Document K5y0XOaDjkZO4QzDn1d6gppK

ip m 5^.'; \ UOO fifth Atnua MBCHAHPm TO THE BOARD OT TmffTBBt Mr, 1* A, Hitchins, Clu Mr. E. A. Schultz, T. Ch. Mr. T. P. Ahsara Mr. VAndiver Brown Mr. 7osaph Dilworth Mr. Andrew Tlotoher Mr. D. Harrington Mr. X. A. Hults Mr. C. I. Leshar Sr. B. D. Saklatwalla Pittsburgh. Pa. March *3/1958. Mr. X. C. Bayer Br. B. B. Sayan Mr. A. V. Sherwood Mr. L. T. Villiame Mr. V. P. Tut t 1=' * X1 At ila meeting held 1a Pittsburgh on Pebruary 8, 1988, tha Board of Truataaa passed the following resolution! HE30L7XD, That tha Board of Trustees accept and approTa tha report of tha Legal Committee dated January 51, 1938, and that the Board adopt aa the sort project on. ita resaareh program the study af tha legal principles eat forth la tha Committee' report, which will include an analysis of all exist ing statutes, together with a statement of principles that abould gOTsrn tha coverage of occupational disease In eompensatioa lave* - I was uncertain aa to just what the Board dealred to have 1 saladad In the bulletin it proposed to hare prepared in accordance with the resolution, and took advantage at the first opportunity to discuss the natter with Mr. A.c, Birth, ehaixman of the legal connittee. Mr. Hirth was at the Board Meeting and heard all af tha dlseuesion* It was obvious that there would be naoesaary modifications of the recommendations made by the legal committee. At the came tine the resolution indicated that the Board was of tha opinion that there is need for a further statement of principles which should bs included in an Occupational Dieease Act. With this a* a basis, Z auggaatad to Mr. Birth that he oonsider the possibility f discussing, separately, tbs various basic principles which should be included in a proper blll| the material to be presented in a readily under standable. usable and unobjectionable Benner, but In ecnfondty with tha eon* lotion that tha foundation must not issue what ouuid be construed aa a "modal law". In the ease of existing statutes that may have undesirable provisions, r that may have omitted provisions that It would hsvs bean dsslrable to insluds, snob provisions night be dieouased. Mr. Hirth, after consideration of the subject-matter of our ecnfsr*s*i wrote me under date of Maroh 17th as follows! PRODUCED JM - 83 I 0 4 i iftar haarlag the dlsouaslon of the Board of Trustees with respect to the reoaM&ondat ioils of the Legal Ccwmittee eonesmlng future legislative activity of the Foundation, ud after talking t you this norning, It Is ny personal belief that ax oasmittee will raoonend a aodiflod program that will not only satisfy all concerned, hat trill teecmpllah tha aaaa purpose that tha original program would have. first, la eoaasetloa with those atataa whiah da aot aw* luva occupational dlaaaaa logiclotion, Lt wowld ha ax rwoomnaMntioa that rathar than prepare a so-callod model occupational dlaaaaa aot, wa aehadwla tha various aardlaal prlaalplaa whiah la aur oplaiow ahowld ha laalwdad la such legislation aad suggest a wpaolflo atatvtarx prevision that wowld sorraetl? ombrese auoh principles, "laeh aaeh provisions wowld stand oa Its owa fowl aad tha ns total would too? wo ion nlatlm to lta acwpooait parts than would the mm total of cardinal principles, Ccrtaln- lx it aowld aot ha Interpreted to ha a aodal sat. "When information of this kind la furnished twpleywr groups who ara iatoraatad la legislation af this eharactar, % thax max aalaot all of rush provisions ar only thoaa pro- lslos# which la thoir opinion aaat thalr ladlTldnal needs* Secondly, as to ooatvatloaal dlaaaaa aota aow an tha statute hooka, tha aaaa treatment aowld ba followed, that la, tha Pennsylvania Act could ha aaalx *d and roocmaeodationa ha i' made that ssrtaln provisions thoroof ha dalatad togathar with a complete dlaowanioa of why thax arw wndaalrahlo. ' ' .* t,. f- It could then ha poiatsd out that tha aot aa drawn doaa not santain oartala unmet hails principles which should bo laalwdod la oound legislation* A specific proTlaion Could than ha drafted embodying each af naeh prlaalplaa* Si The mechanica of tha foregoing plan could hast ha il lustrated bx Mr. Tatars presenting a Sample to tha Board of __ Tractoos at its aaxt meeting. ^ ' 'v,_ , ' *Z m sending a copy af this letter to Hr. Tatars * togathar with a request that ha prwparw a Semple aot wp far Xwwr consideration*" MX pwrpoaa in this la ta hare rood/ far tha Board af Trwataoa at Its next masting an exhibit af a type of holpfwl legal analysis designed ta mast tha wishes of the Board as iadisated by the resolution adoptod Tebraary Bth, at the ammo lima ta heap within tha Halts axpraaaad in tha dlacnaalan by tha "**" * *" *""*" PRODUCE JM - x -) ** rill fc laritod to bo proaoat it tfco MXt aootlac* toB^lB^o^ttor**'1*1*7 U **t"*lB* 4*flalt*1y Ait it i doalroi to banro mer*a4w la aoat to thi aoibort of tho Board of Trutooa for tbalr iafonutloa. / "V => <s, H. B. Bailor _ Maaaclac Slrootor PRODUCED JM-83