Document wrYp0bge14xREdLEpNdL0QgKo

FILE NAME: Contract Unit Workers Comp Claims (WCC) DATE: 1965 DOC#: WCC048 DOCUMENT DESCRIPTION: Workers Comp File - Baily, Carl File Name Contract Union Claim File: Carl Bailey Nov. 15/65 Scanned ? yes Source JMA: NS-JM Start Year 1965 Stop Year 1965 Contents claim Notes WORKERS' COMPENSATION APPEALS BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSION, prior to 1966) APPLICANT CARL BAILEY (deceased) by spousaNellie CASE # LA 288-822 Asbestos Worker 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 J-M Corp./Travelers OTHER NOTES No apparent Canadian carrier Doctors' reports discuss asbestosis DATE OF RESOLUTION August 9, 1967________________________________________ RESOLUTION ________ Compromise & Release_________________ $10,000 settlemei Apportioned among 6 insurers & 2 employers__________ # OF PAGr DOCUMENTS COPIED D July 11,' 66 Med Rpt of McDonald to AETNA__________ 4 2) Sept. 28,'66 Med Rpt of Schwartz to American 3 Motorists ins. Co. 3) Jan. 7,'67 Med Rpt of Field to A p p l i cant's A tty 2 4) Compromise & Release 5 5) Order Approving C & R 1 A CLAIMANT W f Sailfcu______________ _ _ ___________ California Workers' Compensation Appeals Board CARRIERS INVOLVED: The AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. oAmerican Employers Ins. Co. American Motorists Ins. Co. Argonaut Ins. Co. oAssociated Indemnity Corp. California Casualty Indemnity Exchange California Compensation & Fire Co. oCasualty Ins. Co. of California oEmployers Liability Assurance Corp.Ltd. oEmployers 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. (Sentry Ins. Co.) olndustrial Indemnity Co. olndustrial Indemnity Exchange olnsurance Co. of North America oLiberty Mutual Ins. Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. oMission 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 oSecurity Ins. Co. of Hartford (U.S. Casualty Ins. oState Compensation Insurance Fund oTransport Indemnity Co. oThe Travelers Ins. Co. oThe United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. ozurich Ins. Co. ...... Co.) . o ________________________________________ o ______________________________________________________ o o _____________________________________________ _________________________ o R/Rl 1 WORKERS' COMPENSATION APPEALS BOARD 2 STATE O F CALIFORNIA 3 KELLIE V. BAILEY 4 CARL A. BAILEY (DECEASED) Case No. LA 288-622 5 Applicant 6 vs. 7 FIBERGLASS CORPORATION, et al. CERTIFICATION 8 9 Defendant 10 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the records ' 13 of this office in the above-entitled matter. 14 ATTEST my hand and the Seal of the Workers' Compensation 15 Appeals Board of the State of California. 16 17 18 19 20 cers Compensation Judge Workers Compensation Appeals Board 21 Dated at San Francisco, California, this 23 day of arch 198/1 ftCPAirrwtwT er iwaatw** W VIStOM e r tNftUCTM Afc A 0C IM M T c c IAM M a c o o m a u o . m . d . i*ao wicbh>ic aoukCVANo 10 a a n q ilk , CMireimiA boob? July 11, 1966 Eugene L. Stockwell, Jr., Esq. Weingand, Kendig & Stockwell 611 South. Catalina Los Angeles, California . Dear Mr. Stockwell: re: Carl A Bailey (dee.) 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, HD and - W.R. Lochausen, MD - films from numerous x-ray studies - various microscopic sections. - report of investigation By Professional Adjusters, with written statements from sev eral of the deceased's foremen, etc. 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 Owens-Coming 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, incidental findings. B. Evidence specific to this case. C. General Evidence. with A. Cause of Death. The microscopic sections from the autopsy done on the 54-year-old dec eased on 5.5.65., with serial #A-8l-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 were.distant metastases of this cancer in the liver, adrenal glands, spleen and retroperitoneal nodes. Incidental Findings. 