Document v6X0MB4BqYkXMB8zpjGNKDg3q

FILE NAME Colonial Sugar Refinery CSR DATE 1950 DOC CSR024 DOCUMENT DESCRIPTION Excerpt - Record of Proceedings from the Third International Conference of Experts on Pneumoconiosis INTERNATIONAL LABOUR ORGANISATION CONFERENCE _ THIRD INTERNATIONAL 3d OF EXPERTS ON PNEUMOCONIOSIS Sydney SYDNEY FEBRUARY MARCH 1950 RECORD OF PROCEEDINGS VOLUME I INTERNATIONAL LABOUR OFFICE GENEVA . 1953 N. PLAINTIFF'S EXHIBIT - 196 - COMPENSATION FOR SILICOSIS ASBESTOSIS AND OTHER FORMS OF PNEUMOCONIOSIS 1. REVIEW OF LEGISLATION Scope special This paper deals with provisions concerning compensation for pneumoconiosis found in the legislation of 29 countries Twenty of the countries whose legis- lation is reviewed have been invited to be represented at the 1950 I.L.O. Conference of Experts on Pneumoconiosis In addition the legislation is included of four other countries which have ratified international Convention No. 42 and have submitted annual reports since the war on their application of this Convention The paper covers four Eastern countries - Australia China India and New Zealand - three in the Near or Middle East - Egypt Iraq and Turkey - and one inAfrica - the Union of South Africa Five American States - Brazil Chile Cuba Mexico and Peru - and two in North America Canada and the United States - come under review while the remaining 14 are European - Belgium Czechoslovakia Denmark France Hungary Ireland Italy Luxembourg Netherlands Norway Poland Sweden Switzerland and the United Kingdom Three of the countries covered - Australia Canada and the United States - are federal countries in which legislation dealing with compensation for employment injury and occupa- tional disease is a State or Provincial responsibility In the case of these countries the paper deals only with the chief mining States or Provinces It may be noted however that all seven of the Australian States have legislation providing compensation for some form of pneumoconiosis seven of the ten Canadian Provinces the exceptions being New Brunswick Prince Edward Island and Newfoundland have such legislation and more than fourths of the 48 Stateosf the United States have laws dealing either explicitly or generally with compensation for industrial dust diseases 1 This part of the paper is reproduced as it was presented to the Conference The second part Texts of Laws and Regulations has been brought up to date by the Office Except where the context indicates otherwise the term pneumoconiosis is used throughtut this report in generic sense in reference to any pulmonary disease resulting from exposure to dust during employment In the case of Australia the legislation summarised is that of New South Wales Queensland Tasmania and Western Australia The Provinces of Nova Scotia Ontario and Quebec are dealt with in the case of Canada In the United States the eight States of Illinois Kentucky Minnesota New York Ohio Pennsylvania Utah and West Virginia are covered It is not intended to make an exhaustive summary of all provisionosf the general compensation laws applicable to pneumoconiosis to do so would require a paper of much greater length and of very different form In those respects therefore in which laws applying to pneumoconiosis on the one hand and to employment injuries or occupational diseases in general on the other are similar the paper does not under- take to set forth their substantive content It is rather concerned with special provisions relating to compensation for pneumoconiosis and with significant differences in the countries covered between compensation provisions in general and those for pneumoconiosis in particular The data have accordingly been selected from amongst those likely to possess the greatest utility for a discussion concerned not with standards for compensation of occupational disability in general but with the deviations from such standards considered desirable in respect of pneumoconiosis Prevalence of Laws for Compensation of Pneumoconiosis Legislation providing compensation for victims of pneumoconiosis exists in 26 of the 29 countries dealt with in this paper There are three States where no national legislation of this type appears to be in effect - China Egypt and India The following points must however be noted in respect of these countries India at present makes no provision for compensation for any form of pneumoconiosis but the Government's year plan of labour welfare envisages an amendment of the Workmen's CompensatiAocnt to include such diseases as silicosis In addition Mysore State has its own scheme of compensation for silicosis The China Social Relief and Assistance Act 1943 provides for assistance to those persons who are physically or mentally disabled as a result of sickness injury etc. and for the education and training of the disabled The Industrial Accident Law of Egypt does not apply to occupational diseases but a draft law concerning compensation for such diseases is under consideration In the following countries compensation for silicosis asbestosis and other forms of