Document yk2nOK8D64dGr3nVGG6J7Rbgd
FILE NAME Mundet Cork MCK
DATE 1965 DOC MCK121
DOCUMENT DESCRIPTION WC Claim of Hunt Pt 1
File Name
Contract Unit Claim File Melvin Hunt 11/65
Scanned ?
yes
Source
JMA JM
Start Year
1965
Stop Year
1965
Contents
claim
Notes
WORKERS COMPENSATION APPEALS BOARD - CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION prior to 1966
APPLICANT
MELVIN HUNT
Asbestos Insulator
DATE CLAIM FILED
Feb. 11 1965
INJURY ALLEGED
Injury to respiratory system
ALLEGED DATE OF INJURY
1940 29 1965
CASE # LB 29228
EMPLOYER INSURER
Western Asbestos Co. et al
including M Travelers
OTHER NOTES
No apparent Canadian insurer
Pulmonary emphysema & fibrosis due to asbestos
DATE OF RESOLUTION Aug. 25 1966
RESOLUTION
Compromise & Release
15,135.08 settlement
e Cg
- DOCUMENTS COPIED
apportioned among 12 carriers
1 Order Approving C & R
2 Minutes of Hearing showing defendants
# OF PAGE
7
CLAIMANT
Melvin h Hunt
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.
oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co.
oCasualty Ins Co. of California
Employers Liability Assurance Corp.
Employers Mutual Liability Ins Co. of Wisconsin- Wisconsin-
| oFidelity & Casualty Co. of New York
_
,
Fireman's Fund Ins Co. oGeneral Accident Fire &
oGlobe Indemnity Co.
oGuarantee Insurance Co.
Life AssuranCocrpe.
Ltd.
oGreat American Ins Co.
Hardware Mutual Casualty Co. Industrial Indemnity Co.
Sentry
Industrial Indemnity Exchange
oInsurance Co. of North America
Liberty Mutual Ins Co.
OLumberman's Mutual Casualty Co.
oMaryland Casualty Co.
Michigan Mutual Liability Co.
Mission Insurance Co.
Ins
Co.
oNational Automobile & Casualty ONew Amsterdam Casualty Co.
Ins
Co.
Ltd. oOcean Accident & Guarantee Corp.
Pacific Employers Ins Co.
oPacific Indemnity Co. Standard
Reliance Ins Co. Standard Accident Ins
oRoyal Indemnity
Co.
U.S. oSecurity Ins Co. of Hartford
State Compensation Insurance Fund
Casualty Ins Co.
oTransport Indemnity Co.
The Travelers Ins Co.
Co.
oThe United Pacific Ins Co.
OU.S. Fidelity & Guaranty Co.
oZenith National Ins Co.
Zurich Ins Co.
0
90
21
5/81
WORKERS COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA CALIFORNIA
MELVIN L. HUNT
CASE No.
65 LB 29228
Applicant
VS.
WESTERN ASBESTOS STATE
COMPANY
et
al
COMPENSATION
et
INSURANCE
,
al
Defendant
CERTIFICATION
: I hereby certify that the attached
and correct copies of the original documents
of this office in the entitled
matter
documents are true
filed in the records
Appeals
ATTEST
Board of
my hand and the Seal of the the State of California
Workers
Compensation
C.
Workers Compensation Judge
NN
Workers Compensation Appeals Board
24 Dated at San Francisco
25 California this 6th day 26 of April 1981
27
DIA
WCAD
NEW 1-781
oron op
DEPARTMENT OF
DIVISION INQUSTRIAL RELATIONS OF INDUSTRIALACCIDENTS
"se"
v
7 C
~
Te oe ne ee ee
-
C
:
te,
we
RELATIONS DEPARTMENT OF INDUSTRIAL DIVISION OF INDUSTRIAL ACCIDENTS
WORKMEN'S COMPENSATION APPEALS
BOARD STATE OF CALIFORNIA CALIFORNIA
FILED
MELVIN L. HUNT
CASE 65 LB 2328IAL 2328IAL 2328IAL 2328IAL 2328IAL
VS.
