Document wrNm0B0kzLZRd2jMG9v1nRE1V

FILE NAME Manville JMA DATE 1965 DOC JMA127 DOCUMENT DESCRIPTION Contract Unit Claims File Carl Bailey WORKERS' COMPENSATION APPEALS BOARD - CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION prior to 1966 APPLICANT CARL BAILEY deceased Asbestos Worker by Nellie - CASE #LA #LA 288-822 DATE CLAIM FILED November 15 1965 INJURY ALLEGED Inhalation of foreign matter resulting in death ALLEGED DATE OF INJURY April 1935 to May 4 1965 dod EMPLOYER INSURER Fiberglass Corp./AETNA Casualty et.al. including M Corp./Travelers ' OTHER NOTES No apparent Canadian carrier Doctors reports discuss asbestosis DATE OF RESOLUTION August 9 1967 RESOLUTION Compromise & Release 10,000 settlemer Apportioned among 6 insurers & 2 employers DOCUMENTS COPIED 1 July '66 Med Rpt of McDonald to AETNA # OF PAGE 4 2 Sept. '66 Med Rpt of Schwartz to American 3 Motorists Ins Co. 3 Jan. '67 Med Rpt of Field to Applicant's Atty 2 4 Compromise & Release 5 5 Order Approving C & R 1 CLAIMANT _ Carl Bailey California Workers ; Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. oAmerican Automobile Ins Co. oAmerican Employers American Motorists Argonaut Ins Co. Ins Ins Co. Co. OAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange California Compensation & Fire Co. oCasualty Ins Co. of California Employers Liability Assurance Corp. Employers Mutual Liability Ins Co. of Wisconsin - _ oFidelity& Casualty Co. of New York Fireman's Fund Ins Co. _ . oGeneral Accident Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co. oGreat American Ins Co. . oHardware Mutual Casualty Co. oIndustrial Indemnity Co. Exchange Sentry Ins Co. oIndustrial Indemnity Exchange oInsurance Co. of North America oLiberty Mutual Ins Co. . OLumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. Mission Insurance Co. oNational Automobile & Casualty Ins Co. ONew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd Pacific Employers Ins Co. oPacific Indemnity Co. ; oReliance Ins Co. Standard Accident Ins Co. oRoyal Indemnity Casualty oSecurity Ins Co. of Hartford U.S. Casualty Ins oState Compensation Insurance Fund oTransport Indemnity Co. oThe Travelers Ins Co. Co. oThe United Pacific Ins Co. OU.S. Fidelity& Guaranty Co. oZenith National Ins Co. oZurich Ins Co. 00 5/81 mmf I WORKERS COMPENSATION APPEALS BOARD 2 STATE OF CALIFORNIA | 3 NELLIE W. BAILEY F&F CARL A. BAILEY DECEASED oh Applicant 4 09 VS. FIBERGLASS CORPORATION et al 7 CASE NO LA 288-822 CERTIFICATION 9 Defendant 10 111 1 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the records of this office in the entitled matter ATTEST my hand and the Seal of the Workers Appeals Board of the State of California Compensation Compensation Workers Compensation Judge . Workers Appeals Board Dated at San Francisco California this 23 day of March 1981 DIA WEAD PORN 115 NEW 1.75 me Tos DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF JAN MACDONALD M.O. 1 WILSHIRE BOULEVARD LOS ANGELES CALIFORNIA 90087 July 11 1966 | Eugene L. Stockwell Jr. Esq Weingand Kendig & Stockwell - 611 South Catalina Los Angeles California ~~. Dear Mr. Stockwell r"C,,arl & Bailey dec B3CC49374 file I have reviewed the massive medical relating to the late Mr. Bailey as follows - 8 admissions to St. Mary's Hospital in Long Beach California from 1962 to the time of his death on 5.4.65 autopsy protocol * office records of Arthur Beland MD and W.R. Lochausen MD films from numerous ray studies various microscopic sections report of investigation by Professional Adjusters with written statements from eral of the deceased's foremen etc. sev- The issues in this case are such that the most important evidence by far is that obtained from the findings at autopsy Any recital of illness unrelated to the cause of death would be irrelevant to your medicolegal problem in this case As I understand it the issues are 1. Did the occupation of the deceased contribute to the causation of his lethal disease 2. Specifically did his period of employment with Corning Fiberglass Corporation contribute to the cause of death To answer these questions I shall review the available evidence in the following fashion A. Cause of death as determined by autopsy with incidental findings - B. Evidence specific to this case , C. General Evidence A. Cause of Death The microscopic sections from the autopsy done on the year dec- eased