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FILE NAME Mundet Cork MCK DATE 1946 DOC MCK111 DOCUMENT DESCRIPTION WC Claim of Reilly one C " : ost 2 or? i C noid ; fi ! , SYATE OF CALIFORNIA . uene ACCIDENT COMMISSION pie RECEIVED RECEIIVED NDUSTRIAL RECEIVED awe RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED RECEIVED f byes Paani ere ree vty a e ot 4 ORIGINAL Hand HCandONE FILE SIGHISIDGHID ORIGINAL AND IX Office Office . PLEASE PRINT TYPE NAMES AND ADDRESSES OAK 17130 ' 65 17130 CASE NO 0 ibe 17130 48 JA^ SJ. REILLY . . . t GEELIZABETH GEELIZABETH : 256 Stratford Driva_ . REDRIKAMOTO REDRIKAMOTO A ! An oe co tan Francisco_CiliforniFraancisco_Cilifornia Francisco_Cilifornia ; Ya ; * 03-0330__ Social Security No 45 f . , : aan x " ; , attrehod lise . . CONTIN 392047 POSTGATE ageeRRG 5 . . uo . t . 1 an accached 11st : . see #POV #POV #O KO s QOPLANG ISOVESRCU BARKING seeoondt PoapHts'e cacasas ae i, ] ' aan - h. f ta doilly_ 12-2-0-7 whilemeployeMd arch James doilly_ 1941 11 a 1. * Wd OF PLATES baik o bib alleges 1965 TATE OF EASE is Various- Calif^rnia bytube follower i end_atterbod he i " seboptos oh A^ upatiobny tea...ME SOLD - end_atterbod ot Various- AFII IOWE DO PLACE WORDS MADDY OGGENDBE puseained out of ind in the course of the ' hr as 2 injuryseiring employment at . 14 QS BUPLATES { LI Working in t -asbastosia : lungs . matormaitoriaale lpo~eUNSUSE DAY DECEIVIN ' : STATE MARK *** ** ** PIIR ^ TUREDAND BYNSEQUROT 164UL11649UL19 _resulting | ve aa! a qant . . St {| 800.streched employer's injury the insurance carries data i was | an of insurance . 3. 800.streched + i PAINHA i} iH Dane ? IkNWBOATE CPGSDAT 90. do deben MAN NOT 19awake 19awake aka WIE~EQWIE~EQ QU & ~ . SS : hho, : 4 upt 3.3 2 65.codato 11 BENGAL OYGALLOG~ LAST ; 1000RS E3F Bi"lt li^ t"g t i" SAP SAP KL5WANT KL5WANT TO WOOL ONNE a , my errs _ eg 4. Ws ' compensation compensation paid 10 6497 40 a4 Ws ' dined SALWERT gatp . bry . OME DENGER OLTE KATE OF injury horn^ . 231.00 231.00 tS was BIT hr , Earnings as time of a UFAIK GA Use The 79 back of pay 1414 FAT FEWO DE FOG^ LEBare horn^^ ANG AKTS * . bourhr . , Was treatmapDrtreatmapDr I needed d Was medicmedicaal ltreatrtemaetmnetnt needed 146 KO WhoWho fufrunrisnhiesdhed Eltapatriok . . Ss wt a a * j . : . oy WHO SIVE SABE #FOGLINI#FOGLINNI WAS TARAKEN 16 I4JORT AND STATE FA^ ANEUEN silas . : 7. This application is filed to determine liability fors , , . a lo. , eet s , Permanent bos Medical co42 disability_b disability_b aout ge t. lag 4 . a Temporary _ disability_b disbility y ay Medical essment d 0 . . - 4. litlgaititonigaltionitigation vapense you vapense .. . ^' TL98 8K GIA,/KEL KON 7 t : ted el : : if of Left C # HGERE of MD GPRS EPPACAB~"GASTILED madegranting mich velief be : requested ! WHEREFORE it is that a time and place be fixed for beaving and that on award be : ite proper under the Workmen's Workmen's ; Laws of California Compensation Celifsentit . Dated soa or may velief , or : : Oakland Oakland Jung 14 . . pase , Jane a-F . a i: 2learing requested statestateLaLnd staeLand stnateLdand KANG winema Number of unknotED- unknotED- an sp BEPLIKART3diensvand ; p PLAINTIFF EXHIBIT CCS 5151 PLAINTIFF'S Estimated time of tritt..please held off colander ne a oot ' SECANINO1 T)hat thle mattor ba , 22A3 subject to being " .qmuuestt fe wad ue re ait t eee, Ro~ ovco JUN 17 19445 GMITH PARISH PARISH-PARUCE- $ Euilding 319 Vinancial Contor Euilding ' 2-20 0 . She2-20 0 -Oakland CalfCalf thes 2-2000 Cei4ge ore Claim D^'partmentOffice' COMPANY | TRAVELERS INSURANCE 1956 WEUSTER ST Dah ae o > 9 - : : 4 7. on a les Yes ve . Ni + Bae ; . 7 Smith Parrish Cla arte otf * ae . 7 . oa sy Paduak and Attorneyo at Lay "wee!a EP vee an 7 oom a wet February 1967 no moa INDUSTRIAL I oo * INDUSTRIAL 315 Financial Condo ' CaliforniaCWEIOVREKDMENS COMPENSATION Oakland 12 OAKLAND 172H3i6lly vs Fund ACCIDENTS m, s CaliforniaCEIVED CaliforniaCEIVED James J. 2 857 Insurance -- -- W-- --e... stern Asbestos et al and FED -- -- -- --... State Compensation Insurance FILED G5 QAK on et al i Joining Defendent The Travelers Insurance The 1-1-67 Order Party , is Com any for Faldwin Mirot and Hill Inc. in error We were , contucted by Hr Humbert Koalini of Inldwin first and Hill Inte | who advises that for the period 2-19-63 to 2-10-64 the employer * - = vas landet Cork Conrany and aft^,r2-10-46 the employer was Bald~- in ' Krat and Kill Inc. te understand that Aetna Casualty provided aa woe the worizon's onention insurance for Bindst Cork Company 710 Tomalle Avenue lorth Darren New Jersey Both I H. to und Liberty Kutual Insurance Company provided the applicable applicable work's cansation insurance for inldwin Ehret and 181l Inc. / oo enloyer enloyer The advinos un that The Travelers Insurance Company did not provide the coverage for the periods of employment in- question Please have us dismissed as a party defendant for. ; . Line Adjuster DATSCLES DATSCLES . ' 00 CAB 1121 Jackson St. Oaklan~d~ attni koferoe Dunbar a - ; a ; VIT EXHIBIT Creme Staymeremmewneett WORKERS COMPENsation appeals BOARD Mw STATE OF CALIFORNIA 3 f JAMES WHITCOMB RILEY CASE No. 57 LA 182-835 8 Applicant VS. MANVILLE INC et al and GUARANTEE INSURANCE COMPANY et al CERTIFICATION CERTIFICATION CERTIFICATION Defendant / 10 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the record 13 of this office in the entitled matter ne. 14 ATTEST my hand and the Seal of the Workers Compensation 15 Appeals Board of the State of California 17 18 19 4 20 Workers Workers Workers Workers CCoommppeensnastaitoinon ApAppepalesals Board 21 ID 22 1-66 23 24 Dated at San Francisco ---- -- 25 California this 28th day 26 of September 1983 84-12340 84-12340 84-12340 27 Mla EXHIBIT DIA WEAR fox 11 EW 1.151 T rete OO.F DEPARTMENT OF MOUSTRIAL RELACIONE BIVISION BIVISION OF USTMAL ACCIPERTA er CERTIFICATE CERTIFICATE . Cee ee ~~ mM epee oan, OF AUTHENTICITY 4 yt fi aff oe a JAMES WHITCOMB RILEY ' ) Applicant JCHNS ILLE INC COAST INSULATION PRODUCTS a corporation et al GUARANTEE INSURANCE COMPANY et al > Defendant 182.135 182.135 182-83 CASE NUMBER 57 LA 182-83182-83 182-83 CERTIFICATION FOR EVIDENCE I do hereby certify that I am the presiding Worker's Compensation Judge and that I have legal custody of the captioned documents and that said copies attached hereto compose the entire file and same are true and correct copies of the documents contained in the above styled cause This certification is for evidence only pursuant to Rule 44.01 of the Tennessee Rules of Civil Procedure and Rule 44 of the Federal Rules of Civil Procedure and is not to be used for filing with the County Court under the California Labor Code Section 5806 Attest my hand and the Seal of Appeals Board of the State of California Worker's Worker's Compensation CASE NO LA 182-835 GRACE RILEY by her va Guardian ad Litem and Trustee James C. Riley MANVILLE et al Referee Dictated OECROE A. August 2 MARTINELLI 1961 Injury January 1920 thru May 19 1957 Death January 24 1961 REPORT OF REFEREE ON ORDER APPOINTING TRUSTEE FINDINGS AND AWARD AND ORDER FOR CONTRIBUTION - Reference is made to the Report of Referse on Supplemental Hearing dated June 15 and 16 1961 ; The original stipulations concerning apportionment were amended by Plant Rubber and Asbestos Works recalculation of the individual liability of the participating employers Notice of Intention to issue Pindings and Award and Order for Contribution in accordance with stipulations as amended issued July 13 1961. No objection having been received thereto we are submitting Order Appointing Trustse Pindings and Award and Order for Contribution herewith GAM NN GRACE RILEY, by hep Svardian ad Isten GRACE RILEY by 57 La 192.336 192-335 . JOHNS MANVILLE INC., a MANMAV NVILLEILLE al INC al. James James REFEREE Riley Riley 4. QEORGE A. MARTINEMLLIAMRARTITNELILI NEMARLTILNELILI QEORGE A. MARTINELLI Date injury Jan. 1920 thru tary Date death Jan. 19 1957 1957 June 16 1961 sh and 24 1961 1962 McLaughland Evans McLaughland Evans John P. McLaughlin McLaughlin Hays Attorneys Attorneys applicant applicant Gould Bowers David B. Allen Allen ~ Attorneys Attorneys Bowers Insurance Allen Guarantes Herlihy Herlihy Guarantes Insurance Thompson - Attorneys George Industrial Indemnity Co. Co,, Fireman's Industrial Company Argonaut Insurance Insurance Company and Insurance Employers Liability - Assurance Assurance Corp. Employers England London London Clopton Penny Robert Penny - Attorneys for Employers Insurance Co. Weingand Kendiz Tipton Stockwell Stockwell b Claude attorneys Company General United United Pacific Insurance Company Accident Insurance * Corporation Corporation Associated and Indemnity Sciaroni 7 Brobeck Harrison Phelger Plant Rinaldi Rinaldi Sciaroni Attorneys and Rubber Asbestos Asbestos Producta Corporation formerFliybreboard Paper Parrifine Corporation Inc. also known The Parrifine Parrifine Company Inc. formerly known Pabco Pabco - Products Bilchak insured Company representing The Travelers Insurance = Ray Company attorney for Company Standard Accident Insurance - P. Company Carignan Insurance representing Company American Motorists ~ McCaskey and Licker by Robert ~ McCaskey National Automobile Casualty Co. George R. Haswell by and Shelton Jr. Attorneys for George C. Insurance Co. ~ Petersen Wills Liberty Mutual Bennett , Attorneys and Hiestand for Mutual Liability Liability Insurance Co. oEfmployers Mutual Liability * Arthur Wisconsin InsurHaenrcsehePnusnodn attorney for State Compensation sting REPORT REPORT REFEREE ON SUPPLEMENTAL HEARING Te parties above their their stipulations stipulations the naabmoevde matter follows follows matter ag followa: 0onsistin Phe total value value the he following items claim is 25.720.07 oon | of 7,680.00 4.592.76 9.959.76 te us 2.437.55 2.437.5 2.437.5 4.592.76 TT! 9.959.76 taunee nee MedicaTelmporary treatment Statutory death ] Ne r9ei.mb3 urs2em6en. t 7rei6 mbursement follows ) commuted value 400.00 burial procured 233.00 for self procured Representing Representing the which Administration Administration which Administration paid Veterans Administration Administration tO Veterans Administration the from be para of benefit 200.00 There reimburse reimburse 200.00 200.00 lien The reimburse Travelers Insurance Insurance Company the Paw oot for its Travelers saurangce Company, a sum of corscratioan, $2,4r7,dar9Industria) idemnit Y CompSORaPAnRYy'S's prooproretiona share is 45 Industrial Iademn^' a2n,d417.69 Industrial Indemnity CotmpyanCy ompany, corporation Industrial Industrial Indemnity Indemnity Company Company corporation one the Pindings of the the pald paid Pindings continue will Industrial Industrial the entire 4 for Industrial Indemnity Indemnity corporation ccoorporratipon oration be ve reimbursed by the defendant defendant carriers and insured insured employment employers liability liability employment in forthwith State following amounts Pund Compensation Compensation Insurance ... 1,007.91 Compensation Plant and Asbestos Pund ... 1,007.91 Fibreboard Fibreboard Paper Corporation Products insured Pacific Employers 7,004 .91 Company 7,004.91 Pacific Mutual Insurance Ae 4,464.10 4,464.10 .i0 Company 4,464.10 Liberty Insurance Travelers Insurance Company rer 1,308.41 1,308.41 Aetna Casualty Insurance 1,308.41 1,308.41 Company 1,206.99 United Surety Company Quarantee Insurance Company TIE Insurance Company 832.20 645.15 645.15 Argonaut Insurance Company 725.01 725.01 .... Standard Company Accident Company 216.54 American Motorists Insurance iii 1,856.14 1,856.14 Company National Insurance Casualty 83.49 44 Employers Automobile Assurance Company Liability Corporation 83.49 Employers London England Assurance ttt Fireman's AccidenItnsIunsruraancne ce CompanyhtIt nsu2 ran. ce320.37 2.320.37 General & Life Accident Indemnity Company Insurance tet tees Corp eee 50.02 50.02 37 Company us. 50.89 The ee etTs 50.89 been liability of the 3g liability been liability employer Janar Employers insurance Olneh Mutual Liability determined Ita Insurance Insurance Company Wisconsin refused acacrorripeorraEtmipolnoyers represented at Liability the hearing hearing refused to partake in the stipulated apportionment . set for further hearing sitnipulated determine order determine determine NOTE The by Mr, Sciaroni foregoing foregoing stipulation insured confirmation representing Findings the employers insured employers Upon therewith and confirmation confirmation matter and Award will hearing hearing accordance therewith will be reset for hearing accordance therewith Roe: Pee ae ISSUES It IT ADMITTED 1899 Ne 1899 January that James January 1961 result his attorneys fees have as paid for this hearing industrial arrangements arrangements No been paid for this arrangements arrangements hearing, no arrangements. A we vn Dependency i. 8. Liability Liability Apportionment 3. Apportionment contribution contribution expenas| Apportionment SOntrt button, = Park JAMES Pamona JAMES California called applicant California ws called bY applicant testified testified substant 48 follo applicant, Veatifled substantts from Superior Superior Court Court was Superior Superior Court appointed appointed The guardian marriage nis hia displayed parties the father certificate certificate which which W@2 displayed November t 24he witness , are and mother mother was bor; born were 1924 his knowledge kknnoowwleldegedge neither nor nis his California previously previously previously married father and mother nastiage Pee} California all at times all times, and from date their nastiage date and nastiage mache? reaised the date of their Refriage 110) Me , until the date of the decedant's death they resided together as husband and wife There was no separation or action for di filed by one against the other the There are three children of the marriage The all living the witness Larry age 31 and Mary Lou age 34 deceased contributed to the support of no one except his wife within a year prior to his death The burial was paid by his mother and the entire bill including cemetary amounted to 1100 The undertaker's bill was seven hundred some odd dollars DISPOSITION Upon confirmation the time Findings and Award will tions of the parties matter will stand submitted at which issue in accordance with the stipula- The matter will be reset for hearing in order to determine the liability of Jamar & Olneh Company and Employers Mutual Liability Insurance Company of Wisconsin a corporation the carrier on notice to all parties A half day will be allowed GAM L GEORGE A. MARTINELLI Referee me BEFORE THE INDUSTRIAL ACCIDENT COMMISSION CASE GRACE RILEY by her Quardian ad Litem and Trustee James C. Riley NO LA 182 OF THE 835 STAR ott fa L i + . OF CALIFORNI CALIFORNI <2 =z } ar NOT CUES CUES Applicant VB ORDER APPOINTING APPOINTING MANVILLE INCORPORATED a - corporation SOUTHERN ASBESTOS & MAGNESIA CORPORATION a corpora tion ASBESTOS COMPANY OF CALIFORNIA COMPANY FLANT RUBBER & ASBESTOS WORKS LOS ANGELES RUBBER COMPANY MARINE ENGINEERING COMPANY COMPANY a corporation FIBERCLASS ENGINEERING & SUPPLY COMPANY a corporation ROBERT 0 LYNCH an individual doing business as Lynch Asbestos Company and Lynen Asbestos Company a corporation PLANT INSULATION COMPANY a corpora- tion COAST INSULATION PRODUCTS a corporation ARMSTRONG CORK COMPANY a corporation J. T. THORPE INC a corporation WARREN AND BAILEY MORGAN COMPANY CORNING PIBERGLASS COMPANY PACIFIC COAST DIVISION FLANT INSULATION AND THORPE COMPANY WESTON ASBESTOS COMPANY M. R. CARPENTER PLANT RUBBER AND ASBESTOS WORKS EARL O. STICE COMPANY UNITED CORK COMPANY CORK INSULATION COMPANY MUNDT CORK COMPANY METAL CLAD INSULATION COMPANY OIL PIELD CONSTRUCTION E. J. BARTELLS COMPANY ISOTHERM COMPANY JAMAR & OLNEH COMPANY ASBESTOS BRODUCTS COMPANY UNITED REFRACTORY CONSTRUCTION COMPANY PHILIP CAREY MANUFACTURIMANUNFACTGURING COMPANY REESE INSULATION COMPANY LOS ANGELES CORK COMPANY MOUNTAIN STATE CONSTRUCTION COMPANY FRESCARD PAPER PRODUCTS CORPORATION PARRIFINE COMPANY INCORPORATED C. R. CUTTON C. A. LEIGHTON WESTON PERE GLASS SUPPLY ITD TRUSMES FINDINGS AND . AWARD AND ORDER FOR CONTRIBUTION . a EMPLOYERS LIABILITY ASSURANCE CORPORATION LTD OF LONDON ENGLAND a corporation THE TRAVELERS INSURANCE COMPANY a corporation ASSOCIATED INDEMNITY COMPANY a corporation PEREMAN'S FUND INDEMNITY COMPANY a corporation AFTNA CASUALTY & SURETY COMPANY a corporation INDUSTRIAL INDEMNITY COMPANY a corporation EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN a corporation GUARANTEE INSURANCE COMPANY a corporation ARGONAUT #SURANCE COMPANY -1- i] a corperation AMERICAN MOTORISTS INSURANCE COMPANY & corporation ZURICH INSURANCE COMPANY a cor- poration PACIFIC EMPLOYERS INSUR- ANCE COMPANY a corporation corporation COMPENSATION INSURANCE FUND UNITED COMPANY PACIFIC INSURANCE STATE STATE STATE STATE THE a corporation STANDARD ACCIDENT INCURANCE COMPANY a corporation GENERAL ACCIDENT PIRE & LIFE INSURANCE CORPORATION a corporation NATIONAL AUTOMOBILE AND CASUALTY COMPANY a corporation LIBERTY MUTUAL INSURANCE COMPANY a corporation Defendants Sees seee as eto mwmea sens ee we tee eee applicant'a Haya McLaughlin and Evans aplicant'a attorneys by John F. McLaughlin Spray Gould and Bowers by David B. Allen attorneys for Quarantee Insurance Co. Herlihy and Herlihy by George Thompson attomeys Fireman's Insurance Assurance for Industrial Indemnity Co. Pund Insurance Company Argonaut Company and Employers Liability Corp. of London England Clopton and Penny by Robert M. Penny attorneys for Pacific Employers Insurance Co. Weingand Tipton Kendig and Stockwell by Claude Weingand attorneys for United Pacific Insurance Company General Accident Insurance Corporation and Associated Indemnity Co. Brobeck Phelger and Harrison by Rinaldi Sclareni Jr. attorneys for Flant Rubber & Asbestos Works insured and Fibreboard Paper Products Corporation formerly known as The Parrifine Parrifine Company Inc. also formerly known as Pabco Products Inc. insured Joseph Bilchak representing The Travelera Insurance Company Ray Cusick attorney for Standard Accident Insurance Company F. E. Carignan representing American Motorists Insurance Company by McCaskey and Licker Robert Licker attorneys for National Automobile and Casualty Co. George R. Haswell by George C. Shelter attorney for Liberty Mutual Insurance Insurance Cov aS Petersen Wills Bennett attorneys for Insurance Co. and Hiestand by pay Employers Mutual Liability of Wisconsin f Arthur Herahenson attorney for Compensation Insurance Pund State James C. Riley having heretofore been Quardian ad Litem and GOOD CAUSE APPEARING THEREPOR LA 182-835 -2- "oar IT IS ORDERED that James C. Riley be and ta ta hereby appointed Trustee for Grace Riley to serve without bond An Application for the statutory death benefit having been filed herein and and Award having filed their the defendants under prior Request for the joinder of Findings additional employers and insurance carriers together with Petition for regularly apportionment and Contribution and the matters having been heard and submitted for decision GEORGE A. MARTINELLI Referea makes his Pindings and Award for the statutory death benefit and Order for Contribution as follows FINDINGS OF PACT while employed 2 as an James Whitcomb Riley born October 23 1899 insulator by various employers in the State of California commencing in the month of January 1920 and continuing through May 19 1957 sustained sustained injury arising out of and occurring in the course of his employment as follows In the performance of his occupational duties the employee was exposed during each and every day of his employment to deleterious dusta which caused a pneumoconioals pneumoconioals with superimposed superimposed tuberculosis rendering the employee totally disabled on May 19 1957 ne Lo. bo 2. Pindings und Award issued in the employee favor on November 27 1959 imposing liability for said disabislietty en upon the defandant employers and their insurance carrier^ issued forth more specifically in Findings and Award which 27 1959 and which is incorporated herein as part of this Findings and Award Said Findings and Award are final ~ As _ 3. Said injury caused commencing May 20 1957 through January employee to 40.00 per week during said earnings temporary total disability 23 1961 entitling the time based upon maximaa death was 4. Said proximately the employee died result of the January 24 1961. industrial injury Said herein 5. Deceased left surviving him totally dependent Grace Riley his widow who is entitled to the statutory death benefit in the sum of 10,000.00 payable at the rate of 40.00 per week beginning January 25 1961 together with the burial expense in the sum of 400.00 herein that the 6. It is to death benefit the best interests of the be commuted and paid in a applicant lump sum 7. The total value of the claim herein is the sum of 25,720.07 comprised of the following items a For temporary total disability indemnity $ 7,680.00 , b Por medical treatment 4,592.76 c The commuted value of the death benefit 9,326.76 d Reimbursement for burial expense 400.00 ) Reimbursement for procured medical treatment 233.00 f Lien claim of Veterans Administration for medical treatment 3,487.55 B. Industrial Indemnity Company a corporation one of the defendants held liable under the original Pindings and Award is liable for the payment of the entire Award herein 9. Indemnity for all periods of temporary disability has been paid and all medical treatment furnished by Industrial Indemnity Company a corporation except as hereinafter noted representing 10 The following sum remains unpaid the statutory death benefit reimbursement 13,447.31 for self- procured medical treatment and reimbursement for medical rendered by the Veterans Administration as more specifi set forth in Pinding 7 services against unpaid 11. Applicant's attorneys are compensation for the reasonable Sy? entitled entitled lish : He He services in the sum of 750.00 -- ; 12, Tne Travelerg =Nsurance 1a entitied so Company corporation corporation 12. The Travelers unpaid entitled compensation the sua of or in the aum ef sum 13. Veterans Administration Veterana payable Industrial Industrial Indemnity entitled entitled lien lien bien Indemnity Company Company a 14, THe industrial injury death herein herein wers the result of exposure to deleterious dusts the result result over continuous continuous period proximately caused by employments employments of other that for fer proximately Indemnity Indemnity Company corporation which Industrial og corporation the carrier carrier thase known employers and The liability of insurance carriers based exposure is as follows Company Plant Rubber and Asbestos Works $ Associated Indemnity Co. Associated Pacific Insurance United Accident Fire & General Insurance Co. Co. National Automobile & American Motorists Casualty Co. Guarantee Insurance ICnos.urance Co. Liberty Mutual Insurance Co. Standard Accident Insurance State Compensation Pund Argonaut Insurance CIon.surance Pund TEhmeploTyrearvselers Insurance Assurance Liability Assurance CEnogrlpaonrdation Ltd. of London 6,061.81 _. 842.05 51.26 51.26 1,473.37 1,473.37 651.77 441.09 219.31 1,085.58 733.59 1,324.91 1.481.54 1,482.54 Aetna Casualty & Indemnity Co. Fireman's Fund Indemnity Co. Industrial Indemnity Insurance Pacific Employers Insurance Co, 2.374.97 2.705.28 4.603.63 25,720.07 Total , . , "ee ee insurance carriera whose liability 15 There are employers and liability contribution 2n contribution not deen determined liability . diction diction reserved reserved further further aaid lias request request of any party interest upon Atyuper eb 7 AWARD Industrial AWARD AWARD MADE in corporation corporation corporation payable Indemnity Company a 05- payable te bese James James C, 5= forthwith Riley Trust~ s the sum of 13,447.31 payable together with interest as provided by law less 750.00 payable to Hays McLaughlin and Evana as atorneys attorneys fees leas 200.00 payable to The Travelers Insurance Company a corporation and less the rum of 3.487.55 3.487.55 payable directly to Veterans Administration ORDER FOR CONTRIBUTION IT IS ORDERED that the employers listed below pay to Industrial Indemnity Company the following amounts forthwith or carrierscarriers a corporation Plant Rubber and Asbestos Works Company ) $ Associated Indemnity Co. United Pacific Insurance Co. General Accident Fire & Life Insurance Co. National Automobile & Casualty Co. American Motorists Insurance Co. Guarantee Insurance Co. Liberty Mutual Insurance Co. Standard Accident Insurance Co. State Compensation Insurance Pund Argonaut Insurance Co. The Travelers Insurance Co. Employers Liability Assurance Corporation Ltd. of London England 6,061.81 81.85 842.05 51.26 84.47 84.47 1,473.37 652.77 441.09 219.31 1,085.58 733.59 1,324.91 1,481.54 1,481.54 Astra Casualty & Surety Co. Fireman's Pund Indemnity Co. Pacific Employers Insurance Co GAM DATED AT LOS ANGELES AUGUST 3 1961 , SEAL CALIFORNIA Referee INDUSTRIAL ACCIDENT COMMISSION PARTIES SERVED 8-3-61 nna Orace Riley James 1506 West Juno Avenue Apartment 1 Anaheim Calif C. Riley Veterans 1596 West Juno Avenue Apartment 1 Anaheim Calif Administration Veterans 5701 Bellflower Blvd Long Beach Attn A. AdP.miWniilsltriastiRoengis5t90r1ar East 7th Street Long Beach Hays McLaughlin and Evans Spray Sould 6331 Hollywood Blvd Los Angeles 20 and Bowers 1671 Wilshire Blvd. L.A. Herlihy and Herlihy 412 W. 6th Street L.A. 14 Clopton and Penny 639 S. Spring St. L. A. 14 Weingand Tipton Kendig and Stockwell 611 Brobeck Phelger and Harrison 111 Sutter S.Catalina L.A. Joseph Bilenak The Travelers Ray Cusick Standard Accident Insurance Ins St. San Co 510 W. Francisco 6th St L.A. P. E. Carignan American Co. 548 S. Kingsley L.A. ' McCaskey and Licker Motorista National I^-a Co. 3545 Wilshire L.A. George Haswell Auto Liberty Mutual & Cas 639 S. Spring , L.A. Petersen Wills Hiestand Ins Co. Employers TH S. Hill St. L.A. Co. of Wisconsin 3540 Wilanire Mutual Liability Insurance Arthur Hershenson Blvd State Compensation Ins Pund Box 2134 L.A.54 Associated Indemnity Co. Box 2133 L.A. 54 Guarantee Insurance Co. 1671 Industrial Wilshire Blvd. L.A Indemnity Co. Box 2252 L.A. 54 Pireman's Fund Insurance Co. 3440 Wilshire L.A. Argonaut Insurance Co. 1001 Wilshire Blvd L.a. EmpHlaomypesrhsirLeiabLi.Al.ity Assur Corp. of London England 639 S. New Co. Pacific Employers United Insurance Co. 1033 S. Hope St. L.A. Pacific Insurance Co. 616 s Shatto General Accident Fire and Life Ins Co. Place L.A. Plant Rubber and Asbestos 3535 W. 6th St. L.A Plant 2741.S. Yates Ave. Los Co. / Angeles Insulation Co. Pibreboard Paper Products Corp. Phoenix Indemnity 3750 475 Brannon St. San Franciaco Aetna W. 6th St. Spring Casualty & Surety Co. 810 S. Spring St. L.A. 14 Zurich Insurance Co. 65 Wilshire L.A. MAcrnCoalrdtnSemyitHhallSaacnrdameRnytaon 639 s spring St. L.A. 19 Division of Labor Statistics San Francisco MaGinlbveritslonle Inc. P.0.30x 9067 Long Beach 109 Attn Bert | J wokper a)rig 2 . Rd martes THR LMURITALA! daeis ipptions ES AAT ipptions ipptions ) Ve ee ASTSASC T omes Oe Wb aPaTN uF GALI eas@WO. SY LA LAte8)5 a . . ait ny O . ~ oe SOW Ze ATPL, THOOAPORITET, & eersormaciaong ' STL Se Sovea e tf waeer TR 0972 0972 # 6977AN lens ASURE TTAS LAPASY LAPASY CO Cali70 Cali70 511 PLANT RAPEZZA RAPEZZA & LINS70 LINS70 COMPATI COMPATI ae Rie ARTI oS WORN CRSA YY San 787 561 561515561 151 5.80497 5.80497 a comparation~ficomparation~fi BANGLABZ ANGLAZa aBANGLAZa Kadl^si4150 Kadl^si4150 Kadl^si4150 & 667747 88-7167 @ temparella6 ROTAT A LYH57 an individual amine besiceass ayne ayne Labestua Campanty aml Linan 4 Asbestos ares, & Gre neret Ly PLATT HA # U14736 ** @ Lijedi fae 27783 #WI 17 / Tl, & 0871935530 TRIED AS COMPANY & Berpirsi Lenj J. T. MA I3-,, & TBL^ ND PATCH AN PIL Po /v So AR Corea FIBRIL^ ZS OVLX OVLX / 0371UM 0371UM FIBRIL^ ZS FIBRIL^ ZS KOMPATY .12721 2.300 VIZIGNS VIZIGNS PLAY PLATION PLATION AST 790371 57 SOLSTED L71221197 L71221197 165EACH 165EACH COMPLS AFTOS LT .,g af 128 100LAAT I Garperatisa, Kee Teds ak ca Je VD Tahar @ eerporation; AYO UATRL toe SAMV 07794 207 twe 881 SAMV JUDA Tasch try Cs tot, p 107337841081 1. TIA SARA & LU PY 12 Phut & suspupet suspupet suspupet vasats TRI AL 191676171 191676171 CONANT CONANT 1 DCP6- DCP6- Riorp Se PL SB! HERBAL LINILITY LINILITY IS 95 ASSL Totes LPTs mY, a Oupporation 604718754 604718754 Pe tse ta SW 207 vorju vorjull10010 vorju0l100 AOe: a ae ier We JATYJATY 7at7latluung n 7atlugng 7atlung BOUL $ i t f eee eee te Berporetinty Velo Tha caak. kd gaat, 1201291 1201291 Freire2 cio t. IN 274571 274571 & @arparatiaa . Anak s | 1 Indemnity Liability Patitions for Recor doration were filed by Industrial Company Pireman rund Indemnity Company Employers Assurance Corporation Ltd. American Motorists insurm Company and Quarantee Insurance Company contending that applicanti failure to make an election under Lubor Code Raation 4500,5 and hia failure to join all proper defendanta together with tha vD~ S nees of his allegations and testimony do not justify the Joint and Several Award that such an award works undue hardship and penalises sooperativa carriers and that the award should have been apportions on a percentage basta sonsidering ment over the whole the amount of coverage and entylay- On May 23 1957 appliemt a year asbestos vorker filed his application ullaging injury to his lungs caused by exposure to sabestos dust as a result of which he had to leave work May 19 1957. in an emended Application filed July 15 1957 he alleged the date of injury was 1920 to May 19 1957 and 1lated twelve employers during that period Subsequmtly two more employers vere joined one by applicant and one by defendant and on July 9 1956 a request vas made for the Social Security records These records indicated many Bore potentially liable player~-however is more were joined in this proceeding on July 13 1959 a biopsy confirmed the diagnosis of asbestosis as well as carcinoma and other pathology related to the asbestosis Un November all of the timely joined 27 1959 findings defendants who had and Award lasued holding appeared in the matter jointly and severally 1lable Labor Code Seation 5500.5 provides that the employee making a claim of secu ational dias way sloot to proceed agains any one or more of the employers named in his Application tion to proceed is inherent in and manifested manifested by the set of ing Thus where only one of several employers is named in An eleom proceedthe Application the act of filing and proceeding against that employer is an eluation Similarly where the employee names a number of employees and prosecutes his elain qainst all of them as hope it la obvious that he has shosen to proceed against all of the The reason for the right of election is to free the appli- sent of the necessity of joining and proving his seas against all potentially liable defendanta In the instant se the applicat alactad to proceed and elected not to against proceed all the against alere alere he named and all oders whom the Jolama orge should have been joined defendant ry 2 wn SOE awarding the Insomuch as applicant did make an election the form of award_vas award_vas mandatory under the provisions of Labor Code 5500.51 compensation 6 6 any sward which the Commission shall laewa Sesti compensation benefits shall be a joint and several award . . 0 7608018 Cover any Neotion Neotion 227 ferred Applicant's right to a joint and several award apportionmens vas daslared by the Supreme Court with de- the enactment of Labor Coda years before 5500,5 In Colonial insuranes A ....C Neotion Neotion the sourt sald~- Re require an employed disabled with mah 4 diseans to fix upan each of the carrier or employers the precise portion of the disability attributable to its contribution to the equae of the malady is not in sonsonance with the liberal interpretation and application requirad of the workmen's compensation laws The successive Carriers or employers should properly have the burden of adjusting the share that each should beer and that should be done by them in an indew pendent presseding between themselves They are in a better position to produce avidense on the subjeet and satablish the proper apportiorumun apportiorumun All of them may have contributed to the and the employes should be permitted to pdriossasbeidlity against and have an award against any or all of them for the whole disability if the evidense dig loses that he was exposed to silisa dust his period of employment with each of the during employers zanad employe's Cuspray 5560.5 5560.5 Walter employers employers from Court in GlTohbee foIrnedgeominnitgy was cited and followed by the Third Flatris and in tata of Cuspray v 1.A.C Trambath 19 000 132 138 22 CCC well stasmuont njubles njubles Mind - J.A. ICU 107 wo wo sonst iad ane . ostion lattor Gane the Supreme Court pointed ut that it in the the employee's standpoint that'the initial was desirable simple as possible and that the sumployee sphroousledednloitngsbe beconkceeprtnedda with whether all of his employers or their insurance tarrier have hem sought out of of even participating as an active in necessary to determine the ultimate party proceedings in mind that in the anportionmanta . 6," but bearing when an award original be proceeding sadis employer named and againas sal made is jointly and severally liable the provi aion for aupulamental aupulamental procendin'a to detarmine marily for the banofit of the apportionment la pri The holdings in the above cited anees VOPO thia Panal in the case of Blazina ... Anaconda fn tas Con, ayy 0 Subsequent \ No. 55 LA 100-37b an invulted a contribution Trui -by is i awe aA Fe ae no be . . 7. Injuries Pund The Imel stated the fall^,wingt Briefly reviewing the proseedings in this tass it should be noted that after lang prom mos Award codures Findings and first lamed on Kay 22 ~ 1956. Prinsipally the award van for tempo sie disability which was on continuing basia and - for medical treatment The liability was separated and apportioned among the various defendants in- aluding the Subsequent Injurias rmd Under this called apportionment tan of the defendante were upon to make payments of loss than 1.00 per veak Potitia Potitia for Resonalderation were filed by the Subsequent Injuries rund and two of the insurans tastiers The petitions vera ranted The Panel on its own motion granted reconsideration to the other defendanta The Panel at that time expressed the opinion that is was improper to make an award joias directly against the subsequent Injuries Aund favor of the employee he also observed that mrard against the other defendants must be la the and several We also the statute the purpose of a discussed the Pedrota care and in question and pointed out that joint and several ward was to numa Pous obviate the payment to the applicant of small amounts by numerous defendante Cup deelsions in many other casas has been to the same affect Not only is it impractical to expect an employee to seek payments of compensation in small Mounta from various defendants but it is even more impractical to expect him to obtain medical amounta treatment and then expect his doctors to bill numerous defendants in anall or hospital On page 4 of said Decisim the mel sontinuedt We Meognise that rubdivision b of section 5500.5 provides that the Commission shall direct that the subsequent Injuries and contributian shall be paid either directly or by way of paino bursing any unployer or emilayers emilayers who have paid said award 2 4 6 0 ) Mita may be takert as author it for making an award directly against tha wubsonLent injuries rurul . qwever throughout the section 16 ls stated that the award against the wumployers basis for Ahall be Juint and soveral There is no Including the subsequent injuries Fund be one of the defondants who is jointly and soverally liable no recognise that the rection 4 e Pe Se * . . . [ uses the phrase aspertionment of liability op Fight of contribution llowever ve have taken the word apportionmens in this situation to mean apportionment of the contribution righta of the defendants rather than an apportionumen of their direct liability to the @plisant In the second paragraph of the section is la statad that the award shall be joint and several against the employers In subdivision a it is again stated that all employ 'pa mnall be jointly und severally liable In subdivision b the joins and several sharuster of the aard is again recognized It appears to us that it is mandaw tory that the award be joint and several Tims there cam to little doubt as to the propriety of a Joint and Several award in the initial proceedings of an oecupem tional disease da20 In cujachi T. Allow Steel of ales defendant 56 LA 172 94lan occupational disease Gaza who serriaru serriaru amparantly questioned the efficacy of a Joint and Several mard m^ they failed to pay it The Commission issued certification of the ward judgment was entered and execution levied on one of the jointly held sarriors selected by appliemt's counsel Thereafter the award was paid The provisions of Labor Code Jection 5500,5 for election Joint and several mand and supplemental proceedings are integral Parts of a purposed plan to get compensation to diseased applicants without the extended proseedings and delays that would | otherwise edaue Without the joint and several mvard the intuan of the law would be frustrated and the other provisions rendered fitile Some of the petitioners complain that they were held on the basis of vague allegations and vaque testimony contradicted by other evidence and records not in evidence and that a Joint and Several award based on such evidence penalises couperative sarriera and will lead to the withholding of records and information in the future to the detriment of all concerned appearings before the Industrial Accident Commission on cases such as this Yeguanaga of allanation and testimony are concomitant with odcupational dissese cases for reasons reshised by petitioners it is primarily because the recollection of a 20 to 30 year smuloy- ment history of an alling applicant is apt to be Taque that the law provides for election joint tion of contribution rights and several overd and weferred detamaina detamaina Despite this attempted protection litigation of an occupational disease can frenuently take years durin which time suo auplisant may be uncompensated and undared for Death not quently interrupts the claim of a moriband applicant before final determinatim of his rights can be made For the foregoing reasona IT IS ORDERED that the Petitions for Reconsideration be and are hereby denied te seme INDUSTRIAL ACCIDENT COMP ->I / B KARVID / JULIUS MIDDLEZ // RUSSELL MATHER slo slonen slonee rs aszvalk DATED AT LOS APORLES CALIFORNIA Job fy 1960 | CASE NO JAMES WHITCOMB RILEY ; L.A 78 182-835 JetOHNS MANVILLE INC Referes Dictated George A. Martinelli November 25 1959 Injury Beginning Jan. 1920 May 19 1957 REPORT OF REVERED REVERED ON FINDINGS & AWARD FINDINGS & AWARD pneumoconiosis Insulator born October October 23 1899 claims injury to the lungs zany years The due to employment activities for a period of applicant employment employment goes back to the atarted working working for Manville year 1920 when the which at that time hweaswalsocated at Third and Main Streeta Los Angeles In his work subjected to dusts and asbestos fibers His employment continued on with various and 1925 and thereafter thereafter he employers between 1921 Southern Asbestos Magnesia was employed by Warren and Bailey Company Los Angeles Rubber Corporation Plant Rubber and Asbestos Company Marine Engineering Company Lynch Asbestos Company Cork Company Coast Plant Insulation Insulation and Thorpe Armstrong J. T. Thorpe Ing Insulation Company Morgan Company and Applicant testified from memory at the in this type of case , hearing and as is usual he was unable to for whom he was employed employed His recall all the employers Social Security Administration records we obtained from the considerable number of and indicate that there are a applicant's disability employers who may be responsible for the Their liability disability but however who to date have not been joined proceedings in accordance can always be determined determined on supplemental Section 5500.5 with the provisions of Labor Code The evidence in this case is quite clear that listed above the applicant applicant was in the employmenta dust and fiberglass dust The subjected to asbestos dust silica silicosis asbestosia asbestosia and diagnoses have been determined as between the diagnosis diagnosis and tuberculosis As to fiberglasa dust the the relationship testimony of the dwh oe cr te orsthela to the effect effect that in experimental work with animala of the lungasnimdeavleslopweerde dweeverleoped subItjecwtoeudld to fiberglass dust a fibrosis inhalation of fiberglass fiberglass dust in appear therefore that the this case also added to the dis- ability from which the applicant suffers direct attention to On this point wa the case of Pineman's I.A.C. 14 COC 151 where the court said direct proof that the Pund Indemnity Co. ... Although there no is available the the dust was bearing since no such inference inference from the applicant's reaction proof it was cannot be held unreasonable As noted previously all of the employers who fee Xability have not been joined , and the evidence is may hay this to determine a fair inadequate time compelled under the apportionment of the liability We are decisions recently issued particularly particularly in the case of Subsequent Injuries Pund v I.A.C. 22 CCC the Page 100 and provisions of Labor Labor Code Section 550015 to issue we several Award against against The court in the above the employers and carriers who Joint have appeared to any one of his above case said that the employee can 41 look thus employers employers in the original proceedings and old appear to be more more in keeping with the general intendments of section5500.5 for the the commission to make its initial determination 1- . _ rd oo otttty, fap TU, eth ad ay employee exployers carriers solely between employee and one or more exployers or carriers then available leaving to supplemental proceedings the ultimata apportionment as among the several employers : We therefore find from the evidence that the employers above named and the insurance carriers for the employers are jointly and severally liable for the applicant's disability which consists of a pneumoconiosis and more specifically asbestosis silicosia and a complicating tuberculosis The applicant became disabled because of May 19 1957 which is the date of injury disease statute his pneumoconiosis on under the occupational The application was filed on May 23 1957 and it is quite clear therefore that the claim is not barred by the Statute of Limitations The applicant has been continuously totally disabled since that time After the action was filed and in order diagnosis the Independent Medical Examiner was obtain a proper authorized to operate without on the applicant It was impossible to perform a biopsy removal of the lung because of a cancerous condition or the lung The lower lobe applicant la convalescing inclines to the view that of the right lung was removed The from this condition Medical opinion the incident of carcinoma is much more prevalent in patients suffering from pneumoconiosia than people at large The doctors who testified were inclined to this VIEW and the same fact is mentioned in the report of Dr. John H. Urabeo dated October 6 1959 ; As far as cant will the disability from the surgery is concerned the be employable within a very short period of time appli- It is too soon at this time to determine the permanent disability resulting from the industrial exposure and we are reserving juria- diction to rate for permanent disability Earnings from the evidence are clearly maxim~-m The applicant is entitled to be reimbursed for his procured medical treatment to cure or relleve from the effects of the injury Notice of the application upon those injury was given by the filing of employers and carriers responding the to these proceedings However inall events under the case of Simien v 1.A.C. 21 CCC Page 10 we find there was no neglect by the applicant in demanding of the various employers medical treatment at the time when he did nottruly know what his disability was The Veterans Administration Hospital has filed a lien in the sum or 2,625.60 for treatment rendered at their facilities and among said reimbursement this item should be paid directly to the Veterans Administration Hospital There is a lien on file in the sum of 105.00 by Dr. C. Pierre D Lawter However Dr. De Lawter was the anesthesiologist at the time the lower lobe of the right lung was removed and the bill also indicates that copies were served upon the defendants It is assumed that this bill has been or will be paid in accordance with the defendantal prior authorization and the finding of medical reimbursement will allow Dr. Da Lawter the sum of 205.00 Lien to Dr. De Lawter is denied Applicant has incurred medical reports in the la for treatment The La payable 4600 since directly to said report obligations for medical treatment and sum sum Dr. of 3481.00 331.00 of of 150.00 for medical Shirey is reimbursement aN tne mount p^'port walen * under Section assists the applicant in fablishing his t \ . ) ee Ne ciphers i claim The bill be a final bill for treatment by Dr. Shirey does not appear to Pounders Insurance Company has paid the applicant the sum of 1040.00 45 disability Indemnity for a period of 26 weeks at the rate of 40.00 per week beginning May 27 1957 and it entitled to a lien for this amount It has also is applicant the sum of 120.00 for hospital paid to the allowance but under the recent it is case of Pireman's Pund v I.A.C. 24 CCC Page 109 not entitled to a lien for this amount We are granting the applicant such further treatment as may reasonably be required to the effects of the injury medical cure or and surgical relieve from Pursuant to is entitled stipulation of the to be dismissed parties : Phoenix Indemnity Company Applicant's attorneys are entitled to compensation for the sum of 750.00 reasonable value a lien against unpaid of their services in the : Findings and Award Party Defendant are above discussion Order Denying Lien submitted herewith Claim and Order Dismissing in accordance with the QAM GEORGE A. MARTINELLI Referee a . a wea, eo. Gz JAMES we. sr, 182.835 - : ) WHITCOME Atyzy 182-835 JAMES JAMES REFEREE RILEY RILEY MARTIN: RILEY MARTINELLI MARTINELLI GEORGE MARTINELLI MARTINELLI MANVILLE al at at DICTATED November November 1959 by Hays McLaughlin McLaughlin John Hays McLaughlin McLaughlin INJURY Issue Tague Kennis ba Jones Argonaut McLaughlin John P, P. McLaughlin attys for for S appl McLaughlin McLaughlin attys Argonaut Argonaut ann, demnity Employers Employers Liability Liability Assurance for Pacific Employers Ins Pacific Employers Gould Co.BoC wero s . by Maurice Maurice Bralley Bralley attys attys for Guarantee representative Joseph Joseph Bilchak The Travelers Travelers Co. Go, Carignan Carignan representative American American Weingand Weingand representative Tipton representative representative Weingand Motorists for Associated Associated FURTHER HEARING LYMAN a, BREWER LYMAN BREWER REPORT OF REPERET FURTHER M.D, . ccaallllededby defendants cross specializing examination Industrial testified testified a substantially of medicine Baw He doctor saw applicant of medicine medicine specializing thoracic thoracic Commission He prepared applicant behalf his report independent medical Accident filed and original original independent independent 1959 and examiner report dated dated report October October Because of 30 cancer of 1959. Because performed and the supplemental supplemental the lobe the lower lobe removed removed removed right Approximately surgery Approximately surgery was performed the lung was right lower mass was proximately proximately lung inches in diameter cancerous the apball ball The cancer cancer probably was present at least size of prior to the . surgery probably estimate six months cannot be definitely disaubinliatby le assuming established established established established cell will cancer is concerned predatory tell us why small suddenly become , The cancer cancer this this case case added increment to the predatory OP ted in opinion very little to over over disability contribu- contribu- contribu. The in percentage what la that the little disability disability much The percentage itself can say that it disability contributed something 1a far the the cancer lung , concerned in this of ing, normal the cancer itself would be in itself would incapacitat - AGt be incapacitate was There There ; q tuberculosis was of moved 12 moved there was pneumoconiosis there left removed the The entire were upper upper right lobe would normal but view the have that that present and applicant applicant fact that the facilities pneumoconiosis present mustered needed needed decided mustered decided other this this varies a lot before before such person persor n e ret tuurnrn return employment employment employment . g applicant Tehe last time improving improving inability work work would because because evidence tuberculosis tuberculosis tuberculosis evidence medication was clinical The manifestation Ca3hlyi,s o duenly aabestosis As sbestop s Ausbt estu osmbodiews as negative negative and and aabestosis exposure this the history does time product product disabling known Asbestosis pulmonary pulmonary become cancer cancer is incidence incidence complication tuberculosis tuberculosis in other 8 a complication complication asbestosis than asbestos asbestos here there there may other dusts besides evidence . Bangle Bangle pathologist pathologist indicates indicates of ciderosis report ciderosis dust dust dust far glass fiber concerned there his AB far as fiber glass gil^'ca and ciderosis glasa As Soncermmed, there is a -2- divergence of opinion as to whether it will cause or predispose ta & does not want to go on record on a fira pneumoconiosis The witness He has no strong medical opinion on the commitment on either side the various factors of dis- question ability He is As far unable as the to apportion cancer is concerned he can only say would be the result that & of can- very small percentage of this disability than the tubercular cer The asbestosis disability is far greater which is now controlled and becomes a lesser factor AB disability is concerned the applicant's maximum im- far as the hc ashesbteensurrgeearcyhed now or will be within the next few months well cone el pArsovfeamrenats the tuberculosis is concerned it seems to be trolled under treatment As far as the asbestosis and pneumoconiosis 1a concerned the condition is probably not improving . Administration If he could see the patient again he would be able to give a re- port as to ihsisundperersetnhte ccaornediotfioDnr. ISthiriseyhifsorunhdiesrsttuabnedricnuglostihsat antdhe atphaptliche antwas also under treatment in the Veterans Administration Bosi - pital for tuberculosis When he left the Veterans Hoapital he was still active for tuberculosis As far as the relationship between the tuberculosis and pneumo- - coniosis he makes the following obsteurbveartciuolnar TFh ifityrt peyr pceernt ceonft of patients with asbestosia beocfomoene type or another become tubercular patients with pneumoconiosis of tuberculosis in the general popu- There is no such high incidence one hundred thousand lation The average is thirty persons per people The high incidence has led many scientific writers to con- clude that asbestosis is the precipitating cause of tuberculosis on that it causes & wealmess of the individual and of the the theory and makes the lungs more susceptible to the tuberele bacillus lHeungtsherefore believes that the tuberculosis was precipitated by the asbestosis and pneumoconiosis RAYMOND BANGLE JR M.D. called by defendants for examand that at the time of ination testified that he is a pathologist there was delivered to him the lower right undertaking hia studies lobe of the lung and the lobe of the lung and biopsy of the upper indicated asbes / mediastinal lymph nodes Microscopic examination cancer and an inflammatory process going toais pulmonary emphysema means an distension of the on in the lung Pulmonary emphysema air sacs of the lungs as the result of obstruction in the passageways be the result of the asbestoals and the The pulmonary emphysema may is caused by inhalation of a3 inflammatory process Pneumoconiosis examination indicated some silica -- 100- fiber bestos fibers crystalline -- Pathologic such as diatomaceous earth silica As far as that when is concerned laboratory tests with animala has shown glass dust the animals developed pulmonary fibrosis eHxopwoesveedr tohe fi habser no gtlasbseen able to verify these results by any person- al investigation made by him DISPOSITION The matter will stand submitted GEORGE A. MARTINELLI Nin CASE NO 57 L.A.182 835L.A.182 835 JA J WHITCOMB RILE VS JOHNS KANYELLE of al Rafaree Hearing Dictated OKORUE A. MAHTINELLI July 3 1958 July 3 1958 Injury In issue Hays & McLaughlin John F.Melaughlin applicant Kennis attorneys for Herlihy & Herlihy . by Kennis T.Jones attorneys for Argonaut Pirman's Fund Pac.Indes Pac.Indes and appearing for Assoc.Indem.Corp Clopton & Peany by iobert vraiszor attorneys for Pac.Employers Pac.Employers Ins Co. Spray Gould & Bowers by Haurice W.Brallay attorneys for Employes Mutual and Guarantee vo F.E.Carignan rep embative for Motorista Joseph Bilchak representative for The Travalera REPORT OF REFERRE ON FURTHER HEARING Note examination of Dr. Smith has ban waived RECORD JOHN K. SHIRET M.D. called by defendants for cross- examination testified that he is a graduate of Northwestern Medical School in the year 1950 he served an internship at Evanston H`spitalH`spital Ivanston this was followed by one year's Residency training in internal medicine at the Houston Texas Veterans Administration Facility followed by one year of internal medicine training at the Vatarans Facility at Long Beach pulmonary California followed by 14 months Residency training in diseases at Milwaukee County Tuberculosis Sanitorium for 18 months he was on the staff of the Pulmonary Disease Service of the Long California Veterans Canter this ended in August 1956 during the past specialising in He was admitted 23 months he has been in private practice pulmonary diseases diseases and internal medicine to practice in in California on September 7 1955 He is associated with Drs Smart and Boyle interview interview 1958 He first examined saw the applicant on June him He saw him again in 27 1957 in his October 1957 for office and interview but there was no examination We examined him on January 20 , at which time additional chest rays were taken blood count was done and then some 9 days later repeated followed 7 days later and by gastric lavage 9 stool examination days later On February 26 19518 958 he aaggain ain examined the applicant he took a blood count and fluoroscopic examination chest paya and an e.k. On may 16 1958 ne axamined the appli ant again fluoroscopic ex= amination was repeated so were the rays and the gastric lavage him He He has see seen n several thousand cases of pulmonary disease Prior of to June 1957 he saw only one case of a confirmed diagnosia of asbestosia This diagnosis was not made by He has not pe f OeSU ah ae tes rem ae se | f Y @t : ee ry CASE NO. JPLZas2-835 formed any CASE CASE 71.1.182-835 71.1.182-835 On the 71.1.182-835 lung biopsy biopsy the formed lung biopsy the applicant on alena, it formed with a physical examinati examination alone it was his his basis the opinion that examination applicant sui'lering alone sui'lering his chronic d^n dise pulmonary ease linear probable probable pulmonary pulmonary Fluoroscopic going Fluoroscopic Fluoroscopic Fluoroscopic examination examination confirmed indicate fibrotic fibrotic that processes disease in lungs This first labe labe could indicate tubercular reported reported present asbestos asbestos July 1957 oratory negative The setmount not for asbestos basic beaia bodia diagnosis chronic chronic tests disease disease although upon although the test teat diagnosis disability excluded fungus pulmonary diseases as cause applicant's applicant's further test asbestos revealed three completely applicant's completely character- indicated that revealed asbestosfidibscleosedrs were worq : disclosed photochromogenic Cuberculosi similar effect effect Cuberculosis individuals is nature disease tuberculosis tuberculosis tuberculosis individuals individuals communicable communicable the a considered true true reported quarantined quarantined quarantined is not ngt - the does not photochromogenic report quarantine quarantine Health studies disease and is require being studies studies carefully whether is a established comunicable communicable conclusively established established diagnosis diagnosis iy not laboratory based on history reports with physict al o condider condider examination applicant's rales applicant's togdeettehcteerd a togetht er with lung bespehycsharaictericstic al characteristic characteristic pulmonary was confirmed fluoroscopic fluoroscopic fluoroscopic restriction the lung Pulmonary basos and this was present This part the the fibrosis diaphragm pulmonary between Also , there adhesions lungs diaphragm diaphragm There way of determining There asbestosia lung determining determining determining whether the applicat take oy asbestosia outside outside into consideration consideration biopsy except examination examination laboratory findings consideration pidings all the given and by the the in this the history the applicabt his 4 still diagnosis as report is disability he possibility but is the probable cause of the is possibility is true that probable Administra- Administra- Administra- disability disability Casts the and finally applicant up Neveral diagnosis of pulmonary tuberculosis tuberculosis active Alginal Alginal time up diagnosis tuberculosis and at that himself pulmonary applicant hospital pulmonary Yofrom active the diagnosis diagnosis " pulmonary . months , was , pulmonary : tetae findings findings the stant gy well stant well with Veterans diagnosis a tuberculssis dis- consistent consistent with photochromegenio & photochromegenio re sme av : ww , "A ree net te F oth it ; CASE NO 57 L.A.182-835 JAMES WHITCOMB LILEY TS Referee Hearing Dictated GEORGE A. MA` INELLI January 2 an , 1950- January 3 1.08 JOHNS al os nat Injury Ingiasus oO |. Hayastto&rnMecyLsaufgohrlianppblyicJaonhtn F.McLaughlin F.McLaughlin 7.3.Carignan 7.3.Carignan representative for inar.Motorists A.G.Ewing representative Herlihy & Herlihy for Assoc am.Co. for Phoenix Herlihy by Kennis T.Jones attorneys Ins Indem.Co Fireman's Fund Argenant Co. Pac.Incam.Co Pac.Incam.Co , Gould & Bowers by Maurice attorneys for Raployers Mutual W.Bralley of Jack Siak representative for The Wis Guarantee Robert dreianer for Clopton ^ Travel^rs Ins Co. Pac.Employers Ins Co. Panny attorneys for Ins Shifflat Ins Co. on attorney for Men claimant Founders Jan.2 1958 William K.kerton represent- ing lien claimant on Jan. 1958 EKPORT OF REFEREE ON FURTHER HRARING ADMITTED FACTS The insurance carrir for Plant a corp for the period July 19 1954 through Insulation December 1955 was Fireman's ulation No. 3 Fund Indemnity Co. a corp Substituted of Stip.Facts & Issues entered into 31 for on Co. Stip Aug.30,1957 IT IS FURTHER STIPULATED THAT the insurance Insulation Company for the period May 9 carrier for 1943 Pacific Employers Insurance to Jan.1 Company a corporation corporation Plant 1950 wa : ADMITTED FACTS Amended insofar as age are concarned employment and insurance cover- 1. Applicant claims employment by Johns Manvilla 1i9s 2u0nkdnuorwinng that period of time the employer's indsuurrianngcethce ayrearri 2 Applicant claims employment by Southern Labestea Corporation during the yeara 1926-7 and during that time the employer's insurance carrier is unkown Magnesia period of 3 Applicant claims employment by Asbestos Company of California during the year 1928 insurance and during that period of time the employer's carrier is unknowT employment b Applicant claims for the period 1929 to 1934 employer's insurance carriar Co. by Plant Rubber & Asbestos and during that period of time the la unkDOWD during Applicant 5. Applicant claims employment by Los Angelax Rubber insurance year 1934 during that carrier is unknown period of time the Company Company employer's % . 9 arent CASE NO 57 L.A'182-835 L.A'182-835 C6ompaAnpypliPclaanntt sIhnismsulaetmipolnoyment by at Eubbor and Subestan Subestan and during that period of Company or the period 1942 to 1947 is time the employer's insurance CANTYLAT 7. Applicant claims employment employment by Marine 1948 Company for the period carrier for the employer during the to 1950 years 1948 the Engineering insurance & Supply Insurance Company a corporation to 1950 was Pacific Employers Lynch Asbestos Lynch Company 8. The insurance carrier for business Company a corp fofror the period Jan.1 corp Industrial Indemnity Co. a 1950 Robert O.Lynch an individual doing and Asbestos 1950 throughthrough DeDec.c. 311 1199550 0 man , Company 9. The insurance carrier for Plant from January 1 1951 to January 1 Insulation Company 1952 & corp Insurance &@ corp and for the was Pacific Raployer's Raployer's Dec.31 1955 was Fireman's period January , 1952 . Fund Indemnity Co. a corp 10. Applicant was employed for the period Dec.25 by Coast Insulation Products Corp. 1954 through April 9 1955 during that period of time the mployer's insurance carrier Insurance Company a corp vas Guarantee 11. for ing The the applicant was employed by Coast Insulation Products period commencing Nov.11 1955 through Jani13 1956 that period of time the insurance carrier is unknown a carp dur- period Jan.1,1955 12. The insurance carrier for the through Insurance Co. & corp Armatrong Cork Co. -- Dec. 31,1955 vaa the . -- --far Travelers 13. Applicant was employed employed by J.T.Thorpe J.T.Thorpe a corp for the period Sept. 11 1956 to May 19 during that period of time the employer's insurance carrier vas American Motorists Insurance Company a corp 14 The insurance carrier for Pacific Coast Division for Corning the Fiberglas Corporation 1956 was istna Casualty & SuretypeCrioomdpaMnayrcha 1 cor1p9o5r5attioonM^/ren 1 RECORD Applicant testified substantially as follows He started working as an insulator in January 1920 Manville Company This plant was located at 3d and Main Streets in Los Angeles he started working for them in he worked out of the office office office office he worked at the Los January 1920 Shipyards he mixed sabeatos cement and Angeles with applied it to pipes he mixed powder to water and asbestos material fibers we added and this was applied ; | the pipes the conditions of employment vers vozy dusty working inside of boiler rooms he was confined in small ' quarters this work at the Los Angeles Shipyard was on new vessels but he : also worked on two of the older vessels the darvard and the fals when they were reconverted The old material on the bailars and I pipes was removed and new material installed by him His earnl ; 2-40 F w Pp y 7 ~ + Nate vas i LaF Mas CASE NO 57 L.A.182 895 ve St one 80 par bour one year working 48 hours per week loworked for , oo From 1921 until 1925 he did various jobs for various employers in shope and at homes he insulated pipes and boilers employers in the oil fields and in homes he was subjected to dust from the material and from the earth particularly when he had to go under homes to do his work he used the regular naterials for insulating pur- poses a Warren Bailey He started working for this company in either October or November November 1925 on the power house at Terminal Island he worked for either a year or a year and a half he insulated steam turbines and boilars the material be used was of diatom Racious sarth component and asbestos binding there erable dust from this material He worked 44 hours & a dollar an hour was consid- weak earning Southern Asbestos and Magnesia He worked for this company about a year or a year and half ending about July or August of 1927 at which time the company went into receivership ; he did insulation of hot water tanks for apartment houses he also worked in boiler rooms and under houses he was subjected to dust in pipes this occupation He estimates that approximately 50 per cent of the time was under houses and 50 per cent of the time in boilar Pooms.e He used the ordinary materials for insulating such as the diatomaceous earth component and asbestos be worked 40 hours a week sarming a dollar in hour Asbestos Company of California He left Los Angeles the latter part of 1927 after Thanksgiving and went to work for this com- pany in San Francisco He worked from around Thanksgiving until Christmas of the year 1928. He did insulation work on apartment houses using asbestos blocks he had to remove the old materials in order to apply the new materials and this created considerable dust He earned 7.20 a day working 5-1 days a week Plant Rubber and around Christmas Asbestos 1923 Company He worked for this company until 1934 he insulated hot water t^nk^ and steam boilers he used asbestos blocks Aircall and rock wool It was quita dusty in the boiler room and in the basementa there was dust from the materials and from the earth most of the time he worked in boiler rooms he would estimate 75 per cant of the work was in boiler rooms He believes that be worked for Pabco Company he was told in the latter this Pabco Company took over Plant nevertheless his checks were still bestos Company part of his employment that Rubber & Asbestos Company issued by Plant Rubber and AS- On direct examination he testified that the work was not steady that he wagout of worx more than he was employed but on crossexamination he said he vorked pretty steady at one straten for a period of about 15 months Loa Angelus Rubber Company He worked for this company from December 1934 for a work on boilers and period of hot water about six tanka he montha he did used 1800850e insulating maglinal^ maglinal^ nel ea + go mpanial mpanial anr mpanimaplanial Ce res ene pee a mpl os ao shia, r eM Eneoc we Sew wl: ser wi <* CASE NO 57 L.A.182-435 L.A.182-435 and aaccttiivviittyy aaccttiviitvyity earned a dollar occupat^r activity a materich called High Temp he applied rock wool blankets blankets about this boilers little ; he earned either a dollar , or a dellar dellar and a quarter for 40 week His next employment was in the Navy Yards where he worked at Mare Island from 1935 to June 1942 he installed asbestos in boilers he also wired the material about the pipe and then had to beat it to put it in shape this created considerable dust Hia not earnings after deductions ware in the sum of 40.77 a week Plant Insulation Company He returned to work for Plant In- sulation about June 1942 and continued working until early 1947. Some of the work was done at Bethlehem Steel Company whare be covered pipes with asbestos using the same type of natarials previously testified to He was a supervisor but also was subjeetad to dust in the ship under construction the atmosphere was quite dusty and the air was blown out of the holds of the ships which created additional dust He was paid 2.00 per hour working 10 hours a day He samed about 60 a week He also worked at Crane Shipard for Plant Insulation This was on repair of ships he used the same type of material previously testified to and amasite & pure asbestos fiber was also used Marine Engineering He started working about September 1948 on the power house at Redondo Beach he worked about 8 months his work was insulating he applied asbestos to pipes and amos^>ta was also used He earned 2.25 per hour working 40 hours per WOOK It was quite dusty but he was located in a large building Ha did some work on the outside and there was dust there from the materials used He estimates that about 50 per cent of his v^rkwas on the outside and 50 per cent on the inside ^ n examination ha stated be wis not sure whather he worked for Marine Ingineering in 1946 he may have Payroll report subaisted by this employer shows applicant worked 52 weeks in 1949 and 21 weeks in 1950 Lynch Asbestos Company He did work for this company at the plant Mercury that he started plant on Slauson and Sastern Avenue ha staces 1950 however he may be incorrect on this he he may have worked there in 1949. He states first that worked about a year and than modifies this by saying he worked 5 pontas at the Lincoln plant and than 10 months at Travis Mr- force Base All of this work was that of an insulator using High mp asbestos and asbestos cloth All of this inside work The conditions of employment were quite He earned 2.50 an hour working 40 hours a week work waS dusty Plant Insulation and Thorpet company in 1951 and worked until 1954 He started working for in onda respect SEE this raport payroll filed by Thorpe ha Hged maboabas boilers He insulated staam pipes and water fiber glass there was a lot of dust The vork steady he worked off and on 40 hours a weuk About 1954-5 he Company but he la not sure earning 3.00 an Fiberglas working may have vorige for Fiberglas me \ ~h- ee a et ta Cony ANA SORT Sa CASE NO 57 L."182 835 Armstrong Cork He stated that he worked in the year 1959 for this company doing insulating work using asbestos blocka and other satarial this was continuous employment the conditions of employment were dusty he earned 3.25 an hour working 40 hours a week The payroll records of Armstrong Cork show what he was employed from Dec. 9 1953 to 1-27-54 2-1-54 to 2-754 and 4-5-54 to 12-16-56 During all of the above periods of employment he did not wear a zask except at Mare Islandperiods smare he tried out a mask for about 5 minutes but discarded it Coast Insulation He worked from Dec. 25 1954 to 1pril 8,1955 at Santa Maria insulating pipe ha used asbestos material and camp this was doors work and although he was subjected to dust the dust was not bad Ha was then seat by bia local union No.5 to Nevada woere he worked from Nov. 11 1955 to Jan.13 1956 as an insulator working with block and magnesia blocking this was outside work but the dust was blown into his face from the materials used Earnings were 3.25 an hour for a hour week . His next employment was with Morgan Company this was from the period January 16 1956 to August 31 1958 he insulatad stean pipes and boilers be used asbestos cement and asbestos cloth and vermiculite he earned 3.25 an hour working 40 hours week Conditions of employment were very bad he states he found them as bad as he had ever experienced . J. F.Thorpa Co He started working September 11 1956 to May 19 1957 be again worked as an insulator insulating boilers using tamp blocks and magnesia blocks the conditions of employment were very dusty Disability He has not worked since May 19 1957. The doctor tohil m td hat he cannot work de noticed gradual shortness of - breath starting approximately 2 or 3 years ago then thers va tiredness and weac1885 He lost weight and with the shortness of breath at Fontana because of there was a cough for an examination this examination He went to Kaiser Medical Center in June 1953 he was off work one He went there to inquire about the day shortness of breath and his weakness After an examination they told him that he was all right They took no blood test or sputum test Except for this one day off work when he was examined at Kaiser he lost no other time from work until May of 1957 It was in January of 1957 that he want to the Los Angeles City + Health Canter and had an ray caxon of his chest no vas JY6Q< his e tually told thereafter that he had a spot on lungs in May 1957 he reported his condition to his employer Thorpe and The was sent out to a Dr. Morgan for examination who in turn referred him to Dr. Schofield for an examination On his own te en behalf he saw Dr. times thereafter Hospital he entered 9 to be admitted to the hospital July Shirey this was on June 27 1957 and the doctor did not treat him because he the Veterans Administration 10 1957 he has over bean hop Rospllak Rosplak several was about in Ge | F peat Veteran OW - hospital receiving treatment at the - Sa he ! ae a - oe . woe . r . ait, * ' A . oo . wa an CASE NO 57 L.A.182-835 L.A.182-835 has not been told men he will be able to leave the hospital hospital He is presently under the care of .. Shapiro here at the Veterans Hospital . He recalls that he has sheet rays through mobile had priyoerars had unita this occurred several ago he one or and when he worked at Mare Island his cheat was two 3 months He has also been exand^-ed by Dr. Frank rPaoy rteedr Meivlelrayr is married There is no history of tuberculosis in his he his wife is living parents and his three or family children are married . . During World War I be 1919 he was given an Hospital Corps he is governmental agency was in the Navy from March 1918 to October Honorable Discharge he was with the Navy not receiving any pension from any DISPOSITION 30 days to the parties for joinder of addisional parties a further Disposition will be made at that time GAM bh GEORGS A. MARTIN Referee . ere wee fo Oe. PL a % aad w oo ee we oy ees : ae 04 No. 57 L.A.182 835 JAMES WHITCOMB AILKI \ corporation va JOHNS cMorpoAratiNon VILLE * : a corporation INCORPORATE SOUTHERN ASBESTOS & MA^ NESIA a_corper a_corper ation ASBESTOS COMPANY OF CALIFORNIA PLANT RUBBER & mo aa te * pote vf tho yy: _ i, rt co . oo | ; . ^ NGINESKING ASBESTOS COMPANY LOS ANGELES AUBBER COMPANY MARING ENGINEE ING COMPANY FIBERGLASS corporation SUPPLI & SUPPLI COMPANY corporation ROBERT 0. LYNCH an individual , doing business as Asbestos Lynch Company and Lynch Asbestos Company a corporation PLANT INSULATION INSULATION ation COAST INSULATION corpor- & INSULATION PROD- UCTS a corporation ARMSTRONG ~ CORK J. COMPANY a corporation re F. THORPE INC & asion ASSOCIATED ^ NDE^MNNIDTEYMNITY CORPORATION corporatiao PACIFIC INDEMNITY INDEMNITY COMPANY a corponton FIREMAN'S FUND INDDUNITY COMPANY a corpora ation LETNA CASUALTY & SURATY COMPANY a coIrpToYration corporation DIDUS- TRIAL INDEMN COMPANY a cop- poration PHOENIX INDEM^ LITY COMPANY & corporation EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF a corporation WISCONSIN GUARANTEE INSUR ANCE COMPANY AGONAUT INSURANCEcorpCoraOtiMonPcAorNpoYratioa n cor Dictated Referee Dictated GEORGE A. MARTINELLI August 30 1957 August 30 1957 MERICAN poIraNtSiUonRANCE COMPANY MOaTOcRoIrSpToSration ZURICH INSURANCE COMPANY PACIFIC EMPLOYERS EMPLOYERS INSURANCE COMPANY & Corporation THE THE TRAVELERS INSURANCE COMPANY corporation corporation Injury Jeps.1956 Jeps.1956 to May 19 William T.Hays by John P.Molaughlin for applicht P.Molaughlin attorney Delano Stalvey representative for The A.Q.awing representative for Travelers Iaa Co Herliby & Herlihy Herlihy by P.George Assoc.Indem.Corp . for Phoenix Indea.Co Herlihy Fireman's attornays {- Argonaut Ins Co. Pad.Indem.Co Pad.Indem.Co Fund Indes.Co : Hamilton V.Molnerny V.Molnerny representative for Astma Surety Co. C.". a Charles Antia attorney for Indus.Indea.Co Indus.Indea.Co el. 7 wate . 1 ~ alain Meal eter en ye. Te  . , 7 - oa ee CAGE 30. 57 L.F.182 435L.F.182 435 ea / Amer Moterista Moterista Spray Gould & Bowers by Charles P.Gould attorneys for Employer Hut of a Quarantus Ins Ges F.B.Carignan representative for Ins Goo " REPORT OF REFEREZ ON FIRST HEARING Applicant ADMITTED FACTS born October 23 1899 claims asbestosis as result of exposure to asbestos dust in various employments employments no medical treatment furnished ne compecompensati ncomspensaatitoin tos no attorney's fees paid no artLngeROZ ISSUES Employment Occupation Injury Injury Date of injury Mability for procured 4 . medical treatment if any Earnings Disability Need for further medical treatment : ApRortioenment laburApspoertmioenmnetnt to applicant under Labor Code f4i60l0edforreporrt eport of John K ShiShr irey ey , to Statute of Limitations Section be Prejudice through lack of notice For Stipulations on Coverage ae Minutes The applicant did not appear since he is confined to the Veterans Hospital at Long Beach The parties appeared applicant's my and defendants and their carriers were present except Zurich Insurance Company & corporation After a preliminary discussion Stipulations and Issues Issues wre framed H.V.McInerny representative appearing on behalf of Aetna Casualty Miberglass & Surety Co. stated that Engineering and Supply Company company company pur- in the latter part of 1952 was insured by letna pur- Engineer hased Marine Engineering Company.I The records of Marine Engineer ing ComComppanyany were retained by Fiberglass and these records show that applicant was employed by Marine Engineering for for two months in 1946 in 1948 12 months in 1949 months in months 1947 3 in 1950 and 6 one month months in 1951 and that during that period of time the hearing attorney's Illinals impression plicant corporaCtioomnpany this carrier was Pacific Employers Insurance Company a IT WAS THEREFORE CADERED THAT Pacific Employers Insurance a corporation be joined as a party defendant there is another company attorney's for which app worked it ma applicant's hat this work was performed for a Chicawithingwiothcinomp1a 0 ndyaysinwhether he; de- all check this further and advise us the sattar sires further joinders of employers employers or carriers whereupon the Veterans Administration nos will be aut for further at pital at Cong Beach there is a ruling there that the patienta the morning sannot be detained more than half a day to be in in the A.M It was suggested that the matter be set for two days i ap licant | DISPOSITION whereupon the 10 days to matter will applicant to adview re posible joinders set for further bearing at the CASH 80. 