Document x5amk8VGoB14Ge81qw07m6K7G
FILE NAME: Contract Unit Workers Comp Claims (WCC)
DATE: 1963
DOC#: WCC039
DOCUMENT DESCRIPTION: Workers Comp File - Kingston, George A Contains all documents found in the Claimant's file, with one blank page between each separate document
Wallace B. Hofferth, Insurance Department, Lancaster *
F. M. Downey, Building Materials Operations, Minneapolis
Subject
George A. Kingston Notice of Filing Decision of Referee Award on Stipulation
Apr. 25, 1963
Attached are the above papers on the case of George A. Kingston, who claimed to have contracted "asbestosis" while in the employ of our company as well as several others.
FORM 1501 3 .5 5
I
C-4.
File No. Record No.
STATE OF MINNESOTA
3 n b u g t r i a l C o m m t o n of jlnneota Bibtfon of Eorktnen' Compensation
STATE O F FIC E BUIUDING. ST. PAUL. 1
112920 5355C
NOTICE Or FILING DECISION OF REFEREE
George A, Kingston
vs.
Employe,
Sprinksaann Sons Const. Co. Ltd. et al Employer,
and
K n n l o y e r s ?-*ntuala of W a u s a u , et a l Insurer.
TO THE ABOVE NAMED PARTIES AND THEIR ATTORNEYS: PLEASE TAKE NOTICE that hereto attached and herewith served
upon you is a true and correct copy of the decision of tne referee filed with this commission in the above entitled matter on the
.SO t fe------ d a y o f --------------------------- , 1 9 4 3 --
INDUSTRIAL COMMISSION OF MINNESOTA,
By D ated at St. Paul, Minnesota,
-March 20
19-4*
F..D. M c K i n n o n
Secretary,
!
File Ho. 112920 Record No. 5355C
STATE OF MINNESOTA
IN D USTRIAL CO M M ISSION
D IV IS IO N O F W O R K M E N 'S C O M P E N S A T IO N
ST. PAUL t
AWARD ON STIPULATION
George A. Kingston,
vs
1) Sprinkmann Sons Const. Co, Ltd, and/or Sprinkmann Sons Corp*
2) F. S. Lamson Company
3) Riggs Distler & Co., Inc.
4) Armstrong Cork Company
5 ) Asbestos Insulation & Supply Co. 6 ) A. H. Bennett Company
4) Standard Accident Insurance Co.
5) Unknown
6) a) Central Surety Ins. Corp. b) Manufacturers Casualty
7) Insulation Services, Inc. and/or
7) a) American Mutual Liability b) Travelers Insurance Co.
8) Asbestoa Products, Inc.
9) Smith-Sharpe Company
8) a) Anchor Casualty Company b) Bituminous Casualty Corp.
9) Anchor Casualty Company
The above entitled matter came on for hearing before the undersigned referee of the Industrial Commission, pursuant to due notice, at Minneapolis on March 25 and 26, 1963# and on aaid latter date the parties advised that they had reached an agreement and dictated a stipulation for settlement into the record, a copy of which is hereto attached and made a part hereof. The.referee has considered the pleadings, the testimony taken, and the stipulation, and finding the facts recited In said agreement to be true and that the same is in substa n t i a l a c c o r d vrith the p r o v i s i o n s of the w o r k men's compensation law of Minnesota,
NOW, T HEREFORE, IT IS O R D E R E D T h a t F. S. L a m s o n Company, employer, and the Travelers Insurance Company be and the same are hereby dismissed.
NOW, THEREFORE, IT IS CONSIDERED AND DETERMINED That this employe is entitled to and he is hereby awarded compensation against the above named employers and insurers in the due and payable one lump sum without interest deduction of $13,500.00 representing 300 weeks at $45.00 per week, payable as follows:
Anchor Casualty Company $3,375*00 to Robins, Davis and Lyons of St. Paul as stipulated attorneys' fees, which when paid shall constitute complete satisfaction for all legal services rendered herein, and $775.00 to employe.
Employers Mutual Liability Insurance Company the sum of $4,150.00 to employe.
American Mutual Liability Insurance Company the
s u m of $2,750.00 to employe.
Central Surety and Insurance Corporation the sum
o f $800.00 to the employe.
