Document r6N98gJa8jay6Y8nN4eOrvaZv

FILE NAME: Quintec (QUIN) DATE: 1965 DOC#: QUIN005 DOCUMENT DESCRIPTION: WC Claim - Furia ULft^A Dd K gs C < s a 'y 'A QC INTER J J O f f ! GE COMMUNICATI ON f L. To J , ^ ~ Z e l g l 'L a n c a ste r From A. W. Gross, Sail Francisco Subiect Industrial Accident Commission State of California Del Furia October 18, 19 65 Attached are two copies each of Notice of Intention to amend Findings and Award and Notice of lime and Place of Further Hearing for the subject former employee. DJH FORM TSOI Printed in US,A. -S V * * 179 IN D U STR IA L A CC ID EN T CO M M ISSIO N TATE OP CAUFRNIA ;V v CEI, F0KXA# vv,. fccij;v Applicant i m m i z s , R E P ." tjJ*'LinEKY n*7DM 'XTCVfr / s e e ' CCXWBY,. ELUT V.KU52R il /uiiTr.TCw. v & K r s x -`ZQ.i c w J i i . x , - yrxsr. c*MrKi*ia jssittAcs -M-sa, c c t m t 4 . U `?ly CC^iMiTi, Cf.r.iUY, TiiL T$AVi7t ibsueue;? c c ;:v a !y, A r t cAitara t ouafr w - CCk;'.*.nf, W ftK I /.:K X S W CCrsi'AB, AS3 . KOUSTniAI, lC&iiY CC.&-7IY, Defendant - NOTICE OF INTENTION TO ameo piibiaca a h o m 5crj?pA8.mcvTT- NOTCE IS HEREBY GIVEN that w i l l t-* ene&ud t a n : i - l i i O e a "ir-dia i'lB d ia fs ss end t. d Award, fendan t fU<T In -U Ju ly atri ! O2r,;;- ;!%a?f tlt y C oapeny v a s . u c o c ^ a i i O s i 'M uran-B c a r r i e r a i $*;'*;n i a n t -P u tty Asicjatas CWRwafgr t-eivT^n defendeatt Iiid asiy ifit Indasnityr C:*spey aa- rj& m s iarcfc tr.e p a ril$i<e-s..,3*s i in ta st in sla -*.^ ivara U * Joint and w w n l award ar'voriwa* r.snaatioa b e n e f i t * - fcttfein va on'varo t e n (l3)days after service hereof unless Good Cause to the contrary is shown in writing within said rime . DST BALL " -- " E S T ----- ------ Date OCTOBER 15 a Ig A ll p a r tie s aerved * shown on O f f ic ia l Address Record, P 180 INDUSTRIAL ACCIDENT COMMISSION STATE OF CALIFORNIA m . FURIA, Case No.- ^ , g 3 S NOTICE OF INTENTION TO ACUD FIS0HG3 AiiD AWARD VZCTCM /..vnr.i!TC3 CCillVUiY, CTATE COTidSEATitSi m s ir - ts c c Fusai cci.t f a c t & r u f f l y - CfeOVlLY, AAJWRrU S!\K C0KAM3T S S TAVTER IS3t".ASUR CCHKUif T3S ATiA CAiliALT & hWS- t v cckpahe, r ^ i o i Auauwis c c a a a r , s a SBtfSHOAIi racaiIY- CCSPASY, DtfbtdaniS PESIUNG-THAT. NOTICE IS HEREBY GIVEN that iho Pliidins end Award, rU oii Ju ly S3, 195?, t r i l l , be aedsdeC to include a finding th a t defendeht Indus t r i a l iodeanlty 'Cospany was t e edapenaation. insurance c e r r i t r i 'defsadant iu ttsm ' . Asbestos Caepany t-otvftOA iiavccSbair*' i&Sl* end Karch, 1 ^ : , and t o includo defendant Xniiasv.ricl Indemnity Cpsesiiy tnnrvs tne parties against whan the Joint end several avefcl of wo rsen's cD^r-orusotion bernsfits herein vaa entered . t e n (l3)i*ys after service hereof unless Good 'Causetothe contrary Is shown in writing within aid time . D m * CCTC3EI 15* 1$05 All parties served as ahevn en Officiel Address Record. P 181 INDUSTRIAL ACCIDENT COMMISSION TATE OF CALIFORNIA . PEL FURIA, C t a N o . 65 SRO Applicant--, \ B A ir.if nrr,zT ft h il l , lib er ty J n r r m n a n a * AKCE CC:-i`AI.T, FLAW' RSBOBR ft ASWLTOS WC5tS3 tjiSTSP.2 A:'.i-r.?CR CCs-ii'Aif?, STATS COXfiSBinC: IRSURAJICE PURO'.AflfcMHM -COUTRACT ft SUPPLY COMPAKY, JIXWTHOIHI CCa K CC4PKY, TKc fiSOE*. t3U!iiC2 COMPAS* TUS ft&THA C/wC&LY ft'CUiii COJRKY, LUTTO AESLClTCy COM'AIiY, AKD EDUC1RML Xli'raiTy CU*AJIY DefendantJ j N otice of Time, and Place of Further Hearing NOTICE TO ALL PARTIES You are Hereby notified that further hearing will be held in the above-entitled action at 753 3EOOC1SO ATEWJS, Santa Rasa, California THUE3PAY, October r-8, 1 ^5. at 9:03 a.tn. D*t*d*es S n t a Rasa* C a lifo n ila IN DU STRIA L A C C ID EN T COMMISSION NOTE! CONTINUANCES AND FURTHER. HEARINGS ARE N O T FAVORED. NAME A N D ADDRESS OF PERSONS SERVED . DATE ,, OetoteoT 1965 All parties served ea shows on Official Addroaa Rscord. ep 182 INDUSTRIAL ACCIDENT COMMISSION STAT&PF CALIFORNIA VEX. FUBIA Applicant-- \ vs. fiK tceiB , n m s r ft h il l , l i s i t t !dtual xrtUK- Ar.CB c c x a m * f ia t ? K SS B ft fc ASSEIPTOS Vf&OCS, VSTEPJ ASRI'i.-TOS CO'tPAiry, SATS' ce:C TSTC S XS&flMWBS TUiO, MUSTACIiS C C Iim T & SUPPLY CO!tY* /iHIZAOI CCSS COPAUY, TIC TRAVELS?. 3&5&3ASC2 CCKPASY* fg B A STI CoTiLY & SU3E- CT cc::?any, r j T c a a c s x c s compaiy, ad HI33TRIAL. XULCUJirr COXPAKY, Defendants N o tice o f Tim e and Place o f Further H earing NOTICE TO ALL PARTIES You are hereby notified dut further hearing trill be held in die above-entitled action at 750 KEHDOCIKO AVSE0S S an ta R o ss, C - l i f o r n l a THURSDAY Cetab or ?3, 1965. a t 9t 00 a .n . Dl"dat: Santa Rosa, C a lifo rn ia INDUSTRIAL ACCIDENT COMMISSION NOTE: CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. NAME AND ADDRESS OF ERSONS SERVED DATE . October 15, 1965 A ll p a r tie s served as shown on O ff ic ia l Address Record ep o Persea Sa< 183 FORM 1501 PtIM-J InU.5.A. t * > h r* fr. 184 1 EnifCKS SE XH3U3TKIAL ACCUS C.MIS3I03 Cj' TC2 SSTIi Of CALIKjJVJft 2 * CASE 3 0 . 65 33 4243 3 DO, FURIA, ) t 4 Applicant * t 5 -VS- t 1 6 SALcaiii, r .r .n r & h ill, lisztot H7?ual: X wUSAzice cc^ a: ' p&j u - s s &ir -Aid t 7 ALOZD`203 KC-K, u'LST^i-i'ASliESV-rJa i co.v.?jr.fF s m s t ;'co:-;?L.wAfzoa ^ sliace* ORKaa AppotrJtoiiTHOLTArr..rrf 8 ILMD, AMwVOiS C0.t0ViC!? t SUPPL t i-i-* CwiEAiiv, c^s cy.-fA.' '* t 9 'Ey: TALVlT'vi.l t;SLTAiiT.`. C-^ifAKV IS t AI.iMA CASUAL' c< 3UElTy COIiPAiAf. and j 10 l^U STH IAL IAfZAIIfTTf CC;r?A:ii, . i t 11 D efendants.: -: ' : -- 12 ' ....) a 13 FINDTKS3 ITT//, 14 1 . Defendant Dutte /.cb^sca'cornp&'iy 3 defunct, end \v./; i 15 therefore l not a reapi^oibl^^f^rsisiit. | 16 2 . Twenty-four aoi/^uTo^tk^ period tiring which anplVi;.-;n| 17 was exposed to un a s b o s ^ ^ a ^ g ttrsyi as spent In mariti;- cupIo./.^.\t^. 18 and therefore'was c u t s uri3dlction of tuia coesiiRnlon, 19 3 . 2ft to ta l number o f the Deealidt^ months o f c-.nlojrf.-,:, 20 in which applicant was exposed to cn aabestosio hassrd while :;t;-v* ' ; ! 21 fo r the insured of a responsible orkssen1 ccspcnsation insuraucf ! 22 carrier herein was as follow s: \ 23 Plant iaibber and Asbestos V<u-ia 59 months 24 ind u striai indenni ty company 1 3 1 . 7 .-..: 25 S tate cossponsstion insurance fund 2 4 M 1 4 .: : , - ; 26 sc Travelers Insurance company W (& & 36.^ ./ ' 27 Sse Aetna Ccsuolty & Curety Company 1 4 d . i / ( ' ,;!; 28 Liberty riutual Insurance Company n 3* 4 . 7 ,- ' i 29 I t i s the Judjoent o f t h i s coasiinsion that l i a b ili i,,. 30 fo r the ror'icacn'fl coopensati on b e n efits heretofore avunJed herein V Iac roRH a? Mlln.li-il * ifM i s J should be In the proportion that the length of applicant1a employment . 2 , iby each of sold defendants or ita insured, uboroin ho waa closed to j j 3 ; an a a b c c to a ia h a se rd an d w as w ith in th o Ju r is d ic tio n . o f th is j 4 C o rsra issio n , b e a r s to th e t o t a l p e r io d o f e m p lo y m e n t w h e re in h o w a s j 5 Je x p o se d to a n s c fc c a to e ia h a E srd an d W as s u b je c t f c o t h a ju r is d ic t io n | 6 [o f t h is C o sssia o io n . 7 0 11 P E H S 8 IT 13 ICHE3Y ORDERED that tho liability for the woitoen'e 9 coapensation benefita heretofore awarded in the Fihdinsa and Award* 10 H i e d July 0* 1963* os amended November 9, 1965 end the 11 Supplemental Findings and Award for Medical Eeiwbursoaent filed 12 November 9 12&5, bo, and it hereby is* njjiltartiened aa follows j 13 Plant Rubber and Asbestos wofkal^! V. 34.503? 14 Industrial Indemnity c o & ty f y \ ^ 1 .75** 15 State Compensation TnswS3^*^und 14.035* 16 lho Travelers Ingymftoe cm;panor 36.55055 17 . The Aetna Casus&t7 Company 8.137* 18 Liberty irutual\Tu5}jjfeiice Company 4.371* 19 IT IS FURTHER OnnERED that Dutton Asbestos Company be* and 20 I t hereby is* dismissed as a party defendant herein. 21 22 23 (SEAL) 24 P ,85. 65 SRO 4243 Furta 86 ROBERT BALL, Referee INDUSTRIAL ACCIDil?? CCMHISSIOM 87 PILED id SERVED i. December 21, 1965 28 All parties served as shown on Official Address Record* 89 30 207 4HM4M #11 tftOU EEL FUBXA Bobbitt BALL r.e fe re o B eceaber 0 1565 1: Case to. 65 SRO ^ 13. " -Injury* June, K 3 7 , to Hoveube? 12 1964 r k p u r t o p r.EPEREE c:i suppiatswjiftji efiasa o f A ? ? v m z : r .i z : n Purctfnnt to V ia oral petition by dsfendent ^rr^olc-ra Ihsnranoo .Coiapcny for -sfi order apportioning liability herein, I -.caused to be aervod upon tlia parties -hereto on lovtrrr.ber 9, 156., h Halite of intention to Isauo iluppletiontal urier of Apportion- went. Ha o b j e c t i o n h ns b e e n r e c e iv e d w i t h i n th e a l l o t t e d M a e o r a t e l l . A ccordirvily, ib r tn e reasons cot. T orch i n th e p re - aa b la o f th e 'M otiao o r -in te n tio n an O rder o f A pporbloncont la b e in j loaned h erew ith . ROBERT BALL ep Before Attached are copies of a Stipulated Order Amending Findings and Award which we received for both Armstrong Cork and Armstrong'CSS. / UJH f j'/o, '7i***>- s r\ t.S-x+.'is' I 0 Iff' i'iO' ts^, 4 0 ,s' uU-r-cj-^^ ^ do--: < L o r r ^ ^ - ^ ^ L a N-- FORM 1501 Ptlnt.<fIn U.S.A. 1 i i r 'Ofui T32 XKKSThlAL;ACCICetfT CGifilSiJIGif 0 ? iiL;. .7?Aia OK C/JDIiOF/iiA i 2 CASE HO. & SiiO 4243 3 an. r a m , ) 4 Applicant, S 6 3Atj3kts, rn ra ' a m ss* L T i-^r/ ;;cs c^r-A:r*, fv -t : a id 7 '.'' k u , r,:!::: c.c-...rK-.r^T!V.i ririvjuiss 8 rwo,.Kurr-xu courtAC? ^ .OrUV.iri, ech s co:;?A^yf 9 Lie; !:v a v z v k :'. cl,:w n v , -t h e U-.T-iA UAr-LALTY *s j^ .T Y C0-:FA!IY, 10 as& sygs cv-*>*.', e.:-i cuD^GTiiiAi i;3AvGim* ecu?*;,7 , :i3Ttcr r-r T-GT.rrrT t o IS5US Cr.i'FT^UZrrhh.':i:SR OF A iW ZT liX Z W ft' n Defsnd&nca. 13 J 13. n Appcm ao th at jo in t a;vi-?? v.awsri'3 of ccfspaiisatlor. 14 Wive heretofore t w i Issued herol^<iv:iil;pt dafeitleat -blast Witter 15 tad Aabsstos Vferkn, Dutton ^ S S ^ C ^ p s n y , Industrial rnlr;nlty 16 Joe^eny, State COapen&atlon Hourohis Fuad, She Trawlers la&urant;.17 ioapany, Tlw Aetna CasuAV/tOi*k a,r\^S^-S^t/rety Co-apaay, and Idfeerty .'.utuiu 18 tsuuwmce cecspany; 19 THAT the fairest method of eppcrtlenJas liability asn?!tr, 20 Mae defendonto is on the basis of the length of ttsw wcrlccu by 31 pplieant for e&sb reopens!bio dofondant or Its insured; 23 'SHAT defendant Dutton Asbestos coopa-y Is not reopensiblo, 23 ipparently fco3n defunct (notices end process mailed to tnla e^spsix; 34 saving been returned by the poosuffice as unelslood at its last 25 swan address); and 26 THAT defendant State Compensation Insuranae fund Is not 27 sponsible for St swsntha of applicant's eoploywjnt, this period 28 laving been lh narltltae esployaont and therefore outside the juria- 29 [Jctloa of this Co-artsalcn, 30 iionci; IS a s m s orvnt- that the liability of the defendants IP | H -l* 186 1 rsSOKB TUS T'-^GSTKIL AtZttS e^M TSSTl ;P 5i STA332 OP CAUyXtti 2 CASE O. 63 ffiRO *2*0 s LSiL FURIA, ) I 4 Applicant,s i 5 -V- i 6 IVkUSflRf, EJnS* A HTUr. LT3O T T HUKIAL * i:CvriAi-w!E c ..:^a ;,i% rv,,rr t - a;)' i 7 e-:::rA/ * STriU;,A?D crr-rii ctiojs 8 V iT *\ A'.ff.i'JCJS COiir-f.vl* & a u T^ - s cifnr * >T.*>tH3 &7 AVAKD 9 ;*.!:. *::a V: \-.a ; a.t s a axtMYi a c '- ^ r r , Tin ce: ;*&? * 10 jsra>r *2CE3 :-3 C'j \?L't, nn t U 12 13 14 15 16 17 18 19 20 WCg 21 1 El rura, bora Avout 2*; 1911, filile enfle-yed sa 22 etbeots* iroytr la tha Atte or Califorala--by dfendent Vlvatt Vj r 23 and Asbeste*.Cais bccinnlng la J w w , 1937# 'tUrouft tal*r. !>.!; 24 v'j ^fendant buttas Arrestes '.Co&paay belaalr^ la ijovctsbcr, 1 .''1 , 25 through Sortit, lies by defendant (.'catean Aaboat* Cattpnni/ u-rinnt.v 26 In April, r>**;2, through February 9, ijAjj by defendant H o n t ruewer 27 end Asbestos Juries tejanlas la February,: 13^5 , through sthet, l.-J 28 by defonJOilta A lvot^iV ' CorU Cyr.rvaryy and Arc^-Str^A,; Cv'eitmet ": 1ir>.`1* 29 Cyivvaiiy tv;'tl?v*(l.i>'; vVt-ret* 1 ,aj1. thpouj'-l F'cbjtoir.'.. .. i .->'*- ;;- 30 by dsfcndonfc laldwla, Ehret u Sili tapinala.-: es>.V, V- n 1.297 10a I 1 2 3 4 5 6 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 25 ' 26 27 28 / 29 30 .310 4243 . FVHTA IA C FaM 29? Koveabcr IS 1964, sustained Injury, cons!stlrv; of sateoto o la, aricine out' of and la the course of his cuiplcyoent by each of tiv: above naic4 employe ra 2 , Defendant- Plant Kubbcr, and A sbestos Kories uja pexv.ls-- S l t l y se lf-in su r e d co t o uorknon'o ocoperuiaticn durlri;; a p p lica n t's ooploytaent by th at company. 3 . hsre is not admitted iiravtranbecovcre^e fur 4efotv>..j*. Dutton Asbestos Corpsny durj.113 lioveaber add DscoKber of 13^1, 4f. Defendant Industrial Indeondty Cocspcny vsa tha coespc-n- sation insurance carrier of defendant Dutton Asbestos conpaay 'or:tu n in g January 1 19'.2, throu^i Farch, 1 SK.2 . 5, Defendant State Cot^KinaatSof^Inayre;*;e fbtnd vse V.v.-- cocspeasatlon insurance carrier Of C~t:>o.iy UurJ::.: the period of applicant's etsploy^cijifcNt^' tlit1 company. 6 . Defendant The TreyeiH^^i'iiSiiranee ccesoany '-'as the . />'OF'T*;-- ---- -- =- Worte'a compensation InsaJirtiacef i t t e r of Araistra-y; . Ci '-.