pneumoconiosis is granted by including them in the list of occupational diseases which are placed on the same footing as industrial accidents in workmen's compensation laws Australia Queensland and Western Australia Brazil Canada Ontario Quebec Chile Cuba Czechoslovakia Denmark France Hungary India Mysore Thaa - 198 ~ Ireland Italy Luxembourg , the Netherlands Norway Peru Poland Sweden Switzerland Turkey the Union of South Africa as far as the Workmen's Compensation Act is the United Kingdom and several States of the United c Sotnacteersne In Belgium Sweden and three States of the United State Illinois Pennsylvania and Utah - a special law provides for compensation for injury caused by occupational diseases In New Zealand the Workmen's Compensation Act applies also to a worker who contracts any disease if the disease is due to the nature of his employment Similar general coverage exists in the United States in Illinois and Minnesota In five cases compensation for under two different schemes pneumoconiosis is provid In Australia the Workers Compensation Act 1920-1929 of New South Wales excludes from compensation diseases cause by silica dust but special provisions for persons suffering from pneumoconiosis are made under the Workers Compensation Broken Hill Act 1920-1929 which covers workers engaged i the Broken Hill mines and under the Workers Compensation Silicosis Act 1942 which applies to all other workers Western Australia provisions in the Worker's Compensation Ac place scheduled diseases on the same footing as industrial accidents Pneumoconiosis and miners phthisis are mentione on this list Mineworkers relief of mineworkers are who under prohibited the Act relating to the from employment on the ground that they have been suffering from both tuberculosis and silicosis or from silicosis in an advanced stage are entitled to compensation in accordance with the Workers Com- pensation Act They are the Mine Workers Relief not Act entitled to any until they have benefit under received in full any compensation to which they are entitled under the Workers Compensation Act In Belgium the Act providing compensation for injury caused by occupational diseases covers this risk in certain listed industries underground mining is not mentioned in the list but pensions the for Miners Pensions Scheme provides for invalidity miners who have ceased employment on account of sickness New Zealand provides compensation under the Workmen's Compensation Act for any disease that is caused by employment but not for workers who are entitled to a miner's benefit under the Social Security Act 1938 In the Union of South Africa the Silicosis Act provides compensation for miners while the Workmen's Compensation Act lists as the only occupation where silicosis is an occupational disease excavation work has been explicitly excluded from recognised as which mining - 199- Forms of Pneumoconiosis covered The laws of the 26 countries mentioned above as possessing legislation dealing with compensation for pneumoconiosis exhibit a certain degree of diversity in the specific types of _ diseases and of the occupations where these diseases are con.. sidered to be of an occupational character for which compensa: tion is provided Some of the laws appear to apply to a wider * range of diseases than others This apparent difference may :. be due in part to the use of dissimilar terminology to identify : the diseases Differences in natural resources and types of production such that exposures to certain kinds of noxious dust is greater in some countries than in others may also account for some of the differences in the scope of legislation as far as specified occupations or industrial processes are concerned In international Convention No. 42 concerning workmen's compensation for occupational diseases Revised 1934 silicosis is mentioned in the list of diseases and toxic substances as - silicosis with or without pulmonary tuberculosis provided that silicosis is an essential factor in causing the resultant incapacity or death This phrasing is used in the national legislation of Cuba Hungary Iraq the Netherlands Norway and with slight alterations Poland The Second International Conference on Silicosis held at Geneva in 1938 reaffirmed the conclusion reached by the 1930 Conference at Johannesburg that silicosis is a pathological condition of the lungs due to inhalation of silicon dioxide This definition seemed inadequate for compensation purposes and various other forms are to be found in the legislation of certain countries It must however be remarked that many of these definitions although they may stipulate certain procedures of investigation seldom give an exact definition of what is meant by silicosis or pneumoconiosis as compensable occupational diseases Silicosis without further specification is compensated in Canada Nova Scotia Luxembourg and the United States Ohio Pennsylvania Utah and West Virginia with or without tuberculosis in Italy and under certain conditions in India Mysore and the Union of South Africa In Kentucky United States silicosis is