract with the employer, the employ - e and the insurance carrier w ee the parties have accepted the provisions of the law. Hardware Mutual Casualty Coiru pany v. Carlton, 1942, 151 Fla. 238, 9 SI 2d 359; Stansell v. Marlin, 1943, 153 Fla. 421, 14 So.2d S92. [2] It is also settled in this state that the Workmen's Compensation Law in ef- the Commission Hi :u: tint tie case v.a co:.t;LLd by i'nih.p.-. v. C .y e: V.cs Palm Beach, Fla.1953, 70 So.2d 345, and He ccrVcTt" -- -- -- It follows that the writ of certiorari is hereby denied. THOMAS, C. J., and HOBSON, THORNAL and O'CONNELL, JJ., con cur. / FLORIDA INDUSTRIAL COMMISSION \j . WORKMEN'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA Decision No. Subject File Nos. B-35; B-55 CLAIM NO.: S-85602 DATE OF ACCIDENT: August 12, 1953 EMPLOYEE: FLOYD HYATT.. c/o Kaplan & Ser 808 Seybold Building Miami 32, Florida . ' Represented by: ' Lucille Snowden and Messrs. Kaplan & Ser 808 Seybold Building Miami 32, Florida EMPLOYER: ARMSTRONG CORK COMPANY Lancaster Pennsylvania oAimisn * 's t a n d a r d ACCIDENT INSURANCE COMPANY 320 Miracle Mile Coral Gables, Florida Represented by: Messrs. Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell ' 908 Ainsley Building Miami, Florida COMPENSATION ORDER OF FULL COMMISSION This cause came on to be heard upon application of the employer and carrier for review of an Order of the Deputy Commissioner dated May 22, 1959, awarding the claimant compensation for permanent total disability for a period of 700 weeks. Claimant was employed by the Armstrong Cork Company from Janu ary 29, 1944 to August 13, 1945, as a building mechanic engaged in ./ S-85602 ( ORIGINAL 2 the erection of insulating material. In this occupation, the claim ant contracted asbestosis. The claimant, subsequent to August 13, 1945, worked for several employers, but was not exposed to asbestos fumes. On August 12, 1953, the illness had progressed to a point where the claimant was forced to terminate his employment. Since that date, he has been permanently and totally disabled. On Sep tember 1, 1953, the claimant filed a claim for workmen's compensa tion benefits and the Deputy Commissioner awarded the claimant compensation for permanent total disability. This Order of the Deputy Commissioner was affirmed by the full Commission and no appeal from the full Commission's Order was taken. Pursuant to the award of compensation by the Deputy Commissioner, the insurance carrier paid the claimant the sum of $5,000 at the rate of $22 per week, the maximum rate of compensation payable under the Workmen's Compensation Law at the time of claimant's last exposure to asbes tos fumes. After the insurance carrier had paid the sum of $5,000 in compensation benefits to the claimant, payment of compensation was terminated. Thereafter, the claimant filed a claim, contending that he was entitled to 700 weeks' compensation, which is the maxi m u m payable under the law existing in 1953. The Deputy Commissionei agreed with this point of view and awarded the claimant compensation for 700 weeks. The employer and carrier have applied for a review from said Order of the Deputy Commissioner, urging essentially that the Order of the Deputy is contrary to the law and that such Order is in violation of the due process clause of the 14th Amendment to FLO R ID A INDU STRIAL COMMISSION W orkm en's Compensation Division S-85602 f ORIGINAL 3 the Constitution of the United States. The sole issue on this review is one of law, that is, whether claimant's benefits are those provided by the 1945 law or those authorized under the 1953 law, when the claimant became permanently disabled. Section 440.20(13), Florida Statutes, (1945), provides, v i z .: ''The total compensation payable under this chapter for disability and death shall in.no event exceed the sum of five thousand dollars in addition to any benefits under Chapter 440.13 for medical services and treatment a n ^ u n d e r subsection (1) of Section 440.16 for funeral expenses." Section 440.15 of the 1953 provides, in part, as follows, viz "Compensation for disability shall be paid to the employee5 . . . ( D PERMANENT TOTAL DISABILITY: (a) InPc a L of total disability adjudged to be permanent, sixty per cent of the average weekly wages shall be paid to the employee during the continuance of such total disability; but in no event shall such payments be made in excess of seven hundred (700) weeks. In our opinion, the case of Phillips v. City of West Palm Beach Fla, 1953, 70 So. 2d 345, is controlling. In the Phillips case, claimant's injury occurred in July 1945 and compensation was paid, however, in 1951 the injured foot was amputated and additional compensation was paid for the permanet disability occurring in 1951. The 1945 law provided payment of compensation should not exceed $5,000. The claimant contended that the 1951 law was ap plicable and he should receive compensation for his permanent disa bility in accordance with the latter law since his permanent disa bility did not occur until 1951. The Court, in rejecting the claimant's contention, stated, viz.: FLO R ID A INDUSTRIAL COMMISSION W orkm en's Compensation Division S-85602 ( ORIGINAL 4 h To hold that Chapter 26877, 2 of the Laws of 1951 is retroactive would make it a violation of Section 10, Article 1 of the Constitution of the United States and constitute it in impairment of the obligation of contract. It has long been established in Florida that the Act itself is aotice of its provisions to employers and employees alike and that Lame constitutes a contract between the employer and employee, and insurance carrier, if one, once the parties have accepted the pro visions of the Act. (See Hardware Mutual Casualty Co. v- Carlton, Fla. 1942, 9 So. 2d 359} Stansell v. Marlin, Fla. 1943, 14- S o . 2d 392} Williams v. American Surety C o ., Fla. App. 1958, 99 So. 2d It is clearly apparent from the law as stated by our appellate courts that the provisions of the Workmen's Compensation Law in ef feet at the time of employment become a part of the contract of em ployment. Section 440.151(6)(c) of the 1945 Workmen's Compensation Law, provides a definite amount of liability for disability result ing from silicosis and asbestosis by providing a total sum for such Usability in the amount of $500 if the disability occurred in July 3f 1945, the month in which this particular provision had its ef fective- date. The Act further provided additional amounts to be paid in the amount of $50 per month, which is added to the $500 from July 1945 until the time the asbestosis became totally disabling. In the instant cause, the claimant was not totally disabled until lugust of 1953~and the maximum amount he would be entitled to-would be $500 plus $50 per month from July 1945 until August 1953,. or a 3um of $5,350. However, in the same section of the Act, the follow ing is stated: "Such progressive increase in the limits to the aggregate FLO R ID A IND U STRIAL COMMISSION W orkm en'! Compensation Division S-85602 ORIGINAL compensation and benefits for d i s a b U i t y and deatli shall continue until the limit upon such benefits fixed in this Workmen's Compensation Law is reached. It is clear that the legislature did not, in providing for the progressive increase of compensation, intend to increase the total amount of compensation payable greater than that provided in Sectioi 440.20(13), which limits the compensation recoverable to $5,000. In our opinion, the Deputy Commissioner erred, as a matter of law and the claim for additional compensation benefits must be dismissec. Having considered the cause upon the record, briefs, and oral argument of counsel for the parties and it appearing that the Order of the Deputy Commissioner does not comply with the essential requirements of law, it is ORDERED that said Order of the Deputy Commissioner dated May 22, 1959, be and the same is hereby reversed and said claim for additional workmen's compensation benefits be and the same is here by di ^missed.. DONE AND ORDERED at Tallahassee, Leon County, Florida, this November , A. D. 1959. FLORIDA INDUSTRIAL COMMISSION r SEAL FLO R ID A INDUSTRIAL