-^nrj and Arusiron extract/*>* j v ^ ^ ^ c o w psny hennaing 'm toter Xw, 1957* to and 1 ndudi3IAa *:*/ 1 . Ivu3. V* DsfeocSsnt-Kie^Aeb/ia Casualty it '.Surety.-Ccc..>a;ur wen tno ccopensatJca Insurance carrier of Artratron* Cora: Cote*;# ami Arraatronij Con&jhict,,fc*i-TfoJ_oply _Company beginning January 1, U end including Februar;/ 27, 1964. 8 . Defendant liberty Mutual Xaourance Company uas the ccapensatien insurance carrier of aisri,. liftrafe i Kill duriut; t:i_- poriod of applicant's eaplcyaont by that eeqpany. 9. 'hc Injury herein caused temporary total disability fcoglnnlns Hoveater 1 2 , 1964, to and including January S), I'X ? . 20. Applicant's earnings at tie* of injury were 1 1 * Said Injury caused perosneat disability of wli- 12 Applicant requires further ocdicel trest/wnt to cure -2- 191 1 or relieve frota the effects of tiw injury herein. 2 13. Defendantc failed to furnish w k IIcal treatment to cun 3 or relieve free* the offCeta of tha Injury after notice of w e d there 4 for. Medical coats of the reasonable value of $10o were necessarily 5 Incurred aivi pel4 toy the applicant. 6 14. $1 within claim I s not barjwl by the Statute of 7 Moltatluns. 8 15. oSiia Coexilcslon hna jurisdiction'of the wlWiia cl&la. 9 16. Defendants k oto not prejudiced throujjh any lack of 10 fclnely notice cf the lsijwy herein. 11 17. Applicant's attorneys, KcSeasle end Arsta, have 12 rendered cer/lcea herein of the reasonable Walue of $1,5G and have 13 advanced +39,25 as reasonable dlsburca^atPNin connection with the 14 uithln claim. 15 VV7 18 AWARD 13 MADS In fiivbr otffcol FUria esalnat defendants Finn 17 fubber and Afibesfcos h'oimflTxhtirntf^sbostoo coop&ay, industrial 18 Indemnity company* Stst^H^^/nsation insurance Fund, the Travelers 19 Insurance Company, the Aetna Casualty and Surety Caspeny, and 20 Liberty iiojrtial Insurance Coopany, jointly and severally, oft 21 \ S (a) 4740, as temporary disability Indemnity, payable forth 22 with; 23 (b) 1-52.50 a Keek, as permanent disability indemnity, 24 bcnlnntriij February 1, 1965, and continuing for 244 weeks, in tho 23 total oua of '$12,310, loss $1,269.25 to McKensle and Arotaj 26 (c) further medical trcntfscht to cure or relieve from the 27 effects of the injury herein; """.n<"r"""'"LIU' 1 ""'.1I""""'"L"" -- TM _ 28 / W ) iiOo, ea reluburaecent for tbs reasonable expense cf 29 self-.procured tacdiaal treatment; and 30 (e j Interest as provided by la. $ (S2W.) Rcasiw 13AXX., Referee 297 - IDbySiT.lAL / S cmt c o m es-tomi yimi> AUO hX-SODi 'Moywaoer 9 1965 & All parti* svrvod ac v^n oh official Address Record. ~3- 1 s a w s u is tK0037C|Ai, 'Accir.-j Ctceafssxoji op ra s sate-op CALt*-^-::!* 2 * CJLSS HO. 65 sr.o 42*3 3 DSL FtmiA, 4 3 -va- ) t Applicant, i J > 6 fcftfjxa'-T, U3s;rr & htu., Ltriuriv rKmiAL * ttBUSAi'SK CdrfWUiY,.?'A.rr ft i.K AUD : 7 .-:n, r a w s NOTTCF. OF H O T F T O W ?;> Cc.U'A.ft 8 ru:JD,- cc-:si;.;wattuh'7.v-;/i<A2CE * ISSUE ov?i>V. :;-VAi. 0:. .t'W i'A C T & 5b??LY . ! OF AlV^IwArli^ cvi Ai..^-rr,*}.c-us c - . x w .&,.' t 9 HCi HAvi.T-iJ'.a' His i a::.t :;/v c a s -jalti & siA-.rr/ c ^-U'a ;, i 10 KiOTOJ W ;* .' COMPA.'ff, and TliDvSSTRTALl IKDiwtrili* COii?Ai, . | 11 Defendants, 12 J 13 IT APFEAJ'JiiQ TSiAT j o in t And-^ve?sl\?tW srd3 o f compensation 14 j -- w have heretofore been issued he: a^ajnat defendants Flans ?'^.-.ocr 15 and Aaoectos Works, Dutton ipany, Industrial TndeftnJ ty 16 Company, State Ccrapenaatj^.n\ bind, Hie Travelers m a u r a ^ e 17 coepany, Hta Aetna CaaL^ity si vurety Cospany, and idS-ert;/ Hutual 18 Insurance company; ^ . : i. 19 THAT TiE fairest netted of apportioning U t i lity aw>n.; hvdc 20 defendants Is on-the basis of tan length of tin viorised by apiljcaa 21 for each responsible defendant or Its Insured; | 22 THAT defontlant Duttort Asbestos Connany Is not responsible, \ 23 apparently being defunct (notices and process eiai3sd to this' cv; .wa.iy 24 having teen returned by the poatoffice as uncisicced at Its last | 25 known address); end j 26 THAT defendant State Compensation Insurance fund is not | 27 responsible for 24 nonths of applicant1o employment, thin period j . .' I. 28 having toon In oarltliae cuployment and therefore outside the Juris 29 diction cf thl* coKsissioa. 30 NOTICE is s m u t GtVTM that til* liability of the defendants -1- EEL njTxIA B'OKTiT ball, Tiererea iinta r.csaj October 23* 1963 Casa i;o. C*5 SRO ^2'<3 Injury Juno, to Woventer lx*, 19'^ pr.KztT 0? rr.rests o k -n^Ta r a i&SKire. ' Attorney fer lerendnt SnOustrlal indeanity cossany stipulate! t h a t sald ooi.yMr.jf vitti toc neacent carri** ci' utton Aoneutes Ccispany fri- ianvary lf !>;!, thraur^i .\orca* 1<$2* ar.4 eoiy-ilatc.1 t th lr.closlon -pf industriai Xr.deailty Ctmpany sonc th do fondantsa^clnot wice a jeieit and pevera! &v.ard t;as iesued borein. The attorneys for the reepootlye p a r tie s ctlp u la ted be a sep o lo cental award o f -re lobureecnnc for the c.edieai erper.ee net rerta In ay Notice o f Intention* dated ceptes-ito** 10* 1V65* with 'tdo' adeptLon that the b i l l of iiaota ilosa i&Bori&i acepit& l la now $159. A pplicant's attorney cade a dcraantl upon tha attorney for refendant Travelers insurance Cocpany fo r pay-rent o f compensation pur suant to the jo in t and several avarcs. Attorney fo r Defendant Travelers wide on o r a l p e titio n for an order o f contribution. PISPCSrno?: ' Issue stip u la ted Awards aa s e t forth above) then tfco referee to losu* a 30Bay N otice o f in ten tion re Order o f oontribution. CHS RM2BT BALL Referee 1 EEFOiUi W XHKJCTRIAL ACCTSLKS CCCiitlSSIOil OP Tii STATE OP CAUr^.HIA 2 3 32EL rsirtA# 4 5 *va- CASS 0. 65 Applicant, \ k* ~v IS ' trs. '** tV'. 'jf-* rl \ $ .') ;v. V?.. t X S i ;f ,, t*> 6 W U B U T A , ISffdiT & HSLL, LTHFJKfT JWrtlAL I c c w a k e , h a s t rv3?.fR a b d . * 7 Asn;w-:-i3 w-;`..-oj, r e r a n i Auajuva i .KP9U'D SUPPL, COHVAiiT/, .STATI Cv;;FUSATI vi J.^URAKCS i x T-DXw<,/> A '.' 8 p'jiD, o w tract C'JKfA-'', A^TP-O-iJO COJiS CO;'*?/ :;y( t 'KSSZCAL irsi' 9 TJK i-.r-A\ r.wfcs xssyKAflCa rem at.jka tcvwrjr c s i fr-nawT, 10 T O A3Tj 'CCfPAHV ad j X A 'lA.L Xw^Am'ILitfflf ccti?A;r/, " .i 11 Defendants,; 12 13 14 (< y l 15 Defendants failed i furisijX 'itcol trcaV-isi to =nirc or IS re lie v o froa the e f f e c t s o f u W hare in after ee or ni-e<i 17 th erefor, iiteal coat ytoonable value of trere 18 n ecessa rily Incurred b j fcho V oltcant, payable r*s follow s! 19 To Bird Company 650.00 To Senta i.03a sxsarlel Hospital 15.?.00 ; 20 TO icOartiiy1 F.aar^acy ^0.50 j 21 A VA R V . / ! 22 AVAUD IS HADE In favor of Del Purls ^ainat defendants ! Plant Jobber and Asbestos Works, rutton Asbestos cerpany, industrial. 23 Indenni ty company, Stato Compensati on Insurance putti, The Travelers : 24 Inauratilo company, Zha Aetna Casualty and Surety Company, onl 25 | Liberty Situai Insurance Ca-psny, Jointly and severally, of relo- | 26 burtfcaaint for self-procured aedi cal treetnent, payable ss foilowej 27 j TO Idrd Coirpony CoO.OO 28 To Hants' .osaMemorisi Hospital ^.155.00 29 To HeCarUiy'a pnaruc7 ? *0.50 195 IAC FqM 67 I O |S4M (STJU.) Poaro.T d a l l , Referee M iao m i s r.s m :o , > ,c * b ,r 9 , e - P * 5 0 " 1 * " * c o t n ! ! s r e 'All pai'ties uerved u biusq an official Address liocord. 1 under the Jainfc and several awards herein trill b ^ '-Si^rtionrt as ~2 : foUcsttti 3 Plant Rubber and Asbeatoa Works { 59 oonthsj 34.503,V** 4 Industrial Indemnity Cocnsny 3 1.75W i I 5 State Cosjpensatlon insurance pund 2k 14.035;- i 6 Eva Traveler Insurance Company 2 36.550,. c** 7 Hie Aetna Casualty & surety Coapany I k 8.1S?,; I S 8 liberty Mutual insurance Company u A.971-: 9 Total ( 171 asont.l'm v ICO.C.>.> 10 : thirty (30) days after cervice hereof unless coed cause to the 11 contrary is shown In vrlttna within salt) ti&e. 12 13 14 15 16 17 18 % SUO' Furio 20 B-EPT BAIA, B e fe re e t-iDhoTHIAL ACCIBcHT C0*CiTS3T3?i SERVED: Woveabor 9, 15\ All parties served as shown on Official Address Escort, 21 22 23 24 . 25 26 27 28 29 3 1 A C F O * m 4 S ,7 4M!*-*"* * -2- 1 2 3 4 3 0 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 by .tfeXteiidant H itto a Asbestos Costp&ny b e^ln n ln G l a lov cu b er, IJ& lr | 2S Uuvuh iiorc fey 6fnant esteles Asbesto Cstmny u -4:l3 ; 26 In April 1^2 through February 9 19^5; fey defendant Plant i.'--ter 27 B!*dl A ste sto o V:orcs b e e la n in e I n F ebruary 13^5, th ro u g h Asibuo-, -u^ol 28 by d c ie r-la r.ta A ic c tro n s CoriE Company a n a A re s tro n C r n tr o ^ t it i* W ly 29 COfnpany t* e in n t;is O ctober l * 1357 F e b ru a ry 2 ? , 1 * * / *;V:1 30 by teFer.Oaiit B alO vln, I h r e t & 1 3 U bc,'lniloi5 iS ard i 2 1>; tU r'At'-!' 297 a Mi 1  : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SJtO F ffiIA IAC Fcntf 237 44l4.b4.9 |H *OS> November 12 , 196-', sustained injury conoiotins o f asbcrotoole, arising out o f and In ti ceurne o f h is .'plcysent b y coc* of tac aboverao^d eoplujers. j 2, Defendant Plant rutbtr anti Asbestos Tories vao pcrv.i'j- j 1 altoly Edil1- Insured as to worJosan'a ccrapenost l on during applicani'u- ! eaplo^ucnt by that company. 3 , Ulero i s not daitted insurance coverss:re for defend,-.n Dutton Asbesto* Company during oveabor and .Dspsaber o f l ^ l . . 4 , -Defendant-'Industr ia l Indemnity company, wsa the corps:n cation .insurance- carrier of .defendant' Sutton Asbestos cewipangr bi.*~ir.J nins j 6J-4Uif.ry1 , 15t2, through rare*, | D Defendant StateCoapcna&tlc-j^ilnsumncc Fund was the j eoteper-satloa Insurance w m e r of VMjsnw jabate Cottpaoy -during the period of applicant's cwryicyyrn-^ t h w esepany. 6 . jefenoanfe His iVfVlbfs^ui*aieo Company uaa the worlawn's cstapenoation 1nsi/^noa\c^sMor o f Amstronc Corte Cospany end Axtiatrons c o n t r a c t k^^/Cffipany beginning October 16 1957 to end insludir^vWuy/hf 1, 1>63* 7* Defendant TAetrui Casualty ft Surety Ccrapaay as the cofopenstitlon insurance carrier of Artsstroas Corle company and Aswstrons contract and Supply Company beginning January 1, 1 - tC S , t awl including ftebruasy 27 1>34, 8, Defendant lib e r ty Hutual Insurance Coaspany as the eocipcnnatlon Insurance carrier o f Baldwin, Ehret & 12.11 during the period of applicant's eaployscnt by that company. 3* Hie Injury herein caused temporary total disability beginning Jovtsater 12 1964* to end including January 4, 13&. 10, Applicant's arninsa a t tic o f Injury vero uaxl&tua. ' 11. Said injury causad permanent d isa b ility o f 6l . 12. Applicant requires further asedie! treatment to euro -2 - 1 or relieve fro?a the effect c.f the Injury herein. i 2 13 CefeiuUmfc'h failed to furnish tiodlcal treatment to c u w i 3 or relieve froo tho erfecta of the Injury after notice of need the rot 4 for. ifcrsllcal eootfl of the reasonable value of ^LOo were necoasciili.;i 5 Incurred and paid by the applicant. ! 6 1A. ihe K lthln c ia ia l a not ta rr e d by the statute of | 7 Limitations. 8 15 Ihla Cotalsalon hs Jurisdiction of the within-elale. 9 '1.6. iwfndante were not prejudiced throu^ uny leek of IO ttnely notice of the injury herein. u 17. Applicant's attorneys, i'Sci^naie and Arcata, hnvo 12 rendered services herein of the reasonatIn1.vieii c-f 41.250 ahi <- 13 advanced 432.25 as reasonable dlotursrrs^i^s^n nonusellou with * 14 within olaia. IS \z* 16 AVAXD 13 HAffiS la fdibr ot bel forts esalasi dcieadsnts 2*1^4 17 Jobber Asbesti WJ^^Ilitiux^Astestcss Cotsiisay, Industrial 18 Iftdtffcnlty coepuhy, Stat^c^o^nsation Insurance funi Hie Tru e ic t-s . 19 Insurance Conpeny, It Aetna casualty ftfil Safety Cospeny, and . 2Q liberty ibitaal insurance Coopcay, Jointly end severally, of: 21 (a) 47to, as t&aporsry disability inde:snlty, payable forth 22 with; 23 (b) 452.50 a ectic, as poroanent disability indemnity, 24 hesitating February 1, 1565, find continuing for Znb weexs, in the 25 total sto of 4l2,,iilC. X33 41,233.25 to heiicnsio and Arata 1 26 () further nodical treatnent to curo or relieve frena tiw 27 effects of the injury heroin; 28 {d) ylOG, as m l pbuTBbExmt for tho reasonable expense of 29 aelf-proourcd taedlcal treatraohtj and 30 () Interest as provided by law. . 3 (5IA) ncai-r? f a l l Fcfcm* i197 XKCurcMJU.' Ad--ii.J;f'Cp:-fir;V';T .*:i FTT*`.;D A!D C131VM1 Jiovcrsber J , X3$5 3K^ All parties served as shown ou Official Addiose *leeord. ROEERT BALL, Referee Santa Rosa, October 28, 1965 DEL FURIA .. Case No. 65 SRO 4243 Injury: June, 1935* to November 12, 1964 REPORT OF REFEREE ON FURTHER HEARING' Attorney for Defendant Industrial indemnity Company stipulated that said company was the insurance carrier of Dutton Asbestos Company from January 1, 1942, through March, 1942, and stipu lated to the.inclusion of Industrial Indemnity Company among the defendants against whom a joint and several award was issued herein. The attorneys for the respective parties stipulated to a supple mental award of reimbursement for the. medical expense set forth in my.Notice of Intention, dated September 10, 1965 with.the exception that the bill of Santa Rsa Memorial Hospital is now $159. . Applicants attorney made a demand upon the attorney for Defend ant Travelers Insurance company for payment of compensation pur suant to the Joint and several awards. Attorney for Defendant Travelers made an oral petition for an order of contribution. DISPOSITION: Issue Stipulated Awards as set forth .bove; then the referee to issue a 30-Day Notice of Intention re Order of Contribution, CW8 4 ROBERT BALL Referee 1 200 1 s a m v m lio a a u i. accdeit c o h sissx o o f fit -ttath g;-1 2 - CA&S UO. G5 SSS5 *2^3 3 m i FCRIA* > 4 A pplfc& nt, 5 e BMWTl. *?CTL & S t t L , L IS S d Y 2-sUXL cvtfa sk * lirait. ta:o 7 . 