Document JJBy0wa113eZ4QrL5e9Q2mgyZ

\ 001255Wivv.: i l PLAINTIFF'S * EXHIBIT RG^468 S4 September 22, 1967 American Adjustment Company F. 0. Box 2625 Great Falls, Montana 59*01 ATTENTIONS Robert Conley J Ret Your Filet I C 3* 16160 Co. Clalai 750 C 890 v;, Inearedt V. R. Oraoe & Co. Claimants LILAS D. WELCH D/A 1 11/9/66 Dear Mr. Conlcyt This will confirm our several reoent telephone conversa tions relative to the above matter. Ve have prepared and filed Answer as requested by the Industrial Accident Board, oopies ofvhich I am at this time sending alonginordersthat your, own file may be oomplete..' . .. """ > - We have consulted further witthh Mr. Loriok, of .Libby^KS^^S^V- " Montana, and ho confirms that Mr. Welok was.employed; in, the r'ilC at the-seene:'of their operations .for. approxi-f mately employed Tt would appear^that he did driyeiCa truok hauling.fronC^he^^^p^C' hopper^wherefhmlwould^oertainly enoounter exposdre^fafdnei^fM^f^s^j for several- nonthal ln: 19*9toas--ve 11' as during^thefpontbe^^^^^^^b'-'s of Ootober/;November; and. December of 1951 andySep^emttm'r^s^^^^Vci ; -J . and 0ctober of>1956.x On;potober. l5,'1956 he>waoj',txmMf^d ^ ^^^ J to the warehouse where: he' remained unti l he ;was' no&ib'nge: toiiwLl Mv As we haye^dlscussed. The Oobupatlonal. DlseaseiAo" Montana wasv effective: on.^thedate' 0fitsapprovnl March 7|^1959v^end?/as^y6tik are vof course ' aware ,-vSs 92-1311 (1)J"? R .'^'C19*7 '^''prpv1"de s .that?iio icoiapensat;^fvXrV; shalr bei.ipaid^ wfiorif tthe 1 ast4 day< of /the 1 njuriou*,- exposure*'' ooourred 'priof^tocithedeffeotiye/date :of rtbe Aot ,-Vi ;certa'in0x6eptibntf:4vb'i^ to relatedprioarlly the Voondi tion; of sitlobsis involving an employee whi-------- --. been' dischargeil Jin^ordeV .that:, the. employer might;esoape ' liability, under- the' Aot,;; 44-. ' ' *: ^4^4:44i'4v> -2 In addition of oouree, It was not until February 27* 1965 that asbeetoala was inoluded within the daflnltion of occupational diaaaaa. Aooording to information furnished by Mr. Loviok, it would appear that there should be no particular exposure to t dust in the warehouse where olaimant was employed subse quent to October 15* 1956, and of oouree it dees appear that it is on this point that our primary possibility of suooessful defonse must be oonsidsred to rest. Mr. Lovick did indicate that it is oonoelvable that olala* ; *. .... ant might haws been loaned out on oooasions as a truck . -- jLf--' driver, and that this information might possibly not bo irf; : . apparent from the reoords. It would seem however thr.t ; any suoh sotivlty would have been of short duration;and may be validlyoloiaedto have not resulted in' injurious " . exposure as that tern may be considered by the Industrial'^;u J--" ' Aooidcnt Board. ; - ' It further appears that no dust oounts have ever been > obtained within the warehouse by either the Montana State Beard of Ileal th or insured. As far as we are able .to ascertain, all State Board of Health tests, and those;aside'c'-'Ky by Zonollte, involved the mill, excepting for a test. nade^.:.- by the State Board in 19^2 at the ooapany' 0 prooessingv^>^;^^fe ; ? plant in Libby, whloh' of oouree does not f1 gure in the .X- X rXX .v- present olain;in^uiy^Way. ;^^. ... -Xt : ? ^Prior; to the -time Mr.ilVeloh was transferred to the ' ;'V house, he was also/involvod on various oonstruotion Jobs X - aroundthe= aineV>aoted .as a dump man, drove ore trucks; and prepared boxoars forvioadlng, however we are inforned;*^^^W^/-v ^ ^ that. no partioular dust 'hasard would seen to be 1 involved' nat* any` pointo tberrthanwithin: the: mill itoeif ,t-and>att;;^^.the: conceT^ratelhopperi^as^aboye'nentloned`i^.^4^^^^ ^You wi1Ireoallwe-were requested to produce .voluntarily^ "respect.to any dust .problem- at^the:fplaoe Hhe-. hands of the Montana^StateiBoaMCofr" ^appecr.. that we should-, regard,andltwns ;.>-'_v^5ys^i-ird-ovi.doaoei of--'-thls.'-;typoi:;which was -aotunlly^relsvant-Vshould^^^:^t$^ produced ,s;but41! did , not - appear. that.. we should^iwi'dei^^^^^" - X.v,XX''4-the 1ndugtrlal AaoidentBoard or claimant, with 'a;:blanket ! <i -3- e have conferred on several oooaslons with Mr. Robert Swanberg, Chairman of the Industrial Acoident Board, and have explained our position to him, pointing out that while we aost certainly wish to be cooperative, and are not desirous of withholding any Information, wo oust necessarily take the position that any suoh information revecled or presented, nust be relevant and material. 'He has now agreed that the places where tests aay have been oo-^duoted and the ties they were^obtalned must neoessarily in some way be related to claimant's exposure, ahdjl.'am-, sure he is now of the opinion . that the procedure indicated should Involve a formal hearing, at which time the basic^faots. of time and >plaue of employ-:;., sent may be placed lb!thereoord, and any information in the . hands of the State Board^bf Health should be subpoenaed and ;then oarefully considered at the hearing with respect to its relevancy. .' V 3 This of course allots ue the proteotion of: the b&.iio rules of evldenoe, and we have Mr; Swanberg'sroomplete understan lng as to our own position on the 'problem. c-'*'---': 'l-v ^ '-v y:?.; - - < *- >* Accordingly, it. lsrcy./ass uaptlon' that this matter may shortly be called^on-^E>s^ieai^pgi':^/|th;vboth.;jolslmant and defendant all owed to/: preset} tvwhaive r;Fevidenoe theyaaywi sh, eubj eo t . to protection:Vofi^thet,%ules %^evldeiice:.f^v^^^^^.,!'.;-;':w