Document 2qvbDZ58oMJw0BmbJL0m7p59g

FILE NAME Insurance Industry INS DATE 1935 Oct 18 DOC INS012 DOCUMENT DESCRIPTION Article in The Eastern Underwriter - Many Occupational Disease Problems Discussed By T.N. Bartlett ~ October 18 1935 145 _ ac UNDERWRITER 2 , 145 Many Occupational Disease Problem Discussed By T. N. Bartlett W. P. Harvey 50 Years With By Chairman Sturm At O Ernest Sturm board chairman Fidel- delity & C Casualty Manager Industrial Claims in Boards Talk ity & Casualty at officers lunch in the 1885 when Maryland dining room atop the company's home young so th Schedule to Plan Method Favors Inclusive Treats office building at 80 Maiden Lane pre- sented this week a gold watch to Wil- in devoted yo & F - well b Liability Costs Accrued and Prevention Features liam P. Harvey assistant secretary may observance of his fiftieth anniversary Mr. Har of the outstanding addresses be- the solution should we not endeavor to with the compan Casualty a One convention of have the best legislation to carry out the In a communication of congratulation an advertis the fore the recent annual bona fide intent and purpose to Mr. Harvey earlier in the day Mr. aminer un International Association of Industrial Are we to find however the best Sturm said Fifty years is a long peri- delity divis Accident Boards and Commissions at solution by hastily amending our present od of time to have devoted to one com- nient He Asheville C. was by Thomas N. workmen's compensation laws to include pany and it is rarely that an occasion ant secreta claims division occupational diseases without any spe- of this kind arises in any corporation on his ana Mary- Bartlett manager Casualty who went exhaustively cial provisions as to such diseases 1 and particularly so in the casualty and congratulat land the many workmen's compen think not There is such a wide diver- surety business You came with the Fi- many frie to occupational disease situation Mr. gence between an accident and a disease sation Bartlett a member of the advisory com& - as to cause and effect time and place immediate knowledge and result that Association mittee of the Executives of Casualty which is dealing so de- from every point of view it warrants the sound and logical belief that special pro- Surety constructively with this problem visions needed to regulate and pro- and dependency employer responsible to be uncu ; clared that the business is now faced are vide a plan for compensation for occu- for compensation average wages medi- lamty and with just as serious and acute conditions diseases pational diseases and more especially as cal benefits especially as to silicosis and der this s - in the dealing with occupational to silicosis and asbestosis asbestosis because of no known cure and that it was contracted in employment as we were Mr. Bartlett's opinion is that the pro- to avoid temptation to overtreat or to whom the when common law remedies for injury visions of the law governing compensa- experiment or to gain knowledge from tional dise by accident were considered unsound expensive for industry and unfair to tion for occupational diseases should differ radically from those governing com- a research point of view renioval of cmployes from dusty occupations com- There } a decision 100 the worker He has just been appointed pensation for occupational accidents and pensation when removed from occupa- the Buda special a member of Maryland's commis- need to be clearly distinguished He felt tion during period in obtaining other common | - sion to study dust diseases Mr. Bartlett emphasized that the the that this can be accomplished in two ways First by having the provisions cinployment if not obtainable with present employer misrepresentation of the for occupa been appe contributing factor to greatest has pres- relating to occupational diseases enacted employe as to previous disability or ex- will be ar ent unwholesome situation unquesdiseases as another part i.e. 2 3 or 4 as the case posure subrogation period of exposure If the tionably been precipitated by may be of the workinen's compensation at least two years in state unless em- mately ho caused by breathing inorganic dust particularly the diseases of silicosis and as- law Secondly by adding a special chapter or a new and entirely separate ar- ploye employed by same employer during the whole time within the limitation by poison substance bestosis He said These are not new been alarmingly ticle He suggested By either method period of exposure provided for under the consti diseases but they have of to the provisions should be correlated in the law . cupational on increase because exposure such a way as to avoid duplication from Disablement or death within a fixed An englo and and the use of modern machinery of work the administrative and other similar re- time after last injurious exposure com- recover e processes in everyday course the chaos quirements which could apply to occu- mission's or board's approval of employe He cann He dwelt at length upon brought about by court decciosnifolnicstbioyn waanyd pational diseases as well as to accidents The speaker noted that this year with engaging in employments exposing him to hazards of dust if approval not ob- tion Lt cause of the of indicating the present forty legislatures in session more tained compensation not payable ; stitutiona confusion Dilemma ; Dilemma than seventy bills pational diseases were bearing on introduced occu- New waivers limited compensation records awards appeals In giv schedule Facing the mortems a schedul Faced by this dilemma Mr. Bartlett laws and