subject to voluntary insurance by the employer Asbestosis is compensated in Czechoslovakia Italy the United Kingdom and Pennsylvania United States siderosis in Chile Czechoslovakia and Mexico,, Byssinosis is compensate as an occupational disease in Chile and under certain condi- tions in the United Kingdom - 200 - Pneumoconiosis is compensated as an occupational disease in New South Wales Australia Belgium Act respecting occupational diseases Quebec Canada Czechslovakia New Zealand Social Security Act and Peru while silicosis and pneumoconiosis are separately mentioned without further specification in Tasmania and Western Australia Australia and Ontario Canada Silicosis and other dust diseases are compensated in the State of New York United States However the use of the word pneumoconiosis is mis- leading in some of the legal texts and does not provide the general coverage of all dust diseases which the term suggests In New South Wales Australia the Broken Hill Act uses the term pneumoconiosis but this applies only in the Broken Hill mines where the actual risk is that of exposure to silica dust In the Workmen's Compensation Silicosis Act compensation is limited to diseases caused by the inhalation of silica dust In Belgium similarly the industries and processes listed in which pneumoconiosis is considered to be an occupational disease are those where the noxious agent is in fact silica dust In the Quebec law Canada pneumoconiosis is defined as being due to exposure to siliceous dust and is limited to silicosis and asbestosis The Czechoslovak National Insurance Law uses the term pneumoconiosis caused by quartz and iron dust and com- pensates asbestosis as a separate item in the schedule The definition used in New Zealand states that miners phthisis the former expression for silicosis means pneumoconiosis va mes and pneumoconiosis is actually limited to silicosis _ A more general coverage of dust diseases is found in Australia Tasmania and Western Australia Brazil Canada Cope Ontario Chile Mexico the Union of South Africa the United Kingdom and the United States New York In Mexico Neneg the general expression other lung diseases due to the inhala- sey tion of dust follows a list of some specific dust diseases . of aeneg while in the Unio Soun th Africa the definition of silicosis - ne any form of pneumoconiosis due to the inhalation of mineral cane dust - does not limit the cause of the disease to siliceous dust only A general coverage of occupational diseases thus including pneumoconiosis - is found in a few countries viz in Belgium where the Mines Pension Scheme compensates for invalidity generally without making special provision for occupational diseases and in New Zealand where the Workers Compensation Scheme covers all diseases contracted in any employment to which the scheme applies and due to the nature of such employment The laws of various States of the United States are exclusively of the blanket type i.e. they authorise compensation defined in general terms without list- ing particular diseases In various parts of the laws of Illinois and Minnesota which are based on this principle however silicosis asbestosis and any disease complicated with tuberculosis are expressly referred to oe > ' og In some countries occupational diseases are classified according to the substance which causes the disease viz Denmark and Sweden - the inhalation of stone dust France - the inhalation of free silica and asbestos Switzerland diseases due to silica or quartz Special symptoms are enumerated in the legislation of a number of countries The Italian repercussions of of the disease Act the includes bronchitis and emphysema and circulatory apparatus among the symptoms Radiographic symptoms are described for defining the anteprimary and the primary stage of the disease in Tasmania Australia Italy and Ohio and Utah United States while Czechoslovak and French laws mention typical ray indications without more detailed specifications The pathological condition of the lungs is described as fibrous or fibrotic in Quebec Canada France Italy the United Kingdom and Ohio and West Virginia United States less precisely defined requirements exist in the legislation of the following Tasmania Australia - primary stage earliest detectable specific signs primary stage definite and specific physical signs Mysore India - primary stage earliest detectable specific physical signs primary stage definite and specific physical signs secondary stage the same terminology is used as for the primary stage but serious and permanent incapacity for work must exist West Virgina United States first stage earliest detectable specific signs second stage definite and specific physical signs third stage silicosis accompanied by active tuberculosis the Union of South Africa first stage earliest symptoms of silicosis second stage moderately marked specific signs third stage marked Act specific signs in the Silicosis Act 1946 and pathological condition of the lungs in the Workmen's Compensation Functional disturbances are specified in Czechoslovak and