Document rpJvJrEaeX1431b8Q6rMr5Dda

FILE NAME Manville JMA DATE 1967-1968 DOC JMA157 DOCUMENT DESCRIPTION Contract Unit Claim File William McCormick WORKERS ' COMPENSATION APPEALS INDUSTRIAL ACCIDENT BOARD - CALIFORNIA COMMISSION prior to 1966 APPLICANT WILLIAM MCCORMICK | Asbestos Worker - Insulator CASE #LA 317548 DATE CLAIM FILED Nov. 17 1967 Amended July 29 1968 INJURY ALLEGED Injury to respiratory system due to asbestos ALLEGED DATE OF INJURY 1942 1967 exposure EMPLOYER INSURER Philip Carey Co. et al including M Sales OTHER NOTES No apparent Canadian insurer DATE OF RESOLUTION May 6 1969 RESOLUTION | oa . - DOCUMENTS COPIED Compromise & Release Among 15 employers 13,038 settlement 1 Compromise Compromise & Release 2 Med Rpt of Goldfarb to Firemen's Fund # OF PAGE 5 6 CLAIMANT William California Workers McCormick Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. American Automobile Ins Co. oAmerican Employers Ins Co. American Motorists Ins Co. Argonaut Ins Co. oAssociated Indemnity Corp. California oCalifornia Casualty Indemnity Exchange Compensation & Fire Co. ' oCasualty Ins Co. of oEmployers Liability California Assurance Employers Mutual Liability Corp. Ins Co. of | oFidelity & Casualty Co. of New Wisconsin. _ Fireman's Fund Ins Co. York oGGelnoebrealInAdcemcniidteyntCo.Fire & Life Assurance Corp. Ltd. Co. oGuarantee Insurance Co. oGreat American Ins Co. oHardware Mutual Casualty Co. Sentry Industrial Indemnity Co. oIndustrial Indemnity Exchange Insurance Co. of North America oLiberty Mutual Ins Co. Ins Co. Co. oLumberman's Mutual Casualty Co. oMaryland Casualty Co. Michigan Mutual Liability Co. oMission Insurance Co. National Automobile & ONew Amsterdam Casualty Ins Casualty Co. oOcean Accident & Guarantee Corp. Ltd. Pacific Employers Ins Co. Pacific Indemnity Co. oReliance Ins Co. oRoyal Indemnity Standard Standard Accident Co. Ins Co. oSecurity Ins Co. of Hartford U.S. oState Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins Co. oThe United Pacific Ins Co. OU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. Casualty Casualty Ins Co. 00 5/81 mun H WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA 3 WILLIAM C. McCORMICK CASE No. 67 LA 317-548 5 Applicant DW . VS. 7 THE PHILIP CAREY COMPANY et al 8 CERTIFICATION CERTIFICATION 9 Defendant 10 : I hereby certify that the attached and correct copies of the original documents of this office in the entitled matter documents are true filed in the records 15 Appeals 16 ATTEST my hand and the Seal of the Board of the State of California Workers Compensation 17 18 19 20 21 22 Workers Compensation JudgeJudge Workers N\ Compensation Appeals Board 23 24 Dated at San Francisco 25 California this 6 day 26 of April 1981 27 DIA WCAB FORM 115 NEW 1.791 DON T S DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF INDUSTRIAL ACCIDENTS w HERLIHY HERLIHY JONES & Attorneys at Law NELSON ; 2 727 West Seventh Street ww Los Angeles California 90017 Telephone No. ew 627-4911 Attorneys for Defendants 2H 2 = athe 7 INSERT O89 WORKMEN'S COMPENSATION APPEALS BOARD , INSERT STATE OF CALIFORNIA 9 1010 WILLIAM C. , MCCORMICK 1111 Applicant 12 VS. CAREY 1313 THE PHILIP CAREY COMPANY et al 7 a 1514 Defendants CASE NO 67 LA 317 548 . ACGORMEPERMOMEINSTE AND RELEASE _ 1 The parties to this settlement for the 1717 purpose of compromise only 18 fact | hereby submit the following agreed statements of 2020 B 22 23 25 26 27 28 30 31 32 1. William C. McCormick Social born Security No. 441-09-3140 1911 on April 6 claims that he was employed from 1942 through November 1967 at various locations in the State of California that he alleges an injury to his respiratory system circulatory system and various other parts of his body by such employment and that the insurance carriers are as alleged employers listed below together with their a b c Company | Armstrong Contracting & Fibreglass Fibreglass Engineering EngineeriEnngineegring Mundt Company Supply Armstrong Contracting & Supply ) AJorhmnsstrMoanngviClolrek CSoamlpeasny ; ) Company ) Los Angeles Cork Company L insured by Aetna Casualty Casualty & Company SuretySurety insured by The Travelers Company Insurance insured by National Automobile & Casualty Company 1 1 wy uw &fi tw A d Philip Carey . e Plant Fiberboard Inc. f , _ Insulations Inc .; . Marine Engineering a corp J.T. Thorpe & Sons Inc. Thorpe Insulation g