amendments were enacted in Inclusive Plan cumployer said it is only natural that a plan for the states of New York North Carolina Frowns on definitely for occupational diseases West Virginia silicosis only and Ne- As to the major factors to be consid- and they _ compensation : should be looked to as the solution to braska and commissions were appointed four cred the speaker dwelt at some length are entit ~ the present difficulties just as such a 10 study the O. D. problem in New upon the schedule plan rather than the unquesti Michigan was deemed to be the solution states California Maryland inclusive plan noting that most of to financ and plan the problems existing centuries ago and Hampshire and Michigan the compensation laws in European insurabili * certainly in modern times when the re- North Carolina Blazed the Trail countries have schedules He noted cer- ties was dress was common law actions for acci- North Caro tain disadvantages of the inclusive Workers dental injuries sustained in employment Mr. Bartlett pointed to plan saying that this plan may give rise when in He declared lina as being the first state to pass an to granting coverage for diseases which used basic principles Therefore if the basic principles un- occupational disease law which pro- may not be occupational as for example derlying the passage of compensation of accidents are vides for a definite schedule amending the compensation law with provisions pneumonia bronchitis asthma kidney disease heart disease arthritis sciatica Discus laws to apply in cases occupational sound the solution for the dealing specifically with and applying to high blood pressure cancer and various serious 1 in disease problem may be found appro- silicosis and asbestosis He explained other illnesses common to the human tive plan priate legislation A worker is just as disabled if he contracts an occu- that new this had been done by an entirely section justifying the belief that it and race generally He continued When an act gives blanket coverage the act silicosis much pational disease which is peculiar to has been the result of an intelligent all by the use of the phrase any and all sease w characteristic of and arises out of the careful study of the problem by added North occupational diseases or similar lau- period o work be done in connection with spe- parties interested He guage it is vague indefinite and uncer- an accid cific - exposures and directly related Carolina in blazing the trail has consolu- tain Commissions boards and referees be defin - defini- thereto as he sustained a broken leg tributed much constructively to the are required to make their own defini- place as the result of an accident arising out tion of the occupational disease legisla tions and rulings without any legisla effective of and in the course of his employment tive problem as a whole as well as dem- tive guidance This leads to much liti- payable The true rule is and should be that onstrating a thorough study and under- gation for court interpretation There fore Jul industry should compensate for those di standing of its local problems immediately arises doubts and uncer- ing fro only which in individual cases Because occupational diseases are tainties which foster unnecessary and seasebse can medically traced to an origin in slowly occurring injuries not sudden in expensive litigation and places an added or trade risk That is to say a risk not their effect clear as to causes and financial burden upon employer em- a ordinary life but specific to and cre- consequences and furthermore extrenie- boards commissions courts car- of ated by some process or occupation in and all European ly difficult to trace they must by reason of their marked difference from an in- ployes riers and all interested parties even a definite ability industry The British authorities go a bit further holding that jury by accident be treated differently Any inclusive plan or not carefully developed is that it occupational diseases for which compen- Mr. Bartlett said they required special schedule plan result in such a blanket which | is to be paid cannot practically be provisions for fulfilling the bona fide apt to give and as to fect * sation defined in general terms but must be medi- purpose and intent in making them conipensable some of which are of major coverage of diseases diseases generally make such an art tantamount to health insurance This would As proach and based on prevailing specified that further the terms and importance others collateral but just as old age and life the in- sion in ; cal opinion of essential Mentioning a few of the col- certainly be far beyond not only conditions * governing the payment such diseases can thus lateral provisions he said tention but also beyond the ability of two or compensation for made those industry to provide for its workmen in- fective only be equitably when Collateral Provisions discriminately at the high level of benc- serves gations terms and conditions are varied to fit the definitions the peculiarities of There should be covering : fits provided for under our compensa- gations needs according to *** *** *** disablement disability silicosis asbes- tion laws and ad the different disease tosis medical board and similar terms made e Amending Present Comp Laws Not Then there should also be special pro- Illinois Confusion - various , Solution - visions as to filing of disability and Mr. Bartlett referred to the present giene | in If legislation providing a plan for death claims aggravation of disease or confusion Illinois where one section portuni compensation