15 10 348 https://haylibrary.cvlcollections.org/files/original/9055f23abd8bcf49ccb122dac942477e.pdf 05e9f8d38a0ddc2f13588a6b135eea5e PDF Text Text COlZPEHSATI ON CLAI M WASIL LEVKULICH E1.J:>LOYE OF LI ON COAL CORP ORATION Tra n s.crip t .of Tes t imony by Jay Go Wanner, MoDo A. , �October 24 1 1935 Mr. T. S.Taliaferro, Jrop Attorney Rock Springs , V/y oming . Dear hlr. Taliaferr o: I am returning herewith transcri p t of evidence given by Dro Wanne r in t h e case of Wasil -~ , _ . . ~......... =-~ - ~~v_!{ulich, an employe of the _Lion _9 oa:J,. .Com1J:anyo I found this . testimony very interesting and have had a copy made• for our files. very mu.ch for passing it to me. Thank you This shovv-s the tredn of what s.ome people are trying- to do and 1;vhich will probably get worse before getting bettero Yours truly, . .:. !_._. j i.....f.:..;r ·~J V' ; " ,.,, b 1/t£t:;3; �J. CO ... LT. I. ll. Daylooo . ~~lieing :.'.r .- Taliui' ~-1·0' r; lct-uo:.i;ocethor uitb. •<iho tootimoLY retorrocl to1 �C OP Y THE UNION PAOIFIC COAL COMPANY Rock Springs, Wyoming October 10, 1935 Office of Attorney hlro George Bo P r yde, Vice President and General Manag er, The Union Pacific Coal Company, Rock Springs, Wyomingo Dear Sir: I hand you herewith the testimony of t wo of our local Doctors taken in a case at Green Ri ver on the 2nd day of October, 1935, wherein Pal y, the County Attorney and others claimed an employee of t h e Lion C·:)al Company was permane n tly 51 totally disabled fro m insanityo This case involved someth ing around, I think, $ 8,000oOO. This case ,llill be of interest to you, because I think The Union Pacific Coal Company has one or t wo similar caseso I ·want you t .o read the testimony given by Dra ,'ianner, which illustrates the jeopardy vre are in at all timeso I find out that I make a mista ke in a former case, which mistake I avoided in this case, and I also avoided it in the Union Pacific case of Eugene Griglione. I 'think I told you the many letters and messages that I sent to General Attorney Loomis. I had this transcription made especially for the benefit of 1~r. Be.yless, and I ask you to turn it over to him when you have read Dr. 'Jlanner' s testimony. On second thought, I think it would be well for you also to get a good picture of how easy it is to get one Doctor in ten or fifteen togive testimony, which will support almost any outrageous claim. If Dr. ·:!anner ha d examined this vrnrlciilan constantly from the time that he went to the Denver specialists, the Lion Coal Company would have lost the case. It may be expensive, and this case was ex9 ensive for the Lion Coal Com·Jany, but we must send our patients to the specialists near the ti~-e of trial and after local Doctors have committed themselves. This case was expensive for me, the time that I put in on the case being worth a good deal more than the Lion Coal Company ;.- .•ill pay : ! e f or two :1ears. 1 Kindly treat this letter e,s confidential between you and Ifr. Bayless. Yours truly, (SGD) T. TST:kb s. TALIAFERRO, JR. �The State of Wyomin g ss. I N THE DI STRICT COURT County of Sweetwater ) In t h e l.fa t ter of t h e Cl aim -o f'.7AoIL L EVKULI CH , emp l oyee of t h e Lion Co al Co ml-'any , 1:1a d e under th e \'lo rkmen' s Compensation Lav, . Ho. 8215. Ex cerpts Tr w1script of ~roceedings -o- Green River, Wyoming, October 2nd, 1935. �;r. G. WAfTI\fER . a witness called herein on behalf of the claimant, being first duly s worn according to law, on his oath testified as fallows: Direct-examination by Ur. Ga licich: State your name, p le ase . ;r. G. Wanner. Q,. A. Where do you resi d e? Ro.ck Sp ri ng s, Wyomi n g . Q• A. A. ~- What is your busine ss or prof ession? Physician a nd su rg eon. Q,. A. Ho w lon g hav e you b een a physi cian and s urg eo n? About sevente en ye ar s. Q,. A. How long i n 1I!yomi ng? Fifteen years. ~A. You are of the re gul a r s chool o f med icine? Yes, sir . Q, , A. Do you kno v1 the injur ed wo:rkmo.n , Wa sil ·Levkulich? Yes, si r . Q. Have you ever at tended or excilllined the man in your profess ional c a_p aci ty? Ye s , I ha ve examined hi m several times. A. Q. • A. When d i d you fi1~st ex ami ne him? I examine d hi m first -- I co uldn't te.11 you the exact date, but it ,w.s in the hospital shortly after