Request,Application: ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS

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                                BRAYTON®PURCELL LLP

ATTORNEYS AT LAW.
222 RUSH LANDING ROAD,

POBOX 6169
NOVATO, CALIFORNIA 94948-6169

(415) 898-1555

SCD men DAH Bw Ne

ALAN R. BRAYTON, ESQ., S.B. #73685
DAVID R. DONADIO, ESQ., S.B. #154436
NANCY T. WILLIAMS, ESQ., S.B. #201095

NWilliams@braytonlaw.com ELECTRONICALLY
BRAVTONSPURCELL LLP FILED
Attorneys at Law

222 Rush Landing Road [cdemey oraan rancace |:
P.O. Box 6169 03/25/2016

Novato, California 94948-6169
(415) 898-1555
(415) 898-1247 (Fax No.)

Clerk of the Court
BY:NADITA MASON

Deputy Clerk
Attorneys for Plaintiffs
SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

ROBERT ROSS and JEAN ROSS,
Plaintiffs,

. ASBESTOS
No. CGC-10-275731

DECLARATION OF NANCY T.
WILLIAMS IN SUPPORT OF
APPLICATION FOR ENTRY OF
DEFAULT JUDGMENT AGAINST
DEFENDANT S F L, INC.

VS.

C.C. MOORE & CO. ENGINEERS;
Defendants as Reflected on Exhibit |
attached to the Summary Complaint
herein; and DOES 1-8500.

meer

Hearing Date: May 24, 2016
Time: 9:00 a.m.

Dept.: 514, Hon. Joseph M. Quinn
Trial Date: Not Applicable

Filing Date: December 17, 2010

I, Nancy T. Williams declare;

1, Tam an attorney at law duly licensed to practice in the State of California, and am
an associate with the law firm Brayton¢Purcell LLP, attorneys for record for plaintiffs herein. I
have reviewed the file in this matter and made this declaration on the basis of that review:

2. Attached hereto are true and accurate copies of the following exhibits showing the
evidence of plaintiff ROBERT ROSS 's asbestos related injury and illness and ROBERT ROSS
and JEAN ROSS 's economic and non-economic damages in this case:

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DECLARATION OF NANCY T. WELLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
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Exhibit

A.
B.

3.

Category
Medical Report

Proof of Default, Service of
Summons, and Damages
Ceiling

Future Medical Damages

Non-Economic Damages
(Personal Injury)

Non-Economic Damages
(Loss of Consortium)

Non-Economic Damages

Work history relevant to
exposure case by Defendant

Non-Medical Economic
Damages

Past Medical Billing

Detail
Medical Report of Richard Luros, M.D.

Request for Default Judgment, Proof of Service
and Statement of Damages served upon
Defendant.

Declaration of Frank Ganzhorn, MD

Declaration of Plaintiff ROBERT ROSS
Declaration of Plaintiff JEAN ROSS
Declaration of James P. Nevin

Worksite Product identification and summary of
work place exposure

Declaration of Economist Robert W. Johnson

Medical Billing Statement and Medical Bills

This action for damages arises from the asbestos related injury of Plaintiff

ROBERT ROSS. Plaintiffs ROBERT ROSS and JEAN ROSS (hereinafter "plaintiffs") filed a

complaint for personal injury and loss of consortium naming § F L, INC. (hereinafter

“defendant”) one of several defendants. The complaint set forth the work history of plaintiffs

evidencing ROBERT ROSS 's exposure to asbestos caused by defendant. The operative

summons, complaint and Statements of Damages were served on defendant and defendant has

failed to defend or otherwise appear in this action. Plaintiffs has filed proof of service of

summons on defendant as well as a request for entry of default and Statements of Damages.

Plaintiff ROBERT ROSS was diagnosed with and suffers from Asbestos-Related

4.

Colon Cancer, Asbestosis and Pleural Disease caused by Plaintiff's exposure to asbestos for

which defendant is liable, As evidence of Plaintiff's personal injury, plaintiff submits the report

of plaintiff's medical expert, Richard Luros, M.D., attached to the Declaration of Nancy T.

Williams, filed concurrently herewith, as Exhibit “A”.

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DECLARATION OF NANCY T. WILLIAMS IN SUPPORT

2
OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
ENDANT § F 1., INC.oO mI DH BRB WN BA

5. Plaintiff ROBERT ROSS had an exposure / work history that included exposure to
asbestos containing products. Defendant caused said exposure. ROBERT ROSS 's work history
was detailed in the Exhibit A attached to the complaint. The exposure relevant to this application
for default judgement is summarized as follows:

ROBERT ROSS 's work history, attached in Exhibit A to the Complaint, shows
exposure to asbestos containing product caused by defendant.

Plaintiffs brought this action against defendant for personal injury and loss of
consortium alleging causes of action for Negligence, Strict Products Liability, False
Representation, and/ or Premises Owner / Contractor Liability. 7

Plaintiff was exposed to asbestos containing products supplied by defendant and/or
installed and/or disturbed by said defendant as a contractor. Such exposure contributed to cause
plaintiff's asbestos-related disease.