on 5.5.65 with serial 81-65 from St. Mary's Hospital together with a review of the gross findings show the cause of death to have been a primary undifferentiated carcinoma of the right lung WITH met- astases to the opposite lung the adrenal glands and the liver The primary cancer had extended to involve almost C re Carl A. BAILEY . C 2 all of the right lung had grown through the pleural surface to involve the wall of the chest downwards to . the diaphragm and had spread to the left lung in the form of hundreds of small metastatic nodules There distant metastases of this cancer in the liver adrenal glands spleen and retroperitoneal nodes Incidental Findings lungs there 1. In both was an early stage of of of asbestosis This was apparent in the presence asbestos particles the majority of which were in the alveoli or air sacs with some chronic inflammation but no scarring - the signs of an early asbestosis 2. There was chronic emphysema fibrosis and secondary pneumonitis which were due to the cancer and its obstructive effect and not due to asbestosis B. Evidence Specific to this Case Here I shall review evidence related to the allegation that exposure to asbestos or some other material encountered in his occupation provided a cause of his lung cancer In particular such a claim will be exam- ined in reference to his employment by Corning . 1. Early Phase of Asbestosis As indicated in the autopsy report such asbestosis of the lungs as this subject had was early with most of the asbestos particles in the air sacs of the lungs If this fibrous mineral is a causative factor in lung cancer an unverified assumption as described under C the material would have to be within the substance of the lung and especially next to the bronchial tubes in which area this lung cancer bebgegaann 2. Short Employment with Defendant Company Between June and May , , when the lung cancer was first diagnosed the subject's total duration of than employment with Corning Fiberglass Corporation was less 2 years approx 23.25 months As will be cited later the interval between the origin cancer and the time it can be diagnosed when amounts to a median time of 8 years of a lung still early 3. No Exposure to Asbestos with Defendant - Although Mr. Bailey was classified as an asbestos wor- his employment with Corning is said not to have involved exposure ation of steam plants to asbestos He worked on insul- composed of a calcium silicate mineral wools and cement Asbestos is a hydrated calcium- magnesium silicate found in natural deposits in various forms such as chrysolite in U.S. and Canadian deposits It should be stated that the calcium silicate ref- erred to above is not the cause of the pulmonary disease called silicosis by definition only silicon dioxide can produce silicosis } C re Carl A. Bailey C 3 4. Smoking of Cigarettes One form of expo- sure now generally accepted as a cause of lung cancer is the use of tobacco in the form of cigarettes Stat- istics indicate that the risk of the disease increases with the amount smoked The history of this : subject indicates that he regularly smoked 2 packages of cig- arettes 40 per day until his lung cancer was diag- nosed in May 1964 ; 5. Duration of Life after Diagnosis of Lung when incurable Cancer This patient was inoperable or the diagnosis of lung cancer was first made on 5.15.64 because of involvement of the pleura with an effusion in which cancer cells were found He survived almost 12 . months from the time of diagnosis In such inoperable cases average survival is 8 to 12 months It is thus apparent that there was no unfavorable influence on the disease i.e. any alteration in its expected course after the the lung diagnosis was made This indicates that cancer was not subject to augmentation by any external factor <= occupational or otherwise cancer C.General Evidence Several items of general evidence are pertinent to the allegation of an occupational factor in the development of lung in this subject several years it has become possible Cancer estimate past with some 1. Natural accuracy the History of Lung Cancer duration of lung cancer In the from its earliest origin to the time at which it becomes diag- nosable by ray appearance This has been done by serial ray study of untreated cases which permitted a det- ermination of the time required for such a tumor to double in diameter doubling