1 . In tooth lungs there was an early stage of of asbestosis. This was apparent in the presence of 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 ashestosis. 2. There was chronic emphysema, fibrosis and secondary pneumonitis which were due to the cancer and its obstructive effect, and not due to ashestosis. 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 Owens-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 assum ption 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 began. 2. Short Employment with Defendant Company. Between June 1961 and May 1 7 , 1964, when the lung cancer was first diagnosed, the subject's total duration of employment with Owens-Corning Fiberglass Corporation was less than~2 years (approx. 23.25 months). As will be cited, later, the interval between the origin of a lung cancer and the time it can be diagnosed when still early, amounts to a median time of B years. 3. No Exposure to Asbestos with Defendant. Although Mr. Bailey was classified as an "asbestos wor ker, "his employment with Owens-Corning is said not to have involved exposure to asbestos. He worked on insul ation of steam plants, composed of a calcium silicate, mineral wools and cement. Asbestos is a hydrated calciummagnesium 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 fora 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 Cancer. This patient was inoperable, or incurable, when tbe diagnosis of lung cancer was first made on 5 .1 5 .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 diagnosis was made. This indicates that the lung cancer was not subject to augmentation by any external factor, occupational or otherwise. C.General Evidence. Several items of general Evidence are pertinent to the allegation of an occupational factor in the development of lung cancer in this subject. 1. Natural History of Lung Cancer. In the past several years it has become possible to estimate with some accuracy the duration of lung cancer from its earliest origin to the time at which it becomes diagnosable by x-ray appearance. This has been done by serial x-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-fold. By semilogarithmie charts of rate of growth, it is possible to estimate the time at which the tumor originated as a single cell, or as a microscopic cluster of cells. Because a lung cancer is not readily apparent by x-ray study until it 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, 76:988. Garland et al, Cancer, 1963 16:694, andA.J.R., R.T. & N . M . , 1966, 96:604.) c re: Carl A. Bailey c - 4 - 2. Asbestosis and lung Cancer. Although some authors have speculated on asbestosis as a cause of carcinoma of the lung, I 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 in the incidence of lung cancer. In two groups of 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 0 0.20 80 more than 20 0 0.30 (Reference: Proc. Royal Soc. Med. 1966:59:59-60.) 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. This type of cancer is entirely unrelated to carcinoma of the lung. 3. Asbestosis in general 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 definite 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 cause-and-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. Ilor is there any suggestion that any external factor exerted an unfavorable effect on its course. Very truly yours, Ian Macdonald, MD IM:ec cc: J.H. Morford Aetna Casualty & Surety Company c c GEORGE SC H viRTZ. M.D. 2 0 W ILBHIHC OOUUEVAHO C V tftL V H ILLS. C A L ' 0 * N IA * 0 2 1 I CAAOIOLOOV A m erican M otorists Insurance