Warren J. Brown and E. A. Gervais on the Asbestosis Claim of Harry Burris (1958)

Two Johns-Manville papers from spring 1958 on Harry A. Burris, an employee at J-M's Billerica Plant in Massachusetts. Warren J. Brown reported talking with the company doctor and then, on April 16, 1958, with Burris and his wife: his own doctor had told her that X-rays "as far back as 1952 or 53" showed fibrosis, and she was surprised "that Harry was not told of it and given an opportunity to decide for himself" whether to keep working in an asbestos plant. On May 15, E. A. Gervais told H. M. Jackson that the company physician and Dr. Kenneth Smith agreed Burris had advanced asbestosis, "affirming the diagnosis made by Dr. Mahan back in 1947," and asked whether J-M should agree to pay workers' compensation.

What it shows

Gervais wrote that Burris had received no compensation since March 7, 1958, was "extremely bitter" and considering legal action, and that the liability could reach $15,000 to $20,000. Brown told the family that J-M would not accept any claim "without thorough investigation" and that pulmonary fibrosis meant "certainly not an immediate shortening of one's life span." The papers show that this worker's asbestosis had been diagnosed by 1947, and that by his family's account he had not been told of the X-ray findings.

In Johns-Manville's chronology

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

Correspondence among E.A. Gervais, Hugh Jackson, Tom Eaton, K.W. Smith, V.D. Padham and Warren Brown dated 5/15/58 relating to the claim of Harry A. Burris, (Billeria plantworker). The man's private physician as well as the plant-related physician (Hajjar) were in agreement concerning the diagnosis of asbestosis. The private physician advised Burris that "x-rays as far back as 1952 or 1953 show evidence of this condition of fibrosis," and his wife expressed "surprise that Harry was not told of it and given an opportunity to decide for himself as to whether or not he would continue to work in an asbestos plant." Gervais sought Jackson's guidance concerning whether J-M should accept liability for compensation pursuant to the Massachusetts Worker's Compensation Act. He noted that a claim had been made to Travelers pursuant to the accident and sickness insurance. He also noted that Burris was extremely bitter and that any delay in recognizing the validity of his claim would make legal action more likely.