ALAN R. BRAYTON, ESQ., S.B. #73685
`DAVID R. DONADIO, ESQ., S.B. #154436
`NANCY T. WILLIAMS, ESQ., S.B. #201095
`NWilliams@braytonlaw.com
`BRAYTON˜PURCELL LLP
`Attorneys at Law
`222 Rush Landing Road
`P.O. Box 6169
`Novato, California 94948-6169
`(415) 898-1555
`(415) 898-1247 (Fax No.)
`Attorneys for Plaintiff
`
`
`
`
`SUPERIOR COURT OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`12/12/2019
`Clerk of the Court
`BY: NADITA MASON
`Deputy Clerk
`
`NATHAN TALLEY,
`Plaintiff,
`
`vs.
`GEORGIA-PACIFIC LLC (DELAWARE),
`et al.,
`
`Defendants.
`
` )
` )
` )
` )
` )
` )
` )
` )
` )
` )
`
`
`ASBESTOS
`No. CGC-17-276623
`DECLARATION OF NANCY T.
`WILLIAMS IN SUPPORT OF
`APPLICATION FOR ENTRY OF
`DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING
`COMPANY, INC., PARAMOUNT LATH
`& PLASTER CO., AND RDI
`CORPORATION (FKA REEDER
`DEVELOPMENT CORPORATION)
`
`Date: February 13, 2020
`Time: 9:00 a.m.
`Dept.: 514, Hon. Gail DeKreon
`Trial Date: Not Applicable
`Action Filed: October 10, 2017
`
`I, Nancy T. Williams declare:
`1. I am 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 plaintiff 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 NATHAN TALLEY's ("Plaintiff") asbestos related injury and illness and the
`economic damages and non-economic damages in this case:
`///
`
`1
`K:\Injured\115988\PLD\Decl NTW mtn dflt judg MULTI.wpd
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
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`NOVATO, CALIFORNIA 94948-6169
`
`(415) 898-1555
`
`P O BOX 6169
`
`BRAYTON˜PURCELL LLP
`
`ATTORNEYS AT LAW
`
`222 RUSH LANDING ROAD
`
`
`

`

`SUMMARY OF DOCUMENTARY EVIDENCE
`
`Detail
`Medical Report of XMED
`Request for Default Judgment, Proof of Service
`and Statement of Damages .
`
`Request for Default Judgment, Proof of Service
`and Statement of Damages .
`
`Request for Default Judgment, Proof of Service
`and Statement of Damages .
`
`Declaration of Frank Ganzhorn, M.D.
`Testimony of Plaintiff
`Declaration of James P. Nevin
`Worksite Product identification and summary
`of work place exposure
`
`C.
`D.
`E.
`F.
`
`B2.
`
`B3.
`
`Exhibit Category
`A.
`Medical Report
`B1.
`Proof of Default, Service of
`Summons, and Damages Ceiling
`as to KEHOE PLASTERING
`COMPANY, INC.
`Proof of Default, Service of
`Summons, and Damages Ceiling
`as to PARAMOUNT LATH &
`PLASTER CO.
`Proof of Default, Service of
`Summons, and Damages Ceiling
`as to RDI CORPORATION
`(FKA REEDER
`DEVELOPMENT
`CORPORATION)
`Future Medical Damages
`Non-Economic Damages
`Non-Economic Damages
`Work history
`
`G.
`H.
`
`I.
`
`J.
`
`Non-Medical Economic Damages Report of Economist
`Operative Complaint
`The Complaint, filed October 10, 2017.
`upon which the Defendants were
`Defaulted
`DOE Amendment as to DOE 301
`and DOE 302
`
`Copy of Order allowing Amendment to
`Complaint to identify DOE 301 as Defendant
`KEHOE PLASTERING COMPANY, INC and
`DOE 302 as Defendant PARAMOUNT LATH
`& PLASTER CO.
`DOE Amendment as to DOE 305 Copy of Order allowing Amendment to
`Complaint to identify DOE 305 as Defendant
`RDI CORPORATION (FKA REEDER
`DEVELOPMENT CORPORATION)
`
`3. This action for damages arises from the asbestos related injury of plaintiff, a career
`Drywall Carpenter, who is 83 years old. Plaintiff filed a complaint for personal injury naming
`Defenfants KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER
`CO., and RDI CORPORATION (FKA REEDER DEVELOPMENT CORPORATION)
`2
`K:\Injured\115988\PLD\Decl NTW mtn dflt judg MULTI.wpd
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
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`
`