Company 3545 W ilshire B oulevard Los A ngeles, C alifornia 90005 Attention: M r. Ed K airath G entlem en: S eptem ber 2 8 c 1966 ' =-. jr Re: Case No. 81C M 7811ZC WCAB No. : 65 LA 288-822 C arl A. Bailey( Deceased ) J. T. Thorpe Inc. j . , At your request, I review ed the rather voluminous file referable to the above cap tioned case, and herew ith present my thinking as to causal relationship between the occupational activities of the decedent and his dem ise on 5/4/65. In view of the specific problem presen ted m e, that of a possible association between* exposure to a sb e sto s, and the finding of 'e a rly a s b e s to s 1 at Autopsy, re fle c ted upon t: causation of death ( the chief diagnosis being bronchogenic carcinom a of the right lunj w ith m e ta s ta s e s ), I sh a ll m e re ly a tte s t to the cau satio n of sp ecific p erio d s of hospita ization. ST. MARY'S LONG BEACH M EMORIAL HOSPITAL: ( Diagnosis and dates only ) (1) 3/23 th ru 3 /2 8 /6 2 - - P e rib ro n c h ia l pneum onitis (2) 10/13 th ru 1 1 /2 /6 2 - - A cute and ch ro n ic c h o lecy stitis and c h o lelith iasis ( surge as Cholecystectomy ) (3) 5/27 th ru 6 /1 2 /6 3 - - A th e ro sc le ro tic abdom inal a o rtic a n eu ry sm and anem ia (4) 5/20 th ru 5 /2 9 /6 4 - - Right p leu ral effusion w ith tu m o r cells in p leu ral fluid consistent with adenocarcinom a ( su rg e ry as bronchoscopy ) (5) 6 /8 th ru 6 /9 /6 4 --M e ta s ta tic ad en o carcinom a in rig h t p le u ra l s p a c e --rig h t pleu effusion--right pneum othorax, secondary to previous thoracentesis (o) 1 /6 /th ru 1 /1 2 /6 5 - - In tra c ta b le rig h t c h e st due to c arcin o m a of the rig h t lung and pleura (7) 3 /4 th ru 4 /2 /6 5 - - In tra c ta b le rig h t c h e st ( 6 u rg e ry as c e rv ic a l cordotom y, C2 and rhizotom y, C 3,4 and 5 ) due to carcinom a of lung (8) 4/29 th ru 5/4/65 -- M e tastatic d ise a se , bronchogenic, te rm in a l--C a u s e of deati as bronchogenic carcinom a. ' NECROPSY EXAMINATION SUMMARY^ N ecro p sy exam ination in this 54 y e a r old m a le shows w id esp read u n d ifferen tiated bro:. genic c a rc in o m a with m u ltip le d istan t m e ta s ta s e s and m e ta s ta s e s to opposite lung. Tr. is, in addition, a generalized asbestosis that is still in the early stag es with the m sjo: of the asbestos particles being within the alevoli. Additional significant findings are chronic emphysema and fibrosis and pneumonitis secondary to the obstruction caused the tum or. c GEORGE SCHWARTZ, 1LD. S O WIUAWIHC BO U IC V A A Q CVCKUV MILL*. CAUrORNIA *021 CA N QIOI.OOV Baile Page AS BESTOS^ E X POSURE: It is reasonable to assum e that the decedent was exposed to such inhalation in one or m ore oi the following employment periods: (1) 1937 th ru 1942 -- Louis F ire B ric k &: In su latio n Company (2) 1942 - - s h o rt period w ork with F ire s to n e T ire it R ubber Company (3) 1942 th ru 1946 - - P la n t R ubber & A sbestos W orks (4) 1946 th ru 1952 - - M arine E n gineer it Supply Com pany (5) 1952 th ru 1957 - - T horpe In su latio n Company (6) 1955 th ru 1957 - - in te rs p e rs e d w ith # 5--C o a s t In su latin g P ro ducts (7) T h o rp e In su latio n --9 m onths in 1958--9 m onths in 1959--9 m onths in 1960-- 6 m onths in 1961--6 m onths in 1963 --3 m onths In 1964 (8) O w ens-C orning F ib e rg la s s --J u n e 1961 th ru 5 /1 7 /6 4 - -p erio d s interlocking with periods w ith T horpe Insulating interlocking when the work was slack at Owens-C jag An a sse rte d investigation indicates that th ere was no exposure to asbestos inhalation ; O w ens-C orning; and if this prove factual, then such was the case. However', of im por is the finding of asbestos particles in the alveoli ( a ir sacs of the