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