`

`(hereinafter “defendants”) among others. The complaint sets forth work history of plaintiff
`evidencing plaintiff’s exposure to asbestos caused by defendant. The operative summons,
`complaint and Statements of Damages was served on defendants and defendants have each failed
`to defend or otherwise appear in this action. Plaintiff has filed proofs of service of summons on
`defendants as well as a requests for entry of defaults and Statements of Damages.
`4. Plaintiff was diagnosed with and suffers from Asbestosis and Pleural Disease caused
`by plaintiff's exposure to asbestos for which defendants are liable. As evidence of plaintiff's
`personal injury, plaintiff submits the report of plaintiff’s medical expert, XMED, attached hereto
`as Exhibit "A."
`5. Plaintiff had an exposure / work history that included exposure to asbestos containing
`products. Defendants caused said exposure. Plaintiff's work history was detailed in the Exhibit
`A attached to the complaint. The exposure relevant to this application for default judgment is
`summarized as follows: Plaintiff's work history, attached in Exhibit A to the Complaint, shows
`exposure to asbestos containing product caused by defendante.
`Plaintiff brought this action against defendants for personal injury alleging causes of
`action for Negligence, Strict Products Liability, False Representation, and/or Premises Owner /
`Contractor Liability.
`Plaintiff was exposed to asbestos containing products supplied by defendants and/or
`installed and/or disturbed by said defendants as a contractor or supplier. 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. 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.
`///
`
`3
`K:\Injured\115988\PLD\Decl NTW mtn dflt judg MULTI.wpd
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
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`

`

`Economist Barry Ben-Zion opines that the normal life expectancy of someone the age of
`the injured party would be until 2026. That is in 7 more years. A true and accurate copy of the
`report of said economist, and accompanying declaration, is attached to the Declaration of Nancy
`T. Williams as Exhibit "G."
`The total annual medical monitoring of $1,600.00 per year multiplied by 7 more years is
`$11,200.00.
`Dr. Ganzhorn opines that a CT with High Resolution Scans occur ever two years
`b.
`at $1,800.00 per scan. Plaintiff's life expectancy, divided by two (to reach a biennial figure),
`equals 3.5 more years. The cost of $1,800.00 for CT exams multiplied by 3.5 more years is
`$6,300.00.
`Dr. Ganzhorn opines that, in addition to these annual and biennial costs, the
`c.
`following procedures are also required: An initial complete pulmonary evaluation ($1,500.00), a
`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 $72,000.00
`(a+b+c).
`7. Plaintiff has testified, in accordance with CACI 3905A, 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. Plaintiff's testimony is attached hereto as Exhibit "D."
`8. In further support of plaintiff’s reasonable request for non-economic damages,
`plaintiff’s counsel, James P. Nevin, has provided a declaration detailing typical jury non-
`economic damages verdicts for cases (Exhibit "E").
`9. 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
`"F." This exhibit includes further explanation of how the defendants are responsible for the
`exposure. This is done in response to the Court's request that counsel provide increased detail in
`the presentation of "Work and Exposure History" in the default prove-ups packets. Particularly,
`4
`K:\Injured\115988\PLD\Decl NTW mtn dflt judg MULTI.wpd
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
`JMD
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`