lung ) and not within the su b sta n ce of the lung and " esp e c ia lly next to the b ro n ch ial tubes, in which a re a tk lung can cer began " ( D r. M acdonald ). In the p resen ce of chronic em physem a, fibros and atelectasis, it is reasonable to assum e that such particles ( asbestos ) may have 1 both lodged and trapped within the .alveolar' sacs for a short or long period of tim e--i to y ears, even without th eir inclusion into the actual parenchym a of the lungs. F u rth er, of im port, is the m icroscopical study which again negates the presence of a s b e sto s p a rtic le s in th e lung parenchym a, e sp e c ia lly in the a re a of the bronchial tub altho, as anticipated, there w ere chronic inflam m atory cells which may have been r e sultant of the foreign bodies within the alveoli, or m ay as w ell have been resultant of sa m e a d v e rsity w hich cau sed th e exten siv e acute and ch ro n ic in flam m ato ry changes th out the lung fields. D r. Ian M acdonald's rep o rt 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 m alignant disease. D r. M acdonald's d issertatio n in paragraphs A l; B l; C l, paragraph 3 which states a suspicioned m inim um of 5 y ears of total life of the lung cancer, but the m axim um r e m ained unstated; C2; C3; and C4, is excellent and cannot be im proved upon. These pr sentations negate the association of the asbestos p articles and the disease entity whici caused the dem ise. D r. M acdonald's sum m ation is self-explanatory. I believe his m edical thinking is fact and a u th o rita tiv e , and w ill in su b stan ce negate for you any occupational asso ciatio n w_ the causation of death. T here is no advantage to be gained from reiteratin g all that which is included in Dr, f C GEORGS SCSWURTZ, M.D. S O W lU iH IM K O U C rV A X O IV CSLV H IU U . CALIFORNIA O U T CAAO lO LO O V Baile Page M acdonald's rep o rt since I am of a sim ila r opinion, and m y conclusions are sim ilar as well. Thank you for the privilege of reviewing this file. Very truly yours, G eorge S chw artz, M . D. GS:mt c c JOHN B. FIELD. M.D.. Ph.O. tD M A T f AMCftlfiAN M *H O OF IN T I* * * * . MKPIC'NC max S A N M C O IC A U S U lW D tN S AO N O RTH JQOXSURY OStVC O C VtR U Y H IL L *. C ALIFO R N IA CRCrrviCW 9*0633 . ,,R-C.rEtjvEt--o '7C.ir's-S'R, '' ; J/.:; IQ .... ` '< DO January 7, 1967 '.'I. Steven Roseman 1'21 Test I:inth St. Los Angeles, C alif <>0015 le e r ibr. P.oseaan: Re: C arl A. Failey C::..-c7t-:' ^ r 1 have had the opportunity to study and reviev; the extensive reco rd s, x-rays and autopsy re p o rts on the above. In a d d itio n , I have requested and received a work record on tir. 1a lle y . In b r i e f , th is record documents the fa c t th a t fo r the la s t 23 years Ur. Bailey worked in an atmosphere where he would be exposed to asbestos. I have teen in f or nsa th a t a fellow worker and personal acquaintance of Ur. F a ile y 's hac described the l a t t e r 's handling and vorkins with asbestos ky removing i t from boxes under custy conditions, c u ttin g the asbestos and covering pipes and smoke stack s, e tc . with th is sane n2t e r i a i . fr e e r th ese conditions asbestos dust "as c o n tin u ally in the a i r , on the outer garments and skin and entering the body o r if ic e s . In his la s t employment a t the Owens Corning F iberglass Corporation Ur. 7a lle y was a lso working with asb esto s. A fter a rrcioacec illn e s s .'tr . r a lle y uasssc. a^ay on May , 1965 a t which tin e a d e ta ile d autopsy revealed a bronchogenic carcinoma o rig in atin g in th e rig h t borer lung with numerous m stastases as r e i i as chronic emphysema and fib ro s is of the lungs as v e il as "extensive acute and chronic inflammatory change w ith