Document zbG9dXnB1xz2039kwZrXxBwR3

FILE N A M E : C o n tra c t U n it W o rk e rs C o m p C laim s (W C C ) DATE: 1965 DOC#: W CC059 D O C U M E N T DESCRIPTION: W o rk e rs C om p File - H un t, M e lv in File Name Contract Unit Claim File: Melvin Hunt Feb.11/65 Scanned ? yes Source JMA: NS-JM Start Year 1965 Stop Year 1965 Contents claim Notes WORKERS' COMPENSATIONAPPEALS BOARD - CALIFORNIA (INDUSTRIAL ACCIDENT COMMISSION, prior to 1966) APPLICANT MELVIN HUNT______________________________ _ _ CASE $ LB 29228 Asbestos Insulator____________________ DATE CLAIM FILED Feb. 11, 1965___________. _________________________ INJURY ALLEGED Injury to respiratory s y s t e m ____________ ALLEGED DATE OF INJURY 1940-Jan. 29, 1965 EMPLOYER/INSURER Western Asbestos Co. et. al. including J-M S.ales/Travelers OTHER NOTES No apparent Canadian insurer Pulmonary emphysema & fibrosis due to asbestos DATE OF RESOLUTION Aug. 25, 1966_________________________ RESOLUTION __________Compromise & Release_____________ $15,135.08 settlement apportioned among 12 carriers DOCUMENTS COPIED 1) Order Approving C & R 2) Minutes of Hearing (showing defendants) # OF PAGEi 7 CLAIMANT ___________________H u n t ___________________________________________________________________________________. California Workers' Compensation Appeals Board *2 / CARRIERS INVOLVED: The AETNA Casualty & Surety Co. oAmerican Automobile Ins. Co. oAmerican Employers Ins. Co. American Motorists Ins. Co. Argonaut Ins. Co. oAssociated Indemnity Corp. oCalifornia Casualty Indemnity Exchange oCalifornia Compensation & Fire Co. oCasualty Ins. Co. of California oEmployers Liability Assurance Corp.Ltd. Employers Mutual Liability Ins. Co. of Wisconsin _ oFidelity & Casualty Co. of N e w York Fireman's Fund Ins. Co. oGeneral Accident, Fire & Life Assurance Corp. Ltd. oGlobe Indemnity Co. oGuarantee Insurance Co. oGreat American Ins. Co. Hardware Mutual Casualty Co. (Sentry Ins. Co.) Industrial Indemnity Co. olndustrial Indemnity Exchange olnsurance Co. of North America Liberty Mutual Ins. Co. Lumberman's Mutual Casualty Co. oMaryland Casualty Co. oMichigan Mutual Liability Co. oMission Insurance Co. oNational Automobile & Casualty Ins. Co. oNew Amsterdam Casualty Co. oOcean Accident & Guarantee Corp.Ltd. Pacific Employers Ins. Co. oPacific Indemnity Co. Reliance Ins. Co. (Standard Accident Ins. Co.) oRoyal Indemnity oSecurity Ins. Co. of Hartford (U.S. Casualty Ins. Co.) State Compensation Insurance Fund oTransport Indemnity Co. The Travelers Ins. Co. oThe United Pacific Ins. Co. oU.S. Fidelity & Guaranty Co. oZenith National Ins. Co. Zurich Ins. Co. o__________________________________________ |______________ __ O________________________________________________ ;___________________________________ O __________________________________________________________________________ O __________________________________________________________________________ O 5/81 mmf 1 WORKERS' COMPENSATION APPEALS BOARD 3 STATE OF CALIFORNIA 3 MELVIN L. HUNT, 4 \ Case No. 65 LB 29228 S Applicant I 6 vs. > 7 WESTERN ASBESTOS COMPANY, et al, [ 8 STATE COMPENSATION INSURANCE FUND, et al, I I 9 Defendant J 10 S1 I I PIC A I I 51 11 I hereby certify that the attached documents are true 12 and correct copies of the original documents filed in the records 13 of this office in the above-entitled matter. 