N e w A m s t e r d a m C a s u a l t y C o m p a n y the sura o f $350.00 to employe.
Manufacturers Casualty Insurance Company the sum of $350.00 to employe.
United States Fidelity and Guaranty Company the sum of $250.00 to employe.
Bituminous Casualty Corporation the sum of $700.00 to employe.
And, in addition, reimbursement by S tandard Accident.-Insurance Company the sum of $1,500*00 to employe for p ayment by him of m e d i c a l, h o s p i tal, a n d r e l a t e d e x p e n s e . S aid p a y m e n t s w h e n m a d e shall constitute full, final, and complete settlement of any and all claims of any character or description, including compensation, medical, hospital, and related items, resulting from employe's temporary total or other disabilities claimed to have been the result of occupational diseases of asbestosla or silicosis or otherwise incurred while in the employ of the above named employers from 1919 to October 2, 1959.
IT IS FURTHER ORDERED That all petitions filed herein be dismissed.
GH: rc
________ G E O R G E H O T T I N G E R ____________ Referee for
INDUSTRIAL COMMISSION OF MINNESOTA
Dated at St. Paul, Minnesota,
this 2 7 t h d a y of March, 1963
INTER* 'OFFICE COMMUNICATION
@ - m strong
To Wallace B. Hofferth, Insurance Department, Lancaster
January 28, 1963
From F. M. Downey, Building Materials Operations, Minneapolis
Subject Q e o r g e ^ Kingston. Petitioner
Notice of Hearing
VI.L.H. JAN 30.1353
Attached is a notice from the Industrial Commission of Minnesota regarding the dates of the hearing in the case of the above individual who claims to have contracted "asbestosis" while in the employ bf our company as well as several others.
FD
enc.
FORM 1501 3.55
1
Forni C-40
STATE OF MINNESOTA
INDUSTRIAL COMMISSION OF MINNESOTA March 25 ALL Ji-.X R 'AT I KO Division of Workmen's Compensation March 26 ALL DAY FFARI?'
C l Li
State Office Building, St. Paul 1
M a rc h 27 ALT DAY HTARIM
112920
File N o ____________
5355C
Record. N o . ________
ORDER OP REFERENCE AND
NOTICE OF HEARINB
Al'E'-T
ft A-7'.: P M - T i a w ,
MINNEAPOLIS, MINNESOTA
Oeo r fire A . S in r s to n
Employe,
l.S p r ln k n o n n vsons C o n s t.C o . L t d . a n d /o r Snrinkrs-?nn "ons D o rp . 2 . F.D.Lam -
son Co. I.R ir c r s D is t-le ** ?c Cn. L .A rm s tro n r Cork Coir.nany
sbustos In
s u la t io n -v
6 .A .H . 5ka r m r3 e n n ? t t 7 . In s u la t io n '- r v ic e s a n d /o r
in s u la t io n S e r v ic e s o f M in n . ft. Aebanto-^ '''ro d u c ts 9 .9 m it h r"h?:ro e Co.
and
r\TTAY*a
Ity 9 . Anchor C a s u a lty Comnsny
TO THE ABOVE NAMED PARTIES:
PLEASE TAKE NOTICE that, issue having been joined in e n t i t l e d m a t t e r as r e q u i r e d by the W o r k m e n 's C o m p e n s a t i o n therefore
the above Law, now
IT IS O R D E R E D that said m a t t e r be r eferred a Referee for this Commission, to hear the same of fact and dete r m i n a t i o n as may be required by produced.
to Oaorr? Hottinrer and make such findings law upon the evidence
L. ,I 5- Y.OrUo aWu cILnL FLUanRkTHE^Ru.iI.THAxKnEg NNOO T I C E that said h e a r i n g w ill be h e l d
1 Month 7 th s t r e e t
. ., . . .
.....
.
___________________ , xn the C x t y or V i l l a g e o f ______ Ml
at
j,5 f
in
N -.. n e tn n ___________ County, M i n n e s o t a , on t h e2S-y2S-rZ? d a g of
fa r c h
, A. D. l l _ c o m m e n c i n g at
o _______ o ' c l o c k
in the r<?
noon of said day or as soon thereafter as the matter
may be heard. I L M M FULL DAYS
Dated at St. Paul, M i n ne s o t a , Janu a r y 21___________ , 19 Ag...