narked thickening of the pleura" and "w ithin the rig h t lung -- there is a peribronchial fib ro u s granulomatous response th a t in areas extends out into the lung parenchyma, " ith ir. these yranulonntous areas th e re are -- c y lin d ric a l p a rtic le s " which are in te rp re te d to be asbestos bodies. Discussion; I have undertaken the opportunity to in v estig ate and evaluate sons of the e:ter.sive and growing lite r a tu r e on the subject of asbestos and cancer and as many outstanding a u th o ritie s have s ta te d , see in th is situ a tio n an analogy to the exposure of the radium watch d ia l workers anc other in d u s tria l carcinogens. The supportive lite r a tu r e is growing ra p id ly and the evidence is almost overwhelming in favor of th is a sso c ia tio n . I can only quote a few of the many p ertin en t r e f erences. Deny and Adler in Somerset, i!. J . , the s ite of an asbestos p la n t, have accumulated 37 proven cases of a sb esto sis and lung carcinoma (personal communication). In "Thoracic D iseases" by 2 . H. F.ur.in and U. ?.ubin, 77.?. Saunders, F h ila ., 1962, p. 62 "Ixposure to asbestos is known to carry increased hazards fo r the development of lung cancer." On r . 70?. -^10 "lung cancer has been found as a frequent complication of asb esto sis in as high as 203 of the cases" and as compared to exposure to s i l i co sis where only i.32'1 of the workers have Veen found to have lung cancer. K. D oll: "M ortality Dron Lung Cancer in Asbestos Workers", ? r i t . J . In dust, .'bed., 12, 31, 1955, reported th a t 15 cut of 105 asbestos workers died with lung cancer ar.c D.K.A. Merer eth er in the Proceedings of the Third In te rn a tio n a l Conference of Experts or. Pneumoconiosis, Sydney, A u stralia, 1950} re;.vortec 31 of 160 deaths in asbestos '"orke: s to be cue to lung cancer. In J . ?,. i i g n a l l 's "Carcinoma of the Lvr.g", Livinostoni , l t d . , Ldinburgh, l f 3 , p. 50, " I t i s evident therefo re th a t bun-' cancer is a smecifie in d u s tria l hs sard of asbestos "cr'/ers" and in the two Ur. Steven i.oseman -2- January 7, 15c7 volume "Chest Diseases" by r . Ferry and S ir `hemes H. S e llo rs, F u tte rv c rth s, London, 1963, Vol. 1, p. 547, i t is pointed out th a t in Germany carcinoma of the lung in asbestos workers is nor recognised as an in d u stria l disease. Ferhans one of the r.ost a u th o rita tiv e sources of reference nor av ailab le is in the Annals of the liev; fo rk Academy of Sciences, 165, Vol. 132, p. 1-766, rh ic h is a Conference On The F io io g ic a l E ffe c ts Of Asbestos and which devotes th e section from p. 507 to p. 6S5 on the re la tio n s h ip betreen asbestos and cancer. In b r ie f , in an a r tic le by Euchanan, p. 517, i t is pointed out th a t th e n i s in England1a high and increasing re la tio n of lung cancer in asbestos workers both sa le and fe ra le and "The conclusion of a study is th a t even when viewed against the ste a d ily risin g incidence of lung cancer in the population as a whole, there seens l i t t l e doubt th a t there is a special risk of an in trath o racic tumor i f asbestos i s also present in the lung." In the United S tates Ha,-none, S e lik o ff and Churg, p. 523, rep o rt th a t in a study of deaths of liew fo rk City asbestos in su la tio n corkers 205 died of carcinomas of the lung (or p le u ra ). Sim ilar re p o rts from other p a rts of the world are given including th a t o f Dresden asbestos workers, p. 573, and other a re a s. F in a lly , the "orking Group on Asbestos and Cancer p lo ttin g a protocol fo r fu rth e r study, p. 710, s ta te s "th ere i s evidence of a sso ciatio n between exposure to asbestos and nalignant n eo p lasia." "The types of tumors which have