`

`the Court has requested that the defaulted defendants be identified in the history, and that counsel
`include an explanation of how the defendants are responsible for the exposure. This exhibit is
`comprised of a summarized work history as to just the defendants that are the subject of this
`prove-up. Attached to, and part of this exhibit is the "Exhibit A," showing the extended work
`and exposure history for the injured party. Counsel provides the attached as a summary of the
`relevant exposure summary only for context for the Court, but such evidence is not required at
`all. There is no requirement to prove liability, because through the entry of default, defendants
`admit all the material allegations in the operative complaint. Defendants have each failed to
`appear despite being properly served with the Summons, Complaint and Statements of Damages.
`Defendants have each deliberately waived the right to their day in court. By sufficient evidence,
`it is shown defendants are each liable and therefore plaintiff should be granted a default
`judgments. The Court must enter judgments even if no presentation as to liability have been
`provided whatsoever.
`10. A true and accurate copy of the Report of Economist Barry Ben-Zion is attached
`hereto as Exhibit "G" and provides evidence of plaintiff's damages for loss of earnings and/or
`loss of household services.
`11. The title of the operative complaint, upon which defendant was default is the
`Complaint. It was filed on October 10, 2017. A true and accurate copy of this operative
`complaint is attached hereto as Exhibit "H" .
`12. The relevant procedural history as to each defendant is summarized as follows:
`On October 10, 2017, Plaintiff filed the Complaint naming DOE 301, 302, and 305
`(among others) as a Defendants.
`On March 7, 2018, the Court entered its Order granting leave to file an Amendment
`identifying DOE defendants, including DOE 301 and DOE 302. Plaintiff subsequently filed a
`DOE Amendment to designate Defendant KEHOE PLASTERING COMPANY, INC. as the true
`name for Defendant DOE 301 and to designate Defendant PARAMOUNT LATH & PLASTER
`CO. as the true name for Defendant DOE 302. A copy of this order is attached hereto as Exhibit
`"I".
`
`5
`K:\Injured\115988\PLD\Decl NTW mtn dflt judg MULTI.wpd
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
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`

`

`On July 10, 2018, the Court entered its Order granting leave to file an Amendment
`identifying DOE defendants, including DOE 305. Plaintiff subsequently filed a DOE
`Amendment to designate Defendant RDI CORPORATION (FKA REEDER DEVELOPMENT
`CORPORATION) as the true name for Defendant DOE 305. A copy of this order is attached
`hereto as Exhibit "J".
`Service as to Defendant KEHOE PLASTERING COMPANY, INC.
`On April 6, 2018, defendant was served with Summons, Complaint and Statements of
`Damages.
`On XPROOF1, plaintiff filed Proof of Service.
`On July 18, 2018, Request for Entry of Default was filed and was granted by the Clerk of
`
`Court.
`
`On July 18, 2018, the Statement of Damages was filed with the Clerk of Court.
`Service as to Defendant PARAMOUNT LATH & PLASTER CO.
`On April 13, 2018, defendant was served with Summons, Complaint and Statements of
`Damages.
`On July 9, 2018, plaintiff filed Proof of Service.
`On July 24, 2018, Request for Entry of Default was filed and was granted by the Clerk of
`
`Court.
`
`On July 24, 2018, the Statement of Damages was filed with the Clerk of Court.
`Service as to Defendant RDI CORPORATION (FKA REEDER DEVELOPMENT
`CORPORATION)
`On October 16, 2018, defendant was served with Summons, Complaint and Statements of
`Damages.
`On January 14, 2019, plaintiff filed Proof of Service.
`On January 14, 2019, Request for Entry of Default was filed and was granted by the Clerk
`of Court.
`On January 14, 2019, the Statement of Damages was filed with the Clerk of Court.
`
`///
`
`6
`K:\Injured\115988\PLD\Decl NTW mtn dflt judg MULTI.wpd
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC., PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
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`

`

`fi____fl
`
`p-n
`
`2
`
`3
`
`4
`
`13. Amendments to add parties do not materially change the substance 'of the causes of
`
`action plead against defaulted Defendants.
`
`14. 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
`
`5 Dismissal hearing before the department managing asbestos litigation. Nevertheless, Plaintiff
`
`6
`
`7
`
`8
`
`9
`
`dismissed the unused DOE defendants on November 27. 2019.
`
`15. 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 defendants KEHOE PLASTERING COMPANY, INC.,
`
`10 PARAMOUNT LATH & PLASTER CO., and RDI CORPORATION (FKA REEDER
`
`11 DEVELOPMENT CORPORATION) is the only aspect remaining as to the status of defendants
`
`in this action. The granting of this application for default judgments 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 correct.
`
`Executed on December 10, 2019 at Novato, California.
`
`
`
`12
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`7
`K.\In'ured\l l5938\PLD\Decl NTW mln dfll 'udg MULT] wed
`DECLARATION OF NANCY T. WILLIAMS IN SUPPORT OF APPLICATION FOR ENTRY OF DEFAULT JUDGMENT AGAINST
`DEFENDANTS KEHOE PLASTERING COMPANY, INC, PARAMOUNT LATH & PLASTER CO., AND RDI CORPORATION (FKA
`REEDER DEVELOPMENT CORPORATION)
`
`.IMD
`
`
`
`
`
`