Modesto Refrigeration 7 h Consolidated Western Steel . oo. 1 Pabco 10 - 11 12 j C.F. Braun Company 13 14 14 k Coast Insulation 15 15 1 Perkins Inc. 1718 m Thorpe Insulation Company N n Plant Asbestos . Industrial Supply N Metal Clad Company o Armstrong Cork N N p Baldwin Hill Company a 25 , 26 Insured by General Accident Company ) permissibly insured insured by , Pacific Employers Group Insured by California Casualty Insurance Company insured by < Pacific Indemnity Company insured by Employers Mutual Liabilit Insurance Company of Wisconsin . insured by American Motorists Insurance Company insured by Argonaut Insurance Compan insured by Michigan Mutual Liability Company _ insured by The Fireman's Fund Insurance Company insured by Industrial Indemnity Company . insured by Employers Mutual Insurance Company of Wisconsin insured by Insurance Company of North America 27 28 above insureds whether or not the period of insurance 29 is correct as alleged and coverage whether or not the employers that they 30 may have insured during this claimed period of exposure from 1942 of to 1967 are mentioned specifically hereinabove or otherwise 321 2 The actual weekly wages the employee are believed 2 e , The parties wish to avoid the frustrations of further litigation expense in this delays and wishes to provide his own medical matter The employee 2 needed without the inconvenience otfrdeeaftemnednatnt ifcoanntyroslhouTlhdebe defendants contend that applicant's constitutional in nature disability if any is be that the extent of rather than being related to his work and the defendants impairment if any is difficult to ascertain 5 contend that his present condition is approximately of events the same as it would have been in the normal . 2 without any occupational exposure whatever course 3 8 ae o _ 10 e . 11 12 13 14 8 e 15 18 to all herewith unknown applicant agrees that this release will apply 17 from such and unanticipated injuries and damages resulting as all accident those casualty event and employment as well now disclosed and all rights under Section 1542 18 of the Civil Code of California are hereby expressly waived 19 20 Sfeoclltoiwosn 1542 of the Civil Code of California reads as . 21 : 22 23 24 A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor" 25 In further consideration of the payment of the aforesaid 28 sum applicant agrees that this release extends to and | covers the executors administrators heirs 27 successors assigns officers directors representatives agents l employees of the defendants and each of servants and surgeons and nurses of the them and the physicians acting individually or defendants on behalf of and each of them whether them or either of them 29 ' 30 a . ee Attorney for Applicant 32 : Applicant 21 & Rav 2-64 4E 28 -2-  : > to have been 3. the employee above maximum throughout the period alleged The employee's present disability is in dispute has returned to work sometime in 1968 and temporary 4 No the defendants herein total disability has been paid by any of The amount due if any is in dispute 5. The parties agree to settle any and all claims on account of the alleged injury and exposure 13038.05 by payment of the sum 1e3m03p8l.o0y5ee 5,096.00 The contributions defendants a 4,186.00 b said sum to payable as follows Lump sum to -- less attorneys fees by the Company Travelers Insurance and less liens as may be allowed herein are as set forth below . Aetna Casualty & Surety Company 2,900.00 c Fireman's Fund Insurance Company a National Automobile & Casualty Company e California Casualty Insurance Company f American Motorists Insurance Company B - . General Accident Fire & Company Liability Assurance oo, 2,772.00 ' 217.00 154.00 574.00 105.00 h Argonaut Insurance Company 1 Industrial Indemnity Insurance Company j Pacific Indemnity Company k Fibreboard & Plant Rubber 562.00 420.00 10.00 1 m n - - Pacific Employers Insurance Company Insurance Company of North America Employers Mutual Liability Insurance of Wisconsin Company 224.00 . 432.00 378.00 , 75.00 o Michigan Mutual Liability Company 29.00 29.00 6. No medical expenses have been paid by the employers or 28 by the insurance carriers all has been provided by applicant 29 through private sources Future medical and hospital expenses 30 estimated at minimal 31 All unpaid and future is to be assumed by the employee 32 . . 