COMMISSION W orkmen's Compensation Division  S-85602 ( ORIGINAL ( dissent I cannot agree with the conclusions reached by the majority oi my colleagues. It is the general principle of Workmen's Compensation Law that the law in force at the time of an injury or accident governs the rights of the parties. This poses the question as to what con stitutes the time of injury where we have an occupational disease. Section 440.151(1)(a), Florida Statutes, states in part, viz.: 'Where the employer and employee are subject to the provisions of the workmen's compensation law, the disable ment or death of an employee resulting from an occupational disease as hereinafter defined shall be treated as the happening of an injury by accident . . .' Section 440.151(6)(a), provides, in part, viz.: Disability from silicosis, asbestosis, or any dust disease . shall be allowed only when the employee is incapacitated from performing any remunerative employment. (Emphasis Supplied). In the instant cause, the claimant, under the terms of the statute, was not disabled until August 1953 and no other conclusion can be drawn. The employer and carrier urged that an application of a 1953 law would be retroactive in the violation of state and federal constitutional provisions. They also rely upon the case of Phillips V. City of West Palm Beach, Fla. 1953, 70 So. 2d 345. It should be noted that the court, in the Phillips case, stated the following: ` The acceptance of application of workmen's compensation statutes by the employer, employee, and insurance carrier constitutes a contract between the parties embracing the nrovisions of the statutes as they exist at the time of any compensable under terms of statutes." (Emphasis supplied) In the instant cause, by the terms of Section 440.151, the compensable injury did not occur until August of 1953. The facts in FLO RID A INDUSTRIAL COMMISSION W o r k m e n 1 C o m p e m a t i o n Di vi ion 85602 7 nna.la.cous with those existing in the case of the instant cause are analagous w n u pi Porn 166 NYS 2d 835, wherein the New Yor Semon v. George H. Flenn Cor.> --------- ` ^ board allowed the claimant a high -rate of compensation although the injurious exposure occurred prior to his disablement and at a time when the compensation rate was lower. It is further no e Section 38 of the New York Compensation Law is almost identica o d AA(\ -isiMWa) The New York section has the our Florida section, 440.151(1) (.a; . . following language, viz.: ORIGINAI- The New York court had this to say, viz.. -It is the date of disablement and n o t ^ h ^ d a t ^ o f ldaissteaseexsp,osutrhee Yt?iimCehJofSccoonnttrraaccttiioonn^iis sometimeFsoruntkhnioswn diseases, the time of r^C si0w process. For this and its development *e y5ed as the *accident* --and reason the disablement is r g depends on the the right to compensation in sucn a ua. ^ I disablement." U s stated by the Pennsylvania Supreme Court in the case of Pekora.- |^ T w, ,len A l d e n C o a l J o ., 89 A. 2d 890, viz.: "The liability ^ie P ^ y|xPosureywhileethe duty to . fixed as of amount thereof becomes make the**date*1when disability occurs.11 (Emphasis Supplied) . per the above reasons, 1 would a f the Order of the Deputy Commissioner. S/iw'~ cc: IFloyd Hyatt Lucille Snowden Kaplan 81 Ser Armstrong Cork C o . _ iD i x o n ^ D e J a r n e t t e ^ B r a d f o r d , Williams, . McKay Kimbre 11 [Deputy MacKenzie FLORIDA INDUSTRIAL COMMISSION W orkm en' C om pen*ation D iviilon ORIGINAL ( S-85602 /jwb This is to certify that on this, ,, _______ . , 1959, the abov ^ r S e r1*wks'filed in the office of the Florida Industrial Commission at Tallahassee and a copy sent by certified mail to each interested party at his last known address. FLORIDA INDUSTRIAL COMMISSION tI BY /e/ p. Rivers------------- - j If J ! 6 /r * / \ FLO RID A INDUSTRIAL COMMISSION Workmen's Compensation Division 1 FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA 251959 \\\* CLAIM NO: SMS02 DATE OF ACCIDENT A u g u s t 13f EMPLOYEE: FLOYD ETATS c/o Kaplan & Ser SOS Seybold SitildiAg Mlaal 32 Florida Represented by: LUC IL L S S S 0 9 D S 2 KAPLA3 b MK9 80S Seybold Building Sliaai 32 Florida EMPLOYER- ' A W T S S Q COES. COMPANY Lancaster Fanneylvaaia W.C.L. Forai No. COPT CARRIER: STANDARD ACCIDENT INSVEANCK COMPAS? 320 Miracle Mile Coral Cables, Florida R epresented by: BIX, WAHHLTLL b B & W Q 3 D Ainsley Building Florida COMPENSATION ORDER m BUSTOS M. C O H O DEPUTY CCMMISSIOHSa , MIAMI, FLORIDA order entered le tilia cause After considering the Briefs end te legal question n i- !5? *4* II 3 *3 a a "e r4 *< %4 i 3 3 g i a e o3 I &I & *4 4* U 4 Ig JO a S &a I sO * K $ <0 I ! s 13 4 &I ! < s s ta 9 H H a vs> 1 I3 Is % . I! 3a s I U I Ad OO *1 *o n UMOJ 1 *0 `M s 2(U0, O 1 5 a o C < S h I I Q 0Z . -- C4) <O JE K 5I tha statute la existence weal! spall out tfca beast its to vhich ha eouid be gmtitled. On August 31, 1033, the Workmen** Compen sation Las provided benefits to tbs claimant for peraansnt total disability amounting to 700 soaks. 2t follows, therefore, that tbs carrier erred la terminating benefits to the claimant la 1957, after the payment of $5,060.00. 3. Claimant as represented by the las firs of Kaplan & Ser, bo have by their ssrvices secured aa addltieeal $10,000.00 for tbs claisaat, and the underaigned finds that 5 1,500.60 is a reasonable fee for tbs legal serviees rendered claisaat la this proceed lag. tliSSEfOSE, it is the order of the undersigned deputy Cocsaissioaer that the employer, Armstrong Cork Coapaay, by aad through its carrier, Standard Accident Company, do: 1. Py to claimant, Floyd Hyatt, compensation for his permanent total disability for a period of 700 seeks, at bis coapenaatiea rate of $23.63 per seek, comaeac tag August 16, 1953, the carrier to take credit fear all payments of compensation for this type of disability sad* since that tine, together vith interest thereon at the rate of % per annua fro the dates hen compensation should have been made. 2. Fay claimant's attorneys, Kaplan U Ser, the sum of $1,500.00 as a reasonable fee for services -> rendered to claimant in this proceeding. FLORIDA INDUSTRIAL COMMISSION Workmen's Compensation Division t3 Claia Ro. S-S5S03 Floyd Hyatt vs rentrons Corte Company 3. Fay the costi in this proceeding. OSS SD 02EED at Siasi, Florida, this v4? *** of May, 13&9. / i K J: fmf Sert* S. $&# _ . .1____ _ <SM~0puty CwialssSoaer Florida Industrial Coamissioa <3L) OC: Farti T&im is to certify that th$ foregoing Order 0 s catered oa tho ^ay f 1 ISSg aad that a copy thereof *8 seat a said date S?y certified ail to the claimant and to the eaployer at the last teaa address of each Florida Industrial Cosaissiea Hyi ____ sSecretary F o rm No. 12 FLORIDA INDUSTRIAL COMMISSION Workmen's Compensation Division \ I j h o m e o f f ic e O F" M A R Y L A N D b a l t im o r e 3 FIDELITY AND SURETY BONDS BURGLARY AND GLASS IN S U R A N C E V - L P. S H R IV E R A G E N C Y SENERAL. AQENTS 1801 U N I O N BANK B U I L D I N G PITTSBURGH 22 A p r il 1 4 , 195 TELEPHONE GRANT 1-7800 Mr. R. C. Schiedt, Jr. Insurance Department Armstrong Cork Company Lancaster, Pennsylvania Re: Floyd Hyatt - Florida W o r k m e n ^ Compensatioh Claim Dear Dick: Thank you for your letter enclosing the Notice of Hearing on the above claim. With kindest personal regards, I am Very truly yours, ENCY BRS:esm / A pril 11, 195 Mr. B. R. Shrlrar V. L. F. ShriTer Agency X31 Union Book Bui l di ng Pittsburgh 22, Pa. Dear Beri gubj e c ti Floyd Hyatt - Florida Vortaen* Compensation Clala Ve presume Standard Accident Incurano Company^ receired a n otica o f tha hearing May 12, 195, but ju st la eaaa, va enclose a copy. ?a17 truly yours, JSZ 55ac lo s u r e R. 0* Schiedt, J r . Insurance Department FLORIDA INDUSTRIAL COMMISSION CLAIMANT IS REQUIRED April 7______________ _ 19_58 TO BE PRESENT AND 1050 Seybold Bldg._________ PREPARED TO TESTIFY Miami 32, Fla. Office of/fche Deputy Commissioner INITIAL NOTICE OF HEARING^ Claim No. 3-85602 DA 1944 & 1945 Carr. #76-C-488988 _ , FLOYD HYATT,c/o Kaplan fe Ser _____________ Employee------------ ---------------------------- -------------------------- -------------------------------------------- Attorney . for _Emp,loyeeK--A--P--L---A--N----I----S--E--R- -,!