The people's voice., 1957-02-08

Lehrknds Occupational Disease Bill
A Stone Aqe Approach To The Problem

we'll along on the road to rgor mortis
compensation Even then, because of gimmicks il
this the most hearess piece compensation legislation pro
posed in legislative sessions he would stand
chance of getting nary dime Companion SB 70
in the House is HB 241 by Cullen OWibaux) and Hanes (R
Prare).
of THE VOICE could be used to how
really However, few examples
should suffice.
other occupatonay disabled wOrker would have to be TO
tally physically ncapactated because of the disease Ever
though his lungs shot and he bedridden if there
earning capacity left in his emaciated body and
he tried inadequate compensation payments with
earning capacity he would be barred from
He would have had be exposed to the hazards of the
five years continuously the employ
the employer against whom claim for compensation IS ed
Men have been known to have become third stage s alive
but barey) Scocs within less than two years One of
excessive exposure kinds of metallic and other poison
ingS is sufficient to totally disable kill worker
An employee must make claim for compensation within
not later than 80 days latter the employee leaves his employ
barred" securing occupationa di
compensation Although worker may be ailng and
forced quit job because of such disease he not be-
come totally disabled eligible compensation under
these bills for after severng his employment
Back 1915 when the Montana Workmen's Compensa-
ton Act placed the books employers in exchange for
protection against suit the right to claim employee
assumed risk of avoiding compensation payment
SB 12 and HB 21 under Section g. for all attempt
to recape for an employer the assumption OF risk doctrine
dodge to avoid compensation payments Section says
employee will be barred from compensation his i'll
aggravated contributed by the wfu misconduct
wilfu seexposure Of the employee In the first place,
Who to determine whether employee was wfu in ex
Silica dust does float around the atmosphere of the Butte
mines do the sponsors Of these bills to that
poyee he would safeguard himself against Wful exposure
should cease breathing while underground?
AS yet another dodge for employer written into the
bills physical examinations and autopses Whoever
may wish physical examination Of Occupationay diseased
worker who wishes autopsy of the workers body may
with either the examination the autopsy per
formed by duly licensed physician selected by and at the
cost Of the party requesting such examination or autopsy
Obviously the worker his survivors receiving compen
atio they will not be asking for either examination an
autopsy ndusia disabled workers Butte and Anaconda
all too we'll acquainted with the doWngradng Of serious
injuries suffered the job by company contract doctors
This provision of the bills would extend such
tract doctor doWngradng to occupaona disease disability
we'll Another great big oopho for the employer to slip
through in avoiding compensation payment.
another dodge would bar occupational
disabled worker his survivors from going court to obtain
justice after for example, his disability had been down
graded by doctors such extent he echn
caly not eligible for compensation.
Another major gmmck in the proposed law would bar
OccupaOnay diseased worker from receiving
tion eligible Social Security payments from
employerempoyee negotiated pension plan Social Security
worker has part built EmpoyeremplOyee pensions
increases held in abeyance until such time the
poyee reaches fixed retirement age Both payable to
workers whose health impaired because of
dustra disability disease When worker retires who is
disabled by OccupatOna disease he certainly entitled to
something in return for i'll health and shortened life
resulting from unsanitary and unhealthy conditions in his form
place of employment
Finally if the disabled worker has the gauntlet of all
other gmmcks in either bill and ends dead in the
than half valuable his survivors workman
accident The survivors worker who died from
disease could draw benefits