37 2.47182 83527 .47182 8357 Beach bearing t days Veterans Administration Administration Hospital at Long the be met for twe in the morning ta ~ 7 GAM Ah , GEORGE A. KARTINELLI KARTINELLI Referee 1 yr! ) os , ' { ; i 1 , e.. ee ae VONKERS COMPETITION APPEALS DOAKD STATE OF CALIFORNIA . JJAAMME ES S WWHITHCOIMB TCOMB RILEY -AFPLICANT -AFPLICANT ~~ CASE NO L.A 152-826 | CERTIFICATION FOR EVIDENCE YS IT MANVILLE INC ET AL EL DEFENDANT S full true and correct I DO HEREBY CERTIFY that the attached are contained in the copies of the documents entitled cause and is not to be used is for evidence only This certification for filing with the County Clerk under Labor Code Section S206 Ittest my band Worker's Compensation Appeals Board of and the the Seal State of of the California eo 7 ete 42331 42331 mel pe H H 42331 a HW Tea uolekat 42331 42331 Ty abn a cool tee! eq . FT sivikteade & PL 8 ww ae don OF Ps at as + . an . = vipeee @.-. .. aes tte . - . tenes coat ot Sate fi arene wee a so tte bone : PHOTOCCTY PHOTOCCTY , . ; geeswam ; gee. . > ate . a ee ee oY ad Fe a if va P er OR CERTIFICA CERTIFICA CERTIFICA RREQUEESTQUEST OR OR CERTIFICA "Be REQUEST (ea ie xpet s so . roy ao W.C.A.B. Case No. 57 LA ee LA LA mae 152 152 $ 35 35 CASE NAY EMPLOYER beSn , t i, Loe south, Lite sst ecesneeneeanee Deratahs Hansville Hansville lilac oor BF Oe Hansvile Hansville Hansvile Hansvile Hansvile et al al ; ane ewey " . > 7 eco lilac wee CARRIER CARRIER lees : er a Be erste testes oom PTSEH AS 44654 4 8 S 6 SR TEE . sf fe hil, TY wo mi MEE ROBES EMADA S : be ee HSS cl oe . eee eee BED EDERESSEELODEDEALABRONED*ME ... w ... y ... OS OST EERE ESTEE ERPS HOSTESS H OTH TOC TOT SCE TELS E - an , PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING PHOTOSGEYING ONLY ONLY FEE. 1 ) OR o 75 per pase plus sales tan Photocopy all papers in file with RICHT side of page Total pages ' : : paperclip Ne - oo ~ attached to . we the 1 ) Specify document title date etc. . TR SR oe CERTIFIC CERTIFIC CERTIFIC Smee Bee eH OK SOE O A E EO TeOR SE wT Vee Bee weWwenee Te a a ha le ED EE Sb H ETE EO ee ee ORE Fb ot DR ERD EET EREE FORE CU OT . . ... ' CERTIFIC oes Dew, leh bb ee eh EE eee FEE I photocopying per page certification photocopying photocopying photocopying is required in order to complete this fee in in addition to the fee for photocopy (%) Phetsecsy an stify all papers in the file with puperclip arracles A> lLGsy Side of page Total pages 4.70 . Total all pages attached . pages oll PURPOSE OF CERTIFICATION . ( V DECS For use in any evidence only already photocopied oe | : Count or Tribunal in this : State for ( MMEECC UTUIT ONION: For action in SuperSior uperior Court to enforce zayment of award pursuant to Labor Code Section 5808 : DatDate e of of trtirial al for for which which Cert Cert ae is nee oped peewe ee eeed eee-- xx xx See Ce TT TC CL ee eed ... ... ... ee ee e d ek ae ee a hip h ih hhehe hee TT ee ee ee 2 . ee ee TTC ee ee ee 2 re ee oT Te ee 2 ee he fa ( ) PCAhIeDck$ Han Check attached Check or cash attached attached or cash Firm 7 Han name aw ee learn learn learn learn IINNVVOOI IC CE E by by mee eohy ee who ee ee for payment payment Address K KH H -y ' . . ccs : . ne wa ween Date: te fee oe mente cowemen Phone Y EE peas E f, a; Oe 2 oe : a) nn ee ee een ar ATEN, Te La tee wae . . 4 , . : Smee wwe ae tay yee FosemaM ne Seem OU AE, See : Te oa . : WR a PHOTOCOPY PHOTOCOPY CR oe CunTlFicatra 157 V.C.A.B. Case No. 157 ZA 1 CCASAE SE NAME NAME NAME wth 0, alow. eens n Whith Whith Whith Whith Whith Whith Whith Whith RT RT RT va 9 dictal ee hope la dictal dictal - 8 ee Arr Cone oey REAVEST oe REAVEST Ue N ye t wheyoe orm een SSS S : nemnewernncnnn,, HOTCOGFYING ONEY 75 aii 75 per page plus . sales tax at OOS Oe ee we om a ndditedind eT Feveverervey tet tt baiindiidintade SAPP wmanenswne - Vowveuntovvieriverteren ? . . oan ) R ) side Photocopy Photocopy all ppapears pers in in file RIGHT of page Total with paperclip attached to the pages owen eee | Specify document title date etc. se Pirated . tte + aariiuheedsdebaetat Pe SECSe TS Oe tree MPO enahdabtaeeh JOUR Ae baer ne Cn 372 te ee ee ee ecere ae eene ee TRAV NT Ewe -- VTS N tee tate ee en dedie tek tt ee toetewamwene ters tre + 75 per paga certificaticertioficationn photocopying If this fee in in is is required required required required required required required required addition to the ordeorrder order to to complete fee for photocopy- Ai ) Certify Certify all Certify all ppagaes ges Total pages CERQUEICATION CERQUEICATION CERQUEICATION CERQUEICATION CERQUEICATION OSE CERQUEICATION OF CERQUEICATION CERQUEICATION CERQUEICATION sice of papers page in the file with Total Repercip pages Repercip attached attacheattadched eee already already already already phopthocootpioedcopied photocopied photocopied . . ) EVIDENCE For use in any Court or Tribunal in this State evidence only or ) of 4 EXCURE EXCURE : EXCURE For action in Superior award Court Labor pursuant to Labor Code Code trial for which Cent . ,, weteveg ttt tt , enna we wey ans Boa htt eee Powe ewus ray is needed we rwennwanes , to enforce payment Section 5208 new eno for os eee can attached by . 7, alee vetethter TOTS ee wm og L da et Tt Rete eee Phone a a 7 : shaves nt pe sew od sers BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE STATE OFCALIPORN CASE NO 57 LA 183-835 LEAMUIT LEAMUIT LEAMUIT ASE S REFEREE LEAMUIT REFEREE REFEREE JAMES WHITCOMS RILEY 73 . Applicant MANTVILLE INC a Corporation et al Defendants APPLICATION FOR HEARING AND PETITION FOR REAPPORTIONMENT AND DETERMINATION OF ADDITIONAL AND MULTIPLE LIABILITY AND RESPONSIBILITY UNDER LABOR.CODE LABOR.CODE SECTION 5500.55500.5 ' COMES NOW your Petitioner THE INDUSTRIAL EIDEMNITY COMPANY and by this ita Petition respectfully states abowa alleges and petitions as follows| STATEMENT OF FACT AND ALLEGATIONS James Whitcomb Riley born October 23 1899 sustained an industrial injury occupational disease of asbestosis with com- plications during the approximate period of January 1920 through May 1957 while employed in California at maximum sarnings as an insulator by multiple employers under multiple insurance 20785260 That applicant became temporarily totally disabled on May 20 present 1957 which camporary total disability continues to the time with no cessation date available or foreseeabla That applicant sustained and incurred substantial medi / cal treatment to cure and relieve from the effects of his industrial injury which need continues with no cessation date available or fore- ceable ability That applicant may ultimately sustain some permanent dia the extent of which la presently incapable of exact o That an application for bearing for compensation was filed on or about August 2 1957 which was followed by sutistan- tial litigation resulting in a Findings and Award of November ee a copy of which is attached hereto and made a part part of this record record af Exhibit " That Petitions for Reconsideration were filed by multiple defendants but denied by order of the Southern Panel of the Indu trial Accident Commission on February 4 1960 That on or about March 3 1960 applicant made an election against your Petitioner only as among those held jointly and severally liable to pay said Findings and Award which payments in fact have been made and continue to be made That your Petitioner has complied with and continues to comply with said Bindings and Award Also that to date your Potitioner has paid 7400.00 in temporary total disability and v1375.17 for medical treatment AND FIRST RESPONSIBILITY THAT APPORTIONMENT OF BE ALLOWED AS BETWEEN THE ABOVE MENTIONED LIABILITY LIABILITY THOSE PARTIES HELD JOINTLY AND BEVERALLY LIABLE UNDER THE ORIGINAL FINDINGS AND AWARD BOT AGAINST WHCM NO ELECTION FOR PAYMENT WAS MADE Briefly your Petitionser respectfully requests that fur- ther proceedings be bad to determine the extent of liability and responsibility of the various under the Compensation Laws of the State of California jointly and severally liable defendants who as jet have not been compelled . to satisfy any part of said Findings and Award As said parties are already joined in this matter and their employment relationship already adjudicated your Petitioner Petitioner asks that these parties be again joined only if necessary and be given notice of said proceedings so as to determine their proportionate liability SECOND THAT THE FOLLOWING PARTIES EMPLOYER AND COMPENSATION CARRIER BE JOINED AS PARTIES DEFENDANT SO THAT THEIR FROPORTIONATE LIABILITY AND RESPONSIBILITY CAN BE JUDICIA DETERMINE : is respectfully asserted that the applicant also sustained the Industrial injury as alleged here employ of the following employers for the following periods under the following compensation insurance coverage see also attached letters of California Inspection Rating Bureau and Social Security Administration marked as Exibits 3 & 3 EUPLCYER EMPLOYER EMPLOYER rr 2227 30, Salley72a9 zo, ) Bailey Warren Bailey Bailey Co. Los Angeles Calif Plant Rubber Plant Rubber Company Ave, Asbestos Asbestos Yates Ave 2742 So. Calif w/ belleved merged / belleved Insulation APPROX Ss Silos 1925-1927 To CARR ISAT eae ISAT ee Te a" C TER Jaknown 1929-1934 1938 1938 Taksowa sume addreas Co, Wesson Asbestos Co. Wesson Townsend Street Carpenter San San M. Carpenter Carpenter Front Street Plant Rubber ang Plant Rubber Asbestos Asbestos Worts 937 Sinton Street Sen Francisco Francisco Paper Fibre Scard Paper Products Corp. and Pariffine Pariffine Zarl Darl Stice Company Darl Darl Stice Stice Company Weat California Fourth quarter 1937 Fourth quarter 1933 May 1935 1933-1946 irregular 1946 Compensation Compensation Insurance 9322,36 F9o3l2l2e4y379322,9363229433282,36 State Compensation Insurance Fund Permissibly Pacific sanity Company Company tis sanity Company Company ; Unknown C. C. Dutton C.A. Lighton Weston Fibre Lighton Supply Ltd. Glass Glass Street San Prancisco Prancisco Calif 1946 Marine Engineering Engineering Marine Company Irre Supply 14. Second Street 408 Los Angeles Angeles Calif believed meried Calif beliebelvieveded -Fibre Claas Claas 5933 5933Telopa Avenue bos Angeles California ular 1946-19511946-1951 Roderick x2] Roderick Lynch , Asbestos Asbestos 1747-1943 1747-1943 Company Sacramento Street Angeles Angeles California Exchange 449533 Roa 4450724 toa, 449533 UbsoTiy Insurance Company ingurancs Company Company 6473-01107 Policy 6483-01145 6483-01145 ica, 6483-01145 State Compens EMPLOYER Se aera FEMlPaLnOsYER InsulaEtionMPInLsulOatiYonERCoC.o, Flans Insulation Ave , 2741 2741 Angeles 22 Calif n Ao nwgeles Thorpe Insulation APPROX Tia PERIOD PERIOD EMPAPPROXIML ATE POEYRIOPERIOD D e D a 1943-1955 1943-1955 Intermittently COMPENSATION ?row CARRIER CARRIER Employera Employera Insurance Company Fireman's Fung Insurance Company same addresa Inc. Cork Insulation Insulation Co. 155 East 44th Street Street Fourth quarter 1943 Unknown 943 17 Inc, + Thorpe Inc. Second St. Calif First quarter 1949 veLad: Cork Company Seinds Cork Company 7101 Jonelle Ave J. Siad Insulation First and second quarters 1950 Fourth quarter 1952 Second & third Quarter 1950 Pacific Employers Insurance Motorist American Company Insurance Company Unknown Aetna Company Company Surety Surety Company Company Inc J, 7. Thorpe & Sons J. Thorpe Thorpe Avenue Emoryvilla Avenue Fourth quarter 1950 Oil Pield Construction Construction Oil Bakersfield Co. Cherry Ave. 2650 Cherry Cherry Calif Gecond & third quarter 1951 128. + Bartella Company 26th Avenue 3 Seattle Seattle Weanington Third quarter 1951 Cork Company Pourth Charlotte Sta a quarter a Penna 1954 1953 4953, Iaotnein Company 2100 Union Avenue Bakersfield Calif Quarter Quarter 1952 Quarter 1952 22 Jamar Olach Handling 329 320 Handling Chicago Chicago Illinois fourth quarter quarter fourth quarter 2952 Unknown Unknown Insurance Insurance Company Policy 13353 Policy yo, toy 43353 Company Folicy 0-47-3752 47-6597 47-6597 47-6597 Standard Accident Accident Insurance Company Iravels Insurance Company INSP. Industrial Industrial 6515-01404 and 6525-01112 and vos, 6525-01112 6525-01112 and Employers Asbestos Products Products P. P. 0 Box Sen San Diego California 24. United Construction Construction Banville Co. guapter 1352 Pargt quarter +953 Pittsburgaht? Penna 2s, 25. Lockland Carey Ca, Cincinnati Cincinnati ohio First Firat quarter guarter 1953 153 26. EMPLOYER Roess Insulation Co. 6025 District Blvd Los Angeles 22 Calif APPROXIMATE PERIOD OF EMPLONEN Fourth quartor 1952 First quarter 1953 27. Corning Glass Corporation Toledo Oblo Fourth quarter 195 COMPENSATION CARRIA CARRIA Argonaut Insuzvarro Polley No. 506 The Astra Casualty Surety Company 29 Coast Insulation Products Corp 2316 San Fernando Rd Los Angeles Calif Fourth quarter 1954 First second and Fourth quarter 1955 First quarter 1956 E.Washington 29. Los Angeles Cark Co. Second quarter 1955 4180 Blvd Third quarter 1955 Los Angeles Calif 30 Manvills Sales Corporation 22 East 40th Street New York 16 N. Y. Third quarter 1955 Guarantee Insurance 206829 Company UC - Poldar & 6-514978 6-514978 Exchange EExxcchhaannggee IFnoslusreaynceHos 86736 and 95792 National Automobile & Casualty Co. Policy Hoa 0547121 and 72259 TravelersLampu The ance Company Policy Nos.3955647 Nos.3955647 & 4979220 32. Totman Morgan Company First second and 122 So. Mionigan Ave Third quarter 1956 Chicago 3 Illinois 32. Mountain State Construction Co. P. O Box 7586 Denver Colorado Second quarter 1957 The Employers Liabilm litLtdy. AsPeslulreaynceNoCsorw p. 3119719 & W03146253 Unknown i It It is therefore respectfully requested that all above named employers and carriers be joined in this action as parties to said action if not already of jained > Purther the requested foinder is listed below Calif 1. Warren & Bailey Company 3528 Garfield Los Angeles 2 Plant Rubber and Asbestos Company 2741 So Yates Ave. Los Angul sa 3. Thorpe Insulation Co. 2741 So. Yates Ave. Los Angeles Calif 4. Weaton Asbestos Co. 675 Townsend St. Sun Prancisco Cali 5. M. R. Carpenter 907 Front Street Sacramento Califor 5. State Compensation Insurance Fund 500 So.Lafayette So.Lafayette 9. 10. 12 Parrifine Co. Inc. 937 Binnon St. San Francisco 7 Earl 0 Stice Co. 852 West Doran Street Glendale California C. R. Dutton C. A. 739 Bryant Street Leighton Weston Fibre Glass Supply San Francisco 7 California Ltd. - 5- 17. 19. 20. 21. 22 23. 24. 25. 25. 27. 25. 29. Industrial Indemnity Exchange 350 Sansome St. St. San Prancisco Marine Engineering Supply Co. 914 E. Second St. Los Angeles 12- Fibre Glass Co. 5933 Tolograph Ave. Los Angeles Calif Pacific Employers Insurarse Company 1033 So. Hope Los Augu^ er 15 Roderick Lynch dba Lynch Asbestos Co. 2152 Sacramento ,, IA Warren Warren & Balley Co. United Cork Company 350 So Anderson St. Kearney New Jersey Los Angeles California Plant Insulation Co. 2741 So. Yates Ave. Los Angeles 22 Calif porpe Insulation Co. 2741 So. Yates Ave. Los Fireman's Fund Insurance Company 3440 Wilabire Cork Insulation Imo 155 Bast 44th Street Angeles 22 Calit Blvd. Los Angolae New York 17 N.X. J. T. Thorpe Inc. 948 E Second St. Los Angeles 12 Calif | American Motorist Insurance Co. 3545 Wilshire Blvd. Los Angeles 5 Cork Neindt Co. 7101 Tonnelle Ave. North Bergen New Jersey Matal Clad Insulation Co. 1759 Weatern Ave. Torrance Calif The Aetna Casualty Surety Co. 610 50 Spring St. Los Angeles Us J. T. Thorpe & Sons Inc. 1351 Ocean Ave. Emoryville California 011 Field Construction Co. Long Beach 6 California of Bakersfield 2650 Cherry Ave The United Pacific Insurance Company 616 S. Shatto Pl In Ai B. J. Bartells Co. 12 - 26th Ave. Seattle 4 Washington Associated Indemnity Company 7.0.Box 2133 Los Angeles 54 Calls Armstrong Cork Company Liberty & Charlotte Sts Lancaster Penn Standard Accident Insurance Company The Travelers Insurance Company 510 Iasthein Company 2000 Union Avenue 548 So. Kingsley Dr. L.A. West Sixth St. Los Angelas Bakersfield California Jamar & Olnoh The Employers Los Angeles Company 320 North Handling Chicago Mutual Liability Liability Assurance Ltd California 24 639 Illines S.N Philip Carey Mfg General Accident Co. Lockland Cincinnati Ohio Fine & Life Insurance Corp. 3535 W. Ve ; 2 6th 2 40. B806e Insulation Co. 6025 District Blvd. Los Angeles 22 Calif Argonaut Insurance Company 1001 Wilshire Blvd. Los Angeles 17 Corning Olaga Corp. Tolodo Chlo an Tipton & Weingand , by C. Weingand for Associated Indemnity Corp. , attorneyasttorneys Spray Gould and Bowers by.M. by.M. W. ' attorneys for Employers Mutual Bralley dr Insurance Co. of Wisconsin and Clability Insurance Co. Guarantem P. E. Carignan representative | | Matoriats Insurance Co. for American . | JosepInhsurBiloabaknBcieloCboa.k representative for The Travelers Travelers @ > * #* An Application having been filed herein and all Dismissing parties having appeared for decision CEORGE A. and the matter having been MARTINELLI Ruferce makas Award Order Denying Mien Claim and Order as follows regularly submitted his Findings and Party Defendent FINDINGS OP FACT Riley ... James Whitcomb employed as an insulator by various born October 23 1899 whila employers in the State of California commencing in the the month of January 1920 continuing continuing through May 19 1957 sustained injury injury arising out of and in in the occurring course of his amplopment as follows In the performance of bia occupational duties the applicant was exposed during each and every day of his employment to deleterious dusts the accumulative effects of which resulted in a renderad the applicant totally pneumoconiosia and tuberculosis disabled on May 19 1957 which 2 The names of the employers and insurance insurance barriers for said employers during the periods of said employment and ex- posure are as follows . a Employers Employers Manville Warren and Bailey Southern Asbestos & Magneria Rubber and Asbestos Company Los Angelse Rubber tion Company Marine Engineering Company Robert Incorporated Corporation Company 0. L Plant ^ae ^/bsaatmaossg- vidual doing business as Lynch Asbestos \ Company and LA 192-235 2 . Mage EXHIBIT EXHIBIT A Company Plant Insulation and Thorpe Co. Armstrong Cork Company Coast Insulation Predusta Morgan Company and J T. Therps Inc. b The insurance carrier for Marine Engineering Company a corporation and Plant Insulation Company a corporation during EmployVDS a part of the period Insurance Company a of applicant's corporation corporation employment was Pacifle The insurance carrier for Robert O. Lynch an indi- vidual doing business Company a corporation as Lynch during a Asbestos Company and Lynch Asbestos part of the period of applicant's employment was Industrial IndemnityIndemnity Company a corporation The insurance a corporation during a part ment was Guarantee Insurance carrier for Coast Insulation of the period of applicant'ap lsicant's Company a corporation Producta employ- The insurance carrier for J. 7. Thorps Inc. & corporation during the entire period of applicant's employment American Motorista Insurance Company a corporation wee. The insurance carrier for Plant Insulation Company a corporation during a part of the period of applicant's employment was Pireman's Fund Indemnity Company a corporation were subject During said times all the employers and the employee to the proviaiona of the Labor Code of the State of California 3. Said injury caused temporary total disability entible ing the applicant to 40.00 per week beginning May 20 1957 through November or until 16 the 1959 and thereafter during the continuance of disability further Order of this Commision based upon max~ MLES sarnings 4. Jefendants are entitled to credit for all a ma fore paid a disability indemnity hera 5. Applicant is entitled to be reimbursed reasonable value of medical treatment procured by him Orta. Resorby: or relieve from the effects of said injury to be adjuste 4 adjuste soe NL | 57-11 182-835 3 ee AbiAt bit parties among themselves If adjustment is not possible this Comm mission will determine itemized bills Among the the matter upon the filing items of reimbursement and are service of vo the followings The defendants are directed to pay to Veterans Administration Ess- pital the sum of 2,685,60 to Dr. C. Plarre De Lantes the sum of 105.00 for services rendered as anesthesiologist which was authar laed by the defendants and to Dr. John K. Shirey the sum of 331.00 6. In view of Pinding 5 the lien claims of Dr. G. G. Pierre De Lawter and Veterans Administration Hospital should be denied 7. Pursuant to Labor Code Section 4600 applicant is entitled to the reasonable actual and necessary medical expenam insurred for rays laboratory fees and medical reports required to successfully prove his claim herein able directly to Dr. John K. Shirey in the sum of 150,01500,00 pay- 8. Founder's Insurance Company is entitled to a lion against unpaid compensation in the sum of 1,040.00 for the period beginning May 27 1957 for a period of 26 weeks at the weekly rate of 40.00 under the provisions of Labor Code Section 4903 9. Founders Insurance Company is not entitled to a lien in the sum of 120,00 for hospital benefits paid the applicant under the provisiona of the Labor Code 10 Applicant is entitled to such further medical and surgical treatment as may reasonably be required to cure or relieve from the effects of said injury This treatment iz to be furnished by the defendanta herein Further 11. Said injury will result in permanent disa^ disa^ searing to establian the extent thereof will ye held by the Commission proof that the interest upon the request of any party in upon disability has become permanent and stationary stationary 12 of Limitations The claim herein is not barred by 2, Statute LA 182-835 EXHIBIT A prejudiced 13 alleged failure time required by Defendants have not been prejudiced by any of the applicant to report said injury within the provisions of the Labor Code 116 Applicant's attorneys are entitled to a lies against unpaid compensation for the reasonable value of thair services in the sum of 750.00 750.00 x. th , 15 Pursuant to stipulation of the partins Phoenix Indemnity Company @ corporation is entitled entitled to be dismissed and discharged barefrom AWARD AWARD IS MADE in favor of James whitcomb whitcomb Riley against Company Manville Incorporated a corporation Warren and Bailey Southern Asbestos & Magnesia Corporation Corporation a Rubber and corporation Plant Asbestos Company Los Angeles Rubber Plant Insulation Company & corporation Marine Engineering Company a corporation Robert O. Lyngh an individual doing business aa Lynch Asbestos Company and Lynch Asbestos Company a corporation Plant Insulation and Thorpe Company ; trong Cork Company corporation Coast Insulation Produsta a corporation Totman Morgaa Company Pacific Employers Insurance Company a corporation Indus- trial Indemnity Company a corporation Guarantee Insurance Company a corporation American Motorista Iazurance Company a and Fireman's Fund corporation Indemnity Company a corporation jointly and severally of the sum of 40.00 per week beginning May 20 1957 1957 through November 1959 and thereafter during the continuangs of 3. disability or until the further Order of this Commission this together with interest as provided by law less all together sums Meretofore ; fid leas the sum of 1,040.00 1,040.00 1,040.00 payable to Founders Insurance Co 4750,00 payable outlined in Finding 8 ; and less the sum of 4750,00 5a aya and McLaughlin as attorneys fees together with reimbursement for the the reasonable value of his items of reimbursement procured medical treatment among the defendants shall pay directly to LA 192-835 ae - . i * Veterans Administration Hospital the sum of 2,685.60 2,685.60 to Dr. G. - Pierre De Lawter the sum of 105.00 105.00 and to Dr. John K Shirey the sum of 8331.00 aa outlined in Finding 5 together with rain- bursement under Labor Code Section 4600 payable directly to Dr. John K. Shirey in the sum of together with 150.00 a such furthe medical and surgical treatment as may reasonably be required to ; cure or relieve from the effects of said injury as outlined in Finding 10 IT IS ORDERED that the lien claim of Veterans Adminio stration Rospital and the lien olaim of Dr. C. Pierre De Lawter be : and they are hereby DENIED IT is FURTHER ORDERED that Phoenix Indemnity Company . a corporation be and it is hereby DISMISSED DEFENDANTS ARE FURTHER ORDERED to report to report to this Commission on Form 0-6 within ten days after the cessation of compensation payments under said form and copies of all the above continuing sward Copies of reports incidental therete are to be served an all adverse parties before filing with this Commis~-lan GAMINN 57-182-835 57-182-835 : GEORGE A. MARTINELLI Rotare INDUSTRIAL INDUSTRIAL ACCIDENT ACCIDENT COMMISSION COMMISSION DATED AT LOS ANGELES CALIFORNIA NOVEMBER 27 1959 BAL BAL -~ 6 Exhibit A DEPARTMENT OF HEALTH EDUCATION AND WELF^ RE SOCIAL SECURITY ADMIN IRATION October 17 1958~. Industrial Industrial Acoident Commission Attention Mr. George A. Martinelli 501 State Building Building Los Angeles 12 California Rafares Gentlemen With your lotter of September 3 you enclosed enclosed from Mr. James Whitcomb Riley to send authorization age and survivors insurance you a statement of his through June 30 1957 account account for January 1 1937 Earnings are credited to the follows account for this period as ; . Emplover Period Ended Amount Harry Caw Rt 1 Box 1011 12/31/37 4560045600 _. Sacramento Calif Asbestos Supply Co. of OrOregeon gon 221 S.W. Front Streat Fortland Oregon 12/31/37 345.81 345.81 Westcon Asbestos Co. 675 Townsend St. San Francisco Calif 12/31/37 230.00 230.00 Plant Rubber & Asbestos 537 Brannan Street San Francisco 7 Calif Wks Western Aabcatos Co. Asbestos Co. of Calif 742 - 16th St. San Francisco Calif . 3/31/38 6/30/38 9/30/38 3/31/38 3/31/38 176.63 361.88 260.63 180,00 180,00 6.25 M. R. Carpontar 907 Front St. * Sacramento Cali5 6/30/38 2. B. Badger & Sons Co. 75 Pitts St. Boston Masa 6/30/38 Plant Rubber & Aabcatos Bay Cities Asbestos Co Fifth Ave & East 12th St Oekland Calif Plant Rubber & Asboston Plant Rubber & Asbestos 9/30/39 12/31/39 9/30/40 6/30/41 9/30/2 12/31/12 210.00 210.00 1,268.96 1,268.96 1,731.04 1,731.04 Industrial Accident Commission < 10-17-58 Emplover Emplover Period Ended Totman Morgan Co. 122 3. Michigan Ave. Chicago 3 111 Coast Insulating Produsta Jorp 3/31/56 6/30/56 9/30/56 3/31/56 3. T. Thorpe Inc. 5. 7. Thorpe Inc. 9/30/56 12/31/56 3/31/57 6/30/57 Totman Morgan Co. 3/31/57 Mountain State Co. P. O. Box 7586 Denver Colo Construction 6/30/57 | Amount 1,6 4_0 @ 1,371 1,664_00 1,664_00 1,164250 1,164250 234.00 375_20 1,587.60 1.340.00 + 1,085.30 1,085.30 132.00 480.00 480.00 Our recorda ployers are reports do not show the not required to employment employment exact date of furnian this information since em- on their Sincerely yours J. L. Pay m^/^/lstantDirector CALIF ORY ra INS PF oF rmve oicN CALIFORNIA INSPF Aa TING BUREAU CALIFORNIA Minion RATING Minion Street California Francisco 1959 Herling ard Hevlihg Suite $35 Herlihy Herlihy Sue Herlihy Herlihy Herlihy Central Aiding Suite 515 Park Street 1959 Angeles California California California Centleman;: Res JAMES WHITCOMB RINEX WHITCOMB va, JOHN3 MANVILLE LA 182-835 182-835 . Gentlemen refer ts Please Please refer refer your letter letter November November requested requested the your letter letter connection insurance car iors carriors carriors in carefully requested Please Please advised advised that developed the following an, wist to advise record 1959 wherein wherein the above caption you and checked our records records pod information Harry Suppl7 Ca, or Oregon No record Asbestos ASDeatOS Company Asbestos Company Compensation Ina Func Policy " Policy Plant Rubber Rubber Asbestos Worka Policy " No record Asbestos Company of California - No rocord M. OR. Carpenter Carpenter No record 9322136 11-1-37 9322437 9322438 11-1-37 38 11-1-38 11-1-38 E, E. Badger Badger Sons Company = No record Bay Cities Aabestos Company = No record Company Earl Earl Stice record Company No 446071 Indemnity GC, C. DutIntdounstr,ialC. Leighton Leighton Western Fiberglass Indemnity Exchange Policy 446071 8-9-46 8-9-46 Policy . 8 8-9-46 Marine Engineering Enginering Supply Company = No recard, waGo/ 7 Roderick Lynch Lynch Asbestca Co. Industrial Industrial Industrial Policy Indemnity Indemnity = Polloy 6483-01145 Polloy $483-01145, Warren Warren Warren Bailey Company Company Wo racord United United Company Company - record 5 aN Plant Insulation Insulation Employers PacificPacific Pacific Employers Ml u it Employers Insurance Insurance FiremFiremaan's n's Fireman's . " " 4 M Insurance Co, 106710 Insurance Policy Policy 105515 So, Policy C 5-9-49 106710 5-9-50 5-9-50 51 Policy 107609 Policy Policy Policy 107681 6-30-51 107681 1-1-52 53 179877 1-1-52 10-1-5 Policy Policy Polloy Policy Policy Follcy Policy 194562 10-1-53 WCP 1509 Polloy . 5-1-54 10-1- Policy 3501 10-1-54 10-1-54 55 12s Si, WCP 38431 20-1-55 20-1-55 56 Policy 3601, 10-1-5u,/'55 w0?-38y3,. +0-1-55/56 Cork Insulation Company Inc. - No record J. T. Meindt Inc. Thorpe Inc. Pacific Employers Employers it 11 11 11 Insurance Co. Royal Indemnity Co - Policy RC3-94480,10-1-52 Pacific Employers Insurance Co. - Policy Policy Policy Policy Polley Policy RC3-94480,10-1-52 Policy Pollo7 Policy 89117 10-1-46 101630 10-1-67 102052 10-1-43 45 105813 10-1-49 10-1-49 50 107557 10-1-50 107409 10-1-51 RC3-94480,10-1-52 10-147 10-16224 10-33841 10-1-53 1-1-55 10-1-54 1-1-55 1-1-55 American Motorista Motorista Insurance Co. - Policy 431-898,1-1-56 431-898,1-1-56 Policy 431-898,1-1-57 431-898,1-1-57 Cork Corp. - No record a Metal Clad Insulation Company - No record 011 Field Construction United Pacific of Bakersfield Insurance Co. - Polley 13353 1-1-51 B. J. Bartells Company Associated Indemnity Co. 15 Policy 47-3752 47-3752 10-1-50 Policy 476597 10-1-51 Armstrong Cork Company 2212-39 Employers Mutual Liability Liability Ina of Wisc -Polley Standard Accident Insurance Co 1-1-51 52 - Policy 718420 1-1-51 Travelers Insurance Co " - Policy 2047243 Policy 26738CL Policy 3396210 1-1-52 1-1-53 1-1-54 Frank E. Scott & Jas Roberta Roof & Floor Co. - No record Zothein Company Rowell Smith B. H. Greene & & Powell Our records indicate this employera namo sa Isotherm Industrial Indemnity Co. Company Policy 6515-01404 7-1-51 Indemnity Policy 6525-01112 7-1-52 Jamar & Olmon Company - No record Philip Carey Mfg Compang 4: General Accident Pire & Life Assurance Corp. Clark B. Reece Rence Insulation Company Argonaut Insurance Exchange Policy 50638. Pacific Employers Insurance -Folley C Employers 31-52 mee Policy WC Wm d Staigerwald Asbestos Products Company ge Uy State Compensation Insurance Fund - Policy 98790-51- 98790-51- Compensation 27-51 Policy 98790-52 5-27-52 Fooer Alan O. Coldwell Paul Refractory Construction Company Liberty Mutual Insurance Co. = Mutual I. Neff 8-100069-52 Policy # 8-100069-52 Polloy 8-100069-53 6-1-52 6-1-53 Owens Corning Fiberglas Corp. , Coast Aetna Casualty & Surety Co. Casualty s Insulating Products Comp . Policy 31-0-700RR Polloy 31-0-733RR Policy 784RR 9-1-23 54 9-1-54 9-1-54 9-1-55 9-1-55 ; Guarantee Insurance Co. a Policy Policy 206829 10-1-53 54 514978 5-1-54 Argonaut Insurance Exchange 4 Pollsy 86736 5-1-55 Policy 95792 5-1-56 57 Manville Sales Corp. Travelers Insurance Co. 4 C Policy 3955647 Policy 4979820 . 7-1-54 7-1-55 Totman Morgan Company EmpEmpllooyeyrsers Liability Mountain State Construction Assurance Company - Co. - Poli07 Policy No record 3129719 3148253 1-1-56 1-1-57 Los Angeles Cork National to you We trust Company Auto & Casualty Co. Auto this information as - Policy Policy 547121 -10-27-5W -10-27-5W 55 572258 10-27-55 10-27-55 listed will be of some agalataga RAQ em j Very truly yours R. T. Read Superintendent Underwriting Department // R A 01m a Exhibit 0 EEmployemr plEmoployeryer Employer Employer Employer Johns Manville 3rd & Main Ste LA , Carrier - i. Exposure Period @one 1920 for one year Testimony . M SS records rene Silent aan aiboetotdicket Type of Exporue Asbestos _ re a Unknown / . _ . a 1921 to : ee . 1925 Silent \ ~ Asbestos pare a remy rere ~ Mirren & Billey . to 4 Unknown ' Oct or Nov 1925 for 1 game I } or 1-1 - LO ---- them 2 | Soestos ( aneaneieemeene unkngah 1-1 yrs ending same Jul or Aug 1927 Silent Asteston Co of Calif San Francisco ea unknown a Nov 1927 to Christmas 28 same ellent D'atomaceous earth and sbestos Diatom earth and asbestos asbestos d eng toyer a carrier ~ expos brtod __ teatinony carier >) 12-9-53 teaurony 27-54 . Travele}s expon ^ riod for /1 3n 27-54, 2/1/54 Arnst Armstrong cork 12-9-53 this Travelers 12-9-53 R/S Armstrong WE ssc, a babet AME, 98 recone YGusrante 12/31/55 e tne co 2-25-54 to 4 12-25-54 guarantee / east Insulat 1-16-56 to 1-16-56 Totman Morgan Co. 5-27-56 letter says e employed . letter says J during period employed thru ee cement cPerent 8/31/56 . . , American motorists suptet JT dem 9/11/56 Learn 5 19 Learn Thorpe Learn Learn Ne tetsu) Frome - _ o Fiberglass Owens Fiberglass Effect Effect fiberglass established lungs lungs has been by the establ tahed by the evidence. 8-20-7 - 8-20-77 8-20-78-20-77 AR NA 1 G6 FRANK 6. DOLLEY A AVRO A BREWER. wo & COWARD KING M Aman teen Se OD BR Lee BEER iO LE LE TY, CA October 14 1980 Mr. George A. Martinelli Kafarea State of California Industrial Accident State building Los Angeles 11 California Commission Commission ; Re James Whitcomb Not 7 LA 182 433 . Dear Mr. Martinelli Conferance 15 The above patiant was examined in our office ca 13 This report has been deinyrandi because of my absence from the city At that time be was found to be feeling subjectively better The wound has healed wall There is a minimum amount of pais incti he s incii sion o incin sion Examinofatt heichoesnts Breath sounds come through much better on the right No raiss nor adventitious sounds were heard He seems to be making standy improvOSEGAS This report is considerably out of date We understand the hear wai s bneig ng sat for next month and believe that he la coming in for an examination in the near future which will be more timely LABid oe / reTare 4 at + Ie 4 por CM THE HOSPITAL OF THE GOOD SAMARITAN + . uy wy ec SURGICAL PATHOLOGY REPORT eS Surg Path No. 23578059 23578059 Name of Patient Room No. 413 Attanding tor RILEY MA, JAMES WHITCONS Atm. ie, Ente 7-13 59 Lb, Brewer K.D J.K.Shirey M.D. RIL biopsy & lobe posterior hiatal nerve biopsy of rt upper lobe Specimen representing basal segmental resection of lower lobe of right lung consists of portion 95 788 The visceral pleura of lobe for the of lung weighing approximately most part is smooth and glistening However in one location the visceral pleura is soment depressed thickened by white or pale pink opaque tissue this sone measuring 2.2 x 1.8 cm in maximal surface dimension Beneath the thickened pleurs and extending into the basal segment deeply is a poorly defined tumor measuring 4.4 x 3.5 x 3.2 cm in overall marian dimension the tumor being characterized grossly by firm white or faintly gray glistening tissue with chalky streaks with variable amount of anthracotia pigmentation and with fool of cystis necrosia THO blocks of this tumor were taken for frozen section purpose Frozen section diagnoala reported as large cell undifferentiated carcinoma with possibility of spindle cell variant or sarcoma or pneumoconiosis in association with carcinoma The small amount of pulachary parenchyma surrounding the humor grossly appears to be involved by inflammatory process with perhaps mild dilatation or smaller branches of the basal segmental bronmi The second specimentonsists of the remainder of lung together with lobar bronchus the specimen visceral pleura is partially smooth glistening the lower labe of right weighing 170 grams The and nonthickened and partially thickened by opaque fibrous tissue Close to or at the line of resection of the above specimen there is subpleural induration possibly representing small amount of residual tumor Elsewhere in this right lower lobe there is rather extensive pulmonary expnysematous alteration most conspicuous in a subpleural location where the uaphysematous blebe measure up to 6. 6. in maxinal dimension The amphysems not infrequently induration is associated with areas of delicate as though in the fora of irregular or linear fibrosis with or without variable anthracatio pigmantation Large nodular areas of fibrosis are not evident neither are and nodular caseous or caseocalcific structures The segmental broneni their branches po 1 SOMewnat thickened wall and contain a vadable Amount of woold material but broneniectual is not observed The branches of the pulmonary arteries possess excess atheromatous involvement wi aati OEE et mie mend ne Re . NR Na dw ae St oe ag ee oe eoe A ok SAMARITAN Zurg Path No 3578 Name of Patient RILEY -- -- -------"--413 - Attending ter BURGICAL BURGICAL 39 MA JAMES PATHOLOGY n WHITCOMB Pate REPORT Ads Na. 7-13-59 ak. | RY . some thiekening of the distal or The peribronchial peribronchial lymph nodes smaller are branches but without thrombosis and extensively involved by somewhat apparent enlarged rubbery in consistency caseation or of calcification are anthracotio pigmentation Jaai of nodes not evident grossly within these lymp^ . lower lobe Received with the right 2.2 1.1 cm in are two large lymph nodes the larger to firm in consistency and overall dimension Each node is rubbery Poel of casdation extensively involved of calcification and by anthrasotie pigmentation of tumor lika tissue are not evident Received lymph separately and labeled nodes posterior hiatal * grossly to or fragmenta thereof that nerve the lumphatic tissue are apparent previously examined being similar lobe The last in formalisnpeacnidmen labeled biopsy of right upper is In overall consists dimension of a subpleural wedge biopsy received ubpleural and possessing thickened measuring 2.5 emphysematous emphysematous fibrous like visceral ^ 1.8 f calcification calcification alteration but without irregular bands of fibrosis pleura ez with grossly recognizable foci cassation . ummary of sections Apparent solitary right lower grossly visible lobe -- tumor basal segments Adjacent multiple pulmonary parenchyma blocks ,, designated A. of right lower lobe .- and areas elsewhere Regional peribronchial multiple blocks labeled lymph nodes B. all sectioned labeled C. -~ blocked serially SelpaabrealteedlyD.received large lymph nodea -- blocked a8. Separately received lymph nodes labeled histal all sectioned labeled ~ napve Biopsy of right upper lobe pewe y, -multiple -multiple blocks designated Ie Approximately roams specimen half of the representing basal initially removed RE right lower lobe la saved segmental resection of studni within refrigerator for under sterile conditions pending the histopathologic possible bacteriological studni of the right histopathologic lower lobe findings and the remainde studni is also saved wiMIN the refrigerator for possible chemical or bacteriologiqni bacteriologiqni studies and spentoscopic analyses analyses ot ee aoe ne Re Ne BL , we THE HOSPITAL OF THE GOOD BAMARITAN " y SURGICAL PATHOLOGY REPORT - Burg Noom . Path.He Path.He 8 3578-59 ..... Name of Patient Attending doctor Pesereaersonce 3 73 AILEY Ja dan, Date cco seeenees . ; We. beecee Additional by Grossly Beation summary visible sections of Lower lobe of right lung not involved tumor - ten additional blocks taken for paraffin The remainder of the lower lobe kept within the refrigerator at of right lung 5 degrees including including amor are dried state for ray diffraction or centigrade partially | be arranged through or by Dr. Reginald Sspmeacrttroscopie studias much to ; - - Microscopie Description Upon microscopic examination of the stained tissue sections from the various hematoxylin and eosin basia pathologic specimen submitted processes observed namely there are three and chronis active inflammatory process cancer pneumoconiosia or bronchioloectasia with or without bronani The cancer microscopically is limited of the lower lobe there being no to evident a subpleural basal portion spread of the tumor at a lymphatic or blood vessel The structural setting distance from of the the infiltrative tumor proper or squamous carcinoma cancer variable from is largely that of an epidermoid type to an anaplastic type a associated keratinizing well differentiated nonspecific inflammation The with abundant febrosia and in the form of tubular units sarcinomatous of cellular elements ocOUP uncommonly ressembling the variable size and configuration not filled with necrotic configuration of small tumor cells bronchi but being of neoplastic squamous epithelial Occasionally the infiltrating nesta number and the variable cells are of three to six cells in separated by abundant structural elements of this darsinoms ar owllular fibrous amount of richly connective tissue collagenous frequently richly inflammatory cella In with patchy distribution of in a carcomatoid areas the neoplastic cellular elements derived from the fashion and such cellular elements present appear to be variant of the carcinomatous elementa carcinoma As mentioned thua representing spindle coll solid carcinoms possess frequently previously central the larger nesta of central or multifocal multifocal aquanoua necrosis and less commonly the frequent lymphatic and bloodmvaetsusrealtion with keratinization Despite involvement by the invasion and intraluminal appears to cancer be limited together with organized thrombi the entirely to the area of carsinoma~ carsinoma~ limiting factors being the extensive infiltrative growth suah fibrous thickening of the viageral e ee ACL PR VOREID ee peN Se . . THK HOSPITAL #B 3578-79 RILEY tame .% 7 OF THE GOOD SAMARITAN SURGICAL | . . : ut 0 PATHOLOGY , aw . ts 7 ata ee a 5 : a8 88 ate Ne se et S ve pleura the extensive pulmonary fibrosis surrounding the infiltrative fusor and the fibrous organization of the thromb^' issoolaw with the intraluminal saminomatous involvement of veins and arteries Even the lymphatic involvement appears to be localized the adjacent and distans pulmonary parenchyma in this lobe of lung being without rosonginable lympnatia spread and the numerous lymph nodes blocked serially and step sectioned being without microscopis evidence of metastatio canCET La oarainoms tous In correlation with the clinical aspects together with the rather extensive wall differentiated components of the squamous careinceus 1" appears that the carcinoma developed in a preexisting area of fibrosis and became limited to such area by such fibrosis together with fibrous organization of thrombi involved with suncer elementa The carcinomas structural setting is not that typical of the brushiolar but the derivation of the squamous cancer seen in this case be ca the same basis namely from stypical squamous metaplasia andmahyyperplasia of bronchiales at sites of bronchiolosctasis and pulmonary fibrosis Such alterations are known to exist in this case elsewere though additional feel of indepdnent transbr^ation are not . definite unless such food are an extremely early noninvasive or in , sit phas of development . . Morophages The structural setting of the pneumoconiosis in this case is soms variable from one region to another different such variability possibly representing phases in the development of a morphologia alteration mough also possibly due to different forms or types of inhaled toxic quat particles Within the pulmonary parenchyma one etiologic factor is that of asbestos partisien with formation of typical asbestosis bodies particularly in the small bronani bromenioles and alveoli asbestosis However bodies are not evident within the peribronchial and mediastinal lymph nodes mich present a structural other that of pneumoconiosis due to distomaceous earth setting resmibling namely 181170 accumulations of dust laden macrophages with variable mumber of milti- nuclear f^ras and with variable incresse in collagenous fibers These cellular lesions occasionally coalesce to form larger nodular structures with central degeneration or hyalinization of collagen but the typical discrete morled hyalinized collagenous nodular structure of silicosia are not observed Within the lymp nodes UD vast majority of the macbophages or histiocytes contain dark gray or black anthracboda dust p^/gment material though a moderite number of the same cells 6280 contain intracytop^asmic scicular birefringent partiales Ocasional Morophages possess linear yellowish brown fiber like particles measuring ip to 10 or 15 microns in length and being extremely narrow suen sartiales not being birefringent upon examining the hematoxylin and s J et a on ers me wn 13 , - x stained paraffin seations under polarized light Decasional ~: hemosidarin hemosidarin marophages are observed but these are relatively Linomo as compared to the sumber of macrophages containing dark grayian brown or black granular material a part of the structural In the pulmonary parenchyma pattern also appears to be that or comiosis of a distomecetus earth type onaracterised pnevamo prominent thickening of perivascular sheaths and by variable often walls suah contiguous alveolar thickening being dua primarily to increased cellularity accompanied by increase in delicate Miltinuclear cells often dust laden occur in hgstiocytic collagenous fibers commonly there is variable often variable mumbers Nore fibrosis about small bronchi and conspacuous and dense fibrous replacement of adjacent bronchioles with variable degree of appearing to extend alveoli ruch pulmonary fibrosis peripherally in a poorly defined fasion to merge with the thickened fibrotic visceral pleura Thus the bulk of the pwiutlhmionnartyhe fibrosis appears to be peripheral in location and desper conspicuous there parenchym where fibrosis is more pateny and less CEDNY are the areas of obstructive finaly vascular pulmonary pulmonary pulmonary areas of peripheral pulmonary fibrosis with conspicuous thickening of alveolar walls and with obliteration of alveoli adjacent to moderately cellular rerainal bronchioles the fibrous connective tissue richly collagenous is associated with dense accumulations of dust laden patahy merophages usually to the form of finely glam~-lardark grayiah brown to blacx material but linear yellowian brown fiber like strains occasionally as similar to those occurring within the lymph nodes Miltinuclear forms are not occaaimally hemosiderin uncommon and sones In the remaining alveollmcarnodphbargoenschiaorleesfosuntdherweita hr ie n stcha ettfeirberdotic waistbhestvoasriafbilbeers with formation of typical asbestosis bodies together number of intracellular or extracellular acicular birefringent particles measuring less than 10 microns in together with shaped yellowish tan to length particles of similar langin and with yellowish brown nonbirefrinent particles which are barely vialble crystalloid crystalline doubly fefractile by use of polarized light The vary in particles size from which are not stained or which are pale baaopallis The smaller 3 to 40 microns Mey also vary in configuration larger onea crystalline partiolas say be intracytoplasalo but the alveolar liniunsgualsleyptaalre ceflrlese wno itthin the alveoli or bronchioles The forming aggregates Kithin the alveionlfarrequleunmtelny proliferate and slough me segmental slight bronchiectasis is peripheral fibrosia zones mere there seen in close proximity to the my be brezahialosctasis as well ey an ET ens ; EI . se p 5 y sousmous existing right Pigns With or witnour Thse bronahisies nio nfrtequently infrequently a typical Thse without infrequently metaplasia this mucosal seen hyperplasia satend satend along alveolar duota occasionally process into seen fosi fragt along atypical atypical duota occasionally hyperplasia hyperplasia alveoli These metaplasia bronchiolar mucosal mucosal and hyperplasia dareincas metaplasia existing ayy described described lobe of are not evident tiasus In the numerous numerous tiamus seationg examined sections microcopically epithemlisid reaction tuberculois granulomas cassation epithemlisid tata caseo caseo PINAL MORPHOLOGIC DIAG~OSES DIAG~OSES PINAL DIAG~OSESRIGHT LUNG NODESLOVER PINAL PINAL UPPER DIAG~OSES PERTAINING AND PERIBRONCHIAL LYMPH NODES 1. MORE pneumoconiosis 1 Autive pneupmonconeiousismoconiosis characterized 1 dense pneumoconiosis peribronchialar fibrosismowripthhologically fibrous fibrous degree thickening peribronchialar alveolar particularly in prominent the portion thickening pulmonary parenchyma malla occasional fibrous peripheral obliteration alveoli , the principal principal that etiologie component component of of this pulmonary pneumoconiosis being being pneumoconiosis bronchioles aasblestosvis aesboesltoisis formation or withotuytpiacssaocliatedsaasbsoecisatetdomis alveolar palpeale basophilia Ge birefringent Excrystalline from 5 material of alveolar with maximal configueration configueration without configueration unidentified lineatro ySeullmoiwcirsohns in oryellowish dimension with brown fiber fiber unidentified unidentified alveoll or tan hages alveolar alveolar wall wall material mesure alveoll to 15 within mero in the IXXX material morphologic morphologic features microns resembling resembling in pneumoconiosis GROUS earth characterized characterized morphologic characterized thickening of pneumoconiosis perivascular and contiguous contiguous contiguous cecus laden macrophages with mumber of multi- collagenous fibers and similar ie ee ener tg OO ig Rm^idmebnetrioffieidntrtaycpyteoplasmia sedeular birefringens partisles of .* =" braahiolosetasia o Associated segmental mild brandisstasis and ith extensive stypical bronchiolar miccsal quanqua metaplasia with extension of hyperplasia with fool af suchalong alveolar ducta squamous carcinoma existing > Associated asal localized spidermoid carcinoms ( portion of lower lobe of right lung peripheral in assuring about 3.5 cm in maximal sing well differentiated though dimension location and this careinoms usually all variant or though in areas progresses into a spindle mandant fibrosisanaplastic type the carcinom being associated with *. r the abdundant and appearing to be limited in direct invasiveness fibrosis and pneumoconiosis with le involved area the arterial fibrosia intravenous sur ounding iread of the carcinom also and intralymphatie le tumor propar by appearing organization of to be limited to the area of emmata oc ur thia the thrombi in which the cander xi of carsinom appearing to be derived from atypical bronchiolar mucosal ith the pulmonary fibrosis squamous metaplasia Raociated pneumoconiosis | No recognizable direct involvement of the _ sceral pleura by the underlying infiltrative fibretis thiakened monstrable lymphatio or other infiltrative carcinoma no a grossly dimnt visible tumor and vascular spread by the carcinoms no demonstrable demonstrable metastases to beyond mediastinal lymph nodes blocked serially tentipo erniberd onchial E uaPlluylmoocncaurryrienmgphdyeseepmear woifthainn obthsetructive finely vesicular type Amonary fibrosis is less pulmonary parenchyms were onchitis and conspicuous associated with shronia astive bronchioletis nongramul ome toun Diffuse pulmonary arterial creased sthertentous sthertentous sthertentous morphologic involvement changes characterized by able increased collagenous of elastis elastis pulmonary arteries by lmonary arterisa collagenous and thickening of the intim of muscular without by nyperplastic recognizable sclerosis of pulmonary arterioles thrombosis or vasculitis da / RAZNORED BANGLE JR X.D. i ee SIA Onl SO Aa - Call edlor. she Brewer'sBanoglef Good HospMairttinaellli-'s contact see office, Hubbard 3-7955and | end aCskaedllt ed hDre . Brewr er's Be rewer's office Dr. Hubbard 3-7955refered referred ia n in report Dr. she 1959 said that tnet Brewer's report at Samaritan Samaritan would contactcontact Dr. Bangle sent to usto andand the report Mr. Martinelli's Pathologist at Good Samaritan eh 14 attention attention nn 9-1-59 are Aare . edhe As ' : nme par e ers re ee AA a. en ee ; we M. fama & BOLLEY LIMAN A. BREWER BREWER MA SDWARD L KINMG fi : : ee . ; SR, SEM a Leo in my July 38, 1858 Stats Buloding Los Angeles 12 California Geathanena: Rat James Whilwenh Nor 17 LA 183 498 Cafersnet 7/27/89 , Ca right lower lobe lobectomy and subseqmumal resection of the right 9/11/19 a upper lobe carried out the hospital of the Good Samaritas was at Copy at Like operative report la lacluded Bla postoperative course ka hooded to have a was uneventful howev^ - which pamumoperitoneua established to push up the right diaphragm was carried out successfully on two occasiona during the postoperative He was omalaod in our offies on 7/18/30 The wound is healiwnelgl The breath sounds came through quite well on the right side Thers were good breath sounds on the left side ray showed the right lung expanded with s sinural sandow at the right base We were pisssed with his early course dAetsssiutrygetroy bwee tfhoautnodftahelosnhaaldiozwedof the right lower lobe which was of lacrnased was squamous cell branchogsale sarmizona It lymph this reason that the entire right lower lake was resouted along with the lymph nodes instead of the previously anticipated localized resection for biopsy purposes With the right lower lobe lobectomy a subsegmantal resection of the most surima appearing lasions in the right upper labe was permitted This la a most unusual situation because it could not be diagnosed with certainty that certainty ^ tumor was present in the right lower labe because of the extensive pasuBO< as dominals and fibrosis of the lung shows of the ray film The cfhaaatctchaat that this was one tres appeared more dense than the others the mosL^ sand the fact that it could ba and seemed to be increasing over palpeted readily when the opened lead us to the surgical procedurs outlined above this in case are unusual the Certainly the findings yet undersigned believes that this type of surgical thin procedure and surgical purmjaakum in lepurtant for a simple lung biopsy in min TO Ss RC wet an a , FRANK 8. BOLLEY M.G. LYMAN & BREWER BREWER . . M EDWARD L K~ N . Bar James Whitcomb Miley pope in ST Oye , - 4, : i ea He! . o% a 40 eee BOeTcoeee , of, The setkologizel report has been of the made by Dostar Laymond kangle Jr. M.D. M.D. Hospital of the Good Samaritan Although he having further studies nada as the pathological is tpaced material in an skiremely detailed six Quniosltaypewritten report he gives the following catelusium payed single 1 priaciple stiologic composent composent veing asbestosis asbestosis active pneum with features resembling diatomaceous earth Further umjodnio by Doster Bangje ta more studies h^veboan anderes campista yelucidate the irritating substanose responsible for the maeumoconiosis although the above definitely sada 2 Asscalated sild diagnosas have been broachiectasia and bronchalilia This is although some detailed reports from Dosier Bangle will be Thus the diagnosis of report with pneumoconiosis asbestosis has been substantiated by the pathologies and diatomaceous earth as important important izritating substanOWA This process diffusely involves the right lung and from the left lung sa wall The Industrial nature of ray fladings the this disease seems to be clearty This is a most unusual case but cas we believe that has been handled wall, from the point of view of mening the industrial diagnosis for having the best possible operation for the patient Thearnedisatthtehestsraomneg time H{ conviction of the writer that this should be the aim of all industrial surgery LABI Very truty years Lysban hubda -- ---- -- bh % -- ---- 2-- - fre A Lysban Brewer II M ^ Ts IE : | aren e a + , . . ed 8.6. BREWER III M.D. M.D. ASI AND CIAT a SUITE 705 801W0ILSHIRE BOULEVARD STs LOS ANGELES 37. CALIFORNIA Je, boys a * ve "Ts" st oy : RECORD OF OPERATION Hospital of the mood Samarita Neme of the patient Alley James Whiteseb a Date 7/13/18 Pre diagnosdiagnoasis | QSuaemaeting of sabeatosiss abeatosis nogamie and fast infanti VL oseee wos, OPELATION Lobectomy Right Lower Labe Subsegmental | Riak Pair because a^>pulmonary status Insertion Right Upper Labo , reno: Jf , FINDINCE FINDINCE AND PROCEches PROCEches PROCEches gas mygen ^ ncisi^nand made over the 5th interspace on right and after was dorsi and serratus the the Instagmus interspace magnus muscles the pleural The lung was diffusely adherent to cthaevity was entered through this diaphragm and was freed by blubs and chest wall mediastinum and There was a mass about 3.5 cm sharp dissection la diameter securing all hleading points of increasing to an area in the right lower labs which corespondas basa noted for some density which had this patent It was fait this une on the in and so this was represented the most significant rays repaired with removed segmentally as a localized localized pathology in the ling multiple mattress sutures excision The lung was of fine bung was diffusely involved with a fine silk It should be stated that the nodular process and had the prose appearance compatible which was firm beaded with asbestosis and pneumoconiosis bronchial stump as a rainforcament silk completely completely Juba vas inmined quite carefully using our standard toohale Oa gross Then the upper ake dianksed arma in the Anterior examination there appeared to be indication for resection sequens of the upper lobe that had a This was strong the other areas originally definitely cysue with a firm well described appeared better under control whereas previous films of the Therefore & subsegmental resection than on the right upper laim was of the anterior segment vesseis and bronchi carried out repairing the lung and branch with interruptmi fine silk pulmonary treed up Middle lobe sutures Lung was now 3 40o 0 a expended well and there was a permissible Thermore as collapse for dead space carried spacs coeupying procedure was Y Carentan e aves aren. be oN a foes LY BOULEVARD BREWER H11 M. AND BUITE 766 201W0ILSHIRE BOULEVARD . . LOS ANGELEANGESLES 87. CALIFORNIA ap roe " RECORD OF OPERATION OO we TTpel a yeh ee, of the pedicpu edis cus Riley James Whitcomb page 2 opocative diagaman Ce eS ete . on ee eae ube Cin marr!ray mee . AND PROCED PRU OCER DUI RI 0s La^ -o continued .Foley cathetara were Ish in the third and sighth interene apeces connected with a closed drainage system The chest wall was gissed of in layura with pericostal sutures doubled i chromic casqut interrupted 08 ar .-. 3: cotton for the deep muscle and fascial layers fina satgut subcutaneously and fine silk for the skin The patient tolerated the procedure well and was returned to the ward in good condition . . ; : Ope Lymar n Aa Bowt wer o H D r . ee . y . a . J row oo! = ~ J Linuilioa . PS TPS r N A )a -ey ta a? ne fen BamNe x eee loee ama wore BEFORE THE INDUSTRIAL ACCIDENT COMMISSION ; OF THE STATE OF CALIFORNIA Case No. . LA 182-835 Guardian GRACE RILEY by her Guardian Grustee James C. ad Litem and ; Applicant MANVILLE INC et al | Party Defendant . Defendants INDUSINAL METERMETER INDUSINAL INDUSINAL INDUSINAL ) STATE Llky Llky Bugil kund FILEO ' Pursuant to Notice of Intention and WILLIAM 87 APR 25 1952 87 WILLIAM KAPLAN START Good Cause Appearing Therefor IT IS HEREBY ORDERED THAT Jamar and Olnen Company and Employers Mutual Liability Insurance Company of Wisconsin parties be dismissed as race defendant in the above entitled case DATED AT LOS ANGELES CALIFORNICALIAFORNIA APRIL 25 1962 Referee INDUSTRIAL ACCIDENT /Eomaassion ne 0. Copies masied April 25 1962 19 501 501 Mat Hays McLaughlin and Evans Spray Gould and Bowers Weingand Tipton et ai J.Bilenak The Travelers Ina.Co. F.Z.Carignan American Motorista O.Haswell Liberty Mut.Ins.Co. sore x Herlihy and Herlihy = Clopton and Penny Brobeck Phelger & HE Accling Ray Cusick Standard Accling Accling Auto McCaskey & Licker Natl Auto Petersen & Willa Employers A.Heranenson State Grace Riley by her eens 34 ; 7.3a Comp.Ina.Pund Jamar GALT James Riley and Olman Co. wif a */ liah om em an ' cos CD Before the Industrial Accident Commission of the State of California SPACH RILEY by her Odia ed Litem and Trustee James C. Riley Case No 57 LA. - 182 635 +8 MANVILLE INC al Applicant | NOTICE OF INTENTION TO DISMISS PARTNES DRIENTANT DRIENTANT a Defendant NOTICE IS HEREBY GIVEN that Ofter Diamissine and Bmloyers Mutual LiabilitLiaybility Insurance Jamer eq parties defendant will isme Commany of Olnew and Wisconsin Wisconsin Company Bewen days after service hereof unless Good Cause to the contrary is shown in writing within said time , ! GAM NN SPOVED 4-11-62 nn Heyn Melanghlin end vans 6331 Hollywond Blvd LA 28 Snray Gould & Bower 1671 Wilshire A Herlthy and Herlihy 412 W. 6th St LA 14 Clopton and Penny 639 3. Spring St L Weingand Tipton Kendig and Stockwell 611 8. Cataline LA 111 111 Brmbeck Phelgen Phelgen Sutter St San Prancisco Accide 111 Joeern Bilchak The Travg ee l C. 510 W. Ath St LA ge S4A Ray Chatok Standard Accide ne Knggley L Nations Nations # E. Carignan American Me Nations Nations 3545 Wilshme L.A Nations 530 Nations Maskey and licker licker Nations Nations Nations -Ins Co. 5. Spring Nations . Liberty George Haswell 530 Spring , wit Natioh ns Hill St. LA Petersen and Willa Amloyert Mic Lab Ins Co. 3540 Wilshire L what Admth Admth pilarshengr pilarshengr State Comm Ins Pund Box 2134 A tum ne 24 4 age BY a ee : oe 1075 LASTERN LASTERN LASTERN LASTERN moeawr me. wenk seated Raed MAY C Op ewe Ty (&2 , 23.6 23.6 cout ro ~ Petersen And Wille Apr 9 AND FILTY AH '62 { ~ - eee mee ATTORNEY ATTORNEY LAW 177 ATTORNEY #ne ae aerLE akE s F POe RE Lan jer C15 44. wey vis inke cert al CoG n eu ts tt we Lae te oy wong Sidi. euned B4jn cere 1st! Industrial Accident Sounds 107 South Broadway " Room 4107 Los Angeles 12 California April 4 1962 Grace Riley by ber Guardian Ad Litem James C. Riley va Manville Inc. 57 LA 182-835 412-95788 412-95788 Gentlemen Comes now Jamp and Olmen Company and Employera Mutual Liability Insurance Company of Wisconsin defendants and request that any proceedings still pending against them in the entitled matter be dismissed for lack of prosecution Very truly yours PETER ANDSWE ILN LS RCB 108 aay2,. Beanart Loc ahsk sali ute e tak ati in aeps ean ta : b rT os i H v - a 3 4 Zz E 1 4 7 r . * i ban yok va POET aN uae ne v 4 ; i ; i i) aay BEPORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STRE OF CALIFORNIA , CASE NO LA 182-835 GRACE RILEY by her Guardian ad Litem and Prustes James C. Riley Applicant vs ORDER APPOINTING MANVILLE INCORPORATED a corporation SOUTHERN ASBESTOS TRUSTER FINDINGS AND & MAGNESIA CORPORATION a corporation ASBESTOS COMPANY OP CALIFORNIA PLANT RUBBER & ASBESTOS WORKS COMPANY LOS ANGELES RUBBER COMPANY MARINE ENGINEERING COMPANY a corporation FIBERGLASS ENGINEERING & SUPPLY COMPANY a corporation ROBERT 0 LYNCH an individual doing business es Lynch Asbestos Company and Lynch Asbestos Company a corporation PLANT INSULATION COMPANY a corporstion COAST INSULATION PRODUCTS a corporation ARMSTRONG CORK COMPANY a corporation J. T. THORPE INC a corporation WARREN AND BAILEY TOTMAN COMPANY OWENS CORNING FIBERGLASS COMPANY PACIFIC COAST DIVISION PLANT INSULATION AND THORPE AWARD AND ORDER FOR CONTRIBUTION ; LOS ANGELES OFFICI OFFICI INDUSTRIAL ACCIDENT COMMISSION STATE OF CALIFORNIA FILED AUG 3 1961 WE WILLIAM KAPLAN ABBI SECRETARY SECRETARY COMPANY WESTON ASBESTOS COMPANY M. R. CARPENTER PLANT RUBBER AND ASBESTOS WORKS EARL O. STICE COMPANY UNITED CORK COMPANY CORK INSULATION COMPANY MUNDT CORK COMPANY METAL CLAD INSULATION COMPANY OIL FIELD CONSTRUCTION E. J. BARTELLS COMPANY ISOTHERM COMPANY JAMAR & OLNEH COMPANY ASBESTOS PRODUCTS COMPANY UNITED REFRACTORY.CONSTRUCTION REFRACTORY.CONSTRUCTION COMPANY FHILIP CAREY MANUFACTURING COMPANY REESE INSULATION COMPANY LOS ANGELES CORK COMPANY MOUNTAIN STATE CONSTRUC- TION COMPANY FIBREBOARD PAPER PRODUCTS _ CORPORATION PARRIFINE COMPANY CORPORATED C. R. DUTTON C. A. IN- LEIGHTON WESTON FIBRE GLASS SUPPLY LTD EMPLOYERS LIABILITY ASSURANCE CORPORATION LTD OF LONDON ENGLAND a corporation THE TRAVELERS INSURANCE COMPANY a corporation ASSOCIATED IDEMCITY COMPANY & corporation FIREMAN'S FUND INDEMNITY COMPANY a corporation AETNA CASUALTY & SURETY COMPANY a corporation INDUSTRIAL INDEMNITY COMPANY a corporation EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OP WISCONSIN a corporation GUARANTEE INSURANCE COMPANY a corporation ARGONAUT #SURANCE COMPANY a corporation AMERICAN MOTORISTS DISURANCE COMPANY a corporation ZURICH INSURANCE COMPANY , a cor- poration PACIFIC EMPLOYERS INSURANCE COMPANY a corporation STATE COMPENSATION INSURANCE FUND THE UNITED PACIFIC INSURANCE COMPANY a corporation STANDARD ACCIDENT INSURANCE COMPANY a corporation GENERAL ACCIDENT PIRE & LIFE INSURANCE CORPORATION & corporation NATIONAL AUTOMOBILE AND CASUALTY COMPANY a corporation LIBERTY MUTUAL INSURANCE COMPANY a corporation Defendants aetennewan o-= Hays McLaughlin and Evana applicant's attorneys by John P. McLaughlin McLaughlin Spray Gould and Bowers by David B. Allen attorneys for Quarantee Insurance Co. Herlihy and Herlihy by George Thompson attomeys for Industrial Indemnity Co. Pireman's Pund Insurance Company Argonaut Insurance Company and Employers Liability Assurance Corp. of London England Clopton and Penny by Robert M. Penny attorneys for Pacific Employers Insurance Co. Weingand Tipton Kendig and Stockwell by Claude Weingand attorneys for United PaciftePacifte Pacifte Insurance Company General Accident Insurance Corporation and Associated Indemnity Co. 144 Brobeck Phelger and Harrison by Rinaldi Sciaroni Jr. attorneys for Plant Rubber & Asbestos Works insured and Fibreboard Paper Products Corporation formerly known as The Parrifine Company Inc. also formerly known as Pabco Products Inc. insured Joseph Bilchak representing The Travelers Insurance Company Ray Cusick Insurance attorney Company for Standard Accident P. E. Carignan representing American Motorists Insurance Company McCaskey and Licker by Robert Licker attorneys for National Automobile and Casualty Co. George R. Haswell by George C. Shelton Jr. attorney for Liberty Mutual Insurance Co. Petersen Wills and Alestand by Ray Bennett Attorneys for Employers Mutual Liabil Insurance Co. of Wisconsin aera Arthur Hershenson attorney for State Compensation Insurance Pund eeeacse Guardian ad Litam and LA 182-835 GOOD CAUSE APPEARING THEREPOR -2- IT IS ORDERED that James C. Riley be and he la hereby appointed Trustee for Grace Riley to serve without band An Application for the statutory death benefit having been filed herein and and Award having filed their the defendants under prior Request for the joinder of Findings additional employers and insurance carriers together with Petition for apportionment and Contribution and the matters having been regularly heard and submitted for decision CEORGE A. MARTINELLI Refaree makes his Pindings Pindings and Award for the statutory death benafit and Order for Contribution as follows FINDINGS OF PACT while employed 1 as an James Whitcomb Riley born October 23 1899 insulator by various employers in the State of California commencing in the month of January 1920 and continuing through May 19 1957 sustained injury arising out of and occurring in the course of his employment as follows In the performance of hia occupational duties the employee was exposed during each and every day of his employment to deleterious dusts which caused a pneumoconiosis with superimposed tuberculosis rendering the employee totally disabled on May 19 1957 favor on upon the 2. Pindings and Award lasued in the employee's November 27 1959 imposing liability for said disability defandant employers and their insurance carmiers as set forth more specifically in Pindings and Award which 27 27 and 1959 and which is incorporated herein as part Award Said Pindings and Award are final issued Nogentar of ite Piadings . entitlingdisabilityi f - 3. Said injury caused temporary commencing May 20 1957 through January 23 1961 employee to 40.00 par week during said time earnings SE SRE 4. Said employee died January 24 1961. Said death was proximately the result of the industrial industrial injury harstu 5. Deceased left surviving him totally dependent Orace Riley Riley his widow who is entitled to the statutory death benefit in the sum of 10,000.00 payable at the rate of 40.00 per week beginning January 25 1961 together with the burial expense in the sum of 400.00 herein thatthat the 6. It is to the best interests of the applicant death benefit be commuted and paid in a lump sum 7. The total value of the claim herein is the sum of 25,720.07 comprised of the following items a Por temporary total disability indemnity $ 7,680.00 b ) Por medical treatment 4,592.76 c ) The commuted value of the death benefit 9,326.76 d ) Reimbursement for burial expense 400.00 e Reimbursement for procured medical treatment 233.00 7 7 ) Lien claim of Veterans Administration for medical treatment 3,487.55 3,487.55 3,487.55 3,487.5 3,487.55 8. Industrial Indemnity Company a corporation one of the defendanta held liable under the original Findings Award is liable liable for the payment of the entire Award herein and 9. Indemnity for all periods of temporary disability has been paid and all medical treatment furnished by Industrial Indemnity Company a corporation except as hereinafter noted 10 The following sum remains unpaid 13,447.31 representing the statutory death benefit reimbursement for self- procured medical treatment and reimbursement for medical f cee Bervices in the sum of 750.00 -4- 12. The Travelers Insurance la entitled to a lien against Company & corporation unpaid compensation in the 200.00 aum of in the sum of corporation 13. Veterans Administration 3.487.55 payable by Industrial is entitled to a lieu Indemnity Company a 14 The industrial injury and death herein were the result of exposure to deleterious dusts over a of time and continuous period proximately caused by employments other than that for which Industrial Indemnity Company a The corporation was the carriar liability of those known employers and insurance carriers based upon periods of exposure is as follows Plant Rubber and Asbestos Works Company $ Associated Indemnity Co. United Pacific Insurance Co. General Accident Pire & Life Insurance Co. National Automobile & Casualty Co. AGumaerrainctaene Motorists Insurance Co. Insurance Co. Liberty Mutual Insurance Co Standard Accident Insurance State Compensation Co. Insurance Pund Argonaut Insurance Co. The Travelers Insurance Co. Employers Liability Assurance Corporation Ltd. of London England 6,061.81 81.85 85412.2.6 05 84.47 84.47 1,473.37 651.77 441.09 441.09 219.31 1,085.58 733.59 1,324.91 1,324.91 Aetna Casualty& Surety Co. Piremania Pund Indemnity Co. Industrial Indemnity Co. Pacific Employers Insurance Co. 1,530.59 2.374.97 2,705.28 4,603.53 Total . . , , soot $ 25,720.07 15 There are employers and whose liability for diction is reserved contribution has not to further apportion been said request of any party in interest insurance carriers determined Juria- liability upon AWARD \ a . against AWARD IS MADE in favor of Grace Riley \, . Industrial Indemnity Company & . corporation payable to James C. ~ Riley Prustee the sum of 13,447.31 payable forthwith together with interest as provided by law less 750.00 payable to Hayay McLaughlin and Evans as attorneys fees less 200.00 payable ts The Travelers Insurance Company a corporation and less the sum of 3.487.55 payable directly to Veterans Administration ORDER FOR CONTRIBUTION IT IS ORDERED that the employers or carriers listed below pay to Industrial Indemnity Company a corporation the following amounts forthwith Plant Rubber and Asbestos Works Company ) $ Associated Indemnity Co. United Pacific Insurance Co. General Accident Fire & Life Insurance Co. National Automobile & Casualty Co. American Motorists Insurance Co. Guarantee Insurance Co. Liberty Mutual Insurance Co. Standard Accident Insurance Co. State Compensation Insurance Pund Argonaut Insurance Co. The Travelers Insurance Co. Employers Hiability Corporation Ltd. England Assurance of London Aetna Casualty & Surety Co. Fireman's Pund Indemnity Co. Pacific Employers Insurance Co. 6,061.81 81.851 81.851 ; 842.05 51.26 84.47 1,473.37 65165.1.7 6751.777 441.09 441.09 219.31 1,085.58 733.591 1,324.91 1,481.54 1.530.59 2.374.971 4,603.63 GAMINN AUGUST ANGELES CALIFORNIA SEAL -6- | MEORGE b MARTINI MARTINI INDUSTRIAL ACCIDENT COMMISSION PARTIES SERVED 8-3-61 nn Grace Riley 1596 West Juno Avenue Apartment 1 Anaheim Calif James C. Riley 1596 weat Juno Avenue Apartment 1 Anaheim Calif Veterans Administration 5701 Bellflower Blvd Long Beach Veterans Administration 5901 East 7th Street Long Beach Attn A. P. Willis Registrar Hays McLaughlin and Evans 6331 Hollywood Blvd Los Angele2s8 Spray Gould and Bowers 1671 Wilshire Blvd. L.A. Herlihy and Herlihy 412 W. 6th Street L.A. Clopton and Penny 639 S. Spring St. L. A. 14 Weingand Tipton Kendig and Stockwell 611 S.Catalina L.A. Brobeck Phelger and Harrison 111 Sutter St. San Francisco Joseph Bilchak The Travelers Insurance Co. 510 W. 6th St L.A. Ray Cusick Standard Accident Ina P. E. Carignan American Motorists Co. 548 S. Kingsley L.A. Ins Co. 3545 Wilshire L.A. McCaskey and Licker National Auto & Cas Co. 639 S. Spring L.A. George Haswell Liberty Mutual Ins Co. S. Hill St. L.A. Petersen Wills Hiestand Employers Mutual Liability Insurance Co. of Wisconsin 3540 Wilshire Blvd L.A. . Arthur Hershenson State Compensation Ins Pund Box Asacciated Indemnity Co. Box 2133 L.A. 54 Guarantee Insurance Co. 1671 Wilshire Blvd. L.A. 2134 L.A.54 Industrial Indemnity Co. Box 2252 L.A. 54 Fireman's Fund Insurance Co. 3440 Wilshire L.A. Argonaut Insurance Co. 1001 Wilshire Blvd L.A. Employers Liability Assur Corp. of London England 639 S. New Hampshire L.A. Pacific Employers Insurance Co. 1033 S. Hope St. L.A. United Pacific Insurance Co. 616 S. Shatto Place L.AO General Accident Pire and Life Ins Co. 3535 W. 6th L.A. Plant Rubber and Asbestos Co. / Plant Insulation Co. 2741.5 Yates Ave. Los Angeles Pibrecoard Paper Products Corp. 475 Brannon St. San Francisco 19 Phoenix Indemnity Co. 3750 W. 6th St. L.A. Aetna Casualty & Surety Co. 810 s Spring St. L.A. 14 Zurich Insurance Co. 1465 Wilshire L.A. McCartney Hall and Ryan 639 s spring St. L.A. Arnold Smith Sacramento Division of Labor Statistics San Francisco Manville Inc. P.O.Box 9067 Long Beach 109 Gilbertson Attn Bart REPONE THE INDUSTRIAL ACCIDENT COMMISSION OF TIL CASE NO 57 LA 182-835 JAMES WHITCOMB RILZY ) Applicant } ' ) MANVILLE INCORPORATED a corporation SOUTHERN ASBESTOS # ) MAGNESIA CORPORATION a corporation } ASBESTOS COMPANY OF CALIFORNIA PLANT RUBBER & ASBESTOS COMPANY LOS ANGELES RUBBER COMPANY MARINE } ENGINEERING COMPANY a corporation PIBERGLASS ENGINEERING & SUPPLY } COMPANY a corporation ROBERT 0 LYNCH an individual doing business } as Lynch Asbestos Company and Lynch Asbestos Company a corporation 1 PLANT DISULATION COMPANY a corporation COAST INSULATION PRODUCTS a corporation ) ARMSTRONG CORK COMPANY a corporation J. " THORPE INC a corporation ) WARREN AND BAILEY TOTTIAN COMPANY ; 1 CORNING FIZERGLASS COMPANY PACIFIC COAST DIVISION PLANT INSULATION > AND THORPE COMPANY 5 STATE FILEDI 28 CALIFORNI SERVED FOR i 1560 72 EE EEA - ER ERA INS INSA 2 IN CL.3_ _ COMMISSION DECISION EMPLOYERS LIABILITY ASSURANCE CORPORATION LTD of LONDON ENGLAND a corporation ) THE TRAVELERS INSURANCE COMPANY & corporation ASSOCIATED INDENNITY INDENNITY COMPANY a corporation FIREMAN'FSIREMAN'S FUND INDENCITY COMPANY a corporation AETNA ) CASUALTY & SURETY COMPANY a corporation INDUSTRIAL INDEMNITY COMPANY a corpora- corpora- corpora- ) tion EMPLOYERS MUTUAL LIABILITY INSUR- ANCE COMPANY OF WISCONSIN a corporation ) GUARANTEE INSURANCE COMPANY a corporation ARGONAUT INSURANCE COMPANY a corporation 1 NERICAN MO INSURANCE SITY os corporation MURICH TNSURANON COMPANY ) a corporation PACIDIC EN INSURANCE COMPANY a corporation } Defencants ee ee a ee -: ) were ee te, ee Pet SEO, ena Ly Led + a . . aaa 1 Petitions for Reconsideration were filed by Industrial Indemnity Company Pireman's Fund Indemnity Company Employers Mability Assurance Corporation Ltd. American Motorists Insurance Company and Quarantes Insurance Company contending that applicant's failure to make an election under Labor Code Cection 1500,5 and with the his failure to join all proper defendants together vagie- ness of his allegations and testimony do not justify the Joint and carriers Several Award cooperative that such an and award works undue hardship that the award should have and penalizes been apportioned on a percentage basis considering the amount of coverage and employ- ment over the whole On May 23 1957 applicant year asbestos worker filed his application alleging intury to his lungs caused by exposure to asbestos dust as a result of which he had to leave work May 19 1957. In an amended Application filed July 15 1957 ne alleged the date of injury was 1920 to May 19 1957 and listed twelve employers during that period Subsequently two more employers were joined one by applicant and one by defendant and on July 9 1958 a request was mace for the Social Security records These records indicated many more potentially liable employers however no more were joined in this proceeding On July 13 1959 a biopsy confirmed the diagnosis of asbestosis as well as carcinoma and other pathology related to the asbestosis On November all of the timely joined 27 1959 Pindings defendants who had and Award issued holding appeared in the matter jointly and severally liable Labor Code Section 5500.5 provides that the employee making a claim of occupational disease may elect to proceed against any one or more of the employers named in nia Application An elec tion to proceed is innerent in and manfected by the act of proceed ing Thus where only one of several employers is named in the Application the act of filing and proceedar against that employer is an election Similarly where the employee names a number of emplayers and prosecutes his claim against all of them as here it 1s opvious that he has chosen to proceed against all of them The reason for the rirst of election 40 to free the appli- of the necessity of joining and proving his case against 201 potentially liable defendants In proceed painst all the electes not to proceed not ansulu have been joined the instant case the appro appro employers he named adrien adrien all others whom the af^rpante Oa cmenia.emnEQ! e ah oe vete ~ ee om ce Ciel wer ae ne Inasmuch as applicant did make an election the form of the award was mandatory under the provisions of Labor Code Section 5500.5 . . . any award which the Commission shall issue awardsng compensation benefits shall be a joint and several award ." ferred Applicant's right to a joint and several award with deapportiorment was declared by the Supreme Court years before the enactment of Labor Code Section 5500.5 In Colonial Insurance Company v I.A.C. Fedroza II CCC227 5500.5 court salTA Wo require an employee disabled with such a disease to fix upon each of the carriers or employers the precise portion of attributable to its contribution the disability to the cause of the malady is not in consonance with the required liberal interpretation and application of the workmen's compensation lows The successive carriers or employers should properly have the burden of adjusting the share that each should bear and that should be done by them in an inde- pendent proceeding between themselves They are in a better position to produce evidence on the subject and establish the proper apportionment All of them may have contributed to the disability and the employee should be permitted to proceed against and have an award amainat any or all of them for the whole disability if the evidence dis closes that he was exposed to silica dust during his period of employment with each of the employers named Court The foregoing was cited and followed by the Third Third District in Clobe Indemnity Company v I.A.C. Trembath 19 000 132 136 and in 22 CCC latter State ofCallA subsequent Injuries Injuries Fund v I.A.C. Walters construed 100 107 which construed Labor Code Section 5500.5 In In the case the Supreme Court pointed out that was desirable from the employee's stancpoint that the initial proceedings be kept as simple as possible and that the employee should not be concerned with whether all of his employers or their insurance carriers have been sought out or of even necessary to determine participating as an active party in the ultimate apportionmental . . 