`

`
`
`IIIIIIII
`
`
`
`

`

`Daniel J. Bressler, MR, EA.C.P.
`501 Washington Street, Suite 705
`San Diego, California 92103
`619-298-0256 0 Fax 619-688-1836
`
`June 5, 2018
`
`Kimberly Eliasson, Medical Coordinator
`Brayton Purcell
`PO. Box 6169
`
`Novato, CA 94948-6169
`415-898-1555
`
`INDEPENDENT MEDICAL EVALUATION
`
`TALLEY, Nathan
`RE:
`DOE: 051'08/13
`
`Dear Ms. Eliasson:
`
`At your request, I had the opportunity to evaluate Mr. Talley in my office on the above-listed date
`regarding his claim of asbestos exposure.
`
`EMPLQYMENT HISTQRY: He reported that his last employer was Drywall Mechanics, where
`he worked for two years, stopping in the early 1980s. He was a drywall finisher, performing
`sanding, spraying, and texturing. He was exposed to asbestos in the materials used there. Prior to
`that, he worked for Light Steel for approximately one year and Jim Bales Drywall for approximately
`two years. Going back to the 1966 through 1979 time period, he worked for numerous various
`drywall companies, doing all the work he did for Drywall Mechanics, including finishing, sanding,
`spraying, and texturing, all involving asbestos-containing materials. He noted that exposure to dust
`was his main exposure during the time period he worked as a drywaller. He rarely wore a face
`mask, and never wore other persooal protection.
`
`Prior to working as a drywaller he was in the U.S. Air Force, where he worked as an Air Force
`flight engineer and mechanic. During that time, he was exposed to some fine particulates from
`grinding, as well as to fumes and dust. He was also exposed to asbestos from brake pads on
`aircrafis he worked on.
`
`
`
`

`

`
`
`
`Independent Medical Evaluation
`Page 2
`June 5, 2018
`
`RE: TALLEY, Nathan
`
`ASBESTOS-RELATED EALTH ISSUES: As part of a union screening program while he was
`still working, he had x-rays and pulmonary filnction testing performed. He was told that he had
`some kind of asbestos-related lung disease.
`
`He is currently followed by the VA medical system; however, his physicians at the VA have not
`told him of having any asbestos-related lung disease. He stated that he had been diagnosed with
`pneumonia five times in the past three years. He has no history of lung or gastrointestinal cancer;
`however, does have a history ofprostate cancer, with his prostate surgically removed in 2007.
`
`NARY IRRITANTS: He stated that he smoked approximately
`TO P
`OT R EXPO
`one pack of cigarettes daily between the ages of 16 and 30, and then quit. He never smoked pipes
`or cigars, and never used chewing tobacco. He reported that both parents had been smokers, and
`one of his domestic partners, whom he lived with for 16 years, was a smoker.
`
`PRESENT SYMPT MS:
`
`1.
`
`2.
`
`3.
`
`Shortness of breath, noting how ofien his exercise tolerance is stopped by shortness of
`breath "dependson the day,“ and on the "best days,“ he will be able to walk very slowly for
`approximately five or ten blocks, and on "bad days,“ he can only walk approximately one
`block prior having to stop and rest. The symptoms have been worsening over the past six
`months. His shortness of breath is also worsened by environmental allergens and exposure
`to irritants, such as smoke.
`
`Chronic cough.
`
`Chronic thick mucus production.
`
`PRESENT TREATMENT: Symbicort inhaler, two puffs twice daily.
`prescribed a rescue inhaler, but does not currently use this.
`
`In the past, he was also
`
`OTHER PAST MEDICAL HISTORY:
`
`Hypertension. Coronary heart disease, noting he had five heart
`Ongoing Medical Problems:
`attacks in the past. Atrial fibrillation. Edema. Transient ischemic attacks. Sleep apnea.
`
`Medications for Above: Metoprolol, spironolactone, and furoscmide. He also uses CPAP.
`
`Past Surgeries: Appendectomy in 1954. Shoulder surgery in 2006. Right inguinal hernia repair in
`2007. Prostatectorny in November 2007. Coronary artery bypass graft surgery in November 2008.
`
`
`
`
`
`

