J. E. Gilmore to Herlihy & Herlihy on Gene Howerton's Compensation Claim at Lompoc (1955)

A two-page letter of October 4, 1955, from J. E. Gilmore of Industrial Relations at J-M's Lompoc plant to L. H. Herlihy of Herlihy & Herlihy, the company's Los Angeles attorneys, about the workers' compensation claim of Gene E. Howerton, a maintenance carpenter at Lompoc from 1952 until August 1955. Howerton had resigned "alleging dust had been bothering him and affected his breathing" after a routine examination in August 1955, when his chest X-ray showed what the plant physician, Dr. Milton V. Duncan, called "possible earliest changes from pneumoconiosis." Gilmore writes that Howerton had little dust exposure and that the doctor believed he would never be disabled, and asks what legal defense counsel would suggest.

What it shows

Gilmore believed Howerton filed so that his case would be put off calendar, "protecting his possible future rights without jeopardy under the statute of limitations." He called this "typical of a trend that seems to be developing here": many people leaving their jobs at Lompoc, whatever their dust exposure or physical condition, filed claims off calendar, "Apparently as future insurance against possible disability." The letter shows that by 1955 workers at the plant were filing early claims to protect their rights under the statute of limitations, and that J-M's local management saw this as a pattern to defend against. Copies went to H. M. Jackson and others at headquarters.

In Johns-Manville's chronology

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

J.E. Gilmore (Lompoc Industrial Relations) writes to Herlihy & Herlihy (J-M attorneys), 10/4/55, regarding Howerton's workers' compensation claim for pneumoconiosis. Gilmore states that Howerton worked for J-M for 2-1/2 years and had little exposure to dust. In August 1955, Dr. M.V. Duncan's (plant doctor) periodic physical exam of Howerton detected possible early changes caused by pneumoconiosis, but noted that the changes were not serious. Dr. Duncan does not believe Howerton will ever become disabled from dust exposure.

However, Howerton became quite upset with his diagnosis and resigned. Gilmore believes that "from the manner in which Howerton has prepared his application it would appear that he is filing his case with the apparent intention of having the case put off calendar and in this way protecting his possible future rights without jeopardy under the statute of limitations." Gilmore says that "this case is typical of a trend developing at the plant. Employees leaving their jobs at Lompoc regardless of their dust exposure or physical condition, file claims "off calendar" as future insurance against possible disability.