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

A 26-page Johns-Manville file on the occupational disease claim of William S. McKinney, a pipe insulator who said he got asbestosis in both lungs removing insulation for J-M at the Bakelite plant in Marietta, Ohio, between October 1961 and April 1962. J-M's contract manager withheld certification of the claim, and its agents, Gates, McDonald & Company and Edward P. McHugh and Associates, contested it before the Ohio Bureau of Workmen's Compensation. In September 1963 J-M's insurance manager, Frank H. Deeg, wrote that he "was very pleased to note" that the claim had been denied. The file goes on to McKinney's 1964 appeal and his application for an added award for violation of safety requirements, which J-M denied.

What it shows

In March 1963 J-M's contract manager disputed McKinney's account of his work, arguing that aluminum-jacketed insulation "had not been used on a wide scale until about 1955-1958." Copies of the claim papers went to Dr. K. W. Smith, J-M's medical director, and C. L. Sheckler of its industrial health program. The file shows how the company handled an insulator's asbestosis claim in Ohio, where dust disease claims had to show total disability.

In Johns-Manville's index

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

22-page J-M file on William S. McKinney's workers' compensation claim for occupational lung disease. The documents are dated 1962 through 1964. McKinney filed his occupational disease claim with the State of Ohio Bureau of Workmen's Compensation in 1962. McKinney alleged that he contracted asbestosis in both lungs while employed by J-M in removing insulation materials at Union Carbide's Bakelite Company in Marietta, Ohio. McKinney was employed by J-M from 10/61 through 4/62. He alleged that his first symptoms appeared in June, 1962. The claim was heard on September 4, 1963. The referee at the hearing was Paul Drugan. Edward P. McHugh and Associates, Inc. (industrial consultants) was present on behalf of J-M, and McKinney appeared along with Marvin A. Goldstein, his attorney. McKinney's application for compensation and benefits arising out of his employment with J-M was denied. A total sum of $196.62 was ordered paid out by the Surplus Fund to cover medical examination fees and travel expenses incurred by McKinney. The referee stated that there was no proof that McKinney was exposed to asbestos dust. The referee was influenced by Dr. Damon Wetteraner's (Specialist in respiratory diseases, retained by the Ohio Bureau of Workmen's Compensation) medical report on McKinney, which concluded that McKinney did not appear to be seriously disabled and did not have silicosis, asbestosis, or any other pneumoconiosis caused by his occupation. McKinney appealed the decision, and a hearing was rescheduled for March 3, 1964 before the Columbus Regional Board of Review. John G. Freedom (Edward P. McHugh & Associates, Inc.) was present on behalf of J-M, and Marvin A. Goldstein appeared along with McKinney. At the hearing McKinney alleged that he had an occupational disease known as asbestosis which was caused by his employment at the Bakelite Company. However, he stated that the injury occurred during a four-day incident while he was working over a tank and inhaled fumes. He was unable to clearly state that he had been exposed to injurious dust, the "Safety and Hygiene Section had never made any report of injurious exposure to dust in this claim, and the claimant was not totally disabled as required under the law for silicosis claims." Dr. Wetteraner's report was also considered. The Columbus Regional Board of Review affirmed the September 4, 1963 decision. The Board held that "the proof of record fails to establish that the claimant suffers from an occupational disease contracted in the course of his employment with the named employer." On March 24, 1964, McKinney filed an Application for Additional Award for Violation of Specific Requirement: Non-Fatal Injury with the Ohio Workmen's Compensation Industrial Commission. McKinney alleged that J-M violated Chapters 14 and 15 of Bulletin No. 203 entitled "Personal Protective Equipment" and "Ventilation and Exhaust." He alleged that "I was not given safety goggles, respirator or heavy clothing. The respirator should have been issued most important." In a letter from John G. Freedom to J-M, 6/11/64, Freedom states that he doubts that the claimant's application for Additional Award for Violation of a Specific Safety Requirement will be upheld. If it were upheld, though, J-M and not the Bakelite Company would be responsible, since J-M was the claimant's employer. Although, Bakelite "might be the subject of a separate law suit by the claimant which would have no connection with the Workmen's Compensation laws of Ohio."

Related documents

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

About this copy

This is document 835 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-004482 to CRMC-Motley1000-Subj-004507. The claimant's report form (CRMC-Motley1000-Subj-004498) is left out of the copy here because it shows a Social Security number.