Document Dv8rYoJM7pQqVpLead1ZR3E4

<3! a< E. I. DU Pont oe Nemolw S COMSiNr WILMINGTON. CCLAWARC I989J RECEiVEu Mr. George J. McNally National Account Cilia Coordinator Camper Insurance Bldg. Suonit, HJ 07901 Dili Hr. McNallys Strom rr, --recce-. Rei Workers' Compensation Benefits In Ttzas Foe Du Pont Employees Diagnosed Aa giving Aabestoa-aeitted Condltior.a This littat ia a follow-up to oue cactnt teiepnon# convtiaatlon relatad to tha tbova aittir. Aa I nentiontd to you, I baiitvt It would be banaflciil to both Du Pont and Caspar if a Mating could ba ac rang ad in tha naar Cutura in Houaton, Taxia, for tha purpoaa of discussing Du Pont'a occupational diaaiaa prograa (aabaatoa-ralitad conditioni in particular) oppoalta Tazaa Workers' Coapanaation requirements and Kemper administration of claims and banafita. By way of background, two groups within Du Pont share raaponaibility for tha administration of tha Company'* workers' coapanaation prograa. Our Safaty Diviaion ia charged with the ovarall raaponaibility for policy. In addition, in atatea where Du Pont ia aelf-inaured, tha Safaty Diviaion coordinates with site managesent payment of benefits in nonlitigation situations. On the other hand, one* a claim has been filed, tha raaponaibility for coordinating tha defense of the claim, payment of banafita, etc. shifts to tha Labor Law Division of tha Lagal Dapartsant. Du font's prograa for aabastos-calatad conditions may ba summarised as followat a Chast x-raya art taken of all preaent employees during tbair routine annual physical axaalnaeion. a Tba z-raya ara read and interpretad by an outside* radiologist. Kmployee* are Informed of DUP 9933922 DU 036477 Mr. Secrge J. McHally January 28, 2932 any abnormalities that are found. 2n addition, employees who could nave been auoject to exposure to aasestoi at a Du Pont site art generally referred (at the Company's expense) to an "outside* pulmonary specialist for additional testing and evaluation. e If responsibility is accepted, the employee is informed that the Company will monitor the condition by providing periodic ledical examinations (x-rays, pulmonary function tests, etc.), the employee is also told the Company will provide assistance in helping obtain any workers' compensation benefits he or she may be entitled to under the applicable state law. it should be noted that the Company, to date, hat chosen to waive procedural defenses (such as statute of limitations) , which it could have raised had it contested the matter. e Pensioners were recently informed of the availability of such medical monitoring and are also offered benefits where the circumstances described above are present. It is my understanding that approximately 45 Individuals to date (which Includes some pensioners) have been diagnosed under Ou Font's program as having asbestos-related conditions foe which the Company wishes to accept responeibillty. For the moet pert, however, the diagnoses have been that of preliminary disease-- no present impairment. When such is the finding, an employee is told thst, should the condition deteriorate in the future, the Company will at that time help obtain the appropriate workers' compensation benefits due, if any. Texas is a unique situation for Du Pont inasmuch as it is tbm only stats where it has s significant concentration of employees bat is not seif-insursd for worksrs' compensation. Aa a resalt, corporate Safety end Legal personnel are unfamiliar with both the requirements of the Texas Workers' Compensation Law and Kemper's method of handling eases. I believe a meeting between appropriate representatives from Kasper and Du Pone (eite and corporate) would help clarify our understanding of Camper's requlrsments in handling these Texas claims, and Kemper would ecquire a better understanding of Du Pont'a program. DUP 0933923 DU 036478 iamBHfSjOBiiK Mr. Georg* J. HcHally -3- January 23, 2332 W* apologia* tor t.ne delay In bringing thia natter to your attention. Pleat* don't near tat* to call i! you nave any queationa related to the mtoraation preaented above 1302-774-9630) . Very truly yours, AGBtdwa Alan 0. Burton OOP 0933924 DU 036479