`

`Independent Medical Evaluation
`Page 3
`June 5, 2018
`
`HEALTH HABITS:
`
`Tobacco: See above.
`
`RE: TALLEY, Nathan
`
`Alcohol: Three to four drinks one day per week, noting that on Sundays he will have three or four
`beers; he stated this had been his pattern for many years.
`
`Recreational Drugs: Present - None. Past ~ None.
`
`Exercise: Thirty minutes per day; however, he states that exercise is very difficult due to shortness
`of breath.
`
`Remarkable for hearing loss, dry mouth, urinary urgency, urinary
`REVIEW OF SYSTEMS:
`frequency, kidney stones, calf cramps, easy bruising, and brittle nails. The review of systems was
`otherwise negative in detail except for those problems mentioned above.
`
`PHYSICAL EXAMINATION:
`
`General: Friendly and cooperative, in no acute distress.
`
`Vital Signs: Height 6 feet
`Resting reSpirations 20.
`
`Skin: Slight easy bruising.
`
`1 inches. Weight 257 pounds. Blood pressure 122f60. Pulse 50.
`
`Lymph Nodes: Benign cervical, supraclavicular, axillary and inguinal locations.
`
`HEENT: Head normocephalic, atraumatic. Eyes without lesions, normal pupillary response,
`extraocular motions intact. Normal external ears and distal canals. Patent nares without lesions.
`
`Voice normal. Pharynx benign, without redness, exudates, or ulcerations. Normal lips, teeth,
`tongue, and gingiva.
`
`Anterior Neck: Without goiter, bruit or jugular venous distention.
`
`Spine: Full range of motion of cervical and lumbosacral areas. No significant scoliosis or
`tendemess.
`
`Chest Wall: Large healed sternotorny scar.
`
`Lungs: Diminished air movement. Decreased breath sounds. No obvious dry crackles.
`
`
`
`
`
`

`

`
`
`Independent Medical Evaluation
`Page 4
`.1one 5, 2018
`
`RE: TALLEY, Nathan
`
`PHYSICAL EXAMINATION: (continued)
`
`Heart: Distant tones. Irregular rhythm.
`
`Abdomen: Soft, without organomegaly, masses, tenderness or ascites. No costovertebral angle
`tenderness.
`
`Extremitics: There was 2+ edema. Pulses 1+.
`
`Neurologic: Benign, nonfocal, and physiologic.
`
`CARDI PULM NARY S
`
`IES:
`
`l.
`
`2.
`
`3.
`
`3.
`
`EKG: Atrial fibrillation, frequent premature ventricular contractions, left axis deviation,
`and ventricular bigeminal rhythm. Conclusion: EKG significantly abnormal.
`
`Exercise Oximetry: Oxygen saturation 97 percent at baseline, dropping to 95 percent
`with three minutes of exercise in the office, and returning to 97 percent in recovery.
`
`Spirometry: Baseline spirometry showed forced vital capacity 2.98 liters, 67 percent of
`predicted; FEV1 1.83 liters, 53 percent of predicted. After bronchodilator, FVC was 3.15
`liters, 71 percent of predicted, a 5 percent increase; FEV1 2.02 liters, 59 percent, a 10
`percent
`increase.
`Conclusion:
`Overall,
`findings showed moderately severe
`obstruction, with probable significant reversal after albuterol administration.
`
`Diffusion capacity performed at Scripps Mercy Hospital Respiratory Pulmonary
`Function Laboratory in San Diego:
`
`A.
`
`B.
`
`DLCO corrected for alveolar volume and hemoglobin was 3.04, 97 percent of
`predicted for body size and age. Conclusion: DLCO within normal limits.
`
`Lung volumes showed measurements of total
`residual capacity of over 100 percent of predicted.
`
`lung capacity and functional
`
`REVIEW QF REQQRDS:
`
`Daniel Powers, MD.
`I
`10/17/11:
`CT Scan.
`plaquing at this time.
`
`Assessment: No definitive radiographic evidence of asbestos or
`
`
`
`
`
`