1J proceedings but bearing in mind that in the original proceeding each employer names and against whom an award can be mace is Maintly and severally liable the provi- sion for supplemental supplemental proceedinra to determine apportionment is pri- marily for the benefit of the employers The holdings in the above Panel in the case of Jerking V. AG No. 65 RA 100- 176 wndal involved a 65 e eel ee ns e Injuries Pund The Panel stated the following Eriefly reviewing the proceedings in this case it should be noted that after lengthy procedures Findings and Award first issued on May 22 1956 Principally the award was for temporary disability which was on a continuing basis and for medical treatment The liability was separated : and apportioned among the various defendants including the Subsequent Injuries Fund Under this apportionment ten of the defendants were called upon to make payments of less than 1.00 per week Petitions for Reconsideration were filed by the Subsequent Injuries Fund and two of the insurance carriers The petitions were granted The Panel on its own motion granted reconsideration to the . other defendants The Panel at that time expressed the opinion that it was improper to make an award directly against the Subsequent Injuries Pund in favor of the employee We also observed that the award against the other defendants must be joint and several We discussed the Pedraza case and also the statute in question and pointed out that the purpose of a joint and several award was to obviate the payment to the applicant of numerous small siona amounts in many by numerous other cases defendants has been to Our deci > the same effect Not only is it impractical to expect an employee to seek payments of compensation in small amounts from various defendants but it is even more impractical to expect him to obtain medical treatment and then expect his doctors or hospital . to bill numerous defendants in small amounts On page 4 of said Decision the Panel continued 5400.5 We recognize provides that that subcivision b the Commission shall of Section direct that the Subsequent Injuries Pund contribution snall be paid either directly or by way of reim- bursing any saio award employer or employers . . . .' This may be who have taken as paid author- ity for maltine an award directly amainct the . Cubsequent Injuries Fund However throughout the ~ Ne section it is stated that the award at tile Be employers shall be joint and several Tiere RO : Basic for held the dubsequent Inlturdes Fur ' : oe as one of the defendants who is jointly and Severally liable We reconize that the sectid i ek ah te oe te ig at nt se che Me ee be ees ose uses the phrase apportionment of liability or taked - of contribution llowever we have taked right in this situation situation to the word apportionment the contribution rights mean apportiorment of than an apportionment of the defendants rather IA of their direct liability to the applicant of the section section it is stated the second paragsrhaalplh be joint and several against that the award In subdivision a it is again the employers stated that all employers shall be jointly and subdivision b the joint severally liable In of the award is again and several cIhtaraacptpeerars to us that it is mandaseveral rtoercyogtnhiaztedthe award be joint and several 1 . be little doubt as to the propriety of a Thus there can of an occupa- Joint and Several award in the initial proceedings Steel et al tional disease case In Chiechi v Alloy the defendant carriers 56 LA 172-941 an occupational disease case Joint and Several award and apparently questioned the efficacy of a issued issued certification of the they failed to pay it The Commission levied levied on one of the award judgment was entered and execution selected by applicant's aplicant's counsel Thereafter Jointly held carriers the award was paid of Labor Code Section Section 5500.5 5500.5 for election integral joint and Tsheeveprraloviaswiaornds and supplementalproceedings pcormpoencseateiprocoeddingsnintgos to get compensation are integral diseased parts of a purposed plan and delays that would the extended proceedings the intent of award applicants without otherwise ensue Without the joint and several several rendered futile the law would be frustrated and the other provisions complain that that they were held on Some of the petitioners testimony testimony contradicted by the basis of vague allegations and vague that a Joint and other evidence and records not in evidence and evidence penalizes penalizes cooperative carriers in the Several award based on such the withholding withholding of records and information and will lead to of all concerned appearing appearing before the future to the detriment as this Incustrial Accident Commission on cases such and testimony are concomitant with Vamieness of allegation petitioners cases for reasons recognised by petitioners occupational disease of a 20 to 30 yean employ It is primarily because the recollection to be vague that the w ment history of an ailing applicant is apt to to ceferred joint and several award and .etern=n provides for election tion of contribution rights Despite Despite this attempted protection suring suring which tional disease can frequently and take years uncared for Death not cant may be uncompensates & infrequently infrequently infrequently infrequently 5 5 wae me am teen ings pene te re toe te Ore interrupts the claim of a moribund applicant before final determina- tion of his righta can be made For the foregoing reasons IM IS ORDERED that are hereby denied the Petitions for Reconsideration be and the same DDUSTRIAL DDUSTRIAL ACCT T COMMISSION mastemasrter DATED AT LOS ANGELES CALIFORNIA FID4 1960 6 a > sw) CASE NO 57 LA 182-836 . seeghAgES WHITCOMB RAILRY ; -Y8 MANVILLE et al Referee Dictated GEORGE A. MARTINELLI December 28 1959 Injury Beginning January 1920 through May 19 1957 REPORT OF REFEREE ON ORDER DENYING PETITIONS FOR RECONSIDERATION Employers Liability Assurance Corporation Ltd. a corporation Pireman'a Pund Indemnity Company a corporation Industrial Indemnity Company a corporation Guarantee Insurance Company a corporation 16 and American Motorists Insurance Company a corporation are the insurance carriers of certain employers who along with other employ- ers whose insurance status is presently unknown were held jointly and severally liable for compensation benefits in Findings and Award which issued November 27 1959 Since these Petitions are identical in nature and raise the same point they will be considered together There is no Justify the question Pindings raised here and Award of the sufficiency of the The contention of all the evidence to Petitioners la as follows a the Referee erroneously made an election and as a result thereof.held thereof.held the Petitioners liable when in truth and in fact such an election was not made by the applicant b the proportionate 11 share of the disability based on exposure has not been determined and as a result thereof Petitioners have been unjustly penalized for di- vulging information concerning coverage and employment Petitioners pray that their Petition for Reconsideration be granted and that appropriate findings be made establishing the specific exposure in each employment and setting forth the proportionate liability of || each defendant The and applicant is admittedly suffering from an occupational disease is entitled to compensation benefits against those employers or Insurance carriers in whose employment the disability was incurred Formerly this Commission did on original findings and award appor- tion the liability among the various defendants and their carriers basing said apportionment on the period of exposure in each employment However since the enactment of Labor Code Section 5500.5 this pro- cecure naa been radically changed Section 5500.5 provides in effect that in cases of occupational - disease the applicant shall 1-1 name all of his employers in he additional re 2 party application if he fails do so any interested " before ere request the joinder of adattional partice before the the near near wos if the request is made at the first nearing such additional an anall be joined and the Commission mall grant only one continuance , 1 ead . \ - . rg kate aa ated alt a tet bet 2 al tn tas a A Oy i e tn ahah 1 Lk eek erT Ae tars cmor eo A for that purpose 4 hereafter although the Commission has power to join still more pies pies their liability however snall not be determined until supplemental proceedings In the Wulters case Subsequent Injuries Pund v Industrial Accident Commission pe NWC the court alscussing this very problem sald 22 cce Prom the standpoint of the employee it is desirable that the initial proceedings be kept as simple as possible and that the employee anculd not be concerned with whether all of his employers or their insurance carriers have been sought out or of even participating as an active party in proceedings necessary to determine the ultimate apportion- ment of liability as among the employers . ' Bearing in mind that in the original proceeding by the employee each employer named and against whom an award can be made is jointly and severally liable for the entire award it be- comes obvious that the provision permitting an employer who has been held liable to institute supplemental proceed- ings to compel apportionment as among all potentially liable employers at least primarily for the benefit of the employers It will be noted that in the Pindings and Award others besides the Petitioners were held liable The award was issued jointly and severally against all of the employers and insurance carriers then known and ascertained The Pincings and Award therefore are in keeping with the provisions of Labor Code Section 5500.5 and the court decision cited above The Petitioners herein have the remedy of apportionment as set forth in Labor Code Section 5500.5 A glance at the social security records will show that there considerable number of employers who may have a potential liability who to date have not been joined Obviously if the contention the defendants la correct that an apportionment must be made in original proceedings it would follow that litigation would out interminably It was just such a situation which Labor Section 5500.5 and the court decisions attempted to remedy RECOMMENDATION Deny Petitions for Reconsideration GEORGE GEORGE . MART^ NELLI MART^ if MART^ NELLI NELLI 2g. Referee MART^NELI ey CAM ME 57 uA 182-835 182-835182-835182-835 -2- -2- ef ae ae e re A nok i nok BEFORE THE OF THE INDUSTRIAL ACCIDENT STATE OF CALI FORN | COMMISSION i). - memy we ED, re JAMES WHITCOMB AILEY ere Applicant ae T 182-63 182-63 182-63 182-63 182-63 4 - 78 ee PETITION FOR PENALTY etee INDUSTRIAL INDEMNITY COMPANY at al Defendants 94 10 10 11 11 Le ~Nweg 2323 MUTAUGHLIN P + MUTAGHLIN Boule CALIFORN F-71O MY 47fn LY ANGELSO KANCILAV BE MUTAUGHLIN te .. & KANCILV Mokymus ANGELSOANGELSO HAYS Bagi 100 COMES NOW the applicant JAMES WHITCOMB FILI and | petitions for imposition of the ton per cent penalty against Industrial Indemnity Company pursuant to the 5814 of the Laber Code upon the grounds that provisions of Section said defendant unreasonably delayed and refused to payment of compensation | subsequent to the issuance of the Award without good cause In connection therewith applicant alleges that the Findings & Award issued on November 27 1959. That defendant Petition for Reconsideration was denied on February 4 1960. Shat it was not until March 24 1960 that defendant Industrial Indemnity Company made payment of compensation in compliance with the Findings & Award That on March 3 1960 applicant's attornaya advised Herlihy & Herliny attorneye for defendant Industrial Indemnity Company that applicant was still awaiting compliance with the Award and inasmuch as defendants apparently could not agree on joint compliance with the award applicant was siseting to hold their their cliant Industrial Indemnity Company for the total Ll} in said Section , 2 Respectfully submitted : 31 : HAYS & MOLAUGELI 4 oad . 5.3 Till F.May's ut Attorney for Appliemt . vy ; it 7 oct Spray Gould & Bowers : ; Attorneys at Law 7, 1671 Wilshire Boulevard Boulevard 8 Los Angeles 17 California 9 20 20 11 Clopton & Penny Attorneys at Law 639 South Spring Street Los Angeles 14 California , a a Pea rae . W ty W at | 2 aa Herlihy & Harliby Attorneys at Law 412 West 6th Street te gett See Soe . VINNOSITYD a : Los Angeles 14 California MELATIGHLIN VINNOSITYD MELATIGHLIN MELATIGHLIN 7 MELATIGHLIN ... | American Motore Insurance 3545 Wilshire Boulevard ,, , Los Angeles California 4 Company - ATTORNEYS 13; ATTORNEYS 3 The Travelers Insurance Company 510 West 5th Street . ATTORNEYS His 7 Los Angeles 14 Californ^> HAYS 10 5 201 2 2 2 2 2 2 i ",, j " i 8 29 : . 8 y 32 PPS PVT apm. ns GRACE RILEY by her guardian ad litem James C. Riley 57 LA 132-335 : 48 MANVILLE INC & corporation corporation corporation , et al REFEREE Hearing Dictated GEORGE A. MARTINELLI June 15 and 16 1961 June 16 1961 Date of injury Jan. 1920 thru Date of death Jan. 24 1961 - Hays McLaughlin and Evans Attorneys for applicant by John F. MeLaughlin 1 Spray Gould and Bowers by David B. Allen Attorneys for Guarantee Insurance Co. Herlihy and Herlihy by George Thompson Attorneys for Industrial Indemnity Co. - Fireman's Pund Insurance Company Argonaut 1 Insurance Company and Employers Liability Assurance Corp. of London England - Clopton and Penny by Robert M. Penny Attorneys for Pacific Employers Insurance Co. + Weingand Tipton Kendig and Stockwell by Claude Weingand attorneys for United Pacific I Insurance Company General Accident Insurance Corporation and Associated Indemnity Co. > Brobeck Phelger and Harrison by Rinaldi Attorneys for Flant Rubber & Asbestos Sciaroni insured and Pibreboard Paper ProWduocrtks Corporation formerly known as The Parrifine Company Inc. also formerly known as Pabco Products Inc. insured 1 Joseph Blchak representing The Travelers Insurance Company ~ Ray Cusick attomey for Standard Accident Insurance Company P. E. Carignan representing American Motorista Insurance Company 1 " McCaskey and Licker by Robert Licker for National Automobile and attorneys - George R. Haswell by George C. CaSshueallttoyn CoJ.r. Attorneys for Liberty Mutual Insurance Co. Petersen Wills and Hiestand by Ray Bernett Attorneys for Employers Mutual Liability Insurance Co. of Wisconsin 1- Arthur Heranenson Insurance Pund attorney for Stata Compensation REPORT OF REFEREE ON SUPPLEMENTAL HEARING their The parties stipulations above named in the above after extended conference matter as follows subalt The total value of the claim is the following items 25,720.07 consisting of 7,580.00 4.592.75 9.959.76 3.437.58 ..,,,, 1.0... ....., oo ., Temporary disability Medical treatment Statutory death benefits and reimbursement as follows 9.326.76 400.00 commuted value for burial axpense 233.00 for procured Representing the lien of the medic ~y meO dt i. c , \ s i featment =:- featment Veterans Administration which will be paid directly to the Veterans Administration There to be deducted from said death benefit the sun of 200.00 to reimburse reimburse The navelers Insurance 2 for its lien Company a corporation corporation 2.417.59ndustrialIndustrial 2) imity Zompany 4proportionate in is 2.417.59ndustrial Indemnity 2.417.59ndustrial Industrial Indemnity Company ompany, a corporation and Industrial Industrial Indemnity Company corporation corporation Award of under under prior has Pindings . the the paid paid. continue pay Industrial Industrial for Industrial Company Indemnity Company corporation corporation be be Industrial reimbursed Indemnity proportionate defendant corporation corporation insured carriers liability insured employers proportionate proportionate liability liability employment employment forthwith 91: in following Insurance State Compensation Compensation Insurance Fund vase . Plant and Asbestos Corporation see 1,007.91 1,007.91 Corporation eng TPE tee eee 4.464.10 mae Insurance Company batetseneee eee 4.464.10 ees eee, 4.464.10 The Insurance Company 1,309.41 sa Sar Travelers Insurance Insurance i Company Aetna Casualty Surety TUT 1,206.99 United Insurance CompaCnoy mpany he res 645.15 Guarantee Insurance TTT Company O ET OSC eee ete eeeneny Argonaut Insurance Insurance .. a re 216.54 Standard Accident Company Insurance Sie Le 1,456.14 American Motorists and Company Company 0! 1,456.14 SECRS National Automobile Casualty Assurance Company reese Employers Liability England Corporation of London Insurance ., OR ee Insurance Pireman's Accident General Company Fire & Life Corp. eaieens Insurance Corp. Indemnity eonveny , Company lateeteeneee 7,004.91 92 1 1,309.41 1,309.41 832.20 645.15 83.49 83.49 83.49 2.320.37 50.02 50.0227 80.89 ... 80.89 The liability of the been determined Its employer Jamar Employers Oldeh been insurance Insurance determined of Wisconsin Insurance Company refused to Wisconsin carriecrarrier Employers a corporation stipulated Mutual Liability Liability represented represented the hearing will be set partaite in the apportionment apportionment stipulated The liability for further hearing hearing in order determine to determine Sciaroni NOTE by by confirmation and confirmation then The foregoing stipulation insured representing the insured employers employers -- -- Findings and Award Award insured accordance therewith matter will be will hearing hearing accordance will reset reset for hearing therewith . 1899 TT IT AIMITTE 1899 that James result No January January 1961 been paid for his industrial industrial arrangementa attomeys fees have been paid for this hearing hearing arrangementa arrangementa made snis hearin <,no ISSUES srrengenenta an i. Dependency 2. Liability Apportionment Apportionment 3. Apportionment Apportionment contribution contribution eX penaa, contribution, JAMES JAMES California called Pamona California called applicant applicant testified testified as follows sy apiicant, testified substanti substanti order Superior Superior Court he was appointed appointed Superior Superior Court The parties guardian marriage certificate certificate which which hia hla displayed the the father father and mother mother Was displayed November 24 witness 1924 , are knowledge was neither nor dorm born were previously previously his knowledge knowledge father and mother Ais his California An California all Sf all previously manned the date their marriage and from date and me ther resided marriage simes, and Prom the date of resided sheir aarriage -- divoreE until the date 43 husband and of the the decedant's decedant's tn they together together until the date the decedant's decedant's th resided resided together divoreE husband and was separation filed one wife There There are three children children marriage , against witness witness Larry age Low age 34 34, The deceased all living deceased contributed the to support support death The , and one except his wife 34 by his mother mother within prior including including cemetary was paid his mother amounted amounted 1100 undertaker's DISPOSITION confirmation the time Upon confirmation confirmation the time Upon Findings Award mmaatttteer r wilwl ill stand submitted which which accordance the stipula- stipula- of parties parties be tne The matter will be resct reset for hearing order order determine determine liability liability Olneh hearing Olneh Employers Employers Mutual Liability Insurance Insurance Company Company Wisconsin corporation corporation the Wisconsin Wisconsin half hahlaflf will be allowed allowed . GAM: th Age GEORGE MARTINELLI MARTINELLI Referne CASE NO, LA 182-835 GRACE RILEY, by her GRACE RILEY her end ve Quardian Litem Litem and MANVILLE et al Yee RReerfeeraree;e GECRGE 4, MARTINELLI GECROE A. MARTINELLI Injury January 1957 19 1957 1957 Death January 1961 1961 REPORT OF REFEREE ON ORDER REPORT FINDINGS AND APPOINTING APPOINTING FOR AWARD AND ORDER FORCONTRIBUTION Report Reference is made to the Reference Reference made 15 and 16 of Referee on 1961 Supplemental The original The original stipulations Plant concerning apportionment of amended individual Rulbiabbeirliatnyd Aofsbetshetos participating emploryecalceulatiron s Notice Notice Intention to issue participating employers Notice Contribution in Pindings stipulations stipulations as amended for July 18 accordance 1961. with having received thereto , are No objection objection Appointing Trustee received Pindings Pindings submitting Order Award and Order Contribution Trustee herewith for Contribution herewitn, GAM GAM O Referee Referee O ke ee ee owt TOT PR Joseph LOU LAMOREAUT LAMOREAUT Joseph J. DiGiuseppe George C. Shelton Jr. L. 7. Hasberle III O HASWELL GEORGE R. HASWELL JUL 19 N 9 28 714 SOUTH HILL STREET Los Ames128 Ames128 CALIFORNIA July 18 1961 LHO FILED FILED . FYNIBIT FYNIBIT FYNIBIT .herERF herERFE FYNIBIT . herERFE Mdamgpe 1.370 Industrial Accident mission 4107 State Building Los Angeles 12 California Attention Referee George A. Martinelli Re Jamaa Whitcomb Riley v Claim No. 57 LA 182-835 Manville Inc. : Dear Sir 441.09 Please be advised that the Liberty Mutual Company raises the amount payable by than Compromise and Release to Insurance on the L SScocreore Score tt L els L L. SHELTON JR jp QCS GC Herlihy and Herlihy Haya MoLaughlin and Esqu Evana Esqa ' eramuein3 47 deri Tey, : ay. he ae 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CASE NO LA 182-835 a 2 GRACE RIFY by her Guardian ad Litem Jamas C. Riley -# 5 78 Applicant NOTICE OF INTENTION JcOHNSoMrpAoNraVtIioLnLEet INC al & Defendanta Rone mewe eran mwa enearaees wesecana The defendants have by stipulation apportioned the liabili sy and percentage and amount of contribution payable by each to the applicant with request that Findings and Award issue in accordance therwith therewith therewith inta Plant subsequent Rubber and thereto Asbestos on July 11 1961 two of the defend- Yorka and Plant Rubber and laboston Company filed their amendments to the ing the proportionate liability of each original stipulations defendant modify- 1 THE PARTIES ARE HEREBY NOTIFIED that it is the intention of this Commission to issue its Findings and Award and to rata be liability and fix the contributive beld liable in accordance with the wil share of each of the defendanta stipulations as amended Said Orda will issus unless good cause is shown in writing within the text ten days after service | DATED AT LOS ANGELES CALIFORNIA this 18th day of July 1961 GAM NN SERVED : 7-18-61 nn Aopeeh,. S , Refurbe Refurbe - INDUSTRIAL ACCOLDE Hays McLaughlin & Evans 6331 Hollywood Blvd L Spray Gould and Bowers 1671 Wilshire A Herlihy and Herliny 412 W. 6th St L'A 14 Clopton and Penny 639 S. Spring St A 14 . ao Weingand Tipton Kendig and Stockwell 611 S. camina LA Brobeck Phelger and Harrison 111 Sutter St Sant : Joseph Bilenak The Travelers Ina ~ o ^510 W. SS Ray Cusicx Standard Accident Ins Co. 548 S. Xings P. 2. Carignan American Motorista Ins Co. 3545 Wilshire ; McCaskey and Licker National Auto Ins Co. 639 S. Spring 14 George Haswell Liberty Mutual Ins Co. 714 3. Hill LA Petersen Wills and Hisstand Employers Mut Lia 3540 Wilshire L Arthur Hershenson State Comp Ins Pund Box 2134 LA 54 SERIE Ee? ae tere SWFILEY SWFILEY SWFILEY SWFILEY SWFILEY SWFILEY wd J = ae +o ee ee ~ arte CaakietCaakiet . ee ee nae wee ee le po > Employes__ Employes_ ' BIA PUNTPUNT BBIIAA ' WORK'S WORK'S WORK'S 1. vee ten | I~ ee ne ere wet eee . vot 3.31o> 3.31 7 17.00-33 9.20.4 9.20.4 pot 9.20.4 9.20.4 I 14-31-24 14-31-24 14-31-24 . et sae leg" " fo. | dssees oa | 4 MENT Appiation Appiation PIR bi yn! dead eepee: i fp me bape met Un ere tweet vo bmi ; pew! 4.201 1721 cote a ce ae a - ce b~e~. we 4.201 "i re ! | yd. fc oT eee 14357 a SO ee ne 17.21 17.21 y fa 2} soreT OS, 1721 14357 ios | ie . 14357 en ee ere El : eee Je M3) ! ded 1 be rT 6-20 , oe : pa. 6-20 we /7ESL : aS OT LS J Ct . _ a , a a ee) -> , ' | Pople, Bats J F eos . 1 ms ACCEPT ACCEPT 707240 - 4- gece 2OPO br aa, ee, Jf. 707240 i.e | =ee me 7st oe aeeideai tee : _ _ erpe ey 4 ee cyst - j 746952 Tega Py pons vent H 1 i b te _ END ENDNOT NOT END ' tte CSa e ne - a Oe Co erene ee eeeee mee oh eee et Bamps 6-36.65 oe, >= tee | Sr 15--15-1181 815-1-181 {TT fy ! : eo ee volte : El ive | caw SM 13S . 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Martinelli Martinelli Esq Referee Industrial Accident Commission 2107 Los Angeles State Office Building 107 South Broadway Los Angeles California Re James Whitcomb Riley vs. Manville Inc. et al IAC Case No. 57 LA 183-835 Dear Mr. Martinelli In the above entitled matter we have recalculated the apportionment of the proposed award which was incorpo- rated in the stipulations to which we were a tentative party on Friday June 16 1961. The insurers of certain of Mr. Riley's past employers were not included in the previous apportionment and since the payroll allocated to Plant Rubber & Asbestos Works was too high we are obliged to withdraw from the stipulation of June 16 1961. We would however be willing to enter into a stipulation which requires Plant Rubber & jabestos works to make a contribution of 6,061.31 providing the total payment by all parties including our client aggregates 25,720.07 We enclose herewith a copy of our letter of this date to Mr. George D. Thompson of Herlihy & Herlihy together with a copy of the tabulation enclosed therewith ' whe BROBE PLEBEN & HAR^ IB^ N ART. Ja George A. Martinelli Esq 2. We are mailing a copy of this letter to Mr. Thompson and to all of the parties who are being mailed copies of our letter to nim of this date and whose names are indicated at the conclusion of the mompson letter Very truly yours BROBECK Rinald PHLEGER & HARRISON Rinald Samia Samia Rihaldo Sciaroni J 1ta enc Qery [se July 7 1961 a George D. Thompson Esq Measra Ferlihy & Herlihy Suite 516 Park Cantral Bldg 412 West Sixth Street Los Angeles 14 California Dear Mr. Thompson Re James Whitcomb Alley va, Manville Inc. et al AC Case No. 57 LA 183-835 In the above entitled matter we have recalculated the apportionment of the proposed award based upon the inclusion in the payroll of the earnings shown by the social security records for Western Fiberglass Supply Ltd. Warren & Bailey Co. Mundet Corx Corporation and J. T. Thorpe & Son Inc. Emeryville California also known as Plant Asbestos Company and a reduction in the social security earnings for Plant Rubber & Asbestos Warca to 3,000 You will recall that this alleged period of employment by 1929 and 1934 Plant Rubber and in 1938. and Asbestos Works was between This reduction was aade because the applicant testified that he worked only about half of the time and information from former employees indicates indicates that was the wage rate was about 75 cents per hour and of course extensive unemployment unemployment during these : pression years contacted by us In addition none of have any recollection these angloyees of Mr. Riley Swe oe Se . Sr e er Re a ene reco George D. Thompson Esq "2. believe that the allocation of 3,000 to our client for this period is most generous With respect to the additional periods of employment added to the calculation the California Inspection and Rating Bureau has advised that Western Fiberglass Supply Ltd. was insured by Industrial Indemnity Company or Industrial Indemnity Exchange and that Warren & Bailey Co. was insured by State Compensation Insurance Fund At the discussions held on June 16 1961 at Los Angeles it was conceded that the references in the social security records and the application of November 18 1360 to Neindt Cork Company Meindt Cork Corporation and Maindt Cork Corporation were misspellings of the correct name of Mundet Cork Corporation which presently has offices at 6116 Walker Avenue Maywood California and 440 Brannan Street San Francisco California This company during the period from 1949 to 1952 according to the California Inspection & Rating Bureau was covered for compensation purposes by Aetna Casualty Company For the period December 31 1949 to December 30 1950 the policy number was 210047-8-3-50 and for the succeding calendar year the policy number was Tnecatioaat 219767-10-81300 December 31 1951 For the third calendar year commencing . we are advised the policy number vas Ree 7 eater are oar nere ome 1 George D. Thompson Esq Be 21655-67- . We understand that the entity named as J. 7. Thorpe & Son Inc. at Emeryville California was perhaps then but in all events is now known as Plant Asbestos Company its present address is 1300-64th Street Emeryville California that company advises us that its carrier during the year 1950 was Pacific Employers Insurance Company We enclose herewith a tabulation showing a calculation of the appropriate factor for determining the lia- bility allocation and siz sheets setting forth the June 16 1901 calculation and a revised calculation based on the in- clusions and reductions referred to above You will note from these calculations based upon inclusion in the gross payroll of the additional wages mentioned above and the reduction by 3,000 of the payroll charged to Plant Rubber & Asbestos Works that the contribution of the latter defendant to the proposed award would amount to 6,061.81 in lieu of the 7,004.91 figure suggested on June 16 1962 We believe this proposed reapportionment is just and equitable and therefore Plant Rubber & Asbestos Works will join in in a stipulation assessing it with 6,061.81 of the total liability liability liability liability liability % 8 George D. Thompson EaQ ay We are Bailing a copy of this letter and of the attached calculation to the Referee George A. Martinelli and to Mesara Kaya McLaughlin & Evans 6331 Hollywood Boulevard Los Angeles 28 California Our recorda do nut perhaps accurately reflect the proper representatives of all of the defendanta and we therefore have taken the liberty of enclosing twelve additional copies of the calculation and would appreciate it if you would be so good as to circulate them among the proper defense representatives We are therefore advising Mr. Martinelli by our letter of this date that we are withdrawing from the stipulation requiring payment of 7,004.91 by Plant Rubber & Asbestos Works but will be pleased to enter into a stipulation requiring Plant Rubber & Asbestos Works to maica a contribution of 1.51 to the gross amount payable We trust that with this information in hand you will be in a position to effect the closing of this case Very truly yours BROBECK PHLEGER & HARRISON ita onc By Rinaldo Sciaroni Jr. i ne el ermroy rr SMT ~ Ty ne 3-13 cal 3-13 3-13 3-13 3-13 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS INDUSTRIAL ACCIDENT COMMISSION APPLICATION Death Case 4141 AFR EXHIEN CASE a - " - " GRACE RILEY - " CASE NO ER 608 1596 West Juno Ave. Apt $ PPUAT AGRONO Anaheim California hm JOHNS MANVILLE PRODUCTS et al JEPLOTE Social Serunry No 2960 Leonis . rr aa Vernon Calif INDUSTRIAL INDEMIITY COMPANY et al , ( b poutance CATAL Box 2252 54 Angeles BERE'S Angeles California California RILEY Applicant silege that JAMS JAMS WHITCOMB baw? 4 << / A- - ---- _insulator _ bemhettion FE ANT onl1920 to5/19/572 TEET TEET TEET Manville es sustained Oct.11889999 xv in while cumpered while cumpered as Califormis by 7m MGC , eeverte exposure to dusicaer TT NH"<TT^ i1541 injury arising out of and in the coarm of employment as fedeam _aruicing in deach an Industrial Iadenity 1. et EOE 4 UNINGS UNINGS COMPET ) Employme's earnings at time injury Maximam Was . ano oar of was the unplayer BRITAGE CUTTER en ua injury wenn F F G The basiosf pay wri compensation paid 8 co ' ' Yes 159 Who furmuned treatment defendants survivingnum survivingnum 1. Has bural expense been paar *. The employer lest To To To To wertees vam ragatta roc zaraat ANN STATE WEG PLA we Bae i 10 a the following dependents Who paid it NAME _ GRACE RILEY AGE RELATIONSEHMPLOYIE P Widow ADDRESS 1596 Juma Ave. Apt ) IMPORTANT benefits Accident AppoinsAppoins Commun produce expense If anvipplicant is under 21 orms for this purpose maybe obtained at the accyeesarass of age age it will be necessary to file Petition for the industrial Reason for for dung dung thu splication splication : Death burial medical treatment penalty produce WHEREFORE in remessed 10 pre umane ide Forkme's that time and place be hard for Compensation Compensation Laws of California bearing and all issues and ibai en merd be made of-Ge produce medical an S aa lanng requested requested os Angeles of LIFT umber wi . ata Los Angeles Date AngelesAngeles . Ciforms Gace Gace Gace Reley Reley i - ee th Tumatad lame of on rved ER INS EEA ERA INSA days HAYS tral HMolClLyAwUooGdHLIBNlvd. EVANS FCR OFFICE USE ONLY al 626231 31 Hollywood | HO Ss 7 == 1 LUISS trE emTe Hol ywo d , L.A. 2-7119 28 Calif ; ATTERET TELtA heOTEQ LAOU QUE E DE i - 34 | BERCRE THE INDUSTRIAL ACCIDENT COMMISSION : OF THE STATE OF CALIFORNIA CASE NO 57 L.A 182-835 JAMES WHITCOND RILEY Applicant vs NCORPORATED MANVILLE NCORPORATED a corporation SOUTHERN ASEZSTOS & MAGNESIA CORPORATION a corporation ASBESTOS COMPANY OF CALIFORNIA PLANT RUBBER & ASBESTOS COMPANY LOS ANGELES RUBBER COMPANY MARINE ENGINEERING COMPANY a corporation PIBERGLASS ENGINEERING & SUPPLY business COMPANY a corporation ROBERT LYNCH an individual doing as Lynch Asbestos Company and Lynch Asbestos Company a corporation PLANT INSULATION COMPANY a corporation CAST INSULATION PRODUCTS a corporation ARMSTRONG CORK COMPANY a corporation J. 7. THORPE INC a corporation WARREN AND BAILEY TOTMAN COMPANY CORNING FIBERGLASS COMPANY PACIFIC COAST DIVISION PLAN'T INSULATION AND THORPE COMPANY ) PINDINGS AND AWARD ORDER DENYING LIPN ) CLAIMS AND ORDER DISMISSING PARTY ) DEFENDANT FILED > SERVED NOV 77 ceseae } SERVED EEA ER 13 ERA ) INS INSA IN . CL3_ SUIF_ } ) ) ) ) ) EMPLOYERS LIABILITY ASSURANCE CORPORATION LTD of LONDON ENGLAND a corporation ) THE TRAVELERS INSURANCEINSURANCE COMPANY a corporation COMPANY corporation ASSOCIATED INDEMNITY ) a PIREMAN'S FUND INDEMNITY COMPANY COMPANY a corporation KEWNA ) CASUALTY & SURETY COMPANY a corporation INDUSTRIAL INDEMNITY COMPANY a corpora- ) LIABILITY LIABILITY corporation EMPLOYERS MUTIAL ANCE COMPANY CF WISCONSIN a -GUARANTEE ENSURANCE COMPANY COMPANY COMPANY INSUR-INSUR- corporation ) a corporation ARGONAUT INSURANCE COMPANY a corporation ) AMERICAN MOTORISTS INSURANCE COMPANY a corporation ZURICH INSURANCE COMPANY ) a corporation PACIPIO EMPLOYERS INSURANCE COMPANY a corporation ) Defendanta } Sede ete Pot ee rr) Hays and McLaughlin by John P. MeLaughlin applicant's attorneys Herlihy Herlihy & by Kennis T. Jones attorneys for Argonaut Insurance Co. Phoenix Indemnity Co. Fireman's Pund Indemnity Co. Industrial Indemnity Co. and Employers Liability Assur- ance Corp. Ltd. of London England Clopton and Penny by R. Wrissner Pacific Employers Insurance Co. attorneys for eat CE TipTitptoonnW&eiWnegiangnadnd C. Weingand Weingandattorneys Weingand Weingand , attorneys for Associated and Gould and Bowers M. Bowers by Bralley Jr. IHntstuorrannecyes o Emplofyers Employers W13.umaiLinabiGluariantteye LGuiaarbainltietey T., Insurance f. Carignan Carignan representative representative American American representative : Josenn Bilchak representative Bilchak representative The Travelera Travelera enewoenn Defendant An Application having parties having appeared and the been been filed herein all all parties having matter been regularly submitted ~~, parties appeared A. MARTINELLI Referee makes Findings submitted submited ted . Findings for decision Denying Lien Claim and Order 8@ Award Dismissing Party mo FINDINGS OF PACT 1999 1. James Whitcomb Riley born October while employed employed as an State of insulator by various California employers in the continuing of commencing commencing the month of January 1926 through through May 1957 auctained injury occurring 2n in arising out of performance course course of his performance his occupational employment as follows In the during and duties the applicant applicant every every day of WAS dusts accumulative accumulative accumulative employment employment deleterious Cus pneumoconiosia tuberculosia tuberculosia effects effects of resulted resulted in rendered pneumoconiosia 19 1957 O8la rendered applicant aplicant walch totally disabled on employers employers and cartiers exposure cartiers exposure 2. 2. for employers are follows ramea of the periods said during she Periods of saig employment eapleyment and , a (a) ) Warren Warren and SoutherSonuthern Asbestos Magnesia Corporation Los Angeles Angeles Rubber Rubber Asbestos Marine Engineering Company Insula- Company Robert tion tion Company Robert an indi- vidual vidual 182-835 business Lynch Asbestos Company Company Lynch Lynch Asbestos 182-835 as Lynch Asbestos yao 57-1 Company end eyTICH ASdaatog -25 Company Plant Insulation and Thorpe Co Armstrong Cork Comp187 Coast Insulation Products Totman Company and J. T. Thorpe Inc Company ' Theinsurance carrier for Marine Engineering a corporation and Plant Insulation Company a corporation during a part of the period of applicant's employment was Pacifie Employers Insurance Company a corporation The insurance carrier for Robert O. Lynch ag individual doing business tos Company a corporation as Lynch during a Asbestos Company and Lynch Aspes- part of the period of applicant'a employment was Industrial Indemnity Company a The insurance carrier for corporation Cosst Insulation Producta a corporation during a part of the period of applicant's employment was Quarantee Insurance Company a corporation The insurance carrier for J. T. Thorpe Inc. corporation during the entire period of applicant's employment was American Motorista Insurance Company a corporation The insurance carrier for Plant Insulation Company & corporation during a part of the period of applicant's employment was Fireman's Fund Indemnity Company a corporation During said times all the employers and the employee were subject to the provisions of the Labor Code of the State of California wie wt ne 3. Said injury caused temporary tofal dis ability entitling the applicant to 40.00 per week beginaiing 2957 through November 16 1959 and thereafter during the of disability or until the further Order of this Commissi upon zaximum earnings 4. Defendants are entitled to credit for all suma heretofore paid as disability indemnity 5. Applicant is entitled to be reimbursed for the reasonable value of medical treatment procured by him to cure or relieve from the effects of said injury to be adjusted by the La 182-835 -3- parties among Shamselvegs, tr adjustment not possible parties among themselves possible Com- deme If If upon filing filing service service of mission determine determine the tems of reimbursement the itemized bills Among the te following following pay Veterans Veterans Administration Administration The defendants defendants are Re8 directed Dr. Dr. Pierre Pierre Lawter pital sum Lawter rum of of 2,685.60 rendered as 105.00 105.00 for anesthesiologist anesthesiologist which author- author- services and to Dr. John Shirey Shirey sum of 333.00 333.00 6. In view of C. Pierre Finding the lien claims claims Dr. Dr, pe lawter and Veterans Pierre Administration Hospital should be 7 Pursuant to Labor Code Section 4600 appli- cant 18 entitled to the reasonable actual and pense incurred for necessary medical rays laboratory fees and Pequired to medical reporta successfully prove his claim Payable herein in the sum of 150.00 directly to Dr. John K. Shirey 8. Pounders Insurance A lien Company is entitied to against unpaid period compensation in the sum of 1,040.00 for weekly beginning May 27 1957 for a period of 26 rate rate 40.00 under the weeks at the . provisions of Lubor Code Section entitled a a lien under under in the sum provisions 9. Founders Insurance Company ta not applicant so 120.00 for hospital provisions of Labor Code benefits Paid tne applicant medical and cure cure relieve to to furnished 10 Applicant Applicant entitied reasonably be surgical treatment a6 may injury This tre relieve from effects of Said . Thie t furnished by defendants herein, Commissionic.) Said angury wild extent thereof thereof oo oo ability Parther = hearing hearing eatablisn tne any party interest interest held held by the Commission the has become permanent permanent arm stationary Upon upon proof that disability agg nerein not barred the 22. Statute Statute Limitations The claia herein ds not barred by the ST ~LA LA edn 13 Defandanta have not not been alleged failure prejudiced of the applicant to report report said injury within time required by the provisions of the Labor Code by any tha lien against unpaid services in the sum 14. Applicant's attorneys are compensation for the reasonable 750.00 entitled value of to their 15. Pursuant to stipulation of the Phoenix Indemnity Company a corporation ia entitled to and discharged herefrom parties be dismissed AWARD AWARD IS MADE in favor of James against Whitcomb Riley Manville Incorporated a Southern corporation Warren and Bailey Asbestos & Magnesia Corporation a and Asbestos Company Company Los Angeles Rubber corporation Plant Rubber Company a corporation Marine Company Plant Insulation Engineering Engineering Company a Robert 0. Lynch an individual doing business corporation as Lynch Asbestos Company and Lynch Asbestos and Thorpe Company Company a corporation Plant Insulation Armstrong Cork Company a corporation Comat Insulation ProductsProducts a corporation Totman Company Pacific Employers Insurance Company a corporation corporation Industrial Indemnity Company a Indemnity Indemnity corporation Quarantee Insurance Insurance a corn^'ration < Company a corn^'ration 9 corn^'ration American Motorists Motorists Insurance ? Company a corporation and Pireman Pand Indemnity Company a several y corporation jointly and severally severaly of the sum of 40.00 40.00 per week beginning May 20 1957 wo through November : 1959 and thereafter during the continuance of disability or until further Order of this Commission together with interest eee by law less all sums as provided heretofore paid less the able to sum of 1,040,00 pag- Pounders Insurance Company as outlined in Pinding # and less the sum of 750.00 payable to Haya and McLaughlin as attorneys faes together with reimbursement for the reasonable value of his procured medical treatment among the items of LA 282-835 reimbursement -5- -5- . pes _ . of . eu rT ar ae the defendants shall pay directly to Veterans Administration Administration Hospital 2,685.60 the sum of 2,685.60 To Dr. C. Pierre De Lawter the sum of 108.00 and to Dr. John K. Shirey the sum of 331.00 as outlined in 5 together with Finding reimbursement under Labor Code Section 4600 in the sum of 150.00 payable directly directly to Dr. John K. Shirey together with such further medical and surgical treatment as may reasonably te required to cure or relieve from the effects of said injury as out- lined in Pinding 10 IT IS ORDERED that the lien claim of Veten Administration Administration Hospital and the lien claim of Dr. C. Pierre DeLawter be and they are hereby DENIED by IT IS FURTHER ORDERED that Phoenix Indes by Company a corporation be and it is hereby DISMISSED DEFENDANTS ARE FURTHER ORDERED to report to this Commission on Porm C 6 within ten days after the cessation of comp sation payments under the above continuing award Copies of said form and copies of all reports incidental thereto are to be on all adverse parties before served filing with this Commission GAMINN LA 182-835 DATED AT NOVEMBER LOS 27 ANGELES 1959 CALIFORNIA SEAL ?> GEORGE AS MARTINELL~ MARTINELL~ Referee INDUSTRIAL ACCIDENT COMMISSION 182.835 182.835 182.835 182.835 HARCE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CAL LA CASE NO 57 153-835 ; JAMES WHITCOMB RILEY , Applicant MANVILLE INC @ Corporation at al Defendanta e APPLICATION FOR HEARING AND PETITION FOR REAPPORTIONMENT AND DETERMINATION OF ADDITIONAL ADDITIONAL AND MULTIPLE LIABILITY ANDADITONAL en RESPONSIBILITY UNDER LABOR COME SECTION 5500.5 . COMPANY alleges COMES NOW and by this your Petitioner THE INDUSTRIAL INDEMNITI INDEMNITI * its Petition respectfully states shows and petitions as follows STATEMENT OF FACT AND ALLEGATIONS James Whitcomb Riley born October 23 1899 rustained an industrial injury injury occupational disease of asbestosis with om- plications during the approximate period of January 1920 through May 1957 while employed in California at maximum earnings as an Insulator by multiple employers under multiple insurance coverages That applicant became temporarily totally disabled on oN May 20 1957 which temporary total disability continues to ty^'. present time with no bessation data available or foreseeable That applicant sustained and incurred substantial medi- cal treatment to sure and relieve from the effects of bis industrial industrial | injury which need continues with no cessation date available'er fare- ae \ available'er wteacley SS o ae 0 Ye ' X Nae az aiwtyae, ir ; That applicant may ultimately the extent of which which is presently sustain some permanent dia- incapable of exact evalua- Ian That an application for hearing for compensation benefits was filed on or about August 2 1957 which was followed by substantial litigation resulting in a Findings and Award of November 27 1959 a copy of which is attached hereto and made a part of this record as Exhibi A That Petitions for Reconsideration were filed by multiple The Hospital of the Good Samaritan SURGICAL PATHOLOGY REPORT Surn Path No. 2578-59 2578-59 02 Mam^al Pohort BILIN Rumm No 411 . ML JAMES WHITCOMB --- , Ce 0 Adm No ee .7-13-.75-139-59 Attend der ana oe - - - owe etme e n thinkoninte thinkoninte f the aleta ce tehranches tehranches but some The and peribioneiifa lymph suais alw somewhat enlarged extensive iaveives calcification apezent inch gruarly pigmentation acdes caseation or " calcification calcification a^ a not evident gruarly without thrombox18 rubbery in consistency pigmentation Foci of within these lyoph : lower in firm overall Received with cha right lower in are Dan Dan Lymph nudes the larger measuring x 22 r,t diin diin Each node is rubbery to in consistency and extensively extensively invived invived by anthractic oimotation oimotation Foci of casection of calcification in of tumor tissue ari Not evident grossly Received separately and Labeled prsterior hiatal nerve Ore apparent being lymph nodes or fragments thereof the grossly to that previously examined examined lymphatic tissue similar The last specimen labeind labeind biopsy of right upper lobmeeasuring is received formalin in formalin and consists of a shepleural weige biopsy measuring 2.5 x x 1,8 in overall dimension and possessing thicked fibrous visceral pleura posesing osfubcpalcificlation ecaulcrifiacaltion cealcmifipcatihonyosuet mwaizahlotuteragtriovseslyirrreecgouglnairzahbalneds coafseafitbiroonsis with foot Summary of sections Summary Apparent solitary grossly grossly visible tumor basal segme right lower lobe += multiple multiple blocks designated A. designated Adjacent pulmonary pareparenchnyma chyma and arcas elsewhere < blocks right lower lond - multiple multiple blocked labeled B. lymph Regional peribunenial bods - blocked serially all scudo Labeled Labeled C. labeled labeled Separately received Q. large lymph nodes v blocked all Separately andved lymph nodes sectioned labeled E. Labeled hiatal 3iopsy of an upper lube -- multiple blocks c nerve -- designeto ewe ota removed NOTE : Approximiely half of the initially spainen spainen rupesenting rupesenting habul segmental resection of ' rigt love is saved under sterile conditions within vitri pensilang sa at the refrigerator bacteriological tr Ar possible Sixt pathologic pathologic findings 1515 lobe la also saved and the bacteriolgical studie remindat within the refrigerator ar possible bacteriilogical studies and r1 chemical or sposcopic analyses : . ~ . aS eae cr re we) hk d Ne NORE ne ne POT ook 4 Ta bes 0 oe ~~ cin anal aN aE @e ~ ry antD Par No The Hospital of the Good Samaritan SURGICAL SURGICAL PATHOLOGY REPORT 8,3578-59 8,3578-59 3 en, RILEY James Room Ne fom ee kuter jinn auch : twee Additional by kroamly section surmary surmary visible visible . of sections Lower lobe of cuMOT - ten additional blocksrigthaktenlunfgor npoatraifnfvionlved The reminder of kept within the the lower lobe of right lung including tumor are dried refrigerator at 5 degrees be state for ray diffraction or centigrade partially arranged through or by Dr. Reginald sSpezc^trrotscopic studies such to Microscopic Microscopic Description Upon microscopic stained examination of the various various tissue sections from the hematoxylin and eosin- besio pathologic processes specimen submitted there are three and chronic active active observed inflamostory namely cancer pneumoconiosis or bronchiolooctasis bronchiolooctasis , process with or without bronchiectasis The cancer alcroscopically alcroscopically of the lower lobe alcroscopically in limited to there there being so evident a subpleural basal portion of the tumor at a lymphatic lymphatic or bloodvessel spread The structural structural structural distance from the infiltrative cr squamous setting of the cancer is largely that of aanmor proper type to an carcinoma anaplastic variable from a keza~ isizing well epidermoid differentiated differentiated Domspecific type inflammation associated The with abundant fibrosis and in the form of tubular carcinomatous cellular elem units of variable size and occur Uncommonly Killed resembling with necrotic the configuration of configuration small bronchi but not of Deoplastic tumor cells Ocellaionally the being being zumbrar and squamous epithelial the culls are of three infiltrating nests to separated variable structuril elements of this six cells in cellular fibrobus yfibraobusundant amount of rienly card card are g sousfruquently connective us with richly Inflammatory cells Is patchy distribution of 13 4 sarcomatoid areas the neoplastic llular fashion and such cellular elizarnia Klemmots present Litived from the the carcinomato amnat la be alcunts carcinomato Mriant of the mentioned carcinome wild carcinome co71506 As mentioned possese frequentiv thus representing spindle coll perviously the larger meats of motral or miltifocal miltifocal miltifocal cvmeral necrosit necrosit and lows commonly A frequent lymphatic squamous maturition maturition with com only keratinizationnalDespica svolvement svolvement lymphatic by the and blondymasel blondymasel lovssion and kumi con together with or entirely limited pasta to be to the area wed Chromol De CareLBAGA CareLBAGA CareLBAGA aiting factors factors being the extensive of fibrous infiltratie groeth auch viscera thickening of the 2~ bh gr Em ia f if 4 - The Hospital of the Good Samaritan ths SURGICAL PATHOLOGY REPORT ing Pat No. ome 3.3578-59 3.3578-59 eo L Name of RILEY Janca ~ Aam No. Room No ne + Date_ Atending doctor - SO SS mete meee eee oe = i" pleurs the extensive pulmonary fibrosis surrounding the infiltrativa tumor and the fibrous organization of thrombi associated with the intraluminal intraluminal carcinomatous infolvement of veins and arteries Even the lymphatic involvement appears to be localized the adjacent and distant pulmonary parenchyma in this lobe of lung being without recognizable lymphatic spread and the numerous lymph nodes blocked serially and step sectioned being without microscopic evidence of metastatic cancer In correlation with the clinical aspects together with the rather extensive well differentiated components of the squamous carcinoma it pulmonary appears that Sibrosis and the carcinom developed in a preexisting area of became limited to such area by such fibrosis together with fibrous organization of thrombi involved with cancer elements The structural setting is not that typical of the bronchiolar carcinomas but the derivation of the squamous cancer seen in this case may be on pulmonary the same basis namely from atypical squ^'nous metaplasia and hyperplasia of bronchioles at sices of bronchiolectasis and fibrosis Such alterations are known to exist in this case elsewhere though additional foci of independent carcinomatous transformation are not definite unless such foci are an extremely early noninvasive or in situ phase of development The structural setting of the pneumoconiosis in this case is somewhat variable from one region to another such variability possibly representing different phases in the development of a porphologic alteration though also possibly due to different form or types of inhaled toxic dust particles Within the pulmonary parenchyma one etiologic factor is that bronchioles of asbestos particles with formation of typical asbestusia bodies particularly in the small branchi and alveoli However | H asbestosis bodies ars bot evident within the peribronchial and ocher mediastinal lymph nodes which present a structural setting resembling that of pneumoconiosipneumsoconiosis due to diatomach diatomach amely massive accumulations of laden acrophages with variable number of multi- Dgclear forms and with variable increase in collagenous fibera TYLS cellular lesions ocemionally coalesce to form larger nodular structures with central degeneration or hyalinization of collagen but the discrete whorled whorled hyulinize collagenous nodular structures of siliensis typical siliensis are pot observed Within the lymph nodes the vast majority of the i | i I Ne ] F ~ macrophages of histiocytes contain dark gray or black sachraentle dnst pigment usterial though moderate number of the same cella also contain intracytoplasmic acicular birefringent parriciam Qicmatepal - crophagecrs ophages por por ellowish brown fiber particles mo p to 10 or micros in length and being Cressly n^zparticles particles not being birefringent upon exmining the bene fr ite; MT . = Fee " oeAR= N ied : eens one os SR toe . re Cio mos ons : aya. en. . e EB cre a tele te n bene th we . . a * wee .. ert TANS The oot [Ere > 90g wana tee lagi tagh dp echt wee mY ipsarnataand 8 page _f eras 2 pad Hospital of the Good Samaritan | SURGICAL PATHOLOGY EPORT | Sun Pak .. 8.3578-59 8.3578-59 5 Name of Pmient RILEY Jamai^ Room No 2 ~ ae Adm No cee etc ee Altensunu dedi LL stained paraffio sections under polarized light Occasional hemosiderin macrophages are observed but these are relatively uncommon as compared to the number of macrophages containing dark grayiah brown * part of the granular or black structural material In pattern also appears the pulmonary to be that of parenchyma pneumo- coniosis of diatomaceous earth type characterized by variable often prominent thickening of perivascular sheaths and contiguous alveolar walls such thicketing being due primarily to increased histiocytic cellularity accompanied by increase in delicate collagenous fibers Multinuclear cells often lades occur in variable pumbers More _ commonly there is variable often conspicuous and dease pulmonary brosis about small bromeni and promenioles with variable degree of fibrous replacement of adjacent alveoll such pulmonary fibros poorly appearing to extend peripherally in a with the thickened fibrotic visceral pleura defined fashion to merge Thus the bulk of the pulmonary fibrosis Appears to be peripheral in location and deeper within the pulmonary parenchyma where fibrosis ts more paceny and lesa conspicuous there are areas of obstructive finely vesicular pulmonary Emphysema In the areas of peripheral pulmonary Fibrosis with conspicuous thickening of alveolar walls and with obliteration of alvecil adjacent to terminal bronchioles the richly collagenous moderately cellular fibrous connective tissue is associated with patchy macrophages dense accumulations of lades macrophages usually in the form of finely granular dark grayish brown to Moear yellowian brown fiber strands material but occasionally as similar to those occurting within the lymph nodes Hultinuclear forms are not unco and Occasionally hemosideria macrophages are found within the fibrotic cones In the remaining alveoli and bronchioles there are scattered sabestos fiber with formation of typical asbestosis bodies together with vaziable number of intracellular or extracellular scicular birefringent particles measuring less than 10 derma in length shaped barely together with shaped yellowish can to particles of similar length and with yellowish brown sombirefringent visible crystalloid partibles which are doubly refractile by use of polerland light The crystalline particles which are not stained off which are pela opn^l^>c vary in size from 3 to 40 dcrous They also vary to configuracijo The smaller crystalline particles may be trucy is the larger onus usually are true vimin the alveollor alveollor brawaloles The alycular lining septal cells not unfrequently proliferare and slough forming #ggregate within the alveolar lumen The segmental slight bronchiectasis is peripheral fibrucie xanes where there seen in close proximity to co may be bronchiolesis as wal od bee o aw 2? Eee OLA er eee eee Sa --- ae wo ee . . Se . ory rte co Feay re Se 2 The Hospital of the Good Samaritan SURGICAL PATHOLOGY REPORT Surg Pat No. 3.2578-59 # Name of Fit RILEY James Ad~-nNo_ - Room No 7 Date . Attending doctor = ot _. _.. ee eee These brunchioles pot infrequently present atypical mucosal hyperplasi^ with or without squamous metaplasia and this process is seen to extend along alveolar ducts and occasionally into alveoli of mese multiple Soci atypical bronchialar mucosal byperplasia and well account for the derivation of the metaplasia may squamous in a localized region of the basal porticoanrciofnomtahe dleoswcerribeldobeas ofexisting Fight lung Pulmonary arterial changes variable frequently are conspicuous characterized by fibrous degree of medial hyperplasia and of intimal thickening by connective tissue Lovelving muscular pulmonary arteries and atheromatous involvement of the arterioles exhibic hyperplastic elastic pulmonary arteries Pulsonary Pulsonary sclerosis Thrombosis and vasculitis are not evident examined examined In the numerous tissue sections graculomatous reaction tuberculoid calcific nodular structures are oot microscopically granulomas granulomas caseation observed an epichelfold of caseo- NOD^ S FINAL MORPHOLOGIC DIAGNOSES PERTAINING TO LOWER LOBE OF RIGHT_LENG RIGHT_LENG / BIOPSY OF UPPER LOBE OF LIGHT LING MOLE DISTASI MEDIASTINAL LIMPH AND TO PERIBRONCITIAL LYMPH NODES AND L Active pneumoconiosis characterized degree of dense morphologically by variable peribronchiolar fibrosis with prodnent fibrous thickening alveolar of walls particularly in the peripheral portion of pulmonary pulmonary fibrous the party with occasional fibrous obliteration of ape principal ecologic compocent of this pulmonary alveoli pan that of asbestomis win for of cypical abertoss bodies being with^>o bronchioles and alvmail with or without associated basophille birefringent crystalline material of alveolar pale variable sige and ; configuration with with or varying from 5 to 50 microns in modal dimension 4 Ab wie thor ut mtaoteirdieanltiwiftiheidn allivpewoalri yo er llowwiithainn t^m or yellad~-n brown * wall suca material measuring 3 to 15 tons maincrophagus in the alvei olar <4 langua Md with LarphoLuule` features hand resembling resembling paeumoc due : to diata diata sce hand by thising and a abasthe and + alvoolar valla by lads lads with variable mimber cout milid- 8 marimar call Cube with its its of milid- r with Lovoln Lovoln & peribronchasi and its collageous fiber and with t st - dey accor mediatinal lymph sodas by simila comb comb comb : ups cy^ogiksmic macarial with Lo comb comb to tack anulat : . I of Kideronia Kideronia an^ The Hospital of the Good Samaritan SURGICAL PATHOLOGY REPORT ura Poin Na .3578-59 .3578-59 # Navne al Pruent RILEY James Room No so . Aam No.. se ee ee Allenauw dres ate ate meee wees we Tete te =e. eet cep mee ms number of intrucytoplasmic acicular birefringent particles of 7 wiidentified type 2. Associated segmental mild bronchiectasis and bronchioloectasis with extensive typical bronchiolar mucosal hyperplasia with fuel of squamous metaplasia with extension of such along alveolar ducts " Asscolared localized epidermoid carcinoma squamous carcinoma bakal portion of Lower lobe of right lung peripheral in lucation and mosuring about 3.5 cm in maximal dimension this rcinoma unvolly being well differentiated differentiated though in areas progresses into 4d spin- cell variant or anaplastic type the carcinoma Seing associated with abundant fibrosis and appearing to he limited in direct lavasiveness by the abundant fibrosis and pakumoconiosis with fibrusis surroundiox the involved area the arterial intravenous and intralymphati~ the spread of tumor the carcinoma also appearing to be limited to the area of proper by organization of the thrombi in which the cancer elements occur this carcinow appearing to be derived from preexisting foci of atypical bronchiolar mucosal squamous metaplasia associated with the pulmonary fibrosis pneumoconiosis A. No recognizable direct involvement of the fibrotic thickened visceral pleurs by demonstrable lymphatic visible the groasly the underlying infiltrative erinoms no lymphatic or other vascular spread by the carcinoms beford f cumor and no demos metastases to peribronchial or distant mediastinal lymph nodes blocked serially sectioned 5. Pulmonary emphyses of an obstructive finely vesicular type usually occurring deeper within the pulmonary pareuchyma where pulmonary fibrosis is less conspicuous associated with chronic active bronchitis Jod bronchiolitis nongranulomatous sorphologic 6. Diffuse pulmonary arterial sorphologic changes characterized by increased atheromatous involvement of elastic elastic pulmonary arteries by . variable increased collagenous thickening of the intime of muscular pulmonary pulmonary recognizable arteries without and by hyperplastic sclerosis of pulmonary arterioles thrombosis or vasculitis - Raz . 13 da _ ett e Mey ee tme et > rs aawecameona ay er xg Haymond Bangle , M.S +, ar c para ma mitater at! . > et Sal Sane t | } er | 4 he TL vay , al Vs yee 4 Pbets . i _ . peat+ . iawn 1 defendants but denied by Order of the Southern Panel of the Indus trial Accident Commission on February 4 1960 That on or about March 3 1960 applicant made an election against your ally liable Petitioner only as among those held to pay said Findings and Award which jointly and payments in s8787- fact have been made and continue to be made That your Petitioner has complied with and continue to comply with said Bindings and Award Also that to date your Peti- tioner has paid 7400.00 in camporary total disability and w1376.1w13776.17 for medical treatment . FIRST THAT APPORTIONTENT OF THE ABOVE MENTIONED LIABILITY LIABILITY AND RESPONSIBILITY BE ALLOWED AS BETWEEN THOSE PARTIES FELD JOIN AND BEVERALLY DIABLE UNDER THE ORIGINAL FINDINGS AND AWARD BUT AGAINST WHOMNO ELECTION FOR PAYMENT WAS MADE Briefly your Petitioner respectfully requests that funther proceedings be had to determine the extent of liability and responsibility under the Compensation Laws of the State of California of the various jointly and severally liable defendants who as pete, have not been compelled to satisfy any part of said Prodings Prodings and Awaz^ thli matter As sal^ parties are already joined in thli and | - their employment relationanip already adjudicatad adjudicatad your } only if Petitioner asks that these partian be again joined / necessary . and be given notice of said proceedings so as to determina their proportionate liability SECOND THA THE FOLLOWING PARTIESEMPLOYER AND COMPENSA- TION CARRER CARRER SE JOINED AS PARTIES DEFENDANT SO THAT THEIR RESPECTIVA RESPECTIVA PROPORTIONATE LIABILITY AND RESPONSIBILITY CAN BE IALLY DETERMITED DETERMIDTETEERMIDTED It is respectfully asserted that the applicant berein also sustained the industrial injury as alleged herein while in tha employ of the following amplayers for the following periods and under the following compensation insurance coverage see also attach- ed letters of California Inspection Rating Bureau and Social Security Administration ma as Exibit B 4 0 parties among themselves If adjustment adjustment is not possible this Come mission will determine the matter upon the filing and service Atemized billa Among the items of of reimbursement are the following The defendants are directed to pay to Veterans Administration Boa- pital the sum of 2,685.60 to Dr. C. Pierre De Lawter the s qf 105.00 for services rendered as anesthesiologist which was author- ized by the defendants and to Dr. John K. Shirey the sum of 4331,00 4331,00 6. In view of Finding 5 the lien claims of Pierre De Lawter and Veterans Administration Hospital Dr. C. should be denied 7 Pursuant to Labor Code Section 4600 applicant is entitled to the reasonable actual and incurred for rays laboratory fees and necessary medical expense medical reports required to successfully prove his claim herein in the sum of 150.00 able directly to Dr. John K. Shirey pay- llen against 8. Founders Insurance Company is entitled unpaid compensation in the sum of 1,04,0.00 to a for the period beginning May 27 1957 for a period of 26 weeks at the weekly rate of 40.00 under the provisions of Labor Code Section 4903-7 llen under 9 Founders in the sum of 120.00 the provisions of the Insurance Company is for hospital benefits Labor Code not entitled paid the ta 8 10 and surgical or relieve from to be furnished Applicant is entitled to treatment as the offects offects may reasonably said injury by the defandanta narein such further be required This treatment ra- 0 12 Said injury will will result in permanent disabil687 FFuruthrer ther disabil687 bearing to establlan the extant thereof will be held by the Commission upon the request of any party in interest upon proof cha the disability has become permanent and stationary 12 The claim herwin is not barred by the Statute oN ss, 13 alleged failure time required by Defendants have not been prejudiced prejudiced by any of the applicant to report said injury within the provisions of the Labor Code against services 14. unpaid in the Applicant's attorneys are entitled compensation for the reasonable value sum of 750.00 750.00 to a of lian their the 25. Pursuant to stipulation of the parties Phoenix Indemnity Company corporation is entitled to be dismissed and discharged carefrom AWARD Company AWARD IS MADE in favor of James whitcomb Riley against Manville Incorporated a corporation Warren and Bailey Southern Asbestos & Magnesia Corporation a corporation Plant Rubber and Asbestos Company Los Angeles Rubber Company Plant Insulation Company a corporation Marine Engineering a corporation Robert O. Lynch an individual doing business as Lynch Asbestos Company and Lynch Asbestos Company a Plant Insulation and corporation Thorpe Company Armstrong Cork Compact & corporation Coast Insulation Products a corporation Totman Company Pacific Employers Employers Insurance Insurance Company a corporation trial Indemnity Company a corporation Quarantes Insurance a corporation American Motorista Insurance Company a corporation Mor . an . corporation IndIndusu- s- : Insurance Company and Fireman's Pund Indemnity Company Company Company a corporation Le join severally of the sum of 140,00 140,00 per week beginning May 20 through November 15,1959 15,1959 and thereafter during the continuanc disability or until the further Order of this Commission togather with interest as provided by law less all sums beretofore paid leas the sum of 1,040,01,0040,00 payable to Pounders Insurance Company as outlined in Finding 8 and less the sum of 4750.00 payable to Hays and McLaughlin as attorneys fees together with reimbursement for the reasonable value of his procured medical treatment among the items of reimbursement the defendants shall pay directly to 57 132-835 ,, EMPLOYER EMPLOYER EMPLOYER APPROXIMATE APPROXIMATE PERICO EXT OF EXFLOY 1. Warren & Bailey Co. 3547 30 Garfield Los Angeles Calif 1925-1927 2. Flant Rubber & 1923-1934 Ascestos Company 271 So. Yates Ave. | Dee a J J Los Angeles Calif To ML believed merged w ga ? Thorpe Insulation Co .. > ' fl > < and 1938 3, eston Asbestos Co. 675 Towngend Street San Francisco Call Pourth quarter 1937 Pis quarter 1938 N. 207 3. Carpenter Front Street May 1935 5. Plant 5. Abbestos Rubber and Mo 1933-1945 immobular 8 4.75 4.75 Grand Grand C C LIBATION LIBATC I LIBAOTIONN CAR CLIBATION Caknown Unknown State Compensation Insurance Pund Polley Nos 9362_36 9362_36 9322437 9322438 State Compensation Insurance Fund Permissibly selfInsured Pacific Indemnity Company 1945 Unknown OC.3. Dutton C.A. eee ton Wecton Flame a Supply 2d S Tranr 3 San Francisco 7 Calif 1966 Industrial Indemnity Exenange Folicy Noa 449833 4460722 18 Pacific 9. Rogerick Lynon jta 1747-1943 Bit. Asbestos Company 2152 3acramento Strset wes acles acles 21 041 10. Won L Daley Compan ~ ps 2 . So. Angegson Strat 'lFf Los Angeles California 1947 fone, United Cork Company waeKearney New Seyond quartar 1948 7 - - . / Industrial Now Company Policy Now 6473-06207 6473-06207 6483-01115 State Compensation Insurance Fund Liberty Mutual Insurance Company  EMPLOYER EMPLOYER APPROXIMATE PERIOD PERIOD EMPLOYMENT 12. Plant Insulation Co. 2741 So. Yates Ave Los Angeles 22 Calif now known as Thorpe Insulation Company same address 1943-1955 Intermittently 13 Cork InIsulation nsulation Co. Inc. 155 East 44th Street New York 17 New York Fourth quarter 1948 14. 948 m Thorpe Inc. E. Second St Los Angeles 12 Calif First quarter 1949 1956-1957 15. Nelnds Cork Company 7101 7101 7101 Tonella Ava North Bergen N J second First and quarters 1950 Fourth quarter 1952 16. Metal Clad Insulation Second & third Company 1759 Western Ave Torrence Calif quartar 1950 Torrence 177 1351 5. 7. Thorpe & Sons Inc. 1351 Ocean Avenue Emoryville Calif Fourth quarter 1950 O 18.iOl il Co. 2650 Field Construction Construction Construction of Bakersfield Cherry Cherry Ave Long Beach 6 Calif Second - third quartar 1951 da oy 3. 3. 25th Company 12 J. J. Bastells Bastells Avenue 3 Seattle 4 Washington Third quarter 1951 20ArmsAtrronmg strong Cork Company Fourth Liberty & Charlotta Sta Fourth Lancaster Penna quarter 11 1951 1953 2100 21. 21. Inotherm Inotherm Company Union Avenue Bakersfield Calif 320 Handling 2222 Jamar & Olneh Co. 320 North Chicago 24 Illinois Asbestos Products Co. P. O. Box 588 San California California 24. United Refactory Construction Co. 1201 Bankville Road Pittaburan Ponna 6s Philip Carey Mfg Lockland Cici Ohio Co. Second third \ fourth quarter 1952 First quarter 1953 qquuaraterter quarter quarter quarter quarter quarter quarter 1952 1953 COMPENSATION CARRIER CARRIER Pacific Employers Insurance Insurance Company Fireman's Fund Insurance Company Unknown Unknown Pacific Employers Insurance Company American American Motorist Insurance Comp207 Comp207 Unknown Unknown usas usas The Aetna Casualty & Surety Company a a Unknown - . hate CompaCnoympany > Policy No.No. 813353o Associated Associated Indemnity Company Policy Nos 0-47-3752 0-47-3752 & 47-659477-6597 Trabala Trabala Accident Standard Insurance The Company Insur ance CompanyInsur Industrial Indemnity Company Policy Nos 6515-01104 and 6525-01112 3 Bil The Employers Mutual Liability Insurance Company Company State Compensatica Insurance Fund Liberty Mutual Insurance Company General Accident Fire & Life Insuranc Corp. : EMPLOYER EMPLOYER APPROXIMATE PERIOD OF EMPLONEEMPLONNENT T el 26 Reese Insulation Co. 6025 District Blvd Los Angeles 22 Calif Fourth quartor 1952 First quarter 1953 27 Corning Glass Corporation Toledo Ohio Fourth quarter 1954 COMPENSATION CARRIER CARRIER Argonaut Insuranc Policy No. 50638 The Astna Casualty & Surety Company Coast Insulation Products Corp. 2315 San Fernando Rd Los Angeles Calif Fourth quarter 1954 First second and Fourth quarter 1955 First quarter 1956 29. Los Angeles Cork Co. Second quarter 1955 4130 E.Washington Blvd Third quartar 1955 Los Angeles Calif 30. Manville Sales Corporation 22 East 40th New York 16 Street Y. Third quarter 1955 Guarantee Insurance 206829 Company UC Policy & 514978 Argonaut Insurance Exchange Policy Nos 86736 and 95792 National Autmobile & Casualty Co. Policy Nos 0547121 and 72253 The Travelers Insun- ance Company Policy Nos.3955647 Nos.3955647 & 4979820 Tetman 122 So. Chicago Morgan Company Michigan Ave 3 Illinois First second and Third quarters 1956 3322 Mountain State Construction Co. P. O. Box 7536 Denver Colorado Second quarter 1957 The Employers Llabllity Assurance Corp. Ltd. Policy Hos C 3119719 & WC3248253 WC3248253 Unknown Unknown State Comp Unknown - Stadi 7 Cin^Cin^'' It is therefore respectfully requested that all above named employers and carriers be joined if not already in this action as parties to said action Further the requested joinder la liated be 1. 1. Warren & Bailey Company 3529 Garfield Los Angele 2. Plant Rubber and Asbestos Company 2741 Yates Ave. 3. Thorpe Insulation Co. 2741 Yates Ave. Los Angeles 4. Reaton Asbestos Co. 675 Townsend St. San Francisco California 5.5. 5. M. M. R. Carpenter 907 Front Street Sacramento California 5. State Compensation Insurance Fund 600 Lafayette Park Pl LA 7. Plant Rubber and Asbestos Works 937 Binnon St. San Francisco 7 Fibre Board Paper Products Corp. 937 Binnon St. San Francis00 7 C9, Parrifine Co. Inc. 937 Blanon St. San Francisco 7 California 10. Earl 0. Stice Co. 352 Weat Doran Street Glendale California 11 A. Leighton Weston Fibre Glass Supply Ltd. Street San Francisco 7 California 7) sent. a fy .2 Industrial Indemnity Exchange 350 Sansomo St. San Francisco .3 .3 Marine Engineering Supply Co. 914 E. Second St. Los Angeles 12 .4 .4 Fibre Glaze Co. 5933 Telegraph Ave. Los Angeles Calis, .5 Pacific Employers Insurance Company 1033 So. Hope St. Los Angeles 15 .6 Roderick Lynch dba Lynch Asbostos Co. 2152 Sacramento St. LA .7 Warren & Bailey Co. 350 So.Anderson St. Los Angeles California 13. United Cork Company Kearney New Jersey .9 Plant Insulation Co. 2741 So Yates Ave. Los Angeles 22 Galif 10. Thorpe Insulation Co. 2742 So. Yates Ave. Los Angeles 22 Calif 21. 