14 ATTEST my hand and the Seal of the Workers' Compensation IS Appeals Board of the State of California. 16 17 18 19 Dated at San Francisco, Califonoia, this 6 th day of April, 1981 OCPAJtTMSMT O F INfrW O TtiAk M & A T tO M * OIVI8IOM OF tM O U T*tA k A C C *D *T * ; : '' c. t ~~ DEPARTMENT OF INDUSTRIAI. RELATIONS DIVISION OF INDUSTRIAL ACCIDENTS WORKMEN'S COMPENSATION APPEALS BOARD STATE OF CALIFORNIA RLID MELVIN L. HUNT; SE3 1 4 '- 3 , ^ Case No. 65 L 3 2'o26 0,,.s,r ,.r, 4 ^ A pp lican t vs. WESTERN ASBESTOS COMPANY, et al D efendant LCNG c l a Jh office Order Approving Compromise and Release AND ORDER DENYING LIEN CLAIM GOOD CAUSE APPEARING THEREFOR: IT IS HEREBY ORDERED that the lien claim of the Department of Employment, be and it hereby is denied. The parties to the above-entitled action having filed a Compromise and Release herein, on Msi*ch 28; 1966 through August 29, 1966 settling thiscase for $ 15,135.08 in addition to allsums which may have been paid previously, and requesting that it be approved; and this Board having considered the entire record, including said Compromise and Release, now- finds that itshould be approved; and, pursuant to Notice of Intention, and, GOOD CAUSE APPEARING T H ER EFO R : IT IS ORDERED that said Compromise and Release be, and itishereby approved, and the proceeds paid as follows: BY AETNA CASUALTY & SURETY COMPANY: TO: DR. JOSEPH F. BOYLE, lien claimant___ $ SILVER & MCWILLIAMS 259.50 Lien for living expenses..$ *75.00 As a t to r n e ys ' f e e ........ . 1,450.00 1 ,925.00 MELVIN L. HUNT, applicant......... '---- 601.86 TO KELVIN HUNT, aoplicant..................... 12,348.72 BY AMERICAN MOTORISTS INSURANCE COMPANY.............. BY STATE COMPENSATION INSURANCE F U N D .................. 3Y F I R E M A N 'S FUND INSURANCE COMPANY................... BY HARDWARE MUTUAL INSURANCE COMPANY.................. BY PACIFIC EMPLOYERS INSURANCE COMPANY................ BY THE TRAVELERS INSURANCE COMPANY.................... BY EMPLOYERS MUTUAL LIAB. INS. CO. OF WISCONSIN...... BY ZURICH AMERICAN INSURANCE COMPANIES., .t.t 3Y RELIANCE INSURANCE COMPANY.... v i ______ BY INDUSTRIAL INDEMNITY COMPANY........... ?.Y ARGONAUT INSURANCE COMPANY............. BY LIBERTY MUTUAL INSURANCE COMPANY..... SERVED ON ALL PARTIES LISTED ON THE OFFICIAL ADDRESS RECORD Date 9 - 1 4 - 66. t y . / J fr jt .$ 2,736.36 . 2,714.93 871.43 491.63 190.30 . 1,866.56 - 3,336.49 . 556.84 . *_*. la ( ... NErT.'KB-.F. ?"D AT LONG D I A W C A B r o M 5 emv ftlY FORM d B 2 > I960 BE AC1, CALIFORNIA /z "UOR BO '-ED ALS 1 EFRE THE INDUSTRIAL ACCIDENT COMMISSION CF THE STATE OP CALIFCHI re>j CASE NO. 65 LB 29228 3 4 LvjlN L HUNT, 5 Applicant, ) MINUTES OF FURTHER HEARS December 29, 1565 6 VS ) 7 IARREH AND BAILEE COMPANY; lARIfo'ARE MUTUAL CASUALTY COMPANY, 8 oon to be renamed SENTRY NATIONAL INSURANCE COMPANY 9 fESTERN ASBESTOS COMPANY; 10 TATS COMPENSATION INSURANCE FUND, ) 11 ". T. THORPE, INC.; ) 'ACIFIC EMPLOYERS INSURANCE COMPANY; 12 JMERICAN MOTORISTS INSURA!,'CE COMPANY, ) 13 PLANT RUBBER AND ASBESTOS; ) JNXNOWN 14 JNITSD CORK COMPANY; ^ 15 LIBERTY MUTUAL INSURANCE COMPANY, i corporation, ) 16 ARMSTRONG CORK COMPANY; ^ EMPLOYERS MUTUAL LIABILITY INSURANCE ) 17 30MPANY OF WISCONSIN, RELIANCE INSURANCE COMPANY, a successor) 18 Ln interest to STANDARD ACCIDENT ENSURANCE COMPANY; ) 19 IKE TRAVELERS INSURANCE COMPANY; &ETNA CASUALTY AND SURETY COMPANY, ) 20 PAR NORTHERN