his injury. Q. • Do you know where he was injured? Do you mean the place? A. Q, . A. Yes. I understood he was injured in one of the mines in which he was employed, while at his duties. Q, . Could you tell us the month and the year of that first examination? I . don't believe I coul<i wi tri0ut referring to my office records. A. Q• A. Do you have them with you? don't have the records of the f'ir·st examination, but I have some records of the reports mttde since tba t time. I THE COURT: He was injur ed, Doc t or, according to the report of the employee, on the 16th of October, 1931. �2 A. Contin uing) I s aw him a:ppr ox i ma t ely pos s ibly on t h e 18th or liJth of tha t same mon t}). . r. Yo u ma oe en exami na ti o n o f h i m a t that ti me? Yes , I examined him. I e xamined one o f h is ears, on the injured side , be c aus e he h ad been ha vi ng some bl e edin g , and Doctor San aer s c a lled me i n t o s ee him . I b elieve he wa s su ppo s e d to have b een di z zy . 'Vi e ;v ere try i ng to loc a te the source o f his injury a t tha t time. I a lso exami ned s ome x-ray pic tu r e s of h i m . A, . Q, , .A . Q, . A. Q, , r .. No w, will y ou 11l eas e state t o t h e Court \· ha t y ou found as a result o f tha t examina tion'? At th a t ex amin c1 ti on , the ear d r um had evi de ntly bee n ru pture d, an d there was s ome bloody s eru m showi n g ov er that site a t tha t ex2.mina tion . The x - r ay p ictu r es -- I wa sn't able to see i n t hem any d ef ini t e f ra ctu re t ha t woul d i n dic a te a skull fr a c tur e . Th e man wa s we ak a na appea r e d d izzy wh en he s toa d up , and n o fu rth er exami na ti on wa s m&de by me a t th a t time. He >'las sent i n la ter to me for a check-up of his he a ring an d vi s ion. When wa s that? That w& s prob ably a " ou t a mo nth after th e time h e wa s in the hospita l . What d i d.. you fin d c:. t tha t time? A t t h& t ti me the man complaine d of lo wered v1 s1on -- very }:Joor visio n -- and he had many other symptoms of dizziness 8l1d. pai n i n h i s h ead . He comph:.i n ed o f not being a·ble to hear o n t h e one si d. e . Ky exam in a tion a t that ti:ne did not disc lo se very- much t o acco un t f or all o f tho se symptoms. I ex ~ 1i ea h im re_pe a te d ly, I vrnu l d say many times, a fter that. Som e of those ex amin a tions were not ma d e as a matter of record, b 1_l t they 1;1 ere mad e a s c a sual office examin a tions, e.na t h e:1 I made an exami na ti on o r t wo af ter that, when I believ e the coal compa ny sent h im, or- thr ough Doctors Lauzer and. Sa.nae rs, a nd then I made re [$ular reports of those examinations. 3ut his sympto ms ciuring, those pe riods never seemed to dovetail with the physical findin g s. :Jhen did you l u st examine thl s ma.n? refer to iflY records here? Q, . 1 J-. . }fay I ~A, Yes. I cannot tell you the exact date, but it vrns in September of 1 J 33, according to my last records, before he wa s sent to Denver. Q, , ,.'/hat did you find at that time? I was unable to find any physical eviaence to support the man's sympt0ms at a ny time. I considered t:i:1a t ei th.er the man was mali n 5 ering o 1· that he haci some s ymptoms or some A. �3 objective sign s which I coul d not correlate with t h e things h e c omplai ne d of . I s u g g e s t ed to someone -- I don't lmow whe t he r it was the Court or who it wa s -- a t tha t ti me t ha t th e man be sent for a comJ,> l e te neu ro l o gical a nd serolo gi cal exar.1 ina tion, a n sel ecte thre e or f our men in Denver to do this who h ad not p reviously ex ainine d the man. As I rec a ll, he had been exami n e d in a lt Lake a nd h a d been pronounced a ma lingerer, but, to give the man the benefit o f the doubt, vie selec te d t wo ou ts t an d in • me n in De nv e r. But y ou asJ<:ed me 'Jhat I fou nd . Th e man a lw ay s comp lained that he could not s ee . Th at w&. s his m i n comp l a int. He also com1lained th &t he va s dizzy , u. n he hc.d :p ain s in his hea d , a nd he could not hear 1.vith one e a r . I n my tests oi his vision, I wa s never a ble a t an y time to 6 et him to co - o p erate suff iciently to find o ut v,h et· er h e coula see o r not . He would refuse to r e a d a ny k in d o f a ch art . Wh ether t h e cha r t be he l d