Document QzakKqgGdpOXOrgNjazNeBpo

ULAx*+>*t$-v3JS*4 . /r February 15, 1944 19 Mr . D . L . Hayes, Laverack and Haines, Incorporated, White Bullsing, Buffalo, Hew York. > Dear M r . Hayes t I have your letter of February 12, with its enclosures which I have examined in some detail* I am returning the enclosures in accordance with your request. The additional evidence presented by Dr. Akelaitls seems to me rather tenuous, and I can hardly think it will be taken very seriously in view of the previous record, i'f>: the testi mony of Dr. Bercel is presented clearly on the basis of the report which he iia3 given you. Perhaps Dr. Bercel might make hi3 testimony even somewhat stronger than it i3 if he were to point out that abnormalities in the brain waves such as have been found commonly in relation to epilepsy, have also been found in connection with postural changes, certain metabolic disturbances, and certain other conditions associated with changes in the cerebral blood flow. I do not want to put words Into his mouth, and moreover, he may not agree with me that the E .E .G. findings are not to be accepted as wholly trustworthy evidences of epilepsy or of organic diseases of the brain. However, there are people who question somewhat the validity of brain tracings for the diagnosis of epilepsy and would consider other clinical evidence as entirely neces sary to justify diagnosis. Without having had any profound experience in the field, I am disposed toward that opinion. In any case it would not seem to me entirely necessary that I should return to testify in this case. I would certainly testify along the same lines as my previous testimony, and certainly m y opinion Is in no wise changed, but I see no great advantage to be gained b y a restatement of what I have already said. This does not mean that I am refusing to appear, but I hope you will find it possible to release me, since I can ill afford the time that will be required for such a reappearance. Very truly yours. FAK ef Enc. Kotiert A . "Kehoe i 'M .""D W ILLIAM P . H A IN E S W ILLIAM . LEN IH A N D O N A L D L. H A Y E S LAVEM CK & HAINES INCORPORATED INSURANCE WHITE BUILDING BUFFALO, N. Y. HOWARD B. CLEAVELAND R IC H A R D L. S L Q S 5 0 N HOW ARD C. LAVERACK February 12th, 1944- Dr. Robert A. Kehoe Director, Kettering Laboratory of Applied Physiology Cincinnati, Ohio Dear Dr. Kehoe Case No. 71109322 Claimant v. Rocnefter rro'ucts Division General Motors Corporation You will recollect in the above case that the case was disallowed on the ground that there was no proof that the claimant suffered from lead ':oisoning as a result of his occupation. Subsequent to the disallowance, Dr. Akelaitis of the Strorg Memorial Hospital through the claimant's attorney filed a report after the making of some electroencephalograms. As a result of this report, the case was re stored to the calendar and in the meantime, I engaged Dr. Bercel who was recommended to me by Dr. Gibbs of Boston as knowing some thing about electroencephalograms. He went to Rochester several times and checked this case for me and the electroencephalograms. It appears that the tests do indicate some abnormality. The hearing was finally held last October at which time Dr. Akelaitis testified. Due to the illness of the hearing stenographer, I was not able to get the testimony until last week. The case, has been on the calendar several times but I have had it adjourned as I did not want to go into another hearing until we had the testimony. Due to a shortage of stenographic help in our office, I am enclosing the only copy of the testimony I have together with the only copy of Dr. Bercel's memorandum on the case. I wish that you would read these over as I' am sure you will find them interesting, and return to me with your opinion. It is my present intention, as soon as this case is called, for hearing, to have you come to Rochester to testify again, inasmuch as when you testified at the last hearing, there was no question brought up at that time with regard to the electroencephalograms, nor ivas there any question brought up regarding the nocturnal attacks which are now being alleged and I feel fairly certain that the type of testimony which Dr. Akelaitis has put in this record will not change your opinion. 2 Dr. Robert A. Kehoe February 12th, 19-44 Yiill you please return the testimony and the report to me as opuickly as you can and I will wire you immediately I know the date upon which the case will be scheduled. Kindest regards, beg to remain, Very truly yours, D L H :DFF Enclosures 2 Donald L. Hayes Secretary KJs 00133