been shown t o be asso ciated with exposure to asbestos cust are: 1. Carcinoma of the lung; 2. Diffuse aesothelicaa of the pleura and peritoneum." Another outstanding world au th o rity on occupational cancers, 7 . C. Hueper, who has ob jectiv ely d e tailed much of the relev an t inform ation in a new monograph "Occupational and Environmental Cancers of the re s p ira to ry System", SpringerV erlag, Hew York, 1966, p. 47, concludes th a t "Although cancer of the lung does not seem to be the most frequent f a ta l complication of a sb e sto sis, i t is evidently s u ffic ie n tly frequent fo r elevating the lung cancer ra te as a group anc th erefo re i s a serious sequela of exposure to asbestos." In a discussion cf the clin ic o ra th o lo g ic re la tio n s Kuener in d icates th a t i t is c h a ra c te ristic th a t the lung cancer begin in the lower lobes, is associated with a thickening of the p leura, has asso ciated fib ro s is and the presence of asbestos bodies. In a l l of these items there is a d istin c t correlation in the autopsy findings on ?i'. F a ile y . Thus, i t is my considered pro fessio n al b e lie f th a t the long and continued exposure to asbestos by !.!r. Dailey was a d ire c t and probable cause of h is develop ment of cancer of the lung which '-rought about h is demise. Trusting th at th is report is of assistance to you, (' 1 WEINGAND, KENDIG & STOCKWELL Attorneys at Law ,2 6ll South Catalina Los Angeles, California 90005 3 Telephone: 385-8087 4 Attorneys for Aetna Casualty & Surety Company 5 6 7 \8 BEFORE THE WORKMEN'S COMPENSATION APPEALS 9 OF THE STATE OF CALIFORNIA 10 11 NELLIE W. BAILEY (WIDOW) ) ) 12 Applicant, ) CASE NO. 65 LA 288 822 13 vs. ) ) 14 FIBERGLASS CORPORATION; et al., ) COMPROMISE AND RELEASE and ) 15 JOKNS-MANVILLE SALES CORPORATION,) AGREEMENT ) 16 Defendants. ) ______________________________________________________ ) 17 18 The parties hereto, for the purpose of compromise only, 19 agree as follows: 20 1. The above-named applicant claims that CARL A. BAILEY, while 21 employed at various locations in California, between 1935 and 22 May 30, 196A, by various employers then insured as to Workmen's 23 Compensation Liability by various insurance companies, sustained 24 injury arising out of and occurring in the course of such employ 25 ment as follows: By reason of inhalation of asbestos particles 26 and other materials and by reason of stress and strain and 27 general exposure to conditions of employment, he sustained 28 internal injuries, including injuries to his lungs and other 29 injuries, symptoms, conditions and complaints. 30 31 2 . The d e a th o f s a i d em ployee o c c u r r e d on Kay ^ , 1965, a s a 32 r e s u l t c f c la im e d i n j u r y . -1- ( c 1 . The actual weekly wages of the employee at the time of the 2 laimed injury were in dispute, while average weekly wages were 3 .n dispute. 4 5 . Payments of compensation to the employee in his lifetime on 6 iccount of the claimed injury were none. 7 8 >. The applicant herein claims to have been dependent upon said 9 smployee at the time of said injury and states the names, ages, 10 'elationship to, and the extent of dependency upon said deceased 11 smployee to have been as follows: 12 \'AKE AGE RELATIONSHIP EXTENT OP DEPENDED 13 iELLIE W. BAILEY Over 21 Wife Total 14 Applicant represents there were no other dependents upon the 15 deceased employee. 