Document zz0K4EqqdkoMgn6jV2g1rdgbz

INTE R OFFICE! CORRESPONDENCE Et iirsx Ga s o l in e Co r p o r a t io n At l a n t a o f f ic e Rh o d e s -Ha v e r t y Bu il d in g At l a n t a , Ge o r g ia July 1, 194-0. DR. R0 ST. A. KKHOS, Dear u Rehoe, Att ached is our latest report on developments in the Orange State Oil Domeany case. This ineludes a report of our Safety Representative, ..-r. Sv;o ene r, and also a copy of an opinion rendered "by "Rid sor. h Cason, Attorneys for the Orange State il Co npany. I cm inclined tc feel that a satisfactory set tlement of this case rests with the Maryland Cas ualty Company, However, if there is anything: further itrich you vdsh us to do, '.re will be pleased to be advised. Very truly yours, JAC/?. CC-IRr Lends. enclosures. L. Costello. INTER-DFFICC CORRESPONDENCE Et h y l Ga s o l in e Co r p o r a t io n At l a n t a Of f ic e Rh o d e s -Ha v e r t y Bu il d in g At l a n t a , Ge o r g ia Miami, Fla June 28, 1940 - V iJ i A . /X . i ' :V' g? A , c' ; ` * -gr \ ;. ( A !. ; i 'v a X "-V / / - Mr. J. A. Costello Dear Joe: At your request I have spent quite some time with Mr. Van Brunt and Major Carter of the Orange State Oil Co. here in Miami with the idea of finding out the status of the lease* Mrf. Van Brundt told me that so far no one had done anything onj account of the fact that the Maryland Casualty Co., insurers of Orange State has denied liability, claiming that the cases of lead poisoning which occured at their Tampa, Fla. terminal last De c. were cases of occupational deseases and not accidents as classed under the Fla. Workmans Copemsation Act. Maryland Casualty Co. |aas done nothing since up until last week no claiim had been filed by any parties representing the deceased. Orange! State has left everything up to Maryland Casualty with th result that over six months have elapsed without anyone t aking action. Last week Mr. Fenn, Pres, of Orage State Oil Co. received a letter from the mother of Mr. Hubbard(de ce ased white worker of Jacksonville^ Fla.) asking him what he expected to do about the death of her son who died as a re suit poisoning due to working in tank 201 in Tampa. ( Mrs. is aware of the fact that hers son died of "Tet raethyi^Lead Poisoning".) This letter has been turned over to t he Maryland Casualty Co. and a reply of a very non-commital nature made to Mrs. Hubbard. So far no claim has been made by anyone representing the negro who died in Bradenton Fla. Enclosed is no i nformation as to when either of these two men worked as Mr. Van Brunt had placed all of this matter in the hands of their lawyers He says that he wrote you a letter containing this information Enclose i is a copy of a letter from the Law Firm of Hudson and Cason, attorneys for Orange State, expressing their opinions on the case. The letter speaks for itself and I will not comment. The Mary land Casualty Co. is now investigating the case of Willie Mitche LI, colored, about whom you have a letter. They have made no rep ert as yet. I asked Mr. Van Brunt why he wrote you that Willie witchell worked for them in Tampa from Nov. 15th through Nov.17th 1939 and nov. 19th through Nov.26th 1939 and although the cleaning of tank 201 took place in Dec. he stated that he might ha ire worked in the tank in question. He told me that Mr. Grlovers time records were very much confused and that they were not too sure of them. This seems to me to be a case of the foreman 0021071^ N 24474.01 Page-2-1,'TWS to Ja c --6-28-40 keening records that will look very good to the Labor boar-, norr 1it+. mmlight hhen a case of Mr. Glover trying to confuse the re ole httthhhimeiant gbo- ywfeifnithcceiaoanrdlosde'fotrficoc1II|tfoiaut.hilegseveatdOoetfrhaegtt__hh_e__eoereaS-rOatjea.lr.atsegtpreuoO1tnShilstaiobtenilitOt"yh\-vv.-i---i-e-i-1-l-s--t-r--h-y-f0imao--_ m.t--aatm-d1*-te.ifcgsryoa.ha wnutI-ibttu*hhdoeoi'inpdukuLti ntmoooftanknpinroegtshsi: this too far. They cleaned a 20,000 gal bulk sales storage tank that had been used for leaded gasoline here in Miami about two weeks ago and as you know they did not notify us. I asked Major Carter and Mr. G&over in the pirese nee of Mr. Van Brunt why vre had received no notification ar}d they told me that Dr. Kehoe had made the statement to them that small tanks of that type were not hazardous.I then described to them the recent result of Dr. Kehoes study and it was agreed that they would notify us of all tank cleanings of leaded gasoline - storageje tanks in which a man entered. Major Carter has agreed to t!lake this responsibily at the direction of Mr. Van Brunat. I spent; a long time going over the fact that they would fciave to notify us if we were to be of any service to them. If you hi;.lave any further information that you want me to get from them o|r anyone else please send me a letter to the Columbus Hotel here in Miami as I expect to return here from Cuba next Wed. Please mark hold for arrival. . Whitne/oweeney Jr,. 