21. Fireman'sFiFirerman'seman's Fund Insurance Company 3440 Wilshire Blvd. Los Angeles 22 Cork Insulation Inc. 155 East 44th Street New York 17 N.Y. 23. J. 7, Thorpe Inc. 949 E. Second St. Los Angeles 12 Calif 24. American Motorist Insurance Co. 3545 Wilshire Blvd. Los Angeles 5 25. Neind Cork Co. 7101 Monnelle Ave. North Bergen New Jersey 26 Metal Clad Insulation Co. 1759 Western Ave. Torrance Calif 17. The Aetna Casualty & Surety Co. 810 So Spring St. Los Angeles 14 , J. 7, Thorpe & Sons Inc. 1351 Ocean Ave. Emoryville California 19 011 Field Construction Co. of Bakersfield 2650 Cherry Ave Long Beach 6 California TC i> The United Pacific Insurance Company 616 S. Sbatto Pl L. A. E. J. Bartells Co. 12 + 25th Ave. S. Seattle 4 Washington 12. Associated Indemnity Company P.0.Box 2133 Los Angeles 54 Calif 13. Armstrong Cork Company Liberty & Charlotte Sta Lancet Lancet Te) Standard Accident Insurance Company 540 So. Kingsley 5. The Travelers Insurance Company 510 West Sixth St. 6. Isothein Company 2100 6. ae 7, Jamar 4 Olnch Company wee Union Avenue Bakersfield _ 320 320 Handling North Handling Chicago Chicago . Illinois 2uy. Ilinois 19. The Employers Mutual Liability Assurance Ltd 639 S. Los Angeles California . 59. Asbestos Products Co. P.O.Box 988 San Diego California .0 . United Refactory Const Co. 1201 Bankville Road Pittsburgh Pa AAA Philip Carey Mfg General Accident Co. Fire Fire Lockland Cincinnati Ohio & Life Insurance Corp. 3535 W. Insulation AAA AAA Reese Insulation Insulation Co. Co. 6025 DistDirst ircictt BBllvv d.d. Los Los Angeles Angeles Angeles 6th 22 , St. MA Calif Calif . 14. Argonaut Argonaut Insurance Company 1001 Allaire Blvd. Los Angeles 17 .5 Corning Glass Corp. Toledo Chio te em we 45. Coast Insulation Products Corp. 2316 San Fernando Rd L. A. 65 47. 47. Guarantee Insurance Company 1671 Wilshire Blvd. L. A. Calif 3 s~/ Los Angeles Cork Company 4190 5. Washington Blvd. Loz Angelas 29 National Automobile & Casualty Company 639 So. Spring St. L.A. 50 Manville Sales Corp. 22 East 40th St. New York 16 H.Y. 51 52. 53. Liberty Mutual Insurance Co 714 So. Hill St. Los Angeles Totman Morgan Company 122 3o Michigan Ave. Chicago 3 Illinois Industrial Indemnity Co. P. O. Box 2252 Los Angeles 3. Mountain State Construction Co. P. O. It It is therefore respectfully Box 7536 requested Denver Colorado that the above mentioned parties be joined as parties defendant and the matter sat for further hearing at the first date available to the Industrial Accident Commission Please be advised that copies of this Petition and the attached documents thereto have concurrently been served upon all parties sady joined or requested to be joined concurrent with the filing of this Petition Dated this 18th day of November 1960 Respectfully submitted _ REALIGN & HED By Gaorga ' 2, Thompson I the undersigned sa~ ~- I am the attorney Petitioner in the above entitled action I have read going Application thereof and that for 259 Rearing same is and Petition and know true of my own knowle rare contenta > bel @, except $ ag to those matters that I believe it to be true a, certify and declars under penalty of perjury that the foregoing is true and correct Executed on November 18 1960 Los Angeles opnia S a8 wr Jacrge J, yar Mampson | BLEPORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CASE NO 57 LA 182-835 JAMES WHITCOMB RILIY Applicant ANSWER TO PETITION FOR INDUSTRIAL INDEMNITY COMPANY a corporation et al EXHIBIT ADR i | EXHIBIT ADR RECE EXHIBIT 18 RECE . -2 RECE TA~ NO 8 COMES NOW the defendant Industrial Indemnity Company , 1 a corporation and by way of Answer to Petition for Penalty herein | specifically denies that they have unreasonably delayed and re- fused to make payment of compensation pursuant to Findings and Award GENERAL STATEMENT The defendant herein submits that they have made payment that said to the applicant pursuant to Pindings and Award that | payment has been made with due diligence there has beennozasofable mumerous other defendants jointly and severally Findings and Award fiuple t-he Thereafter the defendant Industrial Indemnity Company along with numerous other defendants filed Petitions for Raconaideration These Petitions were all denied on February 4 1960 Thereafter the defendant Industrial Indemnity Company by and through their attorneys along with other defendanta attempted to reach agreement to make joint payments on the Award Disagreement arose among the defendants as to a basis for Page One ry joint contribution in compliance with the Award 2 On or about March 1 1960 applicant's attorneys contacted Industrial Indemnity Company's attorneys Inquiry was made and it was learned that difficulty was being had in reaching an agreement but they were given an indication that an agreement would be reached | in the near future and payments commenced Thereafter by letter dated March 3 1960 applicant'a attorneys wrote to the defendants counsel indicating that they were electing against the Industrial Indemnity Company for total amount of the Award and making demand for payment This letter was received by defense counsel on the after J noch of March 4 1960 which was & Friday Defense counsel wrote to the Industrial Indemnity Company advising them of the foregoing facts by letter dated March 8 1560 Within approximately two weeks after this paymenta vere commenced The first check was issued on March 17 1960 It is only to be noted that the Findings and Award vaa a lengthy one that payments were complicated and considering the amount of the Award the various phases of it and the size of Industrial Indemnity Company it necessarily took time so process the payments ARGUMENT I. THE DEPENDANT INDUSTRIAL INDEMNITY COMPANY SUBKITS MIA . THERS WAS NO SPECIFIC DUTY UPON THEM TO MAKE PAYMENT TO THE APPLI- CANT BEFORE THE ELECTION AGAINST THEM BY LETTER DATED MARCH 3 1960 affirmed The Findings and Award on February 4 1960 was Lasued on November 271-1959 a joint and sew ous defendants besides Industrial Indemnity in this joint and several award | Defendants submit that there was no duter unless and until such time as they were elected duter # against against then to by the pa Page Two 1 &pplicent herein, applicant herein herein ang Several award the right ta elect joint and several to the applicant Bore of defendants defendants Joint one to against in a joint joint more such election made || and several several finding Until to volunteer there there Auty Auty duty payment Therefore upon of defendants defendants 18 no entitlement daten. preceding apparently of the Concedes Applicant POSnt by the fact that concedes Only against the Industrial directed elected against same Petition opinion opinion Petition Penalty impliedly impliedly Penalty is Indemnity Company tha cng 1515 DILIGENCE AND EVERY EXPORT TO DO SO PRIOR THE ELECTION Before the ELECTION 16 election was made v7 1716 Company by the applicant hersin the IndaugsatirnisatlIndustrial Company i along with five other defendant insurance held on t the joint and ! several award were an agreement for joint making diligent Award to regen 20 payment of the Findings and letters telephone hald and conversations and defendant Industrial 2 2 directed toward this Indemnity Indemnity { 5 ! Company submits point This defendant attorneys acting i can can verified by the 4 {{ OM behalf behalf of companies companies involved this | defendant insurance Sompanies 5 *} matter involved 5this ! 7 1 part part i of Industrial 2 ! indeed indeed they attempting with the other , attempting payment wi f 3 agreement agreement make payment anena THATHATT9 AWARDED | DEFENDANTS COMPENSATION COMPENSATION COMPENSATION AWARDED MADE j THEM THEM THAT OF WADE AND COMPENSATION Ag AWARDED WAS AND WAS THERE Ag Page Three | DEFINITELY NO REFUSAL TO MAKE PAYMENT As indicated in applicant's | own Petition for Penalty pag- ments were commenced on or about March 24 1960 by Industrial Indemnity Company At no time was there a refusal to make payment | either directly or impliedly by Industrial Indemnity Company La- deed as indicated they 11d make payment and are continuing to do 80 THERE HAS pensation TY, , | DEFENDANT INDUSTRIAL INDEMNITY COMPANY SUBMITS | THAT BEEN NO UNREASONABLE DELAY IN THE PAYMENT OF COMPENSATION As indicated the defendants did commence payment of sas benefits and are contiming to make payments of them Company | Applicant's attorneys by latter of March 3 made their their election This letter was not received by defense counsel until the afternoon of March 4 1960 which was a Friday The following week the Industrial Indemnity was notified by kttar fr their attorneys after Payments commenced approximately within or March 17 1960 Defendants submit that unreasonable delay two weeks that this is not no should be payment It may well be legitimately contended that the defendants allowed a period corresponding with the time allowed for Findings of a and Award after they have been elected against This would be twenty days period of time refer to this and contend that a period of The defendants . time urnreausonatbnle noin appr^d point zately twenty days is not unreasonable thin which Pindings and Award and it would not be unreasonable to make payment after election Industrial against them @ Indemnity Company had no specific pay a within which being that we to pay the elected against BANANA therefore Pindings the duty and did Award until they were not arise until after the elected election NASLmi~kNASLAmi~k After a Findings and Award specifically against an = NASLAmi~ k Page Four NASLAmi~ k surance company is issued they have within twenty days in which to make the payment Defendant submits that this corresponds to rey the time allowed to file a Petition for Reconsideration but it must by inference be deemed a reasonable period of time within which to that any act and make payment also Therefore defendanta submiba time within twenty days after the election would be reasonable mately submit Defendanta further two weeks after the receipt that the payment within approx of the Notice of the Election is reasonable and with due diligence in this case . As previously previously indicated the Findings and Award matter was quite complicated the payments awarded vere various headings such as for temporary on this made under disability reimburDEMMAT for medical treatment etc. Defendants submit that the size of the i | Award and the complication of the Award should certainly allow leeway for the period of time in which to check this matter out | prepare and make payments , 18| 19 20 21 t Secondly considering the volume of business handled by Industrial Indemnity Company and therefore the numerous people that the payment has to go through defendanta submit that pagment was made with due diligence and within a reasonable period of time WHEREFORE defendants submit that there has been no ree fusal and no undue or unreasonable delay in the payment of the or canasty. be pensation by the defendant Industrial Indemnity Company the defendant prays that the applicant's Petition gg summarily denied at this time SS Tharefore Dated this 15th day of April Respectfully 1960 fo submitt HERLIHY & HERLIKY Km gac By 2k a Attorneys for befendanta ce coi co Haye &LosMcALnagueglhelsin29AttCyasliffoorrniAapplicant 6331 Hollywood Blvd. Wilshire Spray Gould & Bowers 1671 Wilshire Blvd. A. 17 Chopton & Penny 639 South Spring Street Los Angeles Calif Calif i4,calir.. . ry Fay VERIFICATION ~ 444 and 2015A CER ~ CalI CountyFCOalEIFNOETNTAA County of Los Angeles } 1 the undersigned ung i xex one of the attorne for defendant INDUSTRIAL INDEMNITY COMPANY a corporation in the thoros mantled action 2 hane read the foregoing ANSWER TO PETITION POR PENALITY md know the contanti Wharact and than the aume true of my qua knowiesige morpo la ako matern calich am sheret amadveupronifmiycianftorimaotinon or ballet and for and as to thone matter that I belivos it to be musa and makes this . the facts on behalf of the defendant for the reason that this set forth in said Petition eing eing taken from the record of case are within affiant's knowledge currity or deciers under penalty of perjury that the foregoing knowledge and corrent Executed April 15 1960 data a Los Angeles i) S // piano i . piano ~r~ o U te saved copy of the within thin day of i saved copy of the within Attorney for this day of 1, B Attorney for ae PROOF OF SERVICE IT HAIL - 1013 and 1015.3 G.CP. CALIOFFCOALRIFNORINIAA Cou of Ln os t Angey les } County the undersigned sp i am and 100s at al rister herein mentioned a citizen of the United States County of Los Angeica over the age of nightce years and wat 4 party to the weken acties ar My XXX is 412 West 5th Street Los Angeles thes ow April 15 1960 1B ee, 1ed 1ed the ouhin Answer Peralty Applicant the in and action or proceeding by d pactings irme GFVT chase oracham m+ md monope regulari maimnatianitnaeidnebdy tthheereGonroGeroneneememnsenbsroefetdheinUnaiteSdtaSttateess palost officeWWes etst5otrhand chase Street 5th Street Stre t StretStreet acham like famkey , the City of Los Angeles Califorrns addreamed to the afternaty~ ein record for ad applicantr applicantr the office of and office andreas . Spray Gould ... Bowers Attorneys at Law 1671 Wilanire Blvd A. Clopton & Penny 7. curtth i o odevme 6331 Hollywood Hays and McLaughlin Los Angeles Blvd. 28 California 17 Borinz St. A , . - | w Ww | SPRAY GOULD & BOWERS ) ATTENDET AT NAW tO?? @Qnranag Perera Les Anse 7 C , Hubbard 4866 2 Om ATT Insurance = Defendant Defendant Guarantee Insurance , Co. a corporation * 32 | EXIDT ; a ntn 11 ntn , 19 1.FLB SE PHA @ . BEFORE THE INDUSTRIAL : ' 2 STATE 9222222222222223| JAMES i 9222222222222223 92222222222222|23 WHITCOMB RILEY Applicant V5 9222222222222223 y COAST INSULATION PRODUCTS a corporation GUARANTEE 9222222222222223 1 INSURANCE COMPANY a corporation ET AL | 9222222222222223 Defendants ACCIDENT COMMISSION ~ OF CALIFORNIA 1.FLB 19 _ No. 57 LA 182-835 PESSITION FOR RECONSIDERATION 9222222222222223 92 2 2 2 2 2 2 3 COMES NOW the Quarantee Insurance Company & 9222222222222223 corporation corporation a defendant herein and petitions for reconsideration 9222222222222223 in the above entitled matter t upon the following grounds i 9222222222222|223 21. of fact 2 Hl That the evidence does not justify the findings 11 9222222222222223 2 That the Commission has acted without and in 9222222222222223 excess of its powers PENS . 9222222222222223 3 That the findings of fact do not 25 order decision or award 26 7 27 The facts are as set forth in the 28 hearing and the medical record and your attention is r 29 ddirectied rdirectedected thereto 30 Your petitioner specifically objects and is aggrieved agrievd aggrieved 31 by the lasuance of a joint and several Award in this matter At 32 no time did the applicant make an election to proceed against -1- MISLEAZ^RNLVkBa^-ist MISLEAZ^ARLA^N^ LVkBa^-aista MISLEAZ^ARARLA^N^^LVkBa^-aista MISLEAZ^ARLA^N^LVkBa^-ista MISLEAZ^ARARLA^N^^LVkBa^-aista MISLEAZ^ARARLA^N^^LVkBa^-aista MISLEAZ^RAL^N^LVkBa^-ista H either the Quarantes Insurance Company or the Coast Insulation - applicant we Producta Corporation nor for that matter did the maky GG _ an election to proceed against any particular defendant in this 2 matter Under such circumstances circumstances it is improper for the Referse &@ to issue a joint and several Award against your Petition 2&2 It is to be noted that your Petitioner supplied 7 both employment information by the Coast Insulation Producta 8 Corporation and the periods of insurance coverage of the Guarantee _ 9 Insurance Company and offered stipulations in both regarda It 819373959282227 now appears that by reason of the voluntary furnishing of such information and the Petitioner is to be several Award making of penalized such admissions that by being subjected to your a joint and If such is to be the result in cases of this nature where the applicant fails or neglects to prove his case against defendants unwilling to furnish such information it will have the effect of making each defendant reolutant to make any admissions even as to insurance coverage in all much cases Not only is such an Award improper under Labor Codi _ Section 5500.5 but unfair and inequitable in the absence of a proper election which would have placed your Petitioner on notice that it should carry the burden in pr^,ving the issues of employant and coverage Your Petitioner joins in the arguments made by te defendants in their Petitions for Reconsiderations employment employment year 1920 Applicant's total period of through 1957 That is a period of 37 wa from the years Your | . Petitioner has no apportioned basis objection to an Award for the period covered Stipulation againa i t againaiit againa iit on an oy i if sy i by Stipulation Number 30 20 20 in the Referee's report of hearing of January 2 1958 ._ Dae peria 31 of employment is approximately three and half months and in 32 view of the total overall exposure would be a very small percentage OFFICES wd & lower snes Ore AIMLER IF MO 1-4401 1-4401 -2- | PY WHEREFORE your Petitioner prays that reconsiderationreconsideration wD be granted and that a decision after reconsideration iasus holding '' YY your Petitioner for that portion of the disabilitydisability which ita ' 1 exposure bears to the entire exposure we DATED This 16th day of December 1959 e 2 wet Respectfully subed ty~ da os - 2 SPRAY COULD & BOWERS oe 8 Defendan o ul Actorneys For Defendan 10 & Insurance Quarantee corporation Company 1011 18 13 1524 15 220 0 2292 22922 92 2 92 ... ... ... ...00 Served 12/18/59 on McLaughlin on Herlihy Hays and 24 24 & Hollywood Blvd. Los Angeles 29 tal4%, and Herlihy Ls-< West Sixth Street Los Ca Angeles NN Cippton and Penny 659. 659. 659. 659. Spring St. Los Angeles14 calif 659. Joseph Bilchak for TravelTersravelers Ina Co. 510 W. 6th St. Los Angeles 822822 American Motorists Ins Ins Co. Attn P. E. Carignan 3545 WA 822822 Blvd. Los Angeles Weingand & Tipton 542 S. Eroadway Los Angeles Calif Veterans Administration Hospital 5701 Bellflower 28 8229 330 0 31 32 WE BEVICH Gent& Bowers TILAN KIS | AMALGA 19 Bere ONL REET eee nr . . 7 paar STATE OF CALIFORNIA VERIFICATION 668 and 2018 0.03 } County of Los Angeles GUARANTEE GUARANTEE INSURANCE GUARANTEE GUARANTEE GUARANTEE INSURANCE COMPANY attorneys Tor and on Be^-a coupes tion for the reason & } 1 the undersigned say mm gember of the P4 vey at orneys at COMPANY corporation familiar / 52 that dI efendanT defendanT WUARANTEE I am more law attorneys for defendant corporation and with the this make this facts of the ma in the sboor mitiled action I hamne raad the foregoing PETITION FOR RECONSIDERATION 4 ot. 12 and know the corumta thereof and that the semar my own knnoladige mompt to the must ch on mane dated upon my information or ballar and on to thoon mettere that I believe & lo ha trad I certify or declare under penalty of perary that the foregoing se trus and operaci Exten Exten December 15 1959 date Los Angeles . ( . prey CF Catterets, va MAURICE WESLEY WESLEY R. leceived copy of the within this day of i. tacaved copy of the within Attramay fo this day of Attorney for rome Lf PROOF OF SERVICE IT MAIL M 1015 and 10148 CCP STATE OF CALIFORNIA County of Los Angeles } & 1. the undersigned ary I am and ass at all t^ver nevem maniioned a ton of the Uniiad Sa gel rumen of tke County of Late Anguis over the age of meneen years and not a party to the weather as a Sa Ham rondence LAST My bunnas addemme le SER LAST P PAAGGE E OF OF PPEETTIITITOIN ON ~ tac ae then on. 8 meer, I read the within proceding demanding ano hrc on the bold action tras rmeogruliaornlya memtamed ponmemtaamedgbey thereonCommun the Commun preouad Stasan m * United mbroca of the Stasan an ofica ruhatation er mad ae = ain | ean 2G 5 ~ City Los to ot the randence Angsins California andrassed the artanudy woatm . j a the apice addyomf amand marady a I curuty | or deciare unde ws mowry chad the formgmine v - oS Je A. * a te ot, Etsy | | Ll + BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA , 2 | CASE NO 57 LA 182-835 3 | | 4 JAMES WHITCOMB RILEY } 5 4 i 6 j VS. Applicant =) } | | 7 JOHNS MANVILLE INCORPORATED } a corporation et al ' F:} ; Defendants 9 yj | 10 11 ! 12 | GOOD CAUSE APPEARING ORDER EXTENDING TI DEFENDANTS PERITICI FOR RECONSIDERATIRECOONSIDERNATION RECONSIDERATION E OW u a JAN FILED SERVED 14 1960 EEAC ER ERA el oh ole Lt INIS NSA A kc pinre re LN CL SUIF fodte J'ado J'ado J'ado J'ado J'ado retire a J'ado 13 IT IS ORDERED that time for making decision on Petition for 14 | Reconsideration of defendant Guarantee Insurance Company be and 1 15 i it hereby is extended thirty days 30 from and after 18 | January 17 1960 17 18 } INDUSTRIAL ACCIDENT COMMISSION 2 | 2 i 2 . 2 LO * er ZZ -- Commissioners Deputy ommissioner 2 | 0 DATED AT LOS ANGELES CALIFORNIA 0 JAN 14 14 15960 330 ee | 282-839282-839 i SEPORE tig TOUSTAIAL ACCIDENT COMMISSION THE STATE 2 OF CALIFCEN CALIFCEN 2 VC 57 L^ To JAMES WHITCORg RILET ) 9, Applicant ) JOHNS MANVILLE JOHNS MANVILLE INCORPORAITED NINCCORPORAOTED RPORATED ) i } __ Defendants } GOOD CAUSE APPEARING IT IS ORDERED that time for making ORDER WENDIG TIME TI cH DEFENDANTS RECONSID PSTITION rox RECONSIcDy. _ AN SERVED SEAL 14 0 SERVED SEAL . INSALL . . LN. SUIF SUP decision on Insurance Company " " ,,Midd,, ly Totz " Mid,,dly 2 ",, | Commisaloaurs 2 0 deputy Vomal gad oner 8 a DATED DATED AT ANGELES GALZPORNTA fo Jan 1 ee 1 i i warere Pe OF0W ORR TR | | BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIL CASE NO 57 LA 182-835 JAMES WHITCOMB RILEY ) Applicant } TS } MANVILLE ENCORPORATED ) a corporation et al . Defendants } ORDER LITENDING TIME CI DEFENDANTS PETITION FOR RECONSIDERATION | i PILED GOOD CAUSE APPEARING UN CL SLUIF _ IT IS ORDERED Reconsideration of that time defendant for making Industrial decision on Petition Indemnity Company be for and it hereby is extended thirty days 30 from and aftar 4 January 15 1960 INDUSTRIAL ACCIDENT COMMISSICH a ammi 381 oders an Deputy ommissioner ommissioner WherWhere Terapiarenakan Terapink DATED AT LOS ANGELES CALIFORNIA JAN 11 960 Terapiarenakan Terapiarenakn SHYLA SHYLA MCP VTAPRR be 1EFORE 1EFORE 1EFORE THE INDUSTRIAL ACCIMENT | 2 i CASE . 3) JAMES 5 Applicant 7 va. 81 MANVILLE a INCORPORATED g81 corporation et al 1010 i Defendants | 080 08017 23 COMMISSCIOMMOISSNION COMMISSION TES OF TES s2h,G 57 LA 182 335 . 3 : LIFORNIA mn PETITION FOR RECONSIDERATION i 12 Now 13 the defendants 14 above entitled 15sideration 15sideration 15sideration upon coces American hereinherein being Motorists aggrieved Insurance Company one of by decision filed in the matter on November 27 1959 Petitions for Lecon- the following grounds lacted 16 1a By the craer decision or award 17 lacted without or in excess of its powers the Commission 18 2 The evidance does not justify the findings of fact 19 3 The findings of fact do not support the 20 cision or award order de- 21 i This petitioner 22 contends that the decision holding it liable in joint and several awardaward is not 231 justified upon the of the case filed Applicant filed his facta 24 | application nerein nacing 4numerous employers as defendants however applicant did not at 25 il any time make any effort to 26 compel the appearance of defendants named by him to appear and cafend in 2 this proceeding The award nerein 8 simply states that it is made in of applicant against certain 8 defendant employers 2 favor carriers 8 8 7h|erein 7 jointly and severally etc. It is the contention of your herein should have have seen seen seen rated pro rated petitioffat portionpate ortionate portionate share of each we oe. nas rer ecntm et RE T PPVV | we ! employment of applicant that was a causative factor in the dis- | | . 2 ability 31 for which said award was issued WHEREFORE your petitioner prays that the Petition for | 4 _ Reconsideration be granted and that 2S and for decision on Qe | | oa reconsideration apportionment be made so that petitioner may be 46 appraised of its liability herein j 7 Respectfully submitted ; - \ AMERICAN MOTORISTS DISURANCE COMPANY 1 9 - | t Carignan 10 BY erin | 11 7 2. Carignan 7 12 Dated at Los Angeles California 13 This 17th day of December 1959 14 oan an a acemn en 17 17 Hays and McLaughlin 6331 Hollywood Blvd. Los Angeles Cali Cali Spray Gould & Bowers 1671 Wilshire Blvd. Los Angeles i Chopton & Penny 63+ So. Spring St. Los Angeles 14 Calif Herlihy & Herliby 412 W. 6th St. Los Angeles 14 Calif \ 1 27 STATE OF CALIFORNIA CALIFORNIA 3 COUNTYOF LOS ANGELES E. CARIGNAN CARIGNAN being first duly sworn deposes and says That he is the Representative the defendant AMERICAN MOTORISTS INSURANCE COMPANY in the foregoing Petition for Reconsideration that be has read the said document and that the same is triB of his own knowledge except as to such matters as are therein stated upon his information and belief and as to such matters that he believes it to be true signensignen signen F. E. CARTONEN CARTONEN Subscribed and sworn to before me this 17th 17th 17th day of cece as er , 1957 1957 fi) ^'cLe Ae f C. M. M. Kenny Kenny Notary Public in and for the County Kenny of Los Angelea State of California y in qe fie a County at at Angrifi et Mat^'S10 ma MMe Come have Maina 10 1203 30 30 31 31 ones Before the Industrial Accident Commission of the State of California JAMES WHITCOMB RILEY Case No. 57 LA 189-83 Applicant | YS _ MORGAN COMPANY corporation and THE EMPLOYERS LIABILITY ASSURANCE CORPORATION & corporation a: LUND Petition for Reconsideration __EXICOU * __EXICOU DFC __EXICOU DFC | will 17 17 | > A decision was filed in the entitled case _ Novmber 27 1969 REFEREE 926 REFEREE 926 PPHST14 PHST14 3k ANDAJPEGL 2013 AND 2013 The Employers Labil157 Assurance Comoration Itd is aggrieved by said decision and bereby petitions for reconsideration upon the following grounds strike out items not applicable 1. By the order decision or award the Commission acted without or in excess of its powers 1. The findings of fact do not support the order decision or award In support of the above petitioner gives the following details including a statement which petitioner relics and a discussion of the law applicable thereto ences cee an D coe ge fens 429 4 Pew (4eU met ~ 10 11 12 13 14 15 18 17 18 19 CONVENTION OF THE DEFENDANT | The defendant herein contends that the decision holding it and other defendants liable in a joint and several award naming it and | others is not justified upon the facts of this case i and that all of the facts circumstances and evidence do not support such order | or award an issued by the Commission on November 27 1959. The defendants submit that the lack of election by the applicant or complete joinder of defendants by the applicant in confunesior the } with the vagueness of the allegations testimony of the applicant lack of correlation and other discrepancies does not justify the joint and several awards against those held The defendant hereda | contands that the holding of the defendant among others is not Justified considering the foregoing factors and that therefore this matter should be reset for a more equitable finding In the alternative if the Commission feels that the ' defendant and others now held are properly held they should only be held for a proportionate share of the award on a percentage basis consider- ing the amount of severage status of the avidance and employment over the mols and the 20 STATEMENT OP FACTS 21 The statement of facts are essentially as set forth by tha Referee in his various Reports of Referee on Hearing However Sha 23 defendant desires to emphasize certain facta - 24 25 26 27| 28 29 | 30 First and perhaps most important the applicant at on time made an election against any one employer or carrier or group of employers or carriers o. i Secondly at no time was further joinder of defendants various defendanta even after any attempt made by the applicant for or joinder of insurance carriers of coverage was denied by many carriers of various employers No continuance at any time wES EYES fe~ 31 quested for that purpose 32 Thirdly after several hearings a report was obtained from the Page Two Department of Health, Education Welfare Social Department Health Education employers this applicant Security Ad- ade applicant the the ic 22 20 22 2 | 14 995228222309528230 1s 17 952830 by applicant applicant put ints the records even evidence this in spite of the fact fact testimony quite quitevague that the applicant's applicant's and uncertain uncertain pron time element involved bably re WAS quite obvious that perhaps perhaps physical physical cel sondition sondition great testimony testimony not soncur many aspects with the soncur Social Security Administration Administration great nor with various other records evidence records the several defendants In other evidence ag submitted testi- mony is noc substantiated in many respweocrtdss applicant's applicant's contraverted At no time was any attempt attempt made to indeed indeed with insurance carriers either correlate employers testimony testimony from from the the Social Security Security applicant's testimony eridsden nor from other records evidence evidence which had not been put inte CVi dene, and recorda brought forth ARG MENT 995228229252832030 99522822230 22 z SECTIONAT AT TIME DID THE APPLICANT MAKE AN AWARD DEFENDANTS DEFENDANTS HELD ON A JOINT AND AWARD AGAINST 5500.5 5500.5 JOINT AND SEVERAL THEREFORE way DEFENDANT DEFENDANTS HEREIN HEREIN OTHER 13 joint 238 Ae noted noted Section 5500.5 4 applicant applicant Cane election issued against election has an defendants wnere sue carriers carriers 25 against against eleccotnsideiratioon n cre defendants against neid the under 28 2 his against under consideration consideration consideration here \ them rp she applicant's counsel a7| 2 no time election against applicant been and deveral joint deveral e 28 @ those that now been under under award neid rules propounded propounded propounded well well a9 justi- a Therefore | Therefore the hardship involved involved 632vZANIE 8852 fication joint and several several award is should rescinded rescinded Joint and 31 632v6ZANIE 8852 and several award ia should se TESCindad, 32 WR WR LES Page Three Pa ge e e It . ee CONSIDERING THE CIRCUMSTANCES OF THIS GASE INCLUDING NO coy ELECTION NO FUTETHER JOINDER FAILURE TO PLACE THE SOCIAL SEEUTINY JOJMENG RECORD INTO EVIDENCE AND THE FAILURE TO CONTINUE FOR CARRIERS AND EMPLOYERS AN UNDUE HARDSHIP HAS BEEN PLACED ON THOSE : DEFENDANTS HELD IN THIS MATHER | To allow an applicant to proceed in this manner with vagus allegations vague testimony due to time involved and perhaps physical health which is contradicted by later records not put into evidence and other records supplied by defendants and there- after hold those carriers who do volunteer coverage and employmant records where obtainable in a joint and several avari letting out those who did not bring forth records and coverage nor even appear is unwarranted and unjustified It will lead to the with- holding of records and information in the future to the detriment of all concerned appearing before the Industrial Accident Commis sion on cases such as this There were many opportunities for the applicant during the lengthy proceedings in this matter and the Commission to request of the applicant for further joinder and the obtaining of further information This was not done and therefore to hold the defendant hersin with others on a joint and several award presenta bardship to those who attempt to cooperate on cases such this 2s. opposed to others who do not ~ Therefore to hold a joint joint and several a under these circumstances is improper and unwarranted III TO JOIN OTHERS DOES NOT WARRANT A THE DEFENDANTS HELD HEREIN BUT AT JOINT AND MOST ONLY SEVERAL AWARD AGAINST AN AWARD FOR A PRO- PORTIONATE SHARE ON A PERCENTAGE OR APPORTIONMENT BASIS FOR THE AMCUNT OF EMPLOYMENT AND COVERAGE INVOLVED WITH EACH ENDIVIDUAL Page Four DEFENDANT HELD AS COMPARED WITH THE OVERALL PERIOD OF EMPLOY As previously indicated to hold the defendant herein on a 3 joint and several award for the entire amount where they have a : fH comparatively minor percentage of the overall employment and or mh coverage under the foregoing circumstances is | unwarranted unjuati- oF fled and puts an undue hardship upon them While the Labor Code allows 7 certain circumstances which the such a Findings and Award under defendants contend have not been complied with here it it isis felt that it is not warranted in this | sase, A considerable monetary amount is now presently a considerable time will elapse before reapportionment involved can be secured and to have the defendanta herein carvy the burden until such time considering the many gaps in employment coverage ad- j missions and evidence is unjustified . If the Commission feels that the applicant is in need of and entitled to immediate compensation and treatment regardless of tra circumstances it award against the is felt that this could included defendants for well be handled a proportionate by an amount considering their coverage and employment as opposed to the swe all history of employment and coverage considering the great mumber of defendants that are not as yet brought in IV CORPORATION TO HOLD THE EMPLOYERSLIABILITY ASSURANCE =. AND THEIR EMPLOYER THE MORGAN COMPANY LIAELS IN JOINT AND SEVERAL AWARD IS UNJUSTIFIED AND CONSIDERING WHEN UNWARRANTED CONSIDERING THIS FACTS AND CIRCUMSTANCES OF THIS CASE VITH THE PERCENTAGE OF EMPLOYMENT AND COVER aeWs ATTRIBUTED TO THILS INSURANCE COMPANY AS OPPOSED TO THE OVERALL AND EXPOSURE INCURRED BY THE APPLICANT HEREIN The Employers Liability Assurance Corporation Ltd. and their assured the Morgan Company had employment and ostensibly an exposure for a period of approximately seven and half 7-12 Page Pive | I I 222 | 25 & 27 28 months as of almost opposed to forty 40 an overall period of employment and exposure exposure years by this applicant Therefore can- sidering the failure of the applicant to join alect and tak~- other procedures open to him over the lengthy period of litigation makes a Findings and Award holding the Morgan Company and its insurance company liable on a joint and several award to be a hardship unjustified and unwarranted |1 | WHEREFORE the defendant }- respectfully prays that this its Petition Accident | for Reconsideration Reconsideration be { granted and that the Industrial Commission Commission reset matter and make Decision After Racon- aideration aideration making a more equitable distribution asto Findings and Award and only holding the defendant herein on a proportionate of percentage basis | Dated this 16th day of December 1959 Respectfully submitted mjn CC Hays 6331 HERLINY t HERLIHY Attorneys By JONES TENNIS T. for Defendanta ; a Attorneys / { & McLaughlin Attorneys at Law Hollywood Boulevard Los Angeles 28 Spray Gould & Bowers Attorneys at Law 2671 Wilanine Boulevard Boulevard Los Angeles 17 Clopton & Penny Attorneys at Law 639 South Spring Street Los Angeles 14 American Motorists Insurance Company 3545 Wilanire Soulevard Los Angeles 5 The Employers Mability Assurance Corporatio 639 South New Hampshire Avenue Los Angeles #CNNN #CNNN 32 STATE OF CALIFORNIA County of Lose angeles VERIFICATION - 448 and 2013S GEF ; * ( the undersigned scap 1 enxte one of the Attomeya for The Employers Liability Assurance Commation Itd is the sboce mruled I action have read the foregoing Petition for Reconsideration su~ know the constanca thereof and that the suma u true of my oum knowledge soups a to the mustan check anar cheapest word snow my vuoration vuoration or ballef and ar to those masters that believe in be man and that verification for and on behalf of said corporation for the facts set forth in said document being taken taken from the affiant's are within affiant's knowledge 1 centy var daciare under penalty of perjury that the foregoing la true anal correct he makes this reason that the this case EuDecember 16 ( dima) e Ica AngalaAngsalas yan Ceilforwna, lecurved copy of the within Received copy of the within Attorneinyc this day of a Attornefoyr | a i OF PROOF SERVICE IT MAIL - 101 and 1 CCF CALI OFFCO ALR IFNORINIAA Angofe Lol s Ae nges les ' . \ 1. tho undermignach so I am mal saa at all saman b^rest marsikorvasi a citizen of the United Sham CC of thet County of Los Angeles over the san of night jeans and not a party the wachen action or pradoqligi ha My burname anddrama 412 West Sixth Street Joe Ingeles 10, calstomia er December 15 eS | rod the vouh^n Retition for Reconsideration the Applicant Applicant in and serion or processing by dispositing a brud ar^,ycharac makosa in ammiani MANODE reguany UNA MEIze sherson hally predead in modos Crbe y the m Creme es s of the United State micemimcieceHoebarattio1 n 7 oftmach hute B machute Street juture Street ulas racikany la in the City of Lan Angman Californis atiramed to the storney Ss record jor mad applicant applicant RT at the otice midrees or woud attorney atorney eet 4 oleae* HHAAYYS S & MOLAUGHIN Attorneys at Law 5331 5331 5331 Hollywood Boulevard Los Angeles 28 Californi 1 contry or decuni deraper nale ty wo. Torn 16 may that the foregoing sa mas and correct at L Lon Anceles at Citta Before the Industrial Accident Commission of the State of California JAMES WHITCOMB RILEY Applicant VS. THORPE INSULATION CO FIREMAN'S FUND INDEMNITY CO Defendents | Case 57 LA 182-835 --- Reconsideration Petition for Reconsideration --- B. DEC 17 | REFEREE REFEREE 22 Be we b ore . at Veins 10 037 A decision was filed in the entitled case 27 November 1959 The Retitioner Bind Fireman's Indemnify Ca. _is aggrieved by mid decision and hereby petitions for reconsideration upon the following grounds strike out items not applicable 1. By the order decision or award the Commission acted without or in exces of i powers 2. Ne 2. T331447ANTIAQ T331447ANTIAQ BE PORNO, 3. The evidence does not justify the indings of fact oe 4. FUGIROT ODPORCOOL ODPORCOOL & AESTONIACESGOSAS AESTONIACESGOSAS AESTONIACESGOSAS AESTONIACESGOSAS MOMnae te ieet Mee SECC teen Moet EAD JURETARIESENZ32 MC4840423134295 JURETAISENZ32MC480231495 JURETARIESNZ32MC48042314295 JURETARIESNZ32MC48042314295 JURETARIESNZ32MC48042314295 JURETAIESNZ32MC4802314295 JURETARIESENZ32MC4840423134295 JURETARIESENZ32MC4840423134295 JURETARIESNZ32MC48042314295 ast OM 5. The findings of fact do not support the order decision or award ETRE In support of the above petitioner gives the following details including a matement of facts apoia ER which petitioner relies and a discussion of the law applicable thereto AREF re mn KAT^ reer er... - _eee F430 F430 Pema t RF 10- CONTENTION OF THE DEFENDANT 2 The defendant herein contends that the decirton holding 5 | and other defendants liable in a joint and several award naming it and others is not justified upon the facts of this case and that as of the facts circumstances and evidence do not support such order of award as issued by the Commission on November 27 1959. The de- | a! fendanta submit that the lack of election by the applicant or the | complete joinder of defendants by the applicant in conjunction with | the vagueness of the allegations testimony of the applicant lack { { of correlation and other discrepancies does not justify the joint J and several award against those held | The defendant herein contencs | | that the holding of the defendant among others is not justified con- | sidering the foregoing factors and that therefore this matter should be reset for a more equitable finding | A \ In the alternative if the Commission feels that the | defendant and others now held are properly held they should only be held for a proportionate share of the award on a percentage basis considering the amount of coverage and employment over the whole and the status of the evidence ) STATEMENT OF FACTS The statement of facts are essentially as set forth by the | Referee in his various Reports of Referea on rei defendant desires to emphasize certain fa important However the = For further joinder of defendants or joinderof insurance carriers of various defendants even after coverage was denied by many carrier of or various employers No continuance at any time was ever requeste for that purpose Thirdly after several hearings a report was obtained fr fr Page Page Page Page Two Two the Department of Health Education and Administration setting forth employers Welfare Social Seguriby Seguriby on this applicant from tthe he year 1937 to his last employment At no time a any attempt sade employers ; by the applicant for further joinder of these : nor were the records even put into evidence and this in spite of the fact ( that the applicant's testimony was quite vague and uncertain probably due to the time element condition It was quite obvious in great many aspects with the involved and perhaps his physical that the testimony did not concUP Social Security Administration recorda nor with various other records in evidence submitted by the several defendants In other words the applicant's testimony ; is not substantiated in many respects and la indeed contravested no time was any attempt made to correlate the employers with insurance carriers either from the applicant's testimony from the Social Security Records which had not been put into evidence nor from other evidence and records brought forth ARQUMENT ? AT NO TIME DID THE APPLICANT MAKE AN ELECTION AGAINST TE DEFENDANTS NOW HELD ON A JOINT AND SEVERAL AWARD THEREPORE UNDER SECTION 5500.5 5500.5 A JOINTAND IN AND OTHER DEFENDANTS IS SEVERAL AWARD EMPROPEEMPRROPER AGAINST THE DEFENDANT HERE- ' As noted in Section 5500.5 a Joint and several award may be issued against defendants where the j applicant election against those defendant employers employers ders y a ap . and has proven his case against them ! In In tthe he case finder consideration here here | at no time did applicant or applicant's counsel counsel counsel make election agains agains those that have now been held in under a foi foi : and several award Ye!ell . Therefore under the legal mulas propounded as the justif SL cation and hardship involved the joint and several award is improper and should be rescinded Page Three 6 @ 2 CONSIDERING CONSIDERING THE CIRCUMSTANCES CIRCUMSTANCES CIRCUMSTANCES OF THIS CASE INCLUDING NO 3 ELECTION NO FURTHER JOINDER PAILURE TO PLACE THE SOCIAL SECURITY RECORD INTO EVIDENCE AND TTHHEE FAILURE TO CONTINUE POR JOINING CARRIERS AND EMPLOYERS AN UNDUE HARDSHIP HAS BEEN PLACED ON THOSE DEFENDANTS HELD IN THIS MATTER To allow an applicant to proceed in this manner with vagus allegations vague testimony due to time involved and perhaps into physical health which is contradicted by later records not put j evidence and other records supplied by defendants and thereafter hold those carriers who do volunteer coverage and employment records | where obtainableobtainable in joint and several award letting out those | who did not bring forth records and coverage nor even appear <3 uniarranted and unjustified | It will lead to the withholding of records and information in the future to the detriment of all con- cerned appearing before the Industrial Accident Commission on cases 1 such as lengthy this There were many opportunities proceedings in this matter and for the i | the applicant during the | | Commission to request t of the applicant for further joinder and the obtaining of further | | j information therefore This was not done and therefore several hproeselntd a herein with others on a joint and award award defendant t a pardanis to those who attempt to cooperate on cases such as this as opposed to others who do not Therefore to hold joint and several surd surd under these circumstances is improper and & ... ............ ... aw THE CIRCUMSTANCES OF THIS CASE WITH NO ELECTION NO REQUEST ' FOR ELECTION VAGUENESS IMPROPER JOINDER CP MANY PARTIES FAILORE TO JOIN OTHERS DOES NOT WARRANT A JOINT AND SEVERAL AWARD AGAINST THE DEPENDANTS HELD HEREIN BUT AT MOST ONLY AN AWARD POR A PROPOR- 31 TIONATE SHARE ON A PERCENTAGE CR APPORTICAMENT BASIS POR THE AMOUNT ' OP EMPLOYMENT AND COVERAGEENVOLTED WITH EACH INDIVIDUAL DEFENDA Page Four ey | et e .~ - HELD AS COMPARED WITH THE OVERALL PERIOD OP EMPLOYMENT nu As previously indicated to hold the defendant herein on Bi I joint and several award for the entire amount where they have a comparatively minor percentage of the overall employment and uw coverage under the foregoing circumstances is unwarranted unjusti- | fied and puta an undue hardship upon them under While the Labor Code allows such a Pindings and certain circumstances which the defendants contend Award 1 have not been complied with here it is felt that it is not warranted in this \ case A considerable monetary amount is now presently presently involved a considerable time will elapse before reapportionment can be secured and to have the defendanta herein carry the burden until such time | considering the many gaps in employment coverage admissions and evidence is unjustified | If the Commission feels that the applicant is in need of and entitled to immediate compensation and treatment regardless of the circumstances it is felt that this could well be handled by an | 1 award against the included defendants for a proportionate amount considering their coverage and employment as opposed to the overall history of employment and coverage considering the great number or defendants that are not as yet brought in \ 1 TV ., THE FIREMAN'S FUND LYDEMNITY COMPANY CONTENDS THAT WERK THEY COOPERATE WITH THE COMMISSION BY ADMIADTMIT TTI INGNG SHOWING EXPLOYMENT BY FILING AND SERVING A WAGE COVERAGECOVERAGACIES ALSO THEREAFTER HOLD THEM ON A JOINT AND SEVERAL AW^ ^ ^ WHO DO NOT SEE FIT TO COOPERATS TO ESCAPE SAID AW^ ^ A^ LLOWING OTHERS, SAID HOLDING AND NOT IN THE ALTERNATIVE HOLD THEM ONLY ON PERCENTAGE BASIS IS UNWARRAN AND UNJUSTIFIED CONSIDERDIG ALL OF THE FACTS AND CIRCUMSTANCES SURROUNDINSURGROUNDING THIS CASE Where in a case such as this the applicant has failed and refused to join other defendants and their carriers or to even Page Rive | investigate or check out the matter to so determine them and for | the Commission to thereafter hold the defendant Fireman's Fund | r 3 Indemnity Company in a joint and several award allowing others to | i excape such a continuing award places an undue hardship and burden { on upon the Fireman's Pund Indemnity Company and in effect penalizes | them for their scoperation and effort to resolve the matter | equitably Such action indeed does not encourage cooperation in future cases As indicated with all of the facts and circumstances surrounding this case Fireman's Fund Indemnity Company should only | be held on a percentage basis considering the long length of employ- employ- ment involve thde numerous employers and insurance carriers not | held in and the comparatively minor percentage of employment under | Pireman's Fund Indemnity Company's coverags as compared to the whole Therefore it is requested that the Findings and Award be rescinded | and that the matter be set for further hearing to more equitably determine employment and coverage WHEREFORE he defendant respectfully prays that this 1981 Petition for Reconsideration be granted and that the Industrial : Accident Commission reset this matter and make Decision After Recon- sideration making a more equitable distribution as to Findings and 11 Award and only holding the defendant herein on a proportionata or percentage basis 125118125118 12518 os: Hays and 5331 McLaughlin Hollywood Hollywood Angeles Blvd. Angeles 23 CC 1001 Spray Gould & Dowers 1571 Wilshire Blvd. Angeles i7, Clopton & Penny 539 South Spring St. Los Angeles 1" Calis, lis 00 American Motorista Inc. Co. 7.E.Carignan 3545 W12 Blvd. Los Angeles S@wfsrm Page Six STATE OF CALIFORNIA County of Los Angeles } VERIFICATION 443 mnd 20155 0.0.3 = 1 the underapgpy rt~advs - One of the Attorneys Attorneys for Pireman's Pund IIndemnnity demnity Company m the shove mnestled usion I have read the foregoing PETITION FOR RECONSIDERATION RECONSIDERATION know the consanda thereof and that the saw true of mes knowledge sorpr as she sgtare unkecib are dr tion for information or ballet and as to those matters that belivas to be made tion for in and on said behalf of the I defendant is for the and reason Semth Petition for Reconsideration being taken this case are within affiant's affiant's being taken I knowledge certify or declare under pensity of perjury that the formoing a tus and correct make that on this verifica the facta set the record of Iseruted Decembes 1959 a Jos legales ) a . legales an Len Aed / TL a vA shnanire ) Kangi Jones leaved copy of the within _ hts day __ i Received copy of the within Attornefayr this day at _, Attorney for ee PROOF OF SERVICE BY MAIL 1015 and 10148 tate of CalifORNIA } Ang of e LawlAna gels as & CComaroy mtaharyunodfarLeaisspArendgruinsge 1voawm tahned asgpeasofat nailglhttsiomnesyehaerreinanmdandionemdandaioned a collum of that Deated prosessting and a4upomaddlaegnetidnof the rosedenos not party to the within suum or prosessting that ie buemenn addsene 4 pastwia thspat stae ste therson raily in said action or proceeding by deposting a true copy there melamed in mmded a regularly managaned by the Grommanrdeopf otheinUniteSdtaSttateess ar^ubroom sifica nubstation ar mani haste or other like raza ), in the City of Los Angeles Califomnes addressed to the attometrecord de umd rundance the office = address or ma Giorn a jea dlnaa ra * curtily or declare under D 21 perary that the foregoing us us and corrECE . Before the Industrial Accident Commission of the State of California JAMES WHITCOMB RILEY Applicant YS Case 57 LA 182-835 Petition for Reconsideration LYNCH ASBESTOS COMPANY INDUSTRIAL INDEMNITY COMPANY at al - Defendants J A decision was filed in the entitled case November 27 1959 he i. i NEC > NEC 169 31 wal 3383 17 petitioner INDUSTRIAL INDEMNITY COMPANY decision and hereby hereby petitions for reconsideration upon the following grounds mis aggrieved by mid strike our items nat applicable 1. 1. By the order decision or award the Commission acted without or in excess of its powers 1. 3. The evidence does not jusufy the Sndings of fact 1. The findings of fact do not support the order decision or award In support of the above petitioner gives the following details including a statement of facts upoa which petitioner relies and a discussion of the law applicable thereto Aen ag eM L see ~<a ca 43 Pemgt MV > CONTENTION OF THE DEFENDANT + icy The defendant herein contends that the decision holding it o ; and other defendanta l^"able in a joint and several award naming it and others is not justified upon the facts of this case and that all all of the facta circumstances and evidence do not support such order or award as issued by the Commission on November 27 1959 The defendants submit that the lack of election by the applicant or in J the complete joinder of defendants by the applicant conjunction with the vagueness of the allegations testimony of the applicant does lack of correlation and other | discrepancies not justify the i | Joint and several award against those bald The defendant here | | contends that the holding of the defendant among others la not | justified considering the foregoing factors and that therefore this matter should be reset for a { more equitable finding | In the alternative if the Commission feels that the \ defendant and others now held are held for a proportionate share of considering the amount of coverage the status of the evidence properly held the award on a and employment they should only be percentage basla : over the whole and; STAIEMENT STAIEMENT OF FACTO Referee The statement of facts are essentially an set forth by the in his various various Reports of Referee on Hearing However tha defendant desires to emphasize certain facta a Ce ho a Pirat and perhaps most time made an election election against any of | employers or carriers applicant vee important applicant at no one employefico employefico carrier or group I 5 2 nate, - by le. Secondly at no time was any attempt the applicant for further joinder of defendants or joinder of . + . c urance_carriers urance_carriers of various defendants even after after coverage was denied by many carrierm of various employers No continuance at any time was ever requented for that purpose Thirdly after several hearings a report was obtained from -2- rary | the Department of Health Education and Welfare Social Sacurity 2 | Administration setting forth employers on this applicant from the i 4 year 1937 to his last employment At no time was any attempt ande 4 by the applicant for further joinder of these employers nor 1859 | the records even put into evidence and this in spite of the fact 6 | that the applicant's testimony was quita vague and uncertain probably due to the time element involved and perhaps his physical a ta condition It was quite obvious that the testimony did not concur 9 ; in a great many aspects with the Social Security Administration 10 | bi) records nor with various other records in evidence submitted by the several defendants In other words the applicant's testimony is 2 not substantiated in many respecta and is indeed contraverted At 7 | t4 no time was any attempt made to correlate the employers with insup ance carriars either from the applicant's testimony from the 15 | Social Security records which had not been put into evidence DO 16 | from other evidence and records brought forth 17 ARGUMENT 08 = 19 AT NO TIME DID THE APPLICANT MAKE AN ELECTION AGAINST THE 20 | DEFENDANTS NOW HELD ON A JOINT AND SEVERAL AWARD THEREFORE UNDER | 21 SECTION 5500.5 A JOINT AND SEVERAL AWARD AGAINST THE DEFENDANT 2 . HEREIN AND OTHER DEFENDANTS IS IMPROPRA 23 As noted in Section 5500.5 a Joint and several award may 24 | be issued against defendants where the applicant has made an 25 election against those defendant 26 | proven his case against them In employers: the case case and carriers and has consideration under consideration here an] | 27 at no time did applicant or applicant's counsel make election 29 , against those that have now been held in under a joint and several - award Therefore under the legal rules propounded propounded ta vell as the 8 8 justification and hardanip involved the joint and several award is 31 31 improper and should be rescinded 32 32 03- II CONSIDERING THE CIRCUMSTANCES OF THIS CASE INCLUDING INCLUDING NO ELECTION NO FURTHER JOINDER PAILURE TO PLACE THE SOCIAL | SECURITY RECORD INTO EVIDENCE AND THE FAILURE TO CONTINUR POR JOINING CARRIERS AND EMPLOYERS AN UNDUE HARDSHIP HAS BEEN PLACED ON THOSE DEPENDANTS HELDIN THIS MATTER To allow an applicant to proceed in this manner with vague allegations vague testimony due to time involved and perhapa | physical health which is contradicted by later records not pup j into evidence and other records supplied by defendants and ther4 after hold those carriers who do volunteer coverage and employment records where obtainable in a Joint and several award letting out those who did not bring forth records and coverage nor even appear is unwarranted and unjustified It will lead to the withholding of | , records and information in the future to the detriment of all } concerned appearing before the Industrial Accident Commission on cases such as this the There were many opportunities lengthy proceedings in this matter for and the the applicant during Commission to request of the applicant for further joinder and the obtaining further information This was not done and tohold | i and theref~ ce card presnta defendant herein with others on joint sey of the card presenta | a hardship to these who attempt to cooperata such as 8fencases this / as opposed to others who do not Tharefore hold a joint and j several award under these circumstances is proper and unwarranted III . REQUEST PAILURE THE CIRCUMSTANCES OF THIS CASE WITH NO ELSOTION NO FOR ELECTION VAGUENR93 IMPROPER JOINDER OF MANY PARTIES TO JOIN OTHERS DOES NOT WARRANT A JOINT AND SEVERAL AWARD AGAINST THE DEFENDANTS HELD HEREIN BUT AT MOST ONLY AN AWARD FOR A PROPORTIONATE SHARE ON A PERCENTAGE OR APPORTIONMENT BASIS POR TUR AMOUNT OF EMPLOYMENT AND COVERAGE INVOLVED WITH EACH INDIVIDUAL abe DEPENDANT HELD AS COMPARED WITH THE OVERALL PERIOD OF EMPLOYMENT As previously indicated to hold the defendant berein ca a i joint and several award for the entire amount where | theay nd comparatively minor percentage of the overall employment have a , coverage under the foregoing circumstances la unwarranted unjustified and puta an undue hardship upon them under While the Labor Code allows such a Findings and certain circumstances which the defendanta contend Award have not been complied with here it is felt that it is not warranted in this | case A considerable monetary amount is now presently involved a considerable time will elapse before reapportionment can be secured and to have the defendants herein carry the burden until such time considering the many gaps in employment soverags admissions and | evidence is unjustified If the Commission feels that the applicant is in need of | and entitled to immediate compensation and treatment regardless of the circumstances it is felt that this could well be handled by an award against the included defendanta for a proportionats amount i { considering their coverage and employment as opposed to the over- all history of employment and coverage considering the COMPENSATION great ( number AWARD AWARD IS TO INSUPPICIENT HOLD THEM UNDER SUCH SUCH AN PRESENT TIMB Apparently Industrial Indemnity Company has been held in upon their admitting coverage for the year 1950. This has been correlated by the applicant's vague testimony that he worked for the his assured Lynch Asbestos testimony was vague and Company in he admitted the year 1950. However that it may have been 1949 = en or even some other period of time The Social Security records not e -5- admitted into evidence does not correlate the allegation of employ- 2 ment with the admitted soverage The defendant Industrial Indemnity a Company contends that at this time the evidence is not strong i f enough to substantiate their being held in on a joint and several , award WHEREFORE the defendant respectfully prays that this its Petition for Reconsideration be granted and that the Industrial Accident Commission reset this matter and make Decision After Reconsideration finding that the evidence does not substantiate finding the defendant should be held in on a joint and several ' award on the present record and evidence DATED this fifteenth day of December 1959 | | Respectfully submitted | i HERLIHY & HERLIHY = /? Attorneys io ore fivicner 4 r f ! if i cc ce ** oc Hays and McLaughlin 6331 Hollywood Blvd. Angeles 28 Calif Spray Could & Bowers 1671 Wilshire Blvd. Angeles Calis Clopton & Penny 639 South Spring St. Los Angeles 14 Calif American Motorists Ins Co. Atta.F.E.Carignan Atta.F.E.Carignan Wilshira Blvd. Los Angeles Calif ae 29 29 8 8 31 31 12 12 -6- Starz op (Vrsiricarion ~ 648 end 3015.5 CLR) County Angeles Bou the INDEMNITY COMPANY attomeys COMPANY Corporation Corporation 2oa, ag mated upon mated for nformation belief defendant knowledge and mated for nformation and this are Reconsideration nformation belief behalf those belros to those the defendant be the reason Reconsideration knowledge affiant's being under within Reconsideration amsify Jaciare 15 15 , 1959 and a Angeles wey make this facta : LQ ived ived copy of with __ aived aived copy of wiithis PROOF PROOF SERVICE SERVICE MAIL State State State County County Angrias } 1Olte, ed 101ng CP.) Sen County County Los Angeles the age sightsen sightsen hans menund Co undersigned 2 raudience iy h^'pburuen and sightsen joan menund am of vow propanding whi the m whim autem misma! o a 0 he woh semen oopropparnedipnagaptropiandninggs6 chreeahdent at he At on on the maintained postage thereon Grommend United post substation substation mani creann other ta United atorniy on red mosiong maslope prenasd regudarty maintained maintained the Grommend of Sitten regulasimaintained maintained Grommend Gromend Grommend addressed sha atorniny 4 A mel Smee et ake4 ming Soe oD a Se on ! corny (ow declare ungay Pamaity 3: Seam on an Vthax the lewagoeng Wine and a. JAYES 4 . SHB RILEYRILEY RILEY 4287 4287 4287 E37 E37 LN ANGELIS 37 CALCI ALI ) NO NO GA I Bray SOLVD SOLVD SOLVSD OLVD LOS ANGELSI 28 C^ LI^ V0 79 170 LOS ANGELES 17 P Seca BERT US PARATO cay, ap ey eASE, 1523 re 1523 . ATIVE P. Bo". Na stew D. WICT : LOS AI CALD ree LTA PUTTIN, ete, ~ m 4 ae towers ea CAIT CAIT Pais ee types PES, Ravag ey * Calo, ig ease ak " . P V ET OURS, BCX 9067 LOKA LOKA P PO ONNCCH H 1701 MAIN CAL.P. ST 10 ANOLLES thetms a bo ne .. mea ... T =F, 1 ANL TLR " AND C TSE CLE CLE < ^' , CALT DOSIONALNI DOSIONALNI DOSIONALNI DOSIONALNI DOSIONALNI DOSIONALNI EUPIL EUPIL - Sh MOTO MOTO SILOHEAD BLVD IS 3540 WIKIPE WIKIPE ELVD wed 5 CALIF FIH ST i 4 V3. we 5TH . ti a ee 1 tte a ero "3207 . , we . ... ... ... Po ed w ete . . FU = . . 5- 113 CALI .) nO. LOS A Y a med ey poe SAT LORS, ew 4, -.TTLN . . 3., IIVS oc, ... 3 ... ... ee ee DES TELGRA WESTRN TELGRA UNION ARNTELGRAM 089 QA007 Q S7C143 HL PD TAY TAY SAN FRANCISCO CALIF 2 OTL AN KAPLAN REFIREI INDUSTRIAL ACCIDENT COMISION COMMISSION 501 STATE BLOC 217 WEST 1 ST LOSA PE RILEY VS. JOHNS MANVILLE INC ET ) YOUR CASE NO 132-53 IN VIEW OF DEATH OF APPLICANT ON JANUAJRY ANUARY 24 PLEASE ADVISE BY COLLECT TELEGRAM WHETHR PRE FOR FEBRUARY 7 AND I WILL PRE FOR HEARING SCHEDULED BRODECK PHLIGER & HARRISON 67 AL 182-835 24 78 78 67 314A FST FEB 3 61 \ 3-61 3-61 a ne ao a COMMISSION CASE BEFORE THE INDUSTRIAL ACCIDENT OF THE STATE OF CALIFORNIA REFEREE (1 CASE No. 57 LA 182-835 JAMES WHITCOMB RILEY Applicant | Notice of Cessation of Payments of - VS. and Request MANVILLE PRODUCTS CORP @ , ! corporation al Compensation for Termination Lisbility Termination of Lisbility _ Defendants NOTICE IS HEREBY GIVEN to the Industrial Accident Commission and to the employe that the undersigned has discontinued paying compensation under the last order of the Commission for the following reason applicant died January respectfully asserted and requested that 24 1961. liability Wherefor&e for further medical treatment and temporary disability should cease Temporary Disability Ended January 24 1961 Compensatihoans been paid in the rum of 40.00 7.620.00 7.620.00 7.620.00 . and to and including January 24 Number of medical reports attached herewich none The undersigned requests that the Commision make an order Last date of disability -per week in the total mm of 1961 case for temporary disability indemnity unless the employee objects object that the above entitled claim be set for hearing HERLIHY & HERLINY HERLINY Copy maded to applicant attorney and to the Commission on the 180 of my day 19_61 Attorneys @ See attached sheet for copied Nouns Nouns Nouns Nouns and reques for muntana iza berat pe masa reports the end repara min min copied copied copied FEK NO GAMY GAMY Beet en me pase om e PARTIES SERVED Industrial Industrial Indemnity SONS. Hays & McLaughlin Company P. O. Box 2252 Los Angeles 54 California 6331 Hollywood Boulevard Los Angeles 28 California Founders OOOO American Insurance Motorists Company 727 West 7th Street Los Angeles 17 California Insurance Company 3545 Wilshire Blvd. Los Angeles 5 Employers Mutual Liability Ins Co. of Travelers Insurance Wisconsin 3540 Wilshire Blvd. L.A.5 Associated Company 310 West 6th Street Los Angeles 14 California Oe Indemnity Company Box 2133 Los Angeles 54 California Liberty Mutual Insurance Company State 714 South Hill St. Los Angeles 14 Compensation Insurance McCartney Hall & Pund P. Bax 2134 Los Angeles 54 2 Weingand Tipton Ryan 639 South Spring Street & Los Angeles 14 Kendig Stockwell 611 so Catalina Los Angeles SClpirpatyon Co&uld - Sowers 1671 Wilshire Boulevard Los Angeles 17 Penny 639 South Spring Street Los Angeles California Brodeck Phelger & Harrison 111 Quattar St. San Francisco Californida \ e e aa ce ot iar cTovpwreg Ee rr ae BEFORE THE INDUSTRIAL ACCIDENT COMISSION OF THE STATE OF CALIF JAMES WHITO RILEY CASE NO 57 L.A. 182 835 NOTICE OF THR APPLICANT VS JOHN'S JOHN'S MANVILLE EIC A CORPORATION DEFENDANTS DEFENDANTS NOTICE TO ALL PARTIES AND PLACE cP FURTHER HEARDIG ) LIABILITYSUPPLEVERTAL ON THE ISSUE OF APPORTIONAT APPORTIONAT ORIGINAL OF NELY JOINED PARTIER DEFENDANT AND PENALTY FOR WILFUL FAILURE > TO PAY " COMPENSATION a 1.00 47LAN GR oe YP INDUSTRIALANT JAN JAN 13 1961 1961 WILLI oo, 467. CTAAT You are hereby notified that further bearing will be held in the entitled action at 501 STATE BUILDING BUILDING LOS ANGELES FEBRUARY 7 & , 1961 217 WEST FIRST STREET CALIFORNIA 9:00 A.M. TWO DAYS Dated at 1-18-61 Los Angelas NOTE CONTINUANCES AND FURCHTA HEARINGS HEARINGS ARE HOT PAVORED PAVORED SERVICE UPON SEE ATTACHED SHEET FOR PARTIES SERVED 6, BEFORE INDUSTRIAL ACCIDENT COLLIISSION COLISION OF THE STATE OF CALIFORNIA . JAMES WHITCOMB RILEY Va Applicant GASE NO 57 L.A. 183-835 183-835: re ORDER JOINING PARTE r DEPENDANTS NAVILE NANVNIANLVILLLEE INC A CORPORATION on AND<- WESTON ASBESTOS COMPANY 11. R. Tr CARPENTER PLAINT RUBBER AND ASBESTOS WORKS O. STICE COMPANY UNITED Manel CORK COMPANY CORK INSULATION COPANTY Sete INSULATION near NEINET CORK COMPAITY METAL CLAD INSULATION COMPANI OIL FIELD CONSTRUC TION E. J. BARTELLS COMPANY ISOTHER COMPANY JAMAR & OLEH COMPANY ASBESTOS } PRODECTS CHANTY UNITED PEACTORY CON- ) STRUCTION COMPARTY PHILIP CAREY MAITO- ) FACTURING COMPAITY RAISE DISULATION ) COPAITY LOS ANGELES CORK COMPANY } CONSTRUCTI'N HOUUTA STATE CONSTRUCTI'N COMPANY PIEREBOARD PAPER PRODUCTS CORPORATION PARRIFINE COMPANY INCORPORATED C. R. ) DUTTON C. A. LEIGHTON WESTON FIBRE GLASS SUPPLY LTD STATE COPIISATION ) INSURANCE FUND LIBERTY HUTUAL INSUA } COMPANY A CORPORATION THE UNITED ) PACIFIC RISURATICE COMPANY STANDARD ) ACCIDENT DISURANCE COMPANY A CORPORATION GENERAL ACCIDENT FIRE & LIFE INSURANCE CORPORATION A CORPORATION NATIONAL CORPORATION AUTOMOBILE AND CASUALTY COMPANY A COMPANY MONSTRIAL ACUVent ACUVent In ACUVent 847- In ere 847- Nid PILIO JAN 18 1961 Wilbim Wilbimm Wilbimm Wilbim ABDOMENTI varlan Dafandanta GOOD CAUSE APPEARINO THEREFOR munit munit IT IS HEREZY ORDERED THAT MESTION ASBESTOS COMPANY M. R. HERZY CARPENTER PLAIT RIBEER AND ASBESTOS OAKS EARL O. STICE COMPANY UNITED CON COMPAITY CORK INSULATION COMPANY NETHET CORK COMPANY METAL CLAD INS LATION COMPANY 112 FIELD CONSTRUCTION E. J. BARTELLS COMPAITY ISOTHIRI COMPANY JALAR & OLNEE COMPANY ASBESTOS PRODUCTS COMPANY TUTEcc REFACTORY CONSTRECTION COMPANY PHILIP CAREY MANUFACTURING CONPANY RETSE INSULATION COMPAITY LOS ANGELES CORK COPY IN STATE CONSTRUCTION COMPANY FIBREBOARD PAPER PRODUCTS CIRPORATION PARRIFINE CUPANTY INC CIRPORATION R. DUTTON C. A A LEIGHT LEIGHT ESTON FIBRE GLASS SUPILY LTD STATE COMPENSATION INSURANCE FORD FORD EN THE UNITED PACHIC INSURANCE COMPAITY A CORPORATION STANDARD ACCIDENT DISURANCE CONFAITY A CORPORATION GENERAL ACCIDENT FIRE & LIFE DISURANCE CORFORATION A CORPORATION NATIONAL AUTOMOBILE AND CASUALTY COMPANI A CORPORATION LIBERTY MUTUAL INSURANCE COMPANY A CORPORATION be joined as party defendants in the above entitled cause Los Angeles 1-18-61 SEE ATTACHED SHEET FOR SERVICE William Kaplan Referee INDUSTRIAL ACCIDENT COMMISSION COMMISSION ager ye are PARTIES SERVED JAMES WRITTOMB WRITTOMB RIZEY 447 TEST LAND ST LOS ANGELES 37 CALIF HAYS AND IT LATOHLEN 6331 HOLLYWOOD HOLLYWOOD BLVD LOS ANGELES 9 GADIP INSURANCE FOCHIDERS INSURANCE CO 727 11 703 ST LOS ANGELES VETERAN'S INISTRATION HOSP 5701 BELLFLOWER 17 CALI AND 5901 2 7TH ST LONG BEACH ATTN A. BLVD LONG BEACH E. PIERRE DE LAWTER 11.D. 1533 WILSHIRE P. WILLIS ISVERAR BLVD LOS ANGELES CALIP Ying THORPE JOHNS INC 929 E. 2ND ST LOS ANGELES CALIF TANVI INC 2960 LEONIS VERNON CALIF JCH12 INC BOX 1450 LONG BEACH CALIF MANY JOHNS INC ATTN BERG GILBERTSON BOX 9067 LONG BEACH SOUTHERN ASSISTOS & HAGHESIA CORP , 1701 N. LAIN .10 CALIF WARREN AND BAILEY ADDRESS UNKNOWN ST LOS ANGELES ASBESTOS CO OP CALIF OUT OF BUSINESS PLANT ROZEER & ASBESTOS Co. / PLAN DISULATION Co. 2741 30 ICS ANGELES RUBBER CO YATES AVE LOS ANGELES CALIP ADDRESS UNKNO MARINE ZIOINEERING CO 5933 TELEGRAPH PIEREGLASS ENGINEERING & SUPPLY CO ROAD LOS ANGELES CALI , 5933 TELEGRAPH RD LOS LYNCH ASBESTOS CO 2939 80. AUGELES SIMIOL DR LOS CALIP ROBERT J. LIRICH , DEA LISICH ASERSTOS CO ANGELES CALIP 2939 S. SUNOL DR PLANT INSULATION CO LOS ANGELES CALIFORNIA 2711 90. YATES AVE LOS NIGELES CALIP CALIP THORPE INSULATION CO1 2741 SO YATES AVE -CORNING LOS ANGELES CALIP , COAST PIRSKOL^ SS PACIFIC INSULATION COAST COAST DIV SANTA OLAR^ CALIF , AR STRI CORK PRODUCTS 2316 SAN FURMANDO D. LOS ANGELES CO 1206 MAPLE AVE LOS ANGELES 5037 PADARA ST SOUTH GATE 1ORGAN CHICAGO ILL WESTON ASBESTOS CO 675 TO #SED ST ve SAN FRANC ISCD CARTER 1. R. CARTER 907 FRONT ST SACRAMENTO CALIF PLANT FIBEER AND ASBESTOS WORKS 937 BINON ST SAN o - EARL 0 S7TICE CO 852 WLST DORAN CALTER KEARNEY UNITED CORK CO ST GLENDALE CALIF NEW JERSEY UNITES CORK COD 2704 30. SANTA FE LOS ANGELES 58 CALES CORK INSULATION CO 155 E. WITH ST NEW YORK 17 NEW YORK F NEINDT CORK CO 7101 METAL CLAD INSULATION 70IILE AVE NORTH BERGEN NEW JERSEY CO 1759 WESTERN AVE TORRANCE CALP OIL FIELD CONSTRUCTION CO OF BAKERSFIELD 2650 CHERRY , : AVE J. BARTELLS CO " 12 - 25TH AVELONSGOBEASCEHATT6LEC4 ALIWPASH : , ISOTHERM CO 605 WILLIAMS ST BAKERSFIELD CALIP JAIME & ONE CO 320 NORTH HANDLING CHICAGO 24 ILL : ASBESTOS PRODUCTS CO BOX 988 SAN DIEGO 12 CALE ; UN REFRACTORY CONSTRUCTION CO 1201 BANKVILLE RD PENNSYLVANI^ PITTSBURGH PHILIP CAREY 150. CO LOCKLAND CINCINNATI OHIO REESE DISULATION CO 6025 DISTRICT BLVD LOS ANGELES 22 CALI LOS ANGELES CORK CO 4180 E. WASHINGTON ^ LVD LOS ANGELES CAL MOUNTAIN STATE CONSTR CO BOX 7586 DENVER COLORADO FIBREBOARD PAPER PRODUCTS CORP 475 BRANION ST SAN PRANCISCO 19 PAGE 1 PARREPINE CO INC 475 BRANITAN ST SAN C. R. DUTTON C. A. LEIGHTON FRANCISCO WESTON FIERE 19 CALIF 739 BRYANT ST SAN FRAI~ ISCO7 CALIP GLASS SUPPLY LTD AMERICAN MOTORISTS INSURANCE CO 3545 WILSHIRE BLVD LOS EXPLOYERS MUTUAL LIABILITY INS ) OF WIS . 3540 ANGELES WILSHIRE TRAVELERS INS 00. 510 6TH BLVD LOS ANGELES CALIF ASSOCIATED INDEM CO 3CX ST LOS ANGELES CALIF ANGELES ANGELES PHOENIX INDENITY CO 2133 LCS 3750 6TH 54 CALIF FIRELAN'S FUND INS CO 3440 WILSHISRET LOS ANGELES CALIP AETNA CASUALTY & BLVD LOS ANGELES INDUSTRIAL INDUSTRIAL IDENS TYURETY 810 SO SPRING ST LOS ANGELES ZURICH INS CO 4465CO ILSHBICXRE 2252 LOS ANGELES 54 CALIF GUARANTEE INS CO BUD LOS ANGELES CALIP 1671 WILSHIRE ARGONAUT INSURANCE CO BLVD 1001 WILSHIRE LOS ANGELES CALIP PACIFIC EMPLOYERS 13. 1033 SO BLVD HOPE LOS ANGELES CALI EXPLOYERS LIABILITY ASSURANCE ST LOS ANGELES CAL CAL CORPORATION OF LONDON ENGLAND UNITED 639 SO PACIFIC NEW HAMPSHIRE LOS LITIES PACIFIC CALIP STANDARD INSTRANCE CO ACCIDENT 616 SO SHATTO PLACE LOS ANGELES GENERAL ACCIDIT INS CO 542 so KINGSLEY DR FIRE & LIFE MIS CORP 3535 M. LOS ANGELES 6TH ST L.A. NATIONAL AUTOMOBILE & CASUALTY CO 639 30. SPRING ST LOS LIBERTY MUTIAL DIS STATE COLPERISATION CO 714 DISURANCE ANGELES ANGELES CALI SO HILL ST LOS ANGELES CALIF FUND BOX 2134 LOS 54 CALIF HERLINY & HEALITY 412 6TH ST LOS NO CARTNEY HALL I TYAN 639 50. ANGELES CALIF SPRING TIPTON 12INGAND MENTIO & ST ST LOS ANGELES CALIP CKWELL 611 S^ CATALINA LOS . ST SAN SPRAY GOULD & COVERS 1671 WILSHIRE WILSHIRE ANGELES EVA CAL CLOPTON & PEINTY 639 SO SPRING J LOS ANGELES CALK BROBECK PHELGER & HARRISON ST LOS 111 SUTTER ANGELES CALIF FRANCISCO , CALIF bp eo ' JOON @ UMABEC . BNE Gt wd uicas aris Sollee 1424 @ 66 6 +46 3004168 3004168 IP Caur Datober o 1950 Mr. Kennie Jones Horlihy and Merlihy 412 noot Clits J -o4 angeles 14 California jeer Sr. Jones: %, JAMES Film .A.C .A.C WHI003 57 LA 182-835 . uu , 1959,1 1959,1 sat Samaritan to withows the perio raada the agv9 to the Hospital of the Gaod diagnostic lung biopsy to be , ymas raws After the thoracic cavity was opened a firm nodular Bass was acted in the sae rigas .sower lung. inferior and lateral portions of This pieae waa removed and se8 00 the Laboratory of saa Acspistal Sor frozen saction study Ts our gusprise, the frozen section report waI wast of a carcinama. Because of this finding a resecti ion of the entire right lower lob wae performed the estire specimen removed was then submitted for further pactholos.cal estuary, rm rm hasuhasurgic rgic irab1syrspor irab1syrspor irab1syrspor irab1syrspor " " a pno^'umocsniogis irab1syrspor irab1syrspor monsistent and sy the presence af cissue rsastion monsistent with an asbestosis SA acditiog this " had " a quamcus carcinoma which apparently showed a sv1tanca od a- stases to che reeicnal Lymph noces. pulmonary emphy- foma of an agostrussivea, S.nely vesicular SyDQ wags alsa Semaous trated patanlac.salie, Unfortunately Unfortunately there 1 to dis doubt to the 6x10 3, L pneumoc0110113 T ' one ape puruntly que que 09 ssbast sn 4 alati roo ) n and another wita SPe of Sissug resstian 1 13 is 2007 wisa diate r favtn yaagiat.on. Tid sravisy cussinoma : of the AOPs Ube ee 8) wens Haas The prucunca 2013 MAuVGLUNS GA Hee Joon sues of and carcinom joca wndr sa dienwwith Pyeunecod. CAAtingau bea x, ca Y N oaks; my igtioan] Puidy ; : ie a PET PIE I PE mene wry Prey aid wow Ma. atu, 4 oy Lindos + d Noi hapu Rling Rling 2 James Shituoml~- . A. card further treatment of shin patient na definitive treatment is indicated except to nradusa.colisfior nradusa.colisfior nradusa.colisfior benafi of the proseating Nymptoms Fool certain that his present physician will insist on nia takia IPFE treatmenta but those are knowingly only palliativa Nevertheless I pranumo that any treatment fled which will Make him feel better will ba Juati- 2% La impossibla " 007moitfoate 43 to the learth of 120 tara condition will continue in most instances tha condi- tion A slowly propress170 three co Hive years would be I boli978 a provadly as maximum Qoar BJ period of ou might 52088 Thank you for the privilage of being permitted to follow this latermesing case vorrat Vary truly yours --,---- ------,---- ------ ----,------ ---- -- ------,---- ---- -- -- Yohn H. Wrabee H.D. seat tee. r eee tee a, rE iy ee ee e Perma A ener ae teateat qe wave apy FeO APPLICANT cat a CLAIM NO 3 er > Fh EE ete 784784 .535 .535 .535 { DDEEFD EFNECANNCTAe NDTEFDEEFDNEEm NCCFAAENNTNCTA1N1-T16-59 EXHIBIT 1 -16-59 11-16-59 11-16-59 A 11-16-59 1-16-59 - of > Q 0428 No. 57 L.1.182 835 JAMES WHITCOMB RILEY vs Referae GEORGE A. MARTINELLI MARTINELLI Dictated August 30 1957 Dictated August 30 1957 MANVILLE INCORPORATED & corporation SOUTHERY ASBESTOS & MA~ NESIA a - ation ASBESTOS COMPANT OP CALIF^ RNIA PLANT RUBBER & ANGELE ASBESTOS COMPANY LOS RUBBER COMPANY MARING ENGINI ING COMPANY a corporation FIBERGLASS ENGINEERING & SUP COMPANT a sorporation SCRES 0. LINCH an individual daiz Lynch isbestos " business as Company and Lynch Asbestos INSULATION Company & corporation PLANT INSULATION INSULATION corpor ation COAST INSULATION PLOD- UCTS a corporation ARMSTRON CORK COMPANY a corporation J. T. THORPE INC a cerper ation ASSOCIATED INDEMNITY CORPORATION a corporation PACIFIC INDEMNITY COMPANY a companion FIREMAN'S FU^ D INDEMNITY INDEMNITY INDEMNITY COMPANY a corpor ation ASTNA CASUALTY & SURS COMPANT a serperation IMUS- TRIAL INDEMNITY COMPANY a ear paration PHOENIX INDEGISY COMPANY & corporation EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN a corporation GUARANTEE INSUE ANCE COMPANY corporation AGONAUT INSURANCE COMPANY & poration AMERICAN MOTORISAS INSURANCE COMPANY a corporati corporati ZURICH INSURANCE COMPANY PACIFIC EMPLOYERS INSURANCE COMPANY & corporation THE TRAVELERS INSURANCE COMPANY a corporation Injury 1957 Sept.1956 to May 19 # William T.Hays by John P.Molaughlin P.Molaughlin attorney for applicant Delano Stalvey representative for The Travelers ha A.G.Ewing representative for Assoc.Indea.Corp Herlihy i Herlihy by F.George Herlihy attorneys for Phoenix Indes.Co Fireman's Fund Indem.Co Argonaut Ins Co. Pac.Indea.Co Pac.Indea.Co Ramilton representative for Astma Cg8 - Surety Co. Charles attorney for Indus.Indem.Co I mm ern . : CRslayPas eos ete, + ry soe,a ne Veterana Administration Hospital the sum of 2,685.60 to Dr. C. Plarre De Lawter the sum of 105,00 and to Dr. John R. Shirey the sum of 331.00 as outlined in Finding 5 together with reim bursement under Labor Code Section 4600 in the sum of 150,00 payable directly to Dr. John K. Shirey together with such further medical and surgical treatment as may reasonably be required to cure or relieve from the affects of said injury as outlined in Finding 10 IT IS CREERED that the lien claim of Veterans Admini stration Hospital and the lien claim of Dr. C. Pierre De Lawter be and they are hereby DENIED IT IS THEIR ORDERED that Phoenix Indemnity Company a corporation be and it is hereby DISMISSED DEFENDANTS ARE FURTHER ORDERED to report to report to this Commission on Form 0-6 within ten days after the cessation of compensation payments under the above continuing award Copies of sald form and copies of all reports incidental thereto are to be served on all adverse parties before filing with this Commission GAM GEORGE A. MARTINELLI Referee INDUSTRIAL INDUSTRIAL ACCIDENT COMMISSION COMMISSION LA 132-835 JATED AT LOS ANGELES CALIFORNICALIAFORNIA NOVEMBER 27 1959 A 5 Exhibit A DEPARTMENT OF HEALTH EDUCATION EDUCATION AND WELFARE SOCIAL SECURITY SECURITY ADMINISTRATION ADMINISTADMIRNISTRAATIOTN ION ADMINISTRATION October 17 1958 Industrial Industrial Accident Commission Attention Mr. George A. State Building Martinelli Angeles Angeles 12 California Cantlemen Referee With your lector of September 3 from M James Whitcomb Riley you enclosed authorization age and survivors survivors Riley to insurance send you a statement of bis through June 30 1957 1957 account for January 1 1937 . credited Earnings Earnings Follows are credited to the account for this period ag Happy Caw Rt 1 Box 1011 Sacramento Calif Period Ended Period Ended 12/31/37 Asbestos Supply Co. of Oregon 221 3.h. Front Street Portland Oregon 12/31/37 Western wabestos Co. 675 Townsend St San Francisco Calif Prin: Rubber & Asbestos fl Brannan Street San Francisco 7 Calif Wks Western Asbestos Co. Asbestos Co. of Calif , 742 - 15th St. San Francisco Calif M. M. R. Carpenter 907 Front St. Sacramento Calif . 