---8--0--8-----S--e--y-b--o--l--d----B--l--d--g--.--,-----M--i--a--m--i----3--2--,-----F--l-a--.-- ,, , ARMSTRONG CORK CO., Lancaster, Pa. Employer____ ----------------- -- ------------------------------------------- -- ------------------------------------- Insurer. STANDARD ACCIDENT INS. CO., 1120 Ponce deLeon Boulevard, Coral Gables, Fla. ~~~~ Attorney for Employer or Insurer. TO THE PARTIES ADDRESSED: A hearing will be held in the above case at------- 1050 Seybold Big., Mia m i ,. Fla 2:30 o'clock____ P-...M------Monday,-May 12, 1358..----------------------- THIS HEARING IS PART OF A SCHEDULE; IT CANNOT BE POSTPONED WITHOUT CONSIDER ABLE INCONVENIENCE AND EXTRA EXPENSE. POSTPONEMENT CANNOT BE HAD EXCEPT UPON STRICTLY LEGAL GROUNDS: SUBJECT OF HEARING (Here state question in dispute)-- To determine merits of--- claim for continued compensation benefits, attorneys* fees. 20% penalty and interest. Tl time and pice testify promptly^ at the The right is reserved to take such action as the law permits if either party fails to appear at the time and place set for this hearing. FLORIDA INDUSTRIAL COMMISSION CC: Parties Certified to carrier BURTON M. COHEN---. Deputy Commissioner mb FLORIDA INDUSTRIAL COMMISSION W O R K M E N 'S C O M P E N S A T I O N D IV IS IO N TALLAHASSEE gay 4, 1954 Mr. Duane Anderson Dixon, DeJarnette & Attorneys at Law First National Bank Miami, Florida Bradford Building Be: Floyd Hyatt vs. Armstrong Cork Co. Claim No. S-85602 Dear Hr. Anderson: Enclosed is a copy of the Order of Full Commission in the captioned cause, eatere<S and copies mailed to the parties on May 4, 1954. Also enclosed are copies of the Commission's Rules of Procedure; and, (2) Rule No. 28 t h ^ d e c i s l o . of .theFullDCoffiMlB3ionoi4tho correct procedure. to be followed: Very truly yours, EP Enel. y*r ` ,yV-'s'- . i X * Director^/ cc: Hr. Floyd Hyatt (Reg.) Hiss Lucille Snowden Armstrong Cork C o . (Bg) Standard Accident Ins. Co. Hr. George C. McCaughan Florida Comp. Rating Bureau COPY FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA CLAIM NO: S-8502 DATE OF ACCIDENT August 31, EMPLOYEE : FLOYD HIATT c/o Lucili Snovden 808-810 Seybold Building BlftKl 32, Florida 195 3 Represented by: Lneille Snowden Attorney at Lav >- gland. 32, Florida CL o EMPLOYER: u i s m x s s m coas c o m p a n y Lancaster, Pennaylraala CARRIER * STANDARD ACCIDENT INSCHNNCS COMPANY 320 Hlracle Silt Coral Gables, Florida Represented by: Dixon, DeJaraetto & Bradford First National Bank Building Bias! 32, Florida COMPENSATION ORDER Of THE FULL COMMISSION This cause came on to be beard tpoa applicatioa for review of an order by the deputy commissioner awarding compensation for the occupational disease of asbestos!*. Tbore is substantial coape teat evidence in the record to support the order of the deputy. The employer contend that J! a statute of limitation has run against the claim. Certainly the |two year period for filing a claim under section 440.19 bad not Iexpired upon tbe date that the claim was filed. The time of |injury for an occupational disease is the date of am employee* ibecoming actually incapacitated. The claimant was not totally incapacitated by tbe occupational disease of asbestosls, as is required before compensation can be paid under section 440.151 |<6) <c), until August 12, 1953. Claim was filed on September 11, 1953, and notice given to tbe employer on September 9, 1953. - As stated above, the two year period for filing n claim is satls- :fled hk* the requirement of notice within ninety days to the employ-- er under section 440.151 (7) is also fulfilled. 1 The employer contended, upon oral argssent, that since i the legislature required death from an occupational disease to occur within three hundred fifty weeks after the last exposure to i !he coagrensable, then they could not intend for more disability to be compensable if it results after the three hundred fifty weeks. See section 440.151 <1) <a). This contention entirely ' M J * overlooks the fact that silicosis, asbestoais or any dust diseases are treated separately la subsection six of the occupational disease portion of the law. Thin section appears to recognise that these diseases usually develop over a period of years before they |become known. Therefore the provision is subsection six, that disability or do.tb fro., W * * P * TM "* to b. do. W O S K M C N 'S CO M PEN SA TIO N OIVI9 ION to ay occupation unions during the tea year* preceding the date of disablement the ployee ha* been exposed to the dust over a period of not lee* than fire years, refute* the enployer* argument Iia this regard. Certainly the period of three hundred fifty seeks aas not asant to apply to a disease that ordinarily does not fa it* pearaac* known before five to ten years after exposure. I Although the natter was not broughtspecifically to our attention, it appear* from * study of the record that there is ! |*o evidence to substantiate the deputy'* award of permanent total j disability from the date of August 18, 1932, The claimant first began to lose tine frost work in October of 1352 by hi* own :testimony. So did not become totally disabled until August 12, 1853, and the order of the deputy appears to be in error in this ^ regard, Xt is thereupon, The Order Of The Commission that the order of the deputy cosaissionar be and the sane hereby is modified to indicate that the claimant is entitled to permanent total disability compensation from August 12, 1953, at the rat# of $22 per week rether than from i the date of August 1$, 1852, Xt is further i ordered that the order of the deputy commissioner, other than as modified above, be and the same hereby is affirmed. It is further Ordered that the employer, by and through its carrier, . shall pay to claimant's attorney the sum of Three Bundred Twenty- I 'five Dollars ($323), which is a reasonable fee for representing the claimant in this cause before this Commission. i I Done and Ordered at Tallahassee, Leon County, Florida, |this THBdl day of A, 1934. | ^ F L O R ID S IN D & T R te t COMMISSION I W O R K M E N 'S C O M PEN SA TIO N DIVISION (SUL) ' FUJaiDA XJE3TBIA1 CSCiIS$IG /s/ James T. Vocelle X^STfTTC' cH aira& /s/ L. E. Weston u ''& :~m /Ts r r ^ s 5 F cc: Floyd Hyatt Lucille Snowden Armstrong Cork Company Standard Accident Insurance Company Dixon, DeJnnsetto * Bradford Deputy McCaugbatt Florida Compensation Sating Bure* I ibis is to certify that on ibis, the tj-t& day of YviOsu __1$S4, tra above Order vas entered and a copy sent toy registered nail to each inter* ested party at tods last know address. I FL03ISA ISDDSTSIAL :ssxos ,1 By YftTl 3 - FLORIDA INDUSTRIAL COMMISSION W O R K M E N ' COM PEN SA TIO N DIVISION FLORIDA INDUSTRIAL COMMISSION TALLAHASSEE, FLORIDA March 1, 1954 FILE NO: 170 RULE NO. 12 OF THE COMMISSION'S RULES OF PROCEDURE; AND RULE 28 (e)(f) AND (g) OF THE SUPREME COURT RULES. SUPPLEMENT TO RULES OF PROCEDURE IN WORKMEN'S COMPENSATION CASES BEFORE THE FLORIDA INDUSTRIAL COMMISSION, ADOPTED BY THE COMMISSI Q* IN REGULAR SESSION FEBRUARY 8, 1954. RULE NO. 12 Effective February 1, 1954 Record for Review by the Supreme Court; Petitioner to File Directions for Preparation of Transcript when Record Exceeds 75 pages. (a) When the original transcript of the proceeding before and the order of the Deputy Commissioner which were reviewed by the Full Commission, together with the originals of any motions or other instruments filed in connection with such review, and the original order of the Full Commission sought to be reviewed by writ of certiorari filed in the Supreme Court of Florida, exceed 75 pages, at the time copies of the petition served upon the Commission and other parties, counsel for the petitioner shall file with the Commission written directions for the preparation of a transcript of such parts of the record as he deems essential to dispose of the question raised and shall serve a copy of such written directions upon each of said parties or their counsel. Within ten days after service of the petition on the Commission and other