7. The applicant's attorneys are Rose Klein & Marias 3 1 727 West Seventh Street Los Angeles California 90017 ww 8 Said attorneys request a fee of 1,500.00 9. The parties attach hereto a separate statement of & reasons for the compromise and release agreement wow 10. The undersigned request that this Compromise Agreement Agreement 6 and Release be approved Compromise 3 11. Upon approval of this Agreement by the 8 Workmen's Compensation Appeals Board or Referee and payment in 9 accordance with the provisions hereof said employee releases and 10 employer 10 forever discharges said and insurance carrier from all 11 claims and causes of action whether now known or ascertained or 12 which may hereafter arise or develop as a result of said injury 1313 including any and all liability of said employer and said insurance 15 dependents carrier and each of them to the heirs executors employee 15 representatives administrators or assigns of said 12. It is agreed by all parties hereto that the filing of filing 17 this document is the of an application on behalf of the employee and that the W.C.A.B. may in its discretion set the matter 1719 for hearing as a regular application reserving to the parties the 20 right to put in issue any of the facts admitted herein and that if hearing is held with this document used as an application the defendants shall have available to them all defenses that were available as 20W.C.A.B. W.C.A.B. may of the date of filing of this document and that the thereafter either approve said Compromise Agreement 24 and Release or disapprove the same and issue Findings and Award 27 after hearing decision has been held and the matter regularly , submitted for WWITINESTNESS 2/9 WITtNhEeSS 2/9 Sat fee Lo 4 signature a Calf day Calf Calf day this - day 4 of ral : Zz a Calf OL, , 7 . Ae ce : ' OG dwt, ATM Sag. WILLIAMC. Applicant MCCORHICK a ROSE CETY By CETY MARIAS MARIAS en en Attorneys Applicant Attorneys -4. MARTIN S. COLDFARB M. 9735 WILSHIAS WILSHIAS BOULEVARO BEVERLY HILLS CALIFORNIA 90212 TELEPHONE 8177 - INTERNAL MEDICINE AND CARDIOLOGY DIPLOMATE OF THE AMERI~ ANBQARO OF INTERMAL January 2 1969 INTERMAL MEDICINE Fireman's Fund American 3223 West Sixth Street Los Angeles California Insurance 90005 Companies 2. RE - Assured Thorpe Insulation "oi" Claimant William C. Compe ane y McCormick few Claim No B530C 950 222 re L 10-30-67 elas Gentlemen | At your request I examined Mr. William C. Dec. 30 1968. In addition McCormick at my offices on history physical findings I reviewed and the available medical file : My laboratory studies are as follows I CHIEF COMPLAINT Shortnesosf breath and easy fatigability II PRESENT ILLNESS Mr. McCormick had been for number of working different in the insulating field since companies type of work activity for these He had carried out the different companies ; 1943 same He felt well until Oct. of 1966. He shortness of breath and began episodes of dizziness easy while fatigability climbing to have complaints of He would have occasion occasional He also indicates that he had periodic the past 5-6 years He would episodes of coughing in work in the cough when he would first get to the morning and would have a cigarette cigarette away and start working He would He would throw cough during the day He continued to have complaints of shortness fatigability from Oct. 1965 until Oct. 1967 increasing complaints he was seen by Carlos thoracic surgeon of breath and easy Because of these Prietto M. D. a Dr. Prietto hospitalized him at the St. 1967. He complained of Francis Hospital in Oct. tiring easily together with shortness of breath and also a severe cough had also tightness occurring both day and night He and burning in the chest with wheezing Staff Staff J. CHANDLER we t : FT LA : William C. McCormick 1-2-69 Chest rays showed bilateral emphysematous bullae and he had left thoracotomy carried out a , ..... . The surgery was performed on Nov. 2 1967. This consisted of resection of the emphysematous bullae of the left upper lobe At the time of the surgery it was noted that one of the bulla was the size of a grapefruit and the other was about the size of _ an orange rays also indicated that underlying bronchiectasis at the bases _. was not excluded a - oor He had an electrocardiogram on Nov. 1 1967 which was within normal limits and he had an eventful clinical course after the surgery