time or an increase in volume of eight By semilogarithmic charts of rate of growth it is possible to estimate the time at which the tumor originated as a microscopic cluster of cells is not readily apparent by ray a single cell Because a lung study until it or as cancer is 2 cm or more in average diameter the interval of time from origin to such a size has been used most often For the type of lung cancer found in Mr. Bailey or an undifferentiated carcinoma the median duration from its origin to an average diameter of 2 cm was in the order of 8 years The range of time for this in- terval was wide or from a minimum of 2.6 years to as long as 36 years : In the present case the cancer was far greater in size than the 2 cm level used above from 2 cm to the extent found at diagnosis in May 1964 had required a number of additional doublings Thus the minimum total life of this lung cancer was in the order of 5 years References Collins et al Am J. Roentgenol Rad Therapy & Nuclear Med 1956 988 Garland et 604 Cancer 1963 694 andA.J.R. R.T. & N.M. 1966 C re Carl A. Bailey ( 4 I 2. Asbestosis and Lung Cancer Although some authors have speculated on asbestosis as a cause of carcinoma of the lung can find no valid evidence of such an influence In one series the number of lung cancer in asbestos workers had increased from 1933 to 1963 the increase was no greater than the over all increase of in the incidence of lung cancer In two groups asbestos workers with20 to 25 years of exposure the incidence of carcinoma of the lung was less than for the general population of the United Kingdom as follows Lung Cancer No. Exposed Years Exposure Observed Expected 16 20 - 25 re} 0.20 80 more than 20 0 0.30 Reference Proc Royal Soc Med 59-60 The only form of malignant tumor with a credible relationship with asbestosis is mesothelioma of the = pleura a rare form of cancer even in asbestos workers Tohfisthetypleunogf cancer is entirely unrelated to carcinoma 3. Asbestosis in General Population Population In a recent report from Miami asbestos bodies were found in the sputum and smears from the lungs in 20 of males and 20 of females over 15 years of age coming to autopsy This is associated with increased use of asbestos and its presence in urban atmospheres and emphasizes the lack of _ relationship to carcinoma of the lung 4. With one exception similar diseases of occupational origin involving the lungs show no def- inite relationship to lung cancer These include sili- cosis fibrosis of the lungs from bauxite diatomites graphite mica talc beryllium and cotton dust The one exception is the anthracosis of coal miners and this may not be a valid effect relationship SUMMARY An undifferentiated carcinoma of the lung first diagnosed at an advanced incurable stage 5 years or more after the disease had its origin . There is no evidence that occupation factor or factors contributed to the origin of this lung cancer Hor is there any suggestion that any external factor exerted an . unfavorable effect on its course Very truly yours IM Ian Macdonald MD cc J.H. Morford Aetna Casualty & Surety Company  GEORGE SCHWARTZ M.D. 6020 WILSHIRE BOULEVARD BEVERLY HILLS CALIFORNIA Ce 90211 CARD OLOSY C American Motorists Insurance Company 3545 Wilshire Boulevard Los Angeles California 90005 September 28-1966 28-1966 ek Attention Mr. Ed Kairath Re Case 81 CM 7811ZC WCAB No. : 65 LA 288-822 Carl A. Bailey Deceased } J. T. Thorpe Inc. Gentlemen : 1 i At your request I reviewed the rather voluminous file referable to the above tioned case and herewith present my thinking as to causal relationship betweecnapt-he occupational activities of the decedent and his demise on 5/4/65 In view of the specific problem presented me that of a possible association between exposure to asbestos and the finding of early asbestos at Autopsy reflected upon th causation of death ( the chief diagnosis being bronchogenic carcinoma of the right lung with metastases ) I shall merely attest to the causation of specific periods of hospita ization ST MARY'S LONG BEACH MEMORIAL HOSPITAL ( Diagnosis and dates only ) 1 2 3 ) 5 5 7 8 3/23 thru 3/28/62 a Peribronchial pneumonitis 10/13 thru 11/2/62 -- Acute and chronic cholecystitis and cholelithiasis ( surge as Cholecystectomy ) 5/27 thru 6/12/63 -- Atherosclerotic abdominal aortic aneurysm and anemia 5/20 thru 5/29/64 -- Right pleural