parties to the cause as required by rule of the Supreme Court, the Director of the Workmen's Compensation Division shall file in the Supreme Court a transcript of such parts of the record of the proceedings the petitioner seeks to have reviewed as counsel for petitioner shall have so directed. FLORIDA INDUSTRIAL COMMISSION Workmen'* Compensation DlvUlon Tailaha** Florid* (b) When any parts of the record not included in the transcript filed in the Supreme Court in accordance with the directions of the petitioner are deemed by opposing counsel to be necessary to the disposition of the question raised, opposing counsel may secure from the Commission for proffer in the Supreme Court a supplemental transcript of such other parts of the record as they deem necessary. (c) The party at whose direction such transcript or supplemental transcript is prepared shall pay to the Commission the cost of the preparation of same, which may be assessed as costs in the case, unless such party is relieved of paying same as provided in paragraph (c) of Rule No. 6. FLORID A INDUSTRIAL COMMISSION W o rk m e n ' C o m p e n sa tio n Division Tallahtt&ice, Florid* RULE NO. 28 (e)(f) AND (g) OF THE SUPREME COURT RULES "Certioraris in Industrial Cases "(e) Orders of the Florida Industrial Commission entered pursuant to Section 440.25, Florida Statutes 1951, as amended by Section 8, Chapter 28241, Laws of Florida, Acts of 1953, shall be reviewed only by writ of certiorari pursuant to Section 5, Article V of the Constitution upon a petition filed in this Court within sixty days from the date the order sought to be reviewed was entered. The petition by its nature amounts to a request to exercise the Court's discretion, and if granted, the questions raised will be determined. Being the order of a Commission exercising quasi judicial powers, the Court will not only determine whether or not the proceedings accord with the essential requirements of law, but if found to meet this test will then determine whether or not there is adequate, -sufficient or substantial legal evidence to sustain the findings of the Commission. The Court will not weigh the probative force of conflicting evidence but will confine its examination to the nature of the evidence relied on to sustain the order. If the petition is denied no opinion will be written. "(f) The Florida Industrial Commission shall be made a party respondent to every petition filed under this rule and at the time the petition is filed in the Supreme Court the petitioner shall give notice thereof to the Industrial Commission and other parties to the proceedings by serving a copy of the petition upon each of said parties or their counsel, together with a copy of the supporting brief of the petitioner. "Transcripts of Records in Industrial Cases "(g) Within ten days after service of the petition on the Industrial Commission and other parties to the cause as required by this rule, the Director of the Workmen's Compensation FLORIDA INDUSTRIAL COMMISSION Workmen' Compensation Division Tallahassee, Florida Division shall transmit to the Supreme Court the original tran script of the proceeding before the Deputy Commissioner which was reviewed by the Full Commission, the originals of any motions, or other instruments filed in connection with such review by the Full Commission, and the original order of the Full Commission sought to be reviewed, which shall constitute the record-for-review by the Supreme Court; provided that such record be not over 75 pages. In the event it exceeds 75 pages, the Director of the Commission shall file in the Supreme Court a transcript of such parts of the record of the proceedings the petitioner seeks to have reviewed as counsel for petitioner deems essential to dis pose of the question raised. Unless shown by opposing counsel to be necessary, no other record shall be required." FLORIDA INDUSTRIAL COMMISSION W orkm en' Compensation Division Tallahassee, Florid D M F E R R Y J R . Che.rm an of the Board R H P L A T T S President F s B R O W N , Vice Pres & Secretary u K K I R K . Vice Pres 4 Treasurer j P H A C K E R . Vice President P A U L W I L S O N . Vice Pre sident E . A W A R N I C A . Vice P resident p E L A Y M O N . Vice President and General Counsel H A W H I T E . Vice President S ta n d a rd A c c id e n t^ In s u ra n c e C o m p a n y SAMUEL J. CARR _ resident vice-president CASUALTY I N S U R A N C E FI DELI TY AND S U R E T Y B O N D S P hiladelphia B r a n c h O ffice * STANDARD ACCIDENT BUILDING 214 SOUTH FIFTH ST. Ph il a d e l p h ia 6, Pen n a . ,,{, APH I L I954 PHONE LO 3-8518 ARMSTRONG CORK CO. LANCASTER, PA. ATTI R. C. SCHIEDT, JR. r e : our f il e #f - 488988 ASSURED*. ARMSTRONG CORK CO. INJURED*. FLOYD HYATT a c c i d e n t : unknown DEAR S IR : IN REFERENCE TO r E W E D R AND 5W YOUR _ LETTER OF iiin p u MARCH o2o^ iQt^A in q u ir in g as to IT HAS BEEN R E - TO OUR FLORI DA O FFIC E TO BE ANALYZED. THANK YOU VERY MUCH FOR YOUR COOPERATION IN THIS MATTER, I REMAIN, VERY t r u l y y o u r s , HJ : FB \ \ u JOHNSON- claim s represen tative P la n e t In su rance Com pany. Oetroit Standard Accident In su rance C om pany, D etroit Pilot In su rance C om pany, Toronto Harch 29# 1954 Standard Accident Insurance Company 2X4 South F ifth S treet P hiladelphia 6, Pennsylvania Gentlemen A ttention! Mrt ,H# Johngga P lease l e t me know immediately i f you have not received the pipe covering* Very tru ly yours# akmstbong 00ek compahi RCSjriHCR R, C* Schiedt# Jr* ' Tax Department o M F E R R Y , J H ,, C h a i rm a n o( 1h (o ' C R H P L A T T S President F S B R O W N , Vice Prs A Secretary L . K . K I R K . Vice Pres & Treasurer J P H A C K E R . Vice Pree.dent P A U L W I L S O N . Viee Preside E A W A R N l C A . Vie Presidan* P . E L A Y M O N . V.ce President end Cenerei Counsel H A W H I T E . Vice President CASUALTY I N S U R A N C E FI DELI TY AND S U R E T Y B O N D S SAMUEL J. CARR R E SID E N T V IC E -PE SID M T PHILADELPHIA BRANCH OFFICE STANDARD ACCIDENT BUILDING 214 SOUTH FIFTH ST. Ph il a d e l p h ia b, Pe n n a . Armstrong Cork Company Lancaster, Penna. Mardi 15, 19& Att: R. C. Schiedt, Jr Tax Dept. Re: Our file F - W 8988 - Armstrong Cork Co Floyd Hyatt Dear Mr. Scheldt This will acknowledge receipt of your letter of February 12, 195**-> and I wish to take this opportunity to thank you for your cooperation. You requested that I let you know if we did not receive the pipe covering within a week, and inasmuch as a period of three weeks has now elapsed and we have not received the requested material, will you kindly check and see if the material has been shipped. Very truly yours, Claim Repr HH:dd P la n e t Insurance Com pany. Detroit Standard Accident In su rance C om pany, D etroit Pilot In su rance C om pany, Toronto February 12, 1954 Standard Accident Insurance Coapany ZU South F ifth St Philadelphia 6, Pennsylvania Gentlemen* Attention* -Hr H. Johnson In reply to your le t t e r o f February 11, I have arranged to send you a eeotion o f the pipe covering requested Let me know i f you don't receiv e i t w ithin a weck . . Very tr u ly yours, > ARMSTRONG COBS COMPACT RCSjrtHCR R* C* Sohiedt, J r * T a x Department O M R. H F S L .K J .P F E R R Y JR.. C h ai rm a n of Hie B oa rd P L A T T S , President 0 R O W N . Vica Pr#s A Sacralary K I R K . Vice Pres A Treasurer H A C K E R . Vice President P A U L W I L S O N . Vice President E A W A R N I C A . Vice President P. E L A Y M O N . Vice President and Cenerai Counsel H . A W H I T E . Vice President SAMUEL J. CARR r e s id e n t V ic e-Pr e s id e n t A c c id e n t In s u ra n c e INCORPORATED 1604 CASUALTY I N S U R A N C E FI DELI TY AND S U R E T Y B O N D S P hiladelphia B r a n c h O ffice STANDARD ACCIDENT BUILDING 214 SOUTH FIFTH ST. Ph il a d e l p h ia 6, Penn a. Armstrong Cork Company Lancaster, Penna. February 11, 195^ PH O N E LO 3-8518 *Att: G-eorge'C. Scheldt, Jr. Tax Department Re: #1188988 -- Armstrong Cork Co. -- Floyd Sya1 Dear Sir: When I wrote you on December 1, 1953, requesting that if possibie, you get a specimen of the type of asbestos covering used on the job which the Armstrong Cork Company did at the McCloskey Shipyard in I9LL and 19^5, ^ s^ e Florida We find that this material had originally been manufactured by the Heasbv & Madison Company in Ambler, Penna., and while I did approach them directly, they felt that a request for the material should be made by the Armstrong Cork Company. " as you probably know, this case has rather serious potentialities, and if it is at all possible, we would like to get some of this asbestos material for i L S z S i o n purposes. If this material is not available at this time, however, it would be appreciated if you would advise the writer of same in order that I can communicate with our Florida Office and keep them abreast of this situation. imiRTUHrig you very much for your cooperation in this matter, I remain, Tours very truly, RJ:dd P la n e t Insurance Com pany. Detroit Standard Accident Insurance Com pany, D etroit Pilot In surance C om pany, Toronto 1 Arm strong C ork Company BUILDING MATERIALS ( INCORPORATED) DISTRICT-BRANCH OFFICE OUR REQ. NO. OUST. ORDER NO. F. O. B. CUSTOMER'S ACKNOWLEDGMENT CONTRACT FOREMAN'S DIVISION, LANCASTER, PA 4 I DATE SC DATE REQUESTED DATE PROMI9ED DATE SHIPPED L ancaster^ ------ !