up t wenty fe e t fro m him o r wheth er it i,-,a s h eld up in f ront of his f a ce, he sc..i he coul dn ' t s ee any thin • , a lthou gh he wa s able to g et aro un d f a irl - s a tisf a ctorily . Q, , A. A, Q, . A. Q,, A. Q,, A. Did y ou ever see him a f ter t ha t exam in a tion i n 1933? I' m sorry, but I don ' t have my office r eco rd s v, ith me, an d I don 't know 1Nhether I d id or not . At least , I don' t b elieve I made any rep orts on h i m a fter tha t t i me . Did you ev er see hi m 'vhen he v,a s not a t your o ff ice - - that is, see him c a sually? I believe I have s e en him on the s tre e t, y es. Novi , I ,:,il l as _ y o u to st a te, fro m your ex am in a tion of the vrnrkman - - did you f i nd any p ermanent p hysical di sabi li ty, or did you find any -(Inter_LJosing) I ·woul d li ke to ha.v e tha t question put a little d if ferent l y , if p osEi b le, so that I may an swer it more intell i gently . Do you mean , d i d I find any objective signs, signs th&t I could see, of physical disability? Yes, objective symptoms. We speak of objective si g ns as something we can see, a nd subjective as something tha t the patient feels. I hc1.ve never been able to find any objective signs at all to account for his alleged trouble or symptoms. Now, in your opinion, do you believe tl1at there are subjective symptoms or that there is something wrong with the man mentally? Yes, I have formed a definite opinion in that regard through this period of time in which I had observed him and in readin.-:, the re1Jorts of the specialists wbo have examined him, and I have fanned a definite opinion as to what I think his trouble is. Q, What is that opinion? A. My opinion is that he has a condition known as post-trau.-rnatic �4 neurosis, or p sy chosis. I believe the man believes in his o wn mind tha t these thin gs a re wron g with him. At first I wa s incli ned to believe, li k e the oth e r men, t ha t the man v1 a s an out-and-out ma ling er er, but I am convince d now that he is not. I believe , if y ou wan t to so c all it, tbat it is a mil d form o f insanity. Q, . In y o u r opi nio n , is this mental con d ition due to the inj ur ie s whi ch he s u st a i ned i n Octo ber , 1 93 1? A. In my personal opinio n , it could be _p ossi ble . MR . TALI AFJi' RO : I object to tne answer anci move that it be stricken ou t. He aske d h im, in his opi nio n , did he consider his ment al condition no w the r e s ult o f the accident, and no w he says, 0 1n my p ersonal o pini on, I thinl< it might be pos sible" . Tha t is si mpl y a gu ess . THE COURT : s wer it. 11aybe that is a s definite ly as he can an- THE WIT.HESS : I mi ght qualify that, if the Court wishes, on this basis -- tha t t h ese qa ses a r e com~a ratively rar e, and much of our o inion i s f ormed on t h e pa st r ecord of similar c a se s t h a t we h a ve r ead ab out or have s e en co me up before other courts o f a si mil a r nature . 1Iy findin g s a re ba sed :princi p a lly u pon t h e i n terpretation of the re ports o f the other special_i sts who h ave exa.min ed t his man . HR . TALIA.FERR(:) : I object t o hi s bas in g his opinion upon rep o r ts of other speciali s ts that have examined him. This is not a hypothetical que s tion. THE COURT: Q• A. Q, . A. Q,. A. I think I wil .1 l et the a nsvrnr stand. Does this post-traumatic neuro sis d isable this man from performing work a t a t,ainful occup a tion? As lon g as it exists, yes. I wil l ask you to state whether or not, in your o,l)inion, the post-traumatic neurosis condition that you found to be present in connection with this case, or this p a rticular workman, Vfa sil Levkulich, is permanent or merely temporary. I am unable to _answer that ciefinitely, but, to quote again from the authorities on similar cases, I would say that many times in such cases as this, when any kind of a settlement has been made, either for the patient or against him, the neurosis will sometimes clear up when the patient's mind has been satisfied that the case has been settled. Doctor, are you a member of the Sweetwater County lunacy commission? Yes, sir. �5 Q,. A. Q. • A. Vlha t would you say as to the mentality of this workman? Is it normal, above normal or , below normal? Not knowing the man before his present