effusion with tumor cells in pleural fluid consistent with adenocarcinoma ( surgery as bronchoscopy ) 6/8 thru 6/9/64 --Metastatic adenocarcinoma in right pleural space pleu effusion pneumothorax secondary to previous thoracentesis thru 1/12/65 and pleura In tractable right chest due to carcinoma of the right lung 3/4 thru 4/2/65 -- Intractable right chest ( surgery as and rhizotomy C3 and 5 ) due to carcinoma of lung 4/29 thru 5/4/65 -- Metastatic disease bronchogenic as bronchogenic carcinoma cervical cordotomy C2 terminal of death NECROPSY EXAMINATION SUMMARY Necropsy examination in this 54 year old male shows widespread widespread undifferentiated bron genic carcinoma with multiple distant metastases and metastases to opposite lung The is in addition a generalized asbestosis that is still in the early stages with the major of the asbestos particles being within the alevoli Additional significant findings are chronic emphysema and fibrosis and pneumonitis secondary to the obstruction caused ? the tumor ; eae ( tf - ASBESTOS EXPOSURE GEORGE SCHWARTZ MD esso WILSHIRE BOULEVARD BEVERLY HILLS CALIFORNIA 90211 CARDIOLOGY C BaileyBailey Page It is reasonable to followiangssume more of the that the decedent was exposed to such inhalation in one or employment periods m 1 1937 thru 1942 -- Louis Fire Brick & Insulation Company 2 1942 -- short period work with Firestone Tire & Rubber 3 1942 thru 1946 -- Plant Rubber & Asbestos Works Company 4 1946 thru 1952 -- Marine Engineer & Supply Company 5 1952 thru 1957 - Thorpe Insulation Company 6 1955 thru 1957 -- interspersed interspersed with # Coast Insulating Products 7 Thorpe Insulation --9 months in 1958--9 months in 1959--9 months in 1960-- 6 months in 1961--6 months in 1963 --3 months in 1964 7 8 Corning Fiberglass 1961 thru periods interlocking with ; periods with Thorpe Insulating interlocking when the work was slack at Owens ing a An asserted investigation indicates that there was no exposure to asbestos inhalation Owens Corning and if this prove factual then such was the case However of import ( is the finding of asbestos particles in the alveoli air sacs of the lung ) and not within the substance of the lung and " especially next to the bronchial tubes in which area th lung cancer began " ( Dr. Macdonald ) In the presence of chronic emphysema fibros and atelectasis it is reasonable to assume that such particles ( asbestos ) have t both lodged and trapped within the alveolar sacs for short may a or long period of time to years even without their inclusion into the actual parenchyma of the lungs Further of import is the microscopical study which again negates the presence of asbestos particles in the lung parenchyma especially in the area of the bronchial tube altho as anticipated there were chronic inflammatory cells which may have been resultant of the foreign bodies within the alveoli or may as well have been resultant of t same adversity which caused the extensive acute and chronic inflammatory changes th out the lung fields Dr. Ian Macdonald's report leaves nothing wanting in negating the association of the asbestos particles and the causation of death one in which these foreign bodies likewi played no role in accelerating the malignant disease Dr. Macdonald's dissertation in paragraphs Al Bl Cl paragraph 3 which states a suspicioned minimum of 5 years of total life of the lung cancer but the maximum re- mained unstated C2 sentations negate the caused the demise C3 and C4 association is excellent and cannot be improved upon These pre of the asbestos particles and the disease entity which Dr. Macdonald's summation is explanatory I believe his medical thinking is facti and authoritative and will in substance negate for you any occupational association wit the causation of death There is no advantage to be gained from reiterating all that which is included in Dr. 2. ta ( GEORGE SCHWARTZ MD SEZO WILSHIRE SOULEVARD BEVERLY HILLS CALIFORNIA 9021 CARDIOLOGY C Baile Baile Page Macdonald's as well report since I am of a similar opinion and my conclusions are similar Pewee ewww enw ew wc weaw e en Thank you for the privilege of reviewing this file Very truly yours E-F George Schwartz M. D. mt . DIPLOMATE * o JOHN B. FIELD M.D. PH.D. DIPLOMATE AMERICAN BOARD OF INTERNAL MEDICINE NOX SAN MEDICAL BUILDING 465 NORTH ROXBURY DRIVE BEVERLY HILLS CALIFORNIA C C C