Document VjKymK626494xVQg9v960BRJo

Memorandum (Translation of important passage* in Amtliche Nachrichion lQ<r rtolchaveralcharung) 1 Excerpt from the Reasoning of th.fl Government regarding the introduction of the 4th regulation In 1943 (Amtllchg Nachrlchten for Rglchsv- Appertaining to aec 2 of lh 4th ragulation No. 7 (introduction of lung cancer caused by asbestosis as a further disease Into the catalogue of diseases to be compensated): "On the ground of asbestos and in 3 causal connection with it lung cancer may develop." 2. Essay by Prof M 8auer ''Die vlerlh Vorordnung ..." (Aotliche Nachrichten fur Reichavonlchoning 1943 p.133 9t sea.) p. 130. "Sec 2 No, 18b: Disease of the lung caused by asbestos (asbestosie) In connection with lung cancer. A serious lung disease caused by asbestos (asbestosls), a special kind of lung fibrosis due to inhaling the dust of asbestos, is already compensated in accordance with the provisions set forth in the 3rd regulation. At first sight one would have asked whether in connection with asbeatosia tuberculosis will occur In the same way and with 3 similar frequency as in case of sllicose and whether it causes a specific courso of tha disease, As far as German literature is concerned, one cannot derive from it a convincing judgement. For the first time lung cancer was considered to be due to the inhaling the du9t of asbestos in a publication abroad in 1935. Similar publications were made in various other places. In such publications it was set forth that mostly It was a special kind of cancer (,,Verhomendor 3!attenepith*lkrebs') in the region of the lower lungs. In December 1937 in Germany the results of two sections of esbestosis-s/ck people who both had suffarad from a serious asbestosls which for that reason had to be compensated wars published stating that lung cancer had been caused by that. Since these two cases were followed by others and since there could not be any reasonable doubt on the connection between asbestosls and lung cancer, there was (ho necessity to grant Insurance cover when lung cancer and asbestosls coincided without tha requirement of seriousness of asbeatosia being given." 3 Sec 2 of 4th Regulation on (he Extension of Accidental Insurance for Pro foaional.QteMi.es g.e*chggesgUb)aiL, 1943, Taj) I. o 8$_ et sag; Viefte Verordnuno Ober Ausdeftpuna dot Unfcilv'gffreiiflDjna.auf ggrufskrgnkhglien) "No 7: In No, 18 [of the existing vanlon of tho regulation] the wording of column li is amended as follows; " a) Serious disease of the lung caused by asbestos dust (asbestosts) b) Asbestosls In connection with lung cancer",' 4 3rd Regulation fRelchaqesatzblatt 193S Tell 1, p, 1119 et sea) Annex (0 the 3rd regulation containing in No. 18 asbeatosis as disease which is to bs compensated 5. Compensation In principle, if an employee suffers from a disease which Is encompassed within the annex to the regulation this is transmitted to (he so*ealled "Berufsgenossenschaft" {*.e, the employers' liability Insurance association), The employee may then file an application with the Berufsgenossenschaft to be compensated. The respective cods (i a. (he "Reiohovigrsleherungsurdnung or "HVQ") entitles the government to enact regulations containing the diseases which are to be compensated,