Document 70eDDy5Km8gy6wmKGj5qX7NRe

FILE NAME Brakes BRK DATE 1982 Mar 7 DOC BRK081 DOCUMENT DESCRIPTION Letters to the NYT - Asbestos Arguments for a Fund yar S LETTERS he | 7) Asbestos The Arguments for a Fund oh ee The health effects of asbestos expo- sure possibly constthi e mtosut etnoer- mous occupational disease problem ever to face the United States It is therefore unfortunate that both Pro- fessor Paul MacAvoy in You Too Will Pay for Asbestosis Feb. 14 and attorney Robert E. Sweeney in Asbe Let us take anothle oork First virtually all claimainnltaws- suits against Keene and others are now receiving compensation compensation totally apart from the lawsuits People who had been employed in Federal shipyards are receiving compensation through the Federal Employees Compensa- major asbestos company perhaps flattering the comparison is fudicrous Keene which got involved in contaiprn odui cts n in 1g 968 through the of Baldwin- Ehret Inc. had sales of 4 million in asbestos insulation products or percent of Manville's asbes- related revenues of an estimated 400 million Moreover Keene's former subsidi- ary - which was disposofeidn 1972 was not a min of e asbr es tos We believe that the mining compa- nies including Manville were much better positioned to recognize .. .Against Current Law Professor MacAvoy provides fur- ther proof that econoismaivocodsoo science The professor conjures up the spirits of the long dead victims of the asbestos industry which placed profits peoofppelope le shedofdshiedndig ng crocodile tears for the asbestos manu- of the harsh statutes of limitations These laws provide that an injured worker loses his right tocompensation within three years of inhaling asbestos fibers even though the illness may not manifest itself until 20 years later HARVEY WEITZ professor have turned his attention to abolition New York State TrialLawyers Association Inc. New York N.Y. Feb. 19 1982 e- Legislation Legislation .. .For Legislation Mr. Sweeney objects to the fact that the Asbestos Compensation Coalition union leaders and others are working with conc meme berr s on f Coe ngrd ess to effi a mc oreiee ffin cietnt and more just altetorlin tiga atit on i Butvhee invites the reader to believe three things which we know are not true First he argues that either the as- bestos manufacwetreufr rauedur les nt in concealing the asbestos risk from empol r theo insy urane ce ie ndus stry was incompetent in agree toiinnsug re the risk Hindsight is wonderful but asbestos diseases have a la- tency period of 10 to 40 years and the plaintiffs in today's lawsuits base their claims on to asbesthtatoos c- curred long before the 1960'whs en major scientific became available No Federal health stand- ards for asbestos were set until 1971. Second Mr. Sweeney implies that the adver syss temawor rki s wa elllin dealing with asbestdio seas se It does - for him There are now over 15,000 claimants in more than 10,000 suits and that figure is rising along with legal fees In prets he e prenset nt system is an outrageous mess and enacted Federal legislashtouildobne which would pro a v betti er d waye to get prompt and adequate tion into the hands of victims engaging rate welfare In all phaos f ae sbes s- tos use from stockpiling to standard setting to providing the workplace in which substantial exposure occurred Government involvement can be clearly identified Is it corporate welfare for Government to contribute to the solution of a problem which it playeda large role in creating WILLIAM C. MCLAUGHLIN President The AsbestosCompensation Coalition Washington Feb. 27 1982 .. .For Alternate Materials To the Business Editor Professor MacAvoy contends that in many industrial applications such as automobile brake linings there is no substitute material for asbestos But leading producers of brake linings plan to go asbeas s st oon o as ps os- sible General Motors whose current 4 cars with asbestos brake linings The substitute materials are safer longer lasting and give improved per- formance - at somewhat higher ini- tial cost Similarly major mar- ket for asbestos in the United States output of cars is mostly asbestos has stated that The objectofiGveen- eral Motors is to deliver by 1984 Baltimore Md Feb. 25 1982 the dangers of asbestos long before their fabritc he a fat bro icar tos rs Third the United States Govern- The role of the insurinadunstcryein this matter borders on the incredu , purchased ment's