0021072 LAW OFFICES HUDSON & CASON MIAMI, FLORIDA May 8, 1940 Orange State Oil Company Miami, Florida Subject: Attention Mr. fanBrunt, secretary case i Gentleaeni We were interviewed yesterday-by,Mri ^ille, Local Agent, and Mr. Arthur-itr smitK7~Assistant Olainn Manager out of the Home Office of Maryland Casualty! Company with reference >to the reported cases ox" tetra-ethyl lead, poisoning reported to us in yoixr letter of May 6. we discussed every detail of these cases-for,aboulr two hours, and, while no definite agreement, was reached, we believe the following is an approximate, summary of our tentative views*/ we contended _!that under the /circumstances surrounding these cases, and especially in view of the/medical conclusion reached by Dr. Robert A. Kehoe, I change 31ate'"ha-s-- -incurred liability by reason/of the injury and death of the employees in question. It is/also our opinion that if Orange St ate,. is^liable , it is fully protected under the terms "-of ths^Worltmen? s Compensation policy issued by theHIaryland Casualty Company, and that the cases? would come under the Florida Worlcnen*s Compensation Law. Mr. Smith was somewhat inclined to the view to begin wifh, that the injuries and deaths occurred not by reason of accident but by reason of occupational diseases,! and contended that in such eases neither Orange State nor the insurance company was liable unless, of course, our supreme Court should hold that occupational diseases come within the classifica tion of accidents, in which event Mr. smith contended his company would still be relieved by reason of the clause in its policy excepting occupational diseases. K E' 0021073 N 24474.02 Orange state Oil Company P&$ 2 lay 8s, 1940 LAW OFFICES HUDSON & CASON MIAMI, FLORIDA Most definitions of occupational diseases contemplate a disease resulting gradually and over a period of time fro the nature of the occupation followed. For instance, as defined by the Indiana courts, "The natural and reasonably-to-be-expected results of a workman following a certain occupation for a consider able period of time". United Paper Board Company 11? N. E. 276; (71 C. J. 599) Lewis As we gat her the facts, the men employediIn cleaning out the t ank in Tampa were wo rkefs..an&Jcelpers who more or 1 ess classified as laborors-and..who were assigned various duties to perform,.at different times, In other words, they werp-not tank 'cleaners'Moy professio n or occupation and they happened, to- be in the tank on this particular occasion because they ware directed to work there. Furthermore, even if these men could be classified as occupational employees, we doubt If Orange state would have an *outM in sending them into an unusually dangerous place to work. We do not believe that even an occupational employee is supposed to encounter more than the'usual and oustojaary'hazards that go with this employment^--'1 \ \ It was our joint view. tTiati probably Ethy1 Corporation is liable in the flrsf-instance for placing so dangerous a mixture|\in a gas /tank and failing thereafter to remove Under the j Florida' Workmen*s Compensation Law, the insurer, iraon settling a claim under the lav/ becomes subrogated to the rights of the claimantn This means that Maryland Casualty Company, if it settled the claims, would have the right to proceed against Ethyl Corporation. In such event, if a recovery were had, the amount thereof would be determined by the old common law rules* and not ky the Florida Workmen*s Compensation Law, assuming, of course, that Ethyl Corporation does not carry suc$ Insurance in this state. If the recovery exceeded the amount of damages paid to the claimant under the!Florida law, such excess would go to the claimant.| H/e 0021074 Orange! state Gli Company Page 3 May 8,|1940 ; LAW OFFICES HUDSON & CASON i MIAMI. FLORIDA strongly urged the insurance company to proceed with settling the claims under the Florida Work men* s Compensation Law, but Mr* smith said that so far, no claim had been made and that In any event he would want to make hie report to the Home Office and get his instructions from headquarters as to further proceedings* The insurance company may decide to submit the question of occupational diseases to the Florida Industrial Commission* It is our conclusion that until we hear further from the insurance company, cr-unlass the claims be filed by one of the injuppd^persons'or the family of the {deceased person, mr'further actiontaken with rsopeot to this matter# `fours truly,/ HUDSON & CASON >7 K 0021075