-- cyi CREDIT APPROVED TERMS --- !---------- SHIPPED FROM P )I. f / a e /i g / g li l At ontat CAR NO. AND INITIALS SALESMAN -OFFICE rM 2 2 - 9 k --- Ho Charpie PRICE LIST NO. ZONE-- W 6T . & PIECES n Ambler r DEFENSE ORDER NO. Best Way - Prepaid S P E C IA L B IL L IN G A N D S H I P P I N G I N S T R U C T I O N S SA L E S AND U SE TAX- n ..TAX NOT A PPLIC A B LE ..NOT TAXABLE - EXEMPT SOLD standard Accident Insurance T O 21k So. $th Strset Philadelphia 6 Pa. J o o ship TO L COMMODITY CODE (PLANT) QUANTITY ORDERED QUANTITY UNITS PKGS. DESCRIPTION ONE ITEM TO EACH SPACE same Attnt H* Johnson Claim Representative NOT TAXABLE - RESALE .T A X A B L E - - A D D . . . - % ............................ TAX QUANTITY SHIPPED PRICE AMOUNT O T M W IL i [E @ _ .i _ 3 ------------- rIBv4*v ------- --1* -- Q . 3 t . 2 W I P S W o r d ft H 1 w T h k ---------- _________________ M a i - . , c o v e r i n g -- i sfcM - T /# V . r ' w X ---------------------------------- w* MTK) This u a copy of your order e u c l l j a* we W e entered iL If incorrect in any way, please notify ns (District Office Shown above) at once referring to our order number. The goods told hereunder are w arranted to be tree from defect of m a te ria l a n d w orkm anship, b u t th is express w a rra n ty la In lieu of and excludes all other w arranties. Defective goods may be re turn ed to Seller after Inspection by, and upon receipt of definite instructions from, Seller. Goods so returned and found to be de fective will be replaced or repaired w ithout charge, but Seller shall not be liable for loes or dam age directly or Indirectly arising from the use of the goods or from any other cause. Seller's liability be ing expressly lim ited to the replacem ent or repair of defective goods. Every claim on account of defective goods, short count, or for any o th er cause, shall be deem ed waived by Purchaser, unless m ade In w ritin g w ith in th irty (30) d a y s from th e receipt of goods to w hich such claim relates. An overrun or u nderrun of 8% of th e quantities specified shall be considered fulfilment of this order. D elay o r fa ilu re to p erfo rm an y co n tra c t In accordance w ith Its term s shall be excused by (a) sabotage, fire, flood, differences with workmen, riot. Insurrection, w ar, act of any Governmental authority, priorities granted at the request or for the benefit, directly or in directly, of any governm ent or agency thereof, shortage of raw m aterial. Inability to m eet cu rrent sales requirem ents, act of God, or (b) any causes beyond the control of Seller. Any of the fore going conditions resulting in delay or failure to perform any con tracts ehnll excuse such delay or failure w hether the condition exists now or arises hereafter. In case of such delay or failure to perform for any of the above causes, either party may cancel the contract upon notice in w riting given to th e other. (The foregoing super sedes anything inconsistent therew ith relating to the same subject m atter.) There are no w arranties, agreem ents, or understandings express or Implied In respect to the goods covered by this order, except those set forth herein, unless covered in writing and accepted by both Purchaser and Seller. M . P u rc h a s e r a g rees to p a y to S e ile r th e a m o u n t w hich Seller 1 re quired to pay on account of any excise, m anufacturer's, payroll, use, o r sales taxes o r charges w hich m ay b e established or levied by any G overnm ental authority (domestic o r foreign) upon the m erchandise sold hereunder, o r any p art thereof, or the manufac ture, use, sale, or delivery thereof, or upon the m aterials entering into the m anufacture thereof, insofar as the same may be ap plicable to th e m erchandise sold hereunder or the manufacture, use, sale, or delivery thereof. . . ^ This order is subject to the approval of Seller's Sales and Credit D epartm ent at Lancaster, Pa. GENERAL INSTRUCTIONS DO NOT W RITE IN TH IS SPA CE PLANT FILE NO. Form 332 7-52 1053 F. I . C. S ta n d a rd C om pensation Order C a p tio n P a g e -- Form 1 FLORIDA INDUSTRIAL COMMISSION WORKMEN'S COMPENSATION DIVISION TALLAHASSEE, FLORIDA CLAIM NO: S-85S03 DATE OF ACCIDENT 195 EMPLOYEE: FLOYD HYATT c/o Lucili 3aowd*n 825-510 SeyboId Building Liuai 32, Florida, EMPLOYER: Represented by: LUCILLE SNOWDEN Attorney at Law 80S-SIC Soybold Building ULuai 32, Florida ARMSTRONG CORK COMPANY Lancaster, Pennsylvania CARRIER: STANDARD ACCIDENT INSURANCE COMPANY 32C Miracle Mile - Cora;. Gabion, Florida Represented by: DIXON. DeJAEHBTTE h BRADFORD Attorneys at La* F irat National Bank Building Riusi 52, Florida Compensation Order Deputy Cornale*loner George C. ScCaughaa 251 ueyoo^d Building Miami, F lo r id a 3-65302 Floyd Hyatt . / Armstrong Cork Co. After duo notice to the parties, a hearing on the above . eatitlad claim as conducted by the undersigned Deputy Commissioner at Miami, in Dado County, Florida, on January 5, 1254. Upon consideration of the evidence presented in raspect of such claim, the undersigned Deputy Ccmmissioner finds that! 1, The Florida Industrial Commission hat jurisdiction of the parties and the subject natter. 2* The claimant warn splayed by the Armstrong Cork Ccspsny during the years 1944 and 1943, at the McCloskey Ship Tsrd, in Tampa, Florida, as a building mechanic engaged in the erection of insulating material, which occupation required the claimant to work in a confined space with blocks of asbestos material and to be constantly exposed to asbestos dust, which was so dense as to | fog his glasses and penetrate his ears, nose, mouth and eyes. In |j the course of this work, the claimant inhaled considerable quanti- ^ ties of the asbestos dust. During the last thirteen weeks of his j employment by the employer, the claimant's w a g e weekly earnings j were $33.52, making his rate of compensation $22 per week. | At the first hearing, the carrier controverted the claim 1j on the ground that the statute of limitations had run against the j 4 4 ' ' claim and that the employer had not had notice within the time re- j quxred by statute . \> Testimony revealed that the claimant began to be short of breath in 1943 and to thereafter have a slight cough, but did not j| seek medical attention until he went to Dr. Brunner for treatment !j i in Sovember of 1952, who diagnosed the ailment as being silicosis. .. j This examination was occasioned by a chance a-ray taken by a Com- j j munity Chest Mobile X-ray Unit during a tuberculosis prevention ; | drive. On August 31, 1S53, the claimant went to Dr. Isaac B. , | Cipyes, who, after an extensive examination, diagnosed the ij | claimant's complaint as being asbestoeie directly attributable to jj | FLORIDA INDUSTRIAL COMMISSION W orkmen'* Compensation Divttlon Ji Tailahastee, Florida j the employment with the employer. This was tha ftrat time that claimant had any inkling that ha was suffering from asbeatosis. Thereafter, oa September 1, claim was filed on behalf