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Dr. Kenneth W. Smith to K. A. Gervais on the Nashua X-Ray Survey and Probable Compensation Claims (1955)

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A confidential one-page memo of July 8, 1955, from Dr. Kenneth W. Smith, J-M's medical director, to K. A. Gervais at the Nashua, New Hampshire, plant, on the X-ray survey Smith had just finished there. He reviewed films of 335 employees and found 43 cases of definite occupational disease (2 salaried and 41 hourly men); 19 employees had no films because they "had refused to participate in our physical examination program." Sorting the 43 by age, Smith writes that the 13 men under 50 "will be probable compensation claims," the 13 aged 50 to 54 may or may not become claims, the 12 aged 55 to 59 should with luck have "no compensation claim against the Company," and the 5 over 60 would not.

Author
Kenneth W. Smith
Sent to
K. A. Gervais
Published by
Johns-Manville
Date
July 8, 1955
Number
Bates AO 103350944
Library no.
ACL Doc 11304 · asbestosclaims.law/library/11304
Rights
Republished under fair use for research and historical study.

Read or download

Read online Download the PDF Memo, July 8, 1955 · 1 pages · 50 KB

What it shows

Smith praises the plant's recent dust control and urges it to continue "so that no further disease will become evident." Because many films were poor, he advises that the figures not be used "by the Finance Office for accrual purposes for potential compensation claims" until better films were taken the next year. The memo shows the company's medical director measuring disease at the plant in terms of future claims and their cost. In a companion memo that day he wrote that the men did not know their results and should not yet be told (Smith to Gervais on the X-ray lists).

In Johns-Manville's chronology

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

K.W. Smith writes K.A. Gervais on 7/8/55 re a review of [335] employees; 79 negative, 43 definite disease; 19 doubtful. Of the 43, 13 (under age 50) represent probable future compensation claims; another 13, (age 50-54) may have claims, depending on future dust and "intercurrent infections"; 12 (aged 50-59) with luck will have no disability and thus no compensation claim; 5 (age 60+) are unlikely to suffer disability or seek compensation. Because some x-rays are of poor quality these figures are not useful to J-M's finance office for accrual purposes for potential compensation claims. cc: D. Cannon; V.B. Padham, Nashua.

Editor's note: J-M's description counts 19 doubtful cases; in the memo the 19 are employees with no films because they refused examination. The description also puts 12 men at ages 50 to 59; the memo says 55 to 59.

Cited on this site

Cite this document

Kenneth W. Smith. “Dr. Kenneth W. Smith to K. A. Gervais on the Nashua X-Ray Survey and Probable Compensation Claims.” July 8, 1955. Bates AO 103350944. Johns-Manville. AsbestosClaims.Law Library, ACL Doc 11304. https://asbestosclaims.law/library/11304.

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