6. In support of Plaintiff's request for economic damages Plaintiff provides a
declaration of Internal Medicine Specialist and Pulmonologist Frank Ganzhorn, M.D. See
declaration of Dr. Ganzhorn attached hereto as Exhibit "C". In his declaration, Dr. Ganzhorn
opines that, at a minimum, the costs of medical monitoring include one time procedures as well
as reoccurring procedures:

a. Dr. Ganzhorn opines that annual procedures include annual follow up examinations}
($300.00/yr), annual pulmonary function tests ($1,000.00/yr) and annual chest x-rays
($300.00/yr). These total $1,600.00 per year. In the Report of Economist Robert W. Johnson, he
opines that Plaintiff's life expectancy was until 2021, which is 5 years from 2016. (See Report of
Robert W. Johnson attached hereto as as Exhibit "G". The total annual medical monitoring of
$1,600.00 per year multiplied by 5 more years is $8,000.00.

b. Dr. Ganzhorm opines that a CT with High Resolution Scans occur ever two years at
$1,800.00 per scan. Plaintiff's life expectancy, divided by two (to reach a biennial figure), equals
2.5 more years, The cost of $1,800.00 for CT exams multiplied by 2.5 more years is $4,500.00.

c. Dr. Ganzhorn opines that, in addition to these annual and biennial costs, the

following procedures are also required: An initial complete pulmonary evaluation ($1,500.00), a

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DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT S F L, INC.oO 0 em NIN DH BF WD

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Colon Cancer Screening ($3,000.00) and at least one future hospitalization ($50,000.00). These
minimum procedures total $54,500.00.

Combined, these minimum economic damages for future medical expenses is
$67,000.00 (atb+c).

8. Plaintiff ROBERT ROSS has provided testimony, in accordance with CACI
3905A, as to plaintiff's pain, mental suffering, loss of enjoyment of life, disfigurement,
impairment, inconvenience, grief, anxiety, humiliation, distress, and fear of death from cancer, as
a result of plaintiff's asbestos related disease. See declaration of plaintiff ROBERT ROSS
attached hereto as Exhibit “D”.

9. Plaintiff EAN ROSS has provided testimony, in accordance with CACI 3920, as to}
plaintiff's loss of love, companionship, comfort, care, assistance, protection, affection, society,
and moral support, as a result of plaintiff's spouse's asbestos related disease. See declaration of
plaintiff JEAN ROSS attached to Declaration of Nancy T. Williams as Exhibit “E”,

10. In further support of plaintiffs' reasonable requests for non-economic damages,
plaintiff's counsel, James P. Nevin, has provided a declaration detailing typical jury non-
economic damages verdicts for cases (Exhibit "F").

11. A true and accurate copy of the Worksite Product identification and summary of
work place exposure regarding plaintiff's exposure caused by Defendant is attached hereto as
Exhibit "G".

12, A true and accurate copy of the Declaration of Economist Robert W. Johnson is
attached hereto as Exhibit "H" and provides evidence of plaintiff ROBERT ROSS 's damages fo]
loss of earnings and/or loss of household services.

13. A true and accurate copy of the Medical Billing Statement is attached hereto as
Exhibit "I" and provides evidence of ROBERT ROSS 's damages for past medical expenses. Also
attached with this Statement are copies of all of the underlying medical bills.

For an injured party who carries traditional health insurance or Medicare, the current
state of California law regarding recovery of past and future medical damages from a tortfeasor is|

set forth in Howell v. Hamilton Meats, Inc. (2011) 52 Cal.4th 541 as extended and applied in

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DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF AneenRe TION FOR ENTRY OF DEFAULT JUDGMENT AGAINST.SO me IN DH BR wW NY

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Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, and its progeny. Recovery owing to the
tortfeasor’s tort is no longer necessarily based on the charged amount of services; rather,
recovery can be limited by evidence of the non-recourse accepted payments and lien rights. In
short, if (and only if) there is evidence that the provider accepted a reduced amount as full
payment of past medical bills, damages for past medical expenses are limited to the amount paid
or incurred for the past medical expenses.

Therefore, attached to the Declaration of Nancy T. Williams as Exhibit "H" is a true and
correct copy of a summary, and the underlying bills, showing the amount charged and the amount]
paid. In accordance with the law set forth above, plaintiff ROBERT ROSS hereby seeks to
recover the total amount paid of $13,353.72.

14. The title of the operative complaint, upon which Defendant was default is Second
Amended Complaint. It was filed on May 16, 2011. A true and accurate copy of this operative
complaint is attached hereto as Exhibit "J".

15. On December 5, 2011, said operative summons and complaint and statements of
damages were served upon Defendant.

16. On April 6, 2012, the Proof of Service of Summons, Complaint and Statement of
Damages was filed with the Clerk of Court. (See Exhibit "B", page 3)

17. On April 6, 2012X_, a request to enter default of defendant was filed.

18. On April 6, 2012, the Clerk of Court entered default upon Defendant by the Clerk
of Court. (See Exhibit "B", page 1) The Register of Actions reflect entry of default on that date.

19. Since the time of service upon Defendant, amendments have been filed to the
operative complaint served on defendant on this date. Said Amendments have not materially
changed the substance of the causes of action plead against Defendant.

20. On April 6, 2012, the Statements of Damages were filed with the Clerk of Court.

21. The Court has set a hearing for June 2, 2016 on an Order to Show cause re
Dismissal of the entire action. However, dismissal of "DOE" defendants in this case is irrelevant
to the matter of Default Judgment against Defendant. Such matters are better handled at the

Order to Show Cause re Dismissal hearing before the Honorable Garrett L. Wong

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DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
DEFENDANT SF L, INC.So Om IN DAH BW N HS

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13

22. Regarding the status of remaining defendants in this case, and whether granting this
application would resolve all remaining claims in this case: This action has settled as to all
non-defaulted defendants. Prove-up on defaulted defendants remains the only aspect remaining
as to the status of defendants in this action. The granting of applications for default judgment in
this case would resolve all remaining claims for this case with the following exception: Plaintiff
continues to pursue claims against bankruptcy-related asbestos trusts for recovery of damages.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and “Dlg

Executed on F “LY, le

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‘DECLARATION OF NANCY F. WILLIAMS IN SUPPORT OF Al
DEFENDANT § FEXHIBIT AR.M. LUROS, M.D., M.P.H.
A MEDICAL CORPORATION
QUALIFIED MEDICAL EXAMINER