4.i*la*$ .Wv"1- *f rri-oT..! .3 /wv.S^rwS c ^ A iflf, s w i ; i t i n r z x & M ;ataCE 8 K ;:a , iioXjw ;;u caramel* : o'Jifrue c ./'- co-"?a:;y , .STIPTATED SU?'V J 'J-VTA. w r j m a t i t:& .h *..< *..:. MLPICAL JoeawKffiKL-iT 9 v u : X3^vv.v.r:i c ^,?a ;, ras . CiiA CiJ-L.OA t l\T ,T C^-a'A;.i 10 i^rcw /aa^TJS ca-yA.fi and iiiiAzan-iiAi. i,jaarn7 (-..a w . 11 &Tengnt&. 12 13 14 Xtefeiuianto fai lcd to cal trcataent to cure or. 15 reliew j fro s tiic e ffe c te of ivsrcU efte-p not'eo of r* ie tiaie.f*. n i t z & l valu of tore 17 n e c c a a a r i ly i ^ u r r e d b, Citnt, payable as Toiles-.'t 18 b is __ .00 19 20 Senta Koaa .a-aorlal Koepdtal .00 X> KcCarthy's iiaraacy .50 20 Ay AH P 21 AV&SP 13 KACS l a fa v e r c i p s i Fura a sa in o t dsit-reierita 22 F ient Eabber and Aabeatoa yarka Dutton Asbestoa company Tnduatpini; 23 iaanty CccsTsany State CCEspen&aton Inaaranc Funsl, Tne TW/elcry i 24 nsuranca Casiany Sfce Aetna caau&lt? and Surety Ccopcny, and 25 Liberty Ritual nsuranco Company Jolntty ar.il eevemlly* of rcia- 26 bureof&snt for self-procure mdical treatoent payaOla as roll&ua: i 27 a ird Corapsny 550.00 28 a .or.ta r.osa iftncrsl ifeapifcal 10 Mscartny'n ^uwaey ^10 3 .0 0 . 29 lp (SEAL) HOJRr-riALL teferee I JPSIKIA. a c c aJW C:i&WS3I0M 20T *rirD Aim .a.XTPt iOwsiiLier 9* 1 >55 Ail iuutea ecrvotl aa oa wrjcial Addreoa Jiscsord. 1 unier the J c in t and caverai awards h erein v*lll portioned as 8 follow* 'X % y e ^ ` ^ - 3 Plant fibber end Astestcs Varies ( 59 onths) 3 45* 4 Industrial itjdcwaity Company 3 m 1 .7 5 ^ 5 Stato Compensation Insurance Fund 24 n 6 *Sw 'Trevolora Insurance Caspaay 62* 36.55C^ 7 7^13 Astna Casualty Ss {Surety company 14 ** S.lu",.- 8 Liborty Mutual Insurance Cccpeny ' *} V ! 4,971;/ 9 Total ( r n rv&ntiia) ioo. ox; 10 i OOd cause to the 11 contrary la shown in writing within s a ia tirso. IS 13 14 15 le FOUERT TALI/ TvCferce iriDUSTIlAI, ACCHS3T CCCHISSIOH 17 18 SERVED*. fiovoshor 9 1aP5, 19 A ll p a r tie s served a s shewn on O ffic ia l Addrcca Becord. SO SI ss S3 S4 S5 se S7 28 39 30 102 f BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA PANEL ONE Applicant, BALDWIN, EHRET k HILL, LIBERTY MUTUAL INSURANCE COMPANY, PLANT RUBBER & ASBESTOS WORKS, WESTERN ASBESTCS^COMPANY, STATS . COMPENSATION INSURANCE FUND; ARMSTRONG I CONTRACT & SUPPLY COMPANY, ARMSTRONG COR COMPANY, THE TRAVELERS INSURANCE COMPANY,1 THE AETNA CASUALTY k SURETY COMPANY> I DUTTON ASBESTOS COMPANY, AND INDUSTRIAL j INDEMNITY COMPANY, Defendants. I C ete N o. 65 SRO 4243 ORDER DENYING RECONSIDERATION The Commission, having reviewed the record, the contentions raised by the Petition for Reconsideration filed herein, and the Report of the Trial- Referee on said Petition, which we adopt and incorporate herein, finds that there is no merit to the Petition for Reconsideration herein, and accordingly, IT IS ORDERED that said Petition for Reconsideration be, and it is hereby DENIED. -INDUSTRIAL ACCIDENT COMMISSION John A, O'Connell D A T E D ATs Sen Frane lato, California SEmus OCT 7 I9S5H s A ll p artie nore-^l ns ::r.uua on Official Andrejo Kooord 'A, G. Boarcaun Commisiontn " 203 BEFORE TIE INDUSTRIAL ACCIDENT COMMISSION 6P- THE STATE OF CALIFORNIA BEL FURIA, .) I Applicant,: CASE NO. 65 SRO 42^-3 t -VS- 1 a BALDWIN, ERRET & HILL, LIBERTY * MUTUAL INSURANCE. COMPANY, PLANT t BUESER & ASBESTOS UOIUE, IESTERN ASBESTOS COMPANY, STATE COMPENSATION : REPORT AND RECC!2.ffiNDATI0N OH INSURANCE FUND, ATulSTEONG CONTRACT & j . PETITION FOR RECONSIDERATION SUPPLY COMPANY, ARMSTRONG CORK j COMPANY, THE TRAVELERS INSURANCE J COMPANY, TiiS AETNA CASUALTY & SURETY J COMPANY, DUTTON ASBESTOS'COMPANY, i and INDUSTRIAL INDEMNITY COMPANY, t t Defendants.: ____________________ _________ ) . Defendants Western Asbestos Company and State Compensation Insurance Fund petition for reconsideration of my Findings and Award filed July SO, 1965, wherein it was found that applicant sustained Injury, consisting of ashestosio, arising out of and in the course of employment by several employers, (including Western Asbestos Company) over a period of several years. In the first place, it appears that the petition Is untimely having been received and filed by this Commission on August 12, 1965 twenty-three days after the date of service of the Findings and Award. (Labor Code, sections 5900(a), 5903i Code of Civ, Pros,, section 1013). Considering the petition on its merits, also, I believe that It should be denied. Petitioners contend (l) that all of applicant's employment by Western Asbestos Company was within Admiralty jurisdiction and therefore outside the jurisdiction of this commission, and (2) that applicant*3 exposure in his work for Western Asbestos Company was to cork, not asbestos. Applicant testified that in his work for Western Asbestos Company he spent about two years working on the construction of new Ships and spent the remainder of the time in working on the repair of existing ships. As to the latter, the parties apparently agree BASE WO. 65 SRO 4243 -2- EEL FURIA that this was within Admiralty Jurisdiction rather than within the jurisdiction of this Commission, The parties disagree# however, as to whether applicant's work on the construction of new ships was exclusively within Admiralty Jurisdiction. Petitioners contend that the recent case of Calbeek v. Travelers ins, Co., 370W.S, 114 (27 Cal.CompCases 204) reverses earlier decisions and establishes that this Commission has. no Jurisdiction In such natters. I must disagree. The Calbeek decisin does not expressly overrule such earlier decisions as Baskin v. Industrial Acc. Con., 333 U.S. 354 (14 Cal.Comp.Cases 139) and 340 U.S. 336 (16 Cal.poop,cases 15), nor does it expressly repudiate the "twilight zone"' doctrine. Subse quent decisions of lower Federal courts have held that the "twilight zone" still exists. (Holland v. Harrison Bros., 306 Fed. 2d 369; Bathern v. Superior Oil Company, 207 Fed, Suppl. 591,553) Larson in his work on Workmen's Compensation shares this view, In my opinion, in the absence of clear Judicial authority repudiating the "twilight zone" and the concurrent Jurisdiction of Admiralty and a state's workmen's compensation act, this Commission should assume jurisdiction pursuant to such earlier decisions as Babkin v. Industrial Acc. Con., supra, at lea3t in a.case such as the instant one where the Federal Deputy commissioner has not already -assumed Jurisdiction, Petitioners' further argument that the evidence precludes a finding that applicant's work for Western Asbestos Company contri buted to his asbestosis, is also without merit. Applicant testified that in his work for Western Asbestos Company he handled the "same ^materials" (i.e., asbestos powders and blocks) as well as handling considerable cork. Later he testified that in his work on new ships for Western Asbestos Company he handled "mostly" cork. This evidence establishes that applicant had sane exposure to; asbestos while work ing for Western Asbestos company. The extent to which this exposure, CASE NO. 65 SRO **2^3 "3* EEL FURIA a contrasted with his exposure to cork duet, contributed to hia aabeatosis la a matter which should be litigated in a supplemental apportionment proceeding. IffiCOKHENPATION; Deny defendants1 petition for Reconsideration. ROBERT BALL, Referee Attached is Notice of Intention to issue Supplemental Award, one issued to '.Armstrong Cork Company and Armstrong Contracting and Supply Corporation, ara FORM 1501 Print*i in U.S,A. % * i - ` ''*s4fc ' l. 0 - 207 INDUSTRIAL ACCIDENT COMMISSION STATE OF CALIFORNIA csz, pimi* Case Now- 5 l5 B S L Applicant V. sawer-a fini., vrfivrrt hu to a l \ 1#*:* ccsTA'ijf* f l a m y r-jn/mt * t w & s o a wags, *i.rmsi x '.-q -jgs c?a u , s?At k Cii-IP^ATTvN T:;?0ivK ttftO, /.r^?F<-'S c o m act & n i r T .'t c'.r'.PA;-r/, atormi cesroe 'COli'Airs' TiSS T?AvTXJt3i3.li^CTiA'lCS COKFAiiY*-712: .A*S5?>w&?C0ASUCAOiLr?o*nTU,SAif;p0v rrttfCRt^tAftfTAfIt. iKJEtftf , Otfendant a l^tgy_co-if-A:w,.- NOTICE OF INTENTION TO 1S3U 2 SUFPLEML'ffAL A^AKU ErtKPPEAE.I^rmAT'i HrfTTCE S HK?45EY ttZTEM that . suppliffiwRtel ware in fav&r of applicant esainat defendants Plant Rubber & Asbaatea orlcs, Sutton Asbeatoa company, State coapenaattoa insurance Fund, The Aetna Casualty h Surety Companys and liberty Kutual Insurance octapany. Jointly NOTICE'ISrHEREBY.GIVENCilt'' and severally*.of $533.10* sa reJiscursecnt for aelf-procured ta&iie&l treatment* payable es follows* to Bird Ccmpaisy to Santo hoaa yiensorlal Hospital to *ccartny*a iaroacy $*>30.00 I1 3 5 .0O ao,3G* will be Issued tttrty (SOcJays after service hereof unless Good Cause to the contrary is shown in writing within said time . .&3&Kt BALL D*" September 10* 1963 All parties served as shown on Officiel Address Record* 9 208 ,v INDUSTRIAL ACCIDENT COMMISSION ; STATE OF CALIFORNIA s l m i* . l Casa No.,,._^ & vs. Applicant i B A Lvrs, --sasas & aru lt^ t ra rm . ' TMSWtASCS C;PA7i, FLAST htfcSfa * ASSESTO KCRX3, KSiTSF- /^f^TU S- CvVSAhT* SSMSi T:^'X*'Ai(C.H VrfD, Aiv^PO? CO??nJiCT & SUPPLY t W A N Y , AF'SJWW' CCMC' C-O-^AY T:t TSUKfEUs-3 TtfM/SAUCS COKFA*# VIS. AETXA CKtAtTir SJSTY C & ftft SUTRSf . , ASSi::--T03 COf'PAJft, A.'? T35X57L.UL Refendant a KDKMr^rTY Cty-VASY______________________ NOTICE OF INTENTION TO t ss eupprKiSiJTAL avat m^HEiRIRGTTHAT.X JiOTOCS T3 HPRESY CIVEil that a suppleesental ftK&rd in favor ef epDiiaant esainst tfifendants PZsnt pu!>brr b Asbestos storks, Button Asbestos cospany, Stato CGspeasatd on Insurance Funi* aIvo Aetna Casualty ie Sartfey Company and liberty Mutual Inaurai# Cotspany jointly M33!IiCErJSrHEREET,EtVINrtii3t*T snd severally of $23.10* a relebuTwacnt for self-procured Ksdlcia tpestaent* payable as foliot .to- tir& company to-Barits hcaa ttcsswial Jsocplt&l to ffeCortiv'* ittaiijwi/ ^SO.OO . 13^.60 i to,*# ill bo issued H ir ty {3ftlajrs after service hereof unless Good Cause to the contrary is shown in writing Within aid time . r-ossre BAH. B w September 10 1965 All parties served as tftsm on Official Address Record. J 209 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF TH E STATE OF CALIFORNIA BEL FURIA C ase N o. 65 SRO 42lJ3 Applicant vs. BALDWIN, EHRET & HILL, LIBERTY MUTUAL INSURANCE COMPANY, PLANT RUBBER AND ASBESTOS WORKS, WESTERN ASBESTOS COMPANY, STATE COMPENSATION INSURANCE FUND, ARMSTRONG CONTRACT AND- SUPPLY COMPANY, ARMSTRONG CORK COMPANY, THE TRAVELERS INSURANCE COMPANY, and THE AETNA CASUALTY AND SURETY COMPANY, and DUTTON ASBESTOS COMPANY, . , , Defendant^ Order Extending Time on Petition for Reconsideration Good Cause Appearing Therefor, IT IS ORDERED That the time for making decision on the defendants ' Petition for Reconsideration be, and is hereby, extended thirty days from a n d after September 11, 1965, I ndustrial Accident Commission o p t h e State of C alifornia Dated e t San Francisco, C alifornia QOKEJ MAILED TO H bhto UG 23 1965 All parties served os shown oa Official Address Record. 210 * ' INTfftf f O f f i ' e f COMMUNICATION To Lancaster from Subject a < L. Stokely, San Francisco Industrial Accident Coisaission State of California Case 65 SRO U2U3 Del Furia August 5, 1965 A /* ' Attached are two copies of "Order Joining Party Defendant" on the subject case received today. DJH 1 % * t * I t 211 O. Before the Industrial A ccident Commission o f the State o f California DEL FURTA, Case No. 65 siiO 42^3 Applicant vs. BALDWIN, EHRET St HILL, LIBERTY MUTUAL IIISUR- > ANCE COMPANY, PfAiiT LUEE1ER & ASEE3T0S VWO_K_K_D_, ' VESTS* ASOESTCS.COMPANY, STATS COMPENSATION INSURANCE KK5>j ATMSTF.jSO C357EACT & SUPPLY. c o m p a n y , Ar m s t r o n g c o r ;c coMPArf, sr:t r a v e l e r s INSURANCE COSPAiW, T3-ASTUA CASUALTY,.&SURE TY COMPANY, DUTTON ADBESfCS COMPANY, Defendants ANO INDUSTRIAL iNDEDITY COMPANY, Order Joining Party D efen d ant Good Cause Appearing Therefor: rr IS HEREBY ORDERED THAT i:V3TRIAL IliDENiilTY COMPANY be joined as 3party defendant in the above entitled cause. (SEAL) TiCBEDT RITi.fTtu.Lt IN DU STRIA L A C C ID E N T COMMISSION FILED AND SERVED: Auuat 4, 195 All parties served as shown on Official Address Record, and Industrial Indemnity Company, 350 Mcatecmery Street, Can Francisco P 711 Before th e Industrial A ccident Commission of the State of California pgr, kukia. Case N o. 5 3 ^ 3 42^3 Applicant BM JASTH, E I C T f c J iL L , LTDETY MUTUAL THSUR* AiiCK cia?/;nr, -pla.'