INDUSTRIAL COMMISSION OF MINNESOTA,
By___ _____________________________________________________
Secretary
- 3. 'VrKinnon
] ^ the
have received regarding stfcjeot i^ vid Jail/lia*^ ^
,;f ` ' wtracted "asbestosis* iddle in the eap lo yef
; to Mr.
A s s is t^ t ,Qenral
; jhoi^'pCajwxMiieSi^^^^J
Department a t L&ncastar* Hr. Hoffertb end ^...t&Ilian'P.^Hobia',^^
Legal Department, Secretary* O ffice/ Lancaster bare bean jo in tly hea;?* ^
Aa stated before, no fe e l that ArnstrengContractlng k Sn pplj Corporation f -
6 19 1 9 '<i!'"
le not Involved in th is natter since the dates o f aploycent tinder the '
' ^Arastrong Cork Conpany were l?ii , U? end ?U - As you kncrw^ our file e
/*? f - ' ^are kept for'even yeans, and thendestroyed. Us are not ablet check
`*? '*S -5
* the eraployrsent record of thiajsan in any nanner frca file s la Oar lo ca l
ec| .'^IfredL* Qairdner, Lancaster v
i;,.;! " R. ?. Kottraeiar, Chicago
' ; HLHieoa P. Noble, Jr.,Legal
2 3 4 xtr; > tl
Cork,,C o ^ J ^ c a stw .
:.ti-o^'^iWPLsoe B. Hofferth, Thsuranbe DepW <<,^ ^ :U `-' >'vu.
'- 7' '\ C^"'r. I'l- V
Amstrong .Cork Co, Lancaster
. li
,' J*
4
^ -r-?-:1^
' -' *- " -1 '
ifv".',: , .*.e .. .... *_ ^*
. **-, ~
^
f
- A . -*.'..'_*.$! --.- '.'r^- ,'Tjp- ` -'. - - - ` v * -
S^.--' ''*' t - .. l*">*
,j y> -* i_ -"'*A, - -
- ---..- A
December 1 9 , 1962
Mr. James A. Leaon Claim Representative Standard Accident Insurance Claim Department 8l6 Second Avenue, South Minneapolis 2, Minnesota
Company
Dear Mr. Leaont
Subject; 32-C 3^0383 - Armstrong Cork Company et al George A. Kingston (Employee in years 19^6-19^7-19^9)
This is In answer to the questions raised in your letter of November l6 addressed to our former plant location in Camden, New Jersey.
Cork pipe covering and cork hoard production was discontinued in our
Camden, New on December
3Jersey, Plant in 1953 and the plant was subsequently sold 0, 1955* Some of the production facilities were transferred
to our Beaver Falla, Pennsylvania, Plant and cork pipe covering and cork
hoard was manufactured there until 1959 when production of all cork
products at this plant was discontinued.
We believe this is the Information y o u are seeking although we find it difficult to associate It with a workmen's compensation claim based on silicosis.
Very truly yours,
Wallace B. Hofferth Assistant General Manager Insurance Department SIX
INTER OFF/CE COMMUNICATION
To From Subject
V. B. Hofferth P . D. Little George A. Kingston
(AVm strong
C O * CX****V
December 17, 1962
The attached letter of November 16, 1962, from Standard Accident Insurance Company addressed to Armstrong Cork Company, Camden, N. J., was received by us on December 5.
We have not been able to locate any records of a George A. Kingston as employed in any Armstrong units including the Armstrong Contracting & Supply contract group. Records for hourly paid employees in plants and for Annstrong Contracting & Supply contract employees are not retained after a ten year period, hence, we cannot say that Kingston was or was not employed by Armstrong Cork Company in the years indicated in the letter.
RJE Enclosure
rV ./ C .
FORM ISO12>2
/9rf NO E N V E L O P E R E Q U I R E D
KIRK. President
s'd
/W>fc'--'V/
Standard A cciden t Insurance Company
INCORPORATED 16)4
L. M. PR O B ST Claim manager
CASUALTY FIRE MARINE FIDELITY SURETY
C l a im D e p a r t m e n t 816 SECOND AVENUE. SO U TH
M IN N E A P O L IS 2, M IN N .