in occupational diseases is other proration relationship of the occupational discase law was held to bend Harvey 50 Years With F. & C. Honored Chairman Sturm At Officers Luncheon urm board chairman Fidelalty at officers lunch in the 1 atop the company's home ng at 80 Maiden Lane pre- week a gold watch to Wil- rvey assistant secretary in of his fiftieth anniversary npan congratulation nunication of congratulation vey earlier in the day Mr. . Fifty years is a long peri- o have devoted to one com- t is rarely that an occasion 1 arises in any corporation . arly so in the casualty and ess You came with the Fi- delity & Casualty Co. on October 10 1885 when the F. & C. was eight years young so that from its infancy you have devoted your energy and efforts to the F. & truly a record of which you may well be proud : Mr. Harvey came to the Fidelity & Casualty as an office boy in answer to an advertisement and later became ex- aminer underwriter and head of the fi- delity ment division of the bonding departHe then won promotion to assist- ant secretaryship He was the recipient on his anniversary day of telegrams of congratulation and flowers from his many friends in the insurance business ency employer responsible ation average wages medi- to be unconstitutional because of uncertainty and indefiniteness He said Un- especially as to silicosis and cause of no known cure and pptation to overtreat or to or to gain knowledge from point of view removal of om dusty occupations comhen removed from occupaperiod in obtaining other if not obtainable with pres- r misrepresentation of the to previous disability or exogation period of exposure > years in state unless emred by same employer dur- e time within the limitation posure provided for under der this section the court pointed out that it was a matter of speculation as to whom the law applied and the occupational discases which were covered by it There has recently been handed down a decision in the case of Sylvester vs. the Buda Co. in Illinois holding that at common law there can be no for occupational diseases This recovery case has been appealed to the Supreme Court and will be argued the fall If the Supreme Court of Illinois ulti- mately holds that silicosis is not caused by poisonous chemical minerals or other substances then it does not come within the construction of section 2 of the oc- cupational disease law in the Burns case nt or death within a fixed An employe contracting silicosis may not * st injurious exposure com- | board's approval of employe employments exposing him recover either compensation or damages He cannot recover damages under section 1 of the occupational disease act be- f dust if approval not ob- cause that has been held to be uncon- apensation not payable ted compensation records ; awards appeals on Inclusive Plan stitutional : In giving favorable aspects of the schedule plan the speaker said When a schedule plan is adopted the workers employers and insurance carriers know major factors to be considaker dwelt at some length edule plan rather than the plan noting that most of sation laws in European e schedules He noted cerntages of the inclusive hat this plan may give rise coverage for diseases which ccupational as for example definitely the specific diseases covered and they also know definitely what they are entitled to and obligated for This unquestionably means a better approach to financial certainty for industry and insurability It avoids many uncertain- ties waste and disappointment for the workers because of speculative litigation when indefinite and general terms are used bronchitis asthma t disease arthritis ressure cancer and s common to the .. He continued kidney sciatica various human act gives blanket coverage of the phrase any and all diseases or similar lanague indefinite and uncer- ssions boards and referees to make their own defini- lings without any legisla- This leads to much liti- ourt interpretation There aris^'s doubts and uncer- h foster unnecessary and zation and places an added den upon employer em, commissions courts carinterested parties clusive plan or even a not carefully developed is nd result in such a blanket diseases generally as to Accrued Liability Discussing accrued liability another serious problem to solve in any legisla tive plan the speaker is when shall the act take effect particularly as to silicosis and asbestosis or any other di- sease which is contracted over a long period of time He emphasized When an accident occurs it is sudden - It can be definitely established as to time and place If a compensation act becomes effective on July 1 no compensation is payable for an accident happening before July 1 even if the disability result- JuJluyly from . such accident occurs : . after As to occupational diseases and espe- cially those of the progressive type and slow contraction by reason of the in- definiteness as to time place and dis- ability the problem is so complicated that it is difficult to avoid legislation which will not be retroactive in its ef- fect * * * . art tantamount to health life insurance This would ar beyond not only the inalso beyond the ability of ovide for its workmen inat the high level of benefor under our compensa- inois Confusion t referred to the present Illinois where one section ional disease law was held As to dusty occupations one ap- proach to the solution may be a provi- sion in the law for a waiting period of two or three years before it becomes ef- fective as to benefits In this way reserves can be provided for the new obli- gations All provisions as to preventive