`

`
`
`Independent Medical Evaluation
`Page 5
`June 5, 2018
`
`RE: TALLEY, Nathan
`
`EEVIEW QF REQQRDS: (continued)
`
`1) Multiple small mediastinal lymph nodes. 2) A
`Spiral HRCT. Assessments:
`01109117:
`1.2 cm hole in the left mid lung zone, nodule versus scar. 3) Limited bilateral pleural plaque
`formation characteristic of prior asbestos exposure. [On an attached handwritten form was
`noted, "Parenchymal changes and pleural plaquing characteristic of the high resolution CT
`scan diagnosis of asbestosis."]
`
`St. John‘s Regional Medical Center.
`11
`06126116:
`Admission
`History and Physical. Reported shortness of breath and coughing
`up blood. History of tobacco abuse, noting an 18-year smoking history, quitting at age 30.
`Chrome productive cough for approximately two months. On Eliquis for the past two or three
`months due to atrial fibrillation Denied orthopnea. On exam, oxygen saturation 97 percent on
`1.5 liters of oxygen via nasal cannula.
`Lungs with scattered rhonchi, no wheezes.
`Assessments:
`l) Sepsis with bilateral
`lower lobe pneumonia.
`2) Chronic obstructive
`pulmonary disease without acute exacerbation.
`06126116:
`Chest X—ray. Findings: Stable cardiomegaly with congestive heart failure.
`06126116:
`CT Angiogram of the Chest. Findings:
`1) Worsened bilateral lower lobe and
`right middle lobe infiltrates, consistent with pneumonia. 2) No pulmonary embolism. 3) No
`bulky adenopathy or pleural effusion.
`l) Cough with major hemoptysis.
`06128116:
`Discharge Summary. Discharge Diagnoses:
`2) Shortness of breath.
`3) Chronic obstructive pulmonary disease.
`4) Bronchitis.
`5)
`Community-acquired pneumonia. History of tobacco abuse, coronary artery disease, prior
`stroke, and paroxysmal atrial fibrillation. Currently breathing well on room air. Opined the
`hemoptysis was secondary to pneumonia, as well as from anticoagulation for atrial fibrillation.
`Discharge medications included losartan, levofloxacin, multivitamin, formoterol, mometasone
`inhaler, Tramadol, albuterol inhaler p.r.n. apixaban.
`
`VA Medical Clinic.
`i_I_I_
`09115116:
`PN. Back pain. Urinary tract infection. Weight 251, oxygen saturation 95
`percent on room air.
`10112116:
`PN. Hypertension. Status post coronary artery bypass graft surgery. Taking
`albuterol, apixaban, budesonide fonnoterol inhaler, hydrochlorothiazide, losartan, metoprolol,
`omeprazole. Weight 250. Lungs clear.
`02101117:
`PN. Seen for shortness of breath and ankle swelling. Oxygen saturation 100
`percent on room air. Added Symbicort and furosemide.
`02113117:
`PN. Denied tobacco use. Taking budesonide, formoterol inhaler, furosemide,
`metoprolol, spironolactone, and warfarin. On exam, weight 258. Lungs clear. Assessments: l)
`Bilateral lower leg swelling. 2) Atrial fibrillation, on Coumadin. Adjusted dose of furosemide.
`
`
`
`
`
`