INSULATION; ) 21 UNKNOWN 22 METAL CLAD CORPORATION; ^ INDUSTRIAL INDEMNITY COMPANY, ) 23 UNITED REFRACTORY COMPANY; ) 24 UNKNOWN, 25 HUGH A. ELSDON COMPANY; ^ UiliMNOLN, ) 25 jo:n;s manville sales corporation; ) 27 THE TRAVELERS INSURANCE COMPANY, OWENS CORNING FIBERGLAS; SELF-INSURED, \'/\ THORPE INSULATION COIMFANY; firemans fund insurance company, NC TESTIMONY HAS BEE:: TAKEN O'! THIS CASE (12-29-65) ( ( , Jk-iUlTDET cow: COMPANY; |AETNA CASUALTY AND SURETY COMPANY, 2 7, REESE INSULATION COMPANY, 3 JliNDUSTRIAL INDEMNITY COMPANY, . J;BALDWIN-EHRET COMPANY; (^LIBERTY MUTUAL INSURANCE COMPANY, 5W F I B E R G L A S ENGINEERING COMPANY; 4-AETNA c a s u a l t y a n d s u r e t y c o m p a n y , LfC. F. BRAUN AND COMPANY, a 7 corporation; MSRICAN MOTORISTS INSURANCE COMPANY, 8 .JfTHE E. J. BARTELLS COMPANY; 9 -HARDWARE MUTUAL CASUALTY COMPANY, Boon to be renamed SENTRY NATIONAL 10 j|INSURANCE COMPANY, 11 vJ'KO'TROE FOOD MACHINERY INC.; `'ARGONAUT INSURANCE COMPANY, 12 INDUSTRIAL FURNACES INC.; 13 ufFIRS-IAliS FUND INSURANCE COMPANY, 14 J-PASCO IliSULATION CORPORATION; UNKNOWN, ^ ^TRIAL SERVICE AND INEERING COMPANY OF CALIFORNIA; L ERTY MUTUAL INSURANCE COMPANY, 17 MTL0S ANGELES CORK COMPANY; 18 jrZURICH INSURANCE COMPANY, 19 -ARMSTRONG CONTRACTING AND 'SUFPLY CORPORATION; 20 `T^-IPLOYERS MUTUAL LIABILITY 21 INSURANCE COMPANY OF WISCONSIN; RELIANCE INSURANCE COMPANY, a successor 22 ifrln interest to STANDARD ACCIDENT INSURANCE COMPANY; 23 jHTNE TRAVELERS INSURANCE COMPANY; 'AETNA CASUALTY AND SURETY COMPANY, 24 'MARINE ENGINEERING AND SUPPLY COMPANY; 25 unknow, o6-- jrRODERICK LYNCH, dba !! LYNCH ASBESTOS COMPANY; 27 i; UiL'jTOWN, 23 Defendants. 23 GilBIT: Applic ant1s Report of Dr. Eoyle of October 13, 1365, together viith x-ray report and laboratory studies, together with his statements * 1 THIS CAUSE came on for hearing at 9 a.m., December 29, IS r> Department 6 of the Industrial Accident Commission, Long Leach, 3 alifornia, before the Honorable RAYMOND LEAVER, Referee. 5 RESENT- M. Sutton, Reporter 6 Applicant Silver and McWilliams by : 7 Edwin Silver, attorneys for applicant ' 3 J. D. Henderson, representative for American Motorists Insurance Company 9 Franklin M. Kaye, attorney for State Compensation Insurar. 10 Fund 11 Stephen Schweitzer, representative for Firemans Fund Insurance Company 12 James Hummel, representative for Enployers Mutual Liabili 13 Insurance Company of Wisconsin 14 Joseph J. Gleason for Weingand, Kendig and Stockwell, attorneys for Liberty Mutual Insurance Company, Aetna 15 Casualty and Surety Company, and Owens Corning Flberglas, self-insured 16 James C. Thomason for Roberts and. Thomason, attorneys for 17 Pacific Saployers Insurance Company 13 Allan Schuramer for Clopton and Penny, attorneys for The Travelers Insurance Company, Industrial Indemnity Company 19 and Reliance Insurance Company, a successor in interest - to Standard Accident Insurance Company 20 James J. Wood, attorney for Argonaut Insurance Company 21 Jack Sisk for Herlihy and Herlihy, attorneys for The 22 Travelers Insurance Company, and Johns Manville Sales Corporation 23 LET THE RECORD FURTHER SHOVf that Robert Maholchic, 24 representative for Zurich Insurance Company, telephoned the Referee and advised that his car broke down and he 25 might not be able to make the hearing. 