Document dYR1b78wExp9X08wNRy53VONq

i HOME OFFICE Lbuftii September 12, 1958 HOME OFFICE CLAIMS PAUL N. CARMICHAEL RE: LINK VS* HHSSBA&cBSgglG. CO. C42-18081.2 lou have asked our opinion as to the advisability of pursuing the same procedure in this case as in King v: buTruantta. wherein we succeeded in a summary Judgment motion in the federal courts. Relevant material in the file is first suiflmarized as follows: Petition, Clr. Ct., St. Louis, filed 11/27/57: Plaintiff employed by defendant as welder 1945 - 1957* exposed to gases, fumes, dust and metal particles, causing general infection in respiratory system. Defendant was negligent in that the work and the nearby grinding operations were likely to and did produoe and aggravate illness incident thereto, that defendant failed to provide pro tective devices in violation of Seo. 292.300 (O.D. statute), failed to have plaintiff examined monthly under Seo. 292.330 (which refers to 292.310), failed to post notices as to dangers under 292.420, failed to provide respirators under 292.320, exhaust fanB under 292.380, dust catchers under 292.390 and grinding wheel hoods under 292.120. Petition also alleges common law negligence . in falling to provide a safe place to work. Plaintiff has emphysema, pneumonitis, fibrosis and bronchiectasis, caused and aggravated by the above and is permanently disabled; ad damnum is $>150,000* Employment History. When hired in 1945, plaintiff was examined by Dr. Meinhardt Ideoeased) who noted ankylosis of the spine but nothing as to respiratory system.. According to his work atten dance records, he was absent five weeks in Karch-April, 194?, and he stated on deposition that he had pneumonia and was off five or six weeks "about 1950 or 1951s (he must have meant 1947) Company medical reoords show his return to "light work* April 15 or 16, 19^7. A "Physician's First Report," dated 4/14/47, states that plaintiff became sick 2/1/4?, with what looks like "emphysema right," though the writing is not very legible. Not until July, 1954, washhe again significantly absent; he was then out for 12 months with respiratory trouble. In July, 1955* he was re-employed with Dr. Donley's exam showing his right chest still bad; "patient extremely underweight...capable of doing only very light work for approximately 3-4 hours a day." Plaintiff's own Dr. Drum wrote, 7/8/55, that he was sufficiently improved so that "light occupa tion would be beneficial." He apparently then did part-time work as a welder, but 9/9/5 he became a "machine helper* as the com pany could not continue with the part-time arrangement. However, SPNV 000023