Document MM3E0Q00Ljn1nRYmVkyYxGOy

Astsstos-exposed worKsrs ['suing employer, 32 others By RHONDA h. RU.NDLH -On ANCELES--Tr-ny-one workers who discovered they extv.rd :o ..\ week* into a building remodeling job are sum. their employ,..- for both civil damages and workers eompen*a- un*' Pacific Telephone Se Telegraph Co., which employs the workers, and 22 asb-etjj makers are named in the civil lawsuit filed Aug. IT in Los Angeles Superior Court. Each of the 31 plaintiffs is asking for unspecified general damages and $1 million in punitive damages. The suit follows a recent string of California eases in which em ployees have successfully broken through the exclusive remedy rule of workers compensation to sue their employers in state courts (Bf, May HI. Since none of the plaintiffs currently has an asbestos-related dis- eai--only fear of eventually developing it after exposure--the case aL appears to be a new thorn in the thicket of asbestos litigation. The plamuffs were told following medical examinations that each of them is `subject to developing the condition known as ashestosls it'd as a result thereof will require medical attention for the rest of their lives." say court documents. Plaintiff attorney Lloyd Robinson cites a recent California case as /"-ew rmiijfi mi oaag 6 2 H | |<*l Continued /mm pupe 2 a preceden' for legal action outside the workers compensation system when an employer's fraudulent and intentional concealment of a hazardous condition caused aggra vation of i disease. The California Supreme Court ruled last year in an asbestos-re lated case agoinst Johns-Nlanvule Products Corp. that a worker suf fering an industrial disease can sue bis employer for fraudulently con cealing the disease and its cause (Bf, July 28. 1980). "Pacific Telephone 4c Telegraph Co. intentionally failed to reveal itr icaowledge of said (asbestos) risa. and consciously and actively con cealed and suppressed said knowl edge from its employees," the lawu--t contends. Pacific Telephone had no prior knowledge of hazardous condi tions, counters a company spokes man. As soon as Che possible presence of asbestos fibers was brought to the company's attention, work stopped and air samples were sent to an environmental laboratory for analysis, he said. Subsequent on-site testing con ducted by the telephone company found that asbestos levels did not exceed safe levels set by the Occu pational Safety and Health Agency, the spokesman added. The other defendants, who are >wtne manufacturers or distribu tors. are charged with conscious disregard for the safety of product users. They had specific prior knowl edge that there was a high risk of injury resulting from exposure to asbestos but did not try to protect or warn users of the danger, says '-he suit. PLAINTIFF'S EXHIBIT att-iio All nf the 31 plaintiffs have flirt work--.-.'irapenatipn cases as weii avcivil >-.tu confirmed Pacific Tel ephone. tile first case will be heard blore the Workers Compensation Appeals U-iard in January and is expected u, set a strong precedent forthe others. The exposure occurred over a six-week period from May through June 1980 in a 30-year-old building where Pacific Telephone was re modeling a switching office. Large cables containing telephone wiring that were lodged between two floors had to be tom out An asbestos product was used to insulate the cables between the floors and workers had to dig it out to dislodge the telephone cables. No breathing apparatuses or other safety equipment were used. "None of Che employees knew what the stuff was until two em ployees of Western Electric saw what was going on and told them," Mr. Robinson said. Before that time workers were not aware that expo sure to asbestos presented any risks. Asbestos makers and distributors named in the suit include: JohnsManviile Corp.. Fibreboard Paper Products Corp., Owens-Coming Corp- GAP Corp., Combustion En gineering Inc- The Cdotex Corp, Unarco Industries Inc., Ray&estos- Manhattan Inc. Also, Standard Asbestos Manu facturing 4c Insulation Co., The Flintkote Co.. Armstrong Cork Co. J_P, Stevens Inc- Thiupe Lnsulauon Inc., Crown Cork 4c Seal, Sepco Corp.. Nicolet Industries, Amau-x. Claremont Inc., Eastern Refrac tories, H.R. Porter Co- Pittsburgh Coming Corp. Also, Rock Wool Manuiacrur.r.g Co. Lnc., Atlas Asbestos Co, Eagie- picher Indusffies Lnc, 48 Insulauor. Corp, Aeands Inc, Munder Corn Inc, Rubenod Co, Keesby ic Man- hatUson Co, Phillip Carey Manu facturing Co. and Pabeo. LLA 001173