Document pBLebo1rewZxd0yVej2zj2X7D

i.p.;yf Us; Jfrf!-; 1=' * X1 UOO fifth Atnua MBCHAHPm TO THE BOARD OT TKUgnOBBt Mr, 1* A, Hitchins, Ch* Mr. E. A. Schultz, T. Ch. Mr. T. P. Abeam Mr. TeadiTsr Brown Mr. 7oseph Dilworth Mr. Andrew Tletohar Mr. D. Harrington Mr. X. A. Hults Mr. C. I. Leshar Sr. B. D. Saklatwalln Pittsburgh. Pa. March *3, 1958. i'. Mr. X. C. Saywr Br. B. B. Sayan Mr. A. V. Sherwood. Mr. L. T. Villiame Mr. V. P. Tut t ' At its meeting bald la Pittsburgh on Pebruary 8, 1988, tha Board of Trustees passed the following resolution! . ... , HE30L7XD, That tha Board of Trustees aocapt mad approTa tha report of tha Legal Committee dated January 51, 1958, and that the Board adopt aa the sort project on. ita research program the study af tha legal priaciplea eat forth la tha Committee' report, which will Include an analysis of all exist ing statutes, together with a statement of principles that abould govarn tha coverage of occupational disease In compensation laws* - . I was uncertain as to Juat what the Board dealred to have inalndad In the bulletin it proposed to hare prepared in accordance with the resolution, end took advantage at the first opportunity to discuss the natter with Mr. A.c, Birth, ehalraan of the legal committee. Mr. Hlrth was at tha Board Meeting and heard all af the discussion* It was obvious that there would be naoeaaary modifications of the recommendations made by the legal eremittee. At the asms tine the resolution indicated that the Board was of the opinion that there la need for a further statement of principles which should bs included in an Osoupatlonal Bisease Act, With this as a basis, Z suegsstsd to Mr. Hirth that he consider the possibility ef discussing, separately, tbs various basic principles which should ba included in a proper blll| the material to be presented in a readily nnder- standable, usable and unobjectionable Benner, but In conformity with tbs eoniotlom that the foundation must not lesua what Ouuld be construed aa a "modal law". In the ease of existing statutes that may have undesirable provisions, r that nay have omitted provisions that It would have bean desirable to In alode, such provisions might be dieousaed. Mr. Hirth, after consideration of the subject-matter of our onfsr*s*i wrote me wider date of Maroh 17th aa follows! PRODUCED JM - 83 I 0 4 i ifter hearing the dlsouaalon of the Board of Trustees with respect to the r*oaM&ondat ioils of the Legal Committee eonesmlag futwre legislative aotlvlty of the Ponadatlon, ud after talking t you this uorning, It is ny personal belief that ax oouaittee will reoonend a aodiflod program that will not only satisfy all concerned, hat trill tcccnpllsh tha aaaa purpose that tha erigiaAl progron would have. ^ / *VUrst la eenasetloa with those atataa whiah da aot aw* . luva occupational dlaaaaa legislation, Lt wowld ha ax rwooaaarta- tioa that rathar than propara a so-called nodal occupational dlaaaaa aot, wa aehadwla tha various aardlaal prlaalplaa whiah la aur opinion ahowld ha laalwdad la anoh legislation aad swggaat a wpaolflo atatvtarx provision that wowld sorroetl? WBhraaa anoh principles, .? v'-^ "Bach aaeh provisions wowld stand oa Its owa fowl aad tha ns total would torn* m wow* wwlatloa to lta acwpooait parts than would the mm total of cardinal principles, Carteln- lx it aowld aot ha interpreted to ha a aodal sat. .' .. Whoa information of this kind la furnished swpleywr grewps who are interested la legislation af this character, ._ % thax wax aalaot all of rush provisions ar only those pro- lsloss which in thalr opinion aeet their ladlTldnal needs, " ' ' ' Secondly, as to ooctvatioaal dlaaaaa acta aow an tha statute hooka, tha nans treataeat aowld be followed, that la, tha Pennsylvania Act could ha aaaly ad and raaosBandatlona ha i' Bade that eertaln provisions thereof ha dalatad together with a eooplate discussion of why they arw undesirable. '^ ' .* t,. f - *It could then ha pointed out that tha aot aa drawn '; does not aantaln eertaln waned haals prlnciplaa which should ' b* laaludsd la wound legislation. A specific provision Could then he drafted cnhadxlag cash ef such principle*, , . . ... , Si The nechaniBS of tha foregoing plan could heat ha il lustrated by Kr. Waters presenting a Sample to tha Board of __ Trustees at lta aaxt meeting* ^ -v,_ . . " -- : *Z aa aeodLlag a copy af this latter to Ur. Waters * - together with a request that he preperw a Semple set wp fwr j -'i-.W ywur eonstdaratiaa." My pwrpoee in this is te here ready far tha Board ef Trwetees at Its next nesting an exhibit af a type of helpfwl legal aaalyala designed te aeet tha wlshea of tha Board as ladieated hy tha resolution adopts* Tebmary Bth, at the same tine te keep within the llaite expressed in the diecweelen hy the "**" * *" *""*" PRODUCE JM - x -) ** rill t lrritod to bo proooat it tfco most aootlic* tborowill W opportiuitjr to Utoxmlao loflaltoXy tint it i doalrot to banro toao 1b tbo aottor. - ' moBOToaiw ii Mit to tho aoBboro of tho Boord of Trutooo for tbolr iafonutloa. / "V -i #: . . . .. O gg. H. B. Bailor Moaocloc Slrootor ; -- PRODUCED JM-83