PHONE FEDERAI, 3. 442t
Armstrong Cork Company Candan, New Jersey
fr e o l . C ray Co., n o rth w estern manager
Ho y. 16, 1962
Gentlemen:
He: 32-C 340383 - Armstrong Cork Co at al Geo, A. Kingston (employee in years 194-6-1947-1949)
On November 14, 1962 I contacted Miss lorence Downey of the Minneapolis office of the Armstrong Cork Co. pertaining to the question of where the cork products are manufactured. Does your company at your New Jersey address still manufacture the cork coverings and/or boards or has that been changed to some firm in Chicago, Illinois?
The reason we are inquiring is because there is a workmen* s compensation c laim made of an employee who was employed in the ,tars of 1946, 1947 and 1949 in which the said claimant has incurred silicosis.
Enclosed for your convenience is a self-addressed envelope.
Thank you very much.
JALshb eno.
Very truly yovrs, /'
A -i- ^ JAMES .A. LEAN Claim Representative
Standard Accident Insurance Company, Detroit
Pilot Insurance Company, Toronto
Mr. Walter H. Sinner U 27 N. K. tocroe St, Minneapolis, 21, Minn,
Hot, 16,1962
Dear Mr. Sinners
Has 32-C 340533 - Armstrong Cbrk Oo, Geo, A, Kingston - Enployee la year 1946-1947-1949
On Hovesber 6, 1962 I oontaeted you pertaining to Geo, A, Kingston, who was In the suplcye of the Armstrong Gork Oo, In 1949, I appreciate the information you ware able to give ns as far as your oemory oould recollect.
Enclosed with this letter Is a letter that we reoelred from our workmen's eoopenaatioa attorney, Mr, C, A, Stark, who will be handling this worknsn's ocmpensation olain for cur Oenpany in a future hearing* At the paragraph that T hare indicated in pen, this m y oause an inoonrenAence but if there is any question on this, would you please be so kind as to oontact Mr, C. A, Stark at the telophohe number listed please.
Again thank you Tory mob for your help in this oattar.
Tory truly yours,
*AIihb enc.
JAKES A, LEAOR d a in Representstire
KEASBEY & MATTISON COMPANY
M anufacturera of Asbestos, A sphalt and Heat Insulating Producta
AMBLER, PENNSYLVANIA P h iim m tp h i* Ar*m Corf 2iS
M ito h m U 4-4000
November 19, 1962
Standard Accident Insurance Company 8l6 Second Avenue, South Minneapolis 2, Minnesota
Attention:
Mr. James A. Leaon, Claim Representative
Re: No. 32-C 3^0383 " Armstrong Cork Company George A. Kingston - Employee Years of 19^6-19^7-19^9
Gentlemen:
We have your letter of November l6, 1962 referring to various
asbestos contents in products apparently manufactured by this company. Keasbey & Mattison is in the process of dissolution, and we have very few people, none of whom is technical, that could answer questions asked in your letter. Furthermore, your letter is to indefinite for us to tie down the product /that you are talking about.
We are sorry we cannot answer your inquiry.
Very truly yours,
KEASR8Y & MATTISON COMPANY
H. B. Childs, Secretary
HBC'.MO
\
Xlebey and Mattison Company Amber, Pennsylvania
Bar. 16, 1962
Gentleman* Re*
32- C 340383 - Armstrong Cork Oo.
Ooo. A. Kingston - ploys years of 1946-1947-1949
Us are ths insuranos carrier or the Armstrong Cork Oo. whoso operations are located throughout the coudbry.
A workman1s compensation claim has been made against our named insured in which we are assuming ths investigations na their oarrier. Tbs claimant alleges a silicosis injuz7.
Would you please be so kind as to adrise us what proportion of the asbestos covering that you manufacture (whloh we suppose is a fora of paper) is asbestos and how nach dust there would be per million oubio units of air if this ware released into the air? I hellere the same information would also apply to asbestos paste or material that is used to apply it as wall. This is, ef course only for our Information and if it is necessary, wa may not need to re-eel this information, but it would be a good background for ear ooopensatlon attorneys In hard ling this claim. Our attorney Mr. 0. A. Stark of Minneapolis, Minnesota states that it la his belief that thure Is very little free asbestos dust per oubio foot of air when this material is being used 1 n some kind of a wet paste to be applied to pipes and other materials that ara used in the cooling or heating or refrigerating aysteas.
