Document ybkzKLKe9D9YerpZKgEwEjZxX

Ivan Sabourin.K.C. Jonathan Robinson.K.C. ALDRED BUILDING. MONTREAL, May 6, 1942, Doctor Leroy U. Gardner, Adelphia Hotel, Philadelphia, Pa. U.S.A. Dear Dootor, Rei Payeur. I beg to confirm our long distance telephone conversation of this morning when you were in New York City. I am enclosing the proposed opinion which I have taken the liberty of drafting for you in view of the relative urgency of presenting it to Commissioner Sharpe, a member of the local Board, who intimated yesterday, his desire of taking communication of same. At bottom of page two and top of page three, I have pointed out what I recall you told me as regard the dis similarity of the two pathological conditions in the case of silicosis and in the case of asbestosis; also your opinion to the effect that the tuberculosis in Payeur must have been anterior to his asbestosis. I do not believe this will be disputed. Under the local Quebec law infectious silicosis nay onmprlnrr as compensable if accompanied by Intercurrent tuberculosis. It thus becomes advisable here to point to the tuberculosis occurring before and not after asbestosis (in tercurrent in its pathological sense meaning " running between" a malady setting in after another is already existing..." In view of this, I have referred to tuberculosis and asbestosis, in the proposed opinion as tuberoulosis complicated by asbestosis (top offpage 1 and 1st par. under heading " comment " . I take it Tloes not change the purport of your opinion and it does prevent the reader here to be inollned to believe that asbestosis preoeded and likely was causative of tuberculosis. PLAINTIFF'S EXHIBIT 8 WY-OOQg'fi s<ir I page E' I have also deleted from your opinion,a6 worded for the benefit of ray olients,portions which I submit to you recpectfully do not eeem to alter the meaning of the opinion ae a whole, that is of the oonolusions.yet are very infoxmative but need not be tabled at this stage unless in rebuttal. In short I have endeavoured to preserve the substance and trust that you will forgive me for drafting the dooument myself and not leaving to you alone this task as this is your opinion and your respon sibility. But I would not have rushed matters thus had I not been told yesterday evening that you would be away for a week possibly. Ifthis is at all possible,and'if the draft is agreea ble, would you oblige me greatly and return me the opinion signed in duplicate by to-night's mail leaving Philadelphia (air-mail) 1.60 a.m. Thursday May 7th ; thuB I would receive same tomorrwfThursday)noon here and fle same in the afternoon. I beg again for your indulgence. Enclosed: draft (in triplicate, two to be returned) ; envelope for return mail. also opinion already signed by Dr. Gardner. This document has not been filed or exhibited. fo0S J.s.