and administrative measures can be made effective soon after passage The various state departments hygiene health etc. then have an opportunity during the waiting period as to benefits to correct all hazardous con- Page 46 ditions worker the full injurious to the health of the Even though this may not meet requirements yet it would un- questionably be better than to precipitate the coverage at once with no prep- aration Hard to Estimate the Cost Coming to the question of costs Mr. Bartlett said in part I think we are all agreed that any legislation must be such as will accomplish the objectives and yet prescribe certain limitations which will make it possible for insurance to be ob- tained and the protection desired given This must be accomplished in a way which will not prove too crushing a blow to industry We know that compensation for silicosis and asbestosis will greatly increase costs In some occupations and classifications involving silicosis it has been demonstrated that cost for compensation has amounted to about nine times the cost for compensation for accidents If we add to that the cost of an inclusive plan there is grave dan- ger that the cost will be prohibitive It is almost impossible to estimate rates There are no statistics available to guide Everyone should the gravity of the problem a plan of compensation for be awake to in initiating occupational diseases and particularly the progressive type of gradual contraction All should avoid the delusion that the problem can be solved by insurance or otherwise ex- cept at a very heavy cost Puts Prevention at Head of List Finally he declared that the solution to the whole problem is to be found in prevention and on this important subject he said There are to be taken two very important steps One to remove dust and other hazards from the work places The other is to remove the worker from the exposure at the first indication of a manifestation of the disease except perhaps in cases of elderly or highly skilled workers for whom a forced change of occupation might create more disastrous results than the exposure to the dust hazard There should be by proper legislation a strict and forceful regulation from an industrial hygienic and sanitary standpoint There should be special provi sions in the law under the proper de- partment to study occupational diseases to develop ways and means of control and prevention so that such a body could recommend to the legislature for enactment such specific measures as would be adequate Regulations for the prevention of oc- cupational diseases should emanate from boards a competent bureau of industrial hy- giene For by the most thorough investigations on the part of medical bureaus of hygiene or state health de- H.S.OIfvesDPeimcatguoregsueTsaxRpiasyiengr IEnasRyePvroelyt That most forgotten of all forgotten men the American taxpayer the victim of political extortions the easy prey of demagogues and socialist soothsayers who has been outrageously swindled by eaters always neglected and seldom consulted has lately become militant even belligerent Henry Swift Ives special counsel Association of Casualty & Surety Executives in a talk on October paying is not the paying the liquidation as 2 current of current taxes and it comes due of our monstrous public debt but it is prevent- ing proposed increases in our burden human He saw a very real danger lying in pro- posals touted as altruistic and such as the various plans for unemployment insurance and called social sc- curity laws and he said 15 before the Cincinnati Chamber of Unemployment Schemes Too Indefinite , Commerce pictured this forgotten man as no longer docile patient and com- placent He exploited to professional money said is getting resentful at being make a Roman holiday for spenders of other people's Mr. Ives and his revolt is gathering momentum The speaker credited the depression with having first aroused the taxpayers to the danger of wasteful governmental spending He said that for years office holders legislators and their satellites our real governing classes have taken what they wanted The taxpayers sat stupidly by and let the spending continue But the rapacity of many of the members of these annointed governing classes is now proving their undoing Mr. Ives pictured it as " battle between those who pay taxes and those who con- sume them with the spenders well or- ganized and compact and the savers mostly unorganized but actuated by a crusading spirit which should spell ulti- mate victory He was careful however in this connection to point out that there are many Convincing the public of the destructive ef- fect of a five billion dollar bond issue is mere child's play as compared to convincing the same public of the destructive effect of a growing and continuing expense incident to the payment of unemployment insurance age pensions and the like The one expense can be comprehended but the other is indefinite and cannot he ap public preciated although the ultimate cost may be many times that of the bond issue for works and constitutes a perpetual charge It is unfortunate that the delusion exists in this country that the called unemployment and social insurance schemes politically enforced . and administered in England Germany and other countries are in reality only an applica tion of sound insurance tenets to situations dr- manding government intervention And it is doubly unfortunate that the delusion also exists that because they labeled insurance they must by that exactness the rity and other token partakoe f the scient fic impartiality and financial integ similar