of claimant for compensation oa the basis of asbeatosis as an occupational disease, and, oa September 9, 1953, a notice was ailed to the em ployer, which was acknowledged by letter of September 11, 1953, from the employer. Dr. Cippe* testified before the Deputy Commissioner that the claimant was permanently totally disabled and would continue to be so for the rest of his life, Claiaant testified that he was unable to be out of bed for more than a very short period of time and was unable to do any fora of labor. Be described in detail the conditions in which he worked with the employer, and the description of the conditions were those as described as likely to cause the disease by Dr. Cippes. - The insurance carrier*# only testimony was in the nature of the report of Dr. M. Jay Flipse, who found the claimant to be suffering fro* pulmonary emphysema, and bilateral pulmonary fibrosis. The Deputy Commissioner finds that the claimant does suffer from asbestosis, as testified to by Dr. Cippes, and as a direct result ofhis employment by the Armstrong Cork Company, and $ thsttbe same falls within the provisions of Chapter 440.15-1 as an occupational disease. The Deputy Commissioner interpret* the requirement for notice to the employer to be notice within SO days of the time the claiaant becomes aware of the nature of the injury or occupational disease, and the Deputy Commissioner finds that notice was given within the time required. The Deputy Commissioner further finds that the rate of compensation is that which aas in effect at the time of the ex posure of the claiaant to asbestos dust in 1945, to-wit, $23 per week. WHEREFCJtE, it is the order of the undersigned Deputy FLORIDA INDUSTRIAL COMMISSION W orkmen' C om pem ation Division Tallahassee, Florida I- Commissioner that th employer, Armstrong Cork Company, by it insurance carrier, Standard Accident Insurance Company, doi 1 . pay claimant, Floyd Hyatt, permanent total disability compensation from Auguast lo, 1952, at the rate of $22 per week. 2, Furnish claimant such medical benefits an the nature of hie condition due to the occupational disease require* $, Pay the charges of Hr. *. C. Brunner and Dr. Isaac B. Clppes, for examination and medical treatment, within the limit prescribed by the Medical Fee Schedule, and reimburse claimant for such payment as he may have made toward the charges made by these physicians, 4. Reimburse claimant to the extent of $39.25 for drugs anil medicines purchased by him at th* direction of Dr. M. C. Brunner in the treatment of the occupational disease. 5, Pay to Lucille Snowden the sum of $500, as a reason- abie fee for the services performed on behalf of claimant herein, DOMS AMD O A D m S D at Miami, Florida, this 1^ _______ day of January, 1054. . . t - * CJ ___ c . `M c Ua Shai . as Deputy commissioner FlcrIda Industrial Commission " I li ji (SEAL) ! CCt Parties Attorneys Florida Compensation Bating Bureau This is to certify that a copy hereof has been sent by: registered mail to the claimant and to the employer at the last known address of each, this -ULday of 19^ FLORIDA INDUSTRIAL COMMISSION .3- W orkm en's Compensation Division Tallahassee, Florida D M R. H F S L. K J P F E R R Y J R . Chairman of the Board P L A T T S , President B R O W N . Vice Pres & Secretary K I R K , Vice Pres A Treasurer H A C K E R . Vice President P A U L W I L S O N . Vice President E A W A R N l C A . Vice President P E L A Y M O N . Vice President and Cenerai Counsel H A W H I T E . Vice President Standard Accident Insurance Company INCORPORATED ISSA CASUALTY I NS UR ANC E FI DELI TY AND S U R E T Y B O N D S lUELj.cARR RESID EN T V IC E-PR ESID EN T Armstrong Cork Company Lancaster, Penna. P hiladelphia B r a n c h O ffice STANDARD ACCIDENT BUILDING 214 SOUTH FIFTH ST. Ph il a d e l p h ia 6, Pen n a . December 2l, I953 PHONE LO 3-8518 Att: R. C. Schiedt, Jr. Tax Department Re: File #1*88988 - Armstrong Cork . Floyd Hyatt Dear Sir: Thank you very much for your prompt answer to our letter of October 26th, I953, requesting wage information on the dove claimant. The writer has been endeavoring to get a specimen of the type covering used on the job which you did at the McCroskey Shipyard in 19V*- and l9l*-5, but to date I have been unsuccessful. I called at the manufacturer of this asbestos pipe covering, the jfeasby & Madison Company, in Ambler, Penna. and explained the situation, but they felt that they could not give the material directly to me, but ather requested that I have someone from the Armstrong Cork Company go through the process, and if the material was available , they would supply the same. We desire to get a specimen of this material in order that we may have it analyzed -asaiAt this time I request that if you do not have some of the material on hand 'at your plant, would you kindly write to JJeastyMadison Company and try and secure some of the same? . Thank you very much for your cooperation in this matter. . Very truly yours, H. Johnson Claim Repr. BJ:dd Plane! Insurance Company, Detroit Standard Accident Insurance Company, Detroit Pilot Insurance Company, Toronto FLORIDA INDUSTRIAL COMMISSION The Deputy Commissioner w\\ bold I conference betw en alt P * * ,n y ^ Comm ss'on Offices on .///C oj . - jcS a d _______________November 3,--- 19-- 53-- --------------- 1051 Seybold Building-- --------------- Miami F l o r i d a -------Office of the Deputy Commissioner Notice of Hearing Claim No. -- g - 35602------------- -------------------------- ----- Employee --F loyd Hyatt In care cf h i s a tto r n ey Attorney for Employee -- L u o llle Snowden S eyb old B u ild in g Miami F lo rida- Employer f n i r t r r ; rr"''r Onmpnwyj Lrmaactar Pen n cylvan ia------------------- Insurer__pt.nndnrd A ccide n t In su r an ce- C o ., c /u Dla.ua D eJ a rn elle & Bradford, ACL6ittl'fcyft Attorney for Employer or Insurer --Dixon DeJarnet t e & -Bl'ad fu rd , F i r s t N a tio n a l Bank B u ild in g Miami, Florida _______ _______ ____________________ TO THE PARTIES ADDRESSED: A hearing will be held in the above case at 1Q;1 Seybold Building, Miami; Florida ___ ______________ _________ ______________ By n f pwrt.ten .----------- ----------------------------- at-------- 9*3--------o'clock -- M-------- December 2 2 , 195? THIS HEARING IS PART OF A SCHEDULE; IT CANNOT BE POSTPONED WITHOUT CONSIDERABLE INCONVENIENCE AND EXTRA EXPENSE. POSTPONEMENT CANNOT BE HAD EXCEPT UPON STRICTLY LEGAL GROUNDS: SUBJECT OF'HEARING (Here state question in dispute) DETERMINE TKS'TthiUTb OF TEE CLAIM FOP. CCliPENSATI017,BENEFITS FOR DISABILITY RESULTING FROM ASBSSTOSIS CONTRACTED DURING 1 9 U AND;19A5 WHILS'-EhPLUYbD AT McCLLLK.EY ship XAKLtt, TAM^A, rLunibi , . v ________________ .____________________ __________ _________ The artieS'Ro this hearing should arrange to have all witnesses present to testify promptly at the time and place above given.', (Subpoenas, will be issued upon request of parties or counsel.) The rigSt is TeservedNfo take such action as the law permits if either party fails to appear at the time and place set for this h e a r i n g . F L O R I D A INDUSTRIAL COMMISSION CC* Above Parties, Tallahassee Office Reg. to Carrier's Attorney ROSB-- 40*4 .-03 r7 < ^ ... ' j . Deputy Commissioner n tifitiAia r rs AS October 30, 1953 :i <- . i*5 Standard Accident Insurance Co* ** * 2U South Fifth St, Philadelphia 6, Panna* <j- >v v 7?''VO V.i.0 -. >- 12/00 : V/l Genti ooeni Attention! Mr, H, Johneon F ile *88988 x Vr.,00 ' 6.C0 -. . - Ac i-; 7,3.i_55 We acknowledge the receip t o f your le t t e r o f October 26 concerning the a lleg ed occupational d isease su ffered by Floyd I f y a t t * ' _ - r r 'M i.fp ij ft. * b * P ayroll d e ta il prior to 1945 has bean destroyed, however, our records in d ica te the follow ing wage were paid In the periods ind icated . Fourth quarter o f 1942 sraxot ^ -Lblc ployed, in Michigan a 7 * ^ covrrs_. ~~ : s '"i"w F ir st quarter 1944 tfS-o** * '* 7 1 5 /5 0 ^ . Second ^ xc - 995.75 -- 1------ *"* - '* v*' ^ ^ ^ r*>'z x ' 834.00 Fourth 453,75 Enployaent occurred in F lorida tKi?.y . - 1945 eaploynent d e ta il in Florida fo llo w s1 ~s cacx: "*' Weak S. id e- -d *y"5*t 1/ 23/45 Mi I/ J^ 6 ^ r- V l3 ' ; , V i/w . V6 ' . : 3/13 3/20 3/27 4/ i o 4/17 4 /2 4 5A 5/8 5/15 ^ 5/22 Total Hours 1i-OA 'S* 0. 