Enclosed for y^ur convenience is a stamped self-addressed envelope.
Thank you Tory much.
Truly your,
.'ALthb ene.
JAMES A. LSACN CQaim Representative
Novcadber 1 9 / 1962
Mr* Jaasa A. Leaon Claim Representative Standard Accident Insurance 8l6 Second. Avenue, South Minneapolis 2, Minn.
Ccqpany
Dear Mr. Leaon j
Subject* 32-C 340383 - Armstrong Cork Company
George A. Kingston - 194-6 - 194-7 and 194-9
We vlsh we could comply with your request for payroll Information, hut
our retention of records schedule on payroll records is seven years and
all records prior to 1955 have heen destroyed. Unfortunately, there are
no other records available which would assist you in your defense of the
claim.
Very truly yours,
SLK
Wallace B. Hbfferth Assistant General Manager Insurance Department
L K K IR K President
AA A
Standard A ccident Insurance Company
INCOSPORATCO 1)14
CASUALTY FIRE MARINE FIDELITY SURETY
L. M. PROBST Claim manager
C l a im D e p a r t m e n t
B16 S E C O N D A V EN U E. S O U T H M INNEA POLIS2, M IN N .
phon* fedmwl. 3-4421
Fr e d L. G ray Co ., n o r t h w e s t e r n m a n a g ers
Armstrong Cork Company Home Office Operations Lancaster, Pennsylvania
November 9* 1962
Re: 32-C 3 ^ 3 8 3 - Armstrong Cork Corapany George A. Kingston - 19^6-19^7 and 19^9
(,/ 1
Our Claims Office in Minneapolis investigation;Nalleged complaint of silicosis suffered by George A. Kingston, who was an employee for the Armstrong Cork Company Minneapolis, Minnesota in 19^6-19^7 and 19^*9.
If it is at all possible, our Attorney, who is handling this Workmen's Compensation claim in Minnesota, would like to have a copy of the payroll on this employee for all the time that he worked for them, plus the type of work that he did.
I know the number of years since this employment, is many, but if you could find any shred of records or evidence on this matter, we would greatly appreciate it.
Enclosed for your convenience is a self addressed envelope.
Thank you very much.
Very truly yours,
JAL/cs end.
JAMES A. LEAON, a Claim Representative
Standard Accident Insurance Company, Detroit
Pilot Insurance Company, Toronto
A rm s tro n g
C O N T R A C T I N G AND S U P P L Y CORPORATION
T E L E P H O N E : WEST B-1871
S8S0 CA MBR ID GE S T R E E T M INNEAPOLIS 26, MINNESOTA
October 29, 1962
Legal Department Secretary's Office Armstrong Cork Company Lancaster, Pennsylvania
Dear Mr. Rohlfs:
-"fr*
Subject: George A. Kingston, Petitioner Notice of Filing Claim Petition
We are enclosing a notice of subject person filing claim petition, File No.
112920, Record No. 5355C from the Industrial Commission of Minnesota and
the Employee's Supplemental Claim Petition on the letterhead of Robins, Davis & Lyons, Attorneys, St. Paul, Minnesota. You will note that Mr. George A. Kingston, having contracted a disease of asbestosis while in the employ of many insulation contractors, has filed a petition on October 16, 1962 with the Minnesota Industrial Commission as provided by law.
We do not feel that Armstrong Contracting <: Supply Corporation is involved in this matter at all, since the dates of employment under the Armstrong Cork Company were 19U6, U7, and U9.
A representative of the Standard Accident Insurance Company will be calling on you in the near future to go over this claim petition. Mr. James A. Leaon, the Minneapolis claim representative for Standard Accident has called on us and told me that he is having a Philadelphia representative trace this alleged employment record back through the Armstrong Cork Company's main office. I told, him that the files were most likely destroyed, since we have a seven year policy on such things.