in French legislation in the latter dyspnoea is particularly mentioned Coincidence of other diseases with silicosis is covered in certain countries The text of Convention No. 42 mentions the combination of silicosis and tuberculosis and stipulates that silicosis should be the essential factor causing incapacity or death The countries which include lation are mentioned above this clause in In Brazil and their national Czechoslovakia legis- com- pensation is given for complication with tuberculosis in diseases caused by dust in the latter case it is provided that where the silicosis is accompanied by pulmonary tuberculosis the tuberculosis shall be treated as pneumoconiosis for purposes of compensation and a separate item of the schedule prescribes the compensation of silicosis or siderosis in conjunction with with In the Mysore India Silicosis Rules silicosis active tuberculosis is considered to be with silicosis and in West Virginia United secondary of silicosis with active States complication fied as tuberculosis of the lungs is classi- stage silicosis In Australia tuberculosis is tional disease in New South Wales andcoQmupeeennssaltaenddas foranwoorckceurpsa- who have worked as miners for a certain mumber of Similar provisions exist under the years Act which authorises South African Silicosis silicosis for compensation for tuberculosis without tion for a preswcorrkiebresd wpheorihoadve been employed in a dusty occupa- The French law compensates infectious complications of silicosis whether tuberculous or otherwise if silicosis has contributed to such complications The same law mentions mentions v dia sesasceular complications of silicosis as a compensable Occupational Restrictions on Compensation Since the Convention concerning workmen's compensation for occupational diseases requires that compensation shall be payable to workmen incapacitated by occupational or in the case of death from such diseases ants in diseases to their depend- accordance with the general principles of the national legislation relating to compensation for industrial it is obvious that accidents compensation is limited in terms of the occupational source or derivation of the disease and the r 4 dust disease to be compensatable must be contracted in and be due to the nature of the employment This limitation is expressed in the second column of the schedule in Article 2 of the Convention opposite silicosis Industries or processes recognised by national law or regulations as involv- ing exposure to the risk of silicosis The laws of some countries do not confine the of benefits for pneumoconiosis solely to victims who grahnatveingbeen employed in specifically designated occupations or have been exposed to designated substances In Denmark New Zealand Norway Sweden and Switzerland compensation for occupational diseases is granted to all insured all operations covered by the Workmepne'rssoCnosmpeor nsatotiwoonrA kecrts iInn Czechoslovakia pneumoconiosis is recognised as an disease in undertakings in which insured occupational to the said danger of inhalation of persons are exposed does not mention noxious dust Iraq the Act any specific occupations in its schedule and covers all workers in industrial undertakings The listed occupations in the legislatioonf the other countries see the second part of this paper Texts of Laws aanndd Regulations include a great variety of the process-- occupations but they relate to a few branches of industry &. = . 9 * 3 x : tet chai a's tha So gp ded pars ' ae Soa iL eee Biette en iF ow ie we - 203 - only - mining and other occupations involving the handling of stone or rock manufacture of ceramic products foundry work manufacture of abrasive powders cleaning and polishing operations by sandblast Mining is the only operation covered in New South Wales and Tasmania Australia In the Union of South Africa mining operations are covered under the Silicosis Act excavation works under the Workmen's Compensati Ao cn t Other Qualifying Conditions Apart from the requirements regarding past employment in specified occupations as described above most laws specify certain conditions which victims of pneumoconiosis must meet before qualifying for benefit National practice in this respect is summarised below under four separate headings minimum duration of prescribed employment location of qualifying employment and residence requirements time lapse of qualifying employment and other conditions Silicosis regulations exist either in separate acts or in special sections of general acts which specify the difference in treatment from other occupational diseases The legislation of some countries provides compensation for workers suffering from silicosis even when no definite incapacity for work exists Minimum Duratioonf Qualifying Employment About third of the countries covered in this report have special provisions fixing a minimum length of time during which workers must have been engaged in certain prescribed employments or exposed to specified risks in order to qualify for benefits in case of pneumoconiosis Some other