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FILE NAME: Garlock (GAR) DATE: 1945-1948 DOC#: GAR014 DOCUMENT DESCRIPTION: Workers' Comp Case Report with BC Notes GARLOGRJ ' Much of this material was numbered as exhibits in the case of Adams, for which I was deposed on Jan. 5 and 1 2,199 5 (Plaintiffs' attorney Harry Goldman 410-8374222). 1945 -- Workers' comp proceeding was brought by family of Vera Clemons, who had worked at the plant in Palmyra NY in 1918-1920 (that's from employment records; med. rept. says she worked until 1929 at Garlock the first time) and again in 1942-1943 in the textile department. Report by Dr. MJ Moskovitz in 1945 says she died from asbestosis. A 5-3-49 letter from Lumberman's Mutual to Garlock informs that "the amount of the award in this case will amount to $6086.15." 1946 - November article by Hendricks, "Industrial Hygiene Importance of Dust" in Southern Power & Industry describes asbestos hazard; same issue includes ads by asbestos companies including Garlock. 1947 -- Garlock ad in March 1947 issue of Modern Power & Engineering pictures and discusses workman loading an armload of raw asbestos fiber into processing equipment ("from raw material to finished product"). 1947 -- Garlock, as a member of the Asbestos Textile Institute, was included in the report by W . Hemeon of the Industrial Hygiene Foundation. The company had no data on the prevalence of asbestosis among its workers'. 5-minute dust counts were reported (4) on a day when most windows were open, 1.5-3.1 MPPCF. The main Hemeon report disparaged any reliance on the 5 MPPCF guideline as a safe exposure. George E. Houghton was deposed on 12/4/86 in Overby and recalls attending ATI meetings from 19561970 and rarely missed one (pp. 82-83, 92). He was recorded as present at the March 8 ,1 9 5 6 meeting and this is noted in the minutes of those dates. There, Dr. Hueperis writings on asbestos and lung cancer were discussed. He admitted being at the 3/8/56 meeting but not the one from the day before, where the minutes also record him as present and contributing to the discussion on "fibre conditioning." ATI minutes spoke about the NY conference organized by Dr. Selikoff in 1964. Meetings of ATI on 2/3/71 at which Garlock is recorded as represented by A. Kuzmuck and W F Brainerd discussed the passage of the Occupational Safety and Health Act, the liability implications of using warning labels (or failing to), and describe Selikoff as a dangerous man whose tactics the industry needed to combat (Feb. 4,1 9 7 1 ). Houghton testified that Garlock had plants in France, the Philippines, and Spain (p. 79) where he had worked. In 1989, EPA issued regulations calling for the end of asbestos use in "sealing products in most applications." In 1990. Garlock ran ads in Chemical Week (May 23, Nov. 28) boasting of the superior qualities of their asbestos-free products ( e.g., "Garlock abestos-free gasketing and packings deliver superior sealability in virtually every application.") The next year, industry challenge to the EPA rule overturned it. I just called the toll-free number listed in the 1990 Garlock ad and asked if they still sell asbestos-containing gaskets, and was told they do (1/14/97). W i l l i a m L. C l a y A t t o r n e y a t L aw PO W ER S DU ILOI NO R o c h e s t e r a .N e w Yo r k MAIN 733 December 20, 1948 CAST RO C H ESTER O ^* I?EVER SuLOINO Garlock Packing Company Palmyra, New York Re: Clemens v. Garlock Gentlemen: 1 have not yet received attorney's fees covering settlement of Workmen's Compensation claim in the above case. Please let me know when it will go forward. W i l l i a m L. C l a y A t t o r n e y at L aw P O W E R S BUI C O IN o R o c h e s t e r a .N e w Yo r k unit" STATES ' ruUACf \ ^ -W~--V---_ 3 ctNTS 3 Oarlock Packing Company Palmyra, New York Deoenber 23. 19W5 JUserican Lumbermens Mutual Casualty Company of Illinois A t t m Mr. Oeorge A. Ryder. Comp. Reynolds Aroade Building Boehester, H. T. Claim Rei Clenons vs. Garlook Oantlaaont Bnoloeedis copy of lettar datsd Deoembar 20 from Mr. Villiaa L. Clay, attorney for the claimant in above workmen's compensation earn. Also attached is oopy of our reply of today's date. Both letters are self-explanatory and ve assume that you will handle the natter of claimant's attorney's fees In due course. Tery truly yours, TOR OARLOCK PACTIHO COMPAffT JRA1IK Rnos. oc Mr. Pierce J. R. Alsdorf Deoember 23, 1948 Mr. William L. Clay Attorney at Lav Povere Building Boaheeter 4, B. T. Be: Clemons re. Oarlock Dear Sir: Ve hare your letter of December 20 relating to attorney' fee in the above