{T i/visaai'& -asbesxj3 'wlrss, WESTER ASfcSSTOS CCTPiW T. .STATS C S F K IS A T IO il IR S v ilM C E F 'J.VD, Aii-13iiJ0 CQHfflAC* SU ?U t c o k p a n i, ju c s e w s o c o iJ i c a '? A :, B is b a a -se e s XKSUKAKCE COi'JfAd, T;tS Ai..iA CASUALTY &. MdLiT C a * 'A > rf, BUSTy ASbESTOS O TSift, Defendants A!tD IitDUSTiilAL liiDftM HtT COHPAltf, O rder Joining Party D efendant Good Cause Appearing Therefor: T IS HEREBY ORDERED THAT jysgsiXL KDEKiiTy CKiPAiY -Bejoinedasapartydefendant in the aboveentitled cause. (SE A L}' ------------ ------------------------------ ;-- :-------- INDUSTRIAL ACCIDENT COMMISSION. FILED At SERVED: August A, 1J65 All parties served aa ehewn on Official Address Record, and Industrial Indemnity Coapany, 350 Hoatgoocry Street San tranclaco POM4 4*fcv. ! 213 ' 4MM>49 *** $ p. Attached are tvo copies of findings and award on the claim for asbestosis submitted by Del Furia. You will note that an award has been made to Del, this being the first award made, to my knowledge, in northern California In the last five years. DJH FORM 1501 pTlnt*J In U.! % V . f 214 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA. 2 CASE NO. 65 SRO 4243 3 DEL FURIA, \ ) 4 Applicant, 6 -va- 6 BALDWIN, EHRET & HILL, LIBERTY MUTUAL INSURANCE COMPANY,'PLANT 7 RUBBER. AND ASBESTOS WORKS,.WESTERN ' ASBESTOS COMPANY, STATE COMPENSATION 8 ;INSURANCE FUND, ARMSTRONG CONTRACT AND SUPPLY COMPANY, ARMSTRONG CORK 9 COMPANY,- THE TRAVELERS INSURANCE (COMPANY, and THE AETNA CASUALTY AND 10 SURETY COMPANY, AND DUTTON ASBESTOS COMPANY, 11 Defendants ** 13 J FINDINGS AND AWARD 13 FINDINGS OF FACT. 14 1. Del Furia, born August 24, 1911, while employed as 1 3 asbestos worker in the state of California by defendant plant Rubber 16 and Asbestos Works beginning in June, 1937, through October, 1941; 17 by defendant Dutton Asbestos Company beginning In. November, 1941, 18 through March, 1942; by defendant Western Asbestos Company beginning 15 in April, 1942, through February 9, 1945; by defendant Plant Rubber : 20 and Asbestos Works beginning in February, 19^5* through August, 19^5; 31 by. defendants Armstrong Cork. Company and Armstrong Contract & Supply | 22 Company beginning October 16, 1957, through February 27, 1964, and 23 by defendant Baldwin, Ehret & Hill beginning March 2, 1964, through 3 4 November 12, 1964, sustained injury, consisting of asbestosls, 3 5 arising out of and in the course of his employment by each of the 36 above named employers. 27 2. Defendant Plant Rubber and Asbestos Works was permis 38 sibly self-insured as to worlcnen's compensation during applicant's 39 employment by that company. 30 3. There is no admitted insurance coverage for defendant FOMi 999 1- 215 1 Dutton Asbestos Company. 2 4. Defendant State Compensation Insurance Fund was the . 3 compensation insurancecarrier of Western Asbestos Company during 4 the period of applicant's employment by that company. e 5* Defendant Travelers Insurance Company was the workmen's 6 compensation Insurance carrier of Armstrong Cork Company and 7 Armstrong Contract and Supply Company beginning October l6, 1957, 8 to and Including January 1, 1963^ 9 6. Defendant Aetna Casualty & Surety Company was the -10 compensation Insurance carrier of Armstrong Cork Company and 11 Armstrong Contract and Supply Company beginning January 1, 1963* t0 > 12 and Including February 27* 1964, ! 13 7 Defendant Liberty Mutual Insurance Company was the 14 compensation insurance carrier.of Baldwin, Ehret & Hill during the 15 period of applicant's employment by that company. 16 8. The Injury herein caused temporary total disability 17 beginning November 12, 1964, to and including January 24, 1.965. 18 9. Applicant's earnings at time of Injury were maximum. 19 10. Said Injury caused permanent disability of 6l%, 20 11. Applicant requires further medical treatment to cure or 21 relieve from the effects of the injury herein. 22 .12. Defendants failed to furnish medical treatment to cure 23 or relieve from the effects of the injury after notice of need there 24 for. Medical costs of the reasonable value of $106 were necessarily incurred and paid by the applicant. 26 1 3 . The within claim is not barred by the Statute of 27 Limitations. 28 14. This Commission has jurisdiction of the within claim, 29 15. Defendants were not prejudiced through any lack of 30 timely notice of the Injury herein. WFaH*W1-9M9H9f 2- 49 216 1 16. Applicant's attorneys* McKenzie and Arats, have 2 rendered services herein of the reasonable value of $1,250 and have 3 advanced $39.25 as reasonable disbursements in connection with the 4 within claim. S AWARD 6 AWARD IS MADE In favor of Del Furia against defendants Plant 7 Rubber and Asbestos Works, Dutton Asbestos Company, State Compensator 8 insurance Fund, The Travelers Insurance .Company, The Aetna Casualty 9 and Surety Company, and liberty Mutual Insurance Company, Jointly and 10 severally, of: 11 (a) $740, as temporary disability indemnity, payable forth IS with; 13 .(b) $52.50 a week, as permanent disability indemnity, 14 beginning February 1, 1965, and continuing for 244 weeks, in the 15 total sum of $12,810, less $1,289.25 to McKenzie and Arata; 16 (c) further medical treatment to cure or relieve from the 17 effects of the injury herein; 18 (d) $106, as reimbursement for the reasonable expense of 19 self-procured medical treatment; and SO (e) interest as provided by law. 21 0 R D E R 22 I T IS ORDERED that Dutton Asbestos Company be, and It 23 hereby is, Joined as a party defendant herein. j 24 25 26 27 28 IRONBDEURSTTRBIAALLL,ACRCeIfDeErNeTe COMMISSION 29 FILED AND SERVED: JUL ? Q i9 ^ All parties served as shown on Official Address Record. iw . -3" . 217 I ' * .' l. . ROBERT BALL, Referee July 15, 1965 DEL FURIA Case No. 65 SRO 4243 Injury: June, 1935, to November 12, 1964 r e p o r t o p "1r e f e r e e o n d e c i s i o n Applicant' 3 testimony, together with, the reports of Dr. Thurlow and Dr, Hinshaw, establishes that applicant sustained Injury to his lungs, consisting of asbes.tosls, arising out of and In the course of employment by defendants Plant Rubber and Asbestos Works, Dutton Asbestos Company,, Western Asbestos Company, Armstrong Cork Company, Armstrong Contract and Supply. Company, and Baldwin, Ehret & Hill, (industrial Indem, Exch. v. Industrial Acc, Com. and Alatorre, 87 Cal. ''App. 2d 465 ,(13 Cal. Comp. Cases 220); Globe Indem, Co. v. Industrial Ace. Com. and .Trembath, 125 Cal. App. 2d 656 (19 Cl. Comp. Cases 132) the fact that a portion of applicant's exposure in some of the above mentioned employments may have been outside the Juris diction, of .this Commission is something to be considered in supplemental apportionment proceedings; the applicant is entitled to a joint and several award against the above mention ed employers for the full benefits payable-under the California Workmen's Compensation Act (Labor Code, section 5500*5;. Colonial Ins. Co. v. Industrial Acc. Com. and Pedroza, 29 Cal.' 2d-79 " (11 Cal. Cbmp. Cases 226, 2:43); Acme Pattern & Foundry Co. v. Industrial Acc. Com., 17 Cal. Comp. Cases 1Q; State of California, Sub, Inj. Fund v. Industrial Acc. Com. and Walters, 48 Cal. 2d, 365 (22 Cal. Comp. Gases 100, 17); also see State of California,' Sub. Inj. Fund v. Industrial Adi. .Com. and Koski, 175 Cal. App. 2d 674 (24. Cal. Comp, cases 279)) "Sines returning to work on January 25, 1965, applicant's earnings have exceeded $108 a week. Therefore, there 1s no compensable temporary partial disability; Dr. Hinshaw'a report indicates that applicant's condition Is static. Dr. Thurlow anticipates a progressive worsening. Even adopting the latter opinion, I must conclude that applicant's condition is permanent and stationary, (industrial Indem, Exch. v. Industrial Acc. Com. and Riccard!, 90.Cal. App. 2d 99 (14 Cal. Comp. Cases 25)) ROBERT BALL Referee DEL FURIA ROBERT BALL, Referee , . Santa Rosa Hay 4, 1965 Case Ko. 63 SRO 42*3 InJury 1 Juno, 193:?> to November 12 1964 REPORT 0? REFEREE 0?? COKTIKUED HEARING In accordance with the information in CoiamiEsion's Exhibit 1, it vats ordered that the application herein be deemed amended so s b to allege October 16, 1957 as the date of the commence ment of employment by defendant Armstrong Cork Company. Applicant exhibited W-2 Forms showing the relieving earnings Armstrong Contracting and Supply Corporation (1561) $9*070.28 Armstrong contracting and Supply Corporation (19?2)............. .................... .9,655.64 Armstrong contracting and Supply Corporation {1963} *....... 10,796.52 Armstrong Contracting and Supply Corporation (1964)...... ......... ;............. 2,064.56 Baldwin* Ehret ij Hill (1964)..,...*........ 7,903*30 Attorney for Defendant State Fund requested that its stipulation as to applicant's employment by Western Asbestos Company be amended to cover only from tne first quarter of 1942 until tne first quarter of 1945. Tne request was granted. Applicant's attorney and some or the defendants* attorneys pointed but that the Social Security records furnish a rough uioe to applicant's past employment, but that the figures contained therein are rot very accurate. For instance, the earnings Known from Arm strong contracting and Supply Corporation do not correspond witn those shown on the above W-2 Forms, Applicant* attorney stated that his firm has expended $39.25 for the Social Security information. Applicant's attorney stated that Blue CroBS has paid much of the medical expenses herein, tut that there are several unpaid medical bills* and applicant himself has paid several otners. APPLICANT testified substantially as followst : He was b o m August Is now working asbestos foreman for Defendant Baldwin, Ehret & Hill, Ills first employment In the asbestos.Industry was witn Plant Rubber and Asbestos Works about Jure, 1937, as an asteotos helper." He worked for this firm until about October or boveraber, 1941, going to work immediately thereafter for Defendant western Asbestos Company as a working asbestos foreman. He worked for this employer until about February, 1945 then returning to Plant Rubber and Asbestos Works as a working foreman for about six months. For the next several years he had ho cor.taat with asbestos. In October, 1957, he went to work for Armstrong Cork Company as a working foreman. Worked for this company until February, 1964. FUJllA - fcay 4, 1965 *3- Caso Ho, C5 SRO 4243 Began working for Baldwin, Ehret & Hill on Harcb 2, 1964, as a foreman. In his work for Plant Rubber and Asbestos Works between 1937 ana 1941 ho would prepare materials and mixtures and would cut blocks* He worked with dry pbwcors. containing oacnesia and asbestos fiber, adding water to those pawners* thin, mixing caused the particular area to be very dusty. Witness would also use a handsaw or power saw to cut blocks, would wire these onto the exteriors of vessels* and then would hammer the wires tight against the blocks. This activity created considerable dust, particularly if he were work ing in a closed area* Ihe work was so dusty as to require him to use a cask over his nose and mouth.7?a to. eO# of the time, be worked on construction, boilers, furnaces* ducts, and air con ditioners. About 90A of the work was performed in close quarters, O.g., In a boiler room with no outside ventilation. His work for Plant Rubber and Asbestos Works was steady, five days a week, 40 hours a week. Witness did very little work on ships for this employer, and such work tnat he did was repair work upon completed vessels. He was smoking about one pack of cigarettes a day at this time. Quit smoking in 1945 or 1946, resuming it about three years ago. Then.smoked off and on until October, 1964, when he again quit smoking. Had no medical or physical problems, especially with his lungs, while working for Plant Rubber and Asbestos works. Bis work for Western Asbestos.Company was generally the name as that which he did for Plant Rubber and Asbestos Works. He handled the same aiaterials, but also handled considerable cork. The lat ter material was dusty only when being cut. Witness would cut it with a power saw in the shop, wearing a mask at this tine, he . would work in the shop or at Job sites. Would work on buildings and on ships. Had no lung difficulties while working for Western Asbestos Com pany. It was steady work, five days a week. His work in 1945 for plant Rubber and Asbestos Works was mostly repair work on destroyers cr other ships at Moore Drydock Company, He handled asbestos materials and cut them, creating dust, V'ore a mask 75ii of the time. Would work on shipboard. Had no difficulty with his lungs during this work. For the next several years he worked successively as a liquor dis tributor, coffee salesman, and then car salesman* When he went to work f o r Armstrong in O ctober, 1957, he handled th e came m a te r ia ls a s in h is p reviou s Jobs and a ls o handled f i b e r g l a s s . N inety per cen t o f his work was inside b u ild lr^ E . The fiberglass was cut with a knife, creating a very fine dust. It