countries have comparable requirements which apply however to all occupational diseases Some countries do not specify any minimum period of exposure and for a few the relevant informa- tion is not available It should be noted that a few countries having special regulations concerning that the qualifying employment should it is cumulative pneumoconiosis be continuous require in others The shortest minimum period of prescribed employment appears to be that mentioned in the law of Queensland in Australia it requires at least 300 days of employment where the worker five years days where has been continuously immediately preceding he was resident for a residenitn the State for incapacity or death or 500 period from five to seven years In four cases legislation normally requires at least two years in the specified type of employment Ontario Canada provides that a victim must have been actually exposed to silica dust in his employment for two years In the United States both West Virginia and Kentucky require exposure to dust for at least two years the latter also requiring that - 204 - coniosis is due to the nature of the see below for byssinosis victim's requirement employment Employment as a miner for two and a half years is needed benefits under the New Zealand a total period of at least to qualify for pneumoconiosis Social Security Act Three both the Belgian occupational in the United States disease law and the Ohio law requires aggregate emploPyemnennstylvania in the latter country or asbestos hazard of in an occupation having a silica at least four period of eight years years falling withina preceding the date of disability In six cases a normal minimum five years in specified requirement of at least types of employment is laid down as a condition for benefit that Tasmania in Australia victims shall have been specifies scribed operations for engaged continuously in pre- to ceasing employment at least five years immediately prior In Canada both Nova Scotia and Quebec require exposure to inhalation of dust in yr periods of at least five employment during the Board to years the latter Province authorises pay compensation regardless of when arises however if brought about disability in industry and if the through exposure to dust the Province victim has had no other A similar provision for exposure outside administrative exception : employment during one or more for at least five periods in specified process years this may be reduced to two certification by a specialist in years on suffers from silicosis pneumoconiosis that the victim tion In the United Stahtaevsingtha e plraewmaot fuMriennfeusnocttaional manifesta- provides that silicosis and asbestosis shall be nature of the victim's presumed to be due to the the inhalation of occupation if he has been exposed to silica or asbestos dust during the five years compensation is payable for shorter preceding exposure only if there is conclusive periods of or death was total period caused by of the disease evidence that disability Utah requires a minimum exposure to dust of five within the ten years immediately precedingyedairssabwlheimcehntmust be Invalidity pensions Scheme under the Belgian Miners Pension are subject to periods of service years according to the age of the varying insured from 10 to 20 service and age conditions are person the minimum has worked in waived however if the claimant year or occupations covered by the less of scheme for all but his working life The United Kingdom one quires 20 compensable victims of byssinosis to have re- years in prescribed types of employment spent at least Be a - 205 - Location of Qualifying Employment Nearly all of the State and Provincial laws of the federal countries included in the report expressly require that the prescribed minimum periods of exposure in employment shall have been spent exclusively in the particular State concerned Inclusion of such provisions is probably due to the fact that State migration of workers within the three federal countries is quite common It is perhaps implicit in the laws of most other countries that periods of qualifying employment must concerned New Zealand a in its Social Security Act be served only within the country federal country specifies that compensation for miners phthisis is payable only to persons who contract it while en- gaged in mining in that country Cessation of Employment time ment About half of the countries place a limit upon the which may elapse between cessation of prescribed employand incapacity or death where this period is exceeded compensation is not ordinarily payable The limit ranges from one to fifteen years according to the country Under the New Zealand Workers CompensatiAocnt the employer's liability continues for only one year after the worker ceases to be employed by him In Australia both of the Western Australian schemes also require that normally the victim must have been engaged in a specified employment within one year prior to disability or death Tasmania has a one- year limit for pneumoconiosis but provides a year limit for silicosis