W. B. Reitze to R. B. Von Wald on Pittsburg Workers' Compensation Liability (1977)

A two-page memo of December 22, 1977, from W. B. Reitze of J-M's Health, Safety and Environment Department to R. B. Von Wald, with copies to Dr. Paul Kotin and Dr. W. R. Paul. After a meeting on future workers' compensation cases, J-M had asked plants likely to produce occupational disease claims (Billerica, Nashua, Long Beach, Marrero and Pittsburg) to search their medical files for workers who had disease but had not yet filed a claim. At the Pittsburg, California, plant the contract physician, Dr. Donald Smith, said he was "morally and legally bound" to tell any of these employees, many of them long retired, if he found adverse findings in their X-rays or files.

What it shows

There were between 250 and 500 files dating back to about 1943, and in a first sample of 10, Dr. Smith had found adverse findings in 4. Reitze writes that the cost could normally be handled through the usual compensation procedures, but that newly found cases "could have considerable influence" on pending litigation in the Kent Wise matter, and Dr. Smith's review had been stopped while the legal department decided whether he should go on. Two options had been suggested: not to have the records reviewed, or to review them and be prepared for "an onslaught of workers' compensation cases." Reitze argues there was only one option: "Not to inform these past employees would not only be morally wrong, but may well create additional problems for us down the line." The follow-up is his January 1978 memo to Dr. Kotin.

In Johns-Manville's chronology

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

W.R. Reitze informs R.B. Von Wald, 12/22/77, in reference to Pittsburg Workers' Compensation Liability that J-M asked the contract physician, Dr. Donald Smith, to review medical files of workers at the Pittsburg plant who had not filed a workers' compensation claim. Dr. Smith stated that he is obligated "morally and legally" to notify the workers of the findings. In the event that all the files reviewed showed evidence of occupational diseases, Manville anticipated over 250 additional cases which otherwise might not have been brought against Manville.