16 17 6. The parties agree to settle any and all claims of said 18 dependent on account of the claimed injury and death of said 19 employee by payment of the sum of $10,000.00, payable as follows: To the applicant in one lump sum, less attorney's fees, less Less $250.00 payable to Doctor John B. Field liens, if any, of record: said sum of $10,000.00 to be contribut 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 RUEBER & ASBESTOS WORKS JOKNS-MANV1LLE SALES CORPORATION , $1,176.00 2.365.00 7 *12.00 1.796.00 805.00 1.753.00 .1 038.00 25.00 TOTAL CONTRIBUTIONS -2- $ 1 0 ,000.00 ( X 1 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 4 defendants. . I 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______ , having been previously 9 paid $ none____________ . 10 11 9. Reason for Compromise: The defendants, and each of them, 12 deny that the deceased employee sustained injuries arising out 13 of and occurring in the course of his employment and further den; 14 that if injury was sustained that the same was the proximate 15 cause of the death of the employee, as alleged. Defendants, and 16 each of them, contend that the employee's disability and ultimati 17 death resulted from pre-existing and non-industrial conditions. 18 By this settlement the applicant hereby releases all employers 19 of the deceased employee during the course of his lifetime from 20 any claims of industrial injury or by reason of the claim of 21 industrial injury herein. This release extends to said employer: 22 whether the same have been previously ascertained and Joined in 23 these proceedings or otherwise whether said employer was insured 24 uninsured or permissibly self insured and this release extends 25 further to any and all insurance carriers of any of said 26 employers whether or not ascertained and previously Joined hereit 27 or whether or not contributing toward the settlement herein. To 28 resolve the many legal and factual issues involved in litigation 29 of this matter and to avoid the hazards and delays of litigation, 30 the parties make this settlement. 31 32 1C. The u n d e rsig n e d r e q u e s t t h a t t h i s com prom ise ag reem en t -3- c 1 and release be approved. 2 3 11. Upon approval of this compromise agreement as provided by 4 law, and payment in accordance with the provisions of said ordt 5 of approval, said applicants and each of them do hereby release 6 and forever discharge said employers and said insurance companJ * 7 of and from all claims, demands, actions or causes of action, c 8 every kind or nature whatsoever, on account of, or by reason of 9 the injury and death sustained as aforesaid by the employee, ar 10 in particular of any, all and every claim or cause of action 11 which the undersigned, heirs, executors, representatives, or 12 administrators may have had, now have, or shall hereafter have 13 against said employer, said insurance carriers, and each of 14 them under Division IV of Labor Code of the State of California 15 16 12. It is agreed by all parties hereto that the filing of this 17 document is the filing of an application on behalf of the 18 applicant, that it may be set for hearing as a regular applicat 19 reserving to the parties the right to put in issue any of the 20 facts admitted herein, and that if hearing is held with this 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. 27 ! WITNESS the signature hereof this ______ day of __________ 28 1967 at _______ ___ 29 30 'rjLtUi i 'Su'-* e ailSy T F F l I cT 31 ViiTSSfcSES' 32 The applicant's signature STEVEN R0ST.7'.;: , i.TTGr.'.'