Applicant
Applicant
.
LONG BEACH OFFICE
.
WESTERN ASBESTOS COMPANY , et al )
Defendants
Approving Order Compromise
Compromise and Release
- AND
ORDER DENYING LIEN CLAIM
-
. .
I GOOD CAUSE APPEARING THEREFOR IT IS
HEREBY ORDERED that the lien claim of the Department of
Employment be and it hereby is denied
1966 March 28 1966
through August 29
settling this
settling this case for $ 15,135.08
record in addition to all sums which may have been paid previously and requesting that it be approved
and this Board having considered the entire including said Compromise and Release now
finds that it should be approved and pursuant to
Notice of Intention and GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that said Compromise and
Release
BY_AETNA_CASUALTY
be
and
it
is
hereby
approved
and
the
proceeds
paid
as
follows
BY_AETNA_CASUALTY BY_AETNA_CASUALTY & SURETY COMPANY
.
TO DRDR JOSEPHJOSEPH F. BOYLEBOYLE lien
SILVER & MCWILLIAMS
claimant 259.50
475.00 601.86 applicant 601.86 Lien for living expenses $
As attorneys .... 1,450.0 MELVIN L. HUNT
1,450.00
1,925.00
*
applicant 2,786.36 2,714.93 TO MELVIN HUNT
$ 2,786.36
BY
AMERICAN
MOTORISTS
... ccc
INSURANCE
ce eeee 12,348.72 12,348.72
BY STATE COMPENSATION
COMPANY eee lees ecu eeee
BY FIREMAN'S FUND INSURIANNSCUERANCE FUND eee eerecee
871.43
BY
HARDWARE
MUTUAL
COMPANY " eee eee cesses cell).
INSURANCE COMPANY
BY PACIFIC EMPLOYERS INSURANCE
451.63 190.30
BY THE TRAVELERS INSURANCE
COMPANY . be eecosncs asee
1,866.56
.. WISCONSIN WISCONSIN BY EMPLOYERS MUTUAL LIAB IC NSOMPANY
coeree 3,386.49
BY ZURICH AMERICAN INSURANCE
CO OF WISCONSIN
sees
556.8L BY RELIANCE INSURANCE COMPANYCOMPANIES easter ergesee ee, .. 19.25 19.25
BY
INDUSTRIAL
INDEMNITY
oo. eaviecace eel
COMPANY
Seeeeeae 25.00
ZY ARGONAUT INSURANCE COMPANY
....00.. tee
eeec ccna beeen
745.50
ee, BY LIPERITY LIPERITY MUTUAL
SERVED ON
INSURANCE
" toe
COMPANY
eee
e eet
acces
40.21 ALL PARTIES LISTED 15.18 ON THE OFFICIAL ADDRESS RECORD
te eeee Sr eeeseeeee
1,305 25
15.18 15.18
Higham Date 9 14-66.899 14-66.89Linates
SEPTEMBER
SEPTEMBER 1 1966 TED AT LONG BEACH
IFORMERLY FORM 382 2.44
CALIFORNIA CALIFORNIA CALIFORNIA
Va SW a
Fd /
f
~
EMSS E BORANE BORANE BORANE ae
: -
ed 4 (hammer 2018 FREALS FREALS
30120
441 aon b 150 D s ate
5 i
BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF
q
THE STATE OF CALIFOR
2
CASE NO 65 LB 29228
tl 4
:
E . MELVIN L. HUNT ! a
5
6
VS
WARREN 7
AND BAILEY COMPANY
HARDWARE MUTUAL CASUALTY COMPANY
8
soon to be renamed SENTRY NATIONAL
INSURANCE COMPANY
9
WESTERN ASBESTOS COMPANY 10 STATE COMPENSATION INSURANCE FUND
!
