Clarence Bollmann v. Certain-Teed Products

This is an appeal from a judgment of the circuit court affirming the final award of the Labor and Industrial Commission (Commission) in a worker's compensation case. Clarence Bollmann, (employee) filed a claim against Certain-Teed Products Corp. (employer). The claim also named Aetna Casualty and Surety Company (Aetna) and Travelers Insurance Company (Travelers) as insurers of employer's liability. The Commission found that employee was totally and permanently disabled and made an award of compensation against employer and against Aetna as the insurer of the employer. The circuit court affirmed the award of the Commission. In this appeal Aetna contends that Travelers rather than Aetna covered the liability of employer with respect to this claim. There is no dispute as to the facts essential to our determination of this cause. Employee worked for employer, a manufacturer of asbestos cement products, from 1941 until September 10, 1976. Employee contracted asbestosis as a result of prolonged exposure to asbestos dust while in the employ of employer. Although employee had been suffering from asbestosis for a good number of years, he first noticed shortness of breath in June of 1976. His symptoms became more severe through the summer. He left work on Friday, September 10, 1976; he was hospitalized on the following Monday. He was unable to work thereafter.