MAILING ADDRESS

15930 Via De Las Palmas
Rancho Santa Fe, California 92091-4134
1-800-587-6700 © Fax 1-866-640-1078
E-mail OCcDOC1@ao0l.com

QUALIFIED MEDICAL EVALUATION

500 Sutter Street,
San Francisco, CA

Suite 430

November 6, 2012 94102

3319 “oO” Street
Sacramento, CA 95816

4060 4th Avenue, Suite 209

Ms. Marion R. DeCarlo

San Diego, CA 92103

Workers’ Compensation Manager
Hearing Representative
Brayton-Purcell

222 Rush Landing Road

Novato, CA 94948-6169
RE: ROBERT ROSS vs:
Lefco, Inc., et al.
WCAB Case No.: ADJ 1102812 (SFO 502565)
Date of Injury: CT 1969-1981
Dear Ms. DeCarlo:

Upon your request, I had the opportunity to
voluminous medical file concerning the case
Ross.

Please note that as a function of the sheer
records, this report will reflect a capsule

review the
of Mr. Robert

volume of those
summary of impor-

tant points gleaned from that record review process, even
though the records were reviewed in their entirety.

This is a Qualified Medical Evaluation.RE: ROBERT ROSS Page 2
November 6, 2012

This is a medical-legal report which complies with all current
California state regulations. Please refer to the signature
page for non-medical declarations, legal citations, and
factors of complexity and verification of time expenditure
required by regulatory and legislative entities.

The sources of all facts contained within this report consist
of my review of the medical records forwarded to me.

It should be noted that as this evaluation was performed in
conjunction with a claim of work-related injury, the usual
doctor-patient confidentiality would not be in effect. Addi-
tionally, please note that the history may well have been
dictated in the presence of the Applicant, and that certain
entries have been bolded for emphasis.

In your letter of October 10, 2012, you note that you have
filed a claim for Workers’ Compensation benefits in which
cumulative exposure to asbestos and other toxic substances
occurred during the course of Mr. Ross’ employment with
various employers as an insulator from 1969 through 1981.

COMPLEXITY FACTORS AND FEE JUSTIFICATION:

The revised medical-legal fee schedule indicates that ML104
may be billed if four complexity factors exist. The four
complexity factors here are:

1. TWO OR MORE HOURS of face-to-face time by the physician
with the patient (not applicable) ;

2. TWO OR MORE HOURS of record review by the physician;

3. A bona fide issue of medical causation discovered in the
evaluation and discussed; and,

4. A bona fide issue of apportionment discovered in the

evaluation and discussed.

I verify under penalty of perjury that I spent 0.0 hours in
face-to-face interview time with Mr. Robert Ross. I further
verify that I spent 15.0 hours reviewing the medical records
and 3.0 hours in research. Finally, I personally spent 8.0
hours in dictation, preparation and editing time completing
this report. After adding the time expended for all of the
physician completed report components listed, the total billed
physician time for the preparation of this report is 26.0
hours.RE: ROBERT ROSS Page 3
November 6, 2012

This report is being billed at ML104.

REVIEW OF MEDICAL RECORDS:

There is an Application for Adjudication of Claim which
alleges a cumulative trauma injury from 1969 through 1993,
rather than 1981.

Injury was sustained to Mr. Ross’ lungs and respiratory system
due to exposure to asbestos and other toxic substances
resulting in intermittent disability, with ongoing medical
treatment being received.

Social Security records reflect employment by Performance Con-
tracting from 1993 through 1996 and for Industrial Commercial
Insulation in 1993.

He worked for Lefco from 1993 through 1995, with additional
employment with F. Rodgers Insulation in 1995, as well as for
Ecco Insulation in 1995, continuing with that firm through
1999.

I reviewed Standard Asbestos Case Interrogatory Responses, Set
1, and Amended Responses which note that Mr. Ross was 71 years
of age, with a height of 5'11” and a weight of 215.

Mr. Ross was in the Army from 1954 to 1956, so that while the
Application for Adjudication of Claim refers to an initial
exposure year of 1969, it is far more likely that his expo-
sures began in 1954, assuming he lived in asbestos-insulated
barracks.

Various providers of medical treatment to Mr. Ross were then
listed, with chest x-rays at Cascade Medical Imaging on
8/29/05 with other chest films being performed in Tucson,
Arizona in December of that year and through Drs. Jacobs and
Fredstrom in Bend, Oregon at Bend Memorial Hospital for
follow-up of a CT scan.

Complaints due to asbestos exposure include shortness of
breath, coughing and fatigue, with those being present without
cessation.RE: ROBERT ROSS Page 4
November 6, 2012

He contends that his lungs have been primarily affected, but
as lung function affects the rest of the body, it was Mr.
Ross’ contention that all parts of his body had been affected.

Mr. Ross smoked from 1950 to 1983, one pack per day.
His father smoked as well, from 1935 to 1953.

The following periods of employment were said to have resulted
in exposure to asbestos and other harmful substances:

He was in the Army from 2/9/54 through 1/27/56, serving at
Fort Ord in the Monterey, California area for sixteen weeks
(basic training), followed by service in Okinawa.

While he was currently unaware of whether or not he was
exposed to asbestos, as barracks and other structures were
typically insulated with asbestos, it is more likely than not
that he was.

For San Mateo Junior College, he worked as a welder from 1958
to 1959, attending welding classes.

As a warehouseman for Philip Carey, he unloaded boxcars full
of products, swept floors and delivered materials to sites,
including products made by a number of manufacturers which are
known to contain asbestos.

He said that his clothes would be covered in dust. He loaded
and unloaded asbestos-containing materials from products at
various jobsites, with Philip Carey, being the insulation
contractor at the Cathedral Hill Hotel in San Francisco.