characteristics of insur ance as privately conducted vari- The truth is however that there hardly s a trace of real insurance in any of those politi- cal devices They were misbranded from birth They have grown prodigiously they have bred mountainous deficits have developed paw- - erful bureaucracies and they have become table economic Frankensteins chiefly because of the helief that they really were insurance- and therefore automatically sound efficient and solvent In a word insurance has been prosti- tuted for political purposes . efficient economical and honest public servants who constantly have in mind the viewpoint of the taxpayers and who cannot be blamed for the present situa- tion These are in the minority however and often are helpless to relieve the tax burdens Reduce Taxes Solution As to his cure for all the maladies of the body politic he had described Mr. Ives said briefly There is only one reduce taxes If that is accomplished the rest of our economic trou- Taxes Must Be Cut by the Billions Mr. Ives was firm in his conviction that taxes must come down not by the millions nor by the hundreds of millions but by the billions and he emphasized that in this way only can business and industry obtain the needed relief in the bles being mainly an outgrowth of excessive taxation will take care of them- selves How to reduce taxes he ad- reduce mitted is chiefly which must be solvi political problem by votes and in- fluence not by passing resolutions or lis- tening to speeches like this one eploring the situa- present dire emergency He called for an active aggressive and united campaign on the part of the great army of taxpayers to starve these caters into submission He impressed his audience magnitude of present public with the expendi- tures said that today's greatest problem He recommended that can be done is The to so only thing control the politics of the nation that economy will take the place of waste The education of property owners and taxpayers form- ing as they do a vast majority of the people is a first requisite in the cam- paign The rest is practical politics British Conduct of Road Users partments can there be evolved the proper preventive measures and regula- i tions First Census : i No plan for compensation for occu- The biggest traffic census ever plained essary At some points where a day and pational diseases will ever be adequate in the United Kingdom began on August night census was taken two or three J or fulfill its ultimate purpose if preven 12 and continued until August 21. It men were posted but elsewhere the i tion does not stand at the head of the was taken by order of Leslic Hore count was restricted to the hours list as the most important phase of this isha Minister of Transport as the latest between 6 m and 10 m Pedestrians acci- j subject The best solution is not to be found in step in his campaign to reduce road were counted at places where the side- : providing payments for ocen dents In this census for the first time walk was less than three fect wide or pational diseases and certainly never is the movements of pedestrians have been where there was no ewalk at all The i ' to be found in the present method of noted equally with those of vehicles need for cycle tracks was also noted of t common law actions for damages The census is to form the basis na- Arrangements for the big count were HERKIMER CO AGENTS MEET The Herkimer County Association of Local Agents met recently at the Carl- a ton Restaurant in Herkimer Y. V. H. Salmon adjuster at Syracuse for the Aetna Casualty & Surety spoke on rehabilitation work in accident cases and then the meeting adjourned to the Lib erty Theatre to witness the known safety film Saving Seconds STATE OFFICIALS ON PROGRAM New York State Comptroller Morris S. Tremaine and Deputy Superintendent Thomas J. Cullen were among the principal speakers at the annual convention recently in Geneva N. Y. of eration of New York State the Fed- Cooperative Agents Association J. Blaine Towne of observation Saratoga Springs was reelected president tional road development plans during the next few years and the Ministry has been careful to obtain figures as nearly accurate as possible and reflecting true picture of traffic in normal conditions Ten thousand men were posted at 5,600 points in various parts of the country outside London covering more than 26 700 miles of class roads and were ordered to count vehicles and pedestrians and prepare tables showing the volume of traffic in eight types of indus- rial dock agricultural residential ban seaside inland watering and touring and sporting districts Enumerators Not to Leave Posts Whatever the weather the enumera- tors were ordered not to leave their posts sentry boxes and huts being provided for their shelter if nec- made by the Transport Ministry in conjunction with the highway authorities and the cost was shared equally by the local authorities and the Road Fund The London cluded from metropolitan the census area was ex- This is the first time in the history of British road traffic that arrangements have been made for taking accurate record of every unit declared an offi- cial of the Automobile Association com- menting on the census It includes pe- destrians as well as wheeled traffic The census will open up an entirely new field because formerly there was no informa- tion available to show the natural flow of traffic on a national basis The an- thorities will be enabled to ascertain for the first time the real requirements of road traffic insofar as the construction of new roads is concerned wae pl et