Turkey grants benefits only if less than a year elapses between the end of employment and appearance of the disease tion payable In the only if United States Pennsylvania makes compensadisability results within one year or death within three years after the last employment involving exposure Disability or death must follow within two years after the last injurious exposure for compensation to be payable under the laws of Ohio the exception of cases and Utah in where death the United States follows continuous with and com- pensated total disability In the latter circumstances Ohio places no limit but Utah requires must occur within five years after that death to the end of the be compensable employment giving rise to the claim Belgium also requires that claims for invalidity pensions under the Miners Pension Scheme must be made within two years of the date when a worker leaves a covered occupation A three time limit after the last exposure is fixed by three States in the United States - Illinois Kentucky and Minnesota Kentucky however also compensates for deaths which follow a continuous disability if a claim is made within ten years following the last exposure - 206 - A limit of five years is fixed by the laws of Quebec in 4 Canada France and the Netherlands but in each instance certain qualifications or exceptions apply The Netherlands provide that the connection between the disease and employment must be demonstrated if it appears within one year after termina- z tion of employment when a victim has been employed for three months or more in a prescribed occupation however he or his survivors may furnish evidence within the next five years that a disease which appears more than one year after cessation of employment is connected with the occupation Quebec requires that claims must be filed within five years after leaving aw Mie. employment but authorises the Commission at its discretion a Py! to receive claims after the expiration of five years in cases Tears of uncomplicated pneumoconiosis The normal period of liability a> for compensation is fixed in France at five years after exposure ceases since a large number of workers are now suffering from silicosis however the period of liability has been extended to ten years for cases in which the existence of silicosis is certified between 1 January 1947 and 4 February 1951 and exposure to risk had ended before February 1941 West Virginia in the United States which distinguishes three different stages of silicosis for purposes of disability compensation places a year limit on payment of death benefits where death results from determined stage silicosis The Swedish law requires that a compensable disease must risk appear within ten years of the last employment of such disease The longest time limit noted involving is that in the Queensland law in Australia which provides that com- pensable incapacity or death must occur within 15 years after ceasing employment in a prescribed occupation EE Miscellaneous Conditions Tasmania Australia limits compensation for silicosis and pneumoconiosis to victims engaged in manual labour whose average weekly earnings do not exceed ll Invalidity pensions under the Belgian Miners Pensions Scheme are payable only to persons who earn a gross amount per month of 1,000 francs or less from their work Benefits for miners phthisis under the New Zealand Social Security Act are not payable to claimants who during to provide the for past wife five years have deserted or wilfully failed or children nor to those who are not of good moral character and sober habits 1: Ht o is 4 es oe is wy Special Provisions Regarding Compensation This section deals with the extent to which and the manner in which provisions in national laws regarding monetary compensation for pneumoconiosis differ from those governing compensation for employment injuries or occupational diseases generally No attempt is made to describe the nature or amount of benefits payable for pneumoconiosis in countries where such ong ie Be v8 . =: Rm a & eh 3 tg Jas FS von hd ve Ste pie ss La ~ 207 - benefits are compensation the same as those legislation provided under the general No significant divergence between compensation provisions applicable in case of pneumoconiosis and those applicable in other cases have been noted in the laws of 15 countries covered by this report Belgium Brazil Canada three Provinces Cuba Czechoslovakia Denmark Hungary India Mysore Iraq Luxembourg Mexico Netherlands Norway Turkey and Illinois United States Special benefit provisions applying to pneumoconiosis in the remaining countries are summarised below The laws of a few countries deny benefits entirely to | certain categories of pneumoconiosis victims although authorising them for similar categories of victims of industrial accidents and vice versa These special provisions for pneumoconiosis are as follows In the United States no compensation is payable under the laws of Ohio Pennsylvania and Utah for partial disability caused by pneumoconiosis nor is it payable in Minnesota except when partial disability