condition, I would not be able to say definitely, but I would probably classify him as being somewhat below normal. From your e xamina tion of this man, Doctor, do you know definitely, or even approximately, when this post-traumatic neurosis was cievel oped or wh en it became present in the man to such an ext ent that he could not :perform work at a gainful occupation? I under s t and the man llR. TALIAFERRO : I object to what h e understands, if Your Ho nor p le ase . A. You mean, since t~'le injury? A. Q• Since the injury. It is my opinion that the trau ma tic ne uro s i s took place i!Ilmediately follo wing h i s injury. Q, . And was present at the da te o f your last examin ati on in A. September, 1 g33? Yes, sir. Q.. A. Coul d you state from your casua l observat ion of this man after t hat ti me whether t ha t con diti on still existed at the time you saw him, and. , if so, appro xima tely what time or date that VJ as? The only ·way I could an s v1er that is that the last time I personally s aw him and e.xan1ined him, it existed, and tn t a lki ng to ::!l.embers o f his family and others, the condition was app a rently the ea..--ne v1hen I would inquire about him. A. In othe r v1 ords, you keyt in close touch with this case sin ce its inceptio n to the p rese n t time, is that correct? Fairly close, through asking about his v1elfare from his other doctors and his wife a nd one or t wo qf his children that I have seen. A. I will ask you to state, to ascertain anci to realize that this traumatic ·neurosis condition exists -- can that be found upon one examination of a workman or does that require a continuous study of the case? There are certain cases of traumatic neurosis which· are demonstrated by actual physical findings, such as x-ray pictures, and there are some that we are not able to demonstrate and yet we know they exist. Q, . Q,. A, In which class would this one be? I believe this is a case in which no physical evidence can be shown in the way of x-rays or tests to support his symptoms. �6 Q, A. I will ask you, then, in a case like this, referring to this particul ar case of this man, V/ asi 1 Levh.7J.li ch, could some d octor, ·by ex amining him only once, determine whether or not he was sufferin g from tra umatic neurosis or · would it require ~n ob s erva tion over a period of time? I believe it would be necess a r y to observe a ny type of neurosis or p s ychosis to d etermine whether it was present and to ,vha t degree. !lIR . GiiLICICH: You may cross-examine. Cross-Examin a tion by iJ~ r. Taliafe rro: Q, . A. Q,, A. q, . A. Q. . A. Docto r, when did y ou form an op inion that the wo rkman or claiman t here wa s s uffering f ro m trauma tic neurosis? When did I form tha t opinion? Yes, when did y ou form tha t o_p inion? I believe I form ea. th a t opinion after the man wa s examined in Denv e r. Not until a fte r he v1as e xami ned in Denver did you form that opin io n? Ye s, s ir. Did you form that o p i n ion, a s y ou h a ve stated, from the report s tha t were received fro m these specialists in Denver and Sa lt Lak e? The r eJ!orts woul d indic a te t hat the man d id not have a traumatic n eu ro sis. ~A. An d you fanned that opinion af ter you had read these reports? Yes, sir. Q. • So th a t you didn't f orm y our o pinion as to the physical and men ta 1 condition o f this c l a i!llant from what these o th.er sur6 eon s ha Ye said? I was able to se:para te the v,hea t from the chaff, so to speak, a nd from the highlights of their findings, these complete re_t->orts, I was able to sift down and correlate them, a.nd I formed my opinion from that source rather than from what the doctors' opinions were of the case. A. Q. A. You testified at one time that you arrived at that conclusion as to the condition of this workman from \'!hat the specialists had said about him, v1 ria t they reported? I did. • ~A. You arrived at it from what they said? Yes, sir. Q. Anct it was, then, that you read between the lines ana determined that some of the things that they said were chaff and other things that they said were wheat? Yes, sir. A.. �7 Q• A. Q,. A. Q,. A. Q.. A. Q,. A. ii. A. Q,. A, Q. And that is the way you have arrived at your presen t con~ clusion? Not entirely. It is also from taking into consideration