Johns-Manville File on Michael David Mulligan's Ohio Workmen's Compensation Claim (1962)

A seven-page Johns-Manville file on the occupational disease claim of Michael David Mulligan, an insulator of some 16 years who had worked for J-M for two weeks in 1962 and said his lung disease came from dust, "particularly asbestos and magnesium." Gates, McDonald & Company, acting for J-M, sent his claim to the Ohio Bureau of Workmen's Compensation in July 1962 without J-M's certification. In August 1963 Edward P. McHugh and Associates reported that the examining doctor found pneumoconiosis but thought heart disease probably played "a great role" in his disability, and saw no need for him to change his occupation. The claim was disallowed.

What it shows

McHugh's letter of August 5, 1963, passed on the doctor's view that "apparently the exposure to harmful materials is much less than in previous years" and that further harm from continuing as an insulator was unlikely; it ended, "At the present at least, the matter is disposed of." Copies went to C. L. Sheckler of J-M's industrial health program. Like the McKinney file, it shows how J-M handled insulators' dust disease claims in Ohio.

In Johns-Manville's index

Johns-Manville's legal department indexed the Motley 1,000 in 1984. Its index describes this document as follows:

10-page J-M file on Michael David Mulligan's workers' compensation claim. Documents are dated from 1962 through 1963. Mulligan filed a claim for occupational lung disease with the State of Ohio Bureau of Workmen's Compensation in 1963. Mulligan claimed that his disease was caused from exposure to dusts of many substances, particularly asbestos and magnesium. Mulligan worked as an insulator for approximately 16 years for various employers. He worked for J-M for approximately two weeks in April of 1962 as an insulation worker. J-M hired Gates, McDonald and Company (Cost Control Service) to investigate the validity of the claim. Gates, McDonald and Company reviewed the Bureau file and found that Mulligan's lung condition was present before Mulligan began his employment with J-M. It was noted in the file that the Bureau concluded that the claim application was improperly filed against J-M and should have been processed against a construction company located in Pittsburgh, Pennsylvania. Further, the file indicated that Mulligan returned to gainful employment in May of 1962 for R. E. Kamig Company. Gates, McDonald and Company informed J-M that if the above information is confirmed, Mulligan's claim application should be disallowed since the Bureau's rules require that any claim for silicosis must involve total disability. A hearing on Mulligan's claim was held on July 26, 1963. Edward P. McHugh and Associates attended on behalf of J-M. The specialist appointed by the Bureau of Workmen's Compensation concluded that Mulligan had a moderate degree of pneumoconiosis and that it was probably due to the inhalation of asbestos. His disability was found to be approximately 15%. The specialist noted that Mulligan in addition to having pneumoconiosis had some coronary heart disease which probably played a great role in causing his physical disability. The specialist saw no need for Mulligan to change his occupation since his exposure to harmful materials is much less now than in previous years. The specialist felt that it was unlikely that Mulligan's disability would increase from any additional exposure in his present occupation. Since the claim was for a respiratory disease caused by the inhalation of dust, the claim was subject to the rules for silicosis cases. For such cases to be compensable, it was necessary that there be a total disability. The referee denied Mulligan's claim because Mulligan was not shown to be totally disabled. However, the referee indicated that if Mulligan ever became totally disabled, he might gain an award of compensation.

Related documents

• Johns-Manville File on William S. McKinney's Ohio Workmen's Compensation Claim (1962)

About this copy

This is document 836 of the Motley 1,000, from the set the Manville Personal Injury Settlement Trust's records facility certified as true copies, pages CRMC-Motley1000-Subj-004508 to CRMC-Motley1000-Subj-004514.