CRESTVIEW 8-0433 r Steven Roseman 1621 Test Ninth St. Los Angeles Calif 90015 Lear Mr. Roseman January 7 1967 Re Carl A. Failey I have had the opportunity to study and review the extensive and eutopsy reports on the above In addition I have records rays a work record on Mr. Failey requested and received In brief this record documents the fact that for the lest 29 Failey worked in an atmosphere where he would be exposed to asbestos yeIarhsavMer.been informed that a fellow worker and personal acquaintance of Mr. described the latter's Failey's hed boxes under handling and working working with asbestos by removing it from dusty conditions cutting the asbestos and covering pipes and smoke stacks etc. with this same material Under these conditions asbestos dust was continually in the air on the outer garments and skin and = orifices In his last employment at the Owens entering the body Mr. Failey res also working with asbestos Corning Fiberglass Corporation After a prolonged illness Mr. Failey passed arey on May 4 1965 at which time ~ etailed autopsy revealed a bronchogenic carcinoma , a lung with numerous metastases as well as chronic originating in the right lower emphysema and fibrosis of the lungs as well as extensive acute and chronic inflammatory change with marke~ thickening of the pleura and -ithin the right lung - there is a fibrous granulomatous response that in areas extends out into peritronchial within these granulomatous areas there into the lung parenchyma are -- cylindrical particles which are inter to le astestos bodies ; Discussion I I have undertalen the opportunity to investigate and evaluate | of the extensive and growing literature on the subject of asbestos and some cancer and as many outstanding authorities have stated see in this situation an analogy to the exposure of the radium match dial workers and other industrial carcinogens The supportive literature is growing rapidly and the evidence is almost in favor of this association I can only quote a few of the overwhelming overwhelming erences many pertinent ref- Demy and Adlar in Somerset N. J. , the site of an askestos plant have accumulated 37 proven cases of asbestosis and lung carcinoma personal communication In Thoracic Diseases by E. H. Rukin and 11. Rubin W.F. Saunders Fhila 1962 462 Exposure to astestos is known to carry increased hazards for the p lung cancer On p 708 -210 lung cancer has been found as development of frequent complication of asbestosis in as high as 20 of the cases and as compared to exposure to sili- cosis where only 1.32 of the workers have been found to have lung cancer K. Doll Mortality Prom Lung Cancer in Aslestos Workers Frit J. Indust 12 31 1955 reported that 15 out of 105 asbestos workers died with Med and D.X.A. Heretether in the lung cancer Proceedings of the Third International Conference of Experts on Pneumoconiosio Spiney Australia 1950 reported 31 of 160 deaths in asbestos workers to be due to lung cancer J. R. Fignal's Fignall's Carcinoma of the Long LivingstonLievingstone Livingstone Livingstone , Edinburgh , 1050 p 5050 , It is evident therefore that lung cancer is a specific industrial hazard of asbestos forkers and in the two Mr. Steven Rossman -2- January 7 1967 volume Chest Diseases by K. M. Perry and Sir Thomas H. Sellors Futterworths London 1963 Vol 1 p 547 it is pointed out that in Germany carcinoma of the lung in asbestos workers is now recognized as an industrial disease pleura Perhaps one of the most authoritative sources of reference now available is in the Annals of the New York Academy of Sciences 1965 , Tol 132 p 1-766 which is a Conference On The Piological Effects Of Asbestos and which devotes the section from p 507 to p 655 on the relationship betreen asbestos cancer In brief in an article by Euchanan p 517 it is and is in England a high and increasing relation of lung cancer pointed in out that there both male and female and The conclusion of asbestos workers a study is that even then viewed against the steadily rising incidence of lung cancer in the population as whole there seems little doubt that there is a a special risk of an intrathoracic tumor if asbestos is also present in the lung In the United States Selikoff and Churg p 523 report that in a study of deaths of New Hammond asbestos insulation workers 20 died of carcinomas Similar reports from other parts of the