would then be wired into place, usually In attics Viltneas would have to wear a mask or it would cause him to cough and to Spit blood. Also the fiberglass would cause a skin eruption on hia arms, similar to poison oak. On one.occasion a piece entered his right eye requiring hospitalization for one week. Had no lung difficulty while working for Armstrong. ills only experience in spraying asbestos material prior to 15^2 was for about six weeks In 19 39 . T h e n e x t occasion was from 220 FURIA Kay 4, 1965 -3- 6ae no. 65 SRO 4243 February, 1963, until about December of 1963, while working for Armstrong, At this time they were working In a sewage tunnel in San Jose. Would blow the Material onto conduits tp a depth of three and a half inches. Would then press this down to a thick ness of three inches. Would then apply a finish coat, and would then press this. It was very dusty while working .in-the-tunnel. He would be unable to see as far as 10 to 15 feet away because of the dust, and would have to atop work and clear his mask, This was his worst exposure to dust.. At night there would be dirt and dust in his nc&e and ears. He worked eight to. 12 hours a day, also on Saturdays and Sundays. After the completion of th sewage tunnel.Job lie worked on. ships for Armstrong for one to one'and a half months. In. his work for Baldwin,. Ehret & Hill he used the same materials ns in his previous Job, and also used Styrdfcae. The latter cre ates no dust, but only flakea. He used a mask In hie work for Baldwin, Ehret & Hill. While working at the Pacific Telephone Building in Santa Rosa between August and October, 1964, he noticed fatigue upon walking upstairs, during his work, In October he went on a vacation in Montana, doing some hunting at an elevation of 6,000 feet. Experi enced so much fatigue fro climbing t hat,he returned home. Con tinued to have the same fatigue after returning to Santa Boss and so went to Dr. Wuest for a checkup near the end of October. Denies any prior respiratory Illnesses such as tuberculosis, pneu monia or bronchitis. Has no family history of any of these diseases Was treated by Dr. Cardozo and Dr, Thurlow. Entered the Santa Rosa Memorial Hospital on November 12, 1964, and remained there for three or four days. He stopped working on November 12, 1964, and returned to work on January 25. 1965. Since the latter datr* he has not worked stead ily. Estimates that he has worked an average of three days a week; he worked one 5-day week and one 2-day week. Also, tie will rest on the Job aB necessary and will leave work when he becomes too tired. Gets paid for eight hours a day for each day that he works.. He stays on the job for eight hours, although be actively works for only about five hours. Also, he slects jobs which permit him to avoid dust. Becomes very fatigued. Has shr-rtness of breath upon activity or much talking. He does not cough and his frequent clearing of his threat and sniffing is only a matter of habit. Has received no compensation benefits. -UPON CROSS-EXAMIIATIOK. testified that in his work for Baldwin, Ehret HiirTi'handled fiberglass about 55,, of the time and tyrpfcme about 52 of the time. These materials have no asbestos content. For the remaining 402 of the time he would work with asbestos materials.- Admits that in this employment he had less exposure to asbestos than in previous employments, but is unable to compare it in percentage figures. At the present time he works with Styrofome or oanvaslng and has no exposure to dust. Has not received any pay for the days that he did not work. n FURIA - Kay 4, 1965 Cafro Ho. 65 SRO 4243 At present he r e ceiv es $241.60 fo r a 40-bour week. While working for Armstrong be was away front work for one month during 1963 while on a hunting trip. The company records ere Inaccurate in stating that this absence was because of sickness. He l e f t Armstrong In ord er to avoid commuting to th e Bay Area. His Job w ith laidwin, E hret & Hill p erm its him t o work in the V ic in it y o f Santa R osa, where h is home h a s alw ays been. He had a contractor clear the ground for his present heme about three years ago. Had another contractor install the foundation about one year ago. Witness hlneclf built the deck, working on week ends at such times as ne waB financially able to purchase the needed lumber. Did this until he became 111 In October, and then had a contractor complete the Job. Admits th a t he d o e s.n o t know th e chem ical com position o f any o f th e a s b e s to s d u s ts . Does not know what p ercen tage o f a s b e s to s is in any o f th e m a te r ia ls which be handled. During the periods that he worked in the asbestos industry he took no tine off work except for week ends. Referring to the Social Security administration Records, states that his work for Grace Brothers was as a bottler and stacker. Does not recognise "The Scott Company" as a former employer. Worked only one shift for Jfiundet Cork Company, ills work for Dutton Asbestos company was at shipyards during the war. Thinks he was loaned to Dutton by Western Asbestos Company. Had the same general exposure there as in his other employments. In his present Job he Supervises men who work with asbestos, but Is not exposed himself. Inspects the Job after tne work is com pleted. Works with styrofome and makes fittings, avoiding asbes tos materials and also fiberglass. Styrofome Is a very light plastic material. Witness does net know Its chemical content, but as far as he knows it contains no asbestos. There was no gap between his Job with plant Rubber and Asbestos Works and his Job with Western asbestos Company. Does not recall the dates he worked for Dutton. Was receiving $1*50 an hour, or $60.00 a week at this time. While working for Western Asbestos Company he spent about two years working on new troop ships at the Richmond Shipyard. In this work be vae.handling mostly cork for refrigeration purposes. He also did repair work on ships. Underwent no physical examination for his Job with Western Asbestos Company. Had no X rays taken between 1946 arid 1957, and does not think that he saw a doctor during this period. Bad no unemployment during 1941 and 1942 DISPOSITION Three weeks fo r the p a r t ie s to a d v ice me regarding * Compromise and R e le a se , o th erw ise subm itted. JtB sew s StOBBRf BALL, R eferee 222 X BEFORE TH INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA 2 3 DEL FURIAj CAS NO. 65 SRO 4243 * ) 4 Applicant! 5 -v s - 6 BALDWIN, EHRET & HILL, LIBERTY MUTUAL INSURANCE COMPANY, PLANT 7 RUBBER AND ASBESTOS WORKS, WESTERN ASBESTOS COMPANY, STATE COMPENSATION 8 INSURANCE FUND, ARMSTRONG CONTRACT AND SUPPLY COMPANY, ARMSTRONG CORK 9 COMPANY, THE TRAVELERS INSURANCE- COMPANY, and THE AETNA CASUALTY AND 10 SURETY COMPANY, AND DUTTON ASBESTOS COMPANY, 11 Defendants. ) IS FINDINGS AND AWARD 13 FINDINGS OF FACT 14 1. Del Furla, born August 24, 1911, while employed as 15 asbestos worker in the State of California by defendant Plant Rubber 13 and.Asbestos Works beginning In June, 1937 through. October, 1941; 17 by defendant Dutton Asbestos Company beginning in November, 1941, 18 through March, 1942; by defendant Western'Asbestos Company beginning19 in April, 1942, through February 9 1945; by defendant Plant Rubber 20 and Asbestos Works beginning In February, 1945, through August, 1945; 21 by defendants Armstrong Cork Company and Armstrong Contract & Supply 22 Company beginning October 16, 1957, through February 27, 1964, and 23 by defendant Baldwin, Ehret & Kill beginning March 2, 1964, through : 24 November 12, 1964, sustained Injury, consisting of asbestosls, SB arising out of and in the course of his employment by each of the 26 above- named employers. 27 2. Defendant Plant Rubber, and Asbestos Works was permis 28 sibly self-insured as to workmen's compensation during applicant's 29 employment by that company. 30 3. There is no admitted insurance" coverage for defendant 223 1 Dutton Asbestos Company. 2 4. Defendant State Compensation Insurance Fund was th 3 compensation Insurance carrier of Western Asbestos Company during 4 the period of applicant's employment by that company. 3 5- Defendant Travelers insurance Company was the workmen's e compensation Insurance carrier of Armstrong Cork Company and 7 Armstrong Contract and Supply Company beginning October 16, 1957, 8 to and Including January 1, 1963. 9 6. Defendant Aetna Casualty & Surety Company was the 10 compensation insurance .carrier of Armstrong Cork Company and 11 Armstrong Contract and Supply Company beginning January 1, 1963* to 12 and including February 27, 1964. 13 7- Defendant Liberty mutual Insurance Company was the 14 compensation insurance carrier of Baldwin, Shret & Hill during the 15 period of applicant's employment by that company, 16 8. The injury herein caused temporary total-disability 17 beginning November 12, 1964,. to and Including January 24, 1965. 18 9. Applicant's earnings at time of injury were maximum. 19 10. Said Injury caused permanent disability of 6lj. 20 11. Applicant requires further medical treatment to cure or 21 relieve from the effects of the injury herein. 22 12. Defendants failed to furnish mdical treatment to cure 23 or relieve from the effects of the injury after notice of need there 24 for. Medical,costs of the reasonable^value .of $106 were necessarily 25 Incurred and paid by the applicant. 26 13. The within claim is.not barred by the Statute of 27 Limitations. 28 14. This Commission has jurisdiction of the within claim. 29 15. Defendants were not prejudiced through any lack of 30 timely notice' of the injury herein. f* 224 1 16. Applicant's attorneys* McKenzie and Arata, have 2 rendered services herein of the reasonable value of $1,250 and have 3 advianced $39.25 as reasonable disbursements In connection with the 4 within claim. 5 A. W A R D. ' 8 AWARD IS MADE In favor .of Del Furia against defendants Plant 7 Rubber and Asbestos Works, Dutton Asbestos Company, State Compensation 8 Insurance Fund, The Travelers Insurance Company, The Aetna Casualty 9 and Surety Company, and Liberty Mutual Insurance Company, Jointly and 10 severally, of: 11 (a) $740, as temporary disability Indemnity, payable forth 18 with; 13 (b) $52.50 a week, as permanent disability indemnity, 14 beginning February 1, 1965, and continuing for 244 weeks, In the IS total sum of $12,310, less $1,289-25 to McKenzie and Arata; 10 (0} further medical treatment to cure or relieve from the 17 effects of the Injury herein; 18 (d) $106, as reimbursement for the reasonable expense of 19 self-procured medical treatment; and 20 (e) Interest as provided by law. 81 ORDER 28 IT IS ORDERED that Dutton Asbestos Company be, and It 83 hereby is, joined as a party defendant herein. 24 85 28 27 28 RIONBDEURSTTRBIAALLL,ACCReIfDeErNeTe COMMISSION 29 FILED AND SERVED: .Jill 2 ii ^ V All parties served-as shown on Official Address Record. ' -3- 225 . ' ROBERT BALL, Referee July IS, 19&5 DEL FORIA Case No. 65 SRO 4243 Injury: June, 1935 to November 12 1964 REPORT OF REFEREE ON DECISION Applicant's testimony, together with the reports of Dr. Thuriow and Dr. Hinshaw, establishes that applicant sustained Injury to his lungs, consisting of ashestosis, arising out of and in the course of employment by defendants Plant Rubber and Asbestos Works, Dutton Asbestos Company, Western Asbestos Company, ..Armstrong Cork Company, Armstrong Contract and Supply Company, and Baldwin, Ehret & Hill, (industrial indem. Exch. v. Industrial Acc. Com. and Alatorre, 8? Cal. App. 2d 465 (13 Cal. Comp. Cases 220); Globe Indem. Co. v. Industrial Acc. Com. and Trembath, 125 Cal, App. 2d 656 (19 Cal. Comp. Cases 132) The fact that a portion of applicant's, exposure in some of the above mentioned employments may have been outside the Juris diction of this Commission is something to be considered in supplemental apportionment proceedings; the applicant is entitled to a Joint and several award against, the above-mention ed employers for the full benefits payable under the California Workmen's Compensation Act (Labor Code, section.5500.5; Colonial Ins. Co. v. Industrial Acc. Com. and Pedroza, 29 Cal.. 2d 79 (11 Cal. Comp. Cases 226,.243); Acme Pattern & Foundry Co. v. Industrial Acc. Com., 17 Cal. Comp. Cases 108; State of California, Sub. InJ. Fund v. industrial Acc. Com. and Walters, 48 Cal., 2d 365 (22 Cal. Comp. Cases 100, 107); also see State of California, Sub, InJ. Fund v. Industrial Acc. Com. and Koski, 175 Cal. App. 2d 674 (24 Cal, Comp. Cases 279)) Since returnl ng to work on January 25, 1965, applicant's earnings have exceeded $108 a week. Therefore, there is no', compensable temporary partial disability, . ' ' 'Ur, Hlnshaw's report indicates that applicant's condition Is static.: Dr. Thuriow anticipates a progressive worsening. Even adopting the latter opinion, I must conclude that applicant's condition is permanent and stationary, (industrial Indem,. Exch. v. industrial Acc. Com. and Rlecardi., 90 Cal. .App.