A. B. Marchant to A. K. Higbee on Waukegan's Handling of a Compensation Case (1960)

A three-page confidential memo of August 8, 1960, from A. B. Marchant at J-M's Waukegan, Illinois, plant to A. K. Higbee at division headquarters, copied to Dr. Kenneth W. Smith, J-M's medical director. Answering Smith's criticism of how one worker's case (the name is redacted) had been handled under IH-54, J-M's procedure for assembling a chest X-ray report, work history and medical report on occupational disease cases, Marchant admits the plant "fell down" by leaving six follow-up letters unanswered. He blames the plant physician, Dr. Culmer, who was supposed to spend 25 hours a week at the plant but honored that agreement "only in minute fractions."

What it shows

The memo shows how closely J-M headquarters tracked the paperwork on occupational disease claims, and why. Marchant notes that a medical report on the case was written only under the deadline of a July 29 hearing, and that an abnormal electrocardiogram proved "not to be significant in preparation for the defense of the case." He defends Waukegan's record: some 15 to 20 workmen's compensation cases settled in the past year "with terms favorable to the company," with "a minimum amount of legal expense and a minimum degree of Union interest." The plant's medical department problems continued that fall (Seppala to Mulder, October 1960).

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

A.B. Marchant memorandum to A.K. Higbee, dated 8/8/60, discusses the problems at Waukegan in carrying out IH-54 (work history) procedures. Dr. K.W. Smith has been critical of Waukegan on this point. Part of the problem is related to the failure of Dr. Culmer to live up to his agreement to spend 25 hours each week at the plant. It has been difficult to get certain medical reports which are needed for proper handling of workers' compensation cases.

Marchant explains that although Waukegan has not followed IH-54 precisely in the handling of all its cases, it is his feeling that the cases have been handled with a minimum amount or legal expense, a minimum degree of Union interest, and settled in a manner fair to both J-M and the employees. The quality of Dr. Culmer's work is high, as is his rapport with the employees. "I certainly will not argue the point that we can always improve in our handling of most matters, and we are open to any suggestions that you or Dr. Smith care to make."

A handwritten note to Boyd (presumably Mulder) from Jim regarding this issue attaches a draft which Jim would like Boyd to edit before it goes to A.B. Marchant. Jim states that "I think we have to be careful that this whole mess does not result in making another Keller out of Culmer. I suppose we could take the easy way out and pt. to Fanny but that doesn't solve anything and is not fair. Consolidating the IH-54 with her was not the answer to this prob."

Editor's note: The last paragraph of J-M's description quotes a handwritten note from "Jim" to Boyd about Dr. Culmer. That note is not in this file, which holds only Marchant's three-page memo.