world of the lung or York City Dresden asbestos are given including that of morkers p 573 and other areas Finally the Working Group . - on Asbestos and Cancer plotting a protocol for further study p there is evidence of association between exposure to asbestos 710 states neoplasia The types of tumors which have been shom to be asasndocimaatleidgnwaintth exposure to asbestos dust are of the 1. Carcinoma of the lung 2. Diffuse mesothelioma pleurs and peritoneum Another outstanding world authority on occupational cancers 7. C. Hueper Tho has objectively detailed much of the relevant information in a Occupational and Environmental Cancers of the new monographmonograph Verlag New York 1966 p 47 concludes that ARletshpoiurgahtorcayncSeyrstofemtheSplruinngger- does not seem to be the most frequent fatal complication of asbestosis it is aenvdidtehnetrleyfosrueffiisciaentsleryiofurseqsueenqtuelfaorofeleexvpaotsiunrge thtoe alusnbgecsatnocesr rate as , group In a discussion of the clinicopathologic relations Hueper indicates that it is characteristic that the lung cancer tegin in the lower lobes is associated with a thickening of the pleura has associated fibrosis and the astestos bodies presence of In all of these items there is a distinct correlation in the autopsy findings on Mr. Failey Thus it is my considered professional belief that the long and continued exposure to asbestos by Ifr Failey mas a direct and probable cause of his probable nent of cancer of the lung which brought about his demise develop- Trusting that this report is of assistance to you Very truly JTF JTF : enc enc Te mmwrmeen Oe ate ST tee eee ce +. ame Sa re oe. oem ee pe see, TI ee eee ee ( ( oo r WEINGAND Attorneys 611 South KENDIG & at Law Catalina STOCKWELL Los Angeles California 90005 Telephone 385-8087 Attorneys for Aetna Casualty & Surety Company . PROCESS ACIDENTSTEDS PROCESS PROCESS AC IDENTSTEDS 9 ACIDENTSTEDS 222222 222222 222222 222222 222222 222222 16 17 1 2 2 21 22 NNNNNNN NNNNNNN NNNNNNN NNNNNNN NNNNNNN NNNNNNN NNNNNNN W w 32 | | ADDRESS - INSERT "N . INSERT ANGELUS BEFORE THE WORKMEN'S COMPENSATION APPEALS BOAR ANGELUS . OF THE STATE OF CALIFORNIA NELLIE W. BAILEY WIDOW Rat Sl Applicant a a VS. Beal Sarl FIBERGLASS CORPORATION et al Saget and Saal MANVILLE SALES CORPORATION Sd Meet Defendants Net et CASE NO 65 LA 288 822 COMPROMISE AND RELEASE AGREEMENT The parties hereto for the purpose of compromise only agree as follows 1. The named applicant claims that CARL A. BAILEY while employed at various locations in California between 1935 and May 30 1964 by various employers then insured as to Workmen's Compensation Liability by various insurance companies sustained injury arising out of and occurring in the course of such employ- ment as follows By reason of inhalation of asbestos particles and other materials and by reason of stress and strain and general exposure to conditions of employment he sustained internal injuries including injuries to his lungs and other injuries symptoms conditions and complaints 2. The death of said employee occurred on May 4 1965 as a result of claimed injury -1- . OO TO eet e enere 3. The 1 dispute claimed actual weekly wages injury were in of the employee at the time of the while average weekly wages were 3 in dispute 4 5 a 7 o 10 11 12 13 14 15 16 4 Payments of compensation to the employee in his lifetime on account of the claimed injury were none t 5. The applicant herein claims to have employee at the time of said injury and been dependent upon said states the names ages relationship to employee to have and the been as extent of follows dependency upon said deceased NAME NELLIE W. BAILEY AGE Over 21 RELATIONSHIP Wife EXTENT OF DEPENDEN Total Applicant represents there were no other dependents upon the deceased employee 17 18 19 20 21 22 23 24 25 26 27 28 29 WN 31 6. The parties agree to settle any and all claims of said dependent on account of the claimed injury and death of said employee by payment of the sum of 10,000.00 payable as follows To the applicant in one lump sum less Less 250.00 payable to Doctor John B. liens if any of record said sum of attorney's Field 10,000.00 fees to be less contribute to as follows AETNA CASUALTY & SURETY COMPANY ~ AMERICAN MOTORISTS INSURANCE COMPANY - ARGONAUT INSURANCE COMPANY PACIFIC EMPLOYERS INSURANCE COMPANY _ CALIFORNIA COMPENSATION & FIRE COMPANY - FIREMAN'S FUND INSURANCE COMPANY ~~ PLANT RUBBER & ASBESTOS WORKS -~ MANVILLE SALES CORPORATION os ' 1,476.00 2,365.00 742.00 1,796.00 805.00 1,753.00 1,038.00 25.00 32 TOTAL CONTRIBUTIONS 10,000.00 -2-  :( . I 7. The parties agree that medical hospital and burial expense 2 required by reason of the alleged injury and death of the 3 employee shall all be borne by the applicant and none by the q defendants Paes 5 6 8. The name and address of the applicant's attorney is 7 Steven Roseman 1621 West 9th Street Los Angeles California 8 who requests a fee of $ 1.250.00 9 having been previously 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23 25 26 27 28 29 30 31 9 Reason for Compromise The defendants and each of them deny that the deceased employee sustained injuries arising out of and occurring in the course of his employment and further deny that if injury was sustained that the same was the proximate cause of the death of the employee as alleged Defendants and each of them contend that the employee's disability and ultimate death resulted from existing and industrial conditions By this settlement the applicant hereby releases all employers of the deceased employee during the course of his lifetime from any claims of industrial injury or by reason of the claim of industrial injury herein This release extendtso said employers whether the same have been previously ascertained and joined in these proceedings or otherwise whether said employer was insured uninsured or permissibly self insured and this release extends further to any and all insurance carriers of any of said employers whether or not ascertained and previously joined herein or whether or not contributing toward the settlement herein ---- resolve the many legal and factual issues involved in litigation of this matter and to avoid the hazards and delays of litigation the parties make this settlement 32 10. The undersigned request that this compromise agreement -3- FM ye nme 1 and release be approved 2 3 Fe 5 -- 7 8 oo 10 11 law Upon approval of this compromise agreement as and payment in accordance with the provisions provided by of said orde of approval said applicants and each of them do hereby release and forever of and from discharge said employers and all claims demands actions said insurance compani or causes of action o every kind or nature whatsoever on account of or by reason of as the injury and death sustained aforesaid by the employee an in particular of any all and every claim or cause of action 1111 which the undersigned heirs executors representatives or administrators may have had now have or shall hereafter have 13 13 against said employer said insurance carriers and each of 14 14 them under Division IV of Labor Code of the State of California 15 15 16 16 12 It is agreed by all parties hereto that the filing of this 17 17 document is the filing of an application on behalf of the applicant that it may be set for hearing as a regular applicati in 19 reserving to the parties the right to put issue any of the 2020 facts admitted herein and that if hearing is held with this 21 21 document used as an application the defendants shall have 22 available to them all defenses that were available as of the 23 date of filing of this document and that it may thereafter be 24 approved disapproved or a decision issued after a hearing has 25 been held and the matter regularly admitted 26 WITNESS 27 the signature hereof this 28 1967 at 29 day of 30 31 WITNESSES . 32 The ~ %y w . applicant's signature nT must be attested two STEVEN Accent TOE FOR by disin- terteeresstedted terested god god god before before cate ee es oom Cee eeeeeay i ee ee - 2 AMERICAN MOTORISTS INSURANCE COMPANY 3 ia Representative GINNOCCHIO TAYLOR Fe ARGONAUT INSURANCE COMPANY ZONNI , . 