2S LET THE RECORD FURTHER SHOW that Kean St. Charles telepho the Referee and advised that flood conditions prevented h 27 appearance. He advised that he represented Hardware Kutu Casualty Company, which vias soon to be renamed Sentry 23 National Insurance Company. LET THE RECORD FURTHER SHOW that Melvin L. Hunt, vhc 39 claims to have been born on October 25> 1399, claims tc have been employed by various employers in California, an 30 3 c 1 in Alaska pursuant to a contract of employment entered into ir. State of California, from 1940 through January*29, 1955, durin; 2 time he claims to have sustained an injury to his respiratory system arising out of and occurring in the course of his emplo-> 3 ISSUES: 4 1 . Employment, except as admitted 5 2. Age jj. Occupation 6 Injury 5- Insurance coverage, except as admitted 7 6. Need for medical treatment 7. Liability for self-procured medical treatment 8 8. Medical-legal costs 9. Earnings, except as admitted 9 10. Nature, extent and duration of disability 11. Apportionment 10 12. Lien claim of the Department of Employment 13. Statute of Limitations 11 14. Prejudice by lack of notice 15. Jurisdiction 12 THE FOLLOWING ADMISSIONS ARE MADE: 13 1. American Motorists Insurance Company admits insurar 14 coverage for J. T. Thorpe, Inc., from July 6, 1956 through July/ 15 1964. Said carrier further admits employment and earnings as se 16 forth in the letter of August 9, 1965, from the Department of 17 Health, Education, and Welfare. 18 2. American Motorists Insurance Company admits insuran< 19 coverage for C. F. Braun and Company for the year 1954, and furtl- 20 admits employment and earnings as set forth in the letter of Augi 21 9, 1965, from the Department of Health, Education, and Welfare. 22 3. State Compensation Insurance Fund admits coverage fc 23 Western Asbestos Company for the hears 1941, 1942, 1943, and 1953 24 4. Firemans Fund Insurance Company admits coverage for 25 Thorpe Insulation Company, and employment for said company for th 26 following periods: March 4, 1257 through April 5, 1957 27 ! !' 28 f ` I) 29 !' January 23, 1958 through January 31, 1553 October 25, 1962 through December 5, 22o2 March 3, IS S3 through March 29, 1263 00 Said carrier further admits earnings: during the aforementioned ( ( 1 periods in the total amount of $2,783.95. 2 `5 Firemans Fund Insurance Company admits coverage f< 3 Industrial Furnaces, Inc., for the year 1959. 4 o. Employers mutual Liability Insurance Company of 5 Wisconsin admits Insurance coverage for Armstrong Cork Company, 6 a corporation, for the period January 1, 1944 to January 1, 7 7 Liberty Mutual Insurance Company admits insurance 8 for 3alduin-Ehret for the third quarter of 1964, and further adi 9 employment and earnings for the third charter of 1964, as reflei 10 In the- August 9 1965 letter from the Department of Health, 11 Education, and Welfare. 12 8. Liberty Mutual Insurance Company admits insurance 13 coverage for Industrial Service and Engineering Company of 14 California, during the first quarter of the year 1963 and furth 15 admits employment and earnings as reflected,in the aforementlone 16 letter.(August 9 1965 ltr. of Dept, of Health, Education & Welf 17 9. Aetna Casualty and Surety Company admits insurance 18 coverage for Mundet Cork Company for the last quarter of the yea: 19 1957 and further admits earnings and employment as reflected in 20 the aforementioned letter. 