11 15. T. THORPE INC
> d
PACIFIC
ff
EMPLOYERS
INSURANCE
12
AMERICAN MOTORISTS
COMPANY INSURANCE
COMPANY
13 PLANT RUBBER AND ASBESTOS UNKNOWN
} MINUTES OF FURTHER HEAR December 29 1965
) ) } )
) ) ) )
14
UNITED CORK COMPANY
)
15 LaIBcEoRrTpYorMaUtTiUoAnL INSURANCE COMPANY )
16
ARMSTRONG CORK
j
COMPANY 17 EMPLOYERS MUTUAL LIABILITY INSURANCE | COMPANY OF
WISCONSIN 18
19 20
successor RELIANCE INSURANCE COMPANY a
)
in interest to STANDARD ACCIDENT
)
INSURANCE COMPANY
.
THE TRAVELERS INSURANCE COMPANY )
AETNA CASUALTY AND SURETY COMPANY
)
2121ff
PAR NORTHERN
UNKNOWN
INSULATION
j
22 METAL CLAD CORPORATION
)
23 INDUSTRIAL INDEMNITY COMPANY )
24UN; IUNTHIENDOWNREFRACTORY COMPANY )
25 -HUGH A. ELSDON COMPANY
)
! UMIDOWN
25
}
-THE HIS MANVILLE SALES CORPORATION
27 -THE TRAVELERS INSURANCE COMPAITY
)
tl
) OSELF WSEENLSF CORNING FIBERGLAS ;
;SELFSELF INSURINESUDRED
on
A
)
4
u
;
THORPE
INSULATION
COMPANY
FIRITANS FUND INSURANCE COMPANY
)
i V
}
NO TESTIMONY HAS BEEN TAKEN ON THIS CASE .
( 12-29-65 12-29-65 12-29-65 12-29-65
MUNDET CORK COMPANY LETNA CASUALTY AND SURETY COMPANY
2 REESE INSULATION COMPANY INDUSTRIAL INDEMNITY COMPANY
3
= . BALDWIN COMPANTY
LIBERTY MUTUAL INSURANCE COMPANY COMPANY
6 5 FIBERGLAS ENGINEERING COMPANY 6 AETNA CASUALTY AND SURETY COMPANY
ig C. F. BRAUN AND COMPANY a corporation AMERICAN MOTORISTS INSURANCE
COMPANY
soon THE
9
E.
J.
BARTELLS
COMPANY
HARDWARE MUTUAL CASUALTY COMPANY
10
to be renamed SENTRY NATIONAL
INSURANCE COMPANY
11 MONROE FOOD MACHINERY INC .;
12 ARGONAUT INSURANCE COMPANY
>
+] INDUSTRIAL FURNACES INC 13 by FIREMANS FUND INSURANCE COMPANY
,
B 14 PARCO INSULATION CORPORATION;
UNKNOWNUNKNOWN
15
INDUSTRIAL Lt.
SERVICE AND
16 ENGINEERING COMPANY OF CALIFORNIA
Ax -LIBERTY MUTUAL INSURANCE COMPANY
17
LOS ANGELES CORK COMPANY
18 ZURICH INSURANCE COMPANY
19 Cc ARMSTRONG CONTRACTING AND
| SUPPLY CORPORATION
20 o- EMPLOYERS MUTUAL LIABILITY
INSURANCE COMPANY OF WISCONSIN
21
RELIANCE INSURANCE COMPANY a successor
c in interest to STANDARD ACCIDENT
22
INSURANCE COMPANY
-THE TRAVELERS INSURANCE COMPANY 23 AETNA CASUALTY AND SURETY COMPANY
24 MARINE ENGINEERING AND SUPPLY
COMPANY
i 25
UNKNOWN
f
.