Very truly yours,
ARMSTRONG CONTRACTING & SUPPLY CORPORATION
FES
cc: Fred L. Gardner, Lancaster D. D. Thompson, Seattle
R. V. Umbehocker, Branch Manager
I `Oil
I
STATE OF MINNESOTA I H DUS T R I A L COMMI SSI ON OF MI NNESOTA
Division of Workmen*s Compensation STATE OFFICE BUILDING, ST. PAUL 1
112920
File No.______________
5355C
Record No.____________
NOTICE OF F ILIN S CLAIM PETITION
G e orge A. K i n g s t o n
Petitioner,
1 . Sorinkmann SonsV8& onst. Go. L td . a n d /o r Sprinkmann Sons Corp. 2. F. S. Lari son Company 3 . R iggs D i s t l e r & C o ., I n c . 4 Armstrong Cork Company 5.A sbestc
I n s u la tio n & S upply Co. 6 . A. H. Benn e t t Company 7 I n s u la t io n S e r v ic e s , Inc a n d /o r I n s u la tio n S e rv ic e s %*fi<&iMtn.Inc. $. A sbestos P ro d u c ts , I n c . 9*Smitl-
Sharpe Company 1 .Employers M u tu als of llausau 2. Unknown 3 . Unknown 4 . S ta n d a rd A ccident Ins 5. Unknovm 6 . a ) C e n tr a l S u re ty I n s . Corp b )M an u fac tu re rs C a s u a lty 7. a)American M utual L ia b ility b )T ra v e le rs Insurance Co. S. a)Anhhor Casualt
Company b)B itum inous CasuaJife^irWiorporation 9* Anchor C a su a lty Company
TO THE ABOVE NAMED EMPLOYER AND INSURER: YOU ARE HEREBY NOTIFIED that hereto attached and herewith served upon you is a copy of a peti
tion filed with, the Industrial C o m i s s l o n of Minnesota on---- ^ w h i c l r petitlon will be heard by a referee of the Industrial Counission at a tine and place to be hereafter fixed, notice of which hearing will be served upon you, as provided by law; and
YOU ARE FURTHER NOTIFIED that you are required to serve upon the petitioner or his attorney a verified answer to said petition and to file the original thereof with proof of such service within 10 days after the date of this notice,
R obins, D avis & Lyons
The nane and address of the petitioner's attorney is--- s o ^ a B u j l d i j i g ------------------------
St. Paul 1, Minnesota
Dated: St. Paul, Minnesota,
O ctober 1 G __________ _ ia_?.
INDUSTRIAL COMMISSION OF MINNESOTA,
By E. D. McKinnon s*ep#t" 3r*
'
r .
STATS OF MINNESOTA INDUSTRIAL COMMISSION OF MLNNESCTA
D ivision of W orkmen's Com pensation STATS OFFICE BUILDING, SAINT PAUL 1
F ile N o. 112320 EMPLOYEES SUPPLEMENTAL CLAIM PETITION Record N o. 5355C
G eorge A . K ingston,
Em ploye,
vs**
1) Spatiakmaaa Sons Const. Co. Ltd. and/or Sprinkmaoa Sons Corp. 833 Metropolitan Building Minneapolis, Minnesota and/or 33d Minnesota Building Saint Paul 1, Minnesota
2) F . S . Lamjjon Company
S28 Marquette A venue
^
M inasapolia, Misuseso ia
3) Biggs D istlar &. C o ., la c . 218 North Calvert Street
sJ Baltim ore 2, Maryland
^ 4) A rm strong Cork Company 4538 Hiawatha A venue
M inneapolis, M innesota
'.h ir.'-'
i) Employers Mutuals of Wausau ' " "...
2) Unknown
3)Unknown
41 Standard A ccident Insurance C o.
5) Abest 03 Insulation &, Supply C o. 310 W'a sh in ^ o a Avenue North M inneapolis, M innesota
5) U n k n o w n
3) . H. B easett Company 825 Gienwocd Av en t M inneapolis, M innesota
3) a ) C entral Surety In s. Corp. Coverage - 2?i/51 - 2/1/55
b) M &oufecturers C asualty Coverage 2 / i/ 5 5 - 2 / i/ 5 S .4
7) Insulation S e r v ic e s, la c . a n d /o r Insulation S e r v ic e s o f Miua* la c . 310 Badie ott on Fourth a n d /o r 30D New Y ork B uilding Saint P aul, M innesota
8) A sbestos Products, la c. 710 Raymond A venue
Paul, M innonota
7) a ) A m erican Mutual L iab ility b) T ravelers Insurance C o.