He had a second surgical procedure during a hospitalization in Feb. 1968. The left lung was operated on at that time with the : removal of emphysematous bullae A report by Dr. Prietto dated May 22 1968 indicated that Mr. McCormick was discharged was reviewed He to return to work - on and He felt it was acceptable to believe that his occupation and using asbestos for many years may be the cause of the fibrogenic disease with emphysema bullae resulting He felt the scarring in the . lungs would continue to progress He felt there was a 25-30 perce loss in each lung as that was the size of the bullae removed to Mr. McCormick returned work about 6 months prior to examination He worked in a my a period of about 5 weeks shipyard doing insulating work He was laid off but he does not the reason : for know , He was evaluated by Morton Kritzer M. D. on July 2 1968. Dr. Kritzer had pulmonary function studies carried out Shubin M. D. These showed by Herbert _ an increase in residual air volume compatible with the presence of either pulmonary cysts or pulmonar emphysema However the increase in the residual air volume was only of slight degree There was no delay in the helium equilibration time The findings were compatible with a history of resection of pulmonary cysts Chest rays were taken by Charles Weinstein at the Dr. Kritzer on July 3. These showed request of of the thoracic aorta also linear elongation and dilatation stranding in both upper lobes representing the residua of previous inflammatory disease The impression was that of mild pulmonary emphysema -2- O ) LA FF ( ) RE William C. McCormick 1-2-63 1-2-63 1-2-63 1-2-63 1-2-63 1-2-63 III Dr. Kritzer felt he had a pulmonary ventilatory deficit of moderate degree probably due to pulmonary emphysema and fibrosis He was also of the opinion that he had fibrosis possibly secondary to gastritis gastrointestinal problems He advised work where that he find some form of he was not asked to climb sedentary 10 stairs or do pounds also where he was not asked to walk excessive activity uw. - or sedentary lift anything over long distances or distances me He felt that working with asbestos over a dusty atmosphere contributed to his a period of 30 years in indicated that present condition He also smoking a pack of cigarettes per day over 25years' together with an inherent disposition to develop a type of emphysematous lung contributed to the condition He 75 to his occupation and 25 to underlying causes apportioned in Mr. McCormick workeadt another insulating job for Standard * for a period of about 2 weeks and then was laid Oil _ third time for a small off He worked a there for only 1 week insulating and company San Diego He worked was laid off about 3 weeks ago Mr. McCormick continues to complain easy fatigability and he feels that remaining about the same of shortness of breath his general complaints and are He has occasional When he sits down complaints of a dizzy this will subside spell when I climb PAST MEDICAL HISTORY A. Illnesses - see the present illness B. Injuries - none ; C. Operations - see the present illness IV SOCIAL HISTORY A. Alcohol > social drinker B. Tobacco - averaged 1 pack per day throughout his adult until the present illness Does not smoke at life C. Medications - none all at present , MARITAL HISTORY A. Wife - age 54 has a history of an B. 3 children - alive and well enlarged heart . VI FAMILY HISTORY B. 87 A.A. Mother - age alive and well Father - died of some type of heart trouble at the 4 brothers and 3 sisters - alive and well age of 89 C LA EF RE William C. McCormick VII OCCUPATIONAOCULPATIONAL as an insulator and has done 230 Mr. McCormick has worked He has worked for many compa work for the past 25 years of time He indicates that the workin been rel during this period of work he has done have ae eee and the type conditions similar for all these companies He indicates that he was also exposed to magnesium and K while working for the various companies . { He has not returned to work since the surgical procedure that he worked for the Thorpe Insulation Co He indicates a number of times over the past 20 years He worked for shortly before being hospitali for a period of 11 months . Oct. of 1967 ee He indicates Company were that his work activities with Thorpe about the same as they were with the Insula Insula other VIII He indicates that he