`

`
`
`Independent Medical Evaluation
`Page 6
`June 5, 2018
`
`RE: TALLEY, Nathan
`
`REVIEW OF RECORDS: (continued)
`
`Chest X-ray. Findings: No evidence of an acute cardiopulmonary process.
`02101117:
`PN. Complaints of a one-week history of cough, shortness of breath. Cough
`03131117:
`with blood-streaked phlegm, as well as fever and night sweats. History of coronary artery
`bypass graft surgery, aortic valve replacement, and atrial fibrillation.
`0n exam, oxygen
`saturation 98 percent on room air. Assessments:
`1) Irregular heart rate. 2) Inspiratory and
`expiratory wheezes with coarse crackles in the left lung. Given DuoNeb, Augmentin, and
`Robitussin.
`
`1) Cardiomegaly. 2) Prominent upper lobe vessels,
`Chest X—ray. Findings:
`03131117:
`raising the possibility of pulmonary venous hypertension. 3) Subsegmental atelectasis in the lett
`lung base.
`Transthoracic Echocardiogram. Weight 259. Findings: 1)
`11/16/17:
`fraction. 2) Severely dilated lefi atrium. 3) Atrial fibrillation.
`
`Normal ejection
`
`Standard asbestos interrogatories dated 0130118.
`13/;
`Camplaints of continuous shortness of breath, coughing, and fatigue.
`16:
`Diagnosed with asbestos and asbestos-related pleural disease in January 2017.
`17:
`Prior tobacco use of one and a-half packs of cigarettes daily from 1953 to 1966.
`23:
`Employment history as follows:
`26:
`1953-1957: US. Air Force. Worked as an aircraft mechanic. Replaced asbestos gaskets in
`aircraft engines and replaced asbestos-containing aircraft brake shoes.
`1957-1958:
`Camarillo State Mental Hospital. Worked as a psychiatric technician. Unaware
`of asbestos exposure.
`1950s: Frank’s Auto Repair. Removed and replaced Raybestos asbestos brakes.
`1960s: Wyatt Decker. Worked as a drywaller. Was exposed to asbestos-containing stucco
`materials.
`
`Chase Brothers Dairy. Worked as a maintenance mechanic. Tightened asbestos
`1960-1963:
`gaskets on a boiler, which produced a lot of dust.
`1964-1965: Hurst Concrete Products. Worked as a welder. Unaware of asbestos exposure
`there.
`
`1965-1966: Avenue Machine Shop. Worked as a machinist. Did use asbestos gloves.
`1966-1969:
`Bales Drywall. Worked as a drywall finisher. Worked close proximity to
`drywall, cutting and installing asbestos-containing Kaiser gypsum.
`1969-1972:
`Preferred Drywall. Worked as a drywall finisher. Applied and sanded premixed
`joint compounds. Was exposed to asbestos during this process.
`1969-1973:
`Color Trend, lnc. Worked as a drywall finisher. Worked in close proximity to
`plaster, mixing and spraying asbestos-containing plaster.
`1969: Diamond Drywall. Worked as a drywall finisher. Was exposed to asbestos during this
`employment.
`
`
`
`
`
`
`
`
`

`

`
`
`Independent Medical Evaluation
`Page 7
`June 5, 2018
`
`RE: TALLEY, Nathan
`
`REVIEW OF REQORDS: (continued)
`
`1970s: David R. Capelli, Inc. Worked as a drywall finisher. Was exposed to asbestos-
`containing gypsum, Gold Bond, gun plastic cement and stucco.
`1972-1976:
`Drywall Mechanics. Worked as a drywall finisher. Was exposed to asbestos-
`containing cement plaster and texturing products.
`1974-Present: Talley Construction. Self-employment. Was exposed to asbestos-containing
`joint and taping compounds and stucco.
`Nonoecupational exposures included removing and replacing asbestos-containing brakes,
`clutches, and gaskets in numerous cars and motorcycles between 1948 and the 19705, and
`remodeling his home garage in 1962.
`28:
`Did not recall when he learned that asbestos was a potential health hazard.
`29:
`Learned that asbestos exposure was a potential health hazard through the media.
`30:
`Did not recall observing anyone using safety precautions around asbestos-containing
`materials.
`
`31:
`
`Did not recall using safety equipment precautions when working with asbestos.
`
`INTERNAL MEDICINE DIAGNOSIS: Asbestosis.
`
`His diagnosis of asbestosis derives primarily from his high-
`CAUSATIONIDISCUSSIQN:
`resolution CT scan from January 2017, which showed both plaques (which indicate asbestos
`exposure and corroborate his history of exposure) and, more specifically,
`the parenchymal
`changes characteristic of that disease. Mr. Talley’s history to me, as well as the answers given by
`him on the Standard Asbestos Interrogatories from 01/30/18, all indicate exposure to asbestos in
`a time period that would be expected to cause both plaquing, and are consistent with the latency
`period for the causation of asbestosis.
`
`ISSLJE 0F LATENCY: The latency for both asbestosis and pleural plaques is typically over 20
`years; however, in certain cases, particularly with intense exposure, can be less.
`
`[$893 QF LAST INJLJEIQUS EXPQSURE: Last injurious exposure would in 1976 while
`working for Drywall Mechanics.
`
`ISSQES OF INSIDIQUSNESS AND PRQGRESSIVENESS: Asbestosis is the "poster child" or
`exemplar disease for the concept of insidiousness and progressiveness in workers' compensation
`His disease will likely progress over time, resulting in increasing disability and impairment. Thus,
`his disease is both insidious and progressive.
`
`QXYGEN USE: Not applicable.
`
`
`
`
`
`
`
`