For Coast Insulating Products from August through September,
1959, he carried materials to journeyman insulators and
recalled working with Johns Manville block insulation. He
would score and cut that insulation with a handsaw and
recalled mixing all purpose cement of various types.

He insulated pipes under loading docks at Mare Island Naval
Shipyard while working for Universal Insulation from October
through December, 1959. He installed insulation on pipes in
the boiler in the boiler room, using black mastic on fittings.

He recalled using various types of insulation and cement and
working near pipefitters installing pipes and gaskets.RE: ROBERT ROSS Page 5
November 6, 2012

For that same firm at Hewlett-Packard from 1959 to 1963, he
installed insulation and all purpose cement on fittings as
well as insulation on pipes. He also scored and cut black
insulation with a handsaw and recalled laborers sweeping up
debris.

He mixed insulating cement and scored asbestos blocks with a
saw, as well as using pipe covering, cement and black mastic.
He installed insulation on equipment and pipes and recalled
working near insulators from J.T. Thorpe & Son who were
installing refractory materials in boilers, as well as working
near boilermakers he believes were from that same firm.

Mr. Ross, who was working for Western Asbestos at the time,
recalled working near welders using welding blankets, laborers
sweeping up the site and pipefitters who were installing
gaskets, valves and pipes.

The crew would work on their work coveralls in the morning in
a changing shack on the jobsite, removing them at the end of
the shift, and storing them in the changing shack for the next
workday.

He recalls being around coworkers who would pound their cover-
alls against the wall to get the dust off them.

For Western Asbestos at Queen of the Valley Hospital in Napa
as an insulator in July, 1960, he removed and replaced ceiling
tiles in order to install insulation. Some of the ceiling
tiles would break when he tried to remove them, resulting in a
cloud of dust being released.

He insulated pipes in the boiler room with pipe covering and
all purpose cement.

He insulated pipes and ducts at the Maritime Union Building
while working for the Maritime Union as an insulator in 1960,
as well as working with all purpose cement.

Additional exposures with Western Asbestos occurred from 1961
through mid-1965 at various locations, again as an insulator,
where he would apply pipe covering while using all purpose
cement for fittings, as well as working near pipefitters who
were installing pipes, valves and gaskets while others were
using asbestos blankets.RE: ROBERT ROSS Page 6
November 6, 2012

Again, at various locations, he would insulate pipes and
vessels while using cement, black mastic and asbestos-
containing insulation.

He again recalled working near laborers who were sweeping up
at the site and who were carrying products to workers.

The same exposure to coverall dust occurred at the Tidewater
Oil Company in Avon, California as discussed above.

Similar exposures occurred through that same firm at the
Monsanto Chemical Plant and at the PG&E Powerhouse, where he
removed asbestos block insulation from a turbine. He also
installed asbestos pads and insulation, while working with
cement.

The same exposure to dusty coveralls again occurred.

For Plant Insulation at the Standard Oil Refinery in Richmond,
California from July through October, 1961 and from July, 1962
through May, 1965, he installed insulation on pipes, valves
and heat exchangers.

He recalled having to crawl over pipes that were covered with
asbestos insulation so that he could perform his work.

His clothes and skin would be covered with dust, and he
recalled working near welders using welding blankets, laborers
sweeping up the site and near pipefitters installing gaskets,
valves and pipes.

The coverall exposure was as noted above.

There were additional exposures while working for Western
Asbestos from July, 1961 through 1965, where he would use mag
insulation, glue cement and powerhouse cement.

He worked near laborers sweeping around his work area.

He installed styrofoam insulation and Henry’s mastic for the
refrigerator unit at Gerber Foods in Oakland. He used stick
pins and Tuff£-Bond adhesive to hold large blankets of insula-
tion on one of the vessels, which he then wrapped with chicken
wire and installed all purpose cement over that wire. He also
applied cement and recalled working near pipefitters install-
ing pipes, valves and gaskets.RE: ROBERT ROSS Page 7
November 6, 2012

Additional similar exposures occurred at other locations while
working for Western Asbestos during that same period of time.

For Western Asbestos at PG&E during that same timeframe, he
recalled installing block insulation with chicken wire over
the top, using cement over the chicken wire.

He applied asbestos pipe insulation to steam lines and
recalled working near boilermakers who were installing a
boiler and refractory materials inside the boiler.

He recalled working near electricians and insulators, with
exposure to coverall dust as noted above. This was at the
PG&E plant in Antioch, California.

He installed foam glass insulation with Henry’s mastic on
joints and installed insulation and used all purpose cement
and black mastic, with coverall exposure while working for
Western Asbestos at the Hercules Powder Plant in Hercules,
California.

Other exposures for Western Asbestos continued during that
timeframe at various other locations as set forth in the
Standard Asbestos Case Interrogatory Responses, Set 1,
including, but not limited to, Georgia Pacific, Bethlehem
Steel, AAA Machine Shop, Willamette Shipyard and at Pacific
Ship Repair at Pier 36 in San Francisco.

He also worked on various ships for Western Asbestos during
that same timeframe, where he insulated pipes, turbines,
valves and boilers. He also removed and repaired insulation
and used asbestos cloth to wrap around valves and boilers.

He used cement of various types as well as mastic on refrig-
eration units.

He recalled working near pipefitters who were removing insula-
tion and who were installing pipes, gaskets, valves and pumps.
He recalls pipefitters working in his area cutting gaskets
from a sheet and welders using asbestos cloth while working.

He recalled painters putting paint on the floor.
For Western Asbestos at Grace Cathedral during that same time-

frame, he worked in a crawl space at the building, and had to
drag equipment to the pipes that he was insulating. The areaRE: ROBERT ROSS Page 8
November 6, 2012

was dusty and his clothes and skin were covered with dust. He
recalled using cal sil insulation and Johns Manville 301
cement.