- 2d 99 (14 Cal Comp. Cases 25)) ROBERT BALL Referee P 226 ROBERT FALL, Referee * Santa Rosa* Ray 4, 1965 . XEL FURIA Case No. C3 SEO 4243 Injury* June, lvJJ, November 12, 19*4 REPORT 0? REFEREE ON COHtlKUED HEARING In accordance with the information in Commission's Exhibit 1, it van ordered tnat the application herein be deemed amended so as to Allege October 16, 1957, as tne date of the cooruencenent of employment by defendant Armstrong Corte Company, Applicant exhibited V-2 Forms showing the following earnings* Armstrong Contracting and Supply Corporation (1961)........... ............ ..,.......$9,070.20 Armstrong Contracting and Supply Corporation __ . (1962) ', Armstrong Contracting and Supply Corporation (1963)............ ....................10,79<5.i2 Armstrong Contracting and-Supply Corporation (19M). ................. w.............. 2,064.56 Baldwin, Ehret & Hill (1964). ...... . 7 . 9 O 3 0 Attorney for Deferd'ant State ?ur;d requested that its stipulation as to applicant's cciploiTient by Western Asbestos Company t amended to cover only from toe first quarter of 1942 until the first quarter of 1943* foe request was granted. Applicant's attorney and some of the defendants' attorrcys pointed out that the social security records furnish a rough guide to applicant's part employment, but that, the figures contained therein are not very accurate. For instance, the earnings shown from Arm strong Contracting and Supply Corporation do r.ot correspond with those shown on the above K-2 Forms. Applicant's attorney stated that his firm has expended 439.23 for the social Security information. Applicant's attorney stated that Blue Cross has paid much of the medical expenses nerelr. but that there are several unpaid medical bills, and applicant himself has paid several others. APPLICA?!? testified substantially as follows* He was boro August 24," 1 9 U . ' Is now working asbestos foreman for Defendant Baldwin, Ehret A Kill. .His first employment in tne asbestos industry was with Plant Rubber and Asbestos Works about Jure, 1937 as an asbestos helper, ile worked for this firm until about October or bovecsber, 1941, going to work leasedlaoely thereafter for Defendant Western Asbestos Company as a working asbestos foreman. He worked for this employer until about February, 1943, then returning to Plant Rubber and Asbestos Works as & working foreman for about six months. For the next several years he had no contact with asbestos. In October, 1937, ho wont to work for Armstrong Cork Company as a working foreman, worked for this company until February, 1964. 227 FURIA - hay 4, %9(& -2- Case Ho. 5 SRO 4243 Began working for laidwin. Ehret & Hill, cn larch 2, 1964 as a foreman. In his work for Plant ftiibfeer and Asbestos W r k s between 19JT and 1941 he would preparo materials and mixturee and would cut.blocks. He worked with dry powcers containing magnesia and asbestos fiber, adding water to these powders. ?hia mixing caused the particular area to be very dusty. Witness would also use a handsaw or power saw to cut blocko, vrould'wire these onto, the exteriors of vessels, and then would h&ceer the wires tight against the block'd, 'inis activity created considerable dust, particularly if ne wore work ing in a closed area, ;ie wor was so dusty as to require him to use a mask over his nose and mouth 73,- to c O,j of* the time. He diti r worked on construction, boilers, iurnacea, oucts, and air con onero. About 90/1 the work was performed in d o s e quarters, t.g., in a boiler roost with n outside ventilation. UiS work for Plant Rubber and Asbestos Works was steady, five days a week, 40 hours a week. Witness did very little work on ships for tnis employer, and such work: tnat he did was repair work upon completed vessels. He was smoking about one pack of cigarettes a day at this time. Quit smoking in 1943 or 1946, resuming it about three years ago. Then smoked off and on until October, 1964, when he again quit socking. - . Had no medical or physical problems, especially with hip lungs, dille working for Plant Rubber and asbestos Works*. His work for Western Asbestos company was generally the same as that which he did for Plant Rubber and Asbestos berks, he handled the same .materials, but also handled considerable cork. The lat ter material was dusty only when being cut. witness would cut it with a power saw in the shop, wearing a mack at this time, he would work in the shop or at Job sites. Would work on buildings and on ships. Had no lung difficulties while working for Wstern Asbestos Com pany. It.was steady work, rive days a week. . Bis work in 1945 for Plant Rubber and Asbestos Works was mostly repair work on destroyers or other snips at Keore Urydock teepany. He handled asbestos materials and cut; them, creating dust. Wore a mask 73>> of the time, would work on shipboard. Had n difficult With his lungs during this work. For the next several years he worked successively as a liquor dis tributor, coffee salesman, and then car salesman. When he went to work for Armstrong In October, 1957, he handled t h e s o m e materials as in hid previous Jobs end also handled fiberglass, i.-inecy per cent of his work was inside builcire-B Hie fiberglass vac cut with a knife, creating a *.ery fine uust. It would then be wired into place, usually in attics Witness would have to wear a rank or It would cause him to ccurn and to Spit blood. Also the fiberglass would cause a skin eruption on his arms,.similar to poison oak. bn one occasion & piece entered hi# right eye requiring hospitalization for one week, had no lung difficulty while working for .rmstrong. His only experience in spraying asbestos material prior to 19^2 was for about six weeks in 1939. The next occasion was from FOKIA - >*7 4, 1953 -3- Case Ko. 63 SRO 4243 February* 1963* until about December of 1963, while working for Armstrong, At this time they were working in a sewage tunnel in San Jote. would blow the material onto conduits to a depth of threo and a half inches. Vouid then press this down to thick ness of three inches, Would then apply a finish coat, and would then press thiB, It was very dusty mile working in the tunnel. He would be unable to see as far as 10 to 15 feet away.because of the dust* and would have to stop work and clear his mask. This was his worst exposure to duet. At night there would be dirt and dust in hl3 nose and ears. He worked eight to 12 hours, a day* also on Saturdays and Sundays. . After the completion of the sewage tunnel Job he worked oh chips for Armstrong for one to one and a half months. In hie work for Baldwin, Ehret & Hill he used the sane materials as in his previous Job, and also used styrofetse. The latter cre ates no dust* but only flakes, -He used mask in his work for Baldwin* Ehret * Hill. While working at the Pacific Telephone Building in Santa Roea between August, and October* 1964* he noticed fatigue upon walking upstairs during his work. In October he vent on a vacation in Montana* doing seme hunting at an elevation of 6*000 feet. Experi enced so much fatigue from cllmbingtnat he returned home, con tinued to have the same fatigue after returning to Santa He sa and so went to Dr, Vuest for a checkup near the end of October. Denies any prior respiratory Illnesses such as tuberculosis*, pneuetonia or bronchitis. Has no family history of any of these diseases. Vas treated by Dr. Cardoso and Dr. Thurlow. Entered the Santa Sosa Memorial Hospital on November 12* 1964 and remained there for three or four days* He stopped working on November 12 1964* and returned to work on January 25, 1965, Since the latter date h. has not worked stead ily. Estimates that he has worked an average of three days a week; he worked one 5-day week and one 2-day week. Also, he will rest on . the job as necessary and will leave work when be becomes too tired. Gets paid for eight hours day for each day that he works. He stays on the Job for eight hours* although he actively works for only about five hours. Also* he selects jobs which permit him to avoid dust. Becomes very fatigued. Has shortness of breath upon activity or much talking. He does not cough and his frequent clearing of his throat and sniffing la only a matter of habit. Has received no compensation benefits. UPON CROSS-EXAMINATION* t e s t i f i e d that In h is work fo r Baldwin, Ehret t Hill be n^ndXcd. fiberglass.about 55;5 of the time, and Styrofcm about 5; of th time. These materials have no asbeotos content. For the remaining -40 of the time he would work with asbestos materials, Admits that in this employment he had less . exposure to asbestos than in previous employments* but Is urable to compare it in percentage figures. At the present time he Works with Styrofome o r canvesing and has no expoeuro to dust. Has not received any pay fo r the days th at he did not work. 229 PORIA - KajH, 1965 4- Cano Ho. 65 SKO 4243 At present tie receives $241.60 for a 40-hourweek. While working for Aroetrortg he was away from work for one month during 1903 while on a hunting trip. T h e ccepany records ere inaccurate in stating tnac this absence was because of cXcknesa. He left Armstrong in order to avoid commuting to the Bay Area* His Job with Baldwin, Fnret & Hill permits him to work In the vicinity of Santa Rosa where his home.has always been. He had -contractor clear the ground for hie present home about three years ago. Had another contractor Install the foundation about ore year ago. Witness hlnself built the deck, working on week, ends at such times as he was financially able to purchase the needed lumber. Cid this until he became 111 in October, and then had a contractor complete the Job. Admits that he dees not know the chemical composition of any of the asbestos dusts; Does not know what percentage of asbeauos is in any of the materials which he handled* During the periods that he worked lh the asbestos Industry he took no time off work except for week ends. Referring to the Social security Administration Records, states that hi3 work for Orace Brothers was as a bottler and stacker^ Does not reco.cnlce "The Stott Company" as. a former employer. Worked only one shift for JIundet Cprk Company^ ills work for Dutton asbestos Ccnpany was at shipyards during the war . Thinks be t a s leaned to Due tori by Western Asbestos company,. Had the same general exposure there & s In his other employments. In his present Job he supervises sen who work with asbestos, but Is hot exposed himself. Inspects the Job after the work Is com pleted. Works with tyTofome and stakes fittings, avoiding asbes tos' materials and also fiberglass. ' Styrofome. is a very light plastic material. Witness does not know its chemical content, but as far aa he knows it contains no asbestos. There was no gap between his Job with H u n t Rubber and Asbestos Works and his job with Western Asbestos Company. Does not recall the dates he worked for Dutton. Was receiving $1.50 an hour, or $60.00 a week at this time. ' While working for Western Asbestos Connanyho spent about two years working on new troop ships at the Richmond Shipyard. In this work he was handling mostly cork for refrigeration purposes. He also did repair work on ships. Underwent no physical examination for his Job with Western isbestoB -Company* Had no X rays taken between 1946 and 1957 and does not think that he saw a doctor during this period. Had no unemployment during 1941 and 1942 DISPOSITION Three weeks for the parties to advise me regaining "" Compromise and Release, otherwise submitted. HStcws ROBERT BALL, Referee 5Ke Aetna Casualty end 2 Bta'ety CcBDsanir Mr, A. L; Stofcely Armstrong Contracting and 3CA- Shaw Rood South San Francisco, California Corp. Mr. Ered L. Gardner, AC&S, Lencaster April SLf 1965 231 April 2L/ 196? AIRMAIL She Aetna Casually and Surely Company 20 Bontgoceiy Street. Sea Francisco, California Cerrtleoen: Bubject: Del Purla versus, feldHln, Etrert end Hill, et el Case Ho. 65 SSO 4243 fiaclosed ere the fcllcvina papers! -:JU Order Joining Soriy Defendeat uhieh raises Agaotroag Ceric ; Ceqpejy as s, party defendant la the above-entitled cose. ., Ifotice of E r e cad Place of Further Hearing setting forth JSsy 4 at 9:00 c*a.' as the tine end Eoca 514, SoscObora Building Santa Rosa Os the place for the next hearing in this Case . 3* State Ccqpensatiaa Insurance Fund letter Sated Birch 26 la -which the various issues to he raised before the Industrial Accident Cannloaipa ere listed. ^ i s r papers vlll he foriaixded as received. 