40 32 16 48 48 48 48 48 40 48 ; 48 : ' 48 48 40 56 . -4 0 48 Total Wages 25Q4..Q0Q0 48.00 24*00 78.00 1 78.00 : 78.00 ! 78.00 78.00 60.00 ^ 78.00 78.00 78.00 78,00 84.00 78.00 66.00 78.00 Standard Accident Inaurane Co - 2- October 30# 1953 Week Boded Total Hour Total Vaget 5/29/45 48 I 78.00 9.; ;u? 6/5 46 78.00 6/12 4S 78.00 . . / " : ft/. 48 78.00 93.00 . * 6/25>^ -I 5*. ;7 /2 4S 81.75 -V.** ` 7/? 8 12.00 7/16 A' *i- , rf$ **<-. 48 7 8 .0 0 7/23 : 48 78.00 ; 7 /3 0 ^ -4 0 66.00 .8/6^ y ? . ^ - IH peceij- 48 -J 78.00^ lottar cfjl ~' esas T9? 8/13 .txc li TTrt Total-:?! 5 *2> / f a t i t i a o rig in a i WplcyWent started aoswtiae in the ^fourth ^ quarter o /l9 4 2 and tera in ited due to no vork August 1 1 , 1 9 45.- tite r .. Pue ti> th o u g h t xTr a rtet during the var, i t i s q u its p ossib le Hyatt vas eBployd as a pip coverer. "since you did not enclose a vage etatsnent in y o u r 1 ^ ^ not h . r t - V e t u . I f v . f j o * to * 1 70 *U th . I n f o x - U - ordinarily appearing on the vage statem ent. *<--C,',<>*,V.* . . ^;W?.*x.r ftze. "W. Very tru ly yours, 1545 3SU&-asiit 4e>ll in F- r ARHSTBOHQ COBS COMPAS! BCSJriHJH'-- '"j . ' 4 >V 1/3T *V -*.* *v *-v - 7' ,^.T _ * V* %f\ *~ V,. IVm V' >- : r 'i?!_ :a :vt a . < _e _ R. 0. S c h ie d t/ Jr.to Tax Departaent;C,,C!' xn.- r'Vftiffir-. UV' . '-t */iV- ri ***'**e*y'-' v< 7i,:X ` T-.;C0 :* *.**'*pi^es- A* f i-/"\j1: t/**c fC rv * **V*'W'.r 1t* a. T : f*r. 4 '% /,c - J-,-* jf Vs U < -- <jicM-, ' < z tw T. ^fcTTS- \ ('RI * is 1 M kl^r Pe.Tuo J 11 r,ro Z 1u n ? 3 &M-. o 4-S^.Tf \-a <V'f.U 0** ' ff |,$0 "it D M F E R RY. J R . Chairman of the Board R H P L A T T S , President F S B R O W N . Vice Pres 5 Secretary L K K l R K , Vice Pres 4 Tre asurer J P H A C K E R , Vice President <=i P A U L W I L S O N . Vic# P r e si de n t E A W A R N l C A . Vice Pre sident P E L A Y M O N . Vice President and General Counsel H A W H I T E . Vice President YHJr Standard Accident Insurance Company iNcoaeoftATCD tae4 CASUALTY I N S U R A N C E FI OELI TY AND S U R E T Y B O N D S SAMUEL J. CARR RESID EN T V IC E-PR ESID EN T P hiladelphia B r a n c h O ffice STANDARD ACCIDENT BUILDING 214 SOUTH FIFTH ST. Ph il a d e l p h ia 6, Pen n a . PHONE LO 3-8519 Armstrong Cork Company October 26, 1953 3' Qt-r. Lancaster, Penna. Att; Payroll Section Re: Pile #$988 - Armstrong Cork Co. Ployd Hyatt - Acc: 1 Gentlemen: During the years I9I* and I9L5, this company was the Workmen's Compensation Carrier for Armstrong Cork Company. . We have been advised by our Tampa, Florida Office that during this time you had one Ployd Hyatt in your employ as a plasterer. It is alleged that during^ that time Mr. Hyatt was working at the McCloskey Shipyard in Tampa as a plasterer and due to the shortage of employees was used to wrap pipes with asbestos. Recently his attorney made claim to the Workmens Compensation Division for total disability as a result of contracting asbestosis during this period of working in your employ. We are enclosing a wage statement and request that you complete same. i&o, it is requested that you advise us, if possible, when Mr Hyatt came tqkork for your company, when he left your employ, his reasons f r leaving, and if possible, any period of time in which while your employee, he would have come in contact with this asbestos material. Thanking you in advance for your cooperation, I remain, P la n e t Insurance Com pany, Detroit Standard Accident In su rance C om pany, D etroit Pilot In su rance C om pany, Toronto 1 it vi have no record or ever n a v m g ,- ; '^ 'HyatV at the Pensacola Plant. ; It is possible that -- " ^ d u r i n e 19Uk-li.$ 'as' an employee in contract operations ' :S G l i d i n g Materials Division. We are / - ___ a n o a w M n h w e have received relating, to * -^ ,, .. . * iN^V:r V '** -itA*'""V.fJf.*-.'.'-V -. ; . .f i A s;.w. ---- . V - . ' "- r i --- v t - i < . -V '* .*--- , , v v . - -V * - ' : ~ v ' Z k{ - - A.aciH -iJ ' *' -' >Vr i':- . ; ' . '*-'-r. - . . k --> n . ' .' _ . V . - . . - ' . . > -. . . *S\ &*..a:>';^.v .- t.-;-v-< c-.r -.. *-u -,:'<% X-,i V- -. ,, :-V-. >P/. -V,.nV.' >r v Form 150l ``i ^ :' i - ' % - f i / f : ,,TtinWii i - '-- vi. D M F E R R Y J . , Cha>rmor> of the B o a rd R H P L A T T S , President F 5 B R O W N . Vice Pres & Secretary L K K I R K . Vice Pres. & Treasurer J P H A C K E R . Vice Pre sident P A U L W I L S O N , Vice President E . A . W A R N I C A . Vice P resident P E L A Y M O N . Vice President and Cenerai Counsel H A W H I T E . Vice President Standard Accident Insurance Company INCORPORATED IBS, CASUALTY I NSURANCE FIDELITY AND S U R E T Y B O N D S C laim Departm ent FRANK V. C O FFE E . CLAIM REPRESENTATIVE 4TH FLOOR BARNETT N A T 'L BANK BLDG. JACKSONVILLE 1. FLA. September 17 1953 T-L. P. Shriver Agency, 1801 Union Bank Bldg., Pittsburgh 22, Peana. Attention Mr. D. 2. Edgar HE* Floyd Hyatt ys Armstrong Cork Co., d/a 1944 and 1945 Gentlement We acknowledge your letter of September 16, 1953, enclosing papers in connection with the above. 52T.e8e papers are being forwarded today to our ;\ Miami, 21a. Claim frico, Mr. Jade Walker, Claim Representative, Standard Accident Insurance Company, J 2 0 Miracle Mile Hoad, Coral Gables, Florida, where the matter will receive"prompt attention. Tours very truly, -jj * z >S\cc-Hr. R. C. Schiedt, Jr., Armstrong Cork Co., Lancaster, Fonna. cc-- Standard Aocident Ins. Co., 320 Miracle Kile Road, Coral Gables, Fla. Attention Mr. Jack Walker, Claim Rep. P la n e t Insurance Com pany. Detroit Standard Accident In su rance C om pany, D etro it Pilot Insurance C om pany, Toronto V-L. P. SHRIVER AGENCY, General Agent 1801 UNION BANK BLDG. PITTSBURGH 22, PENNSYLVANIA Mton. Grant 1-7800 September 16, 1953 Mr. R. C. Schiedt, Jr. . Tax Department Armstrong Cork Company Lancaster, Penna. Dear Mr. Schiedt: Re: Claim No. S-5602 - Floyd Hyatt vs Armstrong Cork Co. Date of Accident 1944 and 1945_________________________ This will acknowledge receipt of your letter dated September 15th, with enclosures, in connection with the above. As per copy of letter attached, we have forwarded all papers to the Jacksonville, Florida Office of the Standard Accident Insurance Company for the necessary attention. Should additional information be required, you will hear further from either the Standard Accident Insurance Company or this office. We shall keep you advised as to developments. Very truly yours, V-L. P. SHRIVER AGENCY D. B. Edgar DBE:maw cc: Frank V. Coffee, Claim Rep. Standard Accident Ins. Co. 401-402 Barnett Na t 'l. Bank Bldg. P. 0. Box 359 Jacksonville 1, Florida September 16, 1953 Frank V. Coffee, Claim Representative Standard Accident Insurance Company 401-402 Barnett Nat'l. Bank Building p. 0* Box 359 Jacksonville 1, Florida Dear Kr. Coffee: Dear nr, uoiiee Re: Floyd vs Armstrong Cork Co.. D/A 1944 & 1945__________ We are attaching copy of the following letters: Florida Industrial Commission to Miss Lucille Snowden, Atty. at Law, dated September 9th, 1953 Armstrong Cork Co. to Florida Deputy Commissioner, dated September 15th, 1953* Armstrong Cork Co. to V-L. P. Shriver Agency, dated Septem ber 15th, 1953. From the correspondence you will note that Miss Snowden is filing claim against our assured, Armstrong Cork Co.. on behalf of Floyd Hyatt for disability resulting from asbestosis, which is alleged to have been contracted during 1944 and 1945 in the course of the claimant's employment. The letter from the Armstrong Cork Co. to us dated September 15th sets forth the employment record of the claimant. We are also enclosing coverage information for our assured* s policies for the 1944 end 1945 years. The Standard Accident Insurance Company covered all operations in the State of Florida, except their manufacturing plant at Pensacola. Would you kindly do the necessary to protect the ' '/interests of this good assured. If further information Is a ^desired, do not hesitate to call upon us. '1, ^ ; - ' > G , '$ 5# \A h ^ ' -y \V - u etr: C / ' / Thanking