21 10. Pacific Employers Insurance Company admits coverage 22 for J.T. Thorpe, Inc., for the period September 30, 1944 through 23 September 30, 1955 except for the period January 1, 1952 through January 1, 1953. Said carrier further admits employment and earn! 24 during the period of coverage as reflected in the aforementioned 25 26 I letter of August 9, 1965* 11. The Travelers Insurance Company (through Mr. Schumme 27 ! admitc coverage for Armstrong Cork Company for the period January 28 i 1952 through January l , 1954. Said carrier further admits employ 39 j for the quarter ending March 31, 1952, through the quarter ending 30 1 March 31, 1953, as reflected in the aforementioned letter of 2 August 9, 1965- Sviia carrier further admits earnings as reflecte 3 during these periods in the aforementioned letter. 4 12. The Travelers Insurance Company (through Allan Schum 5 admits coverage for Armstrong Contracting and Supply for the peri 6 January 1, 1959, through January 1, 1963. 7 1 3 . Industrial Indemnity Company admits coverage for if 8 Metal Clad for the Period September 27, 19^9 through March 31, 9 1954. Said carrier further admits employment and earnings in 195' 10 and 1953 as reflected in the aforementioned letter of August 9, 1; 11 It. Industrial Indemnity Company admits coverage for 12 Reece Insulation for the period October 1, 1957 through October 1, 13 1, 1958, and also admits employment and earnings as set forth in 1 14 aforementioned letter of August 9 , 1965. i 15 15. Argonaut Insurance Company admits coverage for Monroe 16 Pood Machinery, Inc., for the period July 29, 195S> through 17 August t, 1959, and admits employment for the same period, and 18 earnings as reflected in the aforementioned letter of August 9, 19 1965. 20 16. The Travelers Insurance Company (through Jack Sisk) 21 admits subject to withdrawal, coverage for Johns Manville Sales 22 Corporation, f o r the period January 1, 1957 to Ju l y 1, 1957, 23 and further admits employment and earnings for the quarter ending 24 March 31, 1957, as reflected in the aforementioned letter of Augus 25 9 , 1965. 26 17. Zurich Insurance Company (through Mr. Maholchic in 27 a telephone conversation with the Referee) admits coverage for 28 L'os Angelec Cork-Company, for the period October 27, 1962, to 29 Movember 6, 1963, and further admits employment for the payroll 30 period ending July Sh, 19<?3 through the payroll period ending 6 ( ( 1 September 11, 1963- Said carrier admits total earnings daring sei 2 period of $1 ,281.20 in addition to bonus paid or overtime pay in 3 the amount of $106.40. Said carrier admits earnings as follows fc the following payroll periods: 5 July 24, 1963 $160.32 6 July 31, 1963 200.40 7 August 14, 1963 167.36 8 August 21, 1963 209.20 9 August 28, 1963 209.20 10 September 4, 1963 146.44 11 September 11, 1963 188.28 12 18. Hardware Mutual Casualty Company, soon to be renamed 13 Sentry National Insurance Company, (through Kean St. Charles in a telephone conversation with the Referee) admits coverage for 14 E.J. Bartells Company for the period October 1, 1953 to October 1, 15 1954, and further admits earnings of $1,359-28 for the quarter 16 ending September 30, 1954. 17 19. The above carrier also admits coverage only for 18 Warren and Bailey Company for the period September 1, 1952 to 19 September 1, 195320 21 22 23 DISPOSITION: 24 Continued on notice for full day hearing. 25 23 27 7 23 0