would usually use furnished but on other jobs they would PHYSICAL EXAMINATION Ht 5'9 Wt 190 a mask when they not be furnished BP 114/78 P 86 The patient is a developed appearing his stated age of 57 no acute distress nourished white He is alert cooperati A. HEENT - the fundi are negative the pupils react to accommodation there is no nystagmus and auscultat B. Chest and lungs - clear to percussion chi are healed surgical scars nboottehd siindetshe posterior areas extending around rthoythm no murmurs or thrills C. Heart - regular sinus spleen not palpable no ma D. Abdomen - kidney liver or tenderness extremities > good peripheral pulsations E. Back and physiological no pathologi F. Neurological - reflexes are noted The remainder of the physical examination is essentia contributory LABORATORY blood count within normal limits A. Complete - millimeters per hour B. Sedimentation rate - 6 C. fixation - reactive -4- LA FF RE RE William C. McCormick 1-2-69 D. Uric acid > 3.6 milligrams E. Thymol turbidity - 3.6 milligrams percent F. Cephalin flocculation units G. reactive - O at 24 and 48 hours H. Blood protein - negative I. Blood sugar - fasting 104 milligrams urea nitrogen - 17.2 milligrams percent percent J. Vital K. capacity - 94 of normal Urinalysis - essentially negative . L. anterior of chest together with - shows mild emphysematous M. Electrocardiogrraemsid-uawlisthionf nboirlmaatlerallimtihtosracotomy - DIAGNOSES : changes A. Chronic bronchitis BC.. oPuplmeornaarty ievmpehysema mild chronic thoracotomy for emphysematous bullae DISCUSSION & CONCLUSIONS _ . : Mr. McCormick has the history of for a period of 25 years His working in the insulating field findings of asbestosis I ray does not show the characteri to indicate that can asbestosis see nothing in the available record - physicians It was was diagnosed by any of the St. Francis Hospitalnot read into any of the rays takenatattendtiheng _ Asbestosis gives the appearance and characteristic picture of a appearance irregular also thickening of the ground pleura with diffuse fibrotic changes None of a shaggy in the case of Mr. McCormick these is seen He has some findings of studies run at the pulmonary request of Dr. residual volume as only of slight emphysema The pulmonary functi Kritzer showed the increase in degree The chest ray taken by Charles radiologist shows only changes Weinstein of M. D. a diagnostic combination of these two mild pulmonary emphysema A pulmonary emphysema is milfdindiningdsegwroeueld indicate to me that his There is a number of factors and bronchiectasis as well contributing to his chronic bronchiti cigarette smoking throughoutas himsild pulmonary emphysema His factor There is adult life is the most well as pollutantsheirnedthietagreynetreanldency to develop this consdiigtniifoincaars atmosphere All of have combined to contribute to the these factor acceleration of his causation pulmonary condition aggravation and -5- / Lfl L "A , Lfl " William C. McCormick 1-2-69 work of His activities over a period 25 years and and and fumes have probably also been a contributing contributing contributing exposure to dust factor ccoonnttrirbuitbinugting factor Each of these years would probably have a similar effect on his lungs as far as aggravation and acceleration of his pulmonary process is concerned . I would apportion 60 of the causation of his pulmonary condition to Leeca, combination ' of cigarette smoking together pollutants = of in the atmosphere outside his work and would apportion 40 to work factors over a hpeerreidoidtarofy 2f5acyteoarrss inI which he was exposed to dust and fumes a His condition is permanent and stationary He is capable of carryi out light work activities on full time basis He work in the insulating field if he has an adequate rsehsopuilrdatoonrlyor wpirtohtoeucttivaedeqdueavtieceproHteecsthioounld avoid further dust or fume exposure There is no specific treatment indicated for his condition at the present time He may have superimposed infections from time to time which will require treatment However there is no indicatior for any type of treatment at the time of my examination If I may be of any further service or answer please do not hesitate to call on me any further questions Very truly yours Mats " gms Mats GOLDFARB Mats MARTIN S. okLFfg Mi a GOLDFARMB. 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