S) a) Anchor C asualty Company Coverage - 9/30/52 - 9/30/55
b) Bitum inous C asualty Corporation Coverage - 9/30/55 - 10/28/55
9) Sm ith-Sharpe Company 117 27th Avenue S . E . M inneapolis, M innesota
3) Anchor Casualty Company
TO: THE INDUSTRIAL COMMISSION OF MINNESOTA
E m p l o y e a b ove n a m e d for his supplemental claim petition alleges the following facts:
r o b i n s , D a v is & Ly o n s A TTO RN EY S AT LAW
^CSOT
I
E m p l o y e ' s address is 2617 W e s t 70th Street, Minneapolis 23, Minnesota.
n.
E a c h and e v e r y e m p l o y e r n a m e d above e m p l o y e d the e m p l o y e in e m p l o y
m e n t w h i c h exp o s e d h i m to the inhalation of asbestos dust a n d silica dust a n d the
c o m b i n e d e m p l o y m e n t s covered a period of m o r e than ten years. Except for Riggs
Distler & Co., Inc., e a c h of the e m p l o y e r s above n a m e d w e r e localized in the State
of M i n n e s o ta for the purpose of engaging in the c o m m e r c i a l application a n d use of
asbestos, asbestos products, fiberglass, r o c k wool, a n d various insulating materials
for hot a n d cold surfaces in connection with the construction of c o m m e r c i a l buildings,
p o w e r houses, ships, w a ter pipes and s t e a m pipes.
H
in .
T h e dates of e m p l o y m e n t a n d the a m o u n t of earnings of the e m p l o y e b e t w e e n
J July 1, 1943, the date of the inception of M i n n e s o t a 's Occupational Disease L a w a n d p i O c t o b e r 2, 1959, inclusive, w e r e as follows:
Year
Employer
-
Wage Rate /Hr. W a g e s
Total for Y e a r
1943 Sprinkmann Sons
1944 Sprinkmann Sons
1945
Sprinkmann Sons F. S. L a m s on Co.
1VI .\ / 1946
1947
F. S. L a m s o n Co. Riggs Distler & Co. Sprinkmann Sons Armstrong Cork Co.
Sprinkmann Sons Armstrong Cork Co. A s b e s t o s Insulation & A . H. Bennett Co,
Supply
1943 Sprinkmann Sons
1949
Sprinkmann Sons Armstrong Cork Co.
1950 Sprinkmann Sons
1951 Sprinkmann Sons
1952
Sprinkmann Sons A. H. Bennett Co.
r o b i n s , Da v is & Ly o n s
a t t o r n e y s a t law
M INNESOTA BUILOINQ B T . P A U L 1. M IN N .
$1.75
$1.75
$2.00 $1.75
$1.75 $1.75 $2.00 $1.75
$2.25 $2.00 $2.00 $2.00
$2.50
$2.60 $2.25
$2.70
$3.00
$3.25 $2.70
$4410.01
$6315.65
$4621.47 $ 360.65
$ 149.31 $2160.46 $ 643.20 $ 629.48
$2320.80 $2134.87 $ 56.00 $ 88.00
$6873.40
$4024.40 $ 126.00
$6461.53
$8145.61
$4681.50 $ 75.60
$4410.01 $6315.65 $4982.12
$3582.45
$4599.67 $6873.40 . $4150.40 $6461.53 $8145.61 $4757.10
Year Employer
Wage
Wages
Rate /H r.
Total for Year
1953 A . H. Bennett Co. Insulation Services
$ 2 .7 0 $2.95
$1811.70 $4205.69
$6017.39
1954
Insulation Services Asbestos Products Smith-Sharpe Co.
$3.25 $3.25 $3.00
$2685.93 $4095.00 $ 134.40
$6915.33
1955
Asbestos Products A . H. Bennett Co. W illiams Insulation (Phoenix, Arizona)
$3.25 $3.00
$3.35
$5129.91 $ 187.50
$ 119.50
,
$5436.51
1856
Martin Pipe & B oiler (Waterloo, Iowa) W estern Machinery (Phoenix, Arizona)
$3.50 $3.50
$1398.00 . $ 442.00
$1840.00
1957
W estern Machinery (Phoenix, Arizona) Owens Corning (Arizona)
$3.65 $3.65
$ 965.25 $ 260.25
$1225.50
1958
W estern Machinery (Phoenix, Arizona)
$3.65
$2646.00
$2646.00
1959
Smith-Sharpe Co, (Belie Plaine, Minnesota)
$3.86
$1158.10
$1158.10
IV.