12/31/37 3/31/39 6/30/38 9/30/38 3/34/38 6/30/35 E. 5. Badger & Sons Co. 75 Patts St. Boston Mass 6/30/38 Amount Amount % 45.00 345.31 345.31 230.00 176.61763.63 , 361.88 361.88 / 260.63 fo. e 180.00 180.00 70.00 Plant Rubber # Aabcatos Bay Chtiva Asbestos Co. Fifth Ave & East 12th St Cakland Calif 9/20/39 12/31/39 9/30/40 eae 20.00 100.00 80.00 80.00 py Plant Rubber 1 Asbestos 4 6/30/41 240.00 240.00 aa TCS Plant RuRubbbbeerr - AsbestosAsbestos 9/30/2 12/31/12 1,268.96 1,268.96 1,731.04 1,731.04 1,731.04 ale aM ; Ee Industrial Accident Commission - 10-17-58 Employer Employer Period Ended Period Ended . Amount Plant Ruboer & Asbestos 1,70449 Plant Rubber & Asbestos 3/31/43 6/30/43 3/31/44 6/30/14 1,458.87 1,541.13 1,541.13 1,541.13 1,7049 1,70449 1,295.51 1,295.51 Flant Rubbert & labeatod 3/31/45 6/30/45 2,049.00 2,049.00 951.00 Plant Rubbert - Asbestos 3/31/46 11 946.25 946.25 5/30/46 619.19 Harl D. Stice Co. 2102 Colorado Blvd. Los Angeles 41 Calif 6/30/16 9/30/46 ... 435.67 935.17 C. R. Dutton C. A. Leighton 9/30/16 woatorn Fiberglass Supply Ltd. 12/31/46 12/31/46 739 Bryant St. San Francisco 7 Cali5 168.50 574.55704.50 Marine Engineering & Supply 914 East Sacond St. Los Angelos 12 Calif Co.12 46 406.50 406.50 Marine Engineering & Supply Co. 3/31/47 6/30/47 Aabcatos Sacraments Angeles 20 Co St Calif 6/30/47 9/30/47 12/31/47 1,025.75 1,039.69 Wepren - Bailey Co. 350 So. Anderson St. Los Angeles Calif Roderick Lynch United Cork Co. Central Ave. Kearny N. 6/30/47 3/31/48 6/30/48 9/30/45 6/30/63 192.00 192.00 1.120.63 1.120.63 1,054.00 1,054.10,0504.00 _* 825.37 {7 108.00 108.00 Plant Insulation Co. 2741 S. Yates Ave. Los Angelos 22 Calif 12/31/18 Cork Insulation Co. Ine 155 E. 44th St. New York City 17 8.Z. 12/31/48 12/31/18 Merino Engineering & Supply 3/31/18 5/30/49 9/30/49 Industrial Emploter Accident Commission - 10-17-58 Period Ended 5. T. Thorpe Inc. 943 E 2nd St Los Angeles 12 Calif 3/31/49 | Amount Amo Amount u Am n out nt ? 36.00 Marine Engineering & Supply Co. Meindt Cork Corp. Avc 7101 Tonnello No. Bergen N. J. 3/31/50 9/30/50 12/31/50 3/31/50 6/30/50 610.00 168.01680.00 1.005.00 1.005.00 1.005.00 380.00 380.00 293.75 Motal Clad Insulation 1759 Western AVC Torrance Calif Co 5/30/50 9/30/30 1.079.51.0709.50 100.00 Plant Insulation Co. Inc. 3 7 Thorpe & Son 1351 Ocean Ave. Emeryvillo Calir Inc. 9/30/50 12/32/59 12/31/50 903.00 42 217.50 Marine Engineering & Supply Co. 011 Field Construction of Bakersfield Bakersfield Choa E. Manely Frank Vossela Grace M. 2650 Cherry Ave Long Beach 6 Calif E. J. Bartells Co. 12 - 25th Ave. So. Seattle 4 waan 3/31/51 6/30/51 6/30/51 9/30/51 9/30/51 Liberty Armstrong Cork Co. & Charlotte Sts Lancaster Pa 12/31/51 Flant Insulation Co. Inc. Frank E Scott & Jas.Q. Roberts Roberts Roof - Floor Co. 927 So. Main St. Las Vegas Nevada 12/31/51 3/31/92 Isothein Co. Rowell Smith H. Creene & E.2.Powell E.2.Powell 2100 Union Avenue Bakersfield California 3/31/52 6/30/52 Jamar & Olmeh Co. 320 N. Handing Ave Chicago 24 2116noi 6/20/52 9/30/52 . 9/30/52 12/31/52 12/31/52 Philip Carcy Mfg Co. Lockland 15 Cincinnati 15 Ohio 9/30/52 1,260,01,2600,00 954.00 954.00 767.25 1,694.81,6984.8 er A 5 2d TT OTE ELEY T 5 400 1,078.00 1,078.10,0708.00 259.50 630684158R Ss GAMEISTENFAN GAMEISTENFAN 1,582.58 1,582.58 1,542.81 1,542.81 41,55942..0801 459.00 GAMEISTENFAN GAMEISTENFAN 111.91119.99 GAMEISTENFAN GAMEISTENFAN Plant Insulation Co. Inc. Maindt Cork Corr 9/30/52 12/31/52 162.40 GAMEISTENFAN 230.55 GAMEISTENFAN Industrial Accident Commission 10-17-58 Inglover Inglover Period Ended Clark 3. Rocce Roco Insulation Co. 4025 District Blvd. Los Angeles 22 Calif 12/31/52 Wm W. Steigerwald Asbestos Products Co. P. O. Box 998 Jan Diego California 12/31/52 Percy C. Focer Alan 0 Coldwell Paul I. Ness UnitUendiUnittededUnited Refractory Const 1201 Bankville Road Pittsburgh 15 Pa 3/31/53 Philip Carey Mfg Co. 3/31/53 Clark B. Roece Reece Insulation Co. 3/31/53 Plant Insulation Co. Inc. Armstrong Cork Co. Clark B. Reeco Recce Insulation Co. Armstrong Cork Co. 1/31/54 6/30/54 2/31/54 Corning Fiberglas Corp. 12/21/54 Toledo Ohio Coast Insulating Products Corp. 2315 Sen Fornando Road Los Angeles 55 Calls Coast Insulating Corp. Products 12/31/54 1/32 3/30/1 12/01/55 Corning Fiberglas ---- -- Los Angeles Cork Co. Plant Insulation Co. Manville Manville Sales Corp. 22 E. 40th St. New York 15 New York 9/30/55 9/30/55 12/31/55 12/31/55 Amount r) 406.04060.00 545.20 545.20 1,181.75 + 7.90 349.03490.00 1,908,80 1,908,80 1,615,81,6105,80 144.00 144.00 1,029.00 1,029.1,00290.00 72,00 522.00 1.391.60 1,686.40 1,686.40 78.60 100.30 100.30 ' 174195 174195 174195 174195 63.00 63.00 13157.00 13157.0 13157.0 1,313.00 1,313.00 2,193.02,1903.00 910.00 130.00 c ident Industrial Accident Commission " 10-17-58 Employer Period Ended Touman Morgan Co. 122 S. Michigan Ave Chicago 3 1 Coast Insulating Producta Corp. 3/31/56 5/30/56 9/30/56 3/31/56 3. 7. Thorpe Inc. 9/30/96 12/31/56 J. 7. Thorpe Inc. 3/31/57 6/30/57 Totman Totman Morgan Co. 3/32/57 Mountain State Co. 7. O. Box 7586 Denver Colo Construction 6/30/57 Amount @ 1,371 1,664.00 1,664.00 1,6 4.0 1,164.50 1,164.50 234.00 375.20 1,527.60 1,527.60 1,340.00 2,005.32,0005.30 132.00 - 480.04800.00 Our recorda ployees are reporta do not show the not required to exact data of employment furnish this information since amon their Sincerely yours J. L. Pay maslatant Director - " S ' Exhibi 5 CALIFORNIA CALIFORNIA CALIFORNIA INSPECTICH INSPECTICH INSPECTICH RATING BUREAU 1453 Mission Street San Francisco 3 California December 11 Herlihy Park Central Suilding Sixth Street Angeles 14 California 1959 Attention Kennia T. Jones Gentlemani Ret JAMES WHITCOMB JOHN MANVILLE MANVILLE I.A.C Case 57 RILEY vs. LA 182-335 Please refer to your letter of November 16 1959 wherein requested the Insurance carriers od Picaso ba in connection with the above you advised that we have caption wish to advise that we have carefully checked our records and developed the following information Harry Cow - No record Asbestos Supply Co. of Orogon - No record Western Asbestos Asbestos Company State Compensation 1 n Ins Plant Rubber & Asbestos Works - Func Policy Polley Polley No record Asbestos Company of California " No record M. R. Carpenter - No record 9322436 9322437 9322433 11-1-36 11-1-37 11-1-33 2. 3. Badger & Sons Company No record Bay Cities Asbestos Company No record Earl O Stice Company - No record re Supply C. R Dutton C. A. Leighton " Western Fiberglass Supply Industrial Ind1e4 mnity Exchange > Pl 4460714 Policy 4460714 89316 Marine Enginosing & Supply Company No record Indemnity Roderick Lynch Lynch Industrial Industrial Asbestos Company Co. Folbey Policy Harren & Callcy Company - No record 6473-01187 6493-01145 : 4-7-47 4-1-48 4-1-48 6 , :y - A ed United Cork Company - No record Plant Insulation Company Pacific Employers 11 now known Insurance " Fireman's Fund Fund it 17 it 14 Insurance Co as Co - Thorpe Insulation Company - Policy 102549 5-9-43 5-9-43 / 5-9-49 Policy 105515 5-9-49 Policy 106710 5-9-50 Policy 107609 6-30-51 Folicy 107681 6-30-51 Policy Policy 110 107 Folsey 07 179877 128757 50-194562 50-194562 1509 3501 3913 1-1-52 . 1-1-53 5-1-54 10-1-53 5-1-54 10-1 10-1-54 10-1-55 Cork Insulation Company Inc. No record 5. T. Meindt Thorpe Inc. Facific Employers Insurance Co. >>> Policy 89117 10-1-46 43 11 Policy 101630 10-1-47 11 Policy 102082 10-1-42 48 Policy 105813 10-1-49 Policy 107557 10-1-50 Policy 107409 10-1-51 Royal Indemnity Co. = Policy RCS 94480,10-1-52 94480,10-1-52 94480,10-1-52 Pacific Emplfyers Insurance Co. - Policy 10-14744 10-14744 10-1-53 Policy 10-16224 10-1-514-71-55 Policy 33841 1-1-55 Motorists 19 Insurance Co. " Policy 431-898,1431-898-,1-1-56143-1-8958,1-61-56 Folicy 7CM 431-898,1-1-57 431-898,1-1-57 Cork Corp. - No record Metal Clad Insulation Company = No record 011 Field Construction United Pacific of Bakersfield Bakersfield Insurance Co. Policy 13353 1-1-51 E. J. Bartells Company Associated Indemnity Co. Policy 47-3752 47-3752 47-3752 10-1-50 Policy 475597 47597 475597 , 10-1-51 Armstrong Cork Company Employers Mutual Liability Ina of Wise -Policy 2212-39 Standard Accident Insurance Co 1-1-51 - Policy 718480 1-1-51 Travelers Insurance Co. " Policy 2047243 1-1-52 " Policy 2673804 1-1-53 Policy 3396210 1-1-54 Prank E. Scott & Roberta Roof & Floor Co. - No Indemnity Iscchein Company Rowell Smith 3. H. Greene & E. 2. Powa1105 Our records indicate this employers namo as Isotherm Industrial Compa Indemnity 50 + Policy 6515-01404 7-1 | Policy 5525-01112 7-1 Jamar & Olmch Company - No record Philip Carey Mra Company General Accident Fire & Lis; Assurance Corp. Policy ClClark ark 2. Reece Reece Insulation Company Argonaut Insurance Exenonge - Policy 50633 Pacific Employers Insurance Policy 3-31-52 28353 Employers 3-31-54 Policy 30045 3-31-54 Steigerwald Asbestos Products Company State CompeCompensation nsation Insurance Fund - Policy Polley 53 5-29-51 52 52 98790 515-29-51 5-29-51 98790-52 5-27-52 Alan Alan O. Coldwell Paul Mutual Mutual Co. Construction Construction Company Mutual Insurance - 11 I. Neff Policy WC 8-100069-52 Polloy 8-100069-53 6-1-52 6-1-53 ExhibitExhibit Waal + 7 e os Owens Corning Aetna Fiberglas Corp. Casualty & Surety Casualty 1 Coast Insulating Producta Corp. Guarantee Insurance Co. Insurance Co. - Policy 31-0-70CRA 9-1-53 Policy 31-0-733RR 31-0-733RR 9-1-54 9-1-54 Policy 31-0-78LAR 31-0-78LAR 9-1-55 56 0 Policy 206829 Lan 10-1-53 Policy 514978 5-1-54 55 * mo : Argonaut Insurance Manville Sales Corp. Travelers Insurance Insurance Totman Morgan Company Employers Liability Mountain State Construction Exchange - Policy 6736 5-1-55 Policy 95792 5-1-56 , Co. >> Policy 3955647 7-1-54 Policy 4979820 7-1-55 Assurance Co. - Policy 3119719 Policy 3148253 Company - No racord 1 a0 57 1-1-56 1-1-57 Los Angeles Cork National Company AAuuto to & Casualty Co. We trust this information as to you Policy 547121 10-27-54 10-27-54 Polley 572253 10-27-55 listed will be of some assistanow RAC Very truly yours R. T. Read Superintendent Underwriting Department // R. A. Oia Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit " + 8. The insurance carrier for Robert O.Lynch an individual doing business as Lynch Asbestos Company and Lynch Asbestos Company a corporation for the period January 2 1950 through December 31 1950 was Industrial Indemnity Company , a corporation 9. The insurance carrier for Plant Insulation Company a cor- poration from January 1 1951 to January 1 1952 was Pacific Employers Insurance Company a corporation and for the period January 1 1952 through December 31 Indemnity Company a corporation 1955 was Piruman's Pund 10. Applicant was employed by Coast Insulation Producta Car- poration for the period December 25 1954 through Apri9l 19551 during that period of time the employer's insurance carrier vas Guarantee Insurance Company a corporation 11. The applicant was amployed by Coast Insulation Praducta a corporation for the period commencing November 11 1955 through January 13 1956 during that period of time the insurance carrier is unknown 12. The insurance carrier for Armstrong Corx Company a corporation for the period January 1 1955 through December 31 1955 was The Travelers Insurance Company & corporation 13. Applicant was employed by J.T. Thorpe a corporation for the period September 21 1956 to May 19 1957 during that pariod of time the employer's insurance carrier was Ameri Motorists Insurance Company a corporation 14. The insurance carrier for Borning Fiberglas Corpor- ation Pacific Oast Division for the period March 1 1955 to Mares 1 1956 was Astna Casualty & Surety Company a corporation DISPOSITION 30 days to the parties for joinder parties a further Disposi will be made at the martinelle martinelle martinelle martinelle HERLIHY & HERLINY AMEY AMEY AT LAW Maret 1 DA ew CE61 OKN Are we a T L ANGELEANGSELES a CALIFORNIA CALIFORNIA TEL wend MAD oer July 22 1960 JUL 279 279 31 Coe, wERANONE Industrial Accident Commissioa 501 State Building Los Angeles 12 California Dear Sirg Re James Lymen 57 LA Whitcomb Asbestos 182-835 Riley va Company et al We enolose the following documents 1 ) I In accordance with the Commission's Rules of Practice and Procedure . As Defendant's exhibit next in order Report of Dr. John H. Urabec dated June 1 1960 Very truly yours KT: J pk Enclosure By ; Kennis T. Jones CQ1 Hays & McLaughlin Attention Mr. William 7. Hays ye > ss etwot Sre JOHN M UNABCC.M O. Peed J DEBITAL DEBITAL OFE wie ... i... k tmeEP OD OMMEL GRIP CANJA QARALA 1 June 1960 Industrial Indemnity Company 3460 Wilshire Boulevard Los Angeles 5 California Re RILEY James Whitcomb Claim No. 57-03-11487 Centlemen + eee ae Mr. James Whitcomb Riley returned to office on April 18 1960 for a recheck examination At the time of his visit the following interim medical history and physical examination were obtained He stated that he has been unable to do anything of late He said that his . ; lungs feel like drawn lightning He has no cough or expectoration A sputum gastric study was done recently which was reported as being negative for tubercle bacilli He believes that he has become noticeably more short of breath during the past eight months He stated that if he exerts himself it takes about a day to get over it He aleaps about eight to nine hours each night and can lie flat in bed without any dyspnea During the past year his shoulders have ached as though he had a bursitis On the level be can walk several blocks at a slow pace when he becomes quite short of breath and weak When he develops dyspnea it takes him at least ten minutes to get over it He is not aware of a wheeze subjectively Occasionally be is aware of a raw feeling in his trachea If he drinks something hot this sensation is slightly accentuated He seems to catch colds easily These are usually characterized by sniffles and elight throat irritation H he takes Coricidia be gets relief fairly rapidly At the present time he is no longer on Streptomycin or INH He stopped taking these drugs on his It is his plan to resume treatment for several weeks every few months own Ha was told that he had Photochromogenic bacilli He is not taking any ateroids but does take vitamins regularly His present weight is 118 iba When be left the hospital he weighed about 110 lbs He has had no ankle edema palpita o or pleurisy but has had an occasional ache at the site of the surgery He has indigestion occasionally for which he takes ampnojei he drinks milk be becomes constipated He has had no sympt^ma - relative to the urinary system Occasionally the muscle his back ache if he has been up for a period of time COMPE theright af Physical examination revealed a fairly well developerk^"ghly adult white male who did not appear acutely or chro, objectively short of breath at real undernourianed developerk^"ghly NORM ill and was not c seein sno atintitcaa fe - TOT ? ee walle oreintin Ane mae,oe ne at an aye: Maney Oe & wane mb Re James 2 Rilay ._ . ~ _ redo { u Temperature 98.6 Head and Neck Blood Pressure 142/88 Weight 120 iba Weight ae Eyes reactions and movements normal wearing glas008 Ears druma normal canals clear Note mucosa normal passages ample Dentition wearing upper and lower plates Pharynx clear Tonsils small smooth Neck no adenopathy or stiffness trachea deviated to the right Chest alightly asymmetrical lag on right right hemithorax Mattened Lunge impaired resonance thruout on the right breath sounds diminished on the right scattered fine moist rales at the right lateral base anteriorly and at the base posteriorly and over the left lower lobe posteriorly mod laterally The breath sounds were vesiculas on the left Heart regular rhythm no murmurs The patient was referred to the ray Department of the Hospital of the Good Samaritan for chest rays These were reported as follows anterior and lateral views of the chest show a fairly marked selective elevation of the right diaparagm and there is pleural thickening at the right costophrenic angle The appearance is unchanged since 7-20-59 Both lungs are emphysematous and there is considerable generalized pulmonary fibrosis which is also unchanged since the earlier examination The lungs bow no evidence of auft infiltration and no evidence of active or acute disease The cardiac size and contour are normal and unchanged // R. E. Rickenberg Objectively at the time of the above physical examination it was my clinical impression that his general physical condition had deteriorated slightly as compared with the examination in January 1958 He did not appear uncomfortable or ayapoeid at rest His decreased tolerance to physical exercise has undoubtedly been increased as a result of the removal of lung dssue at the ume of the operation when it was discovered that he had a complicating neoplasm To date radiologically there is no evidence to indicate any extension of this condition The pulmonary fibrosis and the emphysema appear relatively unchanged from about one year ago As regards further treatment I believe that this should be symptomatic No definitive treatment is indicated at this time Very truly yours - John H. Urabec } ms, \. ' C aet a in 8 PNP TNT aan end a ne a : 4 at if ok S| he a4 . . a2 . eyed : ed roof ta roy vad . 4 a ane j - } \ : ; : . e J CASE NO 57 L.A'182-835 6. Applicant chime employment by Plant Rubber and Asbestos Company Plant Insulation Company for the period 1942 to 1947 and during that period of time the employer's insurance carri^r . is unknowTI . 7. Applicant claims employment by Marine Engineering & Supply Company for the period 1948 to 1950 the insurance carrier for the employer during the years 1948 to 1950 was Pacific Employers Insurance Company a corporation 8 The insurance carrier for Robert 0.Lynch an individual doing doing business as Lynch Asbestos Company and Lynch Asbestos Company a corp for the period Jan.1 1950 through Dec. 31 1950 was Industrial Indemnity Co. a corp Insurance 9. The insurance carrier for Plant Insulation Company a corp January 1 1951 1951 1951 to January 1 1952 was Pacific Employer's Insurance Company a corp fireman's for the period January , 1952 through Dec. 1955 was fireman's Fund Ancid January 1 1952 period of Insurance Applicant was employed by Coast Insulation Products Corp 1954 through April 9 1955 during that time the employer's insurance carrier was Guarantee Company a corp for ing The applicant was employed by Coast Insulation Products the period commencing Nev.11 1955 through Jan.13 1956 that period of time the insurance carrier is unknown & corp dur- 12. The insurance carrier for the period Jan.1,1955 through Insurance Mo. a corp Armstrong Cork Co. a Dec. 31,1955 was The corp for Travelers 13. Applicant was employed by J.7.Thorpe a corp for the e period Sept. 11 1956 to May 19 during that period of time ewe the employer's insurance carrier was American Motorists Insurance Company a corp ae mire The Pacific Pacific Insurance carrier for Corning Fiberglas Corporation Coast Coast DiviDsiviisi oonn for the period period March 1 1955 to March 1 , was detna Casualty & Surety Company a corporation insulaterinsulater erat RECCAD Applicant He started working testified testified testified testified testified testified as as substantially as follows in January 1920 Manville Streats in Los Company Angeles This plant was located at 3d and Main no statad working for thom in January 19; he worked out of the office he worked at the Los Angeles Shipyards ne mixsa asbestos cement and applied it to pipes ne mixad powder applied : with water and dabestos material fibers were added and this was applied . to the pipes the conditions of amployment were very dusty & working inside of boiler rooms he was confined in small quartare & this work at the Los Angeles Unipyard was on new vessels but he Hi also worked on two of the cler Vessels the Harvard and the Yale 2 when they ware reconverted The 214 material on the boilers inc i pipes was removed and new Laterial installed by him mls earnings ; ee 2 CASE NO 57 L.A.182 835 w were 20 per hour working 48 hours per wenk He worked for one year L boilers employers From 1921 until 1925 he did various jobs for various in shops and at homes he insulated pipes and oil fields and in homes he was subjected to dust from the maturial and from the earth particularly when he had to go under homes to do his work he used the regular naterials for insulating purposes Warren Bailey He started working for this company in alther October or November 1925 on the power nouse at Terminal Island he worked for either a year or a year and a half he insulated steam turbines and boilers the material he used was of a clato- maceous earth component and asbestos binding there erable dust from this matemal He worked 44 hours a a dollar an hour was consid- week earning Southern Asbestos and Magnasia He worked for this company about a year or a year and half anding about July or august of 1927 at which time the company went into receivership he did insulation of hot water tanks for apartment houses he also worked in boiler rocks and under houses he was subjected to dust in this occupation He estimates that approximately 50 per cent of the time was under houses and 50 per cent of the time in bollar Toms. He used the ordinary materials for insulating pipes such as the diatomaceous 40 hours a week earning earth component and asbestos a collar an hour he worked Asbestos Company of California He left Los Angeles the latter part of 1927 after Thanksgiving and went to work for this con- pany in San Francisco He worked from around Thanksgiving until Christmas of the year 1928. He did insulation work on apartment houses using asbestos blocks he had to remove the old materials in order to apply the new materials and this created considerable dust He earned 7.20 a day working 5-1 days a week Plant Rubber and around Uhristmas Uhristmas Asbestos Coptany He worked for this company 4743 Gnoll 1934 ne insulated hot water tanks and steam boilers It was quite dusty ne used asbestos plocks Aircell and rock wool in the coller room and in the basements there was dust from the saterials and from the earth most of the time he worked in boiler rooms work was in boiler rooms he would estimate 75 per cen of the He believes that he worked for Pasco Company he was told in the latter part of his employment that thic Pabco Jompany book or Plan Number Number & Asbestos Company nevertheless ala checks were sti. Issuaq by Plant Bubber and 43- bestos Company On dit examination he testified that the work was not steady that he wasbut of worx 2or3 Shan 30 was employed but on 07095examination he said he worked pretty steady at one 342966 Nor a period of about 13 months Los Angeles Rubber CompanCyompany - orked for this company Decembar 1934 for a puriod puriod of acou six six months he did work on boilers and Boy Wal rWal r Celinaj ho ho used asbestop N 2 hygecght bea, wr wor frominsulating + RY ante eR oe Ter eA le ue a and op he ce la ed CASE NO 57 L.A.182-835 L.A.182-835 aoe and a matarial called High Temp he a activity boilers earned littin hazy about occupational activity he earned either a doldollalrar or an hour for a hour week applied rock wool blankets blankets this a dollar andandquarter quarter text Hi employment was in the Navy Yards where he worked at M Island from 1935 to June 1942 he installed asbestos in boilers he also wired the material about the pipes and then had to beat it to put it in shape this created considerable dust Hia net earnings after deductions were in the sum of 40.77 a week Plant Insulation Company He returned to work for Plant Lasulation about June 1942 and continued working until early 1947. Some of the work was done at Bethlehem Steel Company where ne covered pipes with asbestos using the same type of materials previously testified to He was a supervisor but also was subjected to dust in the ship unor construction the atmosphere was quite custy and the aif was blown out of the holas of the anips which created additional dust He was paid 2.00 per hour working 10 hours a day He earned about 60 a week He also Worked at Crane Shipard for Plant Insulation This was on repair of ships he used the same type of material previously testified to and amasita a pure asbestos fiber was also used Marine Engineering He started working about September 1948 on the power house at Redondo Beach he worked about 8 months his work was insulating he applied asbestos to pipes and amosita was also used He earned 2.25 per hour working 40 hours per week It was quite dusty but he was located in a large building He did some work on the outside and there was dust there from the materials used He estimates that about 50 per cent of his work was on the outside and 50 per cent on the inside On examination he stated he was not sure whether he worked i for Marine Ingineering in 1946 he may have Payroll report_sub- report_sub- e mitted by this employer shows applicant worked 52 weeks in 1949 and 21 weeks in 1950 Lynch Asbestos Company He did work for this company at the Me Mercury plant on Slauson and Eastern Avenue he states w that he started in 1950 however he may be incorrect on this he may have worked there in 1949. He states first that he worked about a year and then modifies this by saying he worked 5 months at the Mercury plant and then 10 months at Travis Air- force Base All of this High Top asbestos and work was asbestos that of cloth an insulator using All of this work was e inside work The conditions of employment were quito dusty He earned 2.50 an hour working 40 hours a week pg Insulation Insulation and Thor ay He started working for this company in 1051 and worked until 19 19 19 in this respect SEE payroll report filed by Tharpe He insulated staam pipes and water lot The asbestos fiber glass there was a of duste staady he worked off on earning 3.00 an boilers boilers WORK WORK 40 hours a week About 1954-5 he may have worked Company but he is not sure ene gg emer On NIT area are ares + 182-835 CASE NO _, 57 L. Armstrong Cor He states that he worked in the company for this company doing insulating work using asbestos 1935 year 1935 asbestos bleeka and other material this was continuous employment the con- ditions of employment were dusty he earned 3.25 an hour work- ing 40 hours a week The payroll records of Armstrong Cork show that he was employed from Dec. 9 1953 to 1-27-54 2-1-54 to 54 and 4-5-54 to` 12-16-56 During all of the above periods employment he did not wear a mask except at Mare Island 2-7of where he tried out a mask for about 5 minutes but discarded it Coast Insulation He worked from Dec. 25 1954 to April 8,1955 at Santa Maria insulating pipe he used asbestos material and tamp this was doors work and although he was sub- jected to dust the dust was not bad He was then sent by his local union No.5 to Nevada where he worked from Nov. 11 1955 to Jan.13 1956 as an insulator working with block and agnesia blocking this was outside work but the dust was blown into his face from the materials used Earnings were 3.25 an bour for a hour week 1958 His next employment was with Morgan Company this was from the period January 16 1956 to August 31 he insulated steam pipes and boilers he used asbestos cement and asbestos cloth and vermiculite he earned 3.25 an hour working 40 hours a week Conditions of employment were very bad he states ha found them as bad as he had ever experienced J. Thorpe Co He started working September 11 1956 to May 19 1957 he again worked as an insulator insulating boilers using High blocks and magnesia blocks the conditions of employment were very dusty Disability He has not worked since May 19 1957. The doctor sold him that be cannot work He noticed gradual shortness of breath starting approximately 2 or 3 years ago than there wa tiredness and weakness ha lost weight and with the snortnesa of breath there was a cough He went to Kaiser Medical Center at Fontana for an examination in June 1953 be was off work one day because of this examination He went there to inquire about CE snortness of breath and his weakness After an examination told him that he was all right They took no blood tast they or sputum taat Except for this one day off work when he was time from work uncil May of examined at Kaiser he lost no other 1957 It was in January of of 1957 that no went to the Los Angelas City Health Center and had an ray taken of his chost He was even- hay in hay qually sold thereafter that he had a spot on his lungs his conditiocondition n to his employer Thorpe und 1957 1957 he reported for examination who in surm Dr. Morgan he was sont out co ^ ScofilMorgaMofrgannor an examination On hia hia oWTI several referred him to Dr. this 27 and banalf he saw Dr. Chirey this ^'s ee Was about times thereafter the doctor 11dd 4 to be adnitted to the raterans Administraties the hospital July 10 1957 no past a0 1" recalving Uraatiane oe HEE e CASE NO 57 L.A.182-835 L.A.182-835 abe formed any lung biopsy on the applicant of On the basis the examination alone it was his di physical that the applicant was suffering from ^ chronic pulmonary opinion probable case with a probable pulmonary emphysema Fluoroscopic examination confirmed linear fibrotic processes going on in both lungs This could indicate that a tubercular disease was present A first Lab- oratory last of July 2 1957 reported Wetmount for asbestos bodim as begr The tests did not enlarge upon the basie diagnosis of pulmonary disease although the akin test excluded fungus diseases as a cause of the applicant's disability ^ further test for asbestos revealed three completely character istic aacestos bodies this indicated that the asbestos fibers were in contact with human tissue Laboratory tests also disclosed photochromogenic colonies of fast bacilli this is a gors similar to tuberculosia but is not exactly the same thing although its affect upon individuals is similar in nature For instaNCE tuberculosis is considered a communicable disease and the State requires that all cases be reported and quarantined this is not trus of the photochromogenic disease the Board of Health does not require report or quarantine This is something now and is being studies carefully but whether it is a communicable disease is not as yet conclusively established His diagnosis is not based on laboratory reports alone be bad to consider the applicant's work history together with his physical examination haing The rales detected at the lung base are characteristic of pulmonary fibrosis There was restriction of the lung bassa and this was confirmed by fluoroscopic examination Pulmonary pulmonary amphysema was present This is a part of the Also there was evidence of adhesions between fibrosia lungs and diaphragm There is no way of determining whether the applicam is suffering from asbestasi^ outside of a lung biopsy except to take into consideration all of the laboratory findings the examination findings and the history given by the applicaht With this in mind he still insists that the diagnosis as made in his report fa much more than a possibility but is the probable cause of the applicant's disability It is true that the Veterans Administra tion ran several tests on the applicant and finally came up with an original diagnosis of pulmonary tuberculosis active one month and at tos tina that the applicant had himself discharged from the hospital the diagnosis was pulmonary suserculosis activa 7 months - In his opinion the wnally inconsistant but could very well findings of the Veterans Administration are with the diagnosis of tuberculosis be consistent consistent with a photochromogenTiOcSSdis a teas RS, rt et Rang AR cee pee ce ere Re en 2 we e wer 8484 la no >... 0 - * CASZ NO 57 L.A.182 835 heapital In the Veterans Administration reference to pneumoconiosia . af es records there there Experimental Experimental studies conducted at animals who are exposed to minute high concentration indicate develop inflammation of the ticular case therefore it that lungs would fiberglass dust inhalation la not cant's condition Lak~fl aranas New York on vieles of fiberglass ia in a period of time they and fibrosis In this par< be difficult to say that contributing to the appli- He examined the applicant again on January 20 1953 diagnosia has been the same His conclusions at and his that the applicant was still suffering from that time were mation which was os111 pulmonary inflam fibrosis of the lungs waascttihvee so aumte itmhperoavpipnlgicatnhte wdaesgreweeakofand wd asolwatner and a new finding of anemia was made which condition corrected suffering from a It is his opinion that the applicant la He has pulmonary preumoconiosis fibrosis with of occupational origin^ is very difficult to features of asbestosis but it by other foreign dustssay sutchhat asthefibasebregsltaosssis fiosamngoltascsomprloicckatweodol 808. In other words there may have been other industrial hazard^ which are present It is not his opinion that the disease is the cause of the applicant's disability photochromgeni at this time for the reason that the photochromogenic disease usually starta at the apex of the lung but here first rays showed involvement of the base of both lungs and then later rays showed that the condition had advanced to the apex Usually in photochromogebic disease the first findings are in the apex and not in the base of the lungs On June 17 1958 he made a report to the Prudential Insura nc Company diagnosing the applicant's condition as pulmonary fibrosis with emphysema due to photochromogenic acid bacilli On April 18 1953 he made a similar report to the Occidental Insurance Company and on March 3 1958 he prepared an affidavit describing applicant's condo as monary fibrosis due to photochrogenic fast baddll It is the witness opinion and not merely a possibility but a reasonable cartainty that ha is suffering from an occupation pneumoconiosis asked whether a lung bispay would be helpful he stated that such a procedure is dangerous first of all the tissue to be examined must be taken this from the diseased portion of the lung and the surgery to portion of the lung may cause a catarioration of the condition Consequently he would not recommend it Usually asbestosis is found among those employees engaged in the manufacture of and in the former the product rather than cases the condition is who those use the resultof it omens X303478 With the history in mind Asbestos products ha instructed Or that the applicant Smith to make for asbestos bodies4 , DISPOSITION Appointment of an Independent Medical Medical under advisement of the Referee's SAM for 5 days decision in at which time this regard parties . . " : . 4 sre Barty SNCTre * POT ' E - - \ }if e kee or oe ee ed te iad, S did, . a _ ee Cand A " Peat ee \ once! ann a 4, a SE NO 57 182-835- be JAMES WHITCOMB RILEY .. REFEREE HEARING DICTATED COUNSEL JOHNS WILLE GEORGE A. MARTINELLMARTIINELI November 16 1959 INC et al 16 November 1959 INJURY In lasus Haya & McLaughlin by John F. Herlihy & Herlihy by Kennis McLaughlin T. attya for appl Ins Co. Industrial demnity Co. Jones Indemnity Co. attys for Argonaut Co. and , Phoenix Indemnity Fireman's Co. Pund In- Employers Liability Liability Aetna Assurance Casualty & JuFMTY Clopton & Fenny by Robert Co. Employers Ins Co. Wreisner attya for Pacific Spray for Gould & Bowers by Maurics Quarantee Ins Co. W. Bralley Jr. attys | Joseph Bilchak representative ti P. Carignan for The Travelers Ins Co. Weingand & representative Tipton for American Motorista Associated Indemnity Indemnity Co. by Claud Weingand attys attys for CH Associated LYMAN testified REPORT OF REFEREE ON FURTHER A. HEARING subBstRaEnWtEiRallMy.Da.s cfaolllleodwsby defendants.for defendants.for cross examination saw He is the a doctor of medicine applicant on behalf of specializing the in thoracic surgery He prepared his report as Industrial Accident original report dated independent medical examiner Commission and He October 16 1959. July 30 1959 and Because supplemental filed nia right lung surgery Because of a cancer of was was performed and the the report dated right lower lobe of the right lower Approximately 15 or 20 % of the proximately two lung was cancerous lobe was removed cancer was inches in diameter the size of The mass was ap- This is probably just present present at least six months a golf ball The an estimate estimate The age of the prior to the surgery established tell us As far as as cancer is cancer cannot be definitely why a cell will concerned no one so far is able to disability incapacitat percentage ted in his opinion increment to the over all The cancer in this or in what very very little to the aver all It contribu- The best ne can is that little disability hdeisiasbility How much cancer itself the lung was say is that it is concerned contributed concerned in this case something unable to state As far as the ing normal the cancer in itself awsosuulmding the remainder of not be pneumoclounnigosis employment There was some tuberculosis of it was removed tuberculosis The of the upper right lobe and moved there if the was a left The entire upper right were normal but in lobe would have view of a portion been re- present and the fact that breathing facilities that applicant needed all of the remove the could upper right lobe in his lungs If the applicant had except the cancer which was could return to work removed this varies a lot approximately with one month | after ? 5 before such a individuals and it may taki after person can return to pulmonary The last time the witness improving The saw the applicant f because the inability to work would not be cateheae only Under evidence of of tuberculosis was a ol^niel is due to medicationmedication the sputum was negative asbestosia Asbestos bodies Ne and the history of exposure were found 11- known Asbestosis totthoitshis product for a numbel numbel eh incidence of does in time become a disabling disabling tuberculosis and cancer is ars disease Tre is a complication of asbestosis greater where there there may have been other than in other cases cases It is true that dusts Bangle the pathologist dust in Mia report As besides sabestos involved indicates evidence of silica silica and here Dr. siderosia far as fiber glass la concerned there is a divergence of Opinion as te divergence opinion to wheather it wlll or divergence opinion opinion pneumoconiosis pneumoconiosis The witness does not want cause cause predispose predispose ts a or predispose predispose firm & The Sima commitment on either either side question question ability . unable cancer cancer concerned disability concerned amallfar concerned can only result cer The The percentage percentage disability disabilidisabtilityy disability would the tuberculo ar f can- cane disability asbestosii now controlled greater than lesser factor tubercular which which controlled becomes factor far as the chest surgery concerned concerned the applicant's applicant's inte months provement reached now applicant's As has tuberculosia concerned is concerned within to be well under treatment treatment far concerned it asbestosis pneumoconiosis con el of probably improving pneumoconiosis improving concerned concerned the condition POTS If he could the patient again would If could pres sentee patient he his uwndersotanduing ld able to give the re- understanding PRea port as to under present condition condition It Shirey his and the applicant applicant the Dr. Shirey Shirey tuberculosis tuberculosis that under tubetube813 tubetube813 treatment left tubetube813 When ne left Veterans Veterana Administration Veterana Hoge Administration tuberculosis Hospital Hospital as whe relationship As conicgia far the relationship relationship between tuberculosis tuberculosis conicgia makes following following observation patients become per cent Thirty cent patients patients patients asbestosis of of tubercular become of cent with pneumoconiosis pneumoconiosis incidence one type another tubercular tubercular another general tubercular There tuberculosis lation no of The asveru agech la thirty persons the hundred popu- thousand thousand people people incidence has led scientific writers writers asbestosis clude is the many scientific con- theclude asbestosis asbestosis theory it causes a precipitating weakness individual tuberculosis individual tuberculosis on He lungs that it causes and believes that weakness of the individual and on tubercle bacillus bacillus bacillus therefore therefore the tuberculosis was precipitated the pneumoconiosis precipitated by the RAYMOND pulmonBaArNyGLE distension RAYMOND RAYMOND testified JR M.D. ination testified that he is a pathologist undertaking undertaking undertaking lung satnuddies 5 to him lower lower right of mmeedidasitianasl tinal lymph nodbeisopayMicorfoscopic on tosis tosis emphysema emphysema cancer inflammatory process air air pulmonary Pulmonary emphysema means the m sacs of Mepulmonary lungs lungs emphysema obstruction the result result obstruction passageways passageways passageways asbestosis the 4m AS 101 ammatory emphysema may Pneumoconiosis Pneumoconiosis result asbestosis asbestosis passageways aint ammatory process Pneumoconiosis caused caused as- 101 fibers Pneumoconiosis examination ianalation -- non- crystalline Pathologic diatomaceous indicated some silica fiber laboratory crystalline such such silica has shown ase glass glass concerned exposed exposed laboratory with animals animals that when pulmonary pulmonary fibrosia fiber glass been animals developed pulmonary fibrosia However However he has made able verify these these any person- person- ai al investigation investigation him . vericy these results COMPERSAT COMPERSAT made him sults COMPERSAT COMPERSAT COMPERSAT DISPOSITION COMPERSAT COMPERSAT che The matter stand aubmitcad. -- nea TarTS PS eo wR aby dit ctenrie cre bene or yer entre eT PT OPT YF ERY Bep IEEN TRIM PPR en , BL qe JAMES WHITCOMB RILEY : JOHNS va MANVILLE INC et ! vue Referee Dictated George A. Martinelli November 25 1959 Injury aa Beginning Jan. 1920 through May 19 1957, } AWARD PORT OF REFEREE ON FINDINGS & AWARD FINDINGS Insulator born October 23 pneumoconiosis due 1899 claims injury to the lungs Iany years The to employment activities for a period of applicant employment goes back to the started working for Manville year 1920 when which at that the was he located at Third and Main Streets Los Angeles time In his was subjected to dusts and asbestos fibers work Hla employment continued on with various employers and 1925 and thereafter he was employers between 1921 Southern Asbestos Magnesia employed by Warren and Bailey Company Los Angeles Corporation Plant Rubber and Asbestos Rubber Company Marine Engineering Company Lynon Asbestos Company Plant Insulation and Cork Company Coast Insulation Thorpe Armstrong J. T. Thorpe Inc. Company Morgan Company and : Applicant testified from memory at the hearing and as is usual in this type of for whom he was case he was unable to employed Hia recorda recall all the employers Social Security Administration and were obtained from the considerable number of indicate that there are a applicant's employers who may be responsible for the Their disability but who to date liability however can always be have not been determined on joined proceedings in accordance with the supplemental Section 5500.5 with previsiopns revisions of Labor Code PENSATIO The evidence in this case is quite clear that in the employments listed above dust and the applicant was subjected to asbestos dust silica fiberglasa dust The diagnoses have been determined allicosia asbestosis and tuberculosis As to the as between the diagnosis and fiberglass dust the relationship doctors is to the effect that in testimony of the where the animals were subjected experimental work with animals to fiberglass dust a fibrosis of the lungs developed It would appear therefore that the PENSATIO inhalation of fiberglass dust in this ability from which the case also added to thPENSATIO direct applicant suffers On this point attention to the case of Fireman's Pund Indemnity A.C. 11 CCC 151 where the court 9415 Although ther direct proof that the du t was si gate is available bearing the inference from the since no it was cannot be held applicant's reacti^ oe the unreasonable As noted ew have not previously all of the employers been joined and the evidence is who may have liabi to determine a fair inadequate at this apportionment of the liability We are SO compelled under the decisions decisions recently issued particularly in the 1.A.C. case of Subsequent Injuries Rund v 1.A.C. 22 CCC Page 100 and | the provisions of Labor Code Section 550015 to issue a BA Z~ several Award against the employers and carriers who joint and have appeared The scurt in the above case said that the employes can look to any one of his employers in the original proceedings and it would DEZYNE thus appear to be more in keeping with the general intendments of section5500.5 for the commission to make its initial determination SIZZLY SIZLYSIZZLY SIZ LY ND { employee elployers solely between then available leaving to apportionment as among the and one or more elployers or carriers supplemental proceedings the ultimata several employers We therefore find from the evidence that the named and the insurance carriers for the employers above severally liable for the applicant's employers are jointly and a disability which consists of pneumoconiosis and more specifically asbestosis silicosis and a complicating tuberculosis The applicant became disabled because of May 19 1957 which is the date of injury disease statute his pneumoconiosis on under the occupational The application therefore that Limitations was the filed on claim is May not 23 1957 and it is quite barred by the Statute of clear The applicant has been continuously totally disabled since that time After the action was filed and in order obtain a diagnosis the Independent Medical Examiner was proper operate on the applicant It was authorized to without removal of the impossible to perform a biopsy the lung The lower lung because of lobe of the right a cancerous condition of lung was removed The applicant is convalescing inclines to the convalescing view that from this condtion Medical the incident of carcinoma is opinion prevalent at large in patients suffering The doctors who from pneumoconiosis much mora than people and the testified were inclined to this view dated same fact October is mentioned in the report of Dr. John H. Urabeo 6 1959 As far as cant will the disability from from the surgery is concerned the be employable within within within within a very anort period of time appli- It is too acon at this time to determine the permanent disability resulting from the industrial exposure and we are diction to to reserving jurts- rate for permanent disability Earnings Earnings from the evidence are clearly maximum The applicant is entitled to be reimbursed for hia medical treatment to cure procured of relieve from the effects of the injury Notice of the injury was given by the filing of the application upon those employers and carriers proceedings However inell responding to these I.A.C. 21 000 Page events under the case of Simi 10 we find there was no neglect by pees applicant in demanding of the various employers medical A at the time when he did nosembly know what his disabily ey The Veterans Administration Hospital has filed a lien &/- of 2,665.60 for treatment rendered at FS: their facilitie facilitie said rembursement this item should be paid directly & Veterans Administration Hospital , There is a lien on file in the sum of 105.00 by Ori C. By Lawter However Dr. De Lawter was the anesthesiologist at at time the lower lobe of the right lung was removed and the bill also indicates that copies were served upon the defendants It is assumed that this bill has been or will be paid in accordance with the defendants prior authorization and the finding of medical reimbursement will allow Dr. De Lawter the sum of 105.00 Lien to Dr. De Lawter is denied Applicant has incurred medical reports in the is for treatment The is payable 4600 since directly to saia report obligations for edical treatment and sum of 481.00 3351.00 of this amount sum of 150.00 for medical report which Dr. Shirey is reimbursement assists the applicant in under Section establishing hia -2- hE Dcalin eB ece a ih aera sane claim The bill be a final bill for treatment treatment by Dr. Shirey does not appear to Founders Insurance Company has paid the applicant the sum of 1040.00 as disability indemnity for a period of 25 weeks at : the rate of 40.00 per week beginning May 27 1957 and it la entitled to a lien for this amount It has also paid to the applicant the sum of 120.00 for hospital allowance but under the recent case of Fireman's Pund v I.A.C. 24 CCC Page 109 it is not entitled to a lien for this amount We are granting the applicant euch further treatment as may reasonably be required to the effects of the injury medical cure of and surgical relieve from Pursuant to is entitled stipulation of the parties to be diamiseed Phoenix Indemnity Company Applicant's attorneys are entitled to compensation for the reasonable value a lien against unpaid of their services in the Pindings PiPindingsndings and Award Party Party Defendant are above discussion Order Denying Glen submitted nerewith Claim and Order Dismissing in accordance with the GAMINN BEFORE THR INDUSTRIAL ACCIDENT COMMISSION THE STATE OF CALIFORNIA CALIFORNIA VAMES WHIT COME RILEY, ve, JCHNS MANVILLE, =NC., e al Applicant 57 LA 182-835N 182-835N MINUTES HEARING HEARING FURTHER FURTHER ) > f Defendants ANDELIO OFFICE COMMISSION ACCIDENT - COMMISSION COMMISSION 3 ceeat Of CALIFORNIA CALIFORNIA NOV I 17 56h f , WILLIAM KAPLAN IEGASTANT IEGASTANT Plaa ndc Tie me: Place Referee Appearances: $01 State Bldg Los GGEOERGOE RGHEarnA.ey MARTINFILLI Angeles November 1959 1959 a.m. ain, Haya & McLaughlin by Jonn 7. applicant McLaughlin attorneys for Herlihy & Herliny by Kennis T. Argonaut Insurance Fireman's Company Industrial Indemnity Co. Industrial Fireman's Aetna Fund Incemnicy Co. Phoenix Indemnity Co. , Casualty & Surety Co. and Liability Liability Assurance Company Employers Liasiiiey Clopton Pacific & Penny by Robert Wreisner Employers Ins Wreisner Co. attorneys for a P Spray Gould k Bowers for Guarantee by Maurice W. Insurance Co. Bralley, 4 Jr. ff Joseph Bilenak 7. Carignan representative representative fan Sop he Motor Associated Indemni Weingand Company Weingand Tipton Weingand appearing Claude Weingand appe.ringa,ppearing achusinsfi a TEITS Lyman Lyman Bangle Jr. M.D. Raymond Bangle Jr. M.D, Defendant's Exh4 ibit 2 2 = Cot , 1959 Hy oct. parties PHOENIX Uratec, COMPANY UPON ddismiisssed missed Order of diamissal lasue INDEMNITY COMPANY is dismissed order 2: dismissal 29 Aadue, --. Stand SUDML ised, som 3B new Lees ws om i aan ore ee 7g u er , TOI ae NCS aan vaeoge Q .0- . ACCIDENT HERLIHY ATORNEYS HERLIHY SUITE HE BLOG CEMPORA S~ Z AM : 29 Game VER FOLLEG 4TH 4TH 4TH ST 5 EW OREA LTE R. EXHQ_ REFEREE REFEREE LOG ANGALIS REFEREE TTLERDEN + NO 14 GALIPORSGA 17 bo EXHQ_ HAD 7 ata EXHQ_EXHQ_ Se NO aa LONE BELGM 8. CALIFORNIA TE MIELARUS BIEDR October 12 1959 Industrial Accident Commission 501 State Building Los Angeles 12 California Attention Referee George A. Martinelli Re James Whitcomb Riley vs. Manville et al LAC Case No. 57 IN 182-835 Gentlemen Enclosed please find medical report filed at this time on behalf of the defendants by Dr. Jonn H. Urabec M. D. dated October 5 1959. This medical report is being filed in compliance with the rules and regulations of the Industrial Accident Commission Very truly yours HERLIHY & HERLINY KJicc Enclosure ce Hayes & McLaughlin Attorneys at Law Spray Gould & Bowers Attorneys at Law -. = wer Joseph Bilenak Hearing Representative Travelers Insurance F. Carignan Esq American Motorists Insurance Co. Clopton Clopton & Penny Attorneys at Law Co. Wr: oO Tp Se RE * er MEASaOy ar. te rane. r gi ges-Pine eat Lo mern- REGINALD M. BMART M. JOSEPH / BOYLE D. JOHN 1. SKIREY M. 1130 WEST BIRTH STREET STREET LOS ANGELES 17 CALIF Hays & Mclaughlia Attorneys at Law 6331 Hollywood Soulevard Los Angeles 2b California May , 1959 TO PROFES~ IONALSERVICES Rei James #nittomo Riley June 27 1957 June 19 1957 Sept. 22 1957 1957 Initial physical examination completa medical history chest fluoroscopic- ray examination hemoglobin white blood count differential sedimentation rate and nematoc710 $ 50.00 2 skin tests 10.00 rays 5 chest views 40.00 Office visit skin test readings and report Gastric lavage 5.00 10.00 Review of file films and written report to attorney wo T. Hays 25.00 ConsultatiConsoultantion / fvd rene ser tte eror STs BBR ETS TPES TRE Sn - Cee ee a ae 5 reee ole 3 M. REGINALD M. SMART JOSEPH F BOYLE M. JOHN K. SHIRKY D. D. 1134 WEST BIRTH STREET LOS ANGELES 17. CALIF Page 2 Re James Whitcomb Riley TO PROFESSIONAL PROFESSIONAL SEMAVIGA Jan. 20 1958 check examination Chest flucroscopic rays 3 views b fed examinati~ a Hemoglobin white blood count and differential $ 150.00 150.00 10.00 7.50 23.48 Jan. Jan. 27 19 1953 1950 Feb. 26 1958 Sedimentation rate and hematocrit Consultation hemoglobin hemoglobin and Gastric lavage hematocrit Stoel examination check examination Chest fluoroscopy Hemoglobin white blood count and differential differential 5.00 5.00 10.00 10.00 5.00 10.00 5.00 Sedimentation rate and Electrocardiogram rays 2 chast views hematocrit 5.00 5.00 15.00 Noe / fud 15.00 252.50 me iatvoy ^' . .. ~ REGINALD H. SMART M. M. JOSEPH BOYLE STREET JOHN K. SHIREY 1134 WEST SIXTH STREET LOS ANGELES 19 CALIF Page 3 Re James Whitcomo Riley a O PROFEPROFESS IONASL PI ROFOESNSIAONLAL SERVICES bifud bifud 282.50 1.00 Mar. 4 1958 Apr. 17 1958 May 16 195 July Jan. , 1958 16 1959 2 notorizations Gastric lavage Recheck examination Chest fluoroscopic ray examination Chest films 2 views Court hearing Dr. Jonn X. Shirey 3 hrs chest fluoroscopy Rechecx examination maximal breathing capacity chest films 3 views 10.00 10.00 7.50 15.00 50.00 50.00 10.00 Jan. Feb. 30 19 1959 1959 May " 1959 Gastric lavage Chest fluoroscopic ray examination Chast flims 3 views Review of file films and written to Attorney a T. Hays report 7.50 7.50 25.00 12.50 5431.354301.30 OE ye * LEUS er I ete AE OF OR aes Neeg eA ee . REGINALD H SMART MO MO JOSEPH JOHN BOYLE M MIREY MD MAGHAT'gates MAGHAT'gates MAGHAT'gates MAGHAT'gates mILDING mILDING 130 61 6181m 6TELY Om amanda7 5 MADISGA 1987 May 4 1959 Hays & McLaughlin McLaughlin orn Attorneys at Law 6331 Hollywood Boulevard Los Angeles 28 California Ra James Whitcomb Riley Gentlemen I am writing at the request of Mr. Riley regarding his present medical stams and of my opinion regarding certain recommendations which have been made in his case by independent medical examiners To briefly summarize Mr. Riley's course since my last report of September 19 1957 the following comments are offered He left the Veterans Administration Hospital at Long Beach California on January 13 1958 after a period of six months hospitalization A final report from the Veterans Administration Hospital signed by Doctor M. Shapiro describes their findings of multiple positive spaturn cultures for photochromogenic Mycobacteria Mr. Riley was treated during hospitalization with NH 300 mg daily and Pyrazinamide 3 gms daily Mr. Riley was next examined in this office on January 20 1958 at which time be stated that he felt fairly well on limited activity but tized very easily He had had a recent respiratory infection which was improving He continued to have exertional dyspnea mild cough and unimal expecta ration of white sputum He stated that during hospitalization Pyraz~-na- made had produced considerable nausea and heart burn On physical examination his weight was 122 pounds a gaan of 3 pounds temperature 98.4 degrees pulse 88 per minute and respiration 24 per minute Blood pressure was 116/70 Examination of the cheat revealed slight lag over the right upper posterior chest Lungs were hyperresonant over the upper lobes with slight decrease in resonance at the bases were somewhat bronchial in the lung bases and criep crackle Bre crackle e tbe . e et we Ret James W. ry) ode > : May 4 1959 We examination was normal On luoroscopy a denak was again noted ^^ the right apex and apex and increased markinju were seen in the lung bases The diaphragma movad 4 cm and equally The diaphragmatie contour appeared fat in the lateral projection and the right ventricle was slightly prominent At this time Mr. Riley was advised to discontinue Pyrazinamide in view of the unfavorable symptoms while on this drug It was recommended that he start Dihydrastreptomycin injections 1 gm twice weekly and continue INH 300 mg daily Mr. Riley was again seen February 26 1958 May 16 1958 January 15 1959 and February 19 1959. These examinations revealed only minimal changes in Mr. Riley's clinical status until February 19 1959 as which time chest fluoroscopy revealed the presence of a roughly round density in the right lung base just above the coatophrenic angle Further ray studies were planned at that time and are described in the attached ray reports You will also find enclosed the summary of laboratory data obtained since our last written report of September 19 1957. You will note that the gastric lavage of January 29 1958 yielded a positive culture of photochromogenic acid bacilli but that the specimens of April 17 1958 and January 30 1959 were beganve In addition the ray report of January 16 1959 describes the occurrence of a new density at the right base which appeared to have increased slightly on the films of February 19 1959. It is also noteworthy that pulmonary function has deteriorated somewhat compared with the studies performed in the U.S.C. respiratory Laboratory by Doctor Hurley L. Motley on July 8 1957 On January l^ 1959 we found the vital capacity to be 73 of normal umed vital capacity 70 of normal and the maximal breathing capacity significantly reduced to 61 of normal Our diagnoses remain 1 Pulmonary fibrosis exhibiting the characteristic features of asbestosis with probable associated effects from the inhalation of silica magnesium fiberglass foam glass rock wool and diatomaceous earth 2 Pulmonary emphysema of mid to moderate severity secondary to pulmonary ^...brosis 3 Pulmonary inflammatory disease involving the apex and apex of the right lung due to a photochromogenic acid bacillus which has been designated Mycobacterium kansii A significant new development has occurred revealed by serial ray films to be a new denaity in the right lung base The etiologic nature of this change remains obscure however certain possibilities are to be considered Among these are a Superimposition of fibrotic lesions due to coniosis resulting from the inhalation of asbestos fibers etc accumulations of fibrous masue often occur in progressive periphery of the lungs and particularly beneath the pleura Ret James W. R. -3- J May 4 1959 membrane of the lungs b It is also possible that this new density represents a spread of the infection which has been present in the right of apex 1959 The negative bacteriologic studies of April 17 1958 ami January 30 speak against this explanation however however in the present an infection as indolent as this one has been those two negative resulta azo inconclusive and do not entirely exclude this possibility c is lung theoretically possible that a complicating unrelated infection in the could account for the new density seen on recent films however tha absence of obvious signs of sepsis such as fever increased cough purulent sputum and debility are strong points against this possibility d The most serious possibility to be considered is that of lung cancer It has been | pneumo- established that lung cancer is a not uncommon complication of cooloals due to asbestos inhalation It has been reported that carcinoma- tous nodules occur in those portions of the lung most affected by the pneumocomosis This would be consistent with the location of this new density seen on Mr. Riley's latest Elms It is also recognized that lung cancer is a specific industrial hazard of asbestos workers2. Therefore because of the occurrence of a new density on Mr. Riley's recent cheat possibility films the area where the pneumocomiosis is most dense the of lung cancer compels serious consideration and studies to establish 8 presence or absence are indicated Mr. Riley informs us that there has as yet been no official recognition of his pulmonary disease as being of industrial origin is difficult to under- stand how industrial evidence there could be origin for this Mr. Riley was any reasonable opposition to the acceptance of man's chest disease To briefly review the . exposed for approximately 35 years to heat insu- lating materials the details of which were fully discussed in our report of September 19 1957 Asbestos dust was frequently encountered during this exposure There was no other history of toxide dust exposure The ray films show pulmonary fibrosis of a pattern which is more suggestive of asbestosis than any other entity Asbestos bodies have been recovered from the aputura Regarding the question of exposure the original classical descriptions of pneumoconiosis due to the inhalation of asbestos particles refer to those individuals who were employed in the manufacturing plants Thus the classical descriptions are based on episodes of pure exposure However asbestosis has also been described among persons employed in the insulation industry one such case involved an exposure of only five years duration by an individual whose work consisted of covering pipes with asbestos insulation the dust hazard in that instance being produced by sawing and fiching the covering.3 The similarity to Mr. Ruley's case is striking expecially considering that Mr. Raley's that the duration of exposure was only oops COMPE Lue: th es ee fe ee em Met e Ee! Re James W. idley o4- ~~ May 4 1959 Mr. Riley reports that an independent medical examiner has a lung biopsy There are recommend ' several considerations If a lung biopay is to be done it should be lavolved in this proposre dune an area of maximal lung involvement La the lower portions of the lungs It should be dose on the right sido since it is possible that Mr. Riley may later surgery on that side and it would be unwise to jeopardizeretqhueirsetaetxutseonfsitvhee lesser involved laft lung unnecessarily In addition it be that if the right cheat is to be entered may desirable the of the surgically the diseased portina of apex right lung should be removed On the other band if a lung cancer is present in the lower portion of the right lung this would gready modify any surgical considerations involving the right apex recommended In view of all these considerations the following course is Mr. Riley should have a right thoracotomy performed by a thoracic surgeon If a carcinoma is competent the lower lobe present in the right lower lung then should be resected if surgically feasible leaving the upper lobe undisturbed provide This would not only remove the rumor but also adequate tissue for diagnostic study to establish the presence or absence of pneumoconiosis If a right thoracotomy reveals the absence of in the lower portion of the lung carcinoma then the diseased portion of the upper lobe could be resected and an adequate biopsy of the involved portion of the lower lung field could be obtained simultaneously for tissue study for pneumo coniosis . therapeutically The performance of a simple lung biopay without removing other diseased Hlasue is not recommended since this would and accomplish nothing represents an unnecessary and potentially hazardous surgical procedure designed to prove a situation which is already clinically obvious Our immediate recommendations for malignant tumor cells and are that Mr. Riley have sputum studies planigrams of the right lung base to better define the nature and characteristics of the new density described in the attached ray reporta He should continue to Isoniazid in the receive Streptomycin and present dosage schedule and should not exceed his level of restricted present activity He is totally disabled for the performance of any work at this turne Yours very truly JKS ( ( enc + a . ee de a pie i orpeic aen emp eae opera as as Ae cae . 4 BEFORE ... THIS SPACE +0 OCT 27 DOCIE N DS OCET ST Bit , # THE INDUSTRIAL ACCIDENT COobMs.M% ISSCIOMISION DOs Nee OF THE STATE OF CALIFORNIA Notice San Francisco Ofica 345 Mission Street Francisco San } Sacramento Office 631 " ScrooT Sacramento Fresno Ofice 412 Heim Building 1111 Fulton Street Frene il C. Pierra De Lawler y YILL and Request for Allowance niente of Lien Las Angeim Office 101 State Building La Anguim 12 CLAIM No. 57 11 182-935 . f. MEN CHAIN _1537 Filah Ried Long Beach Office Jergiso 214 Jergiso Tram Building 100 E. O Boulevard Long Beach 2 2 San Diego Off 1521 Fourth venno San Diego 1 tos Angales 1717 Gali1Gali1 man! ar ieewer ee Sad James Whitcomb Riley 7.7. Thorp Insulation Co. ERPLATES mere ne ee nee FLOWE ___347_x____42nd_itraat ___347_x____42nd_itraat ___347_x____42nd_itraat Los Angulas Angulas 31. Calif Calif Calif _2741 Yatas Best Los Angeles Calif . Firemans Firemans Fund InsuranCE cmeines oe me Rawas canadeg _3440.Kilahire _3440.Kilahire Blvd. Blvd. Angaina , CALLA es , The undersigned bereby requests the Industrial Accident Commushon m desarmino sad allow as km the 1913 B^ -One Hundred Five ~ ot .105.00 Dollars agribat any LESOWA~ now due or which may bereafter become payabis as compensation Mr. Janes Vhitcomb Riley on secount of injury nustained by hira os ____ MATE aanarR eanid aa This request and claim for liza u for Crou our parcs not applicandie 1 The reasonable expense incurred by or on behalf of and for e ectaajan^"injury or employer medical treatment to curt 2 31. injury living bus The trasomanie value of rapenam of und employee ar ji dependenta M^ QUESTLA COMPENSATION The ressonsole living expenses of the wide ar minor children or both of and employer where such employer naa deserted or is neglecting bu family or Jibaring The undersigned detiarms that he delivered or malico a copy of this lim cium to each of O01008 26 1939 MATE ol >. C. Piorre De Lawter EMPLOYEE'S CONSENT TO ALLOWANCE OF LIEN 1 comient to the requested allowance of lien eguizi~ wy cam pami~ tkom FM 130 ** 4.001 ATLY Poe ISLATtt beta) T eal ee nae Pitan Ont eae cg et rn De ee eS ho Ol Soha MRT ee me FBANK @ GOLLEY M.D. SP MANA MANA ONE, tne . EDWARD L Qveae M. KING . 5808 ar 1 Lan Solven LOG ANGELIST B gmens October 16 1959 Mr. George A. Martinelli Referee State of California Industrial Accident State Building : Los Angeles 12 California Dear Mr. Martinelli Commission Re James Whitcomb Riley No 57 LA 182 835 Conference 10/15/59 The above patient was examined in our office on 8/13/59 gelayed because of my absence from the This report has been feeling subjectively better The wound city At that Aime he was has healed well There is found to be a minimum amount of pain about the incision Examination of the chest No rales nor adventitious improvement Breath sounds sounds come were heard , through much better on the right He seems to be making steady This report is considerably out of date We set for next month and believe that understand the hearing was being he is coming in for an examination in the near future which will be more timely LAB Very truly yours ays and McLaughlin McLaughlin mliny and McLaughlin McLaughlin Copton McInerny And And Hollywood Hollywood S.Spring S Blvd LA LA 13 A ce ek wo , BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA Cam No. 57 In 182-835 JAMRS WEITCOMB WEITCOMB RILE Notice of Time TS JOHNS MANVIILE INC et el Applicant_ and Place of Further Hearing CROSS EXAM OF RS HALIMER AND BANGLE AS DEFENDANTS REQUZIT BOT 18OUT 54 Bladfl He Defendant | PILO OCT 5 - 1959 , WILLIAN KAS LAN NOTICE TO ALL PARTIES WILLIAN KAS LAN You are hereby notified that further hearing will be held in the mtitled action at 501 STATE BUILDING 217 W. FIRST STREET LOS ANGELES CALIFORNIA Dated at Los Angeles 1005-59 YOVEMBER 16 1959 : 9:00 .M HALP DAY INDUSTRIAL ACCIDENT COMMISSION FAVORED NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT SERVICE UPON Parties listed on attached sheet pb / D adn nT 104 Te eR athe dn woes age PY Parties served served Engineering James hitcomb hitcomb Riley 447 7. 42 vm 7. Hays 6331 St. Hollywood Blvd. LA 37 Founders Ins Co. 727 4. 7 St. 17 Veterans Adminat Hospital 5701 J. Thorpe , Inc. 929 E. Bellflower Bellflower Bellflower 2 Blvd L Manville Inc. St. 2960 Leonis LA Manvilla Inc. Lompoc St. Calif Vernon Southern Asbestos & Magnesia . Warren & Bailey Address Corp. 1701 N. Main St. wa Astestos Co. of Unknown Plant Rubber & Calif, Address Unknown Los Angeles Angeles RubbAesrbesCtoo.s ACdod.res/ s^...nPklnaonwtn Insulation Co. 2741 S. Yates Marine Engineering Fiberglass Engineering Co. 5933 Telegraph Rd LA Lynch Engineering & Rebostoa Co. Supply Co. 5933 Telegraph Rd LA Robert C. 2939 So. Sunol Dr. L Plant Lynch dba Lynch sbestos Inzulation Inzulation Co. Co. 2939 2741 S. Yates S. Sunol Dr. L Ave. Lut Cornig Owens Owens Corning Corning Fiberglass Pacific Coast Coast Inuolation Inuolation Products 2316 San Div Santa Clara Calif Armstrong Cork Co. 1204 Maple Fernando Blvd. L Armstrong Cariz Co. 5037 Ave. Patira LA St. So. Gato Totman , Chicago Chicago .11 Anar Motorists Ins Co. 3545 11lshire Travelers Ins Co. 512 W. 6 Blvd., Lat Assoc Indem St. LA . Phoenix Corp. Idem Box 2137 CA 54 Fireman's Co. 375u W. 6 St. LA Aetna Pund Indom Co. 344 Wilshire , Cas & Surety Co. 91 S. Blvd. LA Indust Indem Co. Box 2252 Ly Spring St. In Zurich Ins Co. 4465 Wilshing 54 Guarantee Ins Blvd. Co. Box 2987 LA LA Argonaut Ina Co. 54 1001 Wilshing Pacific Empl Ins Blvd. LA Co. 1033 S. Hope St. uy 5 ase Empl 25. Assur Corp. Ltd. of London England 639 9. Frad E. Curieran New Rempabire Herlihy & Curieran 35745 il i Blvd. LA Herily 412 W. 6 St. LA Pendiston De McCartney Hall & Gillaspia Gillaspia Pram 639 S. 3440 Will Blvd - L Sprey Gould & Bomora S. 1671 Spring St. LA Chopton & Penny 639 S. Wilshire Blv L. 17 Spring St. LA Dr. C. Pierre Veterana L^star H. 1533 Wilshire Blvd. LA Adminat Raspital 5901 E. 17 E. St. , & B. Att 10-30-59 A.P.Willia er a a de me ee ele ips mont Spe ce oes A Rae ac alle sesh ' Os ceed as Sere . os ~~ . . err een RE ears Sad ann 0 GUE Sheatirai omer 8 ere er os Cn er cee cr or 7 Sc ne LYMAN REWER AL D. EDWARD L. KING AL D. Industrial Accident Comm State Building Los Angeles 12 California fan Pootsmomal SEVICES 10to 14 ames BOULEVIES LOS ANGELES 3. GAMINIA Oct. 5 1959 RE James W. Riley NO 57 LA 192-035 4 7/26/59 Office Office visit $ 5.00 a 4 Chest ray 7.00 4 8/23/59 Office Visit Chest ray 5.00 7.00 parties except applicant's atty listed [ on 10-16-59 report of Dr Brewer [ 4 7 RECEIVED FLYGENT q _ na " 4 y CLOPTON & PENNY Attorneys at Law 639 South Spring Street Los Angeles 14 California Madison 7-1566 INDUSTRIAL INDUSTRIAL INDUSTRIAL ACCIDENT COMMISSION Los Angelok EXHIBIT EXHIBIT EXHIBIT OW neue % NO REFEREE RE James W. Riley 9. Manville et al Case No. 57 LA 182 835 Our Pile # 15726 and A Gentlemen Your attention ( ) Attacned for your is respectfully invited to the following please find duly executed Compromise & Release approval Iman I ) Request is hereby made for further hearing to permit cross examination of and A. Brevow N.D. & Raymond_Bangle Raymond_Bangle vn. presentation of rebuttal evidence ) Please enter our appearance as attorneys for ) The parties request that you withnold further action herein pending the filing of a Compromise and Release Agreement } Attached for filing herein are ROW Coples Coples sent 50 Hays & McLaughlin Pae Emp L.A. 71-0 4370671-0 43706 & 43707 September 21 1959 Very truly yours CLOPTON & PENNY By Robete Robete Robete Wen ROBERT G. VRETSOIR a: 8 ; ? 4 a ae 4 iA xa or a : ^' ay . | ( SEP 22 AM 9:00 |. { 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF , QEECKI THE STATE IFORNIA 2 i Claim No. 57 LA 182 835 S | ; * | JAMES WHITCOMB RILEY } 6 | 8 Applicant } 7 | VB 8 | JOHDIS MANVILLE et al | ) REQUEST FOR FURTHER HEARING =| 10 9 ) ; ; | Defendants j ! ) 11 1 " | | 12 | COME NOW the defendants in the above entitled matter | | 13 and request this matter to be set down for further hearing for | 14 the purpose of examining Dr. Lyman A. wer I 1959 18 18 | on his report of July 30 of presenting rebuttal and other evidence l , and ' 17 | = 19 | NNE NNE N | N N | | Dated this 21st day of September 1959 Respectfully submitted ea SE SEAL APS: 6s N ! arneys for Defendants Defendants CC N SEEN 1 Hays and McLaughlin Attorneys at Law 6331 Hollywood Boulevard Los Angeles California | SEEN SEEN | i} | SEEN | | OE | Tn \ ko NS Pee DWI &TARE: BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CLAIM NO L.A. L.A 182-835 ) AMES WHITCOMB RILEY } VS. Applicant 1 ) OHNS MANVILLE et al ORDER ADMITTING DOCUMENTARY DOCUMENTARY EVIDENCE NOTICE OSUFBIITNITTENTION TO Defendants Ce 1 GOOD CAUSE APPEARING THEREFOR IT IS ORDERED that the following documents be and they are hereby admittedin evidence Report of Dr. Raymond Bangle copy of which is attached dated July 13 1959 IT IS FURTFHUERTRHER ORDERED that unless good cause to the contrary be shown in writing and filed with this Commission together with proof of service thereof upon all days from date of cervice hereof adverse parties within Sa -t-S- this case will be submitted for decision decision RNFEKS RNFEKS RNFEKS LIBEXIZARIIST LIBEXIZARIIST DATED at Los Angeles California SION Refere INDUSTRIAL ACCIDENT er i This 13th day of Sept 19 SERVED = 9-18-59 : Corp. Hays & McLaughlin 6331 Hollywood Blvd M. Lavore Associated Indemnity L 28 111 w 7th St I P. E. Carignan American Motorists Ins Co 3545 Wilshire Joseph Bilchak The Travelers Ins Co 510 W. 6th St A Spray Gould and Bowers 1571 Wilanire Blvd LA 17 639 Clopton and Penny Herlihy and Hurliny s Spring St 412 W. 6th St LA 14 L 24 A H. V. McInerny Aetna Casualty & Surety Co 310 s Spring St LA 14 ans one y PH TaH a a Hospital Samaritan | The Hospital of the Good Samaritan Hey SURGICAL PATHOLOGY REPORT . Sum Path No 3578-59 ee Name : PAEL RILEY , MR JAMES WHITCOMB ) wore Adm Naoem emu eres eee et Alam Na 413 | Anunging qualor mem be L. Brower Ucte MD K Shirey M.D. _7-13-59 RLL blupsy ^lobe posterior nlatal nerve biopsy of rt upper lobe Specimen representing sal segmental resection of lower lobe of right lung consists of portion of lobe of lung wilghing approximately aproximately 95 271109 The visceral pleura for the most part is smooch and glistening However in one location the visceral pleura is somewhat depressed thickened by white or pale pink upaque tissu this zonu measuring 2.2 1.8 um in maximal surface ditension Henwath the thickened plour and extendi Into the basul segomut dceply is a poorly fined cor measuring 4.4 3.5 x 3.2 cm in overall maxlual dizension the rumor benracterized benracterized grossly by firm white ut faintly Brgy glistening tissue with chalky streaks with variantu amount of anthracatil pigmentation and with fuel of cystic necrosis Two blocks of this tumor were taken for frozen section purpose Frozen section diagnosin reported as large cell undifferentiated carcinoma with possibility of spinale cell variant of sarcoma or phenoconiosia in association with carcinoms The small amount of pulmonary parenchyme surrounding the clamor grossly appears to be involved by inflammatory process with perhaps mild dilatation of smaller branches of the basal segmental bronchi The second specimen consists of the remainder of the lover lobe of right lung together with visceral pleura is lobar bronchus the specimen partially smouth glistening weighing 170 grams and monthickened and The partially thickened by opaque fibrous tissue Close to t at the line of resection of the above specimen there is subpleural induration possibly representing small anvent of residual tumor Elsewhere in this emphysematous right lower lobe there is rather extensive pulmonary emphysematemophysuematsous alteratio umpilysematous most conspicuous in a subpleural location where the umpilysematous blebs measure up to 5 m in imal dimension The emphyser not infrequently is associated with areas of leage Induration as though in the form of irregular or linear vlorecaia, with or without variable anthractic pigmentation Large Large Large nodule webs of of ibrosis are are nodular caseous or cascoate structures not The evident neither segmental segmental broncal webs and tomir branches BENOMALITE .. branches 0265255 muroid material 1 acta e Be warned well put sponentexanik sponentexanik lu not with contain a observed The variable branchas of the pulmonary arteries pusar as mycosa athu romnatuus romnatuus Involvement with and Melamlar Hey saa ad Mee f_ oS via 4 Ye Cree emer hy 4 ' ame ey reer wo 86 TS bites Aue Be Sunny Suny Sunny Sunny Ore an SAP SAP i 6 by etsy 1. V. and Bin Clopton Jou B B cw he au Melnemy Melnemy . Avene cos. (ems Ld - meme. Smee st + TE Ak. vw? ? ! 