RODERICK RODERICK LYNCH dba
| LYNCH ASBESTOS COMPAITY 282 i UNITOWN
282
23
q
^'
Defendants
30
2
EXHIBIT
Report Applicant's 1
of Dr. Boyle of
i
together with
October 18 1965
;
studies
ray report together
and laboratory
with his statements
: THIS CAUSE came on for hearing at 9 a.m. December 29 19
in Department 6 of the Industrial Accident
i
Commission Long Beach
California before the Honorable RAYMOND LEAVER Referee
OT PRESENT
M. Sutton Reporter
DO
7 03 fi
10
11 12 13 14 15
Applicant
Silver and McWilliams by
Edwin Silver attorneys for applicant
:
J. D. Henderson representative for
Insurance Company
American Motorists
FFurnadnklin M. Kaye attorney for State Compensation Insurar
SIntseuprhaennceScChowmepiatnzyer representative for Firemans Fund
James Hummel representative for Insurance Company of Wisconsin Employers Mutual Liabili
Joseph J. Gleason for Weingand Kendig attorneys for Liberty Mutual Insurance Casualty and Surety Company and Owens
insured
and Stockwell Company Aetna
Corning Fiberglas
17
18
,
19
20
2 N
23
N
;
N
N
i
i
N \
:
28 f
29
James C. Thomason for Roberts and Thomason Pacific Employers Insurance Company
attorneys for
Allan Schummer for Clopton and Penny attorneys for The
Travelers and
Insurance
Company
Industrial
Indemnity
Company
Reliance Insurance Company a successor in interest
.
to Standard Accident Insurance Company
James J. Wood attorney for Argonaut Insurance Company
Jack Sisk for Herlihy and Herlihy attorneys for The Travelers Insurance Company and Johns Manville Sales Corporation
LET THE RECORD FURTHER SHOW that Robert Maholchic representative for Zurich Insurance Company telephoned
the Referee and advised that his car broke down and he
might not be able to make the hearing
LET THE RECORD FURTHER SHOW that Kean St. Charles telepho the Referee and advised that flood conditions prevented h appearance He advised that he represented Hardware Mutu Casualty Company which was soon to be renamed Sentry National Insurance Company
LET THE RECORD FURTHER SHOW that Melvin
clains to have been born on October 25 have been employed by various employers
L. Hunt who
1899 claims to
in California an
3
EP
in Alaska
Alaska Alaska Pursuant a contract contract employment
npn
State
of
pursuant
California
contract
through
employment through
into
during
in
time claims
California from have
sustained injury injuJraynuahirsy 1965
during
Gurin:
2
sustained sustained
occurring the course
respiratory
emplo
system
of his emplo ;
if.
1
o
. Employment except admitted admitted
Employment
wo 3
7
' 16 11 12
. Occupation Injury
. Insurance
. Insurance for mecdoivcearlagtereaetxmceenptt admitted admitted 7: .+ MLieabdiliitcyafolr cporstoscured medical treatment
-
10
11 12 13
14 15
Earnings except admitted admitted
Nature extent and duration disability
Apportionment
disability
Lien claim the the
Statute
of
Department Limitations
Employment
Employment
Prejudice by lack notice notice
Jurisdiction
13 THE FOLLOWING ADMISSIONS ARE MADE
earnings 1. American Motorists
14
Insurance 1956 through
coverage for J. T.
July
15
Thorpe Inc. from employment and earnings
1964. Said carrier further admits from
se
16
Department
forth in the letter of
Department as se
17
August , 1965, from the
Health Education and Welfare
Department of
18
19 20 21 22 23 24 25 26 27 28
23
N 2. American Motorists Insw
for year 1954
coverage for C. F. Braun
furt
and set forth forth
admits employment and
the letter of Augu
9, 1965 from the
Department Health Health Education Education Education
Welfare Welfare AUgL
Department Compensation
Insurance Fund coverage coverage
3. State Company
hears 1942 1943
Western Asbestos
and 1953
Firemans Fund Insurance Insurance Company admits coverage
4, Firemans
coverage for
Company employment employment said
Thorpe Insulation
company th
March 4 through April 5
1957 for th
N following Periods: January January 23 through through January 31
UN October 25 1962 through December 5 1952
March 5 1563 through March 1963 1 42
30
admits earnings earnings during aforementioned aforementioned
Sale carrier vurther adits
A Gurins tne aforementioned
in ra
Fees
1.
ard
2,783.95 Periods in the total amount 2,783.95
5. Firemans Insurance Insurance
Industrial Furnaces for the year admits coverage coverage rf;
1959 .
