Document NNknjRKZ4R74m3p1EG0dxdmQD

i. 01151 January 27, 1969 Industrial Aeoldent Board State of Montana Helena, Montana 59601 0362S041 ATTENTION* Robert Swanberg Chairman Bet employee* Robert Cohenoor Employer* Zonollte Division V, B. Oraoe A Co. Dear Mr. Swanberg* This will serve to confirm our several telephone oonversatlons oonoerning a determination of the preoedure to he followed in the above matter. As you are aware, Fora 37 was filed with the Board by the employer In August of 1966, describing Injury as "pulmonary fibrosis". Mr. Cohenour had undergone oertain aedloal tests in July of 1968 which indlooted a condition described as "pneumooonlosis characteristic of asbestosis". He returned to his employment immediately after these tests were con ducted, and has remained actively employed slnoe that time. My question as presented to you In our discussions related to the Board's Interpretation of The Oooupatlonal Disease Aot of the State of Montana, particularly as It applies to asbestosis under the above factual situation, and the further prooedure If any whioh may bo required by the Board at this time. 1 believe we agree that under the Aot, the Board Is required to determine the validity of olalms in aooordanoe with the prooedure outlined la Seotlon 92*1313# R. C. M., 1947. whioh apparently requires a aedloal examina tion by a member of the "Medical Committee" appointed by the Board. It should however be noted that It is apparently contemplated that this prooedure not be set In notion until such time as a olaim for actual disability has been filed* The problem next logically appearing therefore, ooneerms what, If any aotivl.ty or action may be required of an employee possibly suffering from the oondltlon known as asbestosis, but not disabled and capable of performing hla regular employment. 15163049 $ . y*' It appears that If in fast a Nmi tM actually wrtmttd tha disease, It nay or nay neVvpragrene to snoh a point ** . to ho disabling. 0362S042 : * ' '-',i As vo discussed, tho Aot |MMirtt)y tfitlB|si>hoa elalae Involving olllooolo or 1ob1i1b| nd|UM fro* all other ooonpatlonal dlsoaoo. Tha 196? Aasadnsat adding aobootoala - ao an ooonpatlonal dlooaaa apparently did not oontenplnte using tho torn "asbostoolo" interchangeably vlth "silioools", and It would therefore appaar at firat blush that asboutaolo oust then bo oonsldorod to bo Inapsd throughout tha Aot with the other ooonpatlonal diseases* This diotlnotlon would of oourse appear to be of oaaaldarabla isportanoe whom consider ing various other portion* of tho Aot* Sections 92-1312 and 92-1313* A* C* K*, 19*7t road together* seen to lndloate that "notloo of disability" ohould bo filed by tho enployee, except In oaooo Involving sllloosls, within thirty days after tbeenploye# was or should have boon aware of tho nature of the lapalmont# and that hi* "olaia" should bo filed within thirty day* after filing *u*h notloo of disability* v v,;-4 A* the tern "disability* 1* aynouyeoo with tho ton "dis- ablenent" under 92-1503* 8ob-*ooti*n 5# and noans "tha event of beoonlng physically incapacitated", it dee* not appear to no that a notion of disability a* required under Sootlon 92-1313 need bo filed until suoh tine a* physical incapacity booones a foot* > It aeeue to no that to provide ^otherwise would require an nployoo who suspects ho nay actually have oontraoted asbestosls to file his notloo and elslu, ovon though ho lo not In any way disabled, fhia ln tun would aeon to sot in notion tha Board prooaduffi required under Sootlon 92-1315, and oouid very well hapa the effeot of prooipltatlng a contested olaln before the Bdaurd* Which In tho final anatywia nay never involve any aotual fhywloal incapacity. On tho other hand* it would aeon that if no further addle* lo required in a oase of this typo union# actual phyeioel Incapacity does later ooour, all right# of both tha enplapaa and enployer arc fully protected* and the natter ean be * later litigated if neoeeeary* V As wo discussed, I shall very soeh appreciate your trnaltif lng tho situation and providing no with tho benefit of rear own flows. . c ; '* * A . Sincerely, -r- ..*e?* . HX ft** 'HRiS STL/nk f Y. Larrloh 15163050