1. arlene cepanaoan HERLIHY & HERLIHY > 1 dene AT LAW + PERMITE PERMITE CHEY + 1 188 14. GAUN a _ Fr PELAN HAQItem eee py 409 yO '10 1.FEREE ee 1.FEREE 1.FEREE August 25 1959 y LONG BRI BRI GOVICE RELAD COEUR 0 THE WOT G sn etd. LUORO SA~ L. CALIPOANI Tiasewend Meece 818 ED Industrial Accident Commission 501 State Building Los Angeles 12 Califortja Attention George A. Martinelli Referes a ie a - - Z 26 FEREE Re JIaAmCesClaWihmitcNoo.mb 57RiLlAey1v8s2. M8a35nville et al ; . P1 ne, Dear Sirs FEREE 09 We are now in receipt of the independent medical by Dr. Brewer and your examiner's report accompanying letter forthcoming It is our understanding that the Industrial Accident Commission plans no further action nor does it plan to limit further action until such time as the further requests for by Dr. Brewer are reports as indicated . . However in order to protect desire to notifynotify all parties the record at that they are this not time the defendanta to examine Cr Brewer and waiving any other doctors their sights des the auspices of Dr. Brewer concerning this case reporting un- Very truly yours Kies T. Jones GC Hayes 2 McLaughlin Attorneys at Lawr Spray Could I Bowers Attorneys at Law Joseph Bilonak Hearing Representative Travelers Insurance F. E. Carignan Esq American Motorists Insurance Co. Clopton 2 Penny Attorneys at Law Co. Sat Sate, 1 GEE 2 ro ve Industrial Indemnity Company Company Box 2252 Loa 54 Califorts The Aetna Casualty and Surety Company 810 South Spring Street Los Angeles 14 Calif Employers Liability Assurance Company 639 South New Hagabire Los Angeles Calif Cent) cme: RR JANUS WEIFRC ILEO Y M ve, -MAINVILLI et al L.A. 182 835 Ye have been requested to serve upon you bills in with the applicant's surgery Ne are sorry we do enough soples of the bills but the originala may at this office if you desire to do so connection not have be reviewed We are therefore sending you a copy of our letter of August 5 1959 addressed to the other defendants in this sass Yours very truly Eno QAMINN QAMINN cc1 Herlihy and Herlihy Attorneys Attn Kennis T. Jones 412 w 6th St L.A. 14 GEORGE A. MARTINELLI Rafefto .4%. ate tatewm > oar FRAT a 7 Mart <@ mm HERLIHY & HERLIHY ATTORNEYO AY LAW - BT 610 PAJE CENTRAL QUIEN AL WERT MAYA GINELT GINELT . . LOG ANBAL8ANBA9L89 14 GALPORNGALPORNA A wat isaarses 7.0011 August 18 1959 ag . 4 . Fits 20a sanentb ores eteer 7Heuname leg MAR BURG AND FILE es sod fs Ca rehe ome 6s BURG , . _EXHIB B 1430 yearn Heoway~~ _EXHIB Industrial Accident Commission 501 State Building Los Angeles 12 California Attention George A. Martinelli Referee Re James Whitcomb Riley vs. Manville et al IAC 57 LA 182-835 Dear Sirs We are now in receipt of part of the independent medical examiner's bill concerning the recent biopsy and operation The bills which this firm has received are directed to the Fireman's Fund Indemnity Company the Argonaut Insurance Company and the Phoenix Indemnity Company As you are probably aware we also represent the Industrial Indemnity Company the Aetna Casualty and Surety Company and the Employers Liability Assurance Company If these companies have not as yet been billed we would appreciate their bills being forwarded to this firm If they have been cent for some reason directly to those companies please let us know Very truly yours HEALIHY & HEALITY By X Nies ee x i saws on Feene Ne tadser Ia 2 10 is _R tA like ek : ey: i Fo . Merlihy wPpledAFOCRL wen, ~,Augst Spray SU *nok ra ITER 354 Atorneya Co. Aetna xOUCED Co. Asociated b.A. 14 Indemnity dated Ins InsCo. - Co. Asoh oY Surety BY WHITCOMB aq esnoy RILEY of Dr. JAMES, 1959. Dr. 2 @ herwith recivd coples wil RT Dr. Bangle Yours GAMIN GAMIN OT vel ce St et Yours Gheurosay recivd "yey UFoTseaysreaog 406 veT eT fy?T Sve? oR, OWT euaey et QEURGE . peqrtosy QEURG SPATE SORATE eas PUR $932 406 Wiyaz@uSaer fuveg(aR ORG pomiren ertwTA :: xoUDTIG 'fuseToy revwy Burade Sutade parewo pas PInoy eT WHE wlZ nok * RIOAT pus en *e Tue dutraoy Bosdrs YdeROr eTfudq NWtwyD *sed aleyTET ety gt rer orgSect AoTmS =,o*Eree o*yyerrR Tluap mouTROT+24 <o0p og pay eee yee A ED en ke Oe cee re v Deere ee ee a < PRANK B. D04124 -- ------ S-- OEW --EA -- 4 --< 0 EDWARD L KING M. oo N 3-790 3-790 7 x,t a uy ae 2 Ee DURG Pee ted AND SY,L CQaE eS ae July 30 1959 George A. Martinelli Los Angeles Referee State of California Industrial Accident Commission State Buidcing Los Angeles 12 California Re James No 57 LA Whitcomb 182 835 Riley Conference 7/27/59 Gentlemen On 7/13/59 right lower lobe lobectomy and a subsegmental resection of the right upper lobe was carried out at the Hospital of the Good Samaritan Copy of the operative report is included His postoperative course was uneventful however he needed to have a pneumoperitoneum established to push up the right diaphragm which was carried out successfully on two occasions during the postoperative course and which gave adequate expansion of the right lung to fill the night pleural space and permitted his discharge from the hospital on 7/21/59 He was examined in our office on 7/29/59 The wound is healing well The breath sounds came through quite well on the right side There were good breath sounds on the left side ray showed the right lung expanded with a pleural shadow at the right base We were pleased with his early course At surgery we found the shadow of the right lower lobe which was of increased density to be that of a localized squamous cell bronchogenic carcinoma R was for this reason that the entire night lower lobe was resected along with the lymph nodes instead of the previously anticipated localized resection er biopsy purposes With the right lower lobe lobectomy a subsegmental resection of the most serious appearing lesions in the right upper lobe was permitted This is a most unusual situation because it could not be diagnosed with certainty that a tumor was present in the right lower lobe coniosis and fibrosis of the lung as shown because of the extensive pneumoon the ray film The fact that this one area appeared more cense than the others and seemed to be increasing over the months and the fact that it could pe palpated readily when the chest was opened lead us to the surgical procedure outlined above Certainly the findings in this case are unusual yet the undersigned believes that this type of surgical procecure and surgical permission is important for a simple lung biopsy in this case undoubtedly would have lead to a second operation with added risk and possible complications SERVED 5-14-50 nn Hays and McLaughlin Herlihy and Merlidy Copton and Penny Spray Gould nna Bowers F. E. Carignan Joseph Bllcnak K. V. McInerny M.A. Lovore 1 POANE 0 00468Y M.^ . LYMAN A BROWGA IL M. % a EDWARD & SING Cveusm 7-0648 NO SO ; BRL QOnee BEWEovaoE . LAST LAST LAST C2 rE RM Re James Whitcomb Riley page 2- The pathological report has been made by Doctor Raymond Bangle Jr. M.D. of the Hospital of the Good Samaritan Although he is having further studies - mace on the pathological material in an extremely detailed spaced typewritten report he gives the following conclusion six paged single 1 active pneumo- conicsis principle etiologic component veing asbestosis pneumoconiosis with features resembling diatomaceous earth Further studies have been ordered by Doctor Bangle to more completely elucidate the irritating substanceS responsible for the pneumoconiosis although the above diagnoses have been definitely made 2 Associated mild bronchiectasis and broncholitis 3 Associated localized epidermoid carcinoma 4 Pulmonary emphysema and finally various pulmonary arterial vascular changes Thus the diagnosis of pneumoconiosis has been substantiated by the pathological report with asbestosis and diatomaceous earth as important irritating substances This process diffusely involves the right lung and from the ray findings the left lung as well The industrial nature of this disease seems to be clearly forthcoming proven although more detailed reports from Doctor Bangle will be This is a most unusual case but one we believe that has been handled well from the point of view of making the industrial diagnosis and at the same time for having the best possible operation for the patient There is the strong conviction of the writer that this should be the aim of all industrial surgery LAB Ve uly yours Lyplan A. Brewer HI M. D. FE Industrial Industrial accidents accidents E NJ057R State Bu27 570. 570. State RECEIVED ANGELES M. Martinelle Martinelle OS 01 | Buom X 413_ 413_ Duts 19-59-19-59- July | Mr. 1 | Bilby James FOR SERVICES % July PROFESSIOJuNlyAL i From July 13 then July 15 15 1959 1959 966 966 % R.N. ,, Loyce Anderson Address 59. . Ters Ginamora Hampden Hemas on 1uts : 3.131pm.11pm 3.11pm 3.11pm t ; Archivare l'as tautit Lic No. 8300 Bae cet Le Kj^,rK^ RDI 3 DO ST {08 120anco DOs tai na 1959 Mis mursten mursten 541.14 Accelist Industiil Industiil Common 510 State Buckling Buckling Los Calif Los Cangeles Cangeles 4 Common Date No. metin filLee, Y metin metin Sift/ 152-35 metin metin 152-535 Offs A 57 SERVICES 152-535152-535 5757 metin metin metin metin A- A- L.A. 152-535 PROFESSIONAL PROFESSIONAL PROFESSIONAL SERVICES FOR 0/15 0/15 0/15 5744.57 44.57 Let Pricele 0/15 T Prum ... a fe 4 i cee thr 7 PricelePriPcerliecele Pricele Lidl bo y To Autelness ee On LAY 27 oY, De: ( ma Qn * | ah - , , L., A - et LAY ... ieee : LAY ape . ot + _e LAY R.N. LAY ft ( sats Tunes on Duty 2 ee - Lae 55199 53898 55199 55199 Calif Law No. itezanveti l'astest l'astest t t r i : \ 7 a a 4 ok - ? Cee ee eer Se - Te , & , aos -) ~n . rey Sih Nadi . Ma toe aRaS ADK Sever sive aiid ig 27 JA re WHEN MAKING PAYNENT PLIAGE PLIAGE RETURN STUB JA et aes . 447 190D DAY Poy --...-- ---- ~ .NO " DESCRIPTION BALANCET CHARGES ; BALANCET el BALANCET me zy hans ae MAS Se Rane tig hu | " : 2.5L jae 750 maith Ka u~ tw+441 ... 12 oe) wt) 305 721959 , 175 " 302 054 | - Sader 18--8 A 14.50 t : PONT De J vee A2917 10 A2917 wii A2087 SUP 3200 ! 1@ 3200 | .% OBE | 6 43750 us |fe , IK| , . . . CREDITA | | BALANCE we X 75 F _w ae pe 3 .t f k +f d wR hoE ss | wise giers . ORE gas f te n rr a ode if Beet SP megs wee j t ma 4 yt 50 & 98222 98222 t 4 ne fe lawns fe Gowri B K ere ener 15 ' gp ame 14 2117 coi, 17 my - 08 61 20 21 - - cae 24 ;* fl 4 <1 3+ 10 " 250 i j : : } j j ) i & 974.52 936.57 : ! re hae 3. 977 1 tego oe , I ; i : .. ; i i L ; \ y . NOMIAL THE HOSPITAL OF THE GOOD SAMARITAN - -- NOMIAL ... ... ... NOMIAL ILPINED ILPINED h mage 10 1446629 7 Wee ete gee Ol 60am at nee , ay Wer ry ALL AS GRES APPLICABLE ARE FIQUOI^ IN Meas a ALL BILLS PATARE UPON PELSENTATE PELSENTATE PATARE Ramet <8 H 18 @actighei changes di credits an Seems Ol theme theme of pUER 4 marine 1916 1 ' Oe v In dijete a ... re fwrt + e he 13 . , - , . WHEN MAKING PAYMENT AVE TURM STUB Ahimrmenr PTT EES ' : 4 ' . . roy es aw Pw) POSTING [od -- ATE | 1 \ 1 1 2| DESCRIPTION , ' CHARGED ' CREDITO | { , ' ; { 1 i ' I BALANCE | , iwit rc = fa BALANCE FORWARD ; i at he, le HLF A i B | ; 4 Miety aie, 134 134 | PelG Win a, * 1.04 2 | ; ee : 8 Aeisx; a re SS nee ' Caner * ; en, | and24 Jae era { fe . 1 12 a Aib oe i & Lo Al 13 Al ere Oe AL | 14 Reb. ce ee 1200 ; L rh 15 871797 871797 > a 3.00 16 as 4 147 230 \ ! 17 1819 eee BUSS eae 17 : + 4.50 | : be 250 . [ i ] i woe 21 A /1DRUGS 22 A2171 ae 23 agde ale 244 C F +9+ 14.51 S@ 30.4 > 15 ) : ( To $ 2 aM j Sema OO pew : a) and ws ee THE HOSPITAL OF THE GOOD SAMARITAN a FIT 212 War 17 Labama Labama 17 CALIFORNIA APmicand ALL SALES TAZES The rescuevart rescuevart rescuevart i el charges de credis W porch | Jng time of pu Or ) eaten MADISON di 1301 KHO je acessary era res . re etc ... ... ...... ... ... yan KHOKHO rublP se rublP se pour sales AME kanj je ma acessary neu ; 2000 2000 aprile buna ' 7 7 5 ens + i aes : s Toe eotas oe ~ - & fore APOETha eBay in cht 1 , i .13 3000 ~ Tyr as , ' ' gf VILET set * 44 37 17 JANES 4680 ST 1950 eaetae 17 oo ae . pete ann SCUARERE Sa Industrial Industrial Accida 957-14-182-835 ssion J. T. Thorp ak : 3 q { . ' 7 i BALANCE FORWARD Mi859 sun^ " 2.50 181835 cu + 1051 ) 5 AL1959 ksa k " 19-59 280X 10 2.00 " 125 30.11 2 30 M1957 - M1900 , JK2054 JK2054 2 20-59 020-55 >20-50 tv TEA un" 17 6,411 GAL DALIS o 0.50 ** 10,5 ...X_X 082 # 3.90 arya Mer 6 425 " > A21.5A291.59 21-59 M21.56 612138 612138 CS ... Al tenes nt B 0.25 } 11.00 + 2.50 fi 84325 * 849.00 849.00 530 928.22 .974.52 . 94,702 a e832 889.00 x aT K 08 Be 43 +899.00 8-230 8-230 8 +837 637 A * K 630 0877 K 479 72 +8390 +9355+932552 ^' " " f ie Hee t ; fl I i" nee ABETICA ABETICA ABETICA ABETICA | ABETICA [ 1 ** ORM . ORM 23 23 i REFEREE i 23 | | So nem oe eich pt ; f a Ste BALANCE FORWARD FORWARD M15-59 LABKATEMI LABKATEMI ML15-59 LA b^lint 215-9914T 215-9914T 215-9914T 1829 MAR A16-59 Mason 8 6.00 % 6.00 14.50 SULUG fi 1.50 64925 664925 / 677.75/ 0677.75 K0-83 X00637 X108I3 X108I3 X yy AL16-59 NESSUNG * 1.00 K e@Tr 1659 1659 MUXJUAL MUXJUAL 6.00 K of T3 M16 AlunaG AlunaG . 1.00 K eait MALAGA MALAGA JAKAI ,> 8.50 K e837" M1559 ASJAG ASJAG ae 2.00 K 08335 AL.26-59 KEGESUNG KEGESUNG * 1.00 K 08335 216-59 216-59 1 ^ 1759Mih^ 17.59 h cutti " c .00 300 0 3.00 * 730.75 -73173 K eats X0 4735 K owl, AL17 ADATUNG ADATUNG AM17-59 UALES 4" 2.00 2 .50 K egris KX egize 2017-57 6 7 250 X AR17.59 ^ DATUAG^ DATUAG * 2.00 K ert? 111759 Dibm3 ACOIT 17-59 17-59 LakeLraker 19 3.25 c* 6.00 K eatTe} Ko oatTr a - ... ... 817.59 1- A41859 3117.492 3117.492 AANLAASE 8, . ML may ... 8 10.50 ' 79107 794.00 30.20 79107 7405 7405 19192200 presi see o ~ X0.6 8577 X Sy ans : { mac VE W ^ 52 : B } ANCE FORWARD . 70010 2 ' H122C H122C - 12 : Portle Portle 70010 oe y abe Shane thtnte ae 113 3000 ' - i Mee, X ; ct 13 ot 147 . I.A 10 odd ... ates 42ND 97 CALLT CALLT 11 11 ate | er ~~ e 44222225 25 angen ere | ee lad GALANCE nee 121459 LE eee een UMIDAT UMIDAT UMIDAT Te | J214-59 geet 7 a muerte AL14-59 j ff J166-59 LIST LIST 534TW jyTi 4-99 LANKAlt^/r eee AF40O0R0WARD25.DC 9.50 DORS | 23.00 80 7.50 84000 0752 0750 0750 009 ee eee 4 eee > weeds ladaie! 10 14-59 1 14-59 ee ee end ee $3059 14.1144.14--59 154.149-59 wee p TTT ALIN69 i j $B foe to eee eee! oo oe MP54 BRL 99 1459 ee ee ence b TH 161454 AL14-59 AL15-50 LIBRAILAT LIBRAILAT LASRATUMT LASRATUMT Ubailin! UMM GAT LA KATOR LAATUKI bulla t^...hi 144dibel 144dibel LSMAIDAT MAILICATE AL15.49 #KSUAG 150 ce 6.00 0 6.00 Afi 2.00 200 8 5.00 Afi 3.50 A 2.00 * 8.00 ,, ,4.00 15.00 * 30.00 * 10.00 023885 fi 2.00 0ATUNG 0ATUNG | 150 | . _e M- H 1 owreimatsg BY ; \ AFUU DAT 8 E 4 ; 1 oo. ; ; ; ; : ; X +837 X408331 X408331 K 833 X40633 X40633 8 0433 048833 K 0833 X40833 X00437 X00437 X0-637 K20831 X60833 7.87 X84637 . 1 i Kteal X008 603.75 003.73 K1087 9 1343938 COM ryyigi.7e tae X 683 ^ 87 X 08 - bees fl SR AHA FORWARD er a ae ee ca cn ee TT ee menaeaet mma Parte one ed me 20170201712 20170201712 20170201712 " ed ee = Ze 702 06A1 " 06A1 53 nx Tetdor ' = 2et ne ete q? - > CASE NO 57 L.A.182 835 i Spray Gould & Bowers by Charles P.Gamid - attorneys for Employers Mut of Wie Quarantee In fa 7.E.Carignan representative for Amer torists Ins Co. REPORT OF REFERES ON FIRST HEARING _ Applicant ADMITTED FACTS asbestoads as result born October 23 1899 clains of exposure to asbestos dust in various employmenta no medical treatment furnished no compansation paid no attorney's fees paid n^ arrangements ISSUES Employment OccuInpjuary tion Date of injury Liability for procured asdical treatment if any Earnings Disability Need for further medical treatment Apportionment Reimbursement to applicant report applicant 4600for filed John under Labor Code I Shirey to , . . Statute of Limitations Prejudice through lack of noties Section be Fer Stipulations on Coverage me Minutes The applicant did not appear since he is confined to the Veterans Hospital at Long Beach The parties appeared applicant's aturney and defendants and their carriers were present izcept Zurich Insurance Company a corporation After preliminary discussion Stipulations and Issues were framed Fiberglass H. McInerny representative & Surety Cal stated that appearing on behalf of Aetna Casualty Engineering and Supply Company in the latter part of 1952 was insured by letna company pur- based Marine Engineering Company The records of Marine Engineer- Lag Company were retained by Fiberglass and these records show that applicant was employed by Marine Engineering for two months in 1988 3 months in 1947 one mouth in 1948 12 months in 1949 months in 1950 and 6 months in 1951 and that during that period of time the carrier was Pacific Enolayers Insurance Company a corperation ; IT WAS THEREFORE ORDERED THAT Pacific Employers Insurance Company & corporation be joined as a party defendant there another company applicant for which applicant worked its its applicant's attorney's impressi^n work Chicago Chicago Illinoisde- hat this was performed for a company in all check this further and advise us within 10 whether be days aires further joinders of employers will be set for further bearing at or carriers the Veterans whereupon Administration the matter Non- patient Administration pital at Gong Beach there is a ruling there that the morning etd, more cannot the days It was be detained suggested that than half a the matter be day this to days the set for two Mee morning in the .M .M applicant DISPOSITION ireupon the 10 days to matter will to advise be set for further hearing ble Joinders hearing hearing atthe + ate Noah we CASE NO 57 .4.182 835 hearing thaep Beach Veterans Administration Hospital at Long Hospital be set for two the te days hearing . morning GEORGE 1. MARTINKLLI im Referee a + ae ks es armen Pa rpg RIN  2. eo , . CASE NO 57 1.4.182-835 ie. 7 JAMES WHITCOMB RILEY VS Referee , Hearing Dictated GEORGE A. MARTINELLI January 2 and 3 1958 January 3 1958 MANVILLE et al Injury Injury Sapissue Hays & McLaughlin by John P.McLaughlin attorneys for applicant F.E.Carignan representative for Amer.Motorists Amer.Motorists A.G.Iwing representative for Assoc Indem.Co Herlihy & Herlihy by Kennis T.Jones attorneys for Phoenix Indem.Co Fireman's Fund Argonaut Ins Co. Pac.Indam.Co Pac.Indam.Co Spray & Bowers by Maurice V.Brahley attorneys for Employers Mutual of Wia Guarantee Ins Jack Sisk representative for The Travelers Ins Co. Robert Wreisner for Clopton & Penny attornays for Pac.Employers Ins Co. William Shifflet attorney for lien Ins Co. on Jan.2 1958 William ing lien claimant on Jan. 1958 claimant Founders K.Norton represent- REPORT OF REFEREE ON FURTHER HEARING { ADMITTED FACTS The insurance carrir for Plant Insulation Co. a corp for the period July 19 1954 through December 31 1955 was Fireman's Fund Indemnity Co. & corp Substituted for Stipulation No. 3 of Stip.Facts & Issues entered into on Aug.30,1957 Aug.30,1957 IT IS FURTHER STIPULATED THAT the insurance carrier for on Insulation Company for the period May 9 1948 to Jan.1 Pacific Employers Insurance Company a corporati Plant 1950 was ADMITTED FACTS Amended insofar as employment and insurance coverage are concarned 1. Applicant claims employment by Johns Manville during the year 1920 during that period of time the employer's insurance carrier is unknowI 2. Applicant claims employment by Southern Asbestos Corporation during the years 1926-7 and during that time the employer's insurance carrier is unkown & Magnasia period of 3. Applicant claims employment by Asbestos Company of California -employer's during the year 1928 and during that period of tim COMPER vie insurance carrier is unknown an CCOOMMPEPR ER Ss. Applicant claims amployment by Plant Rubbe fagl^d '- for the parisd 1929 to 1934 and wuring that fagl^d of time the employer's insurance carrier is waNOWN 5. Applicant claims employment by Los Angeles Rubber curing bpe year 193 during that puriou 51 t insurance carrier is unknown e a oe ee an e ve + y acre - M ite Fipenermealtianer mba 59-8335-2 59-8335-2 59-8335-2 swe, tn ak achandomsase se ts ganegs co. CTI AE anther 1 a eee . oe aaa ' _ RILTY UR JAMES WHITCOMB . m - q a a ... ... ... ra ane EC, 7 _ ~ wee ee = Hwan U88U88 cea tee 6 ee ir) Ft Oe mammaire 447 W. 42nd cee . co etctmeetion 6 1% Fg et St. L.A. 37 California Industrimi kooid Comm A A A 1912 8395A 2192 8385 35 J. 7. Therp . - eee ITT ae hate rs va er io en ... 21 12:39 * ... Buku Buku ... * ** 19 meme 30.00 30.00 30.0 5.00 39.00 5.00 , pee were a AR1359 AR1359 MILITARI DUES JL13-59 woe Cm tA OL. _ * | q 5. 1.15-99 ... ... ... 206S t ... M13-59AGES M13-59AGES M13-59AGES 1 . e woes 4 aT 7 ML13-39 MIEIUAG 08 LAN^ LAN^ Vive INT PREF eyate "8 AL14-59Alb^bunk MATO QRUGS 12.1954 12.1954 KELETING { 2 A214 10 ClSUNG ClSUNG ee a a a ML1459 4 19.3990 L M21439 88463 AT SURGE JURGINY XQLD : 10 . 650 11 11.5.0 50 XLX XLX 0 4.00 ** . 5.00 e 525 -183.0 17.0 . - B 8625 *% 125 eee ne ML1-59 SUNGLA | 450 SURGENT Bo ML14-59 ORKS | 19 AL1969 AL1969 ROSLAG pled ELS t Sh 4224-59 4224-59 PUCS fy AL19 S 33 $ be A + 250 250 250 A 250 250 225 1000 1000 orients CHEVE CHEVEE VAR ; aT M1459 NOOR 1000 EX jee * 1020 OKA " Ramee 2 M1 joular U2? " } 8 Ke 411 x 433 K 837 0833 K +853 ut ek x 08 8 X eer. er on: oft X Z. 037. ent > ' K a@ * 1k, nd eR core ore on 14 14 mea es -- i . ' i H i ten een OTITIS LEGO LEGO 53 MV ^ S2 ALANE *** See wnat wT wet "he L H . H : = H H PA. ee ee ee _ % ex See Fibers 50ala cen ti tia SS gif Kerliny and Herl^ny 412 6th Street Los Attorneys best Angeles Street 14 California Attention Gentlemen Keanis 7. Janes Attorney at Law August 3 , 1959 B21 JAMES WIITOSKY WIITOSKY KLFY va JOHNS NANVILLE 01 61 LA 513 - In the antitled matter we have read ved the following bills which are being forwarded to you for payment The Hospital of the Good Samritan 1212 unalt8 Sb L.A. 17 $ 950.02 276 2. Laremo 08. 6.A.4 Loyee Anderson K.M. by Hampden Terrace AlHARUTS 60 , Lala H. Roberson R.M. 1223 W. 02 . .k 84 14.2 Mary A. Mandey R.X. 337 8. Puscon St. L.A. 7 89783 The bill of br * will Tuer te time before is the notation 30 129 sorry we Lyman laver que suze 10 the receipt on the will do not have as not been received but upon receipt thereof you Uun reason for sending these bills st of the of the enduin independent Medical Examiner's report hospital hospital regarding onaryes of interest copies of Wiese blils to serve all the p^/.1664 p^/.1664 Aumayan they may to reviesti and verified as the office if the arblew consider it necessary tu nu B. In acturusnes with 2 thrt auro eamokg ill VS . 800 Ament of the parties at the hearing se to m~ E to pay these bilia st your earliest : Your very truly trist con- GAGAMMING ING 061 GAMING UL 22 Hoja & bes one lin H. A. 420A77 UL Piquiri Piquiri Piquiri ning Joso tee, 2 | a ) Cavite Cavite and PONY Mitdae te reat MD UL 22 UL 22 22 A. Guld ye ere eee ee B, wel onde BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA ; Case L.A 182 835 JAMES WHITCOMB RILEY vs. MANVILLE et al avin Applicant | - Order Dismissing ' Party Defendant SY LOS ANGEL MONTI INDUSTRIAL ACCIDUME LOSTMISION LOSTMISION Start be af af Defendants LED of 7 JUL 1969 KAPLAN STIPULATION | WILO LGIG. AM KAPLAN 1 atiat PERSUANT TO STIPULATION OF THE PARTIES and Good Cause Appearing Therefor IT IS HEREBY ORDERED THAT PACIFIC INDEMNITY COMPANY a corporation be dismissed 28 a party defendant in the above entitled case ; . 1 ACCIDEN 4 INDUSTRIAL Mt ; i Copies on maled July 10 July 10 1959 1959 19 to an ge de Hays and McLaughlin 6331 Hollywood Blvd L 28 M. A. Lavere Associated Incemnity Corp 111 W. 7th St _ L F. E. Carignan American Motorists Ins Co 3545 Wilshire L Joseph Bilcnak The Travelere Ins Co 500 6th St L 14 Spray Gould and Bowers 1671 Wilshire Blvd 17 Clopton and Penny 039 S Spring St 14 i a gy a4 bas zo Herlihy and # bisny 412 W ~ en St LA 24 x Hamilton V McInerny Aetna Cas & E10 . x 10 Surety Co E10 S Spring St A ie F34 F34 now 7-40 E --CONTINUED ON NEXT PAGE- oowe hen Ate A om AT ks i ae bee SERVED " 7-30-59 an - continued Page 2 Phoenix Indemnity Co 3750 W. 6th St L Pireman's Pund Indemnity Co 3440 Wilshire Blvd A Industrial Indemnity Co Box 2252 L 54 Zurich Insurance Co 4465 Wilshire Blvd A 11 Guarantee Insurance Co Box 2887 I 54 Argonaut Insurance Co 1001 Wilamire Blvd LA Pacific Employers Insurance Co. 1035 S. Hope St A 15 Employers Liability Assurance Corporation 639 S. New Hampanire Pacific Indemnity Co 3450 lshire Blvd A yi n 1 f aa ner C te snus KRANSM . Bie ae fi 6 -@ HERLIHY & HERLIHY TTORNEYS AT LAR BA OJQ H N1904413 *** 416 447 B ormmat *** LOS ANGELEB A. GALIFORNIA GALIFORNIA A MAN 411 a ACCIDENT MUUSMUTURSTIRAIALL ACCIDENT OMSIGN OMS OMSI IGN GS N ANGELES * . JUL 29"ge gtg O74 5 Coed gtggtg 1D GOR) B82. 04. 0, 1 VENIA BEACH & CALIPORQUA Oe en reeree ALFREE ny| ree ALFREE ALFREE July 24 1959 Industrial Accident Commission 501 State Building Los Angeles 12 California Attention George A. Martinelli Referee Dear Sirs Re 57 LA 122-835 - James Whitcomb Riley vs. Insulation et al Plant We are now in 1959 directed Melaughlin receipt of a copy of a letter dated July to you by applicant's attorney John F. 12 Inemnity In view of this letter the defendant Pacific Compuny respectfully requests that you issue a formal Order of Dismissal is concerned insofar as Pacific Indemnity Company Very truly yours HERLINY & HERLINY HERLINY By Jon kg . KTJ am CC Hays & McLaughlin Attorneys at Law 0331 Hollywood Blvd. Los Angeles 28 Pacific Indemnity Company - 1 PEC 468591 3450 Wilanice Boulevard Los Angeles b oa oY = - (emeeeatcee. ameeameemnineens @ . TALLIZ ROTO On pret A NEWT617 WHITEMSso WHITEMSso +. ace a : ANGELES MISSION . ACh ANAGNEGELLEESS @ MISSION US ANGELES ANGELES Mats & MelaughLIA MelaughLIA ATTORNEY AT LAW 63M MOLLITIOUS MOLLITIOUS SOULEVA^ O SOULEVA^ O LOS ANGELED EG CALIFORNIA HOL7wus " D vem iL 22 AM 8 51 . . . 200 EXHIBIT EXHIBIT oy 15 NO July XEFEREE Industrial Accident Commission 501 State Building 217 West First Street Los Angeles 12 California Attention Referee George A. Martinelli Re James Whitcomb Riley vs. Plant Insulation at al I.A.C. Claim No. ST~,,A 182-835 Dear Sirs Reference la made to the letter from the law firm of Herlihy & Herling dated September 5 1958 requesting a formal Order of Dismissal as to Pacific Indemnity Company from this case on the grounds that they were not the Workman's Compensation insurance carrier for the Plant J Insulation &? to June 30 1951 Insulation Company from May 9 1951 and from June 30 1951 to January 1 1952 It would now appear that Pacific Employers Insurance Company in the Workman's Compensation insurance carrier for that company during that period of time and coverage has been admitted on behalf of Pacific Employers Insurance Company We therefore withdraw our objection filed by October 24 1958 to the dismissal of Pacific Company and agree that they may be dismissed letter of Indemnity from this action JPM SRS cot Berliny & Hurling Clopton & Ponny = Spray Sould > Sowers we 4 Carigaon Anerl is won lot ons >, Very truly yours S/N A MATS = MCLAUGHLIN MCLAUGHLIN 971 971 971 John P. McLaughlin et Streat Los Anteles ly Sorin Street Los encules Hi livro lva Com Sateles ers Insurance Company flevard Los Antoles Ca aU Anteles Meet Los Anteles & atte 4 Herlihy and Herlihy 412 Vest 6th Street Los Angeles 14 California Clopton ^ Penny 639 South Spring Street Los Angeles 14 Calif Spray Gould and Bowers 1671 Wilshire Blvd. Los Angeles 17 Calif Joseph Bilchak The Travelers Insurance Co 510 W. 6th Street Los Angeles 14 Calif F. E. Carignan American Motorists Ins Co. 3545 Wilshire Blvd. Los Angeles Calif M. A. Lavore Associated Indemnity Corporation 111 West7th Street Los Angeles 54 Calif July 1 , 1959 lemen RI JAKES SHITCOMB RILEY ve JOHNS MANVILLE et al LA 162 835 In accordance with your request you are notified that Dr. Brewer the Independent Mechal Examiner has advised this office that the applicant will enser Good Samaritan Hospital on July 12 1953 The proposed surgery is scheduled for July 13 1959 at 10,00 s.a. Yours very truly GAMIN GAMIN GAMIN Cc Maya and McLaughlin 0331 Hollywood Blvd A 23 OZORGB A. MARTINELLI Referes ars ee ee oe a & eo 1 BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STETE OF CALIFORN CASE NO L.A 182-835 3 JAMES WHITCOMB RILEY { Applicant : an VB ~fi JOHNS NOTICE OF CANCELLATION OF 081 CAUTCIAUTIONON INDUSTRIAL INDUSTRIAL 081ACCIDENT ORIC 5 ORIC ACCIDENT CAUTION ACCIDENT ACCIDENT Be PIL80 CAUTION . WILLIAM KAPLAR KAPLAR 1 Defendants ABBY CRY KAPLAR KAPLAR | NOTICE IS HEREBY GIVE to the parties in the above entitled action that the hearing scheduled therein for the 18th of * June 1959 has been cancelled : GAM AngrahyAngrahy Angrahy a: oe Se . on, f@ Referee INDUSTRIAL ACCIDENT COMMISSION SERVED 6-5-59 nn James Whitcomb Riley 447 West 42nd St L 37 Hays and Mclaughlin 6331 Hollywood Blvd LA 28 Founders Insumince Co. 727 W. 7th St & A 17 Veterans Administration Hospital 5701 Bellflower Blvd Long Beach William Shifflet 727 W. 7th St A 17 Attn American Motorists The Travelers Ins Ins Co. 3545 Wilshire Blvd A cc Mr. Carigy Co. 510 w 6th St A 14 Atto Joseph Bldbak Associated Indemnity Co Box 2133 L 54 Phoenix Indemnity Co. 3750 W. 6th St L Fireman's Fund Indemnity Co. 3440 Wilshire Blvd LA Aetna Casualty & Surety Co 810 S. Spring St LA 14 2 cc Industrial Indemnity Co Box 2252 A 54 Zurich Insurance Co. 4465 Wilshire Blvd LA Guarantee Ins Co. Box 2587 LA 54 Argonaut Insurance Co. im Wilshire Blvd L Pacific Employers Ins Co. 1033 S. Hope St L Employers Liability Assur Corp. 639 S. New Hampshire . Herlihy and Herlihy 412 W. 6th St L 14 Spray Gould and Bowers 1671 Wilshire Blvd Clopton and Penny 639 S. Spring St A 14 LA 17 Calendar Clerk Industrial Accident Commission 501 State LA LA 7 336 . TAKEN an we A 180 MERANOMED \ HERLIHY & HERLIHY ATTORNET ATTORNET LAW SMITE Ore Band Chin ot RQeere 41 MET G Otnget LOS ANGELIS 14. CALIFORNIA from \ 4811 Mn 3i SHIN SHIN 4 . LONG'UBACH $ LONG'UBACH OFFICE OLLAR LANG Rive feend le went OCIAD MAIS | LANG SAGONASAGONA CALIFORNIA CALIFORNIA TT vetanent neta 3008 June 3 1959 Industrial Accident Commission 301 State Building Los Angeles 12 California Attention George A. Martinelli Referee Re James Whitcomb Riley vs. Manville I. A. C. Claim No. 57 LA 182-835 et al Dear Sins This is to inform you that the defendants herein are now the surgery and blopay as recommended by the independent authorizing medical examiner Dr. Brewer It charges have been reduced is our understanding somewhat that the estimated It is being our further understanding that this operation and performed by Dr. Brewer as an independent medical biopsy is examiner appointed by the Industrial Accident Commission and not as defen- danus doctor The cost of the aforementioned operation and lung biopsy is to be split equally between the carriers authorizing the aforementioned Indemnity operation The insurance companies represented by this firm which the charges may be applied are the Fireman's Fund to Company Argonaut Insurance Company Industrial Indemnity Company Actha Casualty & Surety Company the Phoenix Indemnity Company and the Employers ability Assurance Company Two other insurance companies to which this operation may be charged are the American Motorista Insurance Company and the revelers Insurance Company Two other insurance companies are those represented by the Nirma Clopton & Penny Opray Gould & Bowers This makes ten insurance companies for which these changes may be equally divided This authorization is given with the understanding at nevein will ce given zufficient moice as to that the the date defenof the wp Ole tn will Sun scetoc, It may len ge tat they may notify and have present is further with the understanuing understanuing that their thein own outon neni shan proven to be the Si aa selenuants content content content content will atudy the lung have da. be esent unic Or Or ma peview Lue lwn upay~- Yours very truly Naw mn we ae ee Y rene DZINY Pinus HEALIHY HEALIHY pe Pinus Pinus Pinus A Py Pinus Pinus ; Mh 21 Janua Industrial Industrial Commission -2- oc: ect 00 Hays McLaughlin Altorneys Altorneys 6231 Hollywood Boulevard zoe Los Angeles California Spray Spray Gould Bowers Attorneys at ALt^'t7o1rnWeiylsshire Boulevard Les Angeles Angeles California Joseph Bilchak Hearing Representative Company Travelers Insurance $10 510 West Street toa Angeles Angeles California American Pred Carignan Esq 3545 Motorists Insurance Los Angeles Boulevard Zss Angeles Angeles California Company Attorneys Attorneys Penny South Spring 639 Street Los Angeles Angeles cos Angeles Angeles California es SAE eS * Aha en e ats et rare mn a woe ene + 4/18 4/18 4/18 Radi tusessen AA Okat vrep-ootsanae Mareen Pikinl, " ina anita th itn NE Din tha : u American Insurance Group ah a eB 7 LOBAMOCLES RANCH OFFICE 11 * *** SYRPLY trent trent Mob + ten LOS ANGELER 14 CALIFORNIA May 14 1959 , saree. COUNT -- ttPU. so + onsen FEREE bi FEREEFEREE FEREE comments FEREE vaeonun Industrial Accident Conania on 501 State Building 11 217 W. First Streat Los angeles 12 Californi Re IAC CASE NO 57 LA 182 835 - Our Claia No. C35-77884-8 Attention Mr. George Martinelli Referee James Whitcomb Riley vs. anvilleet al Gentleman Gentleman office With reference to the above case this is to ask that Kindly substitute the writer's name as representative the Associated Indemnity Corporation in lieu of the you for of Herlihy & herlihy on your record which we believe presently appears The writer nigirt explain that Herlihy & Herlihy represented us for one hearing only in this case and as a result of our nactel oversight in not advising you of the change we did not re- ceive certain subsequent material The unitar has discus 5/11/19 11 the situation with Hir Jones and a cosy hereaf is being nailed ut to mm for his record her Very truly yours Live Live ee ed whch M. A. Lavora 11 MAL ET Assistant Claims Manager 051159 CC - Iarlity & Herlihy Allorneys at Law REATION 13 Attention Mr. Keris Jones 412 West 5th Street REATION Los angeles 14 Californi REATION p REATION Pena be APPEALS APPEALS APPEALS SEALS foersyess ' [ ' | ; fi me Before the Industrial Accident Commission of the State of California JAMES WENTCOME RILEY VS. Applicant_ Applicant_ Notice of Time and Place of Further Hearing MANVILLE ET AL CROSS EXAM OF DR BRLOWER I.H.E. LYMAN Defendant 88 7 2 INDUSTRUM LECIDENT COMMISSION PHOID By eemtenwis PHOID MAY6 1953 2 NOTICE TO ALL PARTIES WILLIAM KAPLAN WILLIAM WILLIAM KAPLAN You are hereby notified that further hearing will be held in the entitled action it 101 STATE BUILDING 217 W. FIRST STREET Dated at Los Angeles 5-6-59 5-6-59 LOS ANGELES CALIFORNIA JUNE 18 1959 9:00 M. HALF DAY INDUSTRIAL ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED SERVICE UPON PARTIES SERVED LISTED ON ATTACHED SERET hp 1.451 PARTIES SERVED BELLFLOWER_BLVD BELLFLOWER_BLVD JAMES WHITCOB RILEY 447 WEST 42D ST L.A. 37 WILLIAM T. HAYB 6331 HOLLYWOOD BLVD LOS ANGELES 26 FOUNDERS INSURANCE COMPANY 727 W. 7TH ST LOS ANGELES 17 VETERANS ADI INISTRATION HOSPITAL 5701 BELLFLOWER_BLVD LONG BEACH CALIF WILLIAM SHIFFLET 727 W. 7TH ST LOS ANGELES CALIF J. 7. THORPE INC 929 5. 2ND ST Ludha ANVILLE JOHDIS INC LO1.POC CALIF , SOUTHERN ASBESTOS & MAGNESIA CORP 1701 N. MAIN ST LOS WARREN AND BAILEY ADDRESS UNKNOWN ANGELES CALIP ASBESTCS CO OF CALIF ADDRESS UNKNOWN PLANT RUBBER & ASBESTOS CO % PLANT INSULATION CO 2741 SO YATES AVE LOS ANDELES LOS ANGELES RUBBER CO ADDRESS UITKNOWN MARINE INGINEERING CO 5933 TELEGRAPE ROAD LOS ANGELES FIBERGLASS ENGINELRING & SUPPLY CO 5933 TELEGRAPH RD LOS ANGELES CALIF LYNCH ASBESTOS CO 2939 SO SUNOL DR LOS ANGELES ROPERT Q. LYNCH DEA LYNCH ASBESTOS CO 2939 S. SUNOL DR PLANT OWENS INSULATION CO 2741 FIBCHOLASS , . . LOS ANGELES 50. E.TOS L.A. PACIFIC COAST DIVISION SANTA CLARA b COAST INSULATION PRODUCTS 2316 SAN FERNANDO BLVD ARMSTRONG CORK CO 1206 MAPLE AVE L.A. ARMSTRONG C RK Co. / 5037 PATARA ST SOUTHGATE TOTMAN TOTMAN .ORGAN ICAGO ILLINOIS CALIF CALIF CALIF . L.A. AMERICAN MOTORISTS INS co 3545 WILSHIRE BLVD TRAVELERS INS CO 510 W. 6TH ST , L.A. L.A. 200 ASSOCIATED INDE CO BOX 2133 L.A. 54 PHOENIX INDENITY 3750 L.A. ST L.A FIREMAN'S FOND DIDEN 00. 34:40 WILSHIRE SEVD L.A. 200 AETHA CASUALTY & SURETY CO 810 20. SPRING ST L.A. INDUSTRIAL INDESITY CO BOX 2252 L.A. 54 ZURICH INS CO 1465 WILSHIRE SIVD L.A GUARANTEE IIS Co. 90X 2887 L.A. 5 ARGONA INSURALICE CO 1001 WILSHIRE BLVD L.A. PACIFIC EXPLOYERS EXPLOYERS INS CO 1033 SO HOPE ST L.A. EXPLOYERS LIAB ASSER CORP LTD 639 SO NEW HAMPSHIRE HERLIHY & BERLINY 412 W. 6TH ST LA LOS ANGELES SPRAY GOULD & BOWERS 1671 WILSHIRE CLOPTON CLOPTON & PENY 639 SO SPRING ST JOSEFY BILCRAK 510 W 6TH ST L.A. BLVD LOS ANGELES LOS ANGELES bp s : be alm . e, of At ELS 1/14 -@ . ~. | W1.41 1. wate shams LIN SAT UNIFINGAG HAYS & MclauohL~ ATTORNEYS AT LAW 341 101 _,rmany BOUL VAL LOS AMORLES RO CALIFORNIA HOLLIWEN HOLLIWEN 7-175 N May A WAY (3 AM 9:17 9:17 wre 1913 wee 1414 : REFEREE REFEREE REFEREE 1959 Industrial Accident Commission 501 Stato Building Los Angelus 12 California Re James Whitcomb Riley vs. Johns Manville et al I.A.C. Claim No. 57 LA 182-835 Attention Raferee George A. Martinelli George Reference Herlihy & suggested is nade to the Herlihy Herlihy dated procedures letter from from the April April 29 1959 law outlining firm of outlining certain The applicant of course objects to the outlined cedures as it is hardly requisite for the pro- appoint Industrial Accident Commission to appoint a new indupendent medical examiner to determine whether or not the made by the present independent medical recommendations be carried out The examiner should statements made by Dr. John Urabac are hardly controlling in view of the admitted fact that ' Dr. John Urubac is not himself a cheat Lyman A. Brewer M.D. the surgeon end Dr. independent medical is a specialist in chest examiner surgery examination Recognizing as the applicant does that of the Independent medical examiner is a matter of right Insofer us the parties are concerned nevertheless it would appear to the applicant that the request will be more in the matter of delay than in the rattor of clarificution of tho situation The applicant recognises that the nature of this such that tite timo factor is case is always one to be reckoned with However quo cuce has been pending since 1957 following In addition to that the nouring on July 3 3458 wiilch was at the requout of the defundants to 0-0x apollonbly apollonbly alecenion was dieter Dr. lec, N. Shirty H.D. tim ratios as to be cubmitted cr tro the one wre to an injupurcunt me dtienl xaminer Pe UeMG. IMIS were A __ 2 tt ruview chover thu of sum posta, Ae Aeree e r ae EO e - | ae Industrial Accident Commission Commission y 1.4.C. 1.4.C. Claim No. Accident ; May 12, 1959 ego submitting nevertheleso that wa are now at thatthat appear to ss It would applicant applicant applicant that we now that point point in litigation wherein wherein would ridiculous ridiculous ridiculous ana defendants defendants litigation that applicant applicant ridiculous should submit scubmiot ntdo ibtiioopnsycondiptironocfreodmurpreocedure without witt houtht ehefaceexcisio on fexcisiton hetoh pie nions ceyxsptriecssed expressed by Lrepoyrt matnhatLyman oBfrfeewcetr Whilne evertnhoetleso Lyman's a medicalopinion recpoonrcturred concurred in offect John M.D. John John Shiray will codical record in this cage codical A thorough review review the case will M.D. record positive opinion opinion that John John Shiray applicant has positive his asbestosis Neither the Urabac Neither defendants defendants that reports Dr. Joan K. M.D. 8 ruled of defendants reports in this case of fact existence asbestosis a matter the diagnosis tne likely one Urabac considers for proof positive being a likely but merely asking lung plopsy plopsy applicantdiagnosi positve perfoirndustrimal ed opiinsiom probabilities Dr. plopsy medical examire Dr, also leans towards M.D. the positive diagnosi the indofepeansdbeensttosia medical examire diagnosis asbestosia but again is suggesting towards positive positive positive by a biopsy ds procedure procedure however the doctor is of the opiniom however tg that biopsy without the excision of the condition condition be cystic of the applicant lung Under that excision in declaring fo the record has no hesitancy at this time submit to &@ lung biopsy at unless the other procedure procedure not recommended by Dr. Lyman K. Brewer are procedure as to be carried carried out at the same timo X, applicent are aise the the positive record at this point is effect that proof positive an behalf of the applicant present Recessary to prove probabilities industrial claim the the present the medical medical probabilities and the prepon- cerance C+ medical aspectosis of medical the applicant's applicant's faver the existenco aspectosis aspectosis in gate. innerens Recognizing as we do defendanta cross 9 eximination eximination eximination wa conclusion conclusion conclusion conclusion examination examination > conclusion without allowscu fc3 cord move submission without submission submission mucic procedures procedures : eer procedures procedures mates} proceuurys on on bual objection the defendanta the request request however at at examination however . upon the applicant lunther surgical existing existing surgical stfund stfund an oF stfund 23 HAVE timely , CFT S8o CATS DOM st Dee mos , A COMPENSATION Ree SP villa oe COMPENSATION COMPENSATION yt e .. Industrial Accident Commission Commission I.A.C. Claim No. 57 LA 182-035 Carbon copies of this letter to Herlihy & Herlihy Attorneys at Law 412 West Sixth Street Los Angeles 14 California Clopton & Perny Attorneys at Law 639 South Spring Street Los Angeles 14 California Spray Gould & Bowers Attorneys at Law 1671 Wilshire Boulevard Los Angeles California 7. E. Caringnan American Motors Insurance 3545 Wilanie Boulevard Los Angeles California Company Joseph Bilchak The Travelers Insurance 510 West Sixth Street Los Angeles California Company McCartney Hall & Ryan Attorneys at Lau 639 South Spring Street Los Angeles 14 Californi ae Ames arene te e redwen HONE ace LAW OFFICE CLOPTON . PENNY MONT 1.6LAPTON BODESTYMBODESTYM PENO PENO : . . 1.05.20 1.05.20 waar 1 sebc ul 23556 23556 255942.88 255942.28559842.88 we 159 MAY 12 AM 9 35 vad - 1 4 STA EFERE 430 south s^RINOSTAAEFEREE L^ SAMBC18AMB8C188 14 CALIFORNIA CALIFORNIA MADISON 7-1864 Industrial Accident Commission 501 State Building Los Angeles 12 California Attn George Martinelli Referse May 11 1959 Our file 15726 Re James Whitcomb Riley vs. Johns Manville at al Caso LA 182-835 Gentlemen The 29 suggestions made by Mr. Jones in his letter of April 1959 are agreeable to Pacific Employers Insurance Co. As sugrested by Mr. Bralley we believe & conference with applicant's attorney and defendants is indicated RCW jhe Robert C.Weer ROBERT C. WREISNER CC American Motorists Merlin & Herlin Insurance Ators Co. Atem at Caw Fred Carignan Travelers Insurance Co. Atm Joseon Bilchak Spray Could N Sowers Attorneys at Law Pacific Employers L.A. -43706 -43706 and 43707 me Se mt Oe ggg UOTeng TU e hee : Tea 4 woo O | . 5 *, j Lote F . t ' t * tere ares Ravens BE we BEPORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STSTAATTE E OF CALIFORNIA RT wn CASED L.A 182-835 EEE 3 JAMES WHITCOMB RILEY ME & ao vs Applicant @ ) MANVILLE et al ~~ Defendants EEE ORDER ADMITTING DOCUMENTARY EVIDENCE CREM OER ow Sot GOOD CAUSE APPEARING THEREPOR RE em IT IS ORDERED that the following documents be and they : Se rteen are hereby admitted in evidence nee Medical report of Dr. John K. Shiray dated May 4 1959 Bill of Dr. Shirey dated May 5 1959 copies of which OM have heretofore been served upon the parties DATED at Los Angeles California this 12th day of May e 1959 ve Referee INDUSTRIAL ACCIDENT COMMISSION SERVED 5-12-59 nn - Hays and McLaughlin 6331 Hollywood Blvd LA 28 Herlihy & Herlihy 412 6th St LA 14 _ Clopton and Penny 629 S Spring St L & 14 Spray Gould and Bowers 1671 Wilshire~... A Pred Carignan American Motoris Ins Co 2545 , . Joseph Bilchak The Travelers Ins Co 510 z=, 5 wigan suna? eentow ' WILLIAM wep JUNE wah 864TON 864TON @ oe eo eg fi MeLauGMbin Hays & HAYS HAYS HAYS esn 2. Te GSM 08 GSM NO.7000 LOS ANGELEN MCLAUGHLIN LAM MCLAUGHLIN MCLAUGHLIN emma NO.7000 May 7, 1959 eeu git pith 4 a{?i oaM MEE ve nuhy 400-17 AGUILENT 15 ANGEL ANGEL wate en WAY mL BAIS - = AM 9 9 foie =, ERE. JCF Commission Commission Industrial Industrial 501 501 Building Angeles California Log Los George Martinelli Attention Refaree Whitcomb Riley -va- Johns- - Re; James Manville et ManI.vAi.Cl.lIe.A.C. Case No. LA 182-835 Dear Sirs: of Dr. Joha K. dated the medical report his of John Shirey M.D. dated May May 1959 and May 1959 May It 1959. immediately receiv evidence evidence order issue . of immediately receiv Ie ing these Dr. that if any must parties parties de- ing sire cross examine scheduled Shirey they so Lyman Brewer bearing to examine Brewer M.D. scheduled Brewer Brewer In of and circumstancesand health condition condition Finandceilailneated Dr. circumstances - In report requested requested that hearing for the exami- possible nation nation Dr. Brewer scheduled hearing as soon possible of All 0 scheduled All parties parties advised intends move move clusion submission submission applicant record the con- con- the of cross examination Dr. medical Brewer oft medical clusion the basis the medical evidence preponderance compensable compensable applicant applicant required red disease showprsove his compensable not required shadow doubt to a case beyond Very a 8 doubt re ahows his case peyond & epe ta prove HAYS yours yours HAYS & Me MCLAUGHLIN are seal Atorneys Applicant Attorneys Atsomeys ra for Applicant Clopton ~~" eee TION Carignan Bowers ce: Carignan Bilchak American TIOANPPEAL APPEAL Joseph Bilchak The Travelers Co Insurance Se Spray.caripnan, Aine 726.340 Insurance Fred The vravelers Josoph Ailehak, ager ISO IE ene at none re _ Pr ree as o d COMMON COMMON OFFICEK 3 TEET FOR SACRAMENTO COUNTY Room 300. 431 4 Sta INANCE ONLY CALIFORNIA FOR SOUTHERN 101 Statt Bulbeing LDO ANGEL2842 ANGEL2842 Rom Oreee ft STATE OF CALIFORNIA a 1..UUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING / a . .f a @ ps , AUO _EXHIBIT_ BIAUG FILED FILED 2 CASEN ALLIE PM ALLIE JUUSTRIAL JUUSTRIAL ( RECEIVED JUUSTRIAL RECEIVED RECEIVED ACCIDENT ACCIDENT .. .. TT a" ACCIDENT ia Eimpiove's James Whitcomb Riley Employer's 447 West 42nd Street Social Secunty No k som Ov ead Los Empluser_ attached aad Name of liat Employer's 1 ea cary 15400 Address II STOLET ANG CD4 Name Name of Insurance Carrier attacked li"t - Insurance 166417 166417 166417 Carner's Addreu 0900-4 STIELT 10 avance atany J ITY TRAC wets Empiuyer's name James Whitcomb Biley Date of your injury 1920 to 5/19/57 Place where Ajury occurred attached list C cam place Employedrat'e sof October 23 1899 Employee's occupation at time of injury asbesast bestoo s ass bestos worker When did you leave work sa result of this injury 5/19/57 How did injury occur exposure to asbeglos dust What part or parta of your body were injured lungs 1 1 did When did you return to work did not return Full or part time work and at what wagel one Your watts or usiary before deductions 5 per hour or 1 If paid on hourly rate how many hours und you work per wees Did you receive any of the following Board Yes No Lodging Yo = No ; Tips Ya State thar werkly value im i teenem me en eel per work or per month No Q^"asmavantages^ mavantages^ Vi No _ Have you been paru any compensation when Date when last payment was made Yes No 3. Has the emplover or the insurance carner Date when fast treatment was given given given Last names of all coctors who have treated furnished you you and who How much none TOTAL coment wm. 19 19 perme with any medical treatment Ya 19 amen were furnished by the employer or Weekly [> No insurance rate of paymenta , C. insurance carW 1 Have you socainta any medical treatment at your own capense Yes Last names of all auctors who have treated you it your unin expense J C. me. .i5> =i. Are you visiming any of the foiluwing benefits Answer Yes or No 1 Temporary disability payment ves 0 Further medical treatment_ Yes sej Lat other benefits clamed and not mentioned above b Permanent disability paymER~ N~ d Cuit of your medicaexlpeTLES = K = nd Have you ever before ^led a claim with thu Common Ya I No. No. 101 101 when was it William T. Have 5331 Hollywood Spidatating SpidatatSpiidan tatg ing to ot Boulevard JOE APPLIC APPLIC Hollywood Boulevard Los Angeles 28 California + HCllywood 7-7179 Games Games James Games Games James Whi Whi Whi Whi Die July 15 tilLphong 84064 HEARIHN EARIG NGSS SUR HEARINGS HEARINGS ety Y ve ee +6 + me CO --- --- ... be bero ... ... fl^,g misa car cadastru Att Come. rE eul hamvas Lathan SUR OT. Hip suum suum le moda a Tung of a smo smo save of mote ecw te 445928 Soe sure eves oy remeyse 6 610 " erm tene 31 mint sg Ot Onin <481 4 at V4 awet at mie Acie. BOE Ihe IE foetal (er hed mere ( AN~ LOB eetre de ane ome oe cee ete 14 sMe " A bake AIAG RY Vik o meme AN~ AN~ DELL caffe Qerer, wba Gus) ib ale OR Ub Cafta: Dat Dat v min were @ ene 6 the MLM progr pro1g0r6 A tos GR mm MLM MLM progr LL Qdem a m= 47 OF SERVICE RAVICE ON EMPLOY EMPLOY PERKS OF EMPLOYMENT 1. Johns Manville 2960 Leonis Vernon Calif o Lompoc Calif 2. Warren & Bailey out of business A. Call 3. Southeru Asbestos and Magnesia Corp. 1701 N. Main St. L.A. Calif 1920 .1923 1928 & 1927 To Hers . Hers 6th L FRED Cal FRED Cl ORPUSTRIAL ORPUSTRIAL ORPUSTRIAL unung unung ORPUSTRIAL RECEIVED ASE PM ACCIDENTS NEFEAR 3 ACCIDENTS NEFEAR ACCIDENTS Aspciated adempty Co. 111 W. 7th St. Aves Calif 5/11/25 to 11/1/77 4. Asbestos Co. of Calif San Francisco Calif out of business 1929 Phoenix Indemnity On 3750 W. 6th SL L.A. Calif - 11/1/27 " 8/1/28 unknown 5. Plam Rubber & Asbestos Co. o Plant Insulation Co. 2741 So. Yates Ave A. Calif 1929 to 1934 1942 to 1947 Firemen's Fund Indemnity C 3446 Wilshire Blvd. A. Calif a 6. Los Angeles Rubber Co. L. A. , Calif out of business 1834 unknown 7. Marine Engineering Co. & Fiberglass Co. 5933 Telegraph Rd A. Calif 1948 - 1950 Astma Casualty & Surety Co. 810 South Spring St. L. A. Calif 8. Lynch Asbestos Co. 2939 So. Sunol Dr. A Calff 8. Plant Insulation & Thorpe Insulation Co. 2741 So. Yates Ave. A. Calif Fireman's Fireman's Fund Indemnity 1/1/52 1/1/52 - 10/10/11/5/3 53 10/1/53 - 5/1/54 5/1/54 - 10/1/54 3440 Wilshire Blvd. L.A L.A .. Calif Co. 10. Coast Insulation Co. 2216 San Fernando Blvd. A. Calif 11. Armstrong Cork Co. 1206 Maple Ave A. / 5037 Patara St South Gate Calif 12 12 . 7. Thorpe Inc. 1950 Industrial Indemnity Ca 3460 Wilshire Blvd. L.A. Calif 1951-1955 . Pacific Indemnity Ca 3450 Vilshire Blvd Im Cali7 5/9/51 - 6/30/51 6/30/51 ~ 1/1/52 Zurich Ins Co. 10/1/53 " 11/13/53 4465 Wilshire Blvd Los Angeles Calif . 1955 Da Employers Mutou f Wa asl sa 6/19/54 - 5/19/55 6435 Wilshire Blvd COMPENSAC COMPENSAC . ae COMPENSAC we 1735 Gugerantterea^> Co 1671 Wise Blvd. Blvd. 59.1754-519.51754-15 59.174-5 lee 59.1754-15 59.1754-15 a as Argonaut . Argonaut Pn * Argonaut Ina . Exchange ar Enterin~urance exchange TooL^/vilshire Blvd L.A. L.A. Calif 5/1/55 to 5/1/56 1955 Travelers Ins Co. 510 7. 6th St. L.A. Calif 1.1.55 1.1.55 - 1/1/56 0/56 - 5/19/57 American Motorists Ins -, Ra James W. Run -5- Ww May 4 1959 S. Bibliographyt 1. Lansa A. Silicosis and Asbestosis 1938 pp 245 246 2 Gioyne R. Pneumoconiosis " A Histological Survey of Necropsy Material in 205 Cases Lancet 1951 volume 1 p 810 3. Pendergrass P. The Pneumoconiosis Problem 1958 pp 98 + XN =k ge trem St ge ee se ew TT we te a se ve _ om Dein be i aed, Dis OF THE CHEST REGINALD N. SMART M.D. JODEKH * BOYLE MO MO JOHN R. BMIN~ YMO de MEDICAL DEPICE BUILDING BUILDING I OG BETH STREET 600 and 19 Mere +3687 +3687 James Whitcomb Riley moe . . Laboratory work 1 1/20/58 Blood Hgb 70 or 10.5 gme WBC 6,800 Platelets Differential Fran 63 Stabe Seg 62 Lymph 28 amisocytosis poikilocytosia Hematocrit 35.5 average Mono 9 Sligbs Rata Wintrobe 53 mm mai Corrected 31 mm Sedismentation 1/27/58 Blood Hgb 70 or 10,5 gms Hematocrit 36 mm 1/29/58 Stol specimen Negative for occult blood ys! 2/26/58 Blood Hgb 94 or 13.8 gms WBC 8,550 Nfferential Ba 2 Eo 9 Fran 64 Stabe I Seg sono 9 Morphology normal Hematocrit 46 mm rate Wintzobe 32 mm Corrected 30 mm br Platelets average 52 Lymph 27 Sedimentation Probably 2/26/58 Electrocardiogram Rata 98 PR interval 0.12 QRS interval 0,08 ST 1aQelectric sinus rhythm vertical slectrical axis normal Slight Bag of ST aVL V5 - 6 with symmetrical TV5 - 6 may be function of rate Repeat serial tracings may be helpful 1/16/59 Maximal breathing capacity and spirogram MBC 70 Wters 61 V.C. 3200 cc in 4 sec 73 3 nec V.C. 3075 cc 70 ki NOE ere Se i tm ee ft a it Ayo |e she A | . g Rios SEASES OF THE CHEET REGINALD K SMART JOSEPH & ROYLE K JOHN K. SHIREY MU MEDICAL Breese ILDING ILDING 134 WET WITH STREET 400 ANGELA 17 Agen 8.7587 dre , James W. Riley 1/20/58 P.A. left lateral Bucky A. P. lordotic Bucky compared with previous films There may be a slight reduction in the extent of the right apical and apical inflammatory disease as compared with the films of 6/27/57 This applies particularly to the area of the right 1st anterior interspace There is no significant change in the appearance of the diffuse linear fibrosis which involves both pulmonary bases Diaphragmatic adhesion on the right side la again noted The lordotic view demonstrates honeycombing in the right apical density but no definite cavitation can be established from this view 2/26/58 A. and A. lordotic Bucky - The A. projection presenta no significant change compared with the films of 1/20/58 Right apical and apical inflammatory density is again noted and diffuse basal bilateral Linear fibrosis with adhesion at the right diaphragm and some haziness of the cardiac silhouette persist unchanged The lordatic view of this date however now reveals more definitely an 8 mm annular radiolucency in the right apex which is most suggestive of cavitation Conclusion 1 No significant change in the appearance of the bilateral basal diffuse linsar pulmonary fibrosis 2 There has apparently been some reduction in the extent of the inflammatory process at the right apex but there now appears to be a smail cavity within the inflammatory density : : JKS kn John K. Shirey M. E. 3 , LAGE OF TH"C" heat imes Riley REGINALD H. SMART M. Q. MEDICAL Offres BUILDING BUILDING 1136 WEET SIXTH STREET LOS ANGEL28 19 MAGIC 7007 '16 PA and AP lordotic Busky inflammatory omparison with films of 2/26/58 and prior dates reveais no significant change la apical * appearance of the chest Right apical and ain noted There is diffuse basal bilateral linear linear fibrosis with density la adhesions at the g~idiaphragm and some haziness of the cardiac silhouette The lordotic view of a date again is strongly suggestive of cavitation in the right apex nclusion 1 No significant change in the appearance of the bilateral basal diffuse ear pulmonary fibrosis 2 Pulmonary inflammatory disease obable cavitation night apex with ee DE EA Cr LO An Ta EE n AE sreity sa k tn: DIOCANER OF THE CHEBY - ; REGINALD H. SMART M.D JOLEPH F. BOTUE SE ss re aaa) ae JOHN X. MINCY MO Rede 1) 3 -, MEDICAMEDL ICAL OFFICE BUILDING BUILDING 1130 WLST BATH STREET , LOS ANGELES IT && 7687 an - James W. Riley 1/16/59 PA PA Bucky and AP lordous Bucky view of the chest compared with films of 5/16/58 and prior dates The previously noted bilateral basal diffuse linsar fibrotic densidas are again demonstrated A new density is present at the right ba a where there is localized exaggeration of the fibrote markings just above the right costophrenic angle and with apparent diaphragmatic adhesion in this area This is moderately defined and quite distinct from the remainder of the surrounding lung tissue Allowing for the slight difference in ray technique one gets the impression that there may have been also - a slight increase in the more diffuse fibrotic density in both lung bases The Bucky view PA projection suggests considerable pleural thickening along the margins of the chest The cardiac silhouette la again noted to be rather hazy in outline without clearly defined borders The lordotic view reveala no significant change in the appearance of the inflammatory density previously present in the right apex Again the possibility of cavitation within this density is strongly suggested Bilateral hilar calcification remains present and unchanged Conclusion 1 Bilateral predominantly basal diffuse linear pulmonary fibrosis which may have progressed in the interval since 5/16/58 2 New localized density just above the right costophrenic angle which may represent local confluence of fibrotic lesions in this area or some other complicating feature such as a spread of inflammatory disease from the right apex or lung tumor 3 Pulmonary inflammatory disease right apex with probable cavitation JKS C/ K. 4John K. Shirey M. ; DISAGED OF THE CREBY % REGINALD K SMART D. JOBRPM F BOYLE MO JOHN SHINET MO MEDICAL DOPICS BUILDING NERD WEST NIETH STREET STREET LOG ANGELES 17 MA 7607 =) 5 . James W. Riley 2/19/59 PA right anterior oblique Bucky and right lateral Bucky compared with films of 1/16/59 and prior dates Bilateral basal pulmonary fibrotic lesions are again noted Tha previously described right apical lesions show no significant change In the right pulmonary base and just above the phrenic angle the irregular density previously noted about 3 cm in diameter is again seen and has increased in size slightly in the intervals since 1/16/59 It is best seen on the PA and right anterior oblique Bucky projections and cannot be conclusively demonstrated on the lateral although one gets the impression that it may lie in the anterior portion of the chest Conclusion 1 Bilateral predominantly basal diffuse linear pulmonary fibrosis 2 Localized density just above the right costophrenic angle which has increased in size slightly since the film of 1/16/59 3 Pulmonary inflammatory disease right apex JKS ki eee eee ne nee meee oe 2 oe et e Pe May 1 1959 H rlihy and Herlihy Attorneys at Law 418 West 6ta Street Los Angeles 14 California G.ntlemen Attention Kennis P. J nes AE JANKS KHITCOMB ALLIY vs. JOINS MANVILIZ et al LA 182-835 The report of Dr. John H. Urabed dated April 96 1959 has been received in evidence As to the suggestion contained in your letter of April 29 1959 I regret that we cannot follow out the procedure indicated for the reason that defendanta have filed with this Comalasion requests to examine br Brewer Because of the various defendanta here and the conflicting interesta it would that we proceed with the amination of Dr. Brewer further determination is made appear before We are setting this case to permit the parties to examine Dr. Grawer If the parties can agree among themselves as to the suitable procedure xe my consider that Yours very truly GAM: Md GEORGE A. MARTINELLI ~ sf ess eect ac: ect sa ligya and Melaughlin Attorneys Clopton and Penny Attorneys Spray Gould and bowers Attorneys Fred Carignan American Motorista Ins Joseph Bllanak The Trawers Ins Co. Co. reo WORKE f ay Send eae at caer ee e arens e . eee oe et 1 wet inail * a inail inail ^ FTHERLINY SERADE SERADE MERLINY SYOLL CO CUMBLANC ANY EVANS | PARO MALLERY INING T. CONED SPORK TO HOLROKA P. PARK | ry \ 7 HERLINY & HERLIHY _ ATTORNEY AT W QUITE SHE PLENTAL PLENTAL BUILDI 050 Y GIFT DRET LOS ANGELES 14. GALIFORNIA GALIFORNIA T^'LermengWAemen 14041 April 29 1959 SsOLP AMA MR oe LONG SACH OFFICE S WOW ka du kan 160 M NQALAN pa LONG GEA" &N CALIFORNIA CALIFORNIA TULA HAmamee Hae 19 Industrial Accident Commission 501 State Building Los Angeles 12 California Re James Whitcomb Riley va Manville et al IAC Claim No. 57 LA 182 835 Attention George A. Martinelli Referee Dear Sirs . Enclosed find the 1959 for filing as defendants medical report of Jhn Jhn H. exhibit next in order please Urabec M.D. dated April 26 At this time the defendants rely upon this medical report and pursuant thereto will authorize the appointment of another Independent medical examiner to perform the lung biopsy or in alternative will appoint a doctor on their own to perform the mentioned surgery the afore- If neither of these alternatives meets with the approval of the Industrial Accident Commission or applicant the defendants fully request that this matter be set down for the respect- purpose of cross- examining the independent medical examiner Dr. Brewer As an alternative thought the defendants inquire of applicant's counsel at this time if applicant would be willing to undergo the operative procedure as recommended by Dr. Brewer and will before the said operative procedure sign a waiver of liability and respon- sibility sibility insofar as the defendants are concerned as to the for the cystic lung condition should the lung biopsy prove surgery to be negative With the signing of such a waiver defendants might in the alternative authorize the lung biopsy and aforementioned procedure as recommended by Dr. Brewer operative KTJ KTJ 18 Very truly yours & Jones HERLIHY HERLIHY Jones 35 CK Jones Jones Hays & McLaughlin 5331 Hollywood Blvd Los Angeles California Spray Gould & Bowers 1971 Alanire Blvd Los Angeles 17 Joseph Bilchek Travelers Insurance Co. 510 W. 6th L.A. 14 Pred Carignan American Motorist Insurance Co. 3545 Wilshire Boulevard Los Angeles 5 Californ meas yo JOHN # URABEC M 8 QUITE 2016 2016 ERICE AN eg DAY DAY AFPEN atnagt MOO LLD D IF CALIFO . 26 April 1959 Mr. Kennis T. Jones o Herlihy and Herlihy 412 West Sixth Street Los Angeles 14 California Dear Sir Re RILEY James Whitcomb vs. Manville et LA 182-835 have read and considered the most recent letter of Dr. Brewer dated April 16 1959 in which he assumes that the pulmonary fibrosis in this instance is due to his asbestosia by virtue of exposure to this substance As I intimated in my report of February 14 1958 there was some question in my mind as to whether this patient had a true pulmonary asbestosis therefore I requested the confirmation of such a diagnosis by a lung biopsy I still think this procedure is indicated for the establishment of a definite diagnosis but I also think that this should be the only procedure performed Dr. Brewer would also like to perform a resection of the cystic disease in the lungs I do not believe that this procedure is warranted as there is no proof that this patient's cystic disease is in any way related to hus occupation Furthermore additional surgery would increase the surgical risk Since Dr. Brewer has been the Independent Medical Examiner I would suggest that another disinterested thoracic surgeon perform the lung biopsy I would like Jones group to suggest one of the surgeons in Dr. John C. In answer to your questions of your letter of March 30 1959 let me try to answer them in order 1. It is not necessary to remove the cystic condition at the time the lung biopsy 2. This cyane lung condition could be due to number of different causes and is most likely not related to any industrial injury A cystic lung condition can be congenital or acquired 3. The removal of the cysuc portions of the lung would definitely add to the seriousness of the surgical risk and could if any post operative complications arise cause permanent impairment of lung function 4. The finding of a photochromogenic acid fast bacillus in the cultures does not affect this alleged industrial injury There is some question as to the infectiousness of this type of pulmonary injection which is not unlike the infection produced by the human tubercle becilius To date there has been no industrial relationship of this disease As matter of fact I believe that the State Health Department does not consider this disease infectious as yet 5. do not quite understand this White Re James James Riley we. can be question If by the test the lung biopsy is meant I would say that this procedur will help us in establishing a definite diagnosis If the asbestosis disclaimed then this individual in all likelihood has no claim for compensation 6. The lung biopsy can be performed without the concomitant removal of the lung cyst to establish a diagnosis do not know of any other method which would be more definite in attempting to determine the diagnosis and consequently the industrial causation hope I have been of some help in answering your questions If any other thoughts come to your mind please be free to call me by phone Vary sincerely yours Jahn H. Urabec M. D. Be 3.ma3.tmat3.mat Oba & MAY Gmaalla F 94W9 EN = OM ARCHOALO MALCOLM OBLI ARCHOALO OBLI ROM DUE A HILLKINGER HILLKINGER 4LINQEND MAURICE 118 4666M 4LINQEN4DLINQEND 4LINQEND HUURIGAN TRENE , P410 OLGAN HUURIGAN OLGAN JUMA C357anzo COME COME BROWN .. ARTHUR QAPAQON QAPAQON #OBLAT ' BOCALRAY BOCALRAY ... WILLIAM UFFERT UFFERT ', SPRAY GOULD & BOWERS ATTORNEY AT LAW April 29 1959 10 APR 30.44.3 0.44. 30.44. 59 87== MIRE SOULEVARD SOULEVARD LOS ANGELES 17 SALIFORNIA and 1287120870 501Industrial Accident Accident Commission 501 State Building 217 West First Street Los Angeles California Attention Mr. George Martinelli Referee Re James Whitcomb Riley va Jhns Jhns Manville et al ' IAC Claim No. LA 182.835 Gentlemer It la requested that this matter be set for further hearing for examination of Dr. Brewer and rebuttal evidence Very truly yours SPRAY GOULD & BOWERS Maure | Maurice W. Bralley Jr. MMB 6331 CC Hays and McLaughlin Hollywood Hollywood Blvd. L. A. 28 Herlihy Herlihy and Herlihy 412 W. 6th L. A. 14 Clopton and Penny 639 S. Spring L. A. Joseon Bilonak Travelugu Ino Co. 10 W. 6th St. L. A. 13 Food Carignar Carignar Motorists American Motorists Ins Co. 354 11kizu Blvd. L. AT al oe BO Sad ae ~ 10.30 10.30 Mait 10.30 10.30 MENS CABUALTY WOMPANY i LUMBI MUTUAL WOMPANY MOTORISTS INSURANCE AMERICAN COMPANY AMERICAN MANUFACTURERS MUTUAL INSURANCE GO PEDURAL MUTUAL INSURANCE COMPANY JAMES 0 EMER tussauan ie il it LI eee t Pehetyee APR 30 AM 9 3348 WILSHIRE BOULEVARD + LOS ANGELEB 9. CALIFORNIA 1 DUNKIRSK E April 29 1959 Industrial Accident Commission 501 State Building Los Angeles 12 California Re 81 0 68854 IOD James W. Riley vs. Johns IAC / L.A. 182 835 Manville etal Gentlemen American Notorists Insurance Company has received copy of communication dated April 23 1959 1959 attaching supplemental April 16 1959 of Lyman A. Brower III H. D. your joint report dated American Motorists Insurance Company requests that this be set for the purpose of examination of Lyman matter A. Brewer III H. D. and the introduction of additional and rebuttal evidence Tery truly yours AERICAN AERICAN HOTCRISTS HOTCRISTS HOTCRISTS ae INSURANCE INSURANCE INSURANCE CONTAY CONTAY CONTAY mA . ^' s to Carimar tere F. E. Carimar Carimar cal Compensation Claim Department FIC FIC ad FIC & cc; Hays & McLaughlin AttyApttyp 6331 Hollywood Blvd. L. A. 2 Calif ta, ec; Spray Gould & Bowers Attyp ce9s72: shire Blvd. L. A. 17 calls ce; erlify & Herlihy Attys 412 W. 6th St. L. A. 14 Cali ccy Clopton & Fenny Attys 639 5. Spring St. L. A. 14 Calif se; The Travelers Ing Co. 510 M. 6th St. L. A. 13 Calif Attn Joseph Bilchak i td ala r wear April 23 1959 Hays and McLaughlin 6331 Hollywood Blvd Los Angeles 23 Spray Gould and Bowers 1671 Wilshire Blvd L.A. 17 Herlihy and Herlihy 412 v 6th St L.A. 14 Calif Clopton and Penny 639 & Spring St. LA 14 Joseph Allsbak The Frauders Ins Fred Carignan American Motorists Ca. 510 W. 6th St. L.A. 13 Ins Co. 3545 Wilshire L.A. Centlemeni RE JAMES WHITCOMB RILEY 19. JOIDIS MANVILLE et al LA 132-835 We hand you herewith the supplemental report of Dr. A. Brewer dated April 16 1959 He has Lyman a statement of the attached to this probable fee for the proposed surgery report The parties are hereby notified that unless contrary be shown within the good cause to the mtter standa submitted for deneaxltaisoenven days the above entitled entitled Yours very truly Dna 2 GAKINN GAKINN ENOROKA. MARTINKILLS MARTINKILLS Referee 10.30 FRAMI ^,, Bob l"i LYMAN LYMAN ^ BREWER BREWER UI M. B. | . 444 HOWARD L IND M. 5440045 8TORO George A. Martin LA Referen State of California Industrial Accident Commission State Building Los Angles 12 California _ MAISSION LUS ANU~ L25 wn . 1 APR AM 8 48 Wt BOO OS DOM AM LOS 80 ANGEL 67. GOLJPQUES 1659 165169 59 NO EFEREE EFEREE CC Dr. Curlin Gentlemen Re James Whitcomb Riley No 57 LA 182-835 Conferenca 4/15/59 - This is the second request concerning the propriety of the surgery on the above patient We refer you to letter of March 3 1959 in which we stated that we believed it was poor medicine to go ahead and do a thoracotomy for a lung biopsy when a diseased portion of the lung which was a potential hazard to the patient would be left behind The pauent does have a pulmonary fibrosis which is compatible with asbestosis and since he has had an exposure to this dust it is reasonable to consider this case as industrial in origin However since the diagnosis can be made only with certainty by lung biopsy the patient was originally referred to this office for such a procedure We believe that if the lung biopsy is justifiable as an industrial operation then removal of the concomitant diseased part of the lung should be so considered and this phase . of the surgery could be carried out at the same time and under the same auspices Thus it is reasonable to consider bath phases of the surgery as Industrial It then is our considered opinion on this case and we hope this answers your question LAB Very truly yours , c + -~ SERVED 4-23-59 nn Hays McLaughlin Spray Gould Bowers Herlihy und Herlihy Clopton and Penny J Bilchak The Travelers P. Carignan American Motorista Virua III M. an aera ewee head ee PORE AoE mo , gest ee 2 eer Leer gaat "ee! abe * a . sa CONTINUED: oo Cc. R. Dutton, C. A. cen Dutton A. LeighLtoneiLegighhtotn oWn,esWteaotnon PibrGe lass Supply Ltd. Utd, ene Ue Place LA Eee The United Pacific Insurance Co, South South Shatte United Pacific A Insurance . Company x South South Kingsley L L A CR ie ~* BbbbopaceX BbbbopaceX Pire & FaP General Life Ina Corp 3535 6th St L ha Fe. Automobile ea. & Cas Co 639 South Spring LA LA Rebrity Mutual Cas National Co. hel So. Hill St.All St.All State Comp Eux Frond 2134 1.0.54 S. CASE NO 37 CA.182 5 a its^nsoa reIfnertehenceVettoerans Administration hospital records there pneumoconiosis pneumoconiosis Experimental studies conducted at animals who are exposed to minute high concentration indicate that develop inflammation of the lungs ticular case therefore it would fiberglass dust inhalation is not cant's condition particlesLake Saranac New York on particles of fiberglass in a period of time they and fibrosis In this par be difficult to say that contributing contributing to the appli applicant it He examined the diagnosis has applicant again on January 20 1958 and hia been the same His conclusions at that time that the mation which was still suffering from pulmonary vert inflama was still fibrosis of the active but improving the degree of down and lungs was the same the applicant was wear and a new finding of anemia was was later corrected It is his made which condition condition suffering from a pneumoconiosis opinion of that the applicant is He has pulmonary fibrosis with occupational origini ia very difficult to features of asbestosis but it by say that other foreign dusta such the asbestosia is not complicated as fiberglass founglass rock wool otc which In other warda are there may have been other industrial hazards present the disease is the cause of the applicant's for the reason that the disability at this time at the apex of the photochromogenic lung but disease usually starta of the base of both lungs here first rays and then later showed involvement condition had advanced to the rays showed that the disease the first findings apex Usually are in the in photochranog the lungs apex and not in the base of On June 17 1958 he made a Company diagnosing the report to applicant's the Prudential Insum ace fibrosis with condition as pulmonary On April 18 1a9m5p8hyhseemmaadeThea tsoimiplhaortocrahproormtogetnoicthefOa ccs idt entablacilis Insurance Company and on March 3 1958 he prepared an affidavit describing applicant's condition as pulmonary fibrosis due ta photochrogenic acid bacilli . It is the witness and not merely a possibility but a reasonable opinion is suffering from an occupation certainty that be lung biopsy would be helpful pneumoconiosis he stated that asked whether a dangerous first of all the tissue to be such a procedure is from the diseased portion of the lung examined must be and the tak portion of the lung may cause a deterioration ofsutrhgeerycondtitoion tcohndiitaion Consequently he would not recommend 15 Usually asbestosis is found among these employees engaged in the manufacture of the product rather than those who and in the former cases the condition ia the result us oe f 1 ex 5trmS exposure With the history in mind that the applicant vorted th asbestos products he instructed Dr. Smith for asbestos bodisa PENSATION PENSATION PENSATION PENSATION PENSATION cse ve nae paner +8 BEFORE THE REFORE ACCIDENT COMMISSION ACCIDENT ACCIDENT STATE OF CALIFORNIA Case No. 57A 109-433 umi GRACE AYuzy, by haw GRACE HILFT her GuarGdiuaan rdian ad Litem Litem cmneiaied| JOHNG - ELLE INC et al Applicant Applicant ) Order Dismissing Party Defendant . Defendents ee PuPmient to Nation of Intention and Be Good Cause Appearing Therefor IT IS HEREBY ORDERED THAT el JOMEP Jamar Olban Company and Imployers Mitual Liability Insurence Company of Wise parties re dismissed dismissed anu defendant defendant in above excided case AMI AMMOT ATE ATE AT ATE PALL ANGELES 23 CALIFORNIA CALIFORNIA & PALL t RLY n Copia Copan April 25 mailed on Evans one 70,MLaughlin and Bowers Tay,Gray Goula Tipion singand Jidoruk Travalora Travalora Jidoruk Jidoruk American Nutarlata oA I.Carignan Liberty Mitual Pund , Liberty State Comp Ina e State bOP GALT Jumma mar ber GALT, Jaana Allay : Clopton Brubeck Melger Brubeck Pusion Standa MuChodey Moker Co. JAHAP Petersen dian JAHAP a wiils, t Laployere Riley ang Giasn Ca, vse cooks ep it Sa .- 2 " tia ET EP vote INR tre C (=) P nok INSERT INSERT INSERT INSERT INSERT INSERT INSERT COM COM ( f INSERT BEST , INSERT 4 INDUSTRIA aL INDEMNI Gatsber 17 1561 = . s to . NO Oct , FILED fy Acted Casualty and AsmuTKY 810 Smath Spring Streat Los Angeles 14 California ~ Gant lamers ApplicAapnpelBaisecssaedtne ac wee Our Claim Rot EXHIBIT FILED a 11 COSE 16 AH REFEREE REFEREE ' FLES 6 FLES Whiteab Whiteab Kiley - 27-14-183-5 Poo 9 57-03-11687 a SN geeta ec On August 3 1961 the Industrial Industrial Accident Trustee Pindings sad aard and Order For omplied with this ward Comminatoa tasued Comerbut To . its Order Appointing Appointing Appointing data yum have not the ward Damand is hereby nada for immediata compliance with the provisions of Sincerely years _ INB 17 ff eat Industrial Accident Commission , - B. W. BravE Glates Supervisor re ee ape ae a a October 17 1981 - Stale Compensation Ingurunes Fund Bew 2136 : Los Angeles 24 Galifornis C . 4 4 4 . GentlemJ GentlemJ . Deesased Jesse Whiteamb Bhiag . Appliances Appliances dunes Riley er meme Sa IAG Bat 57 182-839 Our Clain No 657-03-11487 657-03-11487 (' On August 1 1961 the Industrial Accidens Trastes Piadings and turard and Order For complied with this ward mudasion Lammed Contribution To iza Order Appointing Appointing date you hava sat P her is he ereb by ny ada fur immediate provvi ichsthi e pm rove isin men of the man iamraly yours Y DU/ BLY #c Industrial Acsident Commission 1. E. Ba Claims Supervisor 446 446 21 fun petite April n,, April , April April 20 1907 (rears BibeeadiectomsnaealitelitatiBee ~~ The E. J. Sartells Company 1212 Sixth Avenue South Seattl4e Washington Washington \ Attention H. A. Johnson HE: JAMES WHITCOMB RILEY Gentlemen 5J7O7HN-S4--133MAN-TVI8LLE3MA5NTVILLE INC i Inasmuch as your letter of April 20 1961 to this offine indicates that your vorleman's compensation carrier is then Department of Labor and Industries Olympia Washington a copy of said letter and of this reply are being sent to seid office _ ae aforementioned It appears advisable that you contact your insurance carrier for advice regarding further proceeding in the above captimed sasa Very truly yours 08:081:818 MAURICE 0. Industrial HERSCH Accident Counsel Comission . Dept. of Labor & Industries Olympia Washington Enal Standard Accident Insurance Companysst she eeonaree ieee cahualty fine MARINE - FIOCLITY Swasty ALIENZE ALIENZE ; . i. , moowe Southern \ ABSENT | HALISERIN HALISERIN _ Southern California Branch OFFICE N fangpremis Brunngton : ABSENT 1 SLET ORRE - Lo. ao ; ; _ LOS ANGELANGELE ES S 1. CALIF . . soe DISERT DISERT DISERT ae . DISERT DISERT 7 { DISERT DISERT August CORRECT 4M DISERT g SHEET en i | 7 a: 3 , i 1, a & ; a Ar" 4 . a ae _ so 2 . . a ad = a . rr re) ; i - ee . ay Hellay a ring fa | ; ae Soe ee } AsAsttaarr George Thcspenn ; . ae Y a . Bee : , Ber ts, : 1 Our File Be 244998Cork woe = Employer Armst Corr k o Con mpag ny = Injured James Whitcomb Riley : Inj ofu Inr juy ry 1951 IAC Case 10. 57 L^ko3-02 ; Ellay vs. ko3-ae 0 GL 2 Cg Gentle { by the industrial Accident ACcocmimdiesnssionmaiinretaheeneCmopmtpiaonnyel enclosed herevith Standard Industrial Indemnity Ompany share meard which represents our the dated August 1 1961 YON 07 me T. C. MC DONALD WAT op Clain Dept. 00 Industrial Awsident CoMMLAS ; aes Amy J. Quaick Attorney at Law -- Industrial Accident Commission . 