proceeding. Ve are today tending a copy of your letter to the oarrior Involved, Amerloan Lumbermens Mutual Caeualty Company of Illinois, which we assume is infonsed as to the t e n s of the award and will take action in aeoordence therewith. Tory truly yours, THT. OARLOCK PACK IJO COMPAIT JRAlIX J. B. Alsdorf oc American Lumbermens Mutual Casualty Company of Illinois Attn: Mr. Oeo. A. Byder, Comp. Claim Beynolds Arcade Bldg. Rochester, H. T. Mr. Pierce W IL LIA M r. S T R A H O CCOROC r BO O IN C C O R N E L IU S R W R IO M T W ILU A M c c o m b s Ch a r l e s w o r e c n C V IN C E N T W IS E R J O H N O. S HAW HYMAN 6. FREEMAN C O W A R P W. I C K E S ELLSWORTH A.VAR O A A A f CILAMO OONALO R .H A R TE R H A R O L D F. C U R T IS S t r a n g .B o d i n e .W r i g h t & C o m b s 8 0 0 Po w e r s B u ild in g Ro c h e s t e r a .New Yo r k February 7, 19^9. Mr. J. R. Alsdorf The Oarlock Packing Company Palmyra, New York Re: Vera Clemons, dec'd vs: The Garlock Packing Company Dear Mr. Alsdorf: We acknowledge receipt of your letter of February 1, 19^9 with the photostat of the notice of decision in the compen sation claim. We fully agree with your comments in the second paragraph of your letter. As a matter of fact we learned that the notice had been held up for some reason - probably to secure an actuarial computation. We assume that pursuant to the usual practice the Board's folder will now be forwarded to the New York Actuary of the Department to compute the present value of the award. After that, a further notice will be sent out stating the amount the Carrier is required to pay in a lump sum covering future payments. Since the amendment of some years back, the carrier is now compelled to pay in one lump sum to the Aggregate Trust Fund to cover all future pay ments . With respect to your last paragraph, you are apparently work ing under the assumption that death benefits are nayable to the respective children only until each becomes 18 years of age. This is the provision in Section 16 of the statute. However, Section 66 as it existed at the date of the death contains no such limitation with respect to the age of the children. The second sentence of Section 66 provides for the payment of benefits for temporary or permanent total disability or death from silicosis or other dust disease, "notwithstanding any other provision of this chapter**". However, payment is to be made only to employees *** or to their dependents. This is the reason that the claim of the husband was denied. I have tried to reach Mr. Ryder since receiving your letter hut he is out of town. I shall discuss this angle with him at the To: Mr. J. R. Alsdorf - 2- Re: Vera Clemons 2 /7 /4 9 first opportunity and see if his interpretation of the statute is the same as mine and if there is any question about it, I shall let you know. It is to be noted that Article 4-a was repealed by Chapter 431 of the Laws of 1947# effective July 1, 1947. However, Section 14 of the repealing act provided in effect that any rights previously accrued under Article 4-a prior to July l, 1947 shall inure to the benefit of any persons affected thereby as though such Article had not been repealed. This saving clause seems directly applicable to the Clemons claim. I have arranged to obtain photostats not only of the notice of award but of the claim and medical reports together with Mr. Clay's letter of transmittal to the Board and as soon as they are available we shall prepare our motion papers for leave to serve an amended answer, setting up the compensation pro ceeding and award as a further defense by way of election of remedy. If we are permitted to serve an amended answer, we shall thereupon move either for a dismissal or for Judgment on the pleadings along the line of our discussion with you. Of course, you understand that we could make no motions until the notice of award went out. We shall keep you advised. ? //// f A / t ^ 7 .1 < 4 to Mar oh 1, 19**9 Mr. Charles V. Oreen Strang, Bodine, Vrlght and Conbs 800 Powers Bull din* Rocboster b, N. Y. Bet Yera Cleaona, deo'd. re. The Oarloofc Packing Company Dc b t Mr. Oreen: Enclosed la photostat oopy of corraotad notlea of declaion in tha worVonan'a compensation caae. This la tha seoond corraotad notloa being datad February 2b, the first corrected notloe being dated February 11. You will note thnt the only ohange orar the first corrected notloe is that the award is stated "not to exceed $6 ,500.00* rather than in full anount of $6 ,50?.00. I lenov you will wish to infora yourself of the reason behind this change If you nre not already aware of