Paul W. Chapman to H. M. Jackson on the George Lewis Case and Travelers (1970)

A confidential three-page memo of May 27, 1970, from Paul W. Chapman at J-M's Billerica Plant in Massachusetts to H. M. Jackson at headquarters, copied to J. D. McGee and C. L. Sheckler. Chapman reports a dispute with Travelers Insurance over weekly sickness benefits for George Lewis, a 55-year-old employee whose physician's statement listed asbestosis as a possible secondary condition. When a Travelers investigator grew concerned that the case was industrial, Chapman asked him not to get a release from Lewis "because I did not want to tip him off that he had any possible grounds for an industrial disease claim."

What it shows

Lewis learned why his benefits had been stopped, went to a lawyer, and filed a workmen's compensation claim with the Massachusetts Industrial Accident Board. "The very thing I was attempting to prevent consequently occurred," Chapman writes, adding that Lewis "had been told several years ago that he had indications of having asbestosis." He expects more cases "as our older employees become ill, of some non-industrial nature, and we know them to have some degree of asbestosis," and asks for guidance "to forestall other employees from attempting to file for Workmen's Compensation when asbestosis is not the primary cause." The same year, Billerica's answer to Dr. Davison's survey said that "Until recently the philosophy was to withhold this info."

In Johns-Manville's chronology

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

Memorandum from Paul W. Chapman (Billerica) to Jackson dated 5/27/70 relates specifically to the case of George Lewis. The letter quotes from the physician's statement submitted along with the A&S claim to Travelers which notes a possible link to pneumoconiosis (asbestosis) while the immediate disability is apparently not occupational. The claim was submitted to Travelers which paid without protest.

However, when the absence became protracted, Travelers requested a supplemental physician's statement and J-M accidentally became aware that Travelers was investigating the claim. "I asked him not to obtain a release from Lewis, because I did not want to tip him off that he had any possible grounds for an industrial disease claim." "However, because this claim was stopped, kicked around, and a decision delayed, Lewis inquired from Travelers why, and I could not prevent him from discovering their concern, and reason for refusing to pay the benefits, i.e., Travelers asserted the claim was occupational in origin] . . . The very thing I was attempting to prevent consequently occurred. Lewis promptly went to an attorney and now is starting legal action, as well as workmen's compensation action with the Massachusetts Industrial Accident Board. I fear that this will be a long and a costly case, Lewis is far from well, is not recovering satisfactorily and yet is only 55 years old. He had been told several years ago that he had indications of having asbestosis. . . I would not be so concerned except that we must separate nonindustrial illness from industrial illness and it appears that Travelers will henceforth thoroughly investigate and question all claims."

Editor's note: The words "Travelers asserted the claim was occupational in origin" inside the chronology's quotation were added by the chronology's writer. They are not in Chapman's memo.