Document mbj4QLngJrDbr1omDk96rQO00

FILE NAME: RT Vanderbilt (RTV) DATE: 1974 Nov 4 DOC#: RTV231 DOCUMENT DESCRIPTION: Vanderbilt Inter-Office Memo Concerning Conference Call at Syracuse 2044 16 - Vanderbilt Inlcr-O fficc Memorandum dated November 4, 1976 (I'uri's 2044-2045) Hr. H. B. Vanderbil' Mr. T. T. Noland l\'- Mr. G. t. Fiedsrlein ' Dr C. S. Thompson Mr! V. 0. Streitmatter Mr. G. E. Erdman Mr. P. B. Gibney. Jr. Dr. K. S. Karsten ^ A. M. Ilarvt C. S. Thompson November 4, 1 5 ;< CNA Insurance Syracuse, New York Mr. Ted Estergard M r . Roy Orr Mr. Alan Goldberg-Attorney Report ot call at Syracuse! Dr. C. S. Thompson and I discussed the Workmans Compensation hearing scheduled for November 17, 1976 dealing with former GTC worker Francia Boney. Mr. Boney died in May 1976 whila his compensation casa was In progress The diagnosis was death due to bronchogenic cancer. Prior to death, Mr. Boney was claiming complete disability due to talcosis. Mr. Bonev widow is now claiming that the cancer was a result of talcosis, brougf on by exposure to talc, and CNA is faced with a sizeable claim that must be handled separately from the W, C. proceedings that ware takinc place before Mr. Boney'a death. In this type of case, unlike the W. C. cases of disability of living claimants, there is no settlement out of court. CNA either pays the stipulated sum to the widow or is freed from any responsibility, deper ing upon what the court rules was the cause of death. CNA believes that i f the W. c . court referee rules'that death was cau by cancer which in turn was caused by talcosis, therawill be a rash of similar claims from many other GTC workers. This may ba especially c case since the Boney widow's lawyer is apparently making a career out of handling talc worker cases. He has handled some ZTC worker cases, ls now adding the GTC workers to his list of clients. Mr. Goldberg said that the Boney attorney had mentioned that Mr. Kit: would ba at the hearing, and it ls believed that Kitts also gave tes: mony at other hearings involving former ITC workers. Accordingly, C: is quits anxious to counteract any Kitts testimony that asbestos mig: be Involved ui tno Boney casin', otherwise, ify believe they can exp. many moro similar claims from formar GTC workers. It was agreed that Mr. Harvey would attend the hearing scheduled for November 17th in Syracuse, for the purpose of observation and advisi Mr. Goldberg in any way that might help counteract Kitts testimony. Mr. Goldberg will leave the hearing opon until we have had a chance study the transcript of the Kitts testimony with Dr. Thompson, then another date will be set for Dr. Thompson to present rebuttal as we: new testimony of his own. They felt that this procedure was as goo* or possibly better than having Dr. Thompson at the hearing on the s: day as Kitts. 2045 2 - We discussed at length the medical aspects of the case. CNA is now relying on a pathologist from Albany who may or may not know much about the talc-asbestos problem. We suggested that CNA contact Dr. Tabershaw for advice on this whole situation, and they seemed quite receptive. We would not be surprised if CNA brings him in on the case as a consultant. In summary, CNA is mainly interested in disassociating talcoais from lung cancer and, by inference, exposure to New York State talcs from carcinogenicity. do this they need to pstablish that little or no asbestos was normally found in the ores mined et the time Mr. Boney was working for GTC. This is where they need our assistance. AMU.-sib < 2046 17 - Letter from )rvlRH. Tal.er.haw, M.l). to Gouv.rtte.tr*. Worker.' Compensation Carrier dated September 27,1977 . < G " TABE05MAW, M O C o n tu llin t ' OcCunU'O*! M tdiC 'f SEP 3 0 1977 I0?S f *rM>o* RoJ. Su.if 30?. Maryt<nd 3003 Tnof>o''* 0 0 *1 33 06 99 ? Septertier 2?, 1977 Hr, Theodore G. E sterguard Supervisor, Workmen' s Compensation Claims Syracuse Branch Office CNA Insurance P. 0. Box 1243 Syracuse. New York 13201 Be: 40-126992 R.T.Vmderbil t, Inc. Francis Boney (deceased) Oear Hr. Esterguard: Or. lanvn and I have reviewed the m aterial you se n t us. I t shows the following: ' 1. Cancer d iagnosis is n o t in q u estio n . 