10/17/58 Employer Period Ended Amount Philip Carey 18g Co. 3/31/53 Clark B. Resce Reses Insulation Co. 3/31/53 Plant Insulation Co. Inc. 3/32/53 6/30/53 9/30/53 Armstrong Cork Co. 12/31/53 Clark B. Reece Reece Insulation Co. Armstrong Cork Co. 3/31/54 3/31/54 6/30/54 9/30/54 7.90 75.40 1,908.80 1,615.80 1,615.80 144.00 144.00 1,029.00 72.00 72.00 1,391.60 1,3911.,63091.60 1,686.40 1,686.40 Owens Carning Fiberglas Corp. Toledo Ohio Coast Insulating Products Coup 2316 San Fernando Road Los Angeles 65 Calif 12/31/54 \ 12/32/54 78.60 Coast Insulating Products Corp. 3/32/55 1,741.95 1,741.95 11 6/30/55 63.00 R131155 1,157.00 Ovens Corning Fiberglas Corp. 6/30/55 2,313.00 2,313.00 Los Angeles Cork Co. Corp. 6/30/55 9/30/55 Plant Insulation Co. abiahBs. & Corp. 9/30/55 12/31/55 (cant S91, of fee . .enma ene 2 - . Fer Tadustrial Aceldent 2Smmission = 10/17/58 Industrial Employes Masvilis Sales Manville Johns Manville Sales Corp. 40th St. Yew yore Ended Ended 9/30/55 York 16 Co, Totsan Totsan Morgan ave. Totsan Michigan Michigan Chicago INI Producte Coast Insulating 3/31/56 3/31/56 6/30/56 : 3/31/56 Amount 130.00 130.00 . 1,371.50 1,371.50 1,600.00 1,600.00 1,164.50 $ 234.00 J.T. Thorpe Inc, Totman Morgan Co. Mountain State Mountain State tion tion 7586 Denver Colo Construc Construc > 12/31/56 3/31/57 6/30/57 3/32/57 6/30/57 1,527.60 1,340.0 1,340.00 1,065.30 3 132.00 : $ 480.0 480.00 Our records do not show since exployers are not the exact dates information information since since reports required to furnish this information Sincerely Hay of Hay Assistant Assistant rector Te ine aU ere ay A ema ae ... ... eon 7. L RAYS & Melauombal ATTORNEYS AT LAW 833 H^ LL7woodH^ LL7wood No46E9008 LOG ANG2129 26 CALIFORNIA . HE reoee 7. mr October 24 1958 ees OCT 29 N N 9 19 tee enw bill me Industrial Accident Commission 501 State Building ' Los Angeles 12 California Attention George A. Martinelli Referes Re JAMES WHITCOMB RILEY vs. JOHNS MANVILLE I.A.C. Case No. 57 LA 182-835 et al Dear Sirs ... 1/5/55 1/5/55 1/5/55 v 1/5/55 fi\ We are enclosing a letter from the California ... Inspection Rating Bureau dated July 18 1957 which shows in Paragraph 10 that by the records of that company Pacific Indemnity Company was the workman's compensation in... surance company for the Plant Insulation and Thorpe Insulation Company from May 9 1951 to June 30 and from June 30 1951 to January 1 1952 1951 We are writing to that company to ascertain what their by Pacific the letter records show concerning insurance coverage Indemnity Company Based however upon from the California Inspection Rating Bur- eau it would appear premature to dismiss Pacific In- demnity Company JFM T Enclosura Very truly yours HAYS & MCLAUGHL Baitho Baitho Baitho - John F. Laughlin , Attorneys for Applicant iy wa CC Herlihy & Herlihy 412 W. 5ch St. Los Angeles 14 Clopton & Penny 039 So. Spring St. Los Angeles 14 Spray Could and Bowers 1671 Wilshire Blvd. F.E. Carignan American Motorists Ina do L.A. 3545 Wilshire Boulevard Los Angeles Joseph Bilchak Travelers Insurance Company 510 west 6th Street Los Angeles Company : Newtons TASS : fo bys 3 a. a + fey cer 1seawd 764 DUREAU CALIFORNIA INSPECTION RATING RATING . 600 RANSOME STREET SAN FRANCISCU 11 CALIFORNIA vewames MAGNE 4. 600 DAVNY DAVNY J. M. BOYALAN BOYALBA OYAN LAN . somone R. 7. Read mo = General Fil William 7. Haye 6331 Hollywood Soulevard Los Angeles 28 Califomia RE JAMES WHITCCB RILEY Centiment In reply to your letter of June compensation insurance carriers for James reveal the following information 20 1957 Whitcomb requesting Riley our worlmen records 1. John Manville of J. M. Products Company for the year 1920 at 2960 Leonis Vernon California We have 20 record for the year of 1920 our records only go back to September 13 1930 to 1939 2. Warren and Bailey for the year 1925. Our records do not 60 back that far 3. Southera Asbestos Company 1926 and 1927. We have a fila for Southern Asbestos and Magnesia Corporation at 1701 North Main Street Los Angeles Por the period of May 11 1926 to November 1 1927 Associated Indemnity was the carrier From November 1 1927 to August 1 1928 Pacenix vas the carrier . Asbestos Company of California San Francisco for the year 1928. We have no record 5. Plant Rubber and Asbestos Comparty for the years 1929 through 1933 address 3741 Yates Street Los Angeles California We have no record 6 Los Angeles Rubber Company Los Angeles for the perial of 1934. We have a file for Los Angeles Rubber and Asbestos Works Corporation at records only go back 102 Last 3rd Street Los Angeles 30 as far as June 1930 1930 to 1930 > ' ohn: eure Sa ~ ~ ee oe aS em er a em ** Page 2 7. Plan abber and Asbestos Company for 1942 through 1946 We have no record 3. Marine Engineering Company and Fiberglass Company 1948 through 1949. We have no record 9. Lynch Asbestos Company for the year 1950. We have a file for Lynch Asbestos Company at 2939 South Sunal Drive Loa Angeles The carrier was Industrial Indemnity for the 10. Plant Insulation and Thorpe Insulation Company years 1951 through 1954. We have a file for Plant Inmulation and Tharpe Insulation Company at 2741 South Yates Avenue Las Angeles Pacific indemnity for the year of May 9 1951 to 1952 cancelled as of June 30 1951. Pacific Indemnity from June 30 1951 through 1952 cancelled as of January 1 1952 Fireman's Pund from January 1 1952 through 1954 cancelled as of October 1 1953. Zurich from October 26 1953 through 1954 cancelled as of November 13 1953. Fireman's Pund from October 1 1953 to 1954 cancelled as of May 1 1954. Time man's Fund from May , 1954 to 1955 cancelled as of October 1 1954 ar Employers Mutual from June 19 1954 to 1955 11. Coast Insulation Company for the year 1959 2315 San Fernando Boulevard Los Angeles Guarantee Insurance Company May 1 1954 to 1955 and Argonaut from May 1 1955 to 1956 Armstrong Cork Company through year 1955 at 1206 Maple Ave. Los Angeles California We have two addresses for this ompany one at 56 Tebama Street San Francisco and 5037 Patara Street South Gate Los Angeles Carrier vas Travelers from January 1 1955 to 1956 We trust this information will be sufficient for your records Very truly yours R. T. Head Superintendent Underwriting Underwriting Department ) wy Jacobus J ase October 22 1958 Hays & Merliny 6331 HaLaughlin and Herlihy Hollywood 418 Y. 6th Blvd Street Los Angeles Los Angeles Calif 14 Calif Clopton and Penny 639 South Spring Street Los Angeles 14 Calif Spray Gould and Bowers 1671 Wilshire Blvd. Los Angeles Calif F. 8. Carignan Amerisan Motorista Ins Co. 1545 Wilanire Loks Calif Joseph Allahak The Travelers Ins Co. 510 W. 6th Street Lu A. 14 Calif Gentless Gentless Gentless & - RE: JAKES AWA AWAYY VS. JOEMS KANVILLE ot al LA 189-825 He hand you herwwith the original and mopplemental reporta Dr. Lyman of A. Brewer Independent Medical Examiner dated August 1758 and 20 Netower 7 lyd rempestivaly Inquiry has been made by the several parties relative to the fill s088 of the examination although our records indicate that ouples of the b^l^shave heretoform b ca served upon the parties However for your information the abarges made by Dr. Ar^,ver^re na follow August 8 1958 Examination consultation and enoat x-ray $ 32.00 Gatober 8 1958 Second letter on rupart 10.00 $ 2.000 Dr. brewer has requested authorization for the performance of a lung blopay to assist in the final alagduals of this case bu Qza PoquaaciPnoquagacing of the defendance at this time authorization to proceed with such testa Bod examination together with mhatever hospitalmation eta as my be necessary for a full and complete report tl We would appreciate an surly raply to this request Relative to defendant Pacific Indemnity Company's request for dismissal it is the inlantion of Unia Commibuion to diasias Buid Paolfie Paolfie Lidownity Company sintu lisurance Guv hea not been proved a iinst it whens good cause to the contury is shown within the next seven Jay Yours very truly JANDAN JANDAN GEOR ->EA. MARTINELLI Refarma ta l in sD " : $ ir tr ENRICAL EXAMINEREXAMINER FRANK BOLLEY NO clans 4 LV oh MGHM OME E mM. 1H, ot. LKD ILKIN NG LKG ING M. Sada 646 . . ower eney Uae E 4Ee iO ARMELAS UP Gis MOmRe ry October 7 1958 Paul Beddoa M. D. State of California Industrial Accident Commission State Building Los Angeles 12 California Re James Whitcomb Riley No 57 LA 182-835 Dear Doctor Beddoe Conference 10/6/58 On September 25 1958 you have requested a supplemental report on the above 10 patient as a result of our examination of August 20th 1958. We have been asked to note Referee G. A. Martinelli's memo dated July 14 1958 I refer you to paragraph 2 and 3 on page 3 of our report of 8/15/58 In that it is stated that the patient does have pulmonary fibrosis The cause of this IE pulmonary fibrosis is not definitely knowy Although asbestosis is a possibility yet in our opinion the exposure has not been well enough documented to prove that asbestosis is the cause of the fibrosis Therefore it was our recommendation that a lung biopsy be carried out to make certain of the diagnosis in this case Since the diagnosis is in question one cannot answer categorically Question # Is the patient suffering from asbestosis or any similar type of disease Thus the whole case is in our opinion unproven and needs the lung biopsy for final diagnosis There is no question that this patient is incapacitated The amount of 11 incapacitation of course depends upon the functional tests which apparently he had at Doctor Motley's Laboratory at the Hospital of the Good Samaritan the report of which we have not found But before elaborate grading of the disability be made definite proof should be obtained that this is in truth asbestosis or silleosis of industrial origin We hope this makes our position clear let us know If there are my further questions kindly LAB d Very truly yours " , 1 hishis LymaAn. Brewer III M. D. i RAVED 10-20-53 : Hays and Mebauenlin Herlihy and Herlihy Lepton and Penny Spray Gould and Bowers P. E. Carignan American Motoriatst to oseph Bilenak The Travelers Ins Co. FRANK 6B. BOLLAY ON LYMAN LYMAN A BREWER HI 1. 1 EDWARD L'KING 1. DENT L'KING dle DENT . _ titthe wes RAINER OM ARE % COAL Grane 9.4580 i ' RAINER on ramet hae RAINER RAINER { . Def OY. Sanur August 20 1958 Industrial Accident Commission 501 State Building Los Angeles 12 California Attention Mr. William Kaplan Referee Paul Beddoe M. D. Gentlemen Re James Whitcomb Riley Claim No 57 LA 182-835 Conference 8/15/58 The above patient was examined in our office on 8/8/58 at your request and the findings reviewed at our regular conference The patient states his chief complaint - is that of tiring easily being short of breath and unable to carry out his accustomed work The pauent belleved himself well until 1953 when dyspnea was first noticed and has slowly progressed since that time This was followed by cough and expectoration of several grams of sputum dally In January 1957 accentuation of the above symptoms occurred with about a ten pound weight loss He worked until May 15th 1957 when the cough became very severe with weakness and easy fatigue prevented his carrying out his customary activities June 10th and 21st 1957 Doctor Morris Shift discovered tubercle bacilli in the sputum rays were reported as showing active pulmonary tuberculosis He was treated at the Long Beach Veterans Hospital from July 10th 1957 to January 13th 1958. Extensive laboratory studies at this institution revealed this was a photochromogenic type of acid fast bacilli which is not the usual type and considered noncontagious although it produces pulmonary disease He was treated with isonicotinic hydrazid and pyrazinamid at the VA Hospital and since then has been under the care of Doctor John Shirey who has continued him on the isonicotonic hydrazid streptomycin twice a week He complains now of shortness of breath upon walking one to three blocks or climbing one flight of stairs The cough has decreased and he has gained back some weight weighing 118 pounds his lowest was 110 pounds and the average weight is around 14 pounds Past medical history He has no injuries or major surgery of the present tilness had mumps and measles scarlet fever in childhood He considered himself perfectly well until the onset Family history His father died at 73 of heart disease his mother of unknown causes at the same age Three siblings are living and well three children are living and well No family history of tuberculosis no exposure to tuberculosis no rustory of neoplasm or other familial disews5 Occupational history He has been employed in installation work since 1920. This 1920. has entalled applying such insulating substances as asbestos rock wool fiber SERVED 10-22-90 : Spray Penny Penny Spray Could HayTaravelers Cignan and Joseph Could Bilenax and The & McLaughlin McLaughlin Bowers P. Cignan Herlihy Herlihy Cignan and MMoorlirnylinMy orliny; Clopton Clopton Ins . Cignan American Motorists st A 20 \ mes vrs. ee eye ows DAS se q Re James Whitcomb Riley page 2- oy w Yrie am wane te - - me meme 4-1471 sea ea 4-1471 glasa coarse cork and various blocks including Detrick Mono and Kalo preparations He stated it was frequently necessary to cut the blocks or pieces of the various substances which raised a dust which was particularly haevy when ha worked in \ closed rooms The dust concentration was very high at times and at which times he did wear a protective mask although this was not generally used He worked for some 18 different companies or more during this period of time The names and dates and working conditions have been carefully recorded on the voluminou records of the Industrial Accident Commission and will not be repeated here However the patient particularly felt that he was exposed to Ramiculite mica powder for seven months in Carlsbad working for the Popman Morgan Company and also seven months at Redondo Beach working for the J. P. Thorpe Company prior to his cessation of work He felt the dust exposures were particularly high during that period of ume during his time of employment with those companies He further stated that dry pumice was used in some of the packing and Insulating operations Loe History by systems Except for the cardiorespiratory revealed no complaints bearing on this case Physical examination revealed a fairly well developed thin 58 year old male in no acute distress Temperature 98.6 pulse 88 respirations 20 blood pressure 130/80 weight 118 pounds Head and neck No positive findings no nodes were felt either anterior or posterior cervical regions Chest Slight increase in the posterior diameter respirations fairly deep and equal Breath sounds were vesicular in type diminished Transient rales were heard on coughing at the bases posteriorly Heart is not enlarged rhythm regular no murmurs Abdomen No masses nor organs felt Extremities no edema reflexes active no sensory changes Fluoroscopy of the chest showed the diaphragms moved well equally about 4 cm some Unear fibrosis over the lower half of both lung fields As the right apex considerable fibrosis was present Cavitation could not be made out definitely but was suspected Heart was not enlarged aorta and pulmonary conus were willin normal limits Review of the rays February 1958 showed moderately advanced pulmonary fibrosis most prominent at the bases bilaterally In addition there is a fibrotic infiltration at the right apex and subapical area which shows some rarefaction Recent films show no essential change Laboratory data No new laboratory tests were ordereodn this pauent because there is ample documentation on the reports made available to the undersigned by the industrial Accident Commission The most significant findings are 1 the finding of the photochromogenic acid fast bacilll and 2 is definitely stated that on at least one occasion asbestos fibers had been found in the sputum by Doctor Richard Smith Laboratory However the patient stated he had careful pulmonary function studies at Doctor Motley's Laboratory at the Hospital of the x Re James Whitcomb Miley page 3- . th tome cs ee nee . fl fl Good Samaritan July 8th 1958 and this report was not found by the undersigned with the Industrial Accident Commission's record The main quastion posed by form this patient of course is whether or not he has asbestosta or some other of industrial pulmonary fibrosis In support of the asbestosis diagnosis we have exposure to asbestos dust over this long period of ume However the exact concentration of these dust particles are not known and the clinical disease is more commonly reported in patients who have fabricated the products rather than those who apply them No careful documentation of the exact concentration in the air during these periods of time of asbestos dust has been recorded The finding of asbestos fibers in the sputum points to exposure but does not definately make the diagnosis Actually it is well known that the fibers have to be over 10 microns in length in order to cause a characteristic plugging of the bronchioles which results in the clinical disease of . in asbestosis The size of the fibers the sputum raport has not been given The bas~-larinfiltration of the lung fields is in support of asbestosis which shows a predeliction for these areas One would have to discount the apical infiltration on the right which is presumably caused by the photochromogenic acid fast infection This seems to be a superimposed infection on the pulmonary fibrosis and emphysema that is present Other industrial unitating dusts have been amply documented in this record including silica magnesium foam and fiber glass and rock wool However the characteristic butterfly and hilar infiltrations of silicosis is not seen on the ray The pauent has a prolonged exposure history to these dusts of at least 15 years Exposure over a period of least 15 years is usually considered necessary for asbestosis unless the concentrations are exceedingly high which apparently has not been constantly true in this case The diagnosis in this case certainly is pulmonary fibrosis with secondary emphysema Photochromogenic acid fast infection of the lung involving the right apex is a secondary diagnosis At the present ume the patient's disability does not seem to be caused by the photochromogenic acid fast pulmonary disease which has been well treated and seems to be under control Our opinion is that it is due to the pulmonary fibrosis This pulmonary fibrosis is entirely compauble with the aspiration of asbestos fibers and the other aforementioned dusts Certainly no one can rule out on the evidence that is available that these imitating dusts have not caused the basal pulmonary fibrosis and secondary emphysema In fact it is agreed by all the medical examiners to be present The certain method of proving this however would be by a lung biopsy Since the photochromogenic acid fast infection is apparently under control we believe the situation is different from that reported in September 1957 by Doctor Shirey who felt there was an undue risk to such a blopsy In our experience patient's case we feel the risk to be small indeed In fact this is our recommendation which would support the diagnosis of pulmonary fibrosis secondary to asbestos 1 % Re James Whitcomb Riley page i 7 . eee woods neces reams MEDICAL MEDICAL EXAMINE silica and other dusts inhalation with the photochromogenic acid fast infection secondary to this We hope the above outlined information will be useful in this case LAB submitted Respectfully eS Te en Ce * BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA JAMES WHITCOMB RILEY Applicant VS. MANVILLE et al Defendants Defendants Order Appointing Independent Medical Examiner es me James WhitcoRimlb ey an employee claiming compemation is hereby directed under the authority conferred by the Workmen's Compensation LAWS to report for examination to LymaAn. Brewer a regular practicing physician 2010 Wilshire , Los Angeles California on FRIDAY - AUGUST 8 - at3:3P0M and the said physician is hereby appointed to make such examination and to report the result thereof to the Industrial Accident Com- mission for its consideration Dased this lat day of July * 368 . 19.071 Find Servadi EZ EEA. ER ERA INS INSA_ C. LN __ SUIP / f mee cary me D 10, eGo JDRF JDRF & SPRAY weet # 60910 WIN STANLEY SPRAY COULD & BOWER ATTORNEYS AT WAN October 10 1950 MU 3-4000 1971 BILONING BILONING BOULBOULEVA EBOVULEAVA ~ -e LOS 17 ANGEL^ SCALIFORNIA Accident Industrial Accident Commission 301 State Building 10-1470 OUR NO FILEoF o : 031 031 JOCT JOCT JOCT NDER NDER SASSIENT SASSIENT | STILLA 14 SAS IENT NDER STILLA 23 SE REFEREE PO REFEREE AM 4829KON ANGELES4829KON 8 ANGELES ANGELES REFEREE ANGELES ANGELES 182-333 Re Manville James Whitcomb RileRileyyvs. IAC CLAIM ST . ST LA 182-333 et el Gentlemen It is requested that we be served served with a copy of the total bill for the independentindependent mmeedical dical examiner or in the alternative the breakLown of the various charges illocated to each defundent Very truly yours SPRAY GOULD I BOWERS ---- --,Br--ali...ngs-- Maurice W. BralleyBralings MOS amnt MB ira? Ins CC Travelera Ins Co. 510 6th St. Los Claim No. # 6045076 Angeles 148 & Div Hoya & Neb Neb = Hollywood Div L. ingeles ingeles ingeles ingeles ingelie nges les Call2 Call2 Lod Annales Annales Annales Calif Calif . . . . wee . - Vemma & . la Pd owe Be Ge ee . Te i aialiatns me amend ee aL a oe Re ns Rr SO TheTravelers GLAMA BEPARTMENTBEPARTMENT The Truly Truly PLANS G. , Gem Damag 19 AM 9 17 SaSmponyampony ee L KRAMEN KRAMEN REFICI dabiest _ L06 AMORES 14 ~ AUPORNIA~ AUPORNIA Fonerhates ite Sit September 18 1958 ' B 8545076 Johns Manville et al Re James Whitcomb Riley 57 LA 182 8182 8335 5 Industrial Accident Comad salon 501 State Building Los Angeles 12 California ATTN George A. Martine Referee Gentleman Gentleman We are in receipt of bill for independent Medical Examiner on the above CAMA hereby We are alternative requesting a copy of the total bill or in the the breakdown of the various charges allocated to each defendant Very truly yours kb CC Hays & Melaughlin Attya 5331 Hollywood Blvd. Los Angeles 28 California Herlihy and Herlihy Attys 12 West 9irth Street Los Angeles Lu California Clopton and Penny Attys 609 S. Spring Street Los Angeles 14 California Jos BILCHAK Hearing Representative . Spray Could and Bowers 1671 Wilshire Blvd. Los Angeles California Attys F. E. Carigan American Motorista 3545 Wilshire Blvd. Los COMPENSATI California COMPENSATI HOME OFFICE 100 MAIN STREET HACTIO40 18 net ae me en eke e a AN. GEEORRGEBERT 19 N^ RM JONN EMANDER BICHARD JONES D. TRO TRN ON ATORNEYS HERLI HERHLIYHY SUP03 ATORNEYS PAGE BRETONA FILING DI AD 106 ARGIDAN LAS ANDME 10 CALIFORNIA TOP BAtescn 7,4011 September 5 1958 ---- ---- -- -- pg _ ( HERO LAIN9HF_ LAIN9HF_ HO LAIN9HF_ ILFERED ILFERED Industrial Accident Commission 501 State Building 217 West First Street Los Angeles 12 California ATTENTION Referee George A. Martinelli Re James Plant I. A. Whitcomb Riley va Insulation et al C. Claim No. 57 LA 182-835 Dear Sirs : At this time we are again writing requesting a formal Order of Dismissal issue as to our client Pacific Indemnity Company As you will recall at the hearing held in Long Beach on January 2nd and January 3rd of 1958 a Motion to Dismiss the Pacific Indemnity Company as a party defendant was made and granted by you On July 14 1958 we wrote requesting a formal Order of Dismissal At the present time our client such an Order so that they may would you please issue such an is very interested in having close their file Therefore Order as quickly as possible Very truly yours HERLETY & HERLIHY KTJ DCJ co Hayes & McLaughlin Attorneys at Law 0331 Hollywood Soulevard 206 Angules 20 California By Kennis CYerae ee wrt o a e ATS St oes SAIN I MERDANT MERLIEV P. GEORGE HEALINT RAT & CUMMING SAPHY GRANGES RICHARD MALLERY LENNIS T. JONES Yo7 us HERLIHY & HERLIHY15 ATTORNEYS AT LAW PM 2 22 . , I 318 AMOR CENTRAL BUILD orb WAT DIT STOLE LOS ANGE25 14 CU td? NO ; TELAUNONG TRINIZeEe H~ FEREE July 14 1958 Bb 6 tone--r -- -- -- -- -- --<--fl -- -- -- -- -- -- --<--fl -- -- -- -- -- -- --<--fl Industrial Accident Commission 501 State Building 217 West Pirat Street Los Angeles 12 California ATTENTION Referee George A. Martinelli Re James Whitcomb Riley va Plant Insulation et al I.A.C. Claim No. 57 LA 182-835 Dear Sirs As you will recall at the hearings held on this matter at the Vetarana Administration Hospital in Long Beach on January 2nd and January 3rd 1958 the Pacific Indemnity Company pursuant to stipulation of all parties present was formally dismissed The Pacific Indemnity Company and this firm is interested in having a formal Order of Dismissal issued Would you please issue such an Order at your convenience Very truly yours HERLIHY & HERLINY HERLINY KTJ DCJ cc Hayes & McLaughlin 6331 Hollywood Boulevard Los Angeles 28 California Kennis Jones et Re e Ju1l 4 1y 958 Bays and McLaughlin 6331 HallywoBlovdd Los Angeles Calif Herlihy and liseliby 412 V. 6th Street Los Angele1s4 Calif Clop&tPo enn ny 639 3. Spring Strat Los Angeles Calif Spray a Bowe Bor wes rs 1671 WilshiMrved Los Angeles Calif 7. & Cariman American Motorists me Co. 3545 Wilshire Elvis Indo Joesph Bilchak The Travalera Ins Co. 510 W. 6th Strees Los Angeles 14 Gentleme Gentleme RES JAMES RILRIE LEY Y V. KHS MANVILLE et al rin ry 107-115 indiented that the folt After a review of the wire record it appointment appointment 11 of an independent medical are barsby comme is iindinentdedependent the defendants offer of balical ELVE notifioi has is acceptal . understanding ha la autorizul hospitalisation be ' do scoured that all necessary raR nS ad tests ha autorizul autorizul If I as Licu 11 66o you nothco .00 applicant will therefore examined impodiately nothco nothco inspenient adical ex .000 report will be azi inspenient filai copios rape which .000 possession Commiss the parties at pos es ion 1r0ap.e Please file all rays in your possession with the The applicant will receive notice in the sail as to the time and placoef erazization Jars very truly CA nt 661 Jazes 47 W. Widtem 4 62 dilay 37 CEOICE A. ANTISTILLI Raferos es an osearn 5 pal aRapes helsDe a ira! SCRA et OO BEFORE THE IDERIAL ACCIDENT COMMISSION OF THE STATE OF CALIFIB CASE NO L.A 183-835 JAMES WHITCOMB RILKT Applicant , Vs | MANVILLE et al REQUEST FOR ABSTRACT ABSTRACT op EXPLODMENT RECORD Defandanta TO Department of Health Education Social Security Administration and Welfare . Candler Building Baltimore 2 Manglandia Manglandia 544-09-2274 544-09-2274 to IT IS H^ RMBYREQUESTED that you furnish to this Commission Commission an abstract of the employment record of Janes Whitcomb Riley 591 54 -09-2 74 ; together with the names and addresses of the employers employers be used la evidence at the hearing of the employee's claim that he has developed pasumoconiosis because of his employment over a { period of years | 1958 DATED at Los Angeles California this 9th day of July | | GAM NN_ J INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF JALIFORNIA JALIFORNIA anti ad | SAVE 7-9-58 nas Haya & McLaughlin 5331 Hollywood L Herlihy and Herlihy 412 W. Blvd A 28 (QO 6th Clopton and Penny 639 S. Spring St 26 ee : 14 Spray Could and Bowers 1671 St LA Wilshire if 7. B. Carignan American Blvd L afoci Se. Joseph Bilchak The TraveMleortsorIinssta Co3.545510WiW.l 6uietse, r e BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CASE NO 57 L.A.182-835 | JAMES WHITCOMB RILEY ) Applicant / 12 vs MANVILLE , et al , Defendants 1 MINUTES ORQURTILER HBARKING INDUSTRIASTATLE ACCIDENT COMMISTSON PILED JUL 7 195872- 195872- ) WILLIAM KAFLAN KAFLAN ABGT MERGIARY ' THIS CAUSE cane on regularly for further hearing on the 3d day of July 1958 at 9:00 4.M. 4.M. at the offim of the Industrial Accident Commission 501 State Building Los Angeles California before CEORGE A. MARTINELLI Referee PRESENT / ' 68 ; ; Hays & McLaughlin applicant by John F.McLaughlin F.McLaughlin attorneys for Herlihy & Herlihy by Kamis T.Jones Phoenix Indem.Co Piraeman>a Pund appearing for Assoc Indem.Corp attorneys for Argonaut Pac Indam.Co and Clopton & Penny Employers Ins by Robert Co. #reisner attorneys for Pac Could & Bowers by Maurice W.Bralley autorasys for Employers Mutual of Wis and Guarantee Inn Co. F.B.Carignan representative for Amer Motorista Joseph Bilchak representative for The Travel~ WITNESS John K.Shirey Exhibita received in evidence ee De Report John Urabec 2/24/58 - Def.conaut Def.conaut Rx A DISPOSITION j Appointment of an Independent Medical Examiner is taken See under advisement for 5 days at which time the parties dll be notifie notifie of the Referee's decision , Mina Pur.Hrg 60 D a y -- , vs MEMBERT MEMBERT MARLINY a @ 07 07 Coreci mare BARRY V Svaka DY ADOL GRANDFO we \: - HERLINY HERLINY HERLIHY ATORNEYS HERLIHY HERLIHY With 1 # Comite: puting +44 WE DI ST ANGELERGALIFORNIA LOS ANGELER GALIFORNIA Industrial Accident Commission , 501 State Building Los Angeles 12 California AECHAVLU DISTRIAL ACCIDENT 4 DISTRIAL ANGELES a es MAR 27 ee a 2 4 i Sieenh ~. FILLE AND FILLE CASE - REFERES angonant angonant 1958 ELF Dear Sirm Re 57 LA 182-835 - James Whitcomb Riley vs. Coast Inaulating Co. We enclose the following documents ) ( aInnd aPcrcoorcdeadnucree with the Commission's Ruleosf Practice ( } As Defendant's exhibit next in order Medical Report It John H. Urabec M. D. - February 14 1958 a> Yours very truly HERLIHY & HEALITY HEALITY By Thinnis GY KTJ 510 es: William T. Hays Esq 371 Hollywood Foulevard Hollywood IV California amenifi te ee Een CE arvna. me MS -. with which THE ^ has boun TNACasuALTY AND SURETY COMPANY 2%. manged 7118 AutowashLS AutowashLS INSURANCE COMPANY OF HARTFORD CONNECTICU Y , After 41968 TIPS MELANCE MELANCE COMPANY 1 TK FION WILSGANCI CORFANT Aros HANTPOH^ 19 COMMEE IIGUT UTRE ** UTRE **** YEAT 2 LAIM DEPARTMENT W SMITH Suntem Suntem girt Be eee JUG TEATAE # UTRE JUG | ~osANOCLES 14. ~ AL . t GETOWED TO GETOWED GETOWED wt *** GETOWED California Industrial Accident 501 State Building Los Angeles 12 California Comi . be ig TEREE TEREE TEREE | AGORENT 9 18 AGORENT AGORENT 18 SLES Rat 57 LA 182-835 . Insured Fiberglass Engineering & Supply Company vs. James Whitesab Hilay Cantlaman Cantlaman Kindly remove us as a party defendant as we have never been the California Women's Compensation Insurance carrier for Marine Engineering Company of 5933 Telegraph Road Los Angeles California de are informed that the correct insurance carrier is Pacific Employers Insurance Company 1033 South Hope Street Los Angeles California We do carry a California Workmen's Compensation Insurance for Fiberglass Engineering & Supply Company which Company in the lattes part of 1952 purchased Marine Engineering Company However the applicant's employment with Marine Engineering Company did not extand beyond 1951. Fiberglass Engineering & Supply Company retained the records of Marine Engineering Company and these records show that Mr. James Whitceras Riley was employed for two months in 1946 three routhe in 1947 ane month in 1948 twelve months in 1949 six months in 1950 and six months in 1951. The cact dates were not immediately available A copy of this request has be seen by attached page been served on all interested parties as may Thanking you in advance for your anticipated cooperation in this matter HV tebe amilton V. Meinarmy Superv ba see, a RAi te = se ek tm ER ON a ny JOHN M. UNABEMC . OTe Oe ten, OOM UNABEC Oe 113848181 113848181 113848181 113848181 180 ALL ALLE E 17. GALING February 14 1958 oe ' iter Argonaut Insurance Company 1001 Wilshire Blvd. Los Angeles 17 California Gentleman Re James W. Miley Clain No. 47839 Emp Coast Insulating Prodents Mr. James W. Riley came to my office on January 29 1958 for an stamina- : tion and an evaluation of his present pulmonary condit^ At the tias of his visit the following medical history and physical examination : vere obtained Age 58. Occupati Insulator Marital Status - Married Birthplace Joplin Missouri Cetober 23 1899 FALILY HISTORY M Pather deceased at the age of 73 of a heart Mother deceased at the age of 73 cause unknown Brothers and well Sisters - two and one daughter grown culosis living and well living and well Children - thres No fastly history . condition one living two sons of tuber- of PRESET - The patient's first knowledge of any lung disorder occurred about 1953 at which time he noticed cough lassitude and some weight loss At that time he went to the Kadeer Foundation Hospital at Fontana where he had some rays taken of his chest and was told that these were all right He was also given some vitamins This study has done over a day's time Following this he noticed some alight increase in shortness of breath and the cough was fairly persistent though not frequent In January 1957 he noticed weight loss to about 110 lbs The sough had increased he was somewhat weaker and to a health center at 121 E. First Street where more dyspnsis He rays were taken went B0- cause of the findings there he was requested to return for further study but he did not do so and on May 20th he received a threatening Letter from the Health Department wanting to know why he had not come down because he apparently had an infectious disease process Ha aid report to the Health Department and was sent home and told to take it 438y he did He was not do asked to go to the County Hospital for further study but 30. Instead he was sent to the company physician a Dr. Following Morgan who sent him to this he sought further a Dr. Scofield in the attention and in June Crenshaw 1957 was ares seen by Dr. Shirey to whom he had been referred by a friena The latter physician did addi- tional ray studies and a complete physical examination He was told to 4 ; q : + soe shots shots What What What te ee e e wate Argonaut Insurance Company February 14 1958 = Fo we an, = ingen go to a sanatorium and he was sent to the Long Beach Veterans Hospital on July 10 1957. The admission diagnosis was that of a tuberculosia however later studies showed that the organime obtained on sputum examination were photochromagenic fast organismas He was kept at the Long Beach Veterans Hospital for six months and was discharged on January 13 1958. During his hospital stay he was on Pyrizinamide and INH After his discharge from the hospital he returned to the care of Dr. Shirey who placed him on Streptomycin and INH To date he has had about aight Streptomycin shota at intervals apparently of one graa twice week He receives this injection from one of the nurses of the Visiting Nurses Association After his hospital admission he gained some weight about six to seven pounds but during the last month of hia stay in the hospital he lost it again and since he has been home he has regained it again His last mown weight was around 122" lbs He stated that after he got away from the dusty environment of his work the cough lessened His most recent jobs one at Carlsbad New Mexico in which vermiculite was used only was very dusty This job lasted from Jamary to September 1956. Subsequently he sent on a job for the J. T. Therpe Company between September 1956 and April 1957 at Radlands and San Bernardino insulating a steam plant Asbestos and high tempera ture blocks were used Diatomaceous earth was apparently present in the latter blocks The dust in the working environment apparently was pre- cipitated by their pounding on the blocks On bis last job be stated that he coughed as though he had whooping cough After he had been off this work for three months the cough completaly subsided He stated that at one tina apatua examinations showed the presence of asbestos fibers He stated also that blopay of the lung had been planned but when the asbestos fibers were found in the sputum no biopsy was performed He stated that his cough ceased about August 1957. His cough was almay~- relatively unproductive At one time he raised & small glob of blood in the sputum He la still dyspnsic at the present time but he has improved moderataly He has some chest pain There is an occasional feeling of rawness in the central substernal area Four months ago ha had some pain over the left precordial area not too severe in character He dried any fever night sweats Ha had some wheezing with a cold about a month ago nona before that time He denied any orthopres or nocturnal dyspel Ha catches colds easily especially in a draft of cold He denied any sasom ciated shinitis or nasal infaction Ears - During the past month he has noticed some lightheadedness with sudden changs in position He has had no deafness His appetite has improved since he has been taken off Pyrizinanide During the last two months in the hospital his appetite fell off considerably after taking this drag He denied any nausea diarr hea constipation He has an occasional small traes of blood in his stool en he is constipated He denied any souring gas or abdominal pain He had nocturia once at night while in the hospital Since he has been home sae ene dee etd a BR ee nin I EEE ey rE Nm + A Nerte me held. . <a oie t en e te Argonaut Insurance Company February 14 1958 je Re James F. Rilay this has reduced in frequency Ganeral - Hia energy la fair An re- gards his atrength he stated that he has noticed increasing weakness for the past two or three years Since he has been inactive the last eight months the weucess has been possibly slightly He tires sasily He usually takes an afternoon two feels fairly well until about noon After a more pronounced ot the sorning nap he is sommhat refreshed but he becomes tired about 8:00 or 9:00 P.M. again He has no sleeping problems At the present time his chief symptoma symptoma are the anortness of breath and welmess Habita - Previous to his hospitalization he moked a package and a balf of cigarettes a day Now alectol in moderation He he smokes less than drinks about two to a pack & day three cups of He usse coffee & day PAST MEDICAL HISTORY He had anaalse and mumps in childhood He had scarlet fever in childhood He denied any previous operations or serious injuries OCCUPATIONAL HISTORY - He has been working as an insulator since 1920 Hia principal work has been insulating staan pipes and boilers in block form and in loose shreds He stated that in wiring down the blocks they beat it and this created some dust Because he works works out of a local union he is employed by various companies depending on the need for work He has worked for many different employers including Johns Manville Company and for a period of some six years he worked frequent for the Government at Mare Island and during this time had rays because he was working with asbestos , PHYSICAL EXAMINATION revealed a well developed slight undernourished elderly unite male who did not appear acutely or chronically ill Blood pressure 130/80 Temp 99 Neight 121 lbs HEAD AND NECK - Hair - Greyed Eyes Reactions and movements normal Nearing glasses Nose Mucous membranes slightly reddened Seromucoid discharge present bilaterally Passages slightly narroned Ears Right drum normal Left drum not seen because canal filled with soft BAI Nouth - Oral hygiene good Wearing upper and lower Pharynx - Mucous membranas slightly readaned Tonsila - Small and atrophic Neck - No adenopathy or stiffnesa plates " =~ TREE Ve enty: a ae aie aint aur et Salemme / yt tye moe Argonaut Insurance Company February 14,1958 aye c Re James V. Mley CHEST No increase in A diameter @ Heart ABOGMEN - - Breath sounda slightly diminished There are a few fine mist Fales at the end of inspiration at the right bass anteriorly and posteriorly There are no distinct rules in the left hemithorax : - Regular rhythm No murmurs Grossly normal GENI TALIA - Normal EXCRELITEES - No edens op varices The patient was referred to the Hospital of the Good Samaritan for rays of the chest These sere reported as follows - anterior vims of the chest taken in inspiration and expirstion and a lateral view of the cheat shows a fair aeration of the lung and the right diaphragm has & maximum excursion of 4 cme and the left diaphraga 4~fl cms Both lungs ance advanced pulmonary fibrosis which is most pronounced at the lung bases In the right spex there are several fibrotic shadows which are old The lungs at 29 evidence of soft infiltration and no evidence of active or acute disease The cardiac siza and contour are normal Signed R. L. Rickenberg H.D. I did not receive any previous fillas in this case and the only Min available for study was the one that I had taken at the Hospital of the Good Samaritan This showed some predominantly linear shances with questionable areas of rarefaction in the right apex above the level of dtihfefuisneferiinofrilmtraartgiivna of the 1st rib anteriorly and acme scattered fairly predominantly Unear shadows in the lower thirds of both lung fisica The diaphragms appeared round and smooth and the costophrenic angles were clear ficant hilar adenopathy There was no muggestion of any signi- This patient has a pulmonary infection which bacterialogically is that of the photochranogare acid bacilli Whether this is a true tuberculosis infection or rather one of its varianta is not known To the best of my knowledge up to the present time this reputedly infectious disease is not considered infectious by the State Health Department and in contrast to tuberculosis which is a quarantinable disease in this State thia variant with the photochromogenic fast organisms is not Another question in this case is the possibility of an asbestosis in vies of the patient's prolonged years of work in an environment where asbestos ore Re A Oy 6 RP a af cS eS a A + Argonaut Insurance Company -50 February 14 1958 Ra James V. Riley was used I do not know how one could prove or disprove this type of infection on the basis of the information available to date I notice that in the report of Dr. Shirey & aputum study done approximately a month after the patient stopped working showed evidence of fibera which were interpreted as being asbestos fibers It must be remembered that the presence of Labestos fibers or asbestowsbodies in the sputum does not necessarily indicate the presence of an asbestosis in the In this instance the fibrotic disease in present in the right apex at both bases The basilar type of location would favor lungs and possible asbestosia but again does not prove ita presence by virtue of its loca- tion Dr. Miller notes that because the patient did not have the typical ground glass appearance of asbestosis that this diagnosis was unlikely The called ground glass appearance does not necessarily have to be present and is not always seen in these cases One thing that is important in the development of this disease is that the indi- viduals usually have to have fairly intense exposure to asbestos dust and over a mocarataly long period of time certainly more than five and closer to ten years In this instance the patient's work was very sporadic and I question whether the patient's working conditions meet the criteria of such prolonged and concentrated exposure However again such intansive concentration over many years has not almays been noted in cases that have developed clinical asbestosia I do not believe that the finding of asbestoms in the sputum precludes a diagnosis of asbestosis of the lungs I think in this case it would be extremely important and the vim lung biopsy performed by a vim of the fact that there is in this case such a biopsy is diagnosis empatent some real extremely would or would not be confirmed thoracic surgeon I believe in question as to the diagnosiadiagnosia important and should be insisted upon or more competent After the study of the diseased tissue by possibly one industrial pathologists a final diagnosis may be established I do not believe that the acid infection bears any relationship to his occupational environment Thank you very kindly for the privilege of being permitted to see Ur Riley Very truly yours JHL ecx John H. Urabec M.D. | * . Hd F f r } onyee The Traveler's Traveler's CLAIN DEFATALENT MANI O. BE C snap Traveler's The Traveler's The TerreFly bombay June 20 1958 pweetnoaney A rre no AgeeeteyeneSFI SIK Rrcaeenscenmesens 27 B 8545070 Armstrong Cark Company Ret Jamee khiboomh Riley 57 LA 182-835 BLANCH GENGI Std War Skach tomach LOS ANGELES IL CALIFORNICAALIFORNIA lekpre - Industrial Accident Com sation 501 State Building Los Angeles 12 California Gentlemans Gentlemans Gentlemans Submitted herewith is the stipulation for Cont in i regn ard u to ta he n aboc ve ce apo tioned matter Service of a copy of this letter and a copy of the Stipulation for Contimmances is being made forthwith apan the applicant's attorney and parties noted below lyn eaclorare Difchel Difchel Hearingszatat^>vo LED JUN .. 23 A 4 NA FEREE 10 FEREE 41 FEREE 41 CEI William T. Baya Attorney at Law 6331 Hollywood Boulevard Los Angeles 28 California Attention John F. McLaughlin Mount Pendleton & Gillaspy Attorneys at Law 2440 Wilshire Boulevard Los Angeles California Clopton & Penny ittorneys at Law 639 South Spring Street Los Angeles 14 California Attention Robert C. Wrelater Pred 3. Carigaan Attorney at Law 3045 Wilshire Boulevard Los Angeles California Spray Gould & Bowers Attorneys at Law 1671 Wilshire Boulevard Los Angeles 17 California Herlihy ^ Herlihy Attorneys at Law 412 West Sixth Street Los Angeles 14 California Attention Kami T. Jones HOME OFFICE 760 MAIN Street Mail 14. . . ow -o CASE NO 57 L.A.182-835 as has not been told when he leave He is presently under the will be able to Hospital care of Dr. Shapirs ae the hospital here at the prior Shapirs He recall that he has had units this occurred several chest rays through mobile and when he worked at Mare years ago he had one or 3 months and by Dr. He has also Schiff Island been examined his chest two was rayed every by Dr. Frank Porter Miller There he is no history of tuberculosis is married his wife in married is living and his his parents or family three children ar~- . During World War I he 1919 he was given an Hospital Corps he is governmental agency was in the Navy from March 1918 Honorable Discharge he was to October not receiving any pension with from the Navy any DISPOSITION 30 days to the parties a parties further Disposition for joinder of will be made at that GAM shh additional time LA. yA Pee a, Referee we we ~ erats To ow CASE NO 57 L.A.182-834 L.A.182-834 JAMES WHITCOMB HILAY 73 Referee GEORCE 1. MARTINELLI Hearing July 3 1958 . Dictated July 3 1958 > MANVILLE et al Injury In issus Hays & McLaughlin by John P.McLaughlin attorneys for applicant Harliby & Herlihy by Kenzia T.Janes attorneys for Argonaut Phoenix Fireman's Pund Pac.Indem and appearing for Assoc.Indam.Cary Clopton & Penny by Robert Wreisner attorneya for Pac.Employers Ins Co. Spray Gould & Bowers by Maurice W.Bralley attorneys for Employra Mutual and Guarante F.B.Carignan repremnative for Amer.Motorista Josepa Bilchak representative for The Travelers REPORT OF REFEREE ON FURTHER HEARING Note examination of Dr. Smith has ben waived RECORD JOHN K. SHIREY M.D. called by defendants for cross- examination testified that he is a graduate of Northwestern Medical Medical School in the year 1950 be serveadn internship at Evanston Hspital Evanston Illinois this was followed by one year's Residency training in internal medicine at the Houston Texas Veterans Administration Facility followed by one year of internal medicine training at the Veterans Facility at Long Beach California followed by 14 months Residency training in pulmonary diseases at Milwaukee County Tuberculosis Sanitorium for 18 months he was on the staff of the Pulmonary Disease Service of the Long California Veterans Center this ended in August 1956 during the paat specializing in He was admitted 23 months he has been in private practice pulmonary diseases and internal medicine to practice in California on September 7 1955 Es is associated din Drs Smart and Boyle He first saw the applicant on June 27 1957 in his office and 1957 examined him interview but there was He saw bia again in October no axamination He examined him for on January 20 1958 at which time additional chest rays were taken blood count was done and then repeated 7 days later and a stool examination some 9 days later followed by gastric l^vage 9 days later 26 applicant On February 26 1958 1958 he agan examined examined the fluoroscopic blood count and examination chest gafylusoroscopic lavage On bay lo 1958 he examined the appli ant again amination was repeated ao were the rays and the ; he took a and an 0.6.8 gastric lavage Prior He has seen several thousand cases of pulmonary disease to June 1957 he saw only one case of a confirmed diagnosis of asbestosis This diagnosis was not made by him He has not per- ^' ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA is . BEFORE THE INDUSTRIAL - ARIUMITE CLAIM NO 57 LA 182 835 ARIUMITE 2 JUN 23 4 JAMES WHITCOMB RILEY 5 Applicant Applicant ) | INC ER AL 7 | MANVILLE ARIUMITE STIFULATION ARIUMITE ARIUMITE REFEREE POR CONTINUANCR REFEREE 41 B Defendants } no 9 | 10 | 11 ae | above 12 April IT IS HEREBY STIPULATED entitled claim that this 21 1958 may be continued by and between the matter now sst for until such time as , ; : . parties to . hearing on the Social than 13j Security records are obtained ; . 24 DAIVED \ 15 APRIL 18 1958 / ATTORNEYLAUGHLIN LAUGHLIN ATTORNEY TOEN ATTORNEY HE LAUGHLIN FOR APPLICANT 2 OS 4eD. oe, a aie AMROHNT tae Sic ss Penceretrathwr: ert w 9 ira) wrenod ee es LAW OFFICES CLOPTON & PENNY WORT L. LAPTON L" . FENNE 2001AC ^twowee 44. 44. MARIONE W tiny ing , MAY 29 N 39 r 2 thy woe ewe Nb eae UN mn _ TQ. ee FERSE 630 eduTH SPRING STREET LOS ANGELKO 14 CALIFORNIA TRINITY S60 May 28 1958 Our Files Industrial accident Commission Commission 501 State Building Los Angeles 12 Califormia Referee ATTN os 3 Ty a Oe George Martipalli Martipalli pot gat Re James Whitcomb Riley va Se oS ae Marine Engineering & Supply Co. et al 57 LA 182-835 Gentleman Pacific Employers Insurance Company hereby waives its to examine G. Richard Smith M.D. & requested our latter dated January 15 1958 right by RCW pot Very truly yours ROEEN OC. Orta C. WREISNER cc William T. Haya \ cc Herlihy a Herliby ADIN Ken Jones cc Spray Jould - Bowers 7 Maurice Bralley NoCartney Hall i Ryan Fred E. CarimTAN cc ce Associated Indemnity Corporation a-TMi . A. G Ewing The Travelera Ins Co. CC racific Employers LA 72-0-43706 72-0-43706 ce ee ee eee Oe em Before the Industrial Accident Commission of the State of a California ree a Clan No 571A 182-835 JAMES WHITCOMB RILEY CORRECTED NOTICS vs. MANVILLE INC et al Applicent Notice of Time and Place of Further Hearing GROSS EXAM OP Defendent_ , RICHARD SMITH AND REHUTIAL EVIDENCE INDUSTRIAL ... NOLAN INDUSTRIAL NOLAN " 67412 M. 1958~al FILES MAY 26 above WILLIAM KAPLAN NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the aboveentisled action ac 501 STATE BUILDING 217 V. FIRST STREET LOS ANGELES CALIFORNIA CALIFORNIA JULY , 1958 9,00 A.M. ALL DAY tb aoe Jam ti 5-25-58 5-255-5-825-58 INDUSTRIAL ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED ERVICE UPON Parties listed on attached sheet , my OF PC te RETEET SPE OT RAE ape om 100 ( 8-31 Per FAR YOR A SSC DCH sate 1s on ow Tine Wiemw ty .! ec Partias served ty James hitcomb Riley 447 7 42 st LA 37 Wm T. Hays 6311 Hollywood Blvd. L 28 Founders Ins Co. 727 Y. 7 St. L 17 Veterans Adminst Hospital Hospital 5701 Bellflower Blvd LB J. T. Thorpe Sev Inc. 929 E. 2 St. LA , Manville Inc. 2960 Leonia St. Vernon ar _ Manville Inc. Compoc Calif LA Southarn Asbestos & Magnesia Corp. 1701 N. Main St. La Warren & Bailey Address Unknown Asbestos Co. of Calif Address Unknown aa Flant Rubber & Asbestos Co. / Plant Insulation , 40 Ica Angela a Rubber Co. AddressUnknown Co. 2741 S Tatwa Marine Engineering Engineering Co. 5933 Telegraph Rd LA Fiberglass Engineering & Supply Co. 5933 Telegraph Rd LA Lynch Asbestos Co. 2939 So. Sunol Ir LA Robert C. Lynch dba Lynch Asbestos Co. 2939 S. Sunol Dr. LA Plant Insulation Co. 2741 S. Yatas Ave. LA Corbing Fiberglass Pacific Coast Div Santa Coast Insulation Products 2315 Sen Parmando Blvd. Armstrong Cork Co. 1206 Maple Ave. LA Clara LA Calif Armstrong Cork Co. 5037 Pathra St. So. Gate Morgan Chicago Chicago Il , Amar Motorists Ins Co. 3545 Vilshire Blvd., LA Travelara Ins Co. 515 W. 6 st , Assoc Indem Corp. Box 2137 LA 54 Phoenix Ibden Co. 3759 W. 6 St. LA Fireman's Fund Indom Co. 3440 Wilshire Blvd LA Aetna Cas Surety Co. 81 S. Spring ~ St. Ls Indust Indon Co. Rox 2252 W SL Zurich Ins Co. 4465 Wilshire Blvd. Guarantee Ins Co. Box 2857 LA 54 L^ Argonaut Ins Co. Pacific Empl Ina Empl Lab Assur Blvd. 1001 Wilshim LA St. Co. 1833 S. Hope St. 5 Corp. Ltd. of London England . 639 9 New Hampshire Pred E. Carignan 3545 Wilshire Wilshire lvd LA Herling & Rarlily 412 W. 6 St. LA Mount Pendleton & Gillaspie 3440 Wilshire Blvd. L/ McCarmay ~ail & Ryan 639 S. Spring St. LA Sprap Gould & Bowers 1671 Wilshire Blvd. L. 17 Chopton & Penny 639 3. Spring St. LA . Veterans Adminat Mospital 5901 E. A.P.W1111s . the State Before the Industrial Accident Commission of . ; ae , I . of California 1 f 1 JAMES WHITCOMB RILEY . T v JOHNS MANVILLE INC et al _ aa Applicant_ os. ; . ~ . : * Case No. 57 1A 182 835 H | Notice of Time i and Place of . 7 z ; * Further Hearing ON CROSS EXAM OP REBUTTAL EVIDENC DR.C. DR SPIRXY & SMITH AND CHARD 5 * { FILED 1958 | FILED Defendant's FILED =! STATE CAL.P MAY 21 70 WILLIAM KAPLIN NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in de entitled action st f | ; Los Dated as Angeles Angeles 5-21-58 5-21-58 5-21-58 301 STATE BUILDING 217 W. FIRST STREET LOS ANGELES CALIFORNIA STRE . ee .f A JULY 3. 1958 ' co : 1 1:45 P.M. ALL DAY ? 2 . oo 7 i, 3 ; i INDUSTRIAL ACCIDENT conuamneiee NOTE CONTINUANCES SERVICE UPON AND FURTHER HEARINGS AE NOT FAVORED de Parties listed on attached sheet vr ~ rs d ; gen rep Ree pep Pa re , Fb Y (4 APPEALS APPEALS APPEALS PIT wT, APPEALS APPEALS iy APPEALS Te APPEALS APEALS te, APPEALS ' 9 la ODM: a } , an are en i. a . ~ sy we I PERIS wh iw Sas. - oe te . fl fl 4001 sre tem : . i 4 He e * ia ; 7 a . an me eo aa Bal "a. el ne 2 lL @ . Partias served James Whitcomb Riley 447 W. 42 st LA 37 Wm T. Hays 631 Hollywood Blvd. LA 28 Founders Ina Co. 727 W. 7 St. L 17 Veterans Adminst Hospital Hospital 5701 Bellflower Blvd L Manville Inc. 2960 Leonis St. Vernon Manville Inc. Lompoc Cali Southern Asbestos & Magnesia Corp. 1701 N. Main St. ta Warren & Belley Address Unknown Asbestos Co. of Calif Address Unknown . Plant Rubber & Asbestos Los Angeles Rubber Co. . Co. / Plant Insulation Co. 2741 AddressUnknown ; 3. Yatan Yatan L Marine Engineering Engineering Co. 5933 Talograph Rd L^ Fiberglass Engineering & Supply Co. 5933 Telegraph Rd LA Lynch Aabeatoa Co. 2939 So. Sunol Dr. LA Robert C. Lynch dba Lynch Asbeston Co. 2939 S. Sunel Dr. LA Plant Insulation Co. 2741 S. Yatas Ave. LA Cording Piberglas Pacifio Coast Div Santa Coast Inmulation Products 2316 San Fernando Blvd. Armstrong Cork Co. 1206 Maple Ave. LA Clara LA Calif Armstrong Cork Co. 5037 Patara St. So. Gata Morgan Chicago Il Amar Motorists Ins Co. Travel^rs Ins Co. 510 W. 3545 1lshire st " Blvd. Lt : Assoc Indem Cirp Box 2133 CA 54 . 1 Phoenix Indem Co. 3750 W. 6 St. LA Fireman's Pund Indam Co. 3440 Wilshire Blvd. LA Astna Cas & Surety Co. 810 S. Spring St. Indust Indem Co. Box 2252 L Zurich Ins Co. 4465 Wilshire Blvd. LA Guarantee Ins Co. Box 2887 LA 54 Argonaut Ins Co. 1001 Wilshire Blvd. LA Pacific Empl Ina Co. 1033 S. Hope St. LA 5 Empl L'ab Assur Corp. Ltd. of London England 639 S. New Hampshire Pred E. Carignan 3545 Wilshire Blvd. LA Los Herlihy 4 Herlihy 412 W. 6 St. LA Mount Pendleton & Gillaspie 3440 Wilshire Blvd. Le McCarmey Hall & Ryan 639 S. Spring St. LA Spray Gould & Scwers 1671 Wilshire Blvd. LA 17 Chopton & Penny 639 S. Spring St. L Mee I " Se, . : . Veterans Adminat T ry Eospital 5901 E. 7 St. B. Att A.P.Will1 A.P.Will1 pb fi Before the Industrial Accident Commission of the State of California | No. 57 In 182-835 ACCIDENT CALIFORNIA COMISION uw INDUSTRIAL JAMIS WHITCOMB 87 LOS AM0A2C6CI8ADM0E626N86T07CO9MM6ISS1IONCOMMISSION WILDAM WILDAM KAPLAN BOGAETARY ADST BOGAETARY , \ Applicant._ 42 Notice of Time and Place of MANVILLE INC et al Further Hearing ON CR099 EXAM OP DR SHIREY AND DR C. RICHERD SMITH AND REBUTTAL EVIDENCE Defendent_ ; NOTICE TO ALL PARTIES You are hereby notified that further bearing will be held in the entitled action at 501 STATE BUILDINBUILGDING 217 W. FIRST STREET LOS ANGELES APRIL 21 1958 ; CALIFORNIA : 9,00 A.M. ONE POIL Cr yf Dated at Los Angelea 2-18-58 2-18-58 2-18-58 INDUSTRIAL ACCIDENT COMMOESIONA FAVORED NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT SERVICE UPON a Parties listed on attached sheet sheet Fb JO 400 sty b.ali mine on eR  . Parties Parties served shitcomb shitcomb Riley N- u2 ste St. LAL.37 James James shitcomb Riley W. iam, Wm T. Founders Founders Ins Co. Hollywood Holywod Co. 727 Hollywood Blvd. St. Blvd. Lt iva, & B Ye Veterans Adminst Hospital Hospital 5701 5701 Bellflower Je J. T. ThorMpaenviSlloe vIync. 929 St. Bellflower Johna Johns Manvilla LompocLompoc Leonis Cali , Vernon Vernon St. Las Asbestos Asbestos Lompoc SouthernWarren Bailey Addresa Magnesia Unknown 27tL 3. Yates LA Warren Asbestos Asbestos Co. Calif Unknown Co. Address Unknown Unknown Coe, Plant Plant Rubber Asbestos Rubber Rubber Co. AddressUnknown Ade) Insulation LMoasriL neoEs nginAnegela ring Enginering Enginering Enginering 59S3u3ppAldydreTsesleUgnrakpnh owTnelegraph LA Rao, LA Fiberglass Engineering 2939 So. Supply Co. Telegraph Rd LA U4 Robert Asbestos Asbestos , Lynch Asbestos Dr. La Dr. LA Plant Robert Lynch Co. 2741 S. Asbestos Co. dante Dr. Owens Insulation Fiberglass Pacific Ave. LA Coast Santa Clara Owens Corning Products 2316 Sen Fernando Armatrong Insulation 1206 Maple Ave. Co. Gata Armstrong CMoorrgakn Co. 5037 Patura Patura St. LA Totman Chicago 1 Blvd. ba * Amar Motoriats Ins Co. 3565 Klshire Travelers Travelers Co. 510 W. & St. LA 14 Assoc Indem Box 2133 LA 54 Phoenix Indem Co Inrdopm. 3750 W. 6 St. LA Blvd. LA Pireman's Pireman's Surety Co. 3440 Wilshire St. , Aetna & Co. 813 S. Spring Indem Co. 2252 uf Indust Indust Box Zurich Ins 4465 Wilahime Blvd. IA Guarantee Guarantee Ins Co. 2887 LA Ins Co. 1001 Blvd. LA Argonaut Empl Ina 1001 Wilmire Hampshire Pacific London England S. New Corp. Ltd. of Hampshire Fred E. >- Aasut. 412 Wilshire Blvd. LA Wilshire Lf Herlihy Herlihy Herlihy Gillaspie Gillaspie Gilaspie 3440 Blvd. McCartney Pendleton Pendleton 3440 Spring Wilshire McCartney Hall Ryan Gillaspie 1671 Wilshire Spring LA ao Spray Chepton Gould Gould Bogers Bogers Spring Wilshire Blvd. 17 Chepton Penny Penny 639 Ge Spring St.L LA & Peany, fl Veterans Adminst Rospital 5901 VeteransVetrans Adminst LA . Coes 2TOL Ss Yates Thor pe Tnaulat.on pa 91-1 10 edee 06 91-1 LAW OFFICE6 I . ...16 fe . oa be CLOPTON & PENNY 4 fi sas +> WAT L. CLD Ru Ru waned EL C. 44 HOLD C LMMS T MOD SHQETTO em ts wb. + hw oe a nwemenes: > a,) we me al vem or Bmialie l . : Gam SOUTH SPRING CRY Les muscLES M CALIFORNIA CALIFORNIA CALIFORNIA TRIDITY 164 Industrial Accident Commission 501 State Quilding 217 W. First Street Los Angeles 12 California January 15 1958 Attention Referee Martinell^/ Our Your Files 15725 & 1572 Nos 71 C 43706 71 C 13707 Re James Whitcom Riley va Marine Engineering & Supply Co. et al 57 CA 182-835 Gentlemen Defendant Employers Guarantee Pacific Employers Insurance Company hereby joins Mutual Mability Insurance Company of Wisconsin and Insurance Company in their request for a further nearing in order to examine John E. Shirey M. D. and to offer evidence to rebut his report dated September 19 1957 as well as to offer further evidence with relation to employ- ment insurance coverage and exposure Defendant Pacific EmpEmployers loyers Insurance Company further requests an opportunity to ex cross amine C. Richard Smith M. D. or the person or persons who undertook the tests to which reference is sade in the report of John E. Shirey N. D. dated September 19 1957 and to offer rebuttal evidence thereto Very truly yours RCW Robert C. Wroianer 75 liam T. Hays ' ce Noblin & Herlihy Abt . Men Jones 30 Spray Gould & Bowers Actin fr Maurice Brilley C rican Motorists Insurancs do Ass'n Ar P. 2. e2 ravellers Insurance Company Carignan 33 Nic Employers nsurance 20. Attin Mr. Lloyd 0. Crayne 1 PORTA PONS at aas r ee e.ost Re Be eee Le et NA tanulu tanutanullu u MARLE = tanulu MALCOLM MALCOLM ARCHBALD ARCHBALD TRAMMAALCOLM BACAUM . 40 : PHILIPS HAURICE HILLINGER HILLINGER ALLEN BROLLEY COSTAMED 2 NOURION NOURION - GCEHARRALLEDS COSTAMEDJ. COSTAMED SPRAY GOULD ATTORNEYS ATTORNEYS January H@ rareAUS MISSICIS AUS ete tag ek WS nF : te egy BAR & BOWERS = 233 lf" BAR BAR 939 939 ae AT Loe 7 1958 Bhdaemmenn 44 ets) AMOCLES LOS AMOCLESWILDE BONKA V^b bd PRONKSI es EXHIBIT_I EXHIBIT_I BE KO EXHIBIT_IREFERERE EFEREE PILE PILE 0-14700-1470 Industrial Accident Commission 501 State Building 217 West Pirst Street Los Angeles California Re James Whitcomb Riley va Insulation Company IAC Claim No. 57 LA 182 Coast 835 Gentlemen On behalf of the defendant Guarantee Insurance Company it is requested that this matter be set for further hearing in Los Angeles for the purpose of examination of Dr. John K. Shirey whose report was filed herein at the time of hearing January 2 1956 and of producing additional evidence of for the further purpose employment and insurance coverage and further evidence by way of defense and rebuttal It is requested that the matter be set for one full day's hearing and that the setting be after receipt of the security records covering the applicant'a employment Very truly yours SPRAY GOULD & BOWERS \ Man A A By Maurice W. Bralley Jr. MWB CC William T. Hays 6331 Hollywood Blvd. L. A. 28 Pounders Insurance Co. 727 West Seventh L. A. Travelers Insurance Co. 510 West Sixth Street C. A. Associated Indemnity Corp. Box 2133 6. A. 54 American Motorists Ins Co. 2909 Wilshire Blvd. - A. Herliny and Herilhy 412 W. Sixth Street A. McCartney Hall & Ryan 03 S. Spring Street L. A. f ae SeanPor fo ee oMatgsy prensa ae i] BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA JAMES WHITCOMB RILEY Applicant 9E MANVILLE at al CORNING FIBERGLAS CORPORATION a corporation Pacific Coast Division Defendanta LOS ANG domes MOUSTRIAL ACCIDUNT 1964 6s Cani |p. ) PILIB JAN 10 954 WILLIAM WILLIAM KABLAN KABLAN 1 MINUTES OF FURTHER HEARING AND 1 ORDER JOINING PARTY DEFENDANT AND ORDERS DISMISSING } PARTIES DEFENDANT THIS CAUSE came on regularly for further hearing for two half January 2 and 3 1958 at 9:30 A.M. at the Veterans Hospiml Long Beach California before GEORGE A. MARTINGL^ I, Referee PRESENT JAMES Whitcomb Riley applicant Hays & McLaughlin by John F.McLaughlin attorneys for applicant P.Z.Carignan representative for Amer.Motorista Amer.Motorista A.G.Zwing representative for Assac Indem.Co Herlihy & Herlihy by Kannis T.Jones attorneys for Phoenix Indem.Co Pac.Indem Ca. Fireman's Fund Argonaut Ins Co. Spray Gould & Bowers for Employers Mutual by Maurica W.Bralley Jr of wis and Guarantee attorneya Jack Sisk representative for The Travel Robert Wreisner for Clopton & Panny Pacific Employers Ins Co. William Shifflet attorney for lien clan^> Ins Co. on Jan.2,1958 William K.Nort lien claimant on Jan. 1958 330 on Mins Fur.Hrg Fur.Hrg 89 pp 1 1 1 - 2 ! WITNESS Exhibits James Whitcomb Riley received in evidence a i Report John K.Shirey 9/19/57 - Apps Ex 1 ' Reports listed consisting of in defs.letter dated 8/6/57 Motor- reports and report Frank ) 1968. Ex * Porter Miller M.D. 8/19/57 - z } Morgan payroll report 10/24/57 Morgan Ex 4 Payroll Thorpe Insulation Co. 9/27/57 -- Thorpe Insulation Co. Hz A Employment record dated 9/25/57 Armstrong Cork Co. Ez 4 - Payroll statement 12/31/57 Corning Fiberglas , GOOD CAUSE APPEARING THEREFOR Marine JE A Ingri- IT IS ORDERSO THAT Corning Fiberglas Corporation a corporation Facific Coast Division be joined as a party defendant herein Service of the Time and Pace of Hearing is waived by the parties : IS FURTHER CADERED a corporation be and is heraby to these proceedings THAT Pacific is dismissed Indemnity Company as an unnecessary party IT IS FURTHER ORDERED THAT Employers Mutual Liability Insurance Company be and the same as an unnecessary party is hereby dismissed from these proceedings defendant service of this Order waived F. a8 ere saeTern {Sp74 y FY Loh VIPERetcyspr dhitt a GEORGE MARTINELLI COA eres INDUSTRIAL ACCIDENT COA 8 COMPEN aN Stipulated GOCD CAUSE APPEARING THEREFOR : ne IT IS ORDERED THAT Stipulation 3 of io Facts and Issues entered into on the 30th day of August 1957 b0e7 str4 icken and the following fol owing substituted ay aaaoe Company wae 3. The insurance carrier for Plant Insulation Insulation Insulation Insulation , . a corporation for the period July 19 1954 through DecemDebcemeberr 31Company19551955 a a | ee et ea ar ee Oe red was Fireman's Fund Indemnity Company a corporation IT IS FURTHER STIPULATED THAT the insuras carrier for Plant Insulation Company for the period May 9 1948 to January 1 1950 was Pacific Employers Insurance Company a corporation GOOD CAUSE APPEARING THEREFOR employment IT IS ORDERED THAT the ADMITTED FACTS insofar aa rs and insurance coverage are concerned are amended to read as follows 1 Applicant claims employment by Johns Manville during the year 1920 during that period of time the employer's insurance carrier is unknown 2 Applicant claims employment by Southern Asbestos k Mag- nesia Corporation during the years 1926-7 and during that period of time the employer's insurance carrier is unknown 3. Applicant claims employment by Asbestos Company of Cal- iforn^>a during the year 1928 and during that period of time the employer's insurance carrier is unknown 4. Applicant claims employment by Plant Rubber & Asbestos Company for the period 1929 to 1934 and during that period of than 1 the employer's insurance carrier is urukwown 5. Applicant claims employment by Los Angeles Rubber Company during the year 1934 during that period of time the employer's insurance carrier is unknown 6 Applicant claims employant by Plant Rubber and Asbestos Company Plant Insulation Company for the period 1942 to Company for the period 1948 to 1950 the insuranc~- employer during the years 1948 to 1950 was Pacific ance Yompany a corporation ~j- ACOINALO ^ SMART MO WOS3G JON - <BOYLE M O. SRIREY MO MELI -ch 077441 077441 8Ungled 8Ungled 1130 waat alte LET 108 420RLES > SAoites - 07 September 19 cypt cypt cypt cypt cypt cypt 1957 Mr. William T. Hays Attorney at Law 6331 Hollywood Boulevard Los Angeles 28 California Dear Mr. Hays RE James Whitcomb Alley The following report is Riley whom we first examined nary condition The following sent to on June history you 27 and at the request of Mr. James W. 1957 with regard to his pulma- findings were obtained Residence history October 23 1899. He has Mr. Rlley was born in Joplin Missouri on lived in the Los Angeles area since 1903 with Fresno the following exceptions In 1918 he was briefly in Quantico Virginia From 1936 to 1942 be lived in San Francisco in 1947 he was in California for two months In 1952 he worked in Daina Indiana for six months In 1955 be was in Santa Maria California for four months and in Las Vegas Nevada for four months In 1956 his work required a seven month stay in San Diego California Occupational history Since 1919 Mr. Riley has been employed in the heat insulation industry his work requiring the application of insulating materials to bollers steam pipes and other structures requiring insulation The insulating materials which he has worked with include asbestos block Detrick block Kalo rockwool fiber glass cork and Mono block He believes he may also have worked with diatomaceous earth occasionally as a loose powder to be applied against boilers la provide a porous material which will allow for expansion and contraction of the boiler due to tem perature changes The other materials mentioned above are supplied in various forms such as often it was necessary blocks cored cylinders sheets and blankets to cut the blocks or sheets using a band saw It Vezy was also necessary to hammer nails through this material to secure it in its proper location boiler rooms a Since this work was often done in confined spaces such as high dual concentration was frequently attained in poorly PE PER RIT ne Oe al nte a Mr. William T. Haya Re James Whitcomb Rillay September 19 1957 agressive therapy such as intermittent positiva pressure breathing and steroid medication may be necessary provided the inflammatory disease is under sufficient control to permut such therapy Relationship of patient's condition to employment Mr. Riley's occupation for the last 35 years has been confined to the application of heat insulation materials There has been no other source of industrial dust exposura The ray films show pulmonary fibrosis of a pattern which is more suggestive of asbestosis than any other single entity Asbestos bodies bave been recovered from the sputum There is no clinical evidence of bronchiectasis nor of chromic passive congestion of the lungs due to left ventricular failure In my opinion Mr. Riley has pulmonary fibrosis of occupational origin The presence of pulmonary Ubrosis may have been a significant factor in the development of pulmonary inflammatory disease and its subsequeal cours4 If I may amplify or clarify any of the preceding statements be my privilege to do so . it will Yours very truly JohnShinry JKS Exca ee meety A ee e 8.30 8.30 RECEVED AMERICAN MOTORISTSINSURANCE . INSURANCE COMPANY JANES 8. KEMPCO Gr^zaman | Koma OFFICE OFFICE CHIGABN 48 MAT~ SANATS. KEND g 2969 WILSHIR ag pee AMR 1 TSLEPHONG DUM Patil Ml - -- LOS ANGELES 3 CALIFORNIA August 6 1957 AO PAII i -- Oe Peers wee |, eee Industrial Accident Commission 501 State Building 217 West First St. Los Angeles 12 California Re 81 CM 68854 ICD James W. R^ley_v9 R^ley_v9 J. n Thorpe Inc. Ind May 1957 IAC 57 LA 182-835 Gentlemen . In accordance with Article II Section 10794 of your Commission we are endlosing the following medical reports in connection with the above captioned claim 6/5/57 6/12/57 7/1/57 7/27/57 John W. Crossan M.D. John A. Morgan M.D. Morris J. Schiff M.D. Dean S. Scofield M.D. Copies of these reports are being served by mail this date on the Applicant's Attorney Very emily yours Very yours 1. E. Carignan Compensation Chain Department FEC 00 William T. Hays Atty 6331 Hollywood Blvd 29 aye seay i) e * Tout for the of Soma ; MSI RANIT 1) bere UVISOR , Sea anne A cremg] fe Ae Aas Ss EAN mas tk me AI Bae . DRAN S SCONILLD D 1771 4702 ae ot RT 4GB 440CLAN 440CLAN B. CALIFORNIA CALIFORNIA Almora "6288 ir INTEINTERGAL RIGNTEARGLAL MEME American Motorists Insurance 2969 Wllahine Boulevard Loa Angelas California July 17 Company 1967 Dear Sir . mories mories oe teat. ne a , 18 The following contains my summary of Street Los Angeles 37 California office on June 10 1957 Mr. James Riley 447 West He was originally seen in 42nd my The chief complaints were productive cough for three ness of breath and chest pain as well as weight loss years of two shortyears Yr Aile worka aa applies insulation work takes him all an insulator for fabrics on steam over the state the J. P. Thorp Co. Inc. 8s bollers and steam pipes and his He has been doing this since 1920 For about three years he has had a cough which has fluctuated in ia- tensity and for the past two weeks has of his cough he would bring up about a become much les5 At the peak tablespoon of snutim dally at the the present time he brings up hardly anything He smokes appro- ximately one pack of cigarettes daily For about two years he has had cheat pains He says that strenuous activity brings them on or even shortness of breath one block or going up one flight of stairs will couse Walking about the aportness of math and the pain Rest apperemtly gives rellef says that ha ha lost about fifteen fifteen pounds over the last year Or two He has not worked since May 20 1957 and since then lius ac- tually put on a little more 11ty fur ROULE 108 72 wal,5 ce jme noticed east Cat 50 Saray ne ae 40 lymphocytes Rostrophiles Rostrophiles Rostrophiles and 20 be . was normal The blood ete smear a The cheat on June 6 film as ordered b- you and done by Dra Crosson and Join revealed findings which are compatible with an Infectiousa process of a tubersulous nature which is subacuta or chronic in character with cavity formation The ER was normal The Wintrobe Uncorrected Sedimentation Rate tocrit 47 mm and the corrected rate was 21 was 29 mm per mm per hour hour homa- The urinalysis was negative The PPD # strength was given and revealed a one plus reaction He was advised to stop amoking and to When seen the second time on June 12 continue taking the vitamins there was essentially no change Prior to my seeing with Er Schiff of that they had made him the last time on June 21 1957 I had a talk the Southeast Health Clinic He told me three sputum collections the first two than of which were negative but the last one done on June 11th showed a few acid fast bacilll on a concentrated smear There was no report from the cultures 3 780. We also had an ray of . Riley taken in 1953 for compertion with the present ones did have tuberculosis ann Chat he It was his opinion that P. Riley would recommend sanitarium cars Mr. Riley is aware of the diagnosis and I have not seen him in my office since My impressions are a. tworculosis pulmunary right moderate 2654 cavitation Thanking you for this refaronce LIE EUIRINEEg ER e ee ae e Re . fi rey names Rilay P. S. We monived a stating that be went telaphone call to Dr. John K. from Mr. Shirley Riley the for day 1136 West Sixth Street and asked that we formard our reports to him I told him and _ Dr. Shirley that if he desired any information that he would have to contact you as I represented the American Motorist's Insurance Co. in this case oy : a eet ay a te WHE ed tebe Cr 10 % ps rel Mr. Jam * Hile fie had In 1953 he a complet axamination including heat 4 at the Kaiser Foundation Hospital Nothing monormal was found at that time In January of this health department year he In May said 1957 at that he had a chest film takan the he was advised to go to the Southeast Chest Clinic on him there with whom he is now in touch They have as well as several sputum specimens He taken obest films says that the diagnosis there is asbestosis and possibly tuberculosis The past history revealed that he had scarlet fever in 1907 and sonbia and influenza in 1918. He had a repair of a left varico- cale done in 1920. He was married in 1923 and has three children all of whom are living and well He drinks approximataly two bottles of beer a day plus a few highballs The physical examination revealed a thin white male of the stated age of 57. The weight was 120 lbs dressed height 5'104 with shoes temperature 98.0 degrees pulse 90 and blood pressure 112/78 The examination of the head revealed Glasses were worm for hypermetropia jent that the tonsila were present Bilateral dentures were pre- The examination of the lungs revealed that the breath sounds were tarsh and he tended to cough at the and of inspiration The heart ounds were normal and the abdomen was scaphoid in nature No abormal tumors or organ were felt he rectal nation revealed some h murrhulus Chere was Some pooning ver of both the flager and toenails chiefly the fingers how- ne bleon cunt revened the hemoglobin hemoglobin to be 15.3 rocytes rocytes numbered grn^s The or DOCTOR WO IINcJmURY - FIRST REPORT OF 686888554-4- 68854- Pasture in fila a report with the misdle a amme isa den meo anr or Labor Cade Series 6407-6-41)5 miscoff frie examination mail one copy dire,ctl> y to the DiAvNiDsioTnWOofT LaboO r STtOatiasua mad Ramesach P.O. Box 961 San Francio 12 Geen tet Fully AMERICAN MOTORISTS INSURANCE COMPANY COMPANY i - : ~ LAN. Amreners~ questions Fully ' JAMES B. KEMPER CAJONAZ SAGE WILSONING DOULEVARD LOB AND8LES 5. GALIFORNIA 81GM6885481GM68 54 IOD Mecrenaet ~ LAN LAN mee * 1. EMPLOYER pial 2. Address vas aaa P 4. EMPLOYEE 5. AddVorVe ore 6. capation 7. Dare .. 57 8. Injured u \e;* 9. Dareof your rzzamiaruca 0. Name orber doctors won treated LANDS W. RILEY Age Sez Hour | Date lect worked Hour_ Who engaged pour services employee for this rotary Se acr oae reneea ice eeg e ee ee e oe oft cause joyousy ar tilnavne 1. ACCIDENT OR EXPOSURE Did employer sonify employer of this injury Emploqu Empelo' ques 's sm of 1. NATURE AND EXTENT OF INJUAY OR DISEASZ noma Li secaponatai Jumuar MAN dan Of Carl ALDI panodai bamry Lecimate and asbestos ) nadings m^ sacher auspicism diss Stecture Stecture Saptoms Saptoms onset Findings By Andespread Bemm Andespread Les ot _ Health frttce mt A de me regtemp regtemp baths baths spute 4 Ki of cn ise - d-- Name and addrem of borbital hospitalized Purther resument * Earesons ecpamey Eanmazed period of disability for Regular worked ea Duct Describe any permanent disability or disfigurement expected Stuur mese wee setts moe Beimsed 5-11364.8 oa! / 3a.