it. Tary truly youra, TBS G'.HTOCir PACKING COMPANY JRAiIK Eno. J. R. Aladorf WILLIAM r STRANG ctORct r b o d in e CORNCLIUS R W RIGHT WILLIAM c c o m b s Ch a r le s w g r een C VINCENT WISER v Oh n g S haw HYMAN e. TRCEMAN COWARO W ICKES El l s w o r t h a .v a n ORa a t c il a n o OONALO R HARTER H A R O L D r.C U R T I S S t r a n g .B o d i n e . W r i g h t & C o m b s 800 Po w e r s B u il d in g Ro c h e s t e r a .N ew Yo r k April 21, 1949. Mr. J. R. Alsdorf The Garlock Packing Company Palmyra, New York Re: Vera Clemons, dec'd vs: The Garlock Packing Co. Dear Mr. Alsdorf: Replying to your letter of April 19, 19^9, Mr. Ryder informed me that the awards had been straightened out to the satisfaction of his company and that arrangements were being made to pay the same. Frankly, I neglected to Jot down any figures but it was agreed that the death benefits payable to the children would terminate on each child's attaining the age of 18 years. This clears the way for the motions that we discussed and we shall proceed to prepare our papers as soon as possible, keeping you advised. Very truly yours, STRANG, BODINE, WRIGHT & COMBS CWG-ib . r/ U * >* The Garlock Packing company PALMYRA, NEW YORK April 2?, 1^9 Mr. George Ryder, (Aaericnr.) Taoberneaa i-tutu! Casualty Cocoony of Illinois, Reynolds Arcade Rul'd log, Rochester, S. Y. Re: 7ere Clenons, dec'd. ys. The Gr.rloclc Packing Cosipf.ny De"r Mr. Rjrder: Mr. Chrr'l<o V. Green hen Informed un th't the final figure for Bettlenent of the above workne.n's conrenertion clelai proceeding hire been deterolned. Ve assume thl* lneludee th.o (mount of the lump cub payment to be nnde by Luabernenn ihituel to the `gnregete True! Fund to cover further paynente. Pa should appreciate being inforned of these nDOunts In order to corclete our file*. Fery truly youre, TRY GyPWCX ?*GKITO COM?AMT H3?:IK C" *1 rs:orf Secretary. W. C. B. Cue No. WORKMEN'S COMPENSATION BOARO wms 0* MTS rom N o n a or d ecisio n in d e a th case N uns of Dcdant Carrier' Casa No. rttio xu - ft g lW W ia &a*d. to ) Claimant: u 4 I . Olamoaa i) f*M ir H r r MX larlook Paeklng 0 'a l l i b r a MX At t y . l . C lay Emplorar: f * W l Bldg * Koa b o r t o r I f t MX * r i o r w i f* Kaap 25 K ala S t. Kacadoa VI X la la a ft Ja n a a M angiam ela 1)5 V. F o a ta r S t. P alnyra IT , You a rt hereby ootlfled Out at a hearing held before Om Workmen's Compensation Board on i / v ............ ....a decision and award of compensation waa mad. (a Ota above caae aa foDowa: law AMrm IrfcfW M DaleWMrft Nrawaft RatopmWaft PnfMxta to ft aad to e Lualila P. C .anoag to 1loranaa 1. l a p , C o u r t appointed guardian, f 25 Rain St. lacdon It Paynanta to ft* n a d a for lugana Clan ia to Uali a ft data i Mangi malm. Court appointed gun diana, of 1)5 V. FoatarSt. PalmyrarIT CLOSED. and the emplorar and inauranee carrier ara hereby directed In accordance with the proviaiona of the Workmen' Compensation Law, to pay auch award to the following peraona: To tw it (K.-- I (Mal and funeral expense. t to ......................... <* I Employer and carrier are directed to pay at once $ ............ for weeks at 9 .................. from date of death .. . ....... to ......... ... 19...., direct to the ............................................................................... and thereafter (I ...................bi-weekly). Balance of the award ia ordered paid into the Aggregate Truat Fund ae provided under Section 97 of the taw. Present value of the award aa ordered paid into the Aggregate Truat Fuad aa o f .................. ia 9 ............. Present value doe* not Include funeral benefits. Check to be drawn to the order of "State Insurance Fund -- Aggregate Truat Fund Account." The Aggregate Trust Fund ia to make bi-weekly payments at the rate of 9 .......................... beginning with to the .......................................................... " Death benefits to surviving widow shaO be Increased to 40$ of decedent's average weekly wage base upon termination of death benefits to children. The above copy of the decision and award it sent you pursuant to law. TAKE NOTICE that the above award or decision was duly filed in the office of the Workmen's Compensation Board on the tenth I of Alignt 5ft Dated | /1 0 /)ft c MO 67 l Chairman Reduced 7/21/86 '` . ii4 . -y * a. ~ TV 7 _ -> >fs -~" ! <M>rV -J ,,W '' .-. v^T7 . /> -n w ?: j. rv \ r-' V" 7$ /W i j^ h . T V 7 - [ b1J , \* sk ^ z' \ ' T)'-^' y? x. j J - s j C ZL P*7 J /2<n, U^ccJ L i -l, ? ^ f-Z -f _____ }~ t-< ,, f'ios-7 " . .. 33. 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