He made asbestos pads to be installed on ships for Western
Asbestos at the Western Asbestos pad shop during that same
timeframe.

At the PG&E Nuclear Powerhouse for Western Asbestos during
that same timeframe, he carried materials to coworkers and
applied mag blocks and pipe covering to pipes, valves and
vessels while using cement and mastic. He used various types
of asbestos-containing insulation and worked near pipefitters
who were installing pipes and gaskets as well as near welders
who were using asbestos blankets for fire protection.

Exposure to dusty ‘coveralls occurred as a function of proce-
dures previously described.

He recalled applying asbestos blocks and all purpose cement at
the PG&E plant during that same timeframe (7/61-10/61; 7/62-
5/65 for two to three weeks at a time, on and off).

He recalled working near employees from PG&E who were removing
insulation from vessels and pipes in his work area, as-well as
installing various types of insulation.

Exposures continued at various locations to the above firm, as
well as for AC&S from August, 1960 through July, 1961, Octo-
ber, 1961 through June, 1962, and from May, 1965 through
December, 1966, for two months, intermittently, with similar
exposures to asbestos pipe covering, cement and as a result of
working near various trades, including, but not limited to,
pipefitters, welders, laborers doing clean up and drywall
hangers, as in the job at the Oakland Coliseum during that
same timeframe.

He also recalled working near tapers who were mixing, applying
and sanding joint compound as well as floor installers and
workers who were cutting and installing ceiling tiles, as in
the Golden Gateway Apartments during that same timeframe,
again for AC&S Insulation.

He recalls that fireproofing had been installed on beams at
that location, with similar exposures at various East Bay
locations for AC&S.RE: ROBERT ROSS Page 9
November 6, 2012

At the Bank of America Building in San Francisco, again for
that same firm, he also worked near plasterers who would pour
powder into a cement mixer, resulting in dust flying every-
where, including on his clothes and skin.

He worked near the same trades as well as plumbers, with the
various trades storing their tools in a large box, along with
their dirty coveralls until the next day, while working at
Hillcrest Elementary School in Rodeo, California for that same
firm.

He also worked near sheet metal workers at the Bechtel
Building as well as near plumbers and sprinkler fitters who
were installing pipes and gaskets. He also worked near pipe-.
fitters installing pipes, gaskets and valves at that location.

He insulated hot water pipes and installed insulation and used
cement for AC&S at the Berkeley High School.

He also worked near insulators at various locations for AC&s
and other employers.

He worked near plumbers and pipefitters installing pipes,
gaskets and valves as well as using packing at the Oakland
Naval Supply Center in Oakland during that same timeframe and
for the same employer.

Similar exposures occurred from 1966 through 1972 for Consoli-
dated Insulation at Encina Hall at Stanford University where
he insulated pipes and wrapped ducts while working near
fireproofing that had been disturbed. He recalled plumbers,
pipefitters and sheet metal workers who were disturbing
fireproofing at that location and he recalled working in close
proximity to laborers and pipefitters as well as drywall
hangers who were cutting and installing drywall. He also
worked near tapers who were applying and sanding joint
compound.

He worked near laborers sweeping up debris and workers who
were spraying fireproofing at the Hilton Hotel in San
Francisco while working for Consolidated Insulation from
January, 1967 through March, 1972 for a month at a time, off
and on.

He insulated pipes in a boiler room and in a mechanical room
at Alameda Hospital while working for Consolidated InsulationRE: ROBERT ROSS Page 10
November 6, 2012

during that same timeframe. He removed and replaced ceiling
tiles in order to perform his job duties. There was Monokote
fireproofing on the beams in the space above the ceiling that
had been disturbed by various trades, with there being loose
asbestos lagging present there.

He insulated pipes in the boiler room and in the mechanical
rooms at that location, and recalled working near pipefitters
who were installing pipes, gaskets and valves. He worked near
plumbers and electricians who were disturbing fireproofing as
well as near sprinkler fitters who had‘to disturb the fire-
proofing in order to install their pipes.

Similar exposures occurred while employed by Napa Junior
College, Siefert & Rossi, and Plant Insulation (October, 1973
through December of that year, March, 1974 through March, 1976
and October, 1976 through February, 1977), working monthly on
an intermittent basis.

Similar exposures occurred while working for Owens-Corning
Fiberglas from April through October, 1976 for three or four
months, for Western MacArthur from January through March,
1974, for Combustion Engineering from February through March,
1977, where he worked at the PG&E Powerhouse repairing tubing
on a boiler while also working inside that structure where he
applied block and pipe insulation as well as cement. He
worked near welders and pipefitters installing valves, gas-
kets, pumps and pipes as well as near laborers sweeping up
debris.

He worked for Douglas Insulation from April through May, 1977,
for Consolidated Insulation from May, 1977 through January,
1981 for two to four weeks on an intermittent basis, occa-
sionally for one week, and for as long as two months, for
Insulation Specialties in 1981 at Alta Bates Hospital and
other East Bay locations including UC Berkeley and San Fran-
cisco locations including the Embarcadero in 1981 and at other
locations for that firm, with a tie-in job at Mare Island
Naval Shipyard.

He continued with Insulation Specialties in 1982, 1983 and
through 1986, again working near various trades, recalling
fireproofing being disturbed by control workers, sprinkler
fitters, ceiling tile installers and sheet metal workers at
the V.A. in San Francisco, for example, as well as experi-
encing/observing piping that contained a lot of old asbestosRE: ROBERT ROSS Page 11
November 6, 2012

insulation at the Jewish Home for the Aged in San Francisco in
1984.