my past dealings person al ly with the patient and my examinations of him on many occasions. But you h a ven't e xan1ined him since he returned from Denver a nd Salt L a ke, except to see him on the street'? According to my records, I don't believe I have examined him. I say, you h a ven't examined h im since ·you sent him to Denver-: He h a s been s ince tha t, yes. He went to Mayos' since then. Have you exam in ed him since he ,a ent to :Ma y os''? No, sir. Then '.'lhat is t he use o f b ringing i n th a t :Mayo business? askin g d irect que s tions. Yes, s ir. - Now, the fact of the ma tter is, Doc t o r, in September, 1933, you made a st a te~ ent, did you, over your own si gnature, with Doctor Lauzer a nd Doctor Sand ers, t ha t you vrere unable to tell that this man v,a s suffering fro m any physical or mental condition, an a recommend ed tha t he be sent to other specialists? I don't r emember my re po rt without seeing it. I '11 sho w it to you ( h a ndi ng paper to vli tness). See if you reco g nize t his. See if y ou recollect it. I hand you a copy of a letter, and see if you can identify that as being a letter tha t you wrote. The ori gin a l, of course, is in Denver. Yes, sir. A. You wrote that letter, did you? Yes, sir. Q,. And the date of it? A. Sep te~ber 11th, 1933. Q. You haven't examined this man since t1i.en, have you? I don 1 t believe I have. A, Q.• A. Q, A. I'm That is what you have testified to. I don't recall any. On September 11th, 1~33, you addressed a letter to Doctor Franklin G. Ebaugh, 4200 East 1finth Avenue, Denver, Colorado? Yes, sir. �8 A. .Now, before going further into th a t letter, I will ask you if you recollect joining in with Doctor Lauzer and Doctor San d ers in a letter to Mr. R. Y. Gibson on March 22nd, 1933. Yes, sir. Q• In that letter, you st a ted Q, • Iffi. GALI CI CH: If the Court p lease, if they a re g oing to quote from t h e letter, wby not of fer it in evidence? The letters a re t he b est evi d ence, and we would like to see the letters. lIR. T.ALI AFERilO : I ' 1 1 in trod uce them, if you wa nt me to, after t h ey a re i de n t i f i ed . I1ffi . GALICIC H: But y o u v:e re a sk i ng wh a t wa s in it. weren 't identify in g i t. I.ill . T.ALIAFERIW: MR. GALI CI CH: bly save ti !'n e. You Do y ou want t o se e it n o v/? '/e woul d li k e t o s ee it. 1 We c an po ss.i - MR . T.ALIAF:&-qRO: I t h in k we c a n s a ve time if you will let me cross-ex~~ine him a s to his reco llection of the records. ( .'/hereup on, a ap er was m&.rked for identification as Employer's Exhibit A) . ilR. TiU:..I AFERRO: I i.'1ould like this letter to be admitted in evidence, if Your Honor please. J.ffi . GALI CICH: Q,. No objection. In this letter o:f }.larch 22nd, 1 ~33, marked Employer's E.xhibi t A, the following appears -11 \Ve examined him very- carefully and could find no evidence of any permanent disability as a result of _the accident, unless his present mental state is the result of the injury to the head. This cannot be verified by x-ray or any other means at our command 11 • A. Q,. Ana that is si~ned by Lauzer, Sanders and Wanner. Now, what other mea~s, since this work.man was examined by these Denver surgeons, has been developed by which you could find out personally, yourself, about this? You hadn't examined him, you stated? No, sir. What I am getting at, Doctor, is what you read in the reports of these surgeons. That was the only other means you had , i sn ' t that true? �g A. No, th a t is not true, in my sense of the interpretation of it, a s to what other means I had. I rely upon my au tho:citi es in medicine, possibly like an a ttorney relies on his a uthorities in le gal matt e rs -- his books -- and my opinion has been mol d e d d uring tha t time by my past observation of this patient pl u s the reyorts which we h a ve received since. ~- Plus t h e - reports? Yes, s ir. A. Q,. A. In othe r words , y o u h a v e chang e d y our o vm opinion of the ma tter with o u t s.ny f ounda t io n wha tsoever as to examination, exce p t the repo r ts of t fl e se Denver sur g eons? Yes, sir. Q,. A. And tha t is the way tha t y o u have cha n g e d yo ur op inion? I have chan g ed my o p inion by a correlati on of my p a st examin a tion s with t he a ddi ti o n o f thes e o ther rep orts. Q.