`

`
`
`
`Independent Medical Evaluation
`Page 8
`June 5, 2018
`
`RE: TALLEY, Nathan
`
`COMMENT: All of my opinions expressed in this report are made with the standard of "more
`likely than not based on reasonable medical probability."
`
`Please contact me if I can provide further information or clarification regarding this evaluation.
`
`Signed on this l Q "
`
`day ofJune 2018, in the County of San Diego, California.
`
`Sincerely,
`
`WM
`
`Daniel J. Bressler, M.D., F.A.C.P.
`Diplomate, American Board of Internal Medicine
`Fellow, American College of Physicians
`Associate Clinical Professor, UCSD School of Medicine
`
`Qualified Medical Evaluator
`
`DJB/ln
`
`
`
`
`
`
`
`

`

`JUN/US/ZUIB/TUE 10:41 AM
`
`FAX No.
`
`P. 001
`
`Patient ID:
`First Name: Nathan
`Last um: Talley
`Gender: Male
`Spirometry
`
`Age: 81
`
`Patient Sticker
`
`Hazard:
`Technician Name: Jessica Honey RCP
`
`’
`
`phy‘ici'“ Mm: D" 3"“3'9'
`Study Date: 5(82018 PM 03:54
`
`Scripps Mercy Respiratory
`Pulmonary Function Laboratory
`4077 5th Avenue. San Diego CA 92104
`Height: 74.0 in.
`Weight: 251.9
`Raw Whi'la 0' Cams“
`Smoke Status: Quit
`Pack years: 14.00
`Occupaflnn:
`PreDruq mam. Panning Factoring “change
`R-pmt-der-didud RepnMSSPredleted
`
`
`
`Predicted
`
`3.93
`4.59
`:35
`2.95
`62.92
`206
`as
`
`Farm
`M:
`Fans-1m
`Few
`FEV‘IIFVO
`Fans
`rev:
`an
`Farm
`FEFM
`FEFMS‘:
`FEVNFVG
`PM 97.00
`FIFBO‘K
`FEFElM-‘lF
`
`
`
`
`7.30
`4.75
`1.28
`
`120.14
`
`m u
`
`w
`
`Duulion
`
`|
`
`Diffusion
`
`Pndlcud
`
`
`an
`2419
`05th
`24.09
`060
`24.09
`DGOI'III
`24.09
`1mm:
`7.70
`we
`7.70
`mink
`3.13
`DNAshI-lb
`3.13
`00
`cm
`BUT
`
`Wasp
`
`Prenmq PreDlug Postnruc Panama m
`mxmmnemmaxmm
`20.44
`as
`20.44
`85
`
`
`
`87
`
`97
`97
`
`6.71
`
`3.04
`3.04
`28.18
`48.45
`12.39
`
`3.72
`
`3mm Tompfio W2
`
`
`
`

`

`
`
`JUN/US/ZUIB/TUB 10:41 AM
`
`FAX No.
`
`P. 002
`
`“RN:
`
`Scripps Mercy Respiratory
`Pulmonary Function Laboratory
`4094 4th Avenue, San Diego CA 92104
`Lung Volumes (Plethysmography)
`
`Patient Sticker
`
`Predicted
`
`PnDnIg PROM MD!!!“ PoctDrug Wang.
`
`Campus»
`
`
`
`
`
`
`
`Predicted
`
`
`
`I‘LO
`7.70
`FRC
`4.47
`VC
`4.89
`K:
`3.23
`ERV
`1.46
`W
`RV
`me
`M! We
`
`3.01
`39:04
`
`Plenum mom MOM Postnmg mango
`nmmxpmnepomnmw
`10.69
`139 >
`7.89
`177 >-
`4.08
`67
`2.50
`87
`1.28
`8-8
`1.21
`B.61
`61.55
`8.87
`
`229 >-
`158 >
`
`sz755 Telnpz23.9 Eflotflfl
`Moulh (emH20)
`50.0
`
`
`
`60
`
`40
`
`20
`
`W6
`
`6.0
`
`4.0
`
`2.0
`
`
`81x78! Tanp:23.1 EMR
`
`
`m2
`mun-27mm.)
`
`an
`0.0
`
`
`
`o
`0.0
`
`
`
`
`0.0
`10.0
`00
`an
`4.0
`2.0
`Tm(rrli1). VTG (L)
`
`MIPIM EP
`
`leu NIP
`PEmax "E?
`
`
`
`
`Predictor! Mama Promo: mom PostDl