2. Cancer metastatic to adrenal glands as cause of death is not in question. 3. Remaining question is whether or not the worker's mining exposure may reasonably be responsible or p a rtia lly responsible for h is cancer. To wit, i f the worker had 17 years' exposure beginning 25 years ago at concentrations o f 2-5 fibers/cc, that exposure <s probably sufficient to be at least p a rtia lly responsible, p a rticu larly in a man with more than 20 pack years of cigarette consumption. If the concentr atlon was < 1 flber/cc, causation Is increasingly doubtful, as r isk appears to go down very markedly with drop in concentration, likew ise, latency appears to Increase. Furthermore, the responsible fiber exposure would be that o f more than 10-15 years ago. not the recent product exposure. Neither Or. lanvn nor I w ill be available to testify. If you feel medicalepidemiologic testimony is necessary, consider either Or. Keith Morgan of West V irginia U n ive rsity o r Or. Hans W eill of Tulane University. cc: M ie n Harvey Irvin g R. Tabcrshaw. H.D. RECEIVED OCT 3 1977 W, C, S & R 2047 18 - Workers* Compensation Case Coney v. Gouverneur (77 A.f>. 2d 702,430 N.Y.S. 2d 399 (3rd Depi, 1980) SHEPARD v. SHEPARD onq CJlnApp.Dhr.4*N.Y.U4SH 77 A .D 2 d 702 In the M atter o f the Claim of Elaine CONEY, Respondent, v. GOUVERNEUR TALC COMPANY ft al., Appellants, Special Disability Fund, Respondent, The oppellanta contend th at the record is insufficient to establish a definitive link between the decedent's couse of death car* cinomatusis-lung cancer, and his harmful mineral exposure admittedly causing pneu moconiosis. (Cf. Miller v. National Cabinet Co., 6 N.Y.2,1 277, 204 N.Y.S,2d 129. 168 N.E.2d 811.) Worker*' Compensation Bosi.1, KespondenL Supreme Court, Appellate Division, Third Department duly 10. 1080. The board found: Upon review of the record the Board Panel finds, bused on the testimony of Mr. Kitts, that tests performed on sam plings of Lalcosis indicate a 2%-S% asbes tos content ami as high as a 60% content, and on the basis of Dr. Miller's testimony Appeal was taken from Workers' Com pensation Board's decision awarding death benefits. The Supreme Court, Appellate Division, held th at evidence sufficiently supjwrlcd Board's finding to effect th at decedent's death duo to lung cancer was causally related to his compensable pneumo coniosis. that decedent's underlying lung condi tion, pneumoconiosis. Is a predisposing factor for lung cancer and Dr. Mixon' testimony th at there is a definite rela tionship between asbcalosis and lung can cer, that the decedent' death on 5/5/76 is causally related to h b compensable occu pational Ulcoeii. Decision affirmed. Workers' Compensation c=*J$09 In workers' comjicnsation proceeding wherein death iwnefts were awarded, evi dence sufficiently supjrertcd Workers' Com* jicnution Board1* finding to effect th at de cedent's death due to lung cancer was caus ally reluled to his comjKmsuhle pneumoconi osis. The record as a whole contains substantial evidence supporting the award o f death benefits. Decision affirmed, with costs to the Workers' Compensation Board against the employer and its insurance carrier. Sugarman, Wallace, Manheim & Schoen* wald, Syracuse (James G. Stevens, Jr., Syr acuse, of counsel), for appellants. Rolicrt Abrams, AUy. Gen. (Theresa E. Wolinski, Maijwth, of counsel), for respon dent Workers' Com|cnsation Board. Before GREENBLOTT.J. P.,and KANE, MAIN, MIKOLL and HERLIHY. JJ. MEMORANDUM DECISION. Apjtcai from a decision of the Workers* ComjiensaUon Bount, filed December 1, 1978. 77 A.D.2d 701 fa the M atter of Thomaa SHEPARD, Appellant, v. Judy Van Ben Coten SIIEPARD, Respondent. Supreme Court, Appellate Division, Third Department July 10, 1980. Appeal was taken from order entered by the Family Court, Chemung County,