Dr. Kenneth W. Smith to Dr. T. H. Davison on Reading X-Rays for Compensation Liability (1963)

A one-page confidential memo of February 14, 1963, from Dr. Kenneth W. Smith, J-M's medical director, to Dr. T. H. Davison at Waukegan, copied to B. Mulder and R. C. Smith. Answering Davison's memo of January 31, Smith wrote that his X-ray review of the Insulations Plant's employees the previous fall "was not only to determine the extent of possible disease, but more importantly, to try to estimate the potential Workmen's Compensation liability that existed in the plant and to forecast future expenses." He confirmed that the list had been prepared for Mr. Gray's use "concerning a business decision which he would have to make."

What it shows

Smith explained that his readings differed from those of the plant's radiologist, Dr. Pitts, because he read films against each man's past and present work to judge "which people probably would become disabled in the future." Asked why there were no notes in the medical records and no red slips, he wrote: "I honestly felt that I should not put anything in the record or take any action for I was acting only as a consultant." He offered to review the 19 cases with Davison "using a strictly medical interpretation on one hand and a potential financial liability on the other." The memo shows that men J-M's medical director had found likely to become disabled were not recorded as cases or told, while the findings were used to forecast compensation costs (see R. C. Smith's memo on the Waukegan backlog).

In Johns-Manville's chronology

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

Letter from Dr. Smith to Dr. T. Davison dated 2/14/63 regarding a difference of opinion in interpretation of plant workers' chest films. Dr. Smith makes a distinction between reviewing films "using a strictly medical interpretation" as opposed to a review which considers the "potential financial liability." Dr. Smith explains that his review was done "not only to determine the extent of possible disease, but more importantly, to try to estimate the potential Workers' Compensation liability that existed in the plant and to forecast future expenses."

In response to Dr. Davison's concern that there were no notations in the employee medical records and no red slips issued on these cases, Dr. Smith responds that he felt he should not put anything in the record since he was acting in an "advisory capacity and not a supervisory" capacity to Dr. Culmer.

Editor's note: J-M's description quotes Smith as acting in an "advisory capacity and not a supervisory" one. The memo does not use those words; Smith wrote that he "was acting only as a consultant" to Dr. Culmer and the plant.