Document vB4Y90J8p010yp4RdMKV4M01w

FILE NAME: WR Grace (WRG) DATE: September 22, 1967 DOC#: WRG050 DOCUMENT DESCRIPTION: 1967 Letter to American Adjustment Company regarding workmen's compensation claim September 22, 1967 Amerlo&n Adjustment Company F. 0. Dox 2625 Great Falls, Montana 59401 ATTENTION: Robert Conley Rat Your Pilot Co. Clalat Insuredt Claimant! r> /A t 1 c 34 161bo 750 c 890 V. R. Orace k Co. LILAS D. WELCH 11/ 9/66 I>sar Mr. Conlsyt This will confira our several reoent telephone conversa tions relative to the above natter. Vs have prepared and filed Answer as requested by the Industrial Accident Board, ooples of which I aa at this time sending along in order that your own file may be oonplete. We have consulted further with Mr. Lovick, of Libby, Montana, and ho oonfiras that Mr Welch was employed in the r'ilt at the scene of their operations for approxi mately two months in the year 1949, and subsequently was employed in other areas. It would appear that he did drive a truck hauling from the hopper where he would oertalnly enoounter exposure to dust, for several nontha In 1949, as well as during the aonths of Ootober, November and Deoenber of 1951, and .September and October of 1956. On Ootober 15, 1956 he was transferred to the warehouse where he remained until he was no longer able to work. As we have discussed, The Oooupatlonal Disease Act of Montana was effective on the date of its approval, or March 7. 1959, and as you are of course aware, Section 92-l31l(l), R. C. M., 1947, provides that no ooapensatlon shall be paid when the last day of the injurious exposure occurred prior to the effeotive date of the Act, with oertatn exceptions which appear to relate primarily to the condition of silicosis involving an employee who has been discharged in order that the employer might escape liability under the Aot. -2- In addition of oouru, it was not until Fobiruary 27, 1965 that asbaatosla was inoludad within tha dafinitlon of occupational diaaaaa. Aooording to inforaation fumiahad by Mr. Lovick, it would appaar that thara ahould be no particular exposure to dust in tha warahouaa whara olainant was anployad aubaaquant to Octobar 15, 1956, and of oouraa it doaa appaar that It is on this point that our primary possibility of sucoossful dafansa aust bo oonsidarad to rast. Mr. Lovick did indloata that it is oonoeivable that olaimant night bars baan loanad out on oooaslons as a truok driver, and that this inforaation night possibly not bo apparant froa tha rsoords. It would saaa howavor that any suoh aotlvlty would hava basa of short duration a"* nay bs validly olaiasd to hava not rssultad in injurious axpoaura as that tarn nay bs oonsidarad by tha Industrial Accident Board. It furthar appaars that no dust oounts have avar baan obtainad within tha warahouaa by althar tha Montana Stats Board of Finalth or lnsursd. As far as wa ars abla to asoartaln, all Stats Board of Haalth tasts, and thoss aads by Zonollts, involvnd tha Bill, axoaptlng for a tost aads by tha Stats Board in 19*2 at tha oompany's proeasslng plant in Libby, whioh of oouraa doss not flguro in tho prasant claim in any way. Prior to the tins Mr. Veloh was transferred to tha ware house, ha was also involved on various oonstruotlon jobs around the line, acted as a duap nan, drove ora trucks, and preparedboxoars for loading, howavor wa are informed that no particular dust hasard would saaa to be involved at any points other than within tha Bill itself, and at tha concentrate hopper, as above nentioned. You will recall wa ware requested to produce voluntarily information with respeot to any duot problaa at tho place of employment in tho hands of tho Montana State Board of Haalth. It did appaar that wa should bo reasonably cooperative in this regard, and it was uy own feeling that evldeno of this typo whioh was aotually relevant should be produced, but it did not appaar that wa should provide tha Industrial Aooldent Board or olainant with a blanket license to review all records in tha hands of tha State Board of Haalth relating to insured's Libby operations. -3- Ve have conferred on several ocoaeions with Mr. Robert bwanberg, Chairman of the Industrial Accident Board, and hare explained our position to hia, pointing out that while we aost certainly wish to be cooperative, and are not desirous of withholding any information, we aust neoessarlly take the position that any such information revealed or presented, ust be relevant and aaterlal. He has now agreed that the places whers tests aay have been oondueted and the tiae they were obtained aust neoessarlly in some way be related to claimant's exposure, and I aa sure he is now of the opinion that the prooedure indloated should Involve a formal hearing, at which tiae the basic faots of tiae and plaoe of eaployaent aay be placed in the reoord, and aay information in the hands of the State Board of Health should be subpoenaed and then carefully considered at the hearing with respect to its relevancy. This of oourse allows us the protection of the basio rules of evidence, and we have Mr. Swanberg's ooaplete understanding as to our own position on the problea. Accordingly, it is ay aseuaptlon that this aatter aay shortly be called on for hearing, with both olalaant and defendant allowed to present whatever evidenoe they aay wish, subject to protection of the rules of evidence. Ve will of course keep you advised of developaents as they occur. Sincerely, SYI./nk Enclosures Copies, Answer \ S. Y. Larrick