Similar exposures occurred for that same firm at various loca-
tions in 1985 and 1986. :

He crawled around in confined ceiling spaces that contained
large amounts of old asbestos insulation at the Skaggs Island
Naval Facility in Vallejo, California and on the roof area at
Napa State Hospital, noting the presence of a lot of discarded
asbestos insulation, which he had to do in order to perform
his duties.

It was noted that he used a 3M paper mask at almost every job
site where he worked from 1960 to the end of his career, pro-
vided by his employers.

Non-occupational exposures included working on various automo-
biles which were listed beginning on Page 78.

He remodeled his family home in the 1970's in Napa, California
as well as in the early 1980's, tearing out and replacing
sheetrock. ‘

He drilled holes in the sheetrock and patched the holes with
joint compound, which he sanded after it had been applied. He
used Gold Bond joint compound.

He was a member of various unions, including the Mill Workers
Union, the Teamsters Union and Asbestos Workers Local 16 in
Alameda, California.

He first became aware that exposure to asbestos was a poten-
tial health hazard by word of mouth in the 1970's.

He took regular retirement in 1993.

For the Heat, Frost and Asbestos Workers Union Local 16 at
the Maritime Union for a day in 1960, he insulated domestic
hot water pipes and ducts, using asbestos-containing pipe
covering.

Other sites were covered in the Supplemental/Amended Responses
to Interrogatories.RE: ROBERT ROSS Page 12
November 6, 2012

It appears that he was last exposed at Napa State Hospital in
December, 1986 while working for Insulation Specialties. It
was said that he insulated pipes and ducts while crawling
around the roof area where there was a lot of discarded
asbestos insulation so that he could perform his work duties.

He applied CertainTeed insulation and Pabco insulation.

He worked near plumbers and pipefitters who were installing
pipes, gaskets and valves, as well as near drywall hangers

who were cutting and installing drywall and tapers who were
applying and sanding joint compound.

He worked near employees of Golden Gate Drywall who were
mixing, applying and sanding joint compound in his work area.

Dr. Alvin Schonfeld, a pulmonologist specializing in occupa-
tional lung disease, reported on 9/16/09.

Dr. Schonfeld obtained a history that the patient served in
the Army on Okinawa between 1954 and 1956, with unknown expo-
sures.

Reviewer’s Note: He also was at Fort Ord in Monterey for six-
teen weeks, and probably lived in asbestos-insulated barracks.

He claimed asbestos exposure due to asbestos mud and calcium
silicate at General Mills in 1952. He said that he didn’t
think that he was exposed to asbestos in the 1970's, which is
a statement that is rather unclear to me.

He was a truck driver between 1955 and 1957 and was a ware-
houseman at (sic) Philip Carey.

Philip Carey manufactured asbestos insulation where he felt
that he was exposed to asbestos in sweeping, moving and
dumping asbestos.

From 1959 to 1986, he worked out of Local 16 of the Asbestos
Workers Union from which he was sent to various job sites,
including refineries such as Chevron, Shell, Tosco, Union

and Phillips 66, as well as to various shipyards including
Willamette, Bechtel, AAA Machine Shop, Mare Island and Hunters
Point. He also worked in office buildings and other loca-
tions.RE: ROBERT ROSS Page 13
November 6, 2012

During those intervals, it was said that the patient regularly
stripped asbestos off pipes and boilers, and reapplied asbes-
tos. He would mix asbestos mud and would sweep up asbestos
using brooms and air hoses. He cut asbestos panels and worked
with asbestos gaskets, blankets, ropes and gloves.

He was exposed to asbestos dust from boilers, pumps, pipes,
condensers, furnaces, air compressors, turbines, Micarta,
Textolite or Bakelite, drywall, plaster, joint compound,
brakes, clutches, transmissions, gaskets, ceiling and floor
tiles, cables, wires, bagged or raw asbestos, siding, welding
products, packing, ropes, blankets and gloves.

He cleaned up asbestos using brooms, and worked in the
vicinity of other trades performing similar activities.

He believes that between 1952 and 1996, he was exposed to
asbestos “about 70% of the time.”

Starting in 1959, he started to wear a paper mask on a daily
basis, and wore a cartridge respirator twice.

Reviewer’s Note: If Mr. Ross retired in 1993, I’m not certain
how he was exposed through 1996, unless this is a typographic
error, and Dr. Schonfeld meant to say (or in fact said) 1986.

He smoked a pack per day on an intermittent basis from 1952 to
1982.

The patient had a history of asthma, hypertension, peptic
ulcer disease, arthritis, skin cancer and visual problems.

For the last ten years, he has been short of breath while
running and climbing stairs, and also has a cough and wheeze,
without mucus production.

He was on Effexor, Lisinopril and Hydrochlorothiazide.

His mother may have had lung cancer, but he is not certain of
this, although there is no family of colon cancer or chronic
respiratory disease.

On physical examination, the lungs were clear.

A high resolution CT scan (HRCT) of the chest performed at
Advanced Open MRI of Tucson on 3/26/09 revealed a slightRE: ROBERT ROSS Page 14
November 6, 2012

increase in interstitial infiltrates at both lung bases,
including parenchymal band formation with a slight increase in
nodular opacities seen at the lung bases. No pleural abnor-
malities were noted.

Pulmonary function studies showed a mild obstructive defect
with an FEV1/FVC ratio of 68%.

Dr. Schonfeld concluded that given the patient’s history of
significant exposures to asbestos in the workplace, the appro-
priate latency and x-ray findings as noted above, it was with
a reasonable degree of medical certainty that during his life-
time, Mr. Ross was diagnosed as having interstitial fibrosis
caused by bilateral pulmonary asbestos, and, with a reasonable
degree of medical certainty, these diagnoses were causally
related to his workplace exposures to asbestos.

He also had mild obstructive airway disease which might bene-
fit from the use of bronchodilators.