• But those past examin ations we r e to t he eff ect, a ccording to your letter, t ha t y o u h a d no me a n s a t your co mma nd. That is why we sen t h im do r-m t here . A. A. Tha t is v1ha t y ou say - - tha t y ou h ad no means? Tha t i s ri gh t . A. Tha t wa s true when y ou se n t t h i s l e tter, wasn't it? Yes, sir. Q,. q, . A. Th e fa ct of t h e mcl tter is, when you co me down to it, that you have si mp l y chan g ed y our thou ght si nee y ou examined t h is man? Yes, I have. A. An o. that cl:1ante has been mca.de without any examination of him at a ll? Yes, sir. q, . And that change is in violation of the opinion of these A. doc to rs, these Denver surgeon gr Yes, sir. Q,, Q,, A. Now, Doctor, you say that you wrote a letter to Doctor Fra!1klin G. Iirbaugh on September 11th, 1933? Yes, sir. li.B.. TALIAFERRO: I think I will put this letter in, too. MR. GALICICH: No objection. ( \Thereupon, the paper in question was marked for identification as Employer's Exhibit B). �10 Q,. A. '\:Vha t is your specialty as a phy si ci an and surgeon, Doctor'? I specialize in eye , ear, nose an d throat. Q,. A. Wh a t is a neurolo g ist'? A neurolo g ist is a ma n wbo de a ls \ ith the brain a nd nervous sy ste;21, princi pally . ~A. Are y ou a s pe ci a list in t hat? No, sir. Q. In this lette r marked Emp lo ye r's Exhibit B, you sta te -- A. I h a ve been a sked by Hr . T. S . Tal i a ferro, attorney of the co a l compan i es h e r-e , to co nta c t a neurolo g ist in Denver for t h e purpo s e o f arrang in g an examina tion f or an employee of one o f t hes e co mpan i e s 11 - a nd y ou g o on fu r t h er and name Doc t or Edv,1ard Delehan ty. You a sk ed him to con ta ct a n eu rolo g ist? Yes, sir. Q. . An d then y ou fu r t h er say - - A. " As re gar d s con sult a tio n I woul d l ike to sugg est that you call in another neu rolo g is t in ren de rin g your report, and any of the follo win g men would o e a ccep t a ble 11 - a.n u then you g ive t h e n am e of Doctor Edward Deleha nty. 1fow, you testified tha t you a re no t a neurolo gist? No, sir, I 2.m not. 11 A. Do you kno·w Villi) Do eta r Delehanty i ff? Yes, s i r. He is a neurolo g ist in Denver. ~- Is that his special line in the p rofession? Yes, si r . Q, . A. Q,, A. Q. A. Q, A. Q• Do you reco {:,nize him as ·o eing a competent, efficient and skillful neurolo g ist? Yes, sir, he is a very goou ma n. You got a re port from him, didn't you? Yes, sir. Did you come to your conclusion or your opinion -- this opinion that has been formed since the report was given by Doctor Delehanty -- from that report, did you come to your conclusion that this man, this workman, was suffering from an insane delusion? If I ·believed his re.l:Jort, I would think that the man was m~lingering in putting on all of tho s e symptoms. So you didn't come to your present conclusion as to this ma.n's mental condition from anything that Doctor Delehanty, A. who is a neurologist, has said? Ho, sir. �11 A. Their report to y ou was exactly o:ppo site, wasn't it?. It fla s that he . couldn't find any evidence of any mental trouble with him? I don't rec a ll the gist of his r epor t. Q, , A. Gener ally, wa sn't tha t his rep ort to you? Generally, his conclusions, a s I remember them, v,ere that the man was a maling·erer an d tha t he had nothing wrong with hi m an d tha t h e was pu t t ing on . Q,. A. Either mental or physical? Yes, ir . ~- Therefore , the conclusion that you made was contra ry to what Doctor Delehanty informed you? Yes, sir . A, Q. J.L Q. . A. ~A. So his report didn 't enter a t a l l into this co n cl u s ion of y ou r s , this ne w conclu sio n Ther e v.' ere many things i. his report v:hi ch el i minated and cleared up po in t s that were not clec1.r in our minds as to othe r ment al and physi c2.l asp ects of the c ase . Do you kno w Doctor Fr ed S . Ha lsted? Yes, s ir. ~'ha t is his specialty? I thin k he d oe.;; e ~r , nos e mi thro ~t . I d on't kn ov1 v1heth er he c. oes e e work or not, but I know he does ea r, nose and thro at . Q. , A. Did you g et a reJ_Jo1~t from him? I hove a co py of his report, yes , sir. I don't know v/he ther it WciS sent to me 01· not, but I think I have a CO lJY here. Yes, I have a c opy of Doctor Halsted's re~