On the 2nd day of Ootober, 1959, em ploye. while working at his occupation
as an asbestos worker for the Smith-Sharpe Company in B elle Plaine, Minnesota,
became disabled from the occupational d isea se a sb esto sis, and the said em ployer,
Smith-Sharpe Company, was the last em ployer who employed the employe in the
em ploym ent to the nature of which the occupational d isea se of a sb esto sis was due
and contracted. Since October 2, 1959, the employe has been totally disabled from
pursuing any occupation which brings him an income by reason of said asb estosis
and is in fact permanently and totally disabled.
V.
The em ployer, Smith-Sharpe Company, had due notice and knowledge of
em ploye's disablem ent within ninety (90) days and said em ployer, among others,
w as duly served with a verified claim on or about September 19, 1961.
R o b in s , D a v is & Ly o n s
a t t o r n e y s a t law
M IN N E S O T A BU ILO tN O B T . P A U L 1. M I N N .
VI. It is the em p loye's claim that his original disablem ent from the occupational
d isea se a sb e sto sis occurred on the 28th day of O ctober, 1955, while in the. em ploy
of A sbestos Products, Inc. in Pine Bend, Minnesota, which disablement totally in
capacitated employe for a period of several months. Employe submitted to a medical
examination at the request of one of the insurance carriers of A sbestos Products, Inc.
and was erroneously advised by the doctor for said insurance carrier that his symptoms
w ere due to an " allergic asthma" unrelated to his occupation.
Employe, acting on this information and additional m edical advice traveled to
the State of A rizona to obtain r e lie f, but neither m edical treatm ent nor a change of
clim ate for his alleged asthma m aterially helped his symptoms, principally shortness
of breath, and employe found h im self unable to pursue his occupation with any degree
of regularity.
VII.
W hereas em p loye's annual earnings in 1954, the la st full year he was able to
work at his trade, w ere in the sum of $6915.33, his earnings following disablement
on October 28, 1955, were as follows: Decem ber 1955 1956
$119.50 $1840.00
1957 1958
$1225.50 $2646.00
1959 1960, 1961, 1962
$1158.10 None
vin.
Following contraction of a sb e sto sis on October 28, 1955, employe was forced
to seek m edical care and attention,' hospitalization and drugs, which to date total the
sum of $2033.75. The employe w ill be required in the future to expend additional sum s of money for drugs and m edical c a re.
WHEREFORE, Pursuant to the Occupational D isease provisions of the 1957
Minnesota W orkmen's Compensation A ct, in particular but not lim ited to 176.66(5),
this employe petitions for an award for the total compensation and m edical expenses
R o b in s , D a v is & Ly o n s
A T T O R N E Y S AT LAW M INN ESO TA SUILDINQ
ST. PA U L MINN.
_{
(
to date due from Smlth-Sharpa Company, tha em ployer who la st employed the
em ploye in the em ploym ent to the mature of which h is occupational d ise a se is due.
If eat the evidence such d isa b ility w as contracted w hile em ploye w as la the em ploy
ment of a prior em ployer or em ployers, this employe petitions the Industrial
Com m ission to take sufficient evidence so a s to enable the em ployer who is made
liable for tha total claim to be granted aa apportionment of such compensation
among the several em ployers who, since the contracting o f said d isease, employed
this employe in the employment to the nature of which his occupational disease is
due.
Subscribed and sworn to before me th is /-> day of O ctober, 1933. n
_ jMARGAREfi KEiULli
:'*'y Commission Expires O c t i, l$68
j
__________CEOEGE A . KINGSTON G eorge A * S in g ston, Em ploye
ROBINS, BA VX3 &. LYONS
BY: ARNOLD %U B1.LB Attorneys for Employe 1133 Minnesota Building Saint Paul 1, M innesota Telephone fio . CA4-5SS4
R d b in s , D a v is & Ly o n s ATTORN CVS AT LAW
M IN N E S O T A B U ILO IN O