$4 fips Way work ade wm VaVa T mach If death entire zive dare mentee Se i er ar im, sear MEATEL ) REMARKS eeemary ( Now sav ELADAS diarida iarm ias ms sene for ipulas clami@uon of ndareReog, Drrmtein and of | tye by eexxtteenntt deterio whetthyeertye davery tos gt = deterio deterio deterio deterio whether ere ots sere OHS 3 int nt 750 LA 5.56 20M Use reverse idle if more space required Social ar 4 reer WENDELL A. Monuar M. 8489 MLA Aut Los Angelke 6. Gas~-z . Svea 3 oe poe we June 12 1957 American Motorists Insurance 2969 Wilshire Boulevard Los Angeles 5 California Company Attention Mr. Carignan Re Jazee Fley J. 2. Thorpe Inc. Inj 1/2/57 81 ON 68854IOD Gentlemen Gentlemen Mr. Riley vaa examined in this office on June 5 1957. The patient has a It history of having a gradual onset of increasingly severe cough in the part two to three years and in recent He also is troubled with chronic months of losing tan pounds in weight acess and fatigue The cough has been productive of clear mucoid sputum The patient has been working as an insulator for thirty seven years The patient consulted Dr. Schiff and has not worked since May 20 1957 Dr. Schiff took rays and apparently felt that the findings suggested that the patient's condition ves the result of inhaling dust from the insulating material at his vork According to the patient sputum samples were takes and these are now being tested by culture and guinea pig inoculation for possible tuberculcata years married The patient is a white male 57 Los Angeles 37 Calif Tele Ad 2 +562 address hh W. h2nd Street Occupation insulator EXAMINATICH Examination reveals a chronically weight appearing 57 year old white male vho appears to have lost considerable weight e amenon The chest was resonant to percussion vere present over the right base A few fine scattered inspiratory rales TW The patient was referred to Drs Crossen and Gold where an ray of the chest vaa takes This was reported as showing findings compatible with an NET infectious process of a tuberculous nature with cavity formation ae re The patient was referred to Dr. Dean Scofield for examination and for his opinion Aa oe It would seen that if the condition is tuberculosis it is COMPENS !! R 8 Te re eR amt me . e |. Re JameRs ilay 80. James 68854xOD s) 81CM 68334 he ~ . 1957 June 12 s any industrial eccident or disease The presence of a cavity suggest that it probably is tuberculosis The diagnosis would confirmed if positive cultures are obtained vold be Very truly yours JAH : CSH John John A. Morgan Morgan M. D. ite ; , { f t 2 Pore Ps i > t : a) ; 4 > . & _ * ; 1 Fichotys4k Fichotys4k Fichotys4k Fichotys4k ot . Drs Cross & Con 608 South Westlake AGCEIVED LOS ANGELES CALIF , 1957 : 15. June 6 1957 ANS'0 . A C. Crater M.D . 4 i] Jaba 1. Er~-mL. 2985 Wilshire bulevard Les Angalas 57 California "tte : a Dear Duster Korzani . - americas Hatarists Inmerenca Gampang Bas III ae, James . tapi J. F. Therpa Ian. IR 5-20-37 i a Piles 15154 azmazi minatin "mofa the ct hant shi ows an imeta" sse iam ^'meiotfythe right lung is the subclavienias region which is of genoua pattarH There are surando shado ABLAR^ ing award and inward to the right hil^r region Ther leea moder^taly Large shaped shadow with mall areas of rulativO ~ translucency involving the right subslavicular region / are sending the original voortgaangre and a topy athis report feoDf eenife eofl ied ld as yes roquceosd / Vary truly yumru Eile NIN ye eaeaeidi-d 8-30 2 6 8-30 AMERICAN MOTORISTS CoMPANY JAMES Insurance INSURANCE MR CON ( NO O CHA ag: MATKAMOY 8. NG3903 PHLstart 1969 WILSHIRE BOULEVARD TELEPHONE TELEPHONE DUMB 1,4 LOS ANGELES > CALIFORNIA t August 21 1957 Industrial Industrial Accident Comision Commission 501 State Juilding Los Angeles 12 JuildinCaglif Calif Re 81 : 68854 XCD IJnamjeusreWd. RMilaeyy 179557 3. 7. Thorpe Inc. AC 57 A 182-835 182-835 Cantlemen 157 0857 157 EXTERI JUG EXTERI JUG EXTERI : 23 EXTERI EXTERI ; PH EN^ EEXTERI EN^ E 52 | 52 CCHINATION INDUSTRIAL CHINATON INDUSTRIAL RECEIVED RECEIVED RECEIVED LOS RECEIVED RECEIVED ANGELS ACCIDENT ANGELES In accordance with Article Article II Section Commission we are enclosing 10794 of your : in connection with the aenbcloosvieng the following medical report captioned claim 8-19-57 Copy of this report the applicant's attorney is being attorney Frank Porter Miller D. served by mail this date on Vern yours FEC IN FEC IN FEC IN lenguey i C. Carignan Compensation Claim Department Haya Atty Willsas 7, bollywood Blvd. os ae bollywood bollywood Blvd. ' -- A. A. 23 _ eg PN woe 2 Hee the ge Syma of WMT 11 dettee tomeomre Sestrane ARTMEARTME be x e A aeter re So * pudbet MAGIEEA FOLIO, Loe mor - ELLIOTT 3-8870.GANITONILKA 3-870.GANITOLKA 3-8870.G3A-8N87I0.TOGANNIITOLNIKLKAA hae AGS | GLASILANG 061 RIVERSIDA FRANK PORTER MILLER M.O. + PC PC MUTUAL BUILDING - 40 JELES CALIFORNIA CALIFORNIA August 19th 1957 American American Motorists Insurance Co. Wilshire Wilshire Blvd. 2969 Loc Angoles 5 Calif Attin Mr. Carignan- Carignan- Gentlemen Ea James W. Riley- Sap J. T. Thorpe Inc. Date of Injury July 1956C104m 81 CM 68854X- lant to your request I examined the named applicant at the Veterans Hospital in Long Beach California on August 14th lest He stated that he is 57 years of age married and the father of three children His present weight is 122 lbs normal 137. His occupation is that of an insulator PAMILY HISTORY He further stated that his father died of heart disease at the age of ] His mother also died at 73 but he does not cause of her death He has one brother living and Has two sisters living and well none dead well none know the dead RERVICUS DISEASES Gs a youngster and He had measles whooping recovery was uneventful cough and Scarlet No pneumonia He Fever had a light attack of influenza in 1919. No pleurisy Has noted flecks of blood in sputum recently Had a varicocele operation in 1920. No severe accidents of any character during during 1918 to He came to California when he was three in in 1915 in a sheet metal trade and this years was summer summer vacation He was in the Medical Corps of the Navy fron 1917 , He began as an insulator in 1920 and his occupational occupational who as follows 1 1 758670 en ' 75860e 6 75860 . ene ' 75860 wen e Angeles Shipyards Neville Johns Neville Johns Neville Neville at at the the insulating insulating insulating insulating pipes steam pipes Los Los and Angeles boilers boilers from from The base of maceous earth 17941 to 1703- Ho particular work Southern Asbestou Company from 1023 to 1927 Love Love 0 IE LL . runs Par Par Par Par Par Par . A04505 to 1930 4. A. Rubber for from Placu work off and Pron April 2036 10 doing insulation on 10 anige the governaunt 1900 to 1701 this was dicto- 1927 1927 to 1908 fro Leland- AN \ ae be ee ee ar + Meee EOreba oe iee, ee et Mg a ay at oj Pl ant Bubber & Asbestos at Bethlehes from 1942 to 1946 (20), 1947 to 194d- Lynch Insulation 1943 to 1949- Marine Engineering (12), Plant Insulation- 1949 to 1952 3 J. Meyer Olman out of Chicago for 8 months in 1952 14 Plant Insulation at Etiwonda Steam Plant from 1952 to 1954 15 Piber glase from 1954 to 1955 16 Coast Insulation from 1955 to February 1956 (.?}, Totman Morgan Co. from Peb 1956 to Sept. 1956 Totman 7. Thorpe from Sept. 1956 to May 19th 1957 During these zzy yours he has used all the various kinds of insulat126 products daily PRESENT VISTORY He began feeling badly in July 1956. Cough and sputus were the Soin subjective symptes he He now states that in 1953 went into the Kaiser Hospital at Pontana where his chest was and he was told there was no pathology Loss of rayed 1956 and he lost 110 lbs He weight began in July en ray and was inmediately went taken to the L. off work A. City Health Dept. for Five sputus toots were taken- three negative and two positive tests on concentration Juna 10th 1957 and June 21st 1957 were positive for acid bacilli Dyspnoea began at this time and also fatigability He was examined by Dr. Schiff Scofield and Shirey Dr. Shirey stated that asbestos was found in the sputum He entered the Veterana Hospital in Long Beach on July 10th 1956. He has gained four pounds in weight and is ing considerably less than formerly He smokes one sough- and is a moderate drinker package of cigarettes cigarettes His therapy is now Streptomycin and abnormalities PHYSICAL EXAMINATION scalp shows no a very slug s a both to light and accomodation Eyes show The nocal mucosa does not appear congosted congosted and the position Both upper and lower teeth septum is in normal The pharynx is uninjected uniunjnectiednjected The are on galvanised dentures cervical glands could not be palpated Thyroid is apparently normal nosterioly There is a slight decrease in the nobility throughout tile side both anteriorly and nosteriorly nosteriorly Toncion in the shoulder Sivils moup of muscles on the right do is slightly bypavated The Merion Merion Merion note shows an increased density which is light at ofther busu uid a resonant noto as the right upei Breath sounds show a great deal of harshnocs with prolongation of expiration in either choct and there are many crepitations at thu right base and also at the loft apex These appoor to bo dry and I have the COMPENSATION COMPENSATION me Bk alee aNd oF, Sted a ese AL seas rene er Reee ren Re Fe ae these are largely plousal and are not of recent origin Hoart sounds are Goft normal and rhythmical and no adventitious murcurs are demonstrable Blood pressure normal pulse rate 72 Abdomen This area somewhat scaphoid Tiscora were palpable nor were there any rigidity Genitourinary was negative None of the abdominal masses CandernoaS oP Reflexes were physiologic Lower extremities were free from edema The terminal phalanx of the hands showed quite a marked hypertrophy The remaining systems failed to reveal anything interesting or pathologic LASCRATORY I sow the laboratory work that had been done by the Los Angeles City Health Dept. and there was no evidence of asbestos fibers or asbestos bodies The laboratory work which was conducted at the Veterens Hospital has been negative at all times for acid organisms although at the Health Dept. there were two positives on concentration The Veterans Hospital has also been unable to demonstrats any asbestos bodies RAY 4 REFOR REFOR Following are verbatim reports from the Veterans Hospital on ray pictures taken by them Long Beach 57 - Fibrotic disease is seen in the right apex with air- filled spaces which could be either cavities or blabs Bilaterally both lower lung fields are honeycombed with infilmate of lesions No previous films are avail- able for comparison The etiology of the upper lung fields is probably pulmonary tuberculosis which would suggest that in the lower lung fields the infiltrate is probably due to the case discase Sigmod 3 Roberti H. D. 22 -Ho change from the examination on July Ind 1907 2 57 -Planigrams of the might upper lobe several cmc cavities in the right contincter or locs in diameter Pilms revoci apical area all 0/24/57 0/24/57 -These and my own findincs. Thuro is a great dowl of fibrotic age in Na ulyjen s ce and a lojuur unstint in the upper left There are multiple umll cavitiew in the upper right Portendicular curdine silhouette Tal no oer eer . Poureny The lower portion of either lung shows a fibrotic trabeculation with dome nodulation There are a There are a few calcified nodes adjacent to the hilum and an interlobar plaural change in the midchest on the right 6/6/57 NEW An ray picture taken by Crosson & Goin on June 6th 1957 shows similar changes which have been previously described and in this film we have a good black and white contest but there has been no alteration in the minutia from the films previously described - CONCLUSIONS CONCLUSIONS It is true that severe pulmonary disability may be pro- duced with far advanced asbestosis but relatively few of the people exposed to the fiber develop the disease The word asbestos is used m to describe several fibrous nameciu silicates which are different in the chemical composition and also in physical properties Total world year production of asbestos Canada and Africa are is approximately 1 the main source of million tons per fiber comprises about 95 of the fiber produced suApmpolsyiteThetrcehmroylsiotteile being secount for only small percentages Recently many new uses are being uncovered the floor for the use of fibers- such as wallboard shingles tile brake linings 800. For the sake of correct = think the word asbestos refers nomenclature to the fibers and asbestocis to the Alseage is would be expected the few who develop the disease are those who ave contact in the mines and the mills In other words when the asbestos is in in the the raw state it develops sparingly after the fibers have been processed processed Thus in making a diagnosis of occupational dinoase occupational | ulmonary dinoase dinoase it is very imperative to obtain a detailed sional history so that asbestosia chllcosta or mixed pneumoconoicocsuipsa- i H be differentiated If the fibers up to 20 micron in length are nhaled continually in sufficient quantities quantities over a period of many i H cars a typingi pulmonary fibrosis will develop t has been demonstrated thesis thesis thesis is due not to chomieni chomieni ; eons but other to the reenculan nation of the fibers Those fibers H no deposited in the bronchioles and produce a ticque response which at fad succo niu un no acoustos badias Asbestos f odies on 4 hort and found sporadic in the sputum of the sortune who have hind only exposure Memple Memple are only and have no } ign or symptoms of cabocsocis In stlier words the findings of a teal oo iad ~~ } a Oe Neoee Vig cm i , tm \ ete ek asbestod bodies is significant only in that the an exposure and not necessarily dous this wenn individual the diconge has had asbestosis After the initial stage has passed in the disence we got a * ground glass appear at other base of the lungs due undoubtedly to pleural involvement Continual inhalation advances the condition from the bases to the middle isd of the lungs but the spices re main clear The cardiac outline becomes more indistinct and the costophrenic and costocardiac angles are obliterated Many third- stage cases of asbestosid carry on their work for many years but if pulmonary involvement becomes too rest cor pulmonale occurs There is no typical clinicel picture Those comon symptoms which secur in all chronic pulmonary disease are present cough sputum weight 063, Animal experiments and clinical observations have shown that asbestocis does not predispose a person to the development of pulmonary tuberculosis nor does it agravate an apperonsly healed suberculous lesion t wo toms in Quebec of comparable size both with a single mining industry asbestos the incidence of tuberculosis among the population over a period of many years was no greater than other towns of similar size with no dusty trado Now to return to the applicant Let us first review the diagnosis Repeated sputum examinations by the Los Angeles City Health Department show three negatives and two positives on concentration examination for acid bacilli No mention is made of asbestos bodies All sputum specimens at the Veterans Hospital have proven negative and repeated search for asbestos fibers have proven Regative ray examinations at the Veterans Hospital disclose multiple cavities in the upper right and come fibroses at the bases but Dr. Robert Badiologist believes the basal pathology is of the came rigin as the apical involvement tuberculosis Palms sakon by Crosson & Join chow no asbestosis There are contain contain features in the -rays which are incompatible with cbctc13 First lack of ground glace appocastice which is so subestasic characteristic at boses Second we have sobe nodulation baces which does not occur in asbestosis Third we have clubbing of the fingers which is existent in at the marked ~t@ presence of multiple cavitation fibrotic cat cat either upex Olbic tuberculosis which is becoso of meid bucllli upper right fool that this and some is an old reinfected and ective Prudence vilenvilcenco o. Te CT ay ee ey a has dealt with any producprodutcts s the reasoning that we can make too infinitesimal to diagnosis of asbestonia particularly when one realizes that of the many that are expoged few fall to this form of pathologs pathologs adduce is victia Thank you for the opportunity of this very interesting study By NE NE Very truly Miller Miller F.P. PRANK PORTER MITMER D. Mart Mart FRAME t endav * PAGE American American American American American AUCIUENT ee ah ~T ANGELES AUCIUENT AUCIUENT AUCIUENT . Insurance On NOV 29 AM 10 0 DOM B. B. BESSIONE BESSIONE VIDE08~ DENT08~ DENT tae 08 - _ o Fil REFEREE LOANQELEBRANCH LOANQELEBRANCH LOANQELEBRANCH Oprice STREET 6-5781 151 HEAP BEVENTH LOS ANGELER BO MADION 6-576-857181 GALIFORNIA GALIFORNIA REFEREE REFEREE REFEREE REFEREE R. N COM SAGENI November 27 1957 pal B a Industrial Accident Commission 501 State Building Los Angeles 12 California RE JAMES WHITCONE RILEY vs. IAC 57 LA 182-875 HANVILE TC ET Gentleman Attached is a payroll report just received from Morgan Company of Chicago sharing employment of the applimnt on their job at Oceanside from Jamuary 16 1956 to August 31 1956 Our last policy on ikorgan Company was 363-5699 which expired on January 1 1955 and was not ransved The employer has advised our Chicago office that coverage for the period of employment in question was by Employers Martual of Vasau Youra very truly age anc ce Hays & Mclaughlin Attorneys at Law ( 6331 Hollywood 31vd Los Angeles 29 California Employers utual Insurance Company of Wasau 6435 Wilshire Blvd. Los Angelos California se ramaa... rie weumeect 4 Saimi 28 ue ee od ee * qr4N7 a ete ware 7 , e TOTWAN.MORGAN COMPANT TOTWAN.MORGAN TOTWAN.MORGAN COMPANT cay . 10/24/57 James Whitcomb Kiley 2" 447 42nd Street West California Los Angeles 37 California Date Hired January 16 1956 Termination Date August 31 1956 Rate of Pay 130.00 per week thru July --fl 3134.00 week August Name of his foreman Charles L. Little P. O. Box 396 Carlsbad California Feek by week schedule of his gross earnings Week Ending Tares Week Ending Vazes 1/22 130.00 6/3 104.00 1/29 130.00 6/10 130.00 2/5 2/12 2/19 130.00 130.00 130.00 6/17 6/24 7/1 130.00 130.00 - 130.00 2/26 3/4 3/1 3/18 130.00 201.50 130.00 130.00 7/8 7/15 7/22 7/29 104.00 130.00 130.00 130.00 1/2 4/8 4/8 130.00 130.00 130.00 8/5 8/12 8/19 134.00 107.20 134.00 4/15 4/22 4/29 130.00 130.00 130.00 8/26 8/31 134.00 . 134.00 5/5 130.00 Bonus paid 5/13 5/20 130.00 130.00 1/22/57 132,00 | 5/27 130.00 Total 34.474.734.4074.70 nh 2 " A % . THORPE INSULATION COMPANY ELA t Quex and tantruriums at The out houkalinn ~~ 2741 SOUTH YATES AVENUE - LOS ANGELES 22 CALIFORNIA September 27 1957 5 +3 Firemans Fund Indemnity Company ~ 3440 Wilshire Boulevard 11 Los Angeles 5 California 11 11 Attention Mr. C. F. Weiler Claims Examiner Subject JAMES WHITCOMB RILEY Your File No. 112303 In response to your letter dated September dated August 27 1957 the following is the while in our employ 13 1957 and in connection detail of the assignments of . with Mr. our letter Riley WEEK ENDING 12-23-51 7-27-52 9-3-52 9-3-52 3-8-53 3-15-53 4-5-53 4-12-53 + -19-53 1-26-53 1-26-53 5-3-53 5-10-53 1-17-53 1-17-53 -24-53 -31-53 7-53 14-53 14-53 -21-53 -28-53 -5-53 -12-53 -19-53 HOURS WORKED 36 16 40 a 32 +0 40 40 32 40 48 53 53 53 53 53 30 45 53 40 JOB NO JOB NAME 3628 3629 3028 3628 3428 3628 3629 3629 3629 3629 Euwanda Steam Plant DITTO " 1+ th = MATERIALS APPLIED BY J. W. RILEY Incomplete Data DITTO " 1 " 10 11 , " Pabco Caltemp DITTO 10 10 " " ones in ellat ae td oe aad aeee e e 1-29 1-29 1-29 1-29 1-29 Prem sean oven me me American Insurance Group Group antrs OFFICE Log 4MOCLEX BM "th OMANCH OMANCH OFFICE AMBELEN OMANCH OMANCH OFFICE awane ANELEN CALIFOAMIS CALIFOAMIS . He "a PS wm G EyAaSi.Lp Steen, iAdussr^'al Industrial Industrial Acident Industrial State v@n Our Manville uiteombRilay vs Johns Whitcomb Whitcomb LA 182-035 Rilay 182-035 075-7718LL 075-7718LL EL Inc.et al LiaLibabili icarlrieri brotan Lab hig leettar will This servo correct correct statement last letter will servo servo letter November statement 7a the paratraph paratraph paratraph our our November 1957. correct had been " name saved Chiengo office office insurance carrier brotan the correct Comunny the insurance an Comunny refarmed wag ... mployers usual Ansumon Ansumon tala Company refarmed usual Liability Insurance of the Employers Employers are ausau ausau now advised that actually of referito The Mm loyers Assurance Assurance Comporntion Ta view of this information . Assurance Comporntion In view of surance information it appears joined joined tains sOlunsasnes a CO CO CON27 should Topman organ a party from January January 10 Topman organ 79, . e yours : SO A ayy as tes a7 2465 Se ay wo Seehy sas AN Shin Loa 197 197 ly > lve. . Wes fan MC eRe as ON SamadSer' dmanuce ewe Lhe Torey Pre R, pier -, teagan flaims P10a3c3ifiScouth Employers Insurance Insurance Company Los Angeles 15 Califoima Attention Lloyd 0. Grayne Clains Examine th smte l sn mei ni BS: JAKIS V. BILKY VS. JORES MAIVILLE et al 182-835 Replying to your letter of November 19 1957 advised that at the time of hearing an informal please be discussion arose at which time informatia ni grm the fafgree that the applicant was employed by Martie Faginsering Company for tas It } months in 1946 months in 1947 one month in 1948 12 months in 1949 5 months in 1950 and 6 months in 1951 and that the carrier was Pacific Employers Insurance Comp^ny Yours vary truly GAM IN GEORGE A. MARTINELLI Refere Get cet EC CC ec; cc: set Slt St William T. Hays 6331 Hellywood Hellywood Elvd L.A. 28 Delano Stalvey The travelers Ins.vo. 510 v 6th L A. G. Der Associated Ind Co. Baz 2133 Herlihy and Herlihy 412 W. 6th St & IL 54 H. V. McInerny Aetha Cas & Sunty Co. 810 3. Spring & A 17 Charles Antis Industrial Ind Co. Box 2252 & 17 Gould and Bowers 1671 Wilshire Blvd LA LA 17 Pe be Gariman 3045 Vilanzre iva PARTIES SERVED : PARTIES James Whitcomb Riley 447 West 42nd St. LA 37 william T. Hays 6331 Hollywood Blvd. ~A 25 Founders Ins Co. 727 Weat 7th St. LA Manville Inc. P.O. Box 7 Prench Camp Manvills Inc. Attn Stockton J. E. Gilmore Ind Rel Mgr Manville Inc. Box 1450 Long Beach Southern Asbestos and Magnesia Corp. 1701 N. Main Asbestos Co. of Calif San Francisco address St. La Plant Rubber & Labestos Co. / Plant unknown 2741 3. Yatan Ave. LA Insulation Co. Los Angeles Rubber Co. address Marine Engineering Co. & unknown Robert 0. Lynch Lynch Asbestos Fiberglass dba Lynch Aabestos Co. Co. 5933 Telegraph Rd 2939 S. Sunol Dr. Plant Co. 2939 S. Sunol Dr. La Insulation Co. 2741 S. Yates Coast Insulation Products A75 2316 San La Armstrong Cork Co. 1206 Maple Fernando Blvd LA South Gato ^ TALA 0/0 5037 Patara St. La teh fotman Chicago Ill Long Beach Vet Adm Canter Ins & Registrar Div Bldg 30 Correspondence Section Attn The Travelars Ins Co. 510 West 6th Mrs. Hahn Long Beach Associated Indem Corp. Box 2133 St. LA 54 L Pacific Indem Corp. Pireman's Fund Indem 3450 Wilshire Blvd. La Ind Indem Co. Box 2C2o5.2 L3A4405h wilanire Blvd. LA Phoenix Indem Co. 3750 West 6th Empl Mut Liab Ins Co. of St. IA AGrugaornaantuete IInnss Co. Box 2887 WLiAs54 6435 Wilshire Blvd. I. dh American Ezen 1001 Wilshire Blvd. L^ Motoriata Ins Co. 2969 Wilanire Murich Ins Co. 41165 Wilshire Blvd. LA Blvd. Lad " PPraecdifi3c. Empl Ins Co. 1033 S. Hope St. La Carignan 3045 Wilshire Blvd. LA Herlihy & Herlihy 412 Weat 5th St. LA Mount Pendleton & Gillaspy 3440 Wilshire Blvd. Ld Spray Gould & Bowers 1671 Wilshire Aetna Casualty & Surety Co. 510 S. Blvd. LA 17 Vet Admin Hosp 5701 Bellflower Spring St. L Empl Liab Assur Blvd. Long Beach Corp. Ltd. of London England 639 S. New Hampenics Inch Party served copy of Notice and App in 3. T. Thorpe Inc. 929 Sast 2nd St. La Int e \ Pacific INSURANCE COMPANY PACIFIC Employ^ RS Employ^ RS THE VICTOR MONTGOMERY INSURIANCNE SURANCE 11ING tla EMPLOYE @y || || ee GENERAL MANAGEA COMPANY 9 AGENCY INC wanes 15 : Sm 1832 6600 MMOORREE SSTTRREEEETT RICHMOMB 0.8481 0.8481 ome eaten a E LOS ANGELES S November 19 1957 Industrial Accident Commission 501 State Building Los Angeles 12 California Re James W. Riley va Johns Manville at al 57 LA 182 835 Attention George 1. Martinelli Referee > Gantlausan Gantlausan Brys la have a copy of your letter addressed to of October 23 1957 Mr. Ciannsuyroeudlet us know the name of the company ve reportedly { Ymare very truly cal . : LOC ce Mr. William 7. Bxyu Attorney at Law 6331 Hollywood Blvd. Hollywood 23 Calif Before the Industrial Accident Commission of the State of California JAMES WHITCOMB RILEY | Ces 57 is 182-831582-835 Notice of Time MANVILLE INCORPORATED a corporation et al Further Hearing LOS : BOYSH LiOaSO ANGEV LES FORB FILIU HOV 18 18 1057 WILLIAM KAFLAN * vy KAFLAN Defendend 7. KAFLAN NOTICE TO ALL PARTIES You are hereby notified that further hearing will be held in the moi ladaction at LONG BEACH 5901 EAST VETERANS 762 ST ADMINISTRATION CENTER LUNG BEACH 4 CALIF JANUARY 2 ... } 1958 Dated Los Angeles 9:30 A. M. TWO HALF ORDING BEARINGS we 11-18-57 INDHISTILAL ACCIDENT COMMISSION NOTE CONTINUANCES AND FURTHER HEARINGS ARE NOT FAVORED me SERVICE UPON per Amare See attached list for service reciv Morgan and Pacific Emp Ins Co. Served HEARING and copy of Al PLICATION filed June 25 copy 1957 of MINUTES OF ee es e Oy | CAENA ote wret mig rg ee TA MUTMr S For 40 saev bi81, em erccar 9 om Seated 9 Before the Industrial Accident Commission of the State of California Claim No. 57 LA 182-835 TANES WHITCOMB RILEY RILEY RILEY = Applicant VS. Order Joining Party MANVILLE INCORPORATED a Defendant 4 at a4 and corporation TOMLAN MORGAN , Ieee ..... m...e * FILE wat an SSIONSION Defendants NOV 1857 d WILLIAWILLIMAM Y d A Gatiant Gatiant Therefore " Good Cause Appearing mens IT IS HEREBY ORDERED That e TOTMAN HORGAN a nt be joined as a party defendant in the above entitied cause 11-13-57 COPIES MAILED TO ME Kajohand STE P REL - MILITAMILMITAM KARTAIP Referen INDUSTRIAL ACCIDENT COMMISSION ba OA ET See attached list for service a Morgan and Pacific EmpEl mpl Ina Co. served HEARING and copy of APPLICATION Filed June copy of MINUTES OF Filed 25 1957 or seu 8 Ae fk 2 , seam 3d 4717 4717 um ane Re SSE OEP ygyarsy st anion PARTIES SERVED James Whitcomb Riley W47 West 42nd St. LA 37 William T. Hays 6331 Hollywood Blvd. LA 28 Founders Ins Co. 727 West 7th St. LA J. T. Thorpe Inc. 929 Tast 2nd St. LA Manville Manville Stockton Inc. Inc. .. Box 7. Franch Camp Attn J. E. Gilmore Ind He N^ Manville Inc. Box 1450 Long Beach : Southern Asbestos and Magnesia Corp. 1701 N. Main St. La Asbestos Co. of Calif San Francisco address unknown Plant Rubber & Asbestos Co. / Plant Insulation Co. 2741 S. Yatas Ave. LA - Los Angeles Rubber Co. address unknown ) Marine Engineering Co. & Piberglass Co. 5933 Telegraph Rd Robert O. Lynch dba Lynch Asbestos Co. 2939 S. Sunol Dr. Lynch Asbestos Co. 2939 S. Sunol Dr. LA Plant Insulation Co. 2741 S. Yates A70 LA Coast Insulation Products 2316 San Fernando BlvdL.A Armstrong Cork Co. 1206 Maple Ave. LA / 5037 Patara St. South Gata La I Morgan Chicago Ill Long Beach Vet Adm Canter Ins & Correspondence Section The GrRaveegliesrtsrarInDsiCvo.Bl5d1g0 W3e8st A6ttthn StM.rs.LA Haha Long Beach Associated Indem Corp. Box 2133 LA 54 Pacific Indem Corp. 3450 Wilshire Blvd. LA - Fireman's Fund Indam Co. 3440 Wilshire Blvd. LA Ind Indem Co. Box 2252 LA 54 Phoenix Indem Co. 3750 West 6th St , Empl Mut Llab Ina Co. of Wia 6435 Wilshire Blvd. LA Guarantee Ins Co. Box 2287 LA Argonaut Ins Exch 1001 Wilshire Blvd. L^ American Motorists Ins Co. 2969 Wilshire Blvd. LA Zurich Ins Co. 4465 Wilshire Blvd. LA Pacific Empl Ins Co. 103 S. Hope St. LAt Pred 3. Carignan 3045 Wilshire Blvd. LA Herlihy * Herlihy 412 West 6th St. LA Mount Pendleton & Gillaspie 3440 Wilshire Blvd. LA McCartney Hall & Ryan 639 S. Spring St. L Spray Gould & Bowers 1671 Wilshire Blvd. LA 17 Aetna Casualty & Surety Co. 810 S. Spring St. LA Vit a^mioHorp 5731 Rite Spring d Long Bnwobe December 5 1957 Department of Industrial Relations I50n1dusSttraitealBAucicliddienngt Commission Los Angeles 12 California IN REPLY REGIOTONN MILEY , James a, # 101478 { ATTN = Katharina 3. Salomon Calender Clark Gentleman Please consider this letter as depositions in the case your authority to of James Piley conduct two half day and Friday January 2nd and W. Piley Piley at this hospital on Thursday 3rd 1958 at 9:30 AM . It is understood from the will be approximately a list received of with the Notice of Hearing there The conference group twenty people present for the hearing room on Ward 10 has been reserved for this . purpose Please present this letter to the Information Desk hospital upon your arrival Personnal of the notify the ward of your arrival Main Building of Information Deak will this . ue Very truly yours Info cct Dask Ward 1-3 Janes W. Piley - kim 4 Kays Attorney A. P. WILLIS Registrar te Le De ED inquiry or An inquiry by rennurning ex number number Ervien de XC K. NY rennurning an enrVISS MER OF wamen thouitshouis of of greable giva raszaaA shel H. RK Rat an nALLY if men gf unkn^ UR gies OIE "ey fi@ 4! BQUCENF BQUCENF ye AS ANOCLES " 1091 E. EVENTH #TRUT Irom tla, rece a 7 aha eaakt 1 rs NO fel LONG BEACH 4 CALIPORDILA CALIPORDILA December 5 1957 ni) ren A Be HQ ~ rev vast SY vamemenet, LA 182 835 State of California Department of Industrial Relations Industrial Accident Commission 501 State Building Los Angeles 12 California LEN FILFIM LMERER TID 526-136P6 5266-136P6 5266-136P6 5266-136P6 RILEY Janes Y ATTN Claims Division ~ ot Gentleman Enclosed are copies Mr. James W. Wiley is also encloa of statement of charges for hospitalization for copy of your Man clain form signed by Mr. Ril Pil The statement of charges cover periods of date 1957 to November 30 1957. This is of admission on July 10 is still hospitalized : not a final billing as Mr. : . We would appreciate being informed informed as to this matter the decision made in regards to Yours very truly -- ----,----, Enal Lan Dain Stant of Charges A. P. MILLIS Registrar ^ nseruare by ai saneaming an around watanael C. XC N. H. RH ar kavan men or woman chavi~ if premikle glwa 11 men numBS amb amb numBS IS URANGOR ANTION OF ie re mes re i On ome Pn eo BEFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA EERREEEE Notice San Franciscs Ofica 965 Miamson Street San Francisca } Sacramento Ofica 631 Serve Sacramento Prando Offies 412 Heim Building 1111 Fulton Street Freno 21 JANES WITC 10 KILA and Request for Allowance of Lien Lam Angeles Angeles Office 301 Seaca Building Les Anguiss 12 57 LA L92-895 CLAIM No. Long Beach Ofen Loom 114 . louirvard Jargins Trus 100 Z. Otras louirvard Long Bench : San Diego Offa 1521 Fourth ^ FRECKER San Diego wows \NS ADMINISTRATIE ESPISAL = Lane Beach California a VIL various mplayers & insurance Companies a aaa 4 _ UPLATES 1 LABE . a The undersigned bereby requests the industrial Accident Cyparem Cyparem degetermine a.nd sikre tem cen MAKERS MAKERS Mihal scount undetermined patient wedil Dollars } ) ngaran say MAKERS , now dus or which may hereafter becoma payahia le compensation on account of injury nurtained by him om - = applicable This request and claim for lien is for Cross nut parma ant 1 The mamnable expense incurred by or on behalf of said employes for medical tranmoment in cart ar raeve from che effecta of saza injurypor injurypor FTP JUAL JUAL DESET DESET 3 SS Sadao Se Oe op re oe anf, eeree ! is yor ee ee or masked a copy of this lion claum un The underngnai asciarm that be delivered to the eee onlay var var sae loveber 2 1957 wall som 1 consent to the requested allowance of a lira agama~ my prasesieg. FOR 3 Smar addy LETTER LETTER LETTER SSPURITE ws 4 OA os - - eed ~ ee ee, VETERANS 1.JSPITAL DKNISTRATION 1.JSPITAL 1.JSPITAL LONG BEACH CALIFORNIA November 4 1987 TO Jamsa W. Riley 447 7. 42nd Street Los Angeles 37 Californi ADMISSION July 10 1957 DIAGNOSES 1. Pulmonary Tuberculosis THRU William 7. Hays Atty 0331 Enllywood Blvd. Los Angeles 28 California SCHARGE STILL HOSPITALIZED HOSPITALIZED active 1. The following itemized statement refects the cost of services madmed - AILEY James F. Reg 101478 inclusive hospitalization hospitalization rate 114 days @ 18.55 per day - o July 10th thru October 31 1957 Total - 2.128.10 Not a final billing ~ patient still hospitalized me tren sen VY I SOY 2. 2. This information is considered conidental and should be treated accordinglacyordingly F R8 materi err ae te te ee lau De VETERANS ADMINISTRATION HOSPITAL LONG BEACH CALIFORNIA Necember , 1967 Miley A. Miley Z 447 : 447 boat 2nd Street 204 A979.18 A979.18 6117.B 6117.B ADMISSION July 10 1367 R7 M lium Bayea Atty 4331 Mallyand Mallyand Sim kunagi kunagi 28 041forsla Simcha GTTLL tQ Set I2ED DIAGNOSES 1. Tuturessous pubse5117 818+ cative outna III 1. The following remized statement redent the cut of serves readered - 3127 06 8 Reg 101672 inclusive 50smitalisation Pals v 30 days # 118.85 per day e+ - = Youth of November 70441- 70441- 859.b -8>59.b -> a, OtAe . | -. geese RESP eR (Thi 66 no g : imal ! I u.iiag' maht still hospitalis | 4 i 2 The PinsDOR em validi ulim KH^ CH N Daid tar fr^ndarsi COMPENSATION w PE ei aS a Meame - 1 } i iz : , t : i ' * 4 i Lien claimed by Pounders Insurance Company Information received over telephone They paid him at the weekly rate of 40.00 per week for the period May 27 1057 through November 24 1957 a period of 26 weeks Notal 1040.00 They also paid Hospital benefits for 12 days at 10.00 a day Motali 120.00 for the period 7-10-57 to 7-22-57 . nn 11-24-59 AKITNGY AKITANGY o : : ACIDENT ACCIDENT ACCIDANGELES EeNe Teg oa BEFORE THE INDUSTRIAL ACCIDENT COMMISSION INDUSTRIAL INDUSTRIAL INDUSTRIAL ACCIDENT COMMISSION NOV AM AM 34 34 -- Notice and Request Allowance Allowance Lien FLED -- _ EXHIBIT 18-83 18-83 : Founders | FoFundoersundFoeunrdesrs lourance Company lourance Company Francisco Francisco Offer ; CLAIM No. 18-18 8-3188-833 18-83 18-83 3 an! . Angeles Insurance Conspastry We Serve Serve Serncy Angelies 14 14 FOUNDERS INSURANCE OMPANY COMPANY vune we Cheimene W 7th St Los Angeles Angeles California Cm JamW.eRis ley TAPLAYU 544-09-2274 men obama Aeon nd sen Ae eetees Heese vemen, ieeregrag OCGA. a GUMY GUMY HOM 147 42nd 42nd Los Angelea Angelea California SES J.T. Thorpe Inc.408 ne Om one oto a) cae oo American Motorists Inc. Co ......... ......... Inc. fi fl fi' fl fi John John McLaughlin McLaughlin McLaughlin attorney Mclaughlin 948 2nd 2nd Los Angeles Angeles Calif aes fiHflollywood Bird | Angeles Angeles, Cali: ers 6331 Hollywood , Blvd Lea , Angeles, The undersigned hereby requests the Induuenal which represents represents amount period period disability beginning 5-22-57 5-2-57 Accident Commission Commission i unemployment of unemployment < compensation disability benames paid to date for af papuasua made which which will not carred 2250.00 cared 2250.00 | _James Ailey tncmettemensien benefits wha _James Ailey ieware El AEDUE Of INIUFY Kestamed disability disability 57 re are The <opy undersigned undersigned declares copy copy document document in that delivered ae mai each of them serve 4 nance mM eaca af them of of his claim lien aformas~-d aformas~-d FOUNDERS FOUNDERS INSURANCE INSURANCE INSURANCE COMPANY Founutas IMSURANCE Conpany Cuem E s owameexant exant # Exoment tp Exoment ^ ettariniOF LIEN Teeweited wlowame of a tien TCM NY E VAG Ue FSaeay ee ee OD on iS Or Anca Cait Jz ) AMS AR CRTRA Sed sonsx eT 4 e nn oat a | ee -te n oe JOSEPH A QORAY CHARLES # CHARLI^ HALCOLM HALCOLM MI'S BALO A Bat A 2 kkaattususkatus <8. NAWAIGENAWAIGE Sm^1629 Sm^1629Sm^J 1M 629 NAWAIGE PRARA ROUBIDAN CHARLED OLDBLO jonn J. 044LEN CASCTANAIQ STANIQ vay oo * ae ! i ae mr SALESAF OCT BRBAY GOULD & BOWERS tamene eae AUJ A AUJ UJ AT LAW ; AROPLDO PROGRA CALI LOS Cctober 117 117 117 117 CLAICRK OPLDO 25 1.57 117 - oe OS ? OUR CLICK2-640 ed 7 . ut . . _ MER 2-640 - Industrial Accident Commi 601 State Building 217 West Fims Street Los Angeles California Re Riley vs. Plant Insulation Co. IAC Claim No. 57 LA 182-835 Gentlemen Inclosed for Mling in this matter is 4 letter from the Thorpe Insulation Company dated September 27 1.53 Copies of the letter are being served on the parties listed below Very truly yours SPRAY GOULD GOULD Mucenin Mucenin Mucenin Mucenin MuceninMucenin & BOWERS . Brely 1 Brely In BrBely rely Maurice W. Bralley Jr. Thatrah Thatrah one: 321 Inde Finema's und Inde 3440 1108ire ^ lvd. 50 50 Angeles lanice Hount Pendleton o illumpy 3440 -culevard Los Angeles ilays 8S ee eR Wea Oe Or 8 WN cee 6 COMPANY wea THORPE INSULATION COMPANY ~N Luntructors PatributorsPatributors Patributors Patributors and at Thermal Insalation ~ 2741 SOUTH TATES AVENUE ' LOS ANGELES 22 CALIPORATA CALIPORATA September 27 1957 Employers Mutuals of Wausau 6435 Wilshire Boulevard Los Angeles 48 California Attention Mr. S. Schnarre Subject JAMES WHITCOMB RILEY Your Reference No. A 27-27760 With reference to your letter dated September 24 1957 regarding the above claimant our insurance carrier was Firemans Fund Indemnity Company during the period July 19 1954 to June 8 1956 during which time you were our insurance carrier as respects our Job No. 3893 only for certain work performed at the Morro Bay Power Plant Units 1 and 2 Our records also indicate that James W. Riley was not assigned to the above mentioned project during his period of employment with us For your Company Company further information please changed its corporate name on January 1 1957 be advised that Plant Insulation only to Thorpe insulation J. E. Knutsen IT REIT th ek oa anata pein allt 1ai1het6ncs =f on Ar . el . e , e -he- - - : ep WILLIAM T. HAYS 8381 ATTORGET AT LA Mol17 998 Mol17 998 COULEVARD COULEVARD LOS ANGELES ANGELES 24 CALIFORNIA CALIFORNIA CALIFORNIA MOLL .17 October 24 1957 25 17 17 OCT AM 10 15 ey LEN Industrial Accident Commis California 500 State Building Loe Angeles 12 Attention Referee George A. MartinellMartiinel i RILEY Rei JAG Y. VA RILEY JOHEMAMINVAILLEINVILLE , et al L. A. 182-035 Dear Siro KindlyChicago join as an additional party defendant Morgan of IllinoisIllinois for employment at California Oceanside in 1956. We have no other address for Morgan other than Chicago Illinois but it is our understanding that the Associated Indemnity Company the insurance carrier for that employer was Very truly yours HAMS & 05 LAUGHLIN , McLaugalin j wi., (a 30 30 F. McLaugalin oo Absociated Delano Stalvey The Travelers Ins co 610W. 6th St. A. 2. A. 3. Ewin Indemnity Jo 111 W. 7th St.L. A. Herlihy 4 HerlihyHerlihy Herlihy -1217. 501 56. L. A. 14 H. V. NcInerny Aethods Aethods I Surety Co. 54 Charles Antis Industrial Ind Co. box 10 S. Spring L. A. 2252 Sprey Gould & Bower 1572 Wi Blvd. A. 1. L. 1 3lvd P. 2. Carl 3045 Wilchive Wilchive , -- he Pacific loyers Ins Co. 1003 3. Hope St. A. 15 os a be en ie eh eeegt Le ee reg EHP ems ma ve ae eet at ^'t October 23 1957 William T. Hays Attorney at Lew Attention 6331 6331 Halywod John Blvd. Nelauchlia Blvd. 23 California Dear Siri BE: LJAoMdES18V.2-B83I5LKI 78 JOHAS MANTELLI et al Yo have delayed resetting this case panding information from you relativo in accordance with the disposition disposition at the carigu to the joinder of additional employera and Please advise amd carriers. us if you propose to juda additional mployers Xars very truly GAMINT GAMINT GE A. MARTETELLI deferes ect 683 ser ee; Gey 00 00 CEICEI Dalane Stalvey he travelers las Co. 10 w 6th St La A. G. Bring Associated Indemnity 111 8.7th 36 A , herlihy and Berliny 412 V. 6th St A 16 K. V. Mineray lotis bas & Surety Co. 810 S. Baring A Charles Antis Inmatrial Ind Co. Box 2252 & 54 Spray Could and Lowe Wilshire LA 1671 Blvd 8. be German 2015 Wi Wire re m1 Pacific Exployers ins Co. 1033 S. Hope St LA LA 15 eaw cro Founders Insurance Company San Francisco Office 465 California Street San Francisco 4 ey BAJUBAJ7U95 795 795 ZARAI ZARAI +E] " 193 ADLIBENT Qa ANGELSADLIBENT ANGELES ANGELES Comprary FOUNDERS INSURANCE COMPANY VL 737 7th St. Los_Angeles Los_Angeles Calif " W. R Tami es le Riy ley oo UNILEVE 44.744.7 W.W.42nd St.St., Los Angeles CalifCalif . 44-09-2274 44-09-2274 POTLE'SPOTLE'S IN MY SUNGLA ames, Thorpe Inc _ LEPLAYS _AmericanMotoristsMotoristsMotorIincs.tsInc. Co CO ~ 948 2nd St. Angele Cals if Angeles Angeles sees 2969 Wilshire Wilshire - Blvd Los Angeles Angeles attorney John McLaughlin attorney / Hays and claughlin , 6363331 1 BollywBoololdywood Blvd.Blvd.Blvd. Los Angeles The undersigned hereby requests the Industrial Accident Commission to demeritone and flow ma le che wy of unemployment unemployment 760.00 4... ie " which represents the smount of compensacion disability bene ca puud va dam fer a period of alubility beginning . 5-27-52 vara weenie Additional paymnena may be made which will ma 1160.00 excred s against any umount now due or which may herasitor become ~fimyab^tas coopers Lo weeeeese James .... Riley necmmensernns _ .on scrunt al vajury mustained by hum .5 20 57 .5 .5 20 257 .5 20057 57 unemployment Thu request and claim of lien is for the amount of unges or pursuant to the Unemployment Insurance Act in those cases chwemihperesacriune chpemiepernsacdiuin ndgiasdaihveasyblineiirnzetadtyeas this code there was uncertainty whether such benents were payable under under that act or payable 5 The undersigned declares that he delivercu or mailed to each of the above parties lat # a copy of this document to serve is notice to rach of them of his claim of liens as aforesaid LIEN EMPLOYEE'S CONSENT TO ALLOWANCE OF { comvent to the requested allowance of e nen agamit my jumpensati jumpensati C5-149 6+ $ v James c B| EFORE THE INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA CALIFORNIA | CLSE NO 57 L.1.182-835 L.1.182-835 i 1 JAMES WHITCOMB RILEY ; Applicant , va INCORPORATED MAGNESIA MANVILLE INCORPORATED poration SOUTHERN & cor- & a corporation ASBESTOS COMPANY OF CALIFORNIA PLANT RUBBER ASBESTOS COMPANY LOS ANGELES RUBBER COMPANY MINUTESOF HEARINHEAGRING } ORDER JOINING PARTI DEMIDANT DEMIDANT corporation MARINE ENGINEERING COMPANY & ) FIBERGLASS ENGINEERING & SUPPLY COMPANY a corporation corporation ROBERT O. LINCR an individual doing business as Lynch Asbestos Company and Lynch Asbestos 1 Company & corporation PLANT INSULATION INSULATION COMPANY &@ corporation COAST INSULATION PRODUCTS a corporation ARMSTRONG INC ARMSTRONG J. COMPANY & corporation TRAVELRS INSURANCE a THE TRAVELERS INSURANCE corporation ASOCIATED INDEM- AANGCELCESIDENT COMMISSIOR COMPANY INSURANCEPAGIFIC COMPANY a corporation NITY CORPORATIONCORPORATION PIREMAN MONSTRIAL INDEMNITY COMPANY MONSTRIALKAPLA COMPANY PUND INDEMNITE INDEMNITE WILLIAM corporation KAPLA AETNA CASUALTY & corpor ation INDUSTRIAL WILLIAM INDUSTRIAL INDEMNITY poration ASSOCIATED a corporation egsperatio PIREMAN a SURETY COMPANY & COMPANY i COMPANT COMPANT INDEMNITY A cor COT- LOS MONSTMROINASLTRIAL FILED wt, LIABILITY poration MUTUAL INSUR- EMPLOYERS COMPANY ANCE COMPANY OF WISCONSIN a corporation GUARANTEE INSURANCE COMPANY a corporation ) INSURANCE INSURANCE COMPANT INSURANCE COMPANT a corporation AMERICAN MOTORISTS INSURANCE COMPANY a porcaotripoonration PACIFIC EMPLOYERS ve COMPA^ T ZURICH INSURANCE EMPLOYERS INSURANCE COMPANY & cor- ) fee INSURANCE + " VD aaeny Defendants " on ez cane on te uiakey dug dug sae dug on the August 30th Ind 1957 at 1:45 P.M. at the office of the Ind day of Commission 501 State Building Los Angeles Calf GEORGE A. MARTINELLI Referee PRESENT omd e ia MOLI Mina of Hrg no tas | ww 2 i H 4.0,2wing, representative Assoc Indes Corp. Corp. A.0.Ewing & representative P.George P.George P.George Herlihy attorneys Phoenix Phoenix Herlihy and Fireman's Inde Co. and and Argonaus Argonaus Co. Co, Indem.Co Pac. Pac.Indes Co. P.B.Carignan Pac.Indes .McInerny representative Hamilton Astna Cas & Surety Co. Co, Antis attorney for Indus.Indem Indus.Indem 0, Spray Gould & Bowes Charles Charles P.Gould P.Gould attorneys far Employers Mut of Wis and Guarantee Co. SO. representative for NO Amer.Motorista Amer.Motorista Ias . Ce, APPEARANCE BY OR ON BEHALF ZURICH ZURICH 00 . Harriet S.Henrich Reporter GOOD CAUSE APPEARING THEREFOR THEREFOR rad IT IS ORDERED THAT the title of the defendants be rad follows Sauthern Sauthern Manville & Incorporated ^ sbestos^sbestos California California Magnesia a corporation Asbestos Company of Plant Rubber Rubber Marine Asbestos Company Los Angeles Engineering : Engineering Supply Engineering Engineering Company a corporation Fiberglass Company , individual business business corporation Robert O.Lynch ap 2 2729 52 8 Lynah Asbestos Asbestos Company corporation corporation Company and Lynch Coast Plant Imulation Imulation Producta Producta Plant Imulation Company , Company corporations corporations 2 corporation Armstrong Cork MPENSATHE MPENSATHE e Insurance Company MPENSATHE acorporation The Travelers MPENSATHE M, Iac,, Insurance corporation corporation Pacific Pacific Infinity Infinity ciated 20 Indemnity Corporation Fund Indemnity Indemnity Company e n Corporation . acorporation Pireman's Fund corporation Industric aisy Industric Industric an eT Casualty Industric Casualty Surety Company e Industric yee lan Par Indemnity Company corporati 3 ne, a acorporation Phoenix Lats Insurame Company Wisconsin Wisconsin corporation Coot Mutual Liability Insurame oe Company corporation corporation Argonaut Argonaut Insurance Rtas. Guarantee Insurance American Motoriata Motoriata Insurance Company 9 corporation Insurance corperation corperation cP, Ee Pacific Employers Insurance Insurance Company Zurich Insurance Company; Pacitia Late \ Eaployera Insurance Gompeny, a cor. poration , -2- SEE ae IT IS FURTHER ORDERED THAT a corporation be and it hereby these proceedings Pacific Employers Insurans Company is joined as a party defendant to a THE FOLLOWING PACTS ARE ADMITTED tot 1. James Whitcomb Riley was born October 23 1899 20 No medical treatment has been furnished 3. No compensation has been paid ISSUES i 1 Employment 2 Occupation 3 Injury arising out of and accurring in the course of the employment b Date of injury F 5 Liability for procured medical treatment if any 1 6 Earnings 7. Nature extent and duration of disabily L Need for further medical treatment 9 Apportionment 10 11 Reimbursement to applicant under Labor Code Section 1600 for the report of Dr. John K.Shirey to be filed Statute of Limitations | 12. Prejudice for lack of notice j THE FOLLOWING ADDITIONAL PACTS ANE ADMITTED 1 ; carrier From January 1 1950 through December 31 for Robert O.Lynch an individual doig ESE Asbestos Company and Lynch Asbestos Company Industrial Indemnity Company a corporation 2. The insurance carrier for Plant poration for the period January 1 1952 Insul epi through Y was Fireman's Fund Indemnity Company a corporation | , a3 - ; Ee insurance ~ ; > of 1/2/38 of The dneurance 3. insurance carrier Plant May Insulation Company cor- core insurance carrier City 1954 to poratin June 8 1956 was was poration Insurance the Liability Company Wisconsin Wisconsin Employers Insulation Mutual Liability Liability limited Plant Insulation corpor- corpor- Company the the ation coverage coverage Pacific Pacific & Electric fMorro Electric Luis Obispo Obispo apa, | California California insurance carrier Coast Coast Insulation Products for the period October | poration 1953 1953 May 1 1955 was t] poration Company a corperation corperation Insurance Travelers Insurance Company corporation 6. corporation The Applicant was employed as an insulator J.P.Thorpe J.P.Thorpe 1957 j* corporation for the period September , 1956 May The. 7. During that period of time the insumes insumes carrier was American employer's . carrier Motorists Insuance Company a 8. No arrangements ation, attorney's fees paid no arrangements sg, DISPOSITION DISPOSITION Matter will be held permit the applicant to opan for a names additional additional additional te | provide us with the ployers ployers whereupon the matter sme | carriers they wish to join Laterans Laterans Hospital 21 re^for hearing on notice at Long Beach for lel TWO Feterans TWO HALP MORNING Howpital, for en HEARINGS eed eo 2 Ode beh. ered 2 2 a a ad a oo Cal HERLIHY & HERLINY HERLIHY & HERLIHY HERLIHY HERLIHY ATTORNEYS AT ORNEYS AY LAW oe: ore , 160 AY LAW sreee? + ROM HEET E ? Cacie 14 ANGEL881 CALM 14 April 1961 196) AER ARR Ee OE ge RNs samen o Few || a REFEREE 38 Oe Industrial Acaident Commission Industrial Industrial Accident 107 South Broadway California Dear Sirs: Ret LA 182-835 182-835 James Whitcomb Lynch Lynch Asbestos et Whalitaclomb Riley We enclose the following documentar ( ) In accordance In Procedure with the Commission's Rules of Practica " " As Defendant's exhibit next order order R. G. Richards M.D. R. G. Richards M.D. Eaton M. MacKay M.D. Eaton M. MacKay M.D. Eaton M. Mackay M.D. Certificate of Death 1-24 61 1-24 61 1-21-61 2-24-60 3-11-61 ODT ODT encis Yours 1 HEREINY HERLERY & HEREINY my Thompson George By George Thompson Thompson 201 Hays Mclaughlin Law Attorneys Hollywood Hollywood George D. Evans 6331 Hollywood divd. Lia, 29 Thompson EOI oeoyaetcs CHEER WERER-Ar tq En tenes , . Eaton M. MacKay M. Santa Ana Clinic ace west clam e1O ERY SANTA ANA CALIPORN CALIPORN CALIPORN H 24680 OE + . March 11 1961 Industrial Industrial Indemnity Company Bax 2252 Terminal Annex Los Angeles 54 Calif Gentlemen Re Claim No. 57-03-11487 | ; ClaimaW.aRis leyi7 Stop Lynch Asbestos Co Date of Inj April 7 1947 Attn D. W Brown Claims Department In my report of February 24 inadvertently dated 1960 and which of course should have been 1961 I aeglected to answer the question posed in your latter of February 15 1961 concerning the above mentioned case You wished me to give an approximate date that Mr. Riley's disability became permanent It was my opinion that his matus should have been changed from temporary total disability to permanent total disability on about August 15 1960. It was at this time that he started to have rather severe r^- dicular pain He went at dition became evident I that time first saw to see Dr. J. K. Shirey when the change in his conhim on September 16 1960 and his status then was certainly PTD Very truly yours Exton Exton Mackay KaKyay Eaton M. MacKMa.y Kay EMM dani ad tee ceaeanial a a = oe Vent tae . Ce oh eent HEGAR HEGAR URE OF dE ee eC ee Y Eaton M. MacKay M. SANTA ANA ~ LINIE 0 wk IGTH GREET SANTA ANA ~ ALIFORNIA ~ ALIFORNIA Kisermes diag > ~ February 24 1960 aan Industrial Industrial Indemnity Company Box 2252 Termunal Annex Los Angeles 54 Callf Gentlemen Attn D. W. Brown Claims Department Re Claim No. 57-03-11487 Claimant James W. Riley Emp Lynch Asbestos Co Data of Inj April 7 1947 In my last report concerning the above mentioned patient I indicated that he had been hospitalized in the Palm Harbor General Hospital Garden Grove Calif on December 27 1960. He was hospitalized because it was no longer possible to keep him reason- ably free from the intense radicular pain at home This nerve root pain was caused from vertebra collapse His course in the hospital was rapidly dewahill although I proved possible to keep him fairly comfortable He expired on January 24 1961 at 7:25 AM The immediate cause of death was failure pulmonary insufficiency or respiratory CODE 350-3971 350-8140 360-1231 360-438.6 360-438.6 370-1X4 362-600.6 362-60.6 360-100.2 360-10.2 435-535.6 361-9X1 640-951 651-951 651-951 221-403 2231-403 FINAL DIAGNOSIS DISEASE Asbestosis right Epidermoid carcinoma Undifferentiated Undifferentiated squamous cell right bronchus Chromogenic acid fast infection Minimal active te lung Secondary Complications Fibrosia pulmonary due to foreign body asbestos and Adhesions of pleura due to infection pleural fibrosis Emphysema severe compensatory Multiple abscesses of lung Right heart bypertrophy and dilatation Adrenal cortex atrophy Active and healed peptic Active and healed peptic Fracture compression Fracture compression ulcerations of the st^mach COMPENSA ulceration of duodenum duodenum of body of T and da of body of L carcinoma oapeNE SOUT ea a ee ete hal a ct ar ee EATON M. MACKAY M. D. | ] -2- ~@ a Re James W, Riley R. G. Richards M. D. the Pathologist of the Palm Harbor Hospital performed s post mortem examination on Mr. Riley and a copy of his report is enclosed I would appreciate it very much if you could have copy of the post mortem examination report made and send to Dr. J. K. Shirey who is interested along with Dr. Brewer in . this case Also if it is not too much trouble perhape you would be willing to send Dr. Shirey copies of the earlier in this c110 reports I have made to you He has a keen medical interest : . A copy of the Certificate of Death is also enclosed This was made before the microscopic microscopic report of the autopsy material had corne in but would not have changed my general coa- clusion ow. ae If there is any more information I may be able to give you will try to do sQ Sincerely Yours . 5 Eaton M. MacKay M. EMM mm vane waie fe re of oe ATH at a emt ag CERTIFICATE wast . me . ate qu Ei ashasond oa OE a 10ni oes CERTIFCAE RSLS. \* JameTsitman same wha paomc fen oon want wt \ DEATH CERTIFICATE pe CERTIFICATE CERTIFICATE OF ' % peer ie meet . 1 06K haat |o Oats23, rr) Tid) @ ALwml Lounte? 4 CONOR Ja [ve Joplin Whiteomb 1011686 1011686 Whiteomb roy) poate 1011686 24 James 1984 Whiteomb Rilay a ? 24 1984 c Stat 51 1 ele 11 11 4 femn } fake and Cod TPL Mala wating wan P ee aa Mala ny 4 \ MAL a USUAL ao WOENCE LOENCE AST we oecinesfi 196191 61 Ry ch 230 10QRESS 10QRESS 1309 Emphysema pecs Asbestosis qare wal wot reer | | : | ; ep WILLIAM T. HAYS ATTORNEY AT LAW Aad) MDe LEWOON BOULEVENG BOULEVENG LOB 6488 PO CALIFORNI CALIFORNI MOvewaee . . s ( # ene ide aioe HMS _ AJ EXHIBIT FILEDEXHIBIT EXHIBIT HMS USTRIAL USTRIAL USTRIAL AUG . USTRIAL USTRIAL CACA July REFEREE REFEREE REFEREE REFEREE 15 REFEREE RECEIVED ACCIDENT ANGELES 3 ACCIDENT ACCIDENT 27 ANGELES 27 ANGELES Industrial Accident Commission 501 State Building Los Angeles 12 California Re James Whitcomb Riley vs. It Multiple Defendanta Dear Sira Enclosed please find an original and fourteen fourteen copies of application for hearing in the above entitled matter matter Kindly consolidate it for hearing hearing with Industrial Accident Commala ion number 57 LA 182-835 182-835 - Very truly yours WILLIAM T. HAYS Attorney at Law JFM wd enc KL fon / Jonn F. McLaughlin _ tet ANT .5 BEFORE THE INDUSTRIAL ACCIDENT : COMMISSION OF THE STATE OF CALIFORNIA 1 SU \-e a Notice and Request for Allowance of Liet7 JUL 19 4 eee Company Founders Insurance Company San Francison Company 465 California Screet Francisco 4 CLAIM No. LA 182-835 182-835 AA PILED EXHIBIT PE Los Angeles Offe+r Los Angeles Offer 123 Wear ^chStrong FOUNDERS INSURANCE COMPANY MEN GLADMAST a James W. Bilge ut.series ; 4 LANPLOTEL 1 ay j NOTE I ODGING BUSTY HUDLE Dea] 447 W. 42nd Los Angeles Calif Calif American Motorista Inc. | Ca INGI KAMMER Wilshire Blvd. Los Angeles Calif hereby The underugned requests the Industrial Accident Commission to determine and silow is a lien the nam of 160.00 which represents the amount of - unemployment compensation benicars disability paid to dere for aw period of disability beginning 5-27-57 5-27-57 5-27-57 MATT renownA. dditional payments may be made which will ee mat Names W igainal sny umount now due or which mw may bereafter became payable as comprenantian na fg Riley Newtr IMPLATES emer son account of injury mustained by him on 5-20-57 This request and claim of lien is for the B under or amount of unemployment unemployment disability pued imate utsuantto the Unemployment Unemployment insurance Act compensation disability bemeks which have been this code there was ey; uncertainty whether those cases where pending 1 determination under with benents were payable under that Diyawas 4 af act or payable hereunder the parties whem 9-17-57 The undersigned declares that he delivered or mailed and below to each of 9-17-57 a copy of this document to an 9-17-57 py serve as a notice to each of them of F his claim of lien as aforesaid Sowet y FOUNUCKS INSURANCE COMPANY John Mo cLaBuagyhsliannd aMtetlaourghnleiyn law 6331 Hollywood Blvd. COMPENS red sopderrygce r reagg I consent to the EMPLOYEE'S CONSENT TO ALLOWANCE OF LIEN remmested alonance of a bien against against my zum Sykluczon Sykluczon 149 oe ERP rr geen Jamie -- -- -- -- Jamie ~ STaTeMENT 1 | RECEIVED STATEMENT STATEMENT STATEMENT i mo BRE - III M. 1 RECEIVED IVED RECEIVED ACCIDENT ACCIDENT M. D. EDWARD XING WINING BOULEVARD BOULEVARD ANGE.20 7 APR 21 AM 48 8 48 Industrial deg ident Commission saion Industrial Accident Industrial Building Building Califorata mate | . NO. EFEREE faa PROP T EBON. : Seaview RE: James Whitcomb : James James Whitcomb RENDERED Riley ProPISSIONAL PAYMENTS PAYMENTS ' SALANGA : | BALANGE 4 FORWARD Bap { Pee tor H 1 proposed surgery on above patient : surgery t !' Removal cystic lesion right upper ; Sad lung biopay SERVED 4-23-59 nnj SERVED Mclaughlin nj Hays Mclaughlin Bowers Spray Gould Herlihy Herlihy and Penny Clopton Bibchak The Travelers J. Carignan American Motorista P labe | | | j ! | 750.00 ; | ' MAM IAT cae a INFO <eaune mee aT me mn INFO INFO ave, PALLO QuNT CHANGETA TE Ot THE OGNTH IN IN THE POST POST POST POST TILL area QuNT CABETES CABETES CHRECEIPT CHRECEIPT . area oven, ora tenent, OS CACeiT wi et nary wet mp  Y HEAL * ofoceq MERLINY KASTOL KASTOL AT CU aesaeo wane JONAL - ARAMATA G. RICHARD MALLERY KENNIN T. JOS GEORGE & TROMPON TROMPON JGR .RKER .RKER HERLIHY & HIERLIHY ATTORNEY AT LAW MUITO BIE N^ N^ ^ ^LEMF yy 24 418 WEST wore GLEY LOS ANGELES 14. CALIFORNIA CALIFORNIA TELEFON TELEFON TELEFON eee 4011 > March 20 1959 19 GOUT ^lenMr. Mr. sm em BEACH ' : GL IPORNA RJCREE ' PUES Kam 1980 RJCREE RJCREE Industrial Accident Commission 501 State Building Los Angeles 12 California Attention Referee Martinelli Re Dear Sirs James Whitcomb Riley vs Plant Insulation and Thorpe Insulation Company 57. LA 182 835 At this time we again missal of the Pacific write and Indemnity request Company a formal Order of from this matter Dis- Once again we wish to point out that at the January 2 and January 3 1958 hearings held on the defendant Insurance Company admitted Pacific Employers during the period of time coverage in for the employer in question to stipulation by all question and thereafter pursuant parties including the attorney for the applicant Your Honor formally formally dismissed this insurance company By letter of October 24 1958 applicant's objected to the dismissal on the counsel Mr. McLaughlin grounds that the Pacific Indemnity Company was listed for the Plant Insulation Insulation and Company for certain Thorpe Insulation periods of time We enclose a letter from the California which sets forth precisely that Pacific Inspection Rating Bureau Indemnity Company did not have coverage for the aforementioned question and employers at the time in did have the further alleges coverage This that Pacific Employers Employers not only should Insurance Co. but concurs with the clarify this problem Insurance coverage admitted by Pacific Pacific Employers Company at the hearings held in January January 18 1958 Therefore we once again request a formal Order of compliance with the oral Order for Dismissal in Dismissal issued on January 2,1958 Yours very truly KTJ J6 Enal CC HERLIHY & HERLIHY None None None Hays & MoLaughlin Esq 5331 Hollywood Blvd. Pacific Indemnity Company 3450 Wilahire Los Angeles 22 Los Angeles e ea Le ON vee WEE ome Unt ' Donte . - * me . . CALIFORNIA CALIFORNIA INSPECTION INSPECTION RATING ; 700 SANNUME STREET SAN FRANCISCO 11 CALIFORNIA R. O'HNIEN P. L. DAYNY LEDGE ASAD4 4 400DO ?! J. M. NOYAJIAN NOYAJIAN AOPeae Desember 12 2007 BUREAU NECA BUREAU NECA NEC ! Oo a thie : FURS 22ER tes KD vent sevaomes 7.1 7.1 Read oma DN 15 05 36 Pacific grand Company 2 ...044- laldorncs RE PTL 14 PEC 16051 . CLAI : JUNIS REPCIE RELY : a I : - Company In reply to your letter of November ere seekday the verifiantion of 25 1957 in which you Couth coverage for the Plant Insulation ut 2741 Couth jazz Avenue Lac Majties Majties 8 past past sa June 3 1771 and sre June Majties period fra L { ... 3 1931 to January 1 1952 wo are submitting rick was Our records snow that prior to the Mest Insulation Company and June 1 of that 1957 date the name of th15 changed the name Our Our listed been records records to to ata 2240 lalla kod sacs Tian tayae aT) Pcific PciCfoimcpanIyndemnity IIiicuclautilonatiIoicunlation Iiculation Pcific Company Indemnity Indemnity Indemnity or ththee Company Company Company policy policy Map Map InIsulnsiosn ulInssulsiion on sulamitting you the cover T sulamitting sulamitting sulamitting of fish th cover le - th Couch Couch Mxas Mxas Mxas , Capay Capay Capay for for the period period of ewe Sony. Manept eriod aostler ft lL, lgen. galed galed : wr , the Plant Incultion derway of 271 Cie d doo wnw down n bbyy the the o Pa aT cifss Sony wees to to June June 30 30 110501 51 amt at S ete amploveres Logurcnes 8 Jun ores Jun 30 30 jane ati sing the bove on will be of sistance to were PWR ERO MO aa aS ear BOR Pe RRR . March 9 1959 Mays and Nelaughlin 6331 Hollywood Blvd Los Angeles 23 exir Herlihy and Herlihy 412 v 6th Street Los Angeles 14 Calif Spray Gould and Bowers 1671 Milanire Elvd Los Angeles 17 Calif Clopton and Penny 639 South Spring Street Los Angeles 14 Calif Joseph Bilobak The Trawlers Ins Co. 510 W. 6th St. Los Angeles 13 Galic Pred Carignan American Motorists Ins Co. 3545 Wilshire Los Angeles Calif Gentlament RE JAKES WHITCOME RILEY vs. JOHNS KANVILLE et al LA 182-035 The atached supplemental received by Dr. Lyman A. for your information medical Erwwer report dated March 3 1959 has been Independent Redical Examinar and Us Yours very truly GARINN GARINN Ene GKORAK A. MARTINELLI MARTINELLI Referee oer we Sar we re ee ean. ot FRANK 8. 80LLY H.A. LYMAN LYMAN A BREWER JH QU BOwane Sieg --"-- * % OGE George A. Martinelli Referee State of California - Industrial State Building Los Angeles 12 California . 7 Accident , ; HAR AM 9 21 BO BOWLW deL es G Ponta VAKO APHIELAPHISELS OF. Cap eune .89 March .89 c. aE ee os EFEREE EFEREE 3 1959 Commiasion CC Paul Beddoe M. D. Gentlemen Re James Whitcomb Riley No 57 LA 182 - 835 Conference 2/28/59 lung Since our previous reports some months Planograms were made ago we have further studied Mr. Riley as an outpatient at the Hospital of the Good Samaritan of both apices The right upper lobe of the lung has shrunken and contains many cystic changes compatible with contracted and It is destroyed is a potential cysuc cavitation of this lobe source of nemorrhage infection and spread of disease In our previous communication to be well healed as it does not we had considered this part of the lung appear sinister on the plain ray of the chest However the body section type of film alluded to above slices as it were actually makes ray of the parts of the lung and reveals much more of course than the plain film can ever possibly snow With this new ation is changed on the above information our recommand- patient We believe it would be unwise and medicine to attempt a lung biopsy of the right lung for asbestosis poor of this lesion Therefore in answer to in the presence your question # February 6th is the proposed surgery for removal of cystic condition of the upper lobe of the necessary before the lung biopsy can be performed Our answer is that it is necessary as a concomitant procedure To perform a lung biopsy and leave this in is only to invite trouble as a postoperative complication However it can be done as a simultaneous procedure with the lung blopsy We would not suggest the removal of this diseased portion of the lung to be followed by a second biopsy which would certainly double the operation for lung risk because of two operative procedures applicant's In answer to question # This cystic condition is certainly related to the claime, Industrial injury for exposure to the dust claimed by the applicant should predispose to the infection with the photochromogenic acid fast pulmonary disease Actually we have learned from Doctor Shary who has been treating this patient for the above infection that he has had only one negative sputum in the he has planted some cultures and past year and guinea pigs last month These studies will not be ready until next month and we do not believe any plan for lung blopsy or concomitant upper lobe resection be made until the results of this new test are available If the cyst removal should be performed at the time of the which we believe is the correct biopsy thing to do it would add to the cost of the lung biopsy just how much more would depend upon the additional time involved In the long run however this would result in a saving for all concerned the szuation as we see it This presents now adequataly learn the results of the new tests now in We shall report to of you further whan we process compit LAB CVER FOR ea SERVICES oe ou ee e met, ENT 3 ,oeten 4 paaer Amante h * 20410 CABALI Down MALCOLM MALCOLM aC 440 PHA 4 tameetay meey ATU TD 40k AGGERT P OOGENY - SPRAY GOULD & BOWZWEB || AM 08 ATTORNEYAT CAN February 10 ce OS LED HUBAO 3-8400 187 WILMIME WILMIME BOULEVARD BOULEVARD LOS ANGELES IT CALI REFEREE _EXHIBCASIE CATSE NO ; QUA FILE NO 0-1470 en Re James Whitcomb Riley vs. vs. Johns Johns IAC Claim No. 57 LA 182-835 Manville et al The Defendant Quarantes Insurance treatment by an Independent MedicalCoEmxpaamniynecrannasot reaquutehsotreizde letter of February 3 1959 Very truly yours BOWERS SPRAY GOULD & Brelles Mua J. 10. Brelles J. J. J. It Maurice W. Bralley Jr. MB 20 Herlihy & Herlihy Penny Spring L. A. 19 Calif Bilchak Bilchak Bilchak Bilchak 6th St. ravelers * L. L. L. ravelers A. 13 Ins Co. CallS Spring Street Ll. A. 1+ Calif rs 3. American Cunigen Cunigen American American Matore Ins Co. " oe 3. Cunigen Cunigen American 5 Milenire Blv . A. Cali~ Rec dente may and Hollywoo Hollywoo 3.7 Vise Hollywoo 3.7 4, A. 06 06 111 122 tt a eee soma ac as wi, t February J. 1959 Marlihy and Serlihy AtCOSTINYS 412 V. Ola Street Lou Angelas 14 Calif Clapton & Punny AttoTNEY I 639 South Spring Street Los Angeles 14 Calif Spray Gould and Dowers Attorneys 1671 Milanire Blvd Los Angelas 17 Calif Joseph Bilsbak The Travelers Insurance Co 510 W. 6th Street Los Angeles 13 Calif MaCartney Hell and Hyan AttorTISYI 639 South Spring Street Los Angeles 14 Calif 7. 1. Carignan American Motorists Ins Co. 3545 Wilanire Blvd Los Angeles Calif aman RE JANIES VAITGONS RILEY 18 JOMKS KANVILLE et al L.A. 182-375 of Our Medical Bureau is in receipt of a telephonia comunisation from Dr. Brewer independent Medical Examiner adsvising that upon exAM~ NG tion of the applicant preparatory to the taking a lung blopay 4 cystic condition of the upper lose of the lung was discovered Treatment for this condition as the time of the surgery has been DERER by ir Arewer Since in the doctor's opinion this is a mundutary procedure una dostor remuesta authorization for such surgery will you please advise us if you are willing to defray the expense thereof Tours very truly GAMIN GAMIN oci Hays and MoLaughlin Gisd _ywood blvd LA 20 GEORGE A MARTINELLI Xeferee e eg cae The Travelers Travelers _bre The Travelers Travelers Travelers 5 OO BAIN ARTMANT Fates Q. shoCu iagsa hout gat The Tanda Tanda Tandy Emapany | Emapany : oa mae Samet Le GES , B 8545076 Armstrong Cork Company Re James Whitcomb Riley 57 LA 182 835 B 8548211 Johns Manvile Rot Jammu Whitcomb 57 LA 182-835 Riley Industrial Accident Comai saioa 501 State Building Los Angeles 12 California ATTN George A. Martinelli Referee Gentlemen We are agreeing to the authorization for lung biopsy as indicated in 1stter of December 2 1958 from Herlihy and Herlihy Very truly yours SILCHAK JB kb Hearing Representative 001 Clopton & Penny Attorneys at Law 639 S. Spring St. Los Angeles 14 Calif Spray Gould and Bowers Attorneys at Law 1671 Wilshire Blvd. Los Angeles Calif Hays & Melaughlin Attorneys at Law 0331 Hollywood Blvd. Los Angeles 28 P. I. Carignan American Motorista Ins Co 3545 Wilsnar Blvd. Los Angeles Californ HOME " " "100 "M AI"N 574017 MARTFORD 11. CONNECTICUT ee e LS Soames rer ee e Industrial Accident Commission - 10/17/58 10/17/58 Employer Period Ended One Paew* Marine Engineering & Supply Co. 3/31/49 5/30/49 5/30/49 9/30/49 2,334.00 406.61 rw J. T. Thorpe Inc. 3/31/49 36.00 948 E. 2nd St. Los Angeles 12 Calif A Marine Engineering & Supply Co. 3/31/50 9/30/50 610.00 168.00 oR 12/32/50 2,005.00 ks Meindt Cork Corp. 3/31/50 380.00 tah 7101 Tonnelle Ave. 6/30/50 293.75 Lh No. Bergen J. J. ii, a Metal Clad Insulation Co. 1759 Western Ave. 6/30/50 9/30/50 1,079.50 100.00 Torrance Calif Plant Insulation Co. Inc. 9/30/50 12/31/50 503.00 42.00 J. T. Thorpe & Son 1351 Ocean Ave. Emenyville Calif Inc. 12/31/50 217.50 Marine Engineering & Supply Co. 3/5/3310//5511 $ 1,260.00 954.00 Oil Field Constra of Bakersfield Chas E. Manely M. Prank Vessels 2550 Cherry Ave Long Beach 6 Calir E. J. Bartells Co. 12 12 26th ave So. Seattle 4 Waob Face 6/30/51 9/30/51 9/30/51 3 767.25 767.25 1,694.38 1,694.38 3 478.65 Armstrong Cork Co. Liberty & Charlotte Lancaster Pa St 12/31/51 nee poe. Ate wamte n Babe a Linh npawd ve Industrial Accident Commission - 10/17/58 Duployer Period Ended Plant Insulation Co. Inc. 12/31/51. Frank E. Scott & Jas G. Roberts Roberts Roof & Floor Co. 927 So. Main St. Las Vegas Nevada 3/31/52 Abount 4 = 121.00 oe $ 319.00 Isotbein Co. Rovell Smith 3. I. Greene & G. 2 Powe 2100 Union Avenue Bakersfield Calif 3/31/52 6/30/52 $ 1,078.00 259.60 ated Jam & Olmeh Co. 6/30/52 $ 1,582.62 Dendi en, 320 N. Banding Ave. 9/30/52 1,542.81 1,542.81 = Chicago 24 ILiinnis 12/32/52 459.00 Philip Carey Wg Co. Lockland Cincimi 15 Ohio 9/30/52 $ 141.98 . . Plant Insulation Co. Inc. 9/30/52 $ 162.40 Meindt Cork Corp. Clark 9. Reece Reece Insulation Co. 6025 District Blvd. Los Angeles 22 Calif 12/31/52 12/31/52 230.55 3 = 406.00 406.00 Wm W. Steigervaid Asbestos Products O. Box 968 San Diego Calif Co. 12/32/52 $ 545.20 Percy C. Focer Ran 0 Colavell Paul I. Neff United Refractory Count Co. 3/31/53 $ 1,181.75 1201 Bankville Road f Aten. Pittsburgh lo Pa RT MR BN 1 er ewe : , ome 4, ^' yy STATE OF CALIFORNIA INDUSTRIAL ACCIDENT COMMISSION $00 MISE STREET San Franci & 413 MLM 8UILDING FR 41 Rece 10. 131Just Just SadhanaKTS STATE BUILL as Avma ^d 18 Bez ^ 14108 1. Oeeee Mire. La GA & 1881 4TH AVEuch dan Dumph 1 JAMES WHITSOMB RILEY RILEY vs 7. T. LEORPE INC AMERICAN AMERICAN MCTORISTS INSURANCE CC CLAIM N5 O 6 182-835 | Applicant Defendants NOTICE OF HEARING OF APPLICATION For ADJUSTMENT INDUSTRIAL OF CLAIM INDUSTRIAL ACTIF SALA 28.58 BATE sti cee flfl flfl WILLIAM WILLIAM WILLIAM KAPLAN KAPLAN You are bereby notified that an application to adjust a claims for bam find with the Industral Accident Commisaca of the State of compensationcompensation California a copy of which in retaschenri borunn kan has been art for bearing as You are further notified that sand applicaties 501 STATE BUILDING 217 W. FIRST STREET AUGUST LOS ANGELES 30 1957 CALIFORNIA 1:45 P.M. day the manner her and and that at said time and place che fadusenal Accident Commission of the Scam of dispose of the said application in California will preceed as prescribed by law Noral The pas set prestal la mamical mamical reporta perails perrails san m^or summer sil jama un controvers fue dotiamom at the houring therafera s^ massivipren^>zvest in struisali snad rusty for vatmanes et the berg aneszary eee, eet, do Dated LOS ANGELES CALIFORNIA 6-1-57 INDUSTRIAL ACCIDENT COMMEGION By WILLIAM KAPLAN a aed and addressed in the sand partiam in char last koerara The undersigned certifies that as an employe of the Industrial Accident Commission dan mered parties hereinafter mentioned at the time ^topposite their respective names by deponting a copy o thf ie copy of the app^...cationtherein mentioned in sexied envelope in the United States maid on mid day with the postage therma fully fully prepsia planej as i TIC fotoon eae ago COMMISSION OFFICIN NORTHERN NORTHERN CALIFORNIA CALIFORNIA ESCIT JAG~ANENTEGUT71 348 MISI^ N*** BAR FRANS *** A BAG--flAMENTOCOUNTY Aeae 100 431 283 283 lachauentu ONLY A SOUTHERN CALIFORNIA SCARY aan BIO COUNTYI VILDING 1925 fou^ TACOUNTY ONT Ban Dito 1 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL SELATIONS INDUSTRIAL INDUSTRIAL ACCIDENT COMMISSION APPLICATION FOR HEARING CCaa NZLA 182835 - DO NOT WFTHE WFTHE 196 THIS SPACE \ \ . \ , JAN JAN JAN 25 25 t aan 5 we . me me wo : STERED IN DOGRE th ey. ) - mployer's James Whitcomb Riley cal Security No- ame oi Employer JT THORPE INC 57 ts ~ +7 : ety fr 57 . 57 \ \ Employer's 447 West 42nd Street SDAA Street Street Los Employer's Addres Angeles een 37 California 929 E. 2nd 1 coe ESOGL^ x \w - MT578 NNameame of of Lasurance American Motorista insurance Co. Los Angeles California Lasursace TEXT TEXT = Carner's Address Wilshire Blvd. STRARY LOG SAGGIU Los Angeles California GIFT Ll PRSTE 17491 mployer's lemes Whitcomb Riley Date of your injury Sept. 1956 to 5/19/57 lace where njury occurred Los Los Angelca California Time Time tail Employer'~-date of birth 10/23/1899 10/23/1899 Empinque's occa LOGS st time of occa LOGS zsbestos workar you this injuryt When did you leave work is renuit 5/19/57 How did injury accur exposure to asbestos dust What part or parti i your body were injurea lunge Then did you return to work returned Fullor wo timr e wk ork and at what w 'ge four wages or ualary before deductions Max Max per hour or 1 F paid on hourly rate how many hours did you wors per v^ki par eum oe por me ch Did you receive any of the failowing Boara Yes No Lodging Ya C N C Tip OO O Cole edvnsupe? Ta 7 Ne State thar wazzly value 1 . Have you been paid any compensation Yu No 2. How much 1 Date when last payment was made tere, Ad Vodhiy rate of paymenZI Flas the emplover or the insurance carner Date when last treatment was given furnubed you with any medical treatment 19 Ya No G Last names of sil doctors who have treated you and who were furnuberi by the emplayer se ianurasOF CLITAT to Have you obtained any medical treatment at your own expeam List names of all doctors who have treated you at your own expnse Ya Ya C - Are 2 c you cimmung say at the following Temporary disability Further medical treatment payment benedical Answer ves Yes Ym No e Lac other benenti clumed and not mentioned 10096 b Permanent disability payroES : d Cost of your medical expen ae Have you ever before filed a claim wich tha Communal Ye No William T. Have , DURNAL UTATIVE DU ATTEGNET FONDAGE FONDAGE 6331 Hollywood Blvd. Los Angeles 29 Califomia 7 ed 1000 Date Hollywood 7-7179 - a 79667060E CURGEN NOTIZARING U 'mthis commit cap OD un m^ Hegromt O16 ws waren UV LIGNE BOT IN SLOW DE VALTRA , Ti acuminat IM IM IN ALE te amr mee Heute de hm -Deevnmhs acuminat acuminat og prmpeere mide 8 ene rer mond 21 he carrie santsant Ecopliz4UNG Ecopliz4UNG Ecopliz4UNG WE 10 per Olt DATE OF STIC ERFICE ERFICE ON un eo Eel lect V8 Lee eros od DO DO nome be as the Cat ml hee. { . ~ Cree ( g Commuaree A T ty ematay 9 me of (he ieeewon. ema sa (erm Fe the menor, doll doll to th Oy ' emuy Wm em 1 SE YYi Fal ... 102 ... ca...per i...emmet cln... eti4ce ted we 7-2-57 7-2-57 American Motorists Ins Co. 2069 Wilshire L. A. ... J. Sdatrres S8A7718 o tan PRaMEI beg REFRACTORIES Micey Oe Lane 4 SOOeame ACTERS ACTERS AD ACTER ST PS EGE COU...TH tage 4 10 COUTH coute 4. 4. Weieingeue 1486 bean April 20, 196] Accident AccideCn aomit nion Caominion J RECEIVED D 41961 41961 Offic Induserial Aceidene Commission Industrial Industrial Accident Commission State California i Recently Recently daparment daparment from concerning application for for death the pieces and recently above claim applicant applicant worked the application application aplication short short time in btehneefSittaste oTfhe deceased the cover Washington Industrias for us for State of {8 Washington Industrias Industrias Department age insuring insuring that is our insuring agency for such work of notics notics We people people State Washington la listed as one of the racaiving racaiving this people Facaiving chia Can Can tell us the matter action we should follow in Cegard co this THE THE E. BARTELLS COMPANY HaJohum H. H. JOHNSON tt APPEALS : is APPEALS ah e Ve Hi tens rs bin 9 a? URtCM NSURANCE 0 M PA . . Geanoral sat Blitivsa *aleaga 4 on Hoa sitkam sitkam 4588 Fiskive 19tvd Les America 6 April 19 1961 Industrial incident Commission Commission 501 State Los Angelas 12 California JAKES WHITCOMB RILET CLAIN 202-23276 va PLANT INSULATION CO CON PB CTONI TI CASE NO 57 LA 182 835 Gazet Laman I We are still receiving notices on the above case COounrtrraecctoorrdss jsohbowotnhlayt we insured Plant Insulation for a Senta Po been diamed as we are not proper carrier and should not By cany of the attached that have been joined previously submitted a letter we request Very truly yours ~? RAVEINS \ Supervisor Comparisation Claims iSRidba mel co Raya Malangalin & Symon Symon H Paley va. Paley Laerarbrbl f _/ CASE NO 57 187-83 187-83 187-83 SET FOR 2-748- 61 92 SET 2-748- REQUESTS CONTINUANCE OTOC CANCELLATION CANCELLATION SUBMISSION DISMISSAL Thomps TILE NO - REASON . CAR CAR TO BE FILED HAWMAIVED ZADD APP TO BE FILED ADD PARTIES TO BE JOINED N_EW ATTY UNPREPARED LEAATTY UNPREPARED .MA74911 .MA74911 .MA74911 WILL FILS My ATTITY CONSENTS PER Hew tan LE, TELE NO ComforComfor April EXSTRUCTIONS TO CAL DATES TO AVOID_ RATES PREFERRED for for will will after after ell ane 3.10.61- 3.10.61- 117 3-30-61 WO Referes Referes 3-061 | NC ENG NEERS , DICTA & 1 RACTORS November 24 1959 11-30-2 11-30-2 Zurich Insurance Company 4465 Wilshire Boulevard Los Angeles 5 California Attention Ann S. Rawline Supervisor - Compensation Claims Subject CLAIM NO 202-23276 James Whitcomb Riley 11 With reference to your letter of October 7th our records do not indicate James W. Riley worked on a Santa Fe job o D. S. Douglase wa cc Butler Company 1 11 hae Yur. yar, e Y fost ig a om e w