.i-.: "OF k??C. r.ust be attested by two disin terested rersons 0 = ackncv.'lec _ii- / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 i 28 29 1 30 31 32 ( c AMERICAN MOTORISTS INSURANCE COMPANY By t Reoresentative ARGONAUT INSURANCE COMPANY, ZONNI, GINNOCCHIO^^^fLOR, Bi k J U .m ' y PACIFIC EMPLOYERS INSURANCE COMPANY, THE TRAVELERS INSURANCE COMPANY, PERKINS. BALDWIN, & THOMAS, By " / ( 2g * r* a * o cj = CALIFORNIA COMPENSATION & FIRE; C&MPAlft, e U ,tU ^ \ r y ^ CO By i/V r - ^ h CgJ2r|t2r>> FIREMAN'S/FUND INSURANCE? COMPAQ PARRAFINE COMPANY PABCO PRODUCTS PLANT RUBBER & ASBESTOS WORKS, BROBECK, PHLEGER l HARRISON, By m s V- Their Attorneys. AETNA CASUALTY & SURETY JGMPANY, W E I N G ^ D i_KE$MG-'i STOCKWELL, By ( T / eir Attorneys. JOHNS-MANVILLE SALES CORPORATION, A Division"'.of JOHNS-MANVILLE, a Corporation Self-Insured; HERLIHY & HERLIHY, B.v / ^ ~ s ___________ _ " Thei r A ttorneys. STATE OF CALIFORNIA NELLIE v:. BAILEY, C a s e No. 65 LA 233-322 Applicant FIBERGLASS CORPORA!lo ri, e t a l . , O rder Approving Compromise and Release D efen d a n ts r ViVA k - / / - 7 c,^ A f te r e v a lu a tio n o f th e a lle g a tio n s in th e Compromise and R elease re fe rre d to h e re in a fte r and th e fa c ts s e t fo rth in th e m edical r e p o r t s and m e d ic a l r e c o r d s f i l e d h e r e i n , i t I s my o p in io n th e proposed settlem en t is adequate. The parties to the above-entitled action have filed a Compromise and Release herein, on August 9, 1957, settling this case for $ 1 0 ,0 0 0 .0 0 , in addition to all sums which may have been paid previously, and requesting that it be approved; and this Board having considered the entire record, including said Compromise and Release, now finds that it should be approved; and, IT IS ORDERED that said Compromise and Release is approved. Award is made in favor of: NELLIE 'I . BAILEY Against: The A etn a C a s u a lty k S u r e ty Company; A m erican M o to r is ts In su ra n c e Company; A rg o n au t I n s u r a n c e Company; P a c i f i c E m p lo y ers .In s u ra n c e Company C a lif o r n ia C om pensation & F ire Company; F ire m a n 's Fund In su ran ce Conoany r i a n t Rubber k A sbestos U o rh s/F a rra fin e Co./Taboo P ro d u c ts; Johns-M ahvil! Payable as follows: / Sales C orporation. 13-; A m erican M o to r is ts I n s u r a n c e Company To: Steven Rosenan, as a tto rn e y 's fee S teven Roseman, fo r c o a ts advanced Jo h n B. F i e l d , M.B. N ellie L. B ailey, ap p lican t 1 ,2 5 0 .0 0 68.5 0 250.00 ' 795.50 c.F. oa 'Mv.'ctaa^br rf oORm eje5 Siai iv u > Sj 1 1 It** -t 0*F / WORKERS' COMPENSATICI APPEALS. BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSIOIi, prior to 1966) APPLICANT WILLARD R. CRADER (deceased) by spouse CASE # POM 1939 Asbestos Worker Lola DATE CLAIM FILED INJURY ALLEGED Dec. 17, 1964 Injury to lungs/body injury due to exposure to irri ALLEGED DATE OF INJURY January 1938 - March 3, 1964 EMPLOYER/INSURER Fiberglass Engineers/AETNA Casualty, et. al. including J-M .Corp/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/16 insurers________ DOCUMENTS COPIED 1) Compromise & Release 2) Order A p p r o v i n g C & R # OF PAC 4 4 CLAIMANT ____ UJillsrc^. l . C-irsdl&Ar-__________________ 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 California Compensation & Fire Co. oCasualty Ins. Co. of California Employers Liability Assurance Corp.Ltd. Employers Mutual Liability Ins. Co. of Wisconsin Fidelity & 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 Ins. Co.) Industrial Indemnity Co. olndustrial Indemnity Exchange olnsurance Co. of North America Liberty Mutual Ins. Co. oLumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. oMission Insurance Co. National Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers oPacific Indemnity Reliance Ins. Co. oRoyal Indemnity oSecurity Ins. Co. Ins. Co. Co. (Standard Accident Ins. Co.) of Hartford (U.S. Casualty Ins. Co.) State 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. o ______________________________________________________________________ o ________________________________________ o ______________________________________________________________________ o ______________________________________________________________________ o 5/81