you, we are Very truly yours, V-L. P. SHRIVER AGENCI D.'B. Edgar LO<- (,-V. ccv\_^ s t a t e o f F lo r id a OAN MCCARTY. Governor Office of Deputy Commissioner 1051 Seybold Building Miami 32, Florida September 11, 1953 JA M ES T. VOCELLE C H A IR M A N H. E. W O L F E INDUSTRY MEMBER L. R. W E S T O N LABOR MEMBER RODNEY DURRANCE DIRECTOR Armstrong Cork Company P. 0. Box 351 Pensacola, Florida Attention: Mr. J. H. Appleyard, Personnel Manager Re: S -85602 Floyd Hyatt v. Armstrong Cork Company Gentlemen: The above matter has been referred to this office for actention; claim for benefits under the Workmen's Compensation Act haying been filed by the employee, through his attorney, Miss Lucille Snowden. Copy of the claim is enclosed. In accordance with letter of September ,9 1953> from Mr. Rodney Durrance, Director, to Miss Snowden, kindly advise at your very earliest convenience whether it is agreeable with you for the hearing to be held in Miami or whether you prefer that it be he. in Tampa. You have, no doubt, received a copy of Mr. Durrance'i letter b y this time. Thanking you for your prompt attention to this matter, I am Enel. CC: Miss Lucille Snowden Attorney at Law Seybold Building Miami 32, Florida GEORGE C. McSAUGHAN Deputy Commissioner c 0 p ' Y LUCILLE SNOWDEN Attorney at Law Miami 32, Florida September 1, 1953 Florida Industrial Commission Workmen's Compensation Division Tallahassee, Florida Re: Floyd Hyatt vs Armstrong Cork Co. Date of Disability, August 12, 1953* Dear Sirs: Floyd Hyatt files claim against the Armstrong Cork Co. for disability resulting from asbestosis which was contacted during 19^ and 19^5 with the above named employer, while claimant worked at the McCloskey Ship Yards at Tampa, Florida. Since we do not know the name of this employers'- carrier, ' nor do we know this employers' address, we wish this letter to constitute notice of disability from any earnings as of August 12, 1953> and claimant's knowledge of his condition " as of the last week of August, 1953* - It is requested that hearing be set on this case preferably in Miami, if the carrier will agree, as the doctors and claimant live in this area. Claimant has requested that I represent him in this case. Sincerely, ' N Lucille Snowden Attorney at Law September 15, 1953 Mr. George C. M rCau#in Deputy CcBndssioner 1031 Scybold Building . XUo d 32 Florid Bear ISr* HsCangfran t ^ - ' -- - ^***8**TM Ve acknowledge the receipt of copy of letter written by Kr* Rodney Barrens to HLoo ImcHI* Snowden regarding the alleged disability of Ployd Ryatt* Our records Indicate Jfir* Hyatt wee in our esplny as a building acchanle engaged in the erection of Insulating Materials* Ve did not self-insure **1m type of work but had workaen's coagensa- tioa coverage with the Standard Accident Insurance Company* A copy of Mr* Durrance** letter has been forwarded to the agent who handled the Standard Accident account at that tia* ' Very truly yours, ` m ensem cosx casunr RCSlAI Copies to i Mr. D. B. Edgar V-L. P . Shriver Agency Pittsburgh 2 2 | Pa. Mr. J . E. Appleyard, Pensacola Plant . S* 0 . Sch ied t, JT* Tax Dopartasnt Septeafeer 15# 1953 Mr. D. B. Edgar V-L. P. Shriver Agency 1801 Union Bank Bldg. Pittsburgh 22, Pa. Dear Daret , y * v> ^ VS ars eacloalmg a copy of n latter from the Herlda industrial Cow* adssiou regarding a vortaen* coap*n*tlon claim filed by Floyd Hyatt* . Bseerds indicate this man vas employed by our Detroit District Office in l$b2 and our Jacksonville, Florida, Office in 19** and 19*5 as a building mechanic* - Our p a y ro ll records p rior to 19*5 Have been destroyed* However, 19*5 records indicate Mr* Hyatt as employed In Florida from January 22, 19*5# to August 11, 19*5# as a plasterer at $1.50 per hour. , . In ttfrrr*1 tines ve use plasterers to erect corkboard* During World .War XX, due to the manpower Shortage, we night have used this nan to apply pipe covering. Xeaabey I Jfettieea, naaufaeturer of this heat Insulation nets* rial, have told us esployees have been manufacturing this product for years without any ill effects. This appears to he a pretty weak claim* ye nssuw Standard will reply to the last sentence in Mr* Durraaca's letter dated September 9, 1953* 2f yow require additional information, let us KQOfs .... Very truly yours, FCSiAH Enclosure B* C. schiedt, Jr* Tax Dapartaaat FLORIDA INDUSTRIAL COMMISSION W O R K M E N 'S C O M P E N S A T IO N D IV IS IO N TALLAHASSEE / September 9 , 1953 /? Miss Lucille nowden Attorney at Law 808-IO Seybold Building Miami 32, Florida Vv j Vv^_-n . Re: Claim Ho. S-85602, Floyd Hyatt vs. Armstrong Cork Company, D/A 19** & 19^5 Dear Miss Snowden: We have your letter of September 1 filing claim against Armstrong Cork Company on hehalf of Floyd Hyatt for disability resulting from asbestos is, vhich you state was contracted during 1 9 ^ 19jj5 * * the .course of the claimant's employment. You request that the case be set down for hearing in Miami if the employer will agree, as the claimant and the doctors live in that area. It appears that this matter has not previously been reported to this office: therefore, we have established a file by assigning our number S-85602 to your letter, which we are today forwarding to Deputy Com missioner George C. IfcCaughan, Miami, with the understanding that the hearing will be held there unless the Armstrong Cork Company objects to this arrangement. A copy of this letter is being forwarded to the Armstrong Cork Company, self-insurers, and they are requested to ad vise Mr. MeCaughan if they prefer that the hearing be held at Tampa where the injury occurred or whether it is agreeable for him to con duct the hearing. Very truly yours, V RODBEY DURRABCE Director / / JCC:lfc v cc: Mr. George C. MeCaughan Deputy Commissioner 1051 Seybold Building Miami 32, Fla. ( E n d . - file) cc: Mr. J. H. Appleyard, Personnel Mgr. Armstrong Cork Company P. 0. Box 351 Pensacola, Florida - . ,, c, t\ /U yj COPY Emi H y a t t , F l o y d C* N*. s 8 5 6 0 2 | Employ* Town .Cork.-Q- ( *d`/.t r.nntar. tffii d u r i n g T Q 4 4 ft 14^ -- 2- jury A 3 b e s t 0 3 l s --------------------------------------------- ------------------------------ ( Bwfk 1 C 1 t Cl* ~bd________________________ __________________ f The Commission has assigned the above Case Number to this file. All future report! and correspondence concerning this injury MUST refer to this number. Florida Industrial Commission* Workmen's Compensation Division ? ? ? ... / < l*. r , F . V, + r V' v V. ""> ^ w * k* \ - i-x 4-s' "O 5 -j 1- ' ~ c *6 |>C * 7s U . j-8 J jvi^ io < zji Inter Office Communication Armstrong Cork Company O - $4*-e .Tjf-'iiJ-i ;.*.'> . - r * *'' \ ~ ' f 7 a '^fZOrj&nKU-' - . a & t& '*<&''*- ' f*f - V * . **' JL *- > ; h * 1 * > . - , ^ l\~. -v-'--'c J. y "'V .i, *. *. * ' :/ * '* . %,.y. `'-.-u,- ,v '.y--'*-"-.* _* ^ - vSf`r'Jr" /;- This morning, we" received the .enclosed letter, from.. ;V."; the'Florida Industrial Commission Workmen's C o m p e n s a t i o n ^ Director indicating a claim against,Armstrong Cork Company, on "behalf of a Floyd Hyatt, claiming disability resulting ...,, from asbestosis contracted during employment,during 19I14-M-5,., ... . .... .,, W e l ' h a v e ; e x a m i n e d ;the: r e c o r ^ s ^ f ^ ; . p l ^ | xa ^ h a y ^ ^ o ^ e v ^ ^ ^ v ,,/ SW'-'ray^sioh .inaiTSiau1am\l?iV^trhtVoAwWAe?.Te^1^T thtf fiQUTSe Of.hiS Z ' -""letterf Mr. Durrance;refers,, to^employment;^ v- 'which lea ds'us^to~belie ye .that,,this man mayhave, been , utjpa>rH<l?fc:: em-^ 3,1 y ploy ed by 'the "^contr act . ! v -3 d/iMvttiIsi1-o1r-nt_ n; 4ro.tff;4.0oX1.u1-r1*, ecoommnpaannvy..' We loin felt' art +-.Vi - -r,- |C*'VWJ fffe-aiMfi < i S ? ? K r * ; p S y > f t \ * ' ^ rt*. ' c c : Mr. E. H .;L ee -'.v .*,7T -T . , - Jzr'zs'iytr.. - _ v 'V ' . -;' '-'-r i-:y; -'Crv;'< ' ''J : 5=..' '"t. ?* ^ .' , '-- -w ; ; - *' ;. r ' f.'.A , : -.'.'V f *' . *. ' . i ^ : - n ` ' v ' ; - . - ^-. - k -' k'm . -- - ` ~ -> ; * - ,- ^ ' ^ :' v''i`V- * . t. > V \, ,e > - -V **'- - -* '" - W rr-' *-- *v.`,-;:F''v,'r >' --V*'"*i!'-; 4-H- = - . ' --,' ' Form 1501 10-46, y' i}`;\*..'s - :.r". -i IW'' 1 '' ? i'< ,t;h?r35r;'';i''' ; *" -'