involvement in the asbestos problem started in the World War II shipbuilding when the Gov- specified the inclusion of as- and paid prem on i moreu thm an 3s 50 million in comprehelniabsiliityviensurance It was a good faith purchase unfo anrune forsese eenerinsk bestos for fire protection and thermal insulation in ship construction and sold asbestos to fabricators including Baldwin It has been establthiatsthhe eGod vernment was fully aware that certain concentrations of asbestos fibers per cubic foot of air were hazardous to insurance ness and professional lives But alas we now witness the spectacle of insur- ance companies denying that mean- ingful coveevreraexg isteed As an aside I cannot resist com- menting on Professor MacAvoy's good fortune in having had parents who warned me against going to work in an asbestos insulation factory If my failed to enforce the standarThdesn in a Public Health Service study 1945 theGoverfon undmlie ttlenortno health risk to shipyard workers as a had possse uchsws isdeomdI enou nog t tho spend $ million to buy Ehret Hill and the unforpeacs k oef e tronu- resulotf asbestos exposure Assuredly the United States Government is responsible for the actions that have resulted in so many law- suits reTc he ro ecordr to d date appears to be that 75 cents of every dollar paid out by Keene and others to settle claims has gone to lawyers defense bles that eventually resulted In conclusion Keene believes that legislation should establish a fund into which all responsible parties miners manufacturers insurance companies employers and the Fed- eral Government - would pay equitable shares of the cost of compensation The fund should be the sole recourse lawyers included 15 cen hastgos ne to insurance companies while only 10 for injured individuals precluding against third parties It should cents has gone to the actual person bring suit or making a claim A plaintiff lawyer might repres asemnanty as 2,000 such claimants Using the injured individuals truly . CompCeonmpsenasa-- tion would be supplemental to and a substitute for existing workers com- 1,000 per claim averagesettlemenats penIts is ta ime t for i all so idesn in- has often been our experience each cluding the lawyers who have earned claimant would receive 500- 500- but the so much from asbestos litigation to lawyer stands to gain $ million 2,000 claims times 500 per claim Certht e laa wyei rs hn ave l an iy n- . compound the number of claims But this type of litigatidooens not answer the injured worker's needs The Keene Corporation New York N.Y. Feb. 23 1962 _ .Against Employers v7 2 ' 7 E Professor MacAvoy confuses asbe- stosis a debilitating chronic lung dis ease with mesothelioma a cancer of the lining of the lung He correctly notes that the standard for workplace asbestos was reduced in the 1970's However recommended by the National Institute for Occupational Safety and Health Furthermore the current By the occupational shifting the burden of effects of for diseasea from the corporwahotseiwoornkes rs are exposed to these deadly sub- _ssubusbidsiizidnigzisubsidnzinggthtehogseeneermpalolyersemployers. IInn tthhee case of asbestos whose well decfoa r ddece ads es financial y re- tions should be made sponsible for the havoc they have have wreaked on the lives and health of their empl ando othy erse expe oseds to product Sven J JOEL SHUFRO from exposure to as little as one parti- cle asbestos The costs of asbesat ndoms esi ots he Homa will be born by the afflicted indi- viduals and the public in many ways other than by higher insurance rates govte o gr oven rnmem nt e stun diet s 95 percent of all workers who contract oc- to cupational diseases are unable Instead col- lect workers compensation compensation Instead are forced to apply for Social So- curity disability and various forms of welfare These support programs are funded by payroll deductions and other forms of general taxation cost- ing the taxpayers more than 2.2 bil- yea a yer ar New York Committee for Occupational Safety and Health Feb. 17 1982 ... The Times welcomes letters from readers Letters for publication should include the telephone writer's name address Letters should be addressed to The Editor Sunday Business Section The New York Times 229 West 43d Street New York N.Y. 10036. We regret that because of the large volume of mail received we unpublished are unable to acknowledge or to return letters letters ab + a NYT Mar7c19h 82