1 Ifexy truly yours. i USB Wallace B. Eofferth Assistant General Iimager insurance Depurtsent Biclosures She Travelers Insurance Cccrpaiy 550 California street Son IVahcisco 4, California it? April 20, 1965 Eies Abfcna Casualty and Surety Ccnpany 100 Bush Street Ban Francisco, California Gentlemen: Attention: i'ir. Gordon S. Subject: "versus Baldwin, Ehret, Hill et al Case Ho. 65 SBO *2^3 At your xeguesfc, I am ecnfirciins our telephone conversation of April 19th, Assuming Bel Euria'a work for Armstrong vac that of a standard Asbestos i/crlcsr Mechanic out of our San Frencisco office, almost three quarters of the r-cti'-rials ..Jw would mnbally install for insulation., would be glass fiber with a paonoiicresin binder, or mineral wool fiber with a clay binder and mixed with portland cement. Share vould be no.asbestos content la either, of these products. - Seme 20$ of the materials installed would be Calcium Silicate with approximately f /. ,10 to 15^ asbestos added, or prior to i960, 85^ .Magnesia with ojproxicately 1$$ >7 " asbestos added. Burins the year 1963, Mr* Fm i n worked as the Foreman spraying "Sprayed Limpet Asbestos" on large sized pipes in tunnels ot the San Jose S e w a g e T r e a t m e n t Float* Our requirements for the wearing of a resplrater, at least at the time the machine was actually spraying, were, to the best of our knowledge, adhered to. Ve think that it is quite possible that Hr* Purin had an annual chest x-ray as part of the Health and Welfare program of Asbestos Worker Local 16 in San ihencisco. Ve hope that this information Is of value to you* i --- v . . ' Very tr u ly yours, 993 SCrovelera Insurance Coerpany 315 I'jontgcaasy Ctrcct Son Francisco, California F. L. Gardner, Lancaster (Blind) A cs Alan L* Stokely District Manager 233 From A. L. Stokely, San Francisco Subject Industrial Accident Commission State of California - Del Furia Case Ho. 65SRO Ij-2^3 Attached are two copies each of Notice of time and place of further hearing,, and Order Joining Party Defendant on this case* You will note that the party order Joined is Armstrong Cork Company, DJH FORM 1S01 P rirt.d in U.S.A, i % V 234 ~?.r" ' . . . I/'/ ~+'s-. <* *v y . t :V '.'.; ,B efo rc th e I n d u s tr ia l A c c id e n t C om m ission of the State of C alifornia SO, FOHIAj Cos N o. u rMISWIS* EHS2T fit tiXLL> e t a l , ..Applicant defendants O rder Joining P arty D efendant end cmzn patsy Good Cause Appearing Therefor: T t IS HEREBY ORDERED THAT . . 'J&KS35KQ&cess. comnsr- ~4w joined as a party defendant in the above entitled came. - 1* . 1 ; . XT ZA ES3333T OPTJSHSD THAT P A C IF IC STIPLOTZES I 3 t& A r c Z C'wIPAI.V* %e Zanlseed a & party defendant in the above entitled cause, ' . ;' Bated; Vi3/55 " ' .; . SOSETi2UMi~ "~" * INDUSTRIAL A CCIDENT COMMISSION Served all parties of record, ywd ' 235 INDUSTRIAL ACCIDENT COMMISSION STATE O r CALIFORNIA FVTlA, Otite No, Applicant-- n. BALAIS,. E53ST EXIL, et al, N otice of Time and Place of Further Hearing D efen dan t-- NOTICE TO ALL PARTIES You ire hereby noticed that further hearing will be held in the above-entitled action at Boon. 5 14, E osa& ers Bid, t; Santa B oca, Bsy $ s0 0 a,m. ' all m t ' lp5& Dated at: Santa 'Rasa, ' , INDUSTRIAL ACCIDENT COMMISSION N bT E : CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED. !" rf - \ *;/ . A n parties on Official Address Record, DATE AA3/-- ' . vsffi 1 236 IT A T I C t CAL'fOftNIA 1NDW T2UAJL A C C ID E N T CO M M ISSIO N APPLICATION M m k * <,t ClW -i*,!- RECLiV.-:1' .. JANl-JUL^ . ; F !f. " f; SANTA RCwi 0' v^-jr n u t i e s s e o w i n a i a n d va. c o m i ~ (PHASE KKI O TYPE ii&$ i%) A5D$i-t8 CA SE N O &5 S rtO - U ;,-; DEL FURIA ____________ BALDWIK. EHRST $ H ILL LIBERTY MUTUAL IKSURAKCE CrffANY nnMn aw 3004 Carv e I,,g:ive___ _ Santa Rosa, Calilornia_ Soci.] Security No. _ 5 6 . 1 - 0 7 - 6 : 3 5 . , 410 Talbort Ay! ___ Dalv Cltv. California 216 Pin* Street . San Franciszs t C^liforain_ Ui m tram , / 24.Z 3J.-- .alley* that while tiaj^uyirf cn. 1 1 / 1*.-- ---- --- -1 ?V * m u rM m fi e JM m aH- i M alat ion Jiasaaa. ALo- an* .JLQ.SjL Witt. IW IU U * ^4uliUT.Js. tty tut ** _lie aumiaed isijvrf *rmn$ out of and is the orni:pcof oweempbym n t, i* fcU-'-" : ^ a .tin u ^ _ 5 u iA e L A a fis ls iiy 3 .,, o i_ l5 .s . la t.i? s s s it c c ia l___ :------;--------- mn'ihj n iiHial*njvniiuHcuni . - Jfeflih Ju g ss..-. ITITIfMf dirMf willI>.t44(M4MOMT IWfll) ^._U JTSI..iiaj 4A l_XR3iir4lCfl.,,,C l5 f . ..___. .Aff db*mpiofvr'i n u * auitfiti n . ff w T-i vai ear 4ir*U4M4A>Pfti tm tiiui i, _*yasiicz..XS.,_1"5."i0.T4 .B.#ttaB.Sflpr srreu *ial!t,-n; _ ____.__ _ J?fit . ;iU s a # L .'^ . iatiivuiunm ttm 4* V*i cotopauetiotrpAid?- Np___ ,__ 1___ &yne_ _ _ JiaX R Pi______ UMIT ll*f earner ob cite W ro;'*T* -----J* '1 V * L .. Mn iAlUhk TV**f> _____ .. . . . . . . . B*T* V* AMT W4IIT 1* E i m in gi oene e l in ju ry **Ttrmviu Tb* iw* of p i r trafili. SP. -P T -i^ W X rtTMff MTJ.f ufi. * ** * **'* A **'* 4, Vu mrdical ew*rwni EBtded?---- jf.S,_____ VI fum a bedtreatment?^___ ^fl3SyJLsy.CX,,. C.Rfl------ ---------------- TtltlN . ,, Blue Cro5_5_ gsdical iosTjuicti_____ _ ___ _ _ -- ________ Binhmiftjtrw*w Twm m ffttnu**mitiwww . .^. 7. T i tp p tiC -jo it filed ! detersilo li ibility for: I ; a. Temporary duiHir J f ? 5 fc>, Rermtneat dm bitj'-JSfl-i. fnff M H sffj* e. Modini tm tiaeat.. J f 2 3 d L lf W Mtdiesl coat. --l'C 3_- .RS*** c* Z itig a sn n ripeti ' i, --- ............ I , -- - -- . . :................... ' IWU wrtiaitMU J M lC.. T 0 TNtA pibTV V H JU ?FO H E . *tH r^mntf thai * ftmfenJ pi&t b fitr* `ff*r ra*ng rd tLai * uorJ et tusJt tmtrh g<*U?f at ***7 ** fttj** nJtr ibt f'orAifrtce'j CfrM^roiriffH I**tJ uf C*it*p*m4 iheJ .Santa Rosa...,____1cdiioTMi4,_jI?nSBry.l?ju.lS55 ... niriti*nquxtoi t-._SPta...f-32,..Cslcrsia 4fT Number of--ir--~ Q&& _ 's j / tV EuattJ twitoftmE-JL/i __ _ ^ ./ . /Tic I FORM 1501 Printed n U.5,A. f * t > -TSfJBfc. 238 . WRY YEARS OF SERVICE "'.'STATE COMPENSATION in s u r a n c e FUND Industrial Accident Commission - . 514 Rosenberg Building , -Fourth and Mendocino Streets .Santa Rosa, California ; 'f .. INNtPtr TOi Gentlemen; ^ur^a Re* I.A.C. Claim No. 65 SRO .Delfo John Furia V3- Western Asbestos and - State Fund, et al At the hearing we intend to raise the Issues checked below. Should other defenses develop, we shall ask to put them in issue: .( ) Occupation ( x) Disability .v(X ) Injury , ( ) Insurance coverage ( x) Apportionment .(, x) Further medical treatment *(X ) Earnings, -average -( ' ) Lien . ( X) Prejudicial lack of -notice ( x) Statute o f 'limitations - lie expect th presentation of our evidence will require a minimum of We have made disability payments as follows: none. * Applicant is requested to bring to the forthcoming hearing documentary, evidenc -of earnings for at least a three-year period preceding the date o injury. "'-' Very truly yours, (U S-l -MJRisr -j ' '.;; ' : . : -m D IE J . ROSS y- -Attorney c-Western Asbestos , C-KcKenzie and Arata, Attorneys 's C-Plant Rubber is Asbestos Works, { . 1 `J .-Travelers Insurance Company c-Aetna Casualty & Surety Company . -.- c-Armstrong Contract & Supply Company c-Liberty Mutual .Insurance Company c.-Claims Department ' - 1", .. ! . ; L -8 S R eC irY lV E O P P IC E 3 ) 9 3 B O O L D 5 M O A T S A V I...S A W P ^ A N O S C O l. C A L li' O B N tA ^EMPLOYER'S IMPORT OF INDUSTRIAL INJURY STATE OF CALIFORNIA Department of Industrio] Relations Division of Labor Statistics and Research C onfete in Triplicate and send immediately to T he JEina Casualty and Surety Company 2 2 0 MONTGOMERY STREET SAN FRANCISCO 4, CAL. Evfry queminn mutt be jmwfi'ed fully to avoid iurlhef cnrrc^pondencc. FAILURE TO TILE IS A MISDEMEANOR SUnjMCT TO MAXIMUM FINE OF H 00. (Labor Code* Sections Every work injury ro an employee which causes disability lasting longer than the day of the injury or which requires medical services Other than first aid treatment must be reported within five days after the injury. If the injury results in death* 3 report must be made by tel ephone or telegraph directly to the Division of Labor Statistics and Research, San Francisco, not later than 24 hours after death. EMPLOYER (Git niiM.uJcrvUcI) 1_ . F_ u_me c*nedIoNtio.Hawnidnoi.) -S 2. voce address Street) -- t x t ^ ' C a s t r o c f c i z g ' & - ^ ^ ^ ........... PoIicy No- ----------------- T*rt)Eoatto"'0--taBsl3iWf--- DO NOT W KlTE IN THIS COLUMN Case No, INJURED EMPLOYEE T t t 'tyttrm--------------^ w i g f l g - Employer No* A Rame 9* Ajdjdress Street) -, Towo) soci,, sauner N a ,,.: 5 S 2 i s 3 5 .r Industry C, Age Siale Female larrtcd ,,,,,,JJ.... Single ~~~~ 9* Number .of hours worked per day Q------- - i P ------ . | | 0 . Number of days worked per week -- _.. Age 10. Taces: ~ per hour, or per day, or *. per week..(If earnings at irregular rate, such ais pmiece work or on commission basis, enter actual average weekly earnings for convenient period not tg exceed one year.) 11. If board, lodging, or other advantages furnished in addition to wages, give estimated value $______ ____per day, or L,,.. ACCIDENT m (No. and ClSa o f A i o sto sls 1 L Place of accident S u m ) -- ..-- -- ... Towo (Yt* or L ^ Z I S g C T 13. On employer^ premise?- No) ---- -- 14. Department (Couhty). per wccU Sox and M arital Statua Weekly Wage *11. Date of accident -- . (Yor acadent? . 16, Hour of day AJrf./P.M. 17. Did injury result in disability beyond day of .. , , , **' " yes* Si*C date last worked------- :---- ------- ........... . 19. Vas injured paid in full for County this day? ^ n* 20. If injured in a mine, cheek accident locitionr Surface . __ Mill -- -- Underground ........... Shaft CAUSE OF ACCIDENT 2U Occupation (jab title) Accident Date 22. How long employed by you at this (Describe briefly, ibch m loadi-ng ruck, operating Occident occurred? nil presti ihoirsiiRgdirt, walking dvn iitin, re.) _ ___over 2 years , . . y . 23. What wm employee doing when v t& s & a r Occupation ' (Describe iwHy. ecactng wfcethrrtheinjured pmon fell, vastruck, etc.; jive all 34* How did chaCCldeat happen? hetors waribwicg soaccident. Hst etherrid*of ripen(or additional spite) * Accident Type . , , , . (Name tb* aperific machine, sooi, appliance, wbat machine, tool, substance, or object was most closely conaecud with the accident? *w, liquid, ate., a*i*c<jj .IU>f mecc.hnansiceaIil apparatus or tvced,h4ic*ilce, wnhact part ofr. .its.?r (Stmoitfosr.,oante,.f)allay. . . .... (Vnar TPere mechanical guards, or other safeguards provided? No) In what way was the machine, tool, or object defective?. , , . , . . (Y n or __ 2L was injured..using them?, No) -- -- -- 30 That db.you recoramend for preventing this type of accident? ($tat* liif pacific prew nti** mcaiurci th at csn.bc taken by employer and Do oot a y , "By bring.mere careful/* Specify rhac bouJd * r should a p t be done) MATURE OF INJURY AND PART OF BODY AFFECTED _ (p n e rib c in datril rhr nature of the injury and the part of the btidjr affected. For ciamplat ernpuutiaa 91* of right indea finger at second jaint, fracture of rib, lead pai wrung, Ttfjaiirii b i left band, etc.) to w 93. Name and address of physician 93. Name and address of hospital --w................. . 94 Has employee returned to work? No) 33. If yes, gir* da..~*>* 37. Did injury rtftili in death? *N)f-- 33. ff yes, give date 39. In cam of death, give name and address of nearest relative 99. At what wage? per 46. la Injured employee related to employer? .....TJ-- -------- % asdby SigoMurr -- *,.M44..,,... Oficia! position gte Bel rirrla lo ft our e^ln y Fbsmy 37, 3S< * Date of this report Agency Agency Part Mech. Defect Unsafe Act Pergonal Dcfeet Nature of Injury Location Extent of Injury Inaurante Carrier Report Lag ------- - 1 Coded by rchl9, 1965 AIR H'AH, # Hr, A. L. Stobely Armstrong Contracting and Supply Corp. 30k Shav Road South San Francisco, California : Dear Hr,. Stofcely; SWbiect: Del Furia `versus . .Joldvin, Ehret and Hill, et al Ossa Ifo. 65 SSO Del Furia1s esployaent dates were given in our letter of February 1 6 to The Aetna Casualty end Surety CoHjauy, a copy of which you received. His annual earnings are presented below, ' : 1957 1958 $ 1,713.65 7,83^.16 . -. 1959 i960 1961 1962 8,107.72 8,803.80 9#070.28 9,885,6k " 1963 10,796.52 , 196k 2 ,06^.56 HLease pass this inforsatian along to Tha Aetna Casualty and The Travelers. 1 Very tr u ly you rs, V . SEB Wallace B. Hofferth Assistant General Manager Insurance Department Hr. F r e d L. Gardner, ACSS, Lancaster l -i 241 in t c r ! / O ff/ C f COMMUNICATION to J E* ZeDer, Lancaster fom A. L. Stokely, San Francisco Subjoci L ei Furia SS No. 561-07-623$ Former Employee @ T n s t r o n g contracting March 15, 1965 We have been requested to furnish dates worked and amounts earned Aetna Casualty and Surety Company and Travelers Insurance Company for' the above former employee. Del Furia. left our employ 2-27-6^ Would you please have this information forwarded to me as soon as ^possible. /?-?- ii% X ? M izf.d. O 06/ Herd 17, 1965 33 Aetna Casualty* ard Surety Ccagsuy 220 Montgaosiy Street Can Francisco, California Gentleaen: , Sxibject: ; Del Furia versus Baldvin, Ehret end HUI, at al Case Ho, 65 SRO k2k3 . 