Dr. Schonfeld correctly noted that the patient was at in-
creased risk for the development of lung cancer, mesothelioma
and other non-pulmonary malignancies associated with asbestos
exposure, and should be advised to have a yearly chest x-ray,
pulmonary function screening and screening for G.I. tract
malignancy.

The patient should be advised that chest x-rays and pulmonary
function may deteriorate even in the absence of further expo-
sure to asbestos, and should be advised to avoid any and all

tobacco-containing products.

Pulmonary function studies revealed a normal diffusion capac-
ity for carbon monoxide.

In a 4/23/11 clinical note, Dr. David Schwartz reviewed
pathology and radiology reports as well as medical records,
including his own (4/14/11) as well as those of the Arizona
Oncology Associates, Bend Memorial Clinic, Eldorado Medical
Association, Gastroenterology Associates, Dr. Arnold Hollander
and St. Joseph’s Hospital. He also reviewed Answers to Stand-
ard Asbestos Case Interrogatories.

Dr. Schwartz commented that in his previous note, he concluded
that Mr. Ross developed asbestosis caused by combined exposure
to asbestos.RE: ROBERT ROSS Page 15
November 6, 2012

The patient was 74 years old, and had a history of anxiety,
depression and hypertension.

He presented with rectal bleeding in 2007 with colonoscopy
being unremarkable.

However, he developed lower G.I. bleeding in 2010, with
colonoscopy demonstrating a left-sided malignancy.

He underwent sigmoid resection on 11/8/10, with an invasive
moderately differentiated adenocarcinoma of the sigmoid colon
being identified, with negative nodes.

The patient denied a family history of colon cancer, and was
evaluated by Dr. Boxer on 12/1/10 who decided to observe Mr.
Ross and not treat him with chemotherapy.

Dr. Donald Breyer, an ILO “B” reader (Dr. Schonfeld is also a
certified ILO “B” reader), evaluated the patient’s HRCT scan
from 5/22/06 and concluded that Mr. Ross had pleural plaque.

Dr. Daniel Raybin evaluated Mr. Ross on 6/11/10 and concluded
that Mr. Ross had asbestos-induced pleural disease.

A high resolution CT scan on 3/26/09 demonstrated an increase
in basilar infiltrates with parenchymal band formation and
nodular opacities according to Dr. Schonfeld (9/16/09), who
concluded that the patient had asbestosis.

The patient smoked one pack per day from age 15 to age 46,
though he was exposed to asbestos while working at General
Mills in 1952, as a warehouseman from 1958 to 1959 and while
working in various jobs for the Asbestos Workers Union from
1959 to 1986 (Reviewer’s Note: This comes from the report of
Dr. Schonfeld, as noted above).

Dr. Schwartz concluded that the patient has asbestosis along
with colon cancer that was caused in part by his exposure to
asbestos, with those conclusions being made on a more likely
than not basis.

Dr. David Schwartz, in a 12/28/10 note, reviewed the medical
records of Dr. Raybin and Dr. Schonfeld, with Dr. Schwartz
concluding that the patient has asbestosis on a more likely
than not basis.RE: ROBERT ROSS Page 16
November 6, 2012

Reviewer’s Note: He amended his report on 4/23/11, when he
also expressed an opinion that the patient's colon cancer was
in part due to his asbestos exposure.

Dr. Breyer’s 5/20/09 report was reviewed, in which he reviewed
the HRCT scan performed on 3/26/09, interpreting the findings
as showing increased profusion of ill-defined centrilobular
nodule opacities, with a subcentimeter nodular density present
in the right posterolateral lung field on Image #17.

He found findings in the parenchyma that were compatible with
mild interstitial fibrosis, with the distribution and appear-
ance being compatible with asbestos-related interstitial fi-
brosis.

Further evaluation of the nodule in the right lung was felt to
be indicated.

In his 5/22/06 report, Dr. Breyer reviewed an HRCT scan, al-
though he notes that the lack of high resolution images limits
evaluation for interstitial fibrosis.

He described thin sections supine high resolution images, but
described the study as a CT scan of the chest.

This is confusing.

He noted left anterior chest wall pleural plaque formation,
consistent with asbestos-related pleural disease, with benign
appearing nodular densities within the right lung.

The patient was evaluated by Dr. Daniel Raybin, with his
report being dated 6/11/07, with Dr. Raybin initially
obtaining the patient’s smoking history, which appears to be
31 pack-years, with Mr. Ross quitting in 1982.

The patient had experienced progressive exertional dyspnea for
the past ten years, becoming breathless after climbing several
flights of stairs, walking uphill and with sexual activity.

He notes occasional cough with a history of bronchitis that
can last a week or two, with that occurring on a yearly basis,
although he never had pneumonia.

He had childhood asthma that resolved by the time he was in
high school, but he still has allergic rhinitis.RE: ROBERT ROSS Page 17
November 6, 2012

A CT scan of the chest for asbestos screening revealed pul-
monary nodules in September, 2005, but a repeat CT scan was
stable three months later, as was a CT scan obtained three
months prior to seeing Dr. Raybin.

He was on medication for anxiety and depression, but doesn’t
recall its name.

He had surgery for Dupuytren’s contracture bilaterally, along
with a tonsillectomy.

His father died at age 90 of pneumonia after falling. His
mother died of unknown cause. He had no siblings. His father
was hypertensive.

The systemic review was positive for ulcer at age 27, with
occasional heartburn. He passed a kidney stone and has noc-
turia times one or two per night.

Dr. Raybin reviewed the Answers to Interrogatories with the
patient, which is as noted above.

Dr. Raybin pointed out that although the Answers to Inter-
rogatories stopped in 1986, Mr. Ross worked as an insulator
through 1993.