6. Employers Mutual
Wisconsin Liability Insurance Company o>
admits insurance
coverage Armstrong
&
corporation for
Armstrong Company Company
period period January 1944 to
7.
January January 1, 195
4d
Liberty Mutual Insurance
insurance for
Company insurance
Baldwin for the third
quarter 1964 and ang
further employment and
ad
earnings for the third
in the August ,
1965
quarter 1964 as
letter from Department
as refle,
Department of
Education and Welfare
Healtn,
8. Liberty Mutual Insurance Company Company of
, admits employment and
earnings as Health Education
letter August 9 1965 ltr
Welf
of Dept. of Company insurance
9. Aetna
insurance insurance
Casualty ane for last quarter
coverage for Mundet Cork
yea
Company for employment employment
1957 and further
reflected reflected reflected in
admits . and
the
employment as reflected in
aforementioned letter,
10. Pacific for for J.T. Thorpe Ine., for for
September September
1955 Said carrier
January January 1953. saig coverage
period September 1944
through
the January 1 1952 through further further employment employment and earni
reflected reflected
aforementioned during during Period 9
aforementioned aforementioned
1965 as reflected in the
letter of 11. The Travelers
aforementioned
11. coverage Armstrong Cork
Company the period January
28
through January 1054. Said carrier further further
39
D the quarter ending March
31
admits ending
through through quarter
30 the quarter
exploy
e^'naing Merch Si, 5 throush the quarter ending
-
I
March 31 1953 as reflected in
the aforementioned letter of
2 August 9 1965. Suid carrier further admits
3
earnings as reflecte
during these periods in the aforementioned letter
4
12 The Travelers Insurance
Company through Allan Schum
5
admits coverage for
Armstrong Contracting and Supply for the
peri
6 January 1 1959 through January 1 1963
7
;
13. Industrial Indemnity Company admits
5
8 Metal Clad for the Period
coverage for
September 27 1949 through March 31
1954.
Said carrier further admits employment and earnings in 195
and 1953 as reflected in the aforementioned letter of August 9 1
14
Industrial Indemnity Company admits
coverage for
Reece Insulation for the 1 1958 and also admits
period October
employment and
1 1957 through earnings as set
October 1 forth in
aforementioned letter of August 9 1965
;
Argonaut 15.
Insurance Company admits coverage for Monroe
Food Machinery Inc. for the period July 29 1959 through
August 4 1959 and admits employment for the same period and
earnings as reflected in the aforementioned letter of August 9 1965
16. The Travelers Insurance Company through Jack Sisk a
admits subject to withdrawal coverage for Johns Manville Sales
Corporation for the period January 1 1957 to July 1 1957
and further admits employment and earnings for the quarter ending March 31 1957 as reflected in the aforementioned letter of Augus 9 1965
,
17. Zurich Insurance Company through Mr. Maholchic in
a telephone conversation with the Referee admits coverage for Los Angeles Company for the period October 27 1962 to November 6 1963 and further admits employment for the payroll
period ending July 24 1963 through the par llperiod ending
6
1
September 11 1963. Said carrier
admits total earnings during sal
2
period of 1,281.20 in addition to bonus
bonus paid or overtime pay in
3
the amount of 106.40 Said carrier admits
earnings as follows ft
as
the following payroll periods
5
July 24 1963
160.32
July 31 1963
200.40
7
August 14 1963
167.36
*
.
8
August 21 1963
209.20
9
August 28 1963
209.20
September 4 1963
146.44
September 11 1963
188.28
18 Hardware Mutual Casualty Company soon to be renamed
Sentry National Insurance Company through Kean St. Charles in a telephone conversation with the Referee admits coverage for
E.J. Bartells Company for the period October 1 1953 to October 1
1954 and further admits earnings of 1,359.28 for the quarter
ending September 30 1954
19. The above carrier also admits coverage only for Warren and Bailey Company for the period September 1 1952 to September 1 1953
DISPOSITION Continued on notice for full day hearing