3bo enclosed Cider Joining Barty Defendant names 33 Aetna Casualty end Surety Gompary ravelers Insurance Ccaapary ea party defendants In above entitled case Vary truly yours, DBB Ifaclosure Wallace B. Bofferth Assistant General Manager , ' Insurance Department nie Travelers Insurance Company 550 California Street San Francisco k, California Mr* A. L~ Stotely Arastrong Contracting and Supply Corp, 30^ Shaw Road South San Francisco, California Mr. Fred L. Gardner, AC&S, Lancaster CONTRACTING March 12, 1965 Svbct Industrial Accident Conmission State of California Case Ko. 6 5 SRO 42^3 Del Furia Attached is Order Joining Party Defendant received recently. DJH FORM 1501 PrintnJ In U.S.A. f * 1AA Before th e In du strial A ccident Com m ission o f th e State o f C alifornia DEL FURIA, CaiaNo, 65 SRO R2O A p p lica n t T*. attawia, e : j t t & k i l l , l i d r t y a c t u a l INSURANCE C'-iFAHY,.`LAST SUBBTH AlD S22ST0S <ns?.a, f a c h -t c >*.?L'-y k s i n s u r a n c e cS H faiy, WSST RS AS ysi<)& COHPAOr, STATE C ViFS&iAIXS iaSBRASCE PUKD, aRMSHT-II. COKT.TACT St SUFFLY CO'.PASY, TRAV-'L S3 iiSUKANCS COPAiY, and AETNA CASUALTY & SURETY COKPABY, D efen dan ts O rder Joining P arty D efendant \ Good Cause Appearing Therefor: TT B HEREBY ORDERED TH A T PACIFIC ~*?L3Y':fta IBAUKA.ICR 'C3MPABY,. STATS CSMFFNSa TICS IKSUSAiiCS PUIS), t n A V O E S S INSURASCS COMPANY, and AETNA CASUALTY AND SURETY COMPANY, be joined n > party defendant in the above entitled catue. i. Rtftta IN D U STRIA L A C C ID E N T COMMISSION FLLD and srHVEDi Karolx S, 1965 *n All parties s shown on official address record; also, Pacific i-~ploycrs Insurance Cctiaany, is I'Lrte St,, 6. r1. State Com er.saticn Insurance ^und, P. 0 Sox OY, S, P, 4 Travelers Insurance C'apar.y, 55Q California Street, 3. F Aetna Casualty .4 surety Company, 20 ,''onto:nery street, S , F . Banna U Brophy, A4 Laraet.Street, .& ,F. .-Sedgwick, iictort, noran & Arnold, 100 bush St., S. F. P6HM340 |*V, 4.dl| March 8, 1965 -3he Aetna Casualty and Sur-ty Cceguny S S O iontgcBery Street -Sen Rcoslsco, Cbllisfole Ceatlosteni ffcfatectt Del Farla versus rKrin, Ehret ani Hilly et al In eur letter of Ibbruaiy lo, se presented the inform ation requested by liberty Mutual Insurance Ccrrcry, insurer for Baldwin, fhret and hill ~Cceny. Ohe fancying papers ore now enclosed: .1* Application filed by Del Porla for benefits rader the California Wortoen's Cacpeasatian Act. 8 astice of Change in Elnea or Stan of HriB3 settiss - Ifarch 25, 1955 at 9*00 aja. In oaa jlk, Rosenberg Eldg., tenta Rosa ea .the tine end place of the bearing. 3 Ceder Joining Ksrty Defendant in which A m s t r ans Cpotrsctisg end Syoply Corporation erwng others is asand. Por additional infcreation on Del Furia'S eralqyaeat with Armstrong Con tracting end Supply Corporation, ve suggest you call upon Mr.- A.-X*. Stately, eEBsgef of its Sun Frunciaso district office located at 30k .Shew Bend, South Boa Iksociaco, California. 'Itaqr truly yours, Sfollare B. Eofferth Assistant General HOnoger Inaurane* Bspertoent Ihcloeurea Hr. A. L. Stokely Aznstrons Contracting end Supply Carp. 30k Stey Heed ` South Sen Francisco, California Mr. Fred &. Gardner, AC&S, JsmeaAtar * 4>* STATS O? .ilU'CStfttA . INDUSTUA. ACCwi:X7 -CO''.IZZZZC Z A* k !) ji* Via ii iV J- J W J f.*i V; ! -t ,<*- */7 .' / * ?7 ?!'*> S f ^ r / r' *''** / / '. - KL2 riGrn-^ coigsul and sc/carcas t-. U i - t.( U r^fi iL-i C A S3 KO.5 ;';Q Q . ^ - > DEL FURIA " _ _____ JWU<UVT-- VE. .BALD'.fl!*:, EHRET 5 HILL MKorca LIBERTY MUTUAL IKSUFsAMCE COMPANY TlfVfTIII e s n ^ t U ' *** cia;.:i. 3004 Cr-TV-l Hri*/jrtvsA?* ,Santg Resa. Cai^orr^ t ^ Socil Sareritr M..--0_,*.'.7".$.2. ? -- / J 410 Tclbort Avnnua LS Dgl Citv. Gn.ljfernie __ fV 2l Plao.S*r-?t. San Frcncisco, X-vlii^rnie 1. - J & J k - A T 3 L L _______________________ ust wirwnr ^ j L / Z . Z / j - X - __ _ aicjts 'bat vbjbt ciapleyrd TXi t Si*: ^ *.n wtua: 31r_ -i? sv i7 . f >ar tw^?47^*5TT^I >;T.iV.y . . . CTT7.10* 0*KCSKii*5rfV'*TS-il.TM7`J ... 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I --------- --------------',*vo-;s i.t rp Ttf n;w5t 4. \Tis c*:22,3en5i.tk>n o j c ?,___ i*?,>.. tm9 Vi * _____iiCb'' TC^V. fjU Er*; ivra m ' Tv~= trcii.T i 7 >*r L1Y ...aJ.L r'.'Ut ** M t t w m\: r-.Y.-j'isT , il o injur}* -^_.-------@ &> `vr'i ctjilic rr-w'icnt ccJid'?k-.wi5-_______- . r^ets Mnvitsav5< T bi.j or 'jzy i.:l,-_i_-__r, ..................... ti*T& rr ?74:y ; 's c v s t *n a r i v v ^ i 7 *. furriiaKcd trtimcr.t? ",1Ti- -,.3 ; - A '-*****-- .--- .. ! r3 Iu a Cross nod j . ^ - l ________ _____________________ ;.....:__ BilL iUJ<V AV M-Ctsa trH Tta^T 1II -lTil 7M9 fztt TH*(S 5 U W 7. Tiii rtfrlicAiioa Sed to ctrjr.iu Lability fnr: a, Teraporvy drabuty....t? J ty m ya e. L i j i ^ A li 4? 34 L, P;muitit diaiblli^y -L*i-- c. WJi-ul sraatnjaat r u de ne 153 44 ? 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V a~ r mr: ^ ,^ .s t - v - /y. _ i'.'LiTr i- . y> # ' * *** __ _ ____- ____________ - '7 / .. f '-: ..^r---- ..... yi-y'r ? f 2 fj' '*^1" ./ * 1"' . ,* C.l' r 4`T*-' / ! *1 *trf?xrj J' #'** iu .-*; r n Ji* . ^ r1 247 Before tho Thdustriai Acciddr,: Co&iisfatai; of the Ztr.z? of Gdlfcrr.u :=el r-'iiRTA, G c - .6;'S?,c Appticzai,, vs. S A IS ^ IT ij HIHHST & K I L L , arri' -LiBFKTY XUrJAL IKLUa ANCL JOKPAKY, DefaJiwt-: Nets*3 of isi Hr.ee cr Tirni o f Sv'iiria3i2 filed ' 3 2 4 !235 71 ----- -~"r-r- NOTIC2 TO ALL PASTES '' You arc hereby nosiaed that tb; time sad phee for th s.'sripj in tbe above c t w i l setiun been cheated to. and w ii c: htld at Room `.lfc, Ros^p.p'-rf} Blig.j.' Santa Ro*& ' ' - -'- - ' March , l$)o- s l '9; 0 0 a.si. HON- HATING FRSTRLAL - KO WtTKBSSSS ZXC5FT. AFPUC4ST Darjd a: 3anv'- .Rosa ?/SV6i MDUSTT^'A. 7.c c o l :~ ccie-rsicx Note; No euirinviniis wii! je jraaKd esorp: /as ai.-forr..easo-e <} idea r.v,' visS : c: k ;-k : oi si: --t;!-'. No iecussu for j continiiir.ce -wi!j to eoiuMcrtii uahti ;-res&ted to rKu>^ vidua f (h/s tft;a On ;m of o.: tliU tones. ; ' " OATS . 2/Zk/6-; S -rvec eJ: paijti&i? or. 0.' 'ielal A * i R . - : :nl, V .iC 248  * * * . J 9 Jlocc.-x G eie * '* o f e l l e . S t a t 5i ^ ^ * te ^ * a r * / iV /,': /a " f ,*-. : t v ' ^ * ^ v '* \ - 'A * < * *t S a \ k* *'* t T Cc& s I t a v r* r*, Y3* *4 M. v 4, r * A * ** t , i * i *, .'m. ^ rt V *r - i *i* ., r, >a ,i * r,i * 1 i . v W J > < 4 4%v.\ , , .r* . `>* * *' , '. t t T 4V * # i i : / * V ` * ^ T* -- * 1 Tk 1* * * - . r.- 1 > r -, i1V- ^ I * W J * * : , *;. \ W . 1 a>s '* i ' - ty* * t \ \ l i - ' '** * yT. (> k i ^ > * *y ^ : i *. /- } , ,*i4 V V * 4*i wm * * * ,* h C r c s f J c a rL g ? a i* ty J3e; i G o o d C a u sa A p p e a r h ig T h s r s fo r i I T IS K Z X E B Y C l ^ Z Z Z D T H A T l n V - ^ . a -fv V *t J* '*- ' O* "V - te < V ^ A , if i%*i * /i . * V, -, ,/ ^ '.ti!',V -r *r i ^ - V ' W 'j . fc t*. i ..*.*,# | . n ` 'i - ; ^ * l ' r. % ; *' *** ' -* f ^ / * :# -< **\ . *- v w , , - . , v.<* . , J 1 ,4 1 f .w - r 4 *1*4 .5 ^ C v , ^ . i * % < ba;ojisda$a partysrendantinthsaboyecadded causa, f . i Rifa;* * JroUSOTAt'ACOEDENt CO^.ZiSrON ;. *;*'i./ 1 * >...>* t te n V i * * * .i ** # ..\ *, *V?-* 4 t.4 fc * * * ! * + +**> iiii - 1 i>. Ii terte *J'1*'*!*f f^i >i,< ,';! *\V*.-v* ^ i*.Vt-B<'v( .Y 1 - te*-vr.**."^ v**v>* <*A^*% - ** 1..MT|l M .-j r a 9 j * * J p- .`1k^` 1 * r.** *-4, ' 2 >i ; i*.*)l*-<' i t^,N*<.V te*t> V*j.' r * '. ^v** # A* ^, , .tei'l ^ ' k T' m * %,' ^'a` .' ` `*V1 ,, V** A 4 rnm+f m -*;/.-* *> * 9i f *.nri t I v j 1. *.**.1' ^*-> J.'^ * l*#\' *** |*fv*- ^ ,J`1'.' 4!1?NI . 't\e\.P*. f'". ma ^ - f,9*>m'A*-iJ * . k*m 94A++v.+r,+.*s,' *1* *te '* , W** f ^; fcte****.t4,irvVlteAij% Y ...**5*.*v -V ;. , fc > i..'.v .j J ** ' a*. . >* - f t 41,, | Va I*"* ' v *T ' ^. 1 . . A4rW4l4 # * ^i*.o-4 A- #^ *** I I I 249 Attached are papers received today concerning a claim of asbestosis by Del Furia. 'Ufi- In the recent past, a letter from liberty Mutual Insurance Company to myself requesting information on Furia was forwarded to Fred Gardner* He .forwarded this letter to Mr. Hoefferth of the Insurance .Department of .the Cork Company, who in turn gave some of the requested information to the Aetna with a carbon copy to Travelers, informing them if they wish to provide the information to Liberty Mutual that they were free to do so* ' As you know, Del was one of our better Foremen for some -time, and.-useer- the Korfund.and Limpet spray at the San Jose Sewage Treatment plant. We know that he had lung surgery in the recent past and the papers indicate that he has filed a claim of asbestosis* .' DJI V, P08M15Q1 Prfnt.J In U.S.A ( . V > 250 _ February l6 , 1965 AIR HAIL She Aetna Casualty and Surely Company 220 Montgomery Street Son Francisco, California Gentlemen 1 Siibject: Del Furia, Saployes Baldwin ihret and Hill Company s.s. 561-07-6235 She enclosed'latter from Liberty Mattel Insurance Company requests information on one of our former employees, Mr. Del Furia, S.S. 561-07-6235. Ifatiber than submit the information directly, ve thought it should clear throu^t you since your cottony hds insured our compensation risk since January 1 , 1963 She Travelers was our worlnen's compensation insurer fresa 1 /1/52 to 1 /1 /63 If you decide that the information we have listed "below should he sent to liberty Mutual, would you please send a copy of your-letter to She Travelers' San Francisco office so it w i n "be put on notice of this possible vortoen's compensation claim. Mr, Del Furla was employed out of the San Francisco Office during the fallowing periods* His reason for leaving our employement in each instance is cited. t M / 16/57 - 12/19/62 Sick 12/27/62 - 10/7/63 Sick ' n / k /63 - 2/27M Quit neither the Job title nor the rate of pey was available fraa the employment record from which the shove periods of employment were Obtained. The "procedure for hiring employees in the insulation contracting field is to obtain them through local union hiring halls , Because of this., we do not have the names of ary former employers "because no employment application is involved nor wore there any jreempioynent physicals or X-rsys taken to the beat of over knowledge. `fbe Aetna Casualty end Surety Cccrpeny Wbruary 16, 1965 She following industrial injuries wore reported: 3 /9 /5 9 1 /19/60 3/IO/61 3/ 30/62 * 8,25 35.71 18 5 .6 6 CSP 68a8 25.1^ 6.00 Medical - Cause of injury uofcnown Tscgorery Total Medicai - Foreign "body in eye Foreign body in eye D ernatitis Foreign "body in eye Medical * Cdus of injury ualaiown Our records do nort give the reason why Mr. Furls left our eaployrent. .Please Jet us know haw you elect to handle Liberty Mutual's request. Very truly yours, -Wallace . Sofferth Assistant General Manager Insurance Department DHB JEndosure r. A, L. Stohely Armstrong Contracting & Simply Carp* 30k Shav Bosd South San Francisco, California Xr. Fred L. Gardner, AC&&, Lancaster JJ-/ \ * ? - g /^t' WujhjjitJ? 3 ? 7/___ ZI M h U ,'-TW y jl/c C t M /? . yw_ _Cvt -t^fl - / f a A% 0y- --- S/B------/22s~t*vXs2Za` -5i/to/i-- ZJZ.JC y*-*" - S / s o f a --- ------------- -7 * ^ - 253 INTI Off/CI COMMUNICATION * 7* L. Gardner, Lancaster i,OM A L. Stokely, San Francisco Del Furia Social Security 56I-G7-6235 c o n t r a c t in g February 8, 1965 1 attack a letter received today from Liberty Mutual, evidently carriers tor insurance from Baldwin Ebret Hill* Bel Furia was a former employee of ours, that, went over to Baldwin Ehret Hill. I understand that, at the end of last year he had a very serious operation involving the removal of one lung, l am assuming, that there is Some -possibility of Asbestosia. 'yV I am not aware whether we would give an insurance carrier for a competitor jij this type of information, requested in their letter.. It would appear to Jk jae that their main objective would Be to subrogate the costs if employers were at fault. Four advice will he appreciated. DJH INSURANCE COMPANY February 3, 1965 Armstrong Contracting and Supply Corp. ; 30U Shaw Road , South San Francisco, California i Re: Del Furia - Baldwin, Ehret and Hill t File Ho.i 0 6 6 1 - 9 5 1 ^ . | 'Attn: Payroll and Personnel Department ~ We are investigating a claim submitted to us by Mr, Del Furia as a result of his employment by the Baldwin Ehret and Hill Company . He- indicates that he was formerly employed by yourcompany from 1957 . i to 1958^ For your identification., -1 am including hisSocial Secur- ^ ity Humber which is 561-07-6235 j his date of birth which is ' ; 8/2V11. ` r Will you'kindly check your employment records ,and indicate to us . [ the following information: 1. Please confirm dates of employment, job title, and rate of ' pay if possible. , ' - j 3. Please list the addresses of any former eng>loyers indicated * ` by'Mr, Furia while he was employed by your company. - ' . * w 3 k. Was a pre-employment physical examination made, and if so, ;r< . may we have a copy of this record. If not, may we have the } `name of the examining physician and his address. Also, if f any X rays were made of Mr. Furia1s lungs, may. we have a . j copy of these or access to them. - , 5. Did. Mr. Furia report any industrial injuries while in your \ l ' employment and if so, what was the nature of these injuries. 6, What reason did Mr. Furia indicate for leaving your employ- ment Thank you very much for your cooperation in this matter a EJCimjs 'Libert; Mutual Building, 2163Pipe Street,Sun Fnneleeoi CelKornlK 04104 OArfield 1.6016