Dr. Raybin notes that by the mid-1980’s, new insulation no
longer contained asbestos, though Mr. Ross continued to have
asbestos exposure from old asbestos.

His last full-time employer was Owens-Corning Fiberglas. He
would crawl in ceilings where there was asbestos in ceiling
tiles. There were times when he had to crawl over asbestos-
insulated pipes, disturbing the insulation as he did so. He
also worked underneath buildings.

After 1993, he continued to do part-time work for OCS and Ecco
Insulation. The older buildings in which he worked still had
pre-existing asbestos-containing insulation, and Mr. Ross
recalled working in old buildings in the Oakland area in the
1990's when working part-time.

He fully retired in 1998 at age 62.RE: ROBERT ROSS Page 18
November 6, 2012

On physical examination, he weighed 226 with an increased
pulse at 96 beats per minute. His pressure was elevated at
165/80 and his respiratory rate was increased at 20.

Examination of the lungs revealed bibasilar rales and occa-
sional rhonchi.

Reviewer's Note: Bibasilar rales are consistent with asbes-
tosis.

Pulmonary function studies at St. Mary’s Medical Center
revealed mild obstruction to airflow with slight response to
bronchodilator administration.

The FEV1/FVC ratio was 75% of predicted after bronchodilator
administration, being decreased at 69% before bronchodilator
administration.

Vital capacity was normal and residual volume and total lung
capacity were increased, indicative of hyperinflation. The
residual volumes/total lung capacity ratio was increased,
indicating air trapping.

Carbon monoxide diffusing capacity was decreased at 62% of
predicted, but the alveolar volume VA, measured on the single
breath test was much lower than the total lung capacity
measured by body plethysmography, suggestive of incomplete
equilibrium during the test.

Pulse oximetry was 98% at rest, decreasing minimally to 95%
after exercise.

Dr. Raybin then reviewed medical records as noted above.

As to the reading by Dr. Breyer of the HRCT scan of the chest
dated 8/29/05, Dr. Raybin concurred with the finding of
pleural plaque, but found no evidence of emphysema or inter-
stitial lung disease.

As to the report by Dr. Andrew Royster in Tucson, Arizona, Dr.
Royster compared the images (what scan was performed was not
indicated), with Dr. Royster comparing the scan with that of
8/29/05, he found several non-calcified nodules including a 5
mm. right upper lung nodule, a 5 mm. nodule at the right lung
base and smaller 2 mm. nodules in the lower lobes.RE: ROBERT ROSS Page 19
November 6, 2012

All the nodules were stable and were non-calcified, although
stability should be demonstrated with a period of two years.

There were low attenuation lesions in the liver, probably
representing cysts, with a low attenuation lesion in the left
adrenal gland.

Dr. Raybin diagnosed asbestos pleural disease with an area of
left chest wall pleural plaque on CT scans of the chest.

He also noted chronic obstructive pulmonary disease, docu-
mented on pulmonary function testing and small pulmonary
nodules of unknown cause.

He was felt to have reached maximal medical improvement, given
his slowing progressive symptoms of exertional dyspnea.

Dr. Raybin found the latency for the last injurious exposure
to asbestos to be ten years, with Mr. Ross first being noted
to have pleural plaque in 2005, so that all of his exposures
on a cumulative basis through 1995 contributed to his pleural
plaque, with Mr. Ross indicating continued exposure on an
ongoing basis (to asbestos) through 1998.

His COPD was said to have been caused by cigarette smoking.

He found the patient had 10% whole person impairment under
or within Chapter 5 of the AMA Guides, although he didn’t
identify the table used. I believe that it is 5-12.

The patient was at increased risk for lung cancer because of
his history of smoking and asbestos exposure, with the patient
having multiple pulmonary nodules.

Those nodules should be followed until it is assured that they
are stable, requiring monitoring for two years.

The patient was in need of periodic CT scans of the chest
until stability has been demonstrated.

He was also at risk for developing asbestosis and meso-
thelioma, with annual chest x-rays and pulmonary function
tests to be obtained.

Reviewer’s Note: The patient was also at risk for non-
pulmonary asbestos-related malignancies.RE: ROBERT ROSS . Page 20
November 6, 2012

100% of the patient’s pulmonary impairment was due to chronic
obstructive pulmonary disease caused by cigarette smoking,
with no impairment due to his limited asbestos pleural
disease, according to Dr. Raybin.

The patient’s serial CT scans of the chest were as noted above
by Dr. Raybin and Dr. Schwartz.

Pulmonary function studies at Bend Memorial Clinic Pulmonary
Function Lab on 9/2/05 revealed possible mild obstructive
ventilatory defect with response to acute bronchodilator
administration.

There is a 5/22/06 report from the office of Dr. Donald Breyer
which references a CT scan of the chest, but no date of exami-
nation was noted.

High resolution images were obtained and revealed a calcified
5 mm. nodule in the right mid-lung field, seen on Image #141.

Chest wall pleural plaque was present on the left anterior
chest wall on Images #99-109.

Benign appearing smaller nodular densities were also noted.

Dr. Breyer noted, “Lack of high resolution images limits
evaluation for interstitial fibrosis,” if he described the
study as including “thin-section supine high resolution images
obtained through the chest and upper abdomen.”

Left anterior chest wall pleural plaque was consistent with
asbestos-related pleural disease with other benign appearing
nodular densities as noted above. There was a possible left
adrenal mass with further evaluation being recommended if
clinically indicated (Reviewer’s Note: These were repeatedly
stable on follow-up studies).

Focal liver hypodensities were noted, probably representing
liver cysts.

The patient was seen by Dr. Marc Jacobs on 6/23/06 with a
notation as to follow-up CT scans regarding pulmonary nodules
previously identified, with the most recent CT scan being in
December, 2005, with that being stable.RE: ROB