Document n9XxYaxVZnKXQ7GbDnVQ8Q916

LftJMUJtU H X IJLk January 28, 1963 mOWOCONIOSXS CAS33 In Definitions An A feed slip ease Is n omplegreo who has bears madieaHy identified &a hiring one of throe stages of pneuaoconiosis of occupational origin fie A Pink slip casqda an employee who has been radically identified as posslblT showing eigne of pneunoecnlosis, Co A Blue slip ease is an employee who has boon medically identified os having a non-occupational lung condition. (Ordinarily, this person is promptly told of hio condition end management is promptly alerted.) Zo Bed Slip Cases A. Wo have 71 Bad slip eases. The Doctor has advised management to keep these employees out of toxic dust. Forty-six of these employe*a have bean told (by the Doctor) of their condition and are either in dust free areas or are wearing respirators on part or all of their jobs. Twenty-five Identified Bed olip oases have not been told of their condition and are not necessarily in dust free Jobs. Baekgnattid fit 1955 we surveyed the plant and discovered 50 Hod cases. By late 1957, most of the oases had been told of their condition end were "safely* pieced? From late 1957 to late 1961, soma Bed slip cases wore retired or hnd expired. Soma new cases had bean discovered each year. The average mmber of cases remained at about 50 with from 46 to 50 knowing of thoir condition and being "safely1* placed. In late 1961,the reading of X-rays of annual physicals fell behind. Xn July and August, 1962, Dr. Sodth read all delinquent X-rays. He reported 24 new Bod oases. Ho stated that some of the new cases should hava been classified at an earlier X-ray. (For example! Dr. Pitts read an X-ray of January, 1961 and said it was not a Red esse. Dr. Smith read an X-ray of January, 1962 and said it was Red and further, the January, 1961 X-ray should have been Bed.) Dr. faith reads X-rays throughout J4I and has a broader knowledge of Workman Compensation liabilities on O.D, coaos in the U.3. and Canada. From July, 1962 vmtil now, only two new Red elip employees have been told of their' oonwdi' tlo'n. . . * 0. Ptoomtan (1) From o moral standpoint, employaoo ldontifiwd cs hawing pnoumoconioBio should bo told of their condition promptly* (2) From an ethical staidpoint, Doctors should toll these people of their condition promptly* (3) From a practical standpoint. If we toll. 25 perrons they are jmewtoocBiiotio within the next 2 to 6 weeko^thsro maybe m undeelrabls pmic or noar-pataie. ' Baaamtiii&issa. (1) As on roiployee who is an untold Rod slip case eaaes up for hie annual physical, Medical, Safety and management personnel will place a top priority on clearing his Job and telling him of hi8 condition* (The plan will be to tell 1 in January, 5 in February, 3 in March, 3 in April, 3 In May, 3 in Jimo, 3 In July and 4 In August* Thus the backlog will bo completed by September 1, 1963.) (2) Safety and Medical personnel will arrange to hmdie "problem** cases first* (3) Safety and Medical personnel will draw-up a schedule of annual examinations of these untold Red slip cases in order to avoid such problems of telling two employees in the same department in the same month that they art Red Blip oases. ? tokJ*2&B_Am Ad Problem We have approximately 225 Fink slip cases* In each aass a Doctor has advised management - "Keep this employes out of toeda duet,** (1) The Doctor has not told the employee he is a "possible" ease* (2) Management cannot keep the employes out of dust if they cannot tell the employse the reason for their action, JBflctaaiA At a mooting of C* L. Sheekler, Dr* Davlccn, Boyd Mulder, Ho C* Smith, Jo D, Anderson and B* C. Oreane on January 17, 1963, the Pin>( slip cane problem was discussed. It ms generally agreed that management cannot, at this time, handle the prohlcro of tolling 225 Wnk cases of their "possible** condition, keeping thorn on dustfree Jobs, and steering them out cf temporary dusty Jobs which corao up without a Job classification change* Mr, Sheekler mentioned that at the ManvUlc Plant, there are no Pink slips* All infomotion on the subject is kopt In the Modi cal record of the employee and Is roriowod 0orefully by Medical ponwnnel nt o-'rh crmunl physical* Co (1) We rocnuEnund a policy bo mndo that all informaticn on rink clip cOocm be rotuntod to the Hodical dei>artwjnt records end that any now ^possible" isieunoconiosls cases be kept in the Medical records atBjo (2) 2h order to carry out this policy, the Safety department will collect all Pink slips in its possession and in the onployo* personnel file and return then to the Medical department.. (3) The Medical department will check that proper notes are made in the employee** medical record and will then destroy the Pink slip. (U) Managers will Inform Superintendents and Supervisors to destroy all records or codes which refer to Pink slip eases. Ro C. SMITH AFFIDAVIT STATE OF COLORADO COUNTY OF ADAMS ) ) ss. ) I, Margaret J. Baumgardner, being of full age and first duly sworn do hereby state: 1. Iam not a party to this action. I have personal knowledge ofthe facts set forth in this affidavit, and if called as a witness, I could and would competently testify as to the truth of the matters set forth herein. 2. Iam the Research Coordinator for the Claims Resolution Management Corporation ("CRMC"), a wholly owned subsidiary of the Manville Personal Injury Settlement Trust ("Trust"). The CRMC was created in December 1998 and is staffed by former Trust employees. On January 1, 1999, CRMC began providing claims resolution facility services to the Trust. 3. In this position, I manage the Asbestos Claims Research Facility ("Facility"), a document and records repository located at 3390 Peoria Street, Suite 304, Aurora, Colorado. The Facility contains the business records including but not limited to correspondence, memoranda, reports, records and data compilations ("record") of Manville Corporation or related entities ("Manville"), generally, as well as Manville records relevant to litigation of asbestos liability. The Trust has managed and operated the Facility from November 28, 1988, the date on which the Manville bankruptcy plan was consummated. 4. My experience and familiarity with the documents at the Facility began in 1983 while working for Manville. In my work as a paralegal for Manville, I assisted in locating, indexing and packing many ofthe records which became the foundation documents for the Facility. I continued to work for Manville until September 1987. From March 1988 to September 1988,1 was hired to supervise and assist in the indexing of the first 20,000 boxes which were turned over to the Trust in November 1988. From September 1988 to January 1989, I assisted in the privilege review of documents to be given to the Trust. From November 1988 to April 1994,1 worked for Freeborn & Peters and was put in charge of the Facility, managing all productions and "new" acquisitions. In September 1995,1 was hired by the Trust to manage the Facility. In December 1998,1 was hired by Page 1 the CRMC to manage the Facility for the Trust. Accordingly, I am personally familiar with many of the records stored at the Facility, as well as how the records have been gathered. 5. To the best ofmy knowledge, information and belief, I certify that these records were made at or near the time by, or from information transmitted by, a person with knowledge, were kept in the course ofthe regularly conducted business activity ofManville, and it was the regular practice and the business activity of Manville to make the records. 6. Attached is a three-page document titled "Pneumoconiosis Cases" dated January 28, 1963 by R.C. Smith. This document was copied for the firm ofTrine & Metcalf. The document has come from microfilm at the Facility and is a true and correct copy of a document found at the Facility. Subscribed and sworn to before me this 23rd day of March, 2007. k Notary Public My Commission Expires 12/03/2006 Page 2