5 6 7 7 THOMAS PACIFIC EMPLOYERS INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY , PERKINS BALDWIN & , 9 By CALIFORNIA THOMAS CORRECT ep 10 COMPENSATION & FIRE Aucz ACHMENTS 11 CLOPTON 9 PROCESS Mr. Penny 12 Clopton 13 Hav INSURANCE INSURANCE 14 By Hav INSZURAN-CE ANGE3L Hav Representative PARRAFINE COMPANY 15 Representative 16 PABCO PRODUCTS PLANT RUBBER & ASBESTOS WORKS 17 PHLEGER & Rinald Sci HARRISON 18 By Rinald Rinald Rinald Rinald Sci Sci fi Their Attorneys 2 Their CHCH7 2 AETNA CASUALTY & SURETY COMPANY, STOCKWELL STOCKWELL 2 elr Attorneys 22 MANVILLE SALES CORPORATION A Insured 2 Division MANVILLE a Corporation Self HERLIHY & HERLIHY , 2 By Chan Chan aaTRL 2 Their Attorneys 26 a er 2 28 29 30 31 32 -5- wee. + Neagrees 0 ee. + +27 ermine Ome, 5 OF RELATIONS DEPARTMENT INDUSTRIAL a) . DIVISION OF INDUSTRIAL ACCIDENTS WORKMEN'S COMPENSATION APPEALS BOARD STATE OF CALIFORNIA NELLI W. BAILEY CASE 65 LA 293-822 Applicant VS. FIBERGLASS CORPORATION et al ) Approving Order Compromise and Release ; Defendants hom ee ove tetas ee 8-11-67 8-11-67 55 Loe aee After evaluation of the allegations in the Compromise and Release referred to hereinafter and the facts set forth in the medical reports and medical records filed herein it is my opinion the proposed settlement is adequate previously The parties to the entitled action have filed a Compromise and Release herein on August 9 1957 settling this case for $ 10,000.00 in addition to all sums which may have been paid and this Board approved and requesting that it be approved finds that it shohualvdinbge caopnspirdoevreedd tahendentire record , including said Compromise and Release now IT IS ORDERED that said Compromise and Release is approved Award is made in favor of NELLIE W. BAILEY Company Against The Aetna Casualty & Surety Company American Motorists Insurance Company Argonaut Insurance Company ; Facific Employers Insurance Company California Compensation & Fire Company Fireman's Fund Insurance Zant Rubber & Asbestos Perry Co./Pabco Products ; Ma^-vill Payable as follows Sales Corporation By American Motorists Insurance Company . To Fayable as By : a , Steven Roseman as attorney's fee Steven Roseman for costs advanced John 3. Field M.D. : Nellie W. Bailey applicant follows to applicant The Actna Casualty & Surety Company Argonaut Insurance Company Pacific Employers Insurance Company California Compensation & Fire Company Fireman's Fund Insurance Company Hant Rubber & Asbestos Works et al Manville Sales Corporation 1,250.00 68.50 250.00 795.50 1,476.00 742.00 1,736.00 805.00 1,75 1,033.00 22.69 DATED AT 100 TELES AUG 11 . CALIFORNIA AUG 1967 pene eg Tee Faye 11 eee S Yas tt 330 00 011 Referee WORKMEN'S SERVED BY MAIL ON PERSONS SHOWN ON THE OFFICIAL ADDRESS RECORD Date oe wee aes fitmal By fitmall fitmall fitmall fitmall Edg Edg Ot, Edger OMPENSATION APPEALS EdgerEdger Edger FORFM ORM38E 2 FORR M382LY ey, teat ~- , 81-86 ae ee - 3069-853 Fa RW one . vem ewe oe rs ed ' WORKERS COMPENSATION INDUSTRIAL ACCIDENT APPEALS APPEALS BOARD - CALIFORNIA COMMISSION prior to 1966 APPLICANT APPLICANT APPLICANT WILLARD R. CRADER deceased by spouse Asbestos Worker Lola CASE # POM 1939 DATE CLAIM F~ LED Dec. 17 1964 INJURY ALLEGED Injury to lungs injury due to exposure to irrit ALLEGED DATE OF INJURY January 1938 - March 3 1964 EMPLOYER INSURER Fiberglass Engineers Casualty et al including M Travelers No _ apparent Canadian insurer : OTHER NOTES Autopsy cerebral aneurism DATE OF RESOLUTION April 20 1967 RESOLUTION Compromise & Release 7,500 settlement apportioned among 2 employers insurers DOCUMENTS COPIED Compromise 1 Compromise & Release 2 Order Approving C & R # OF PAG 4 4 _ CLAIMANT Willard R. Crader 3 California Workers Compensation Appeals Board CARRIERS INVOLVED The AETNA Casualty & Surety Co. oAmerican Automobile Ins Co. oAmerican Employers Ins Co. American Motorists Ins Co. oArgonaut Ins Co. OAssociated Indemnity Corp. California Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. oCasualty Ins Co. of California Employers Liability Assurance Corp.Ltd Wisconsin Fidelity Employers Mutual Liability Ins Co. of _ & Casualty Co. of New York ' Fireman's Fund Ins Co. General Accident Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. Guarantee Insurance Co. oGreat American Ins Co. oHardware Mutual Casualty Co. Sentry Industrial Indemnity Co. oIndustrial Indemnity Exchange oInsurance Co. of North America Ins Co. Liberty Mutual Ins Co. oLumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. Mission Insurance Co. National Automobile & Casualty Ins Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp. Pacific Employers Ins Co. oPacific Indemnity Co. Reliance Ins Co. oRoyal Indemnity Standard Accident Ins Co.) oSecurity Ins Co. of Hartford U.S. Casualty Ins State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins Co. oo. Co. oThe United Pacific Ins Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins Co. oZurich Ins Co. co$o 5/81