follows a period of total dis- ability In Ireland the law requires that compensation payable for total disablement or death resulting from pneumo- coniosis shall be the but permits deviation same from as for employment injury generally the main law in respect of benefits for other circumstances In death results from silicosis Italy benefits are or asbestosis or if payable if the victim suffers from permanent incapacity exceeding 33 per cent benefits are also payable if silicosis or asbestosis appear in conjunction with active lung tuberculosis so that the victim has to abandon employment irrespective of the degree of incapacity resulting from the silicosis or asbestosis In Czechoslovakia it is provided that when silicosis or siderosis is accompanied by pulmonary tuberculosis the tuberculosis shall be treated as pneumoconiosis for purposes of compensation and a separate item in the schedule of compensable diseases covers silicosis or siderosis in con- Junction with active pulmonary tuberculosis Various forms of benefit exist in South Africa for the different stages of silicosis and for complication with tuberculosis covered by the Silicosis Act On the other hand benefits are accorded in some countries to workers suffering from pneumoconiosis to compensate for change of work even if no definite incapacity for work exists In Western Australia the mineworker who suffers from silicosis and tuberculosis to such a degree that he should not be engaged for mining work or should be withdrawn from employ- ment in mines is entitled to compensation under the Workers Compensation Broken Hill Act under certain conditions In Tasmania compensation may be eligible employee who suffers from silicosis other specified paid to an in the ante_ e e primary stage although in this stage capacity for work is not necessarily reduced In France payable to a worker who is special compensation is in order to obliged to change his employment Se not fulfil prevent aggravation of his condition but who the conditions for receipt of a pension The does South African Silicosis Act miner who is grants a lump benefit to his suffering from stage silicosis whether capacity for work has been impaired by the disease or not Australia New South Wales Queensland Tasmania Western Australia New Zealand the Union of South Kingdom and the United States West VirginiAafrUitcaah tMheinUnneistoedta Special Provisions for Medical Care and Rehabilitation The laws of the great majority of countries special provisions contain no fits or services forrevsipcetcitmisngofmedical or rehabilitation bene- pneumoconiosis In these countries presumably the types and amounts of benefits me services available to victims of employment injury or or other restrictions to workers suffering from pneumoconiosis Provisions in the laws of five countries which do somewhat divergent treatment for authorise below pneumoconiosis are summarised 5 The Silicosis Act of the Union of South Africa that the Silicosis Board provides administering the Act may defray a part not maintaining exceeding sanatoria half of the cost of establishing or for the accommodation and treatment of miners and native labourers suffering from silicosis Board is also authorised to defray part or all of The training a beneficiary to become proficient in anythteradceostorof occupation and may do so in the case of his dependant The Board may conduct an employmenwtifbeurewaiudoworoc ro- operate with any such bureau to find employment for benefici- benefici- aries and may render financial assistance to employing such persons Special provisions any persons of native labourers exist in respect A special Silicosis Medical Bureau is established to perform medical and research work for the prevention of silicosis or tuberculosis of the condition of victims of these and the improvement diseases In the United States five States have special provisions concerning medical care for pneumoconiosis victims In general for these have the effect of limiting the care provided such victims compared with that provided for victims of eecho aha eeTe aa TON EL " " - 209 - industrial injuries No allowance is provided in the West Virginian law for medical treatment of silicosis in contrast to a maximum allowance of 800 normally available for medical hospital and related treatment in case of compensable injuries Illinois provides that reasonable medical care and related services shall be provided in case of silicosis or asbestosis only for a period of six months following disablement no similar limit is placed on the duration or value of medical care provided in case of injuries or other diseases In Minnesota the liability of an employer to furnish medical benefits for dust diseases does not extend beyond the period during which weekly disability benefits are payable the latter is restricted by a progressively rising upper limit on aggregate payments as described in the section on special provisions regarding compensation above Victims ordered to be removed from employment are eligible for retraining benefits as an alternative to disability benefits Ohio does not provide for payment of medical hospital and mursing expenses on account of silicosis in the event of partial disability only Medical benefits may be provided however to a worker suffering from silicosis who is ordered to change his occupation the 200 limit on expenditure for such therapeutic treatment is the same as that for all employment injuries Utah fixes a limit of 500 on medical care provided for totally disabled employees suffering from silicosis the same statutory limit applies for an accidental injury but in that case the administrative agency is authorised to raise the limit There appear to be no special provisions in Switzerland for medical care or rehabilitation in the event of silicosis ; but sickness insurance including special provision for tuberculosis is compulsory for employees engaged in the construction of tunnels or galleries for not less than one month the employer must insure the worker by taking out a collective insurance policy with a recognised sick fund and pay at least half of the premium In Italy treatment for silicosis and asbestosis is the responsibility of the insurance carrier The State of New South Wales in Australia provides in the Broken Hill Scheme that compensation for pneumoconiosis shall include the cost of medical surgical and reasonable hospital treatment to relieve the victim from the effects of the disease the amount payable for medical services may not exceed 125 Under the general Workers Compensation Act on the other hand costs of medical treatment are payable only up to 25 with additional payments up to 28. for ambulance service Under the Workers Compensation Act of Tasmania employers are liable to pay the reasonable costs of necessary medical services up to 75 no comparable provision authoris- ing furnishing of medical care appears of pneumoconiosis The Queensland law to exist provides in the case that in case necessary and reasonable medicines and medical comforts in fd addition where a worker's condition is certified to be capable of cure or mitigation by special hospital or sanatorium treatment the Commissioner is authorised to arrange for such By treatment in lieu of benefit payments In the case of employ- ment injuries generally however Queensland places a 25 ei. limit on expenditure for medical care except that when an artificial limb is provided the full cost is covered = is Sm +2 Addendum An Amendment to the Accident Insurance Acts in the Netherlands of 25 February 1949 has widened the scope of compensation for dust diseases in that country in three res- pects 1 In the Accident Act 1921 the list of operations | mentioned in Section 87B e has by the general clause When it been omitted occurs among and replaced workers in undertakings where operations exposing the harmful influence of substances containing dioxide are carried out workers to the quartz silicon has 2 been Asbestosis included in with or without pulmonary tuberculosis the list of occupational diseases in so far as the asbestosis is a determining cause of the incapa- Sa city for work or death when it occurs among workers in under- takings where operations exposing the workers to the harmful influence of asbestos dust are carried out 3 In the Agricultural and Horticultural Accidents _ Act 1922 the following addition has been made to the list of occupational diseases mentioned in Section 95 B f Silicosis with or without pulmonary tuberculosis in so far as the silicosis is a determining for work or death when it occurs takings where operations exposing cause of the incapacity among workers in - under- the workers to the harmful influence of substances containing quartz silicon dioxide are carried out Sy - 235-235- Czechoslovakia Act respecting National Insurance Dated 15 April 1948 L.S. 1948 - Cz A 78. 1 Occupational diseases shall be treated in the same way as industrial accidents The expression occupational disease means any disease listed in the Schedule to this Act if it results from employment in the undertakings given in the Schedule opposite the particular disease Schedule Section 78 Serial No. Occupational disease Undertakings subsection 1 of section 78 27 Pneumoconiosis due to dust con- taining silica or iron sili- cosis siderosis where the clinical functional disorders are confirmed by typical radiological indications If accompanied by pulmonary tuberculosis the tuberculosis shall be treated as pneumoconiosis for purposes of compensation 28 Pneumoconiosis due to dust con- | Nos 27-29 taining silica or iron sili- All undertakings cosis siderosis in conjunc- in which insured tion with active pulmonary persons are ex- tuberculosis posed to the 29 risk Pneumoconiosis due to asbestos dust asbestosis - a where the clinical func- tional disorders are con- firmed by typical radio- b logical indications in conjunction with cancer of the lungs Denmark 1 Act No. 183 respecting insurance against the consequences of accidents Dated 20 May 1933 L.S. 1933 Den 5 1. 1 If a person insured in pursuance of meets with an accident which reduces his earning this Act capacity