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.Solomon E. Senior, Chairman of the Workmen's Compensation Board, met once again With representatives of industry at the annual meeting of Associated Industries of New York State, Inc. at Whiteface Inn last Friday. His audience included members of Associated Industries Workmen's Compensation Committee and interested guests. His
talk on the current silicosis study was largely a repeat of his Buffalo performance. --
One important bit of administrative thinking was revealed when. In response to Ques tions, he stated that he felt that the legislative mandate required him to study and to recommend, in his report to the 1966 Legislature, .-methods or providing-lor J1partlal disability" benefits^from silicosis and other dust diseases and that it did not per- ~ mit him to study and to report that it was not feasible to proviae such permits. '
Certainly this clouds both the value of and the need for the current etudy. It is a foregone conclusion that partial disabilities will be found to exist from a
medical viewpoint since exposure to dust creates definable permanent lung changes. However, if it is not to be related to the employees' ability to work before, during and after such changes, the most important part of the story is being ignored. What is equally disturbing is his response to another question whereby he acknowledged the possibility that this recommendation <*cr legislation could take the form of
merely deleting the word "total" from the phrase in the present law which limits com
pensation to "total disability from silicosis and other dust diseases." ' This would be the worst possible result since it leaves unanswered many .practical questions and would require a great deal of administrative temperination and supolementation. We have been opposing similar labor sponsored legislation "on the merits" for the past 2fj years.
Other developments indicate the crash nature of the study and the imbalance that is being built into it. Apparently the study is being concentrated in a' few
areas and on a rew employers in order to meet deadlines and to facilitate the study.
When legislation is recommended it is going to be extremely difficult to
defeat. Obvious attacks can he made on the method, scope and findings of the study.
We are going to have to concern ourselves with the social-economic aspects of the problem and we must develop the cost aspect ruliy. It is not enough to know that the cost to industry will he so many millions of dollars. We should know what the insurance companies are eoing to propose and what the Insurance Department and the
New York State Hating Eoard will do that -Jill affect our individual rates. Certainly
the so called "dust" industries are going to have to present a united front.
I am enclosing a statement made by the Executive Committee of Inter-Allied
Founories of New York State to emphasize the positj.on of our Association in this matter.
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ARCH 18598
Very truly yours,
PLAINTIFFS I
EXHIBIT I
AL-1544 I
Richard H. Beyer, Executive Secretary
too CHAMICR or COMMCRCC COO.
238 MAIN BTRECT
Inter-Allied Foundries
OF NEW YORK STATE
BUFFALO, N. Y. 14202
TELEPHONE; TL 2*2023
Statement of Policy of Inter-Allied Foundries of New York State respecting proposed legislation to compensate "partial disability" due to silicosis and
other dust diseases.
We are opposed to legislation which would establish compensation benefits for less than total disability from silicosis and other dust diseases for the folio-ring reasons s
1) That prior investigations ar.d long experience indicate that evidence of some degree of silicosis does not impair working ability Until so serious or complicated by other ailments that total disability exists.
2) That prior investigations have established that it is not feasible to differentiate at ary degree of disability less than total disability.
3) That curtailment of employment opportunities will hinder rather than help both industry and employees.
l) That probable cost of "partial disability" legislation will be a major handicap to so called "dust industries".
While we shall cooperate with the current study being con ducted by the Workmen's Compensation Board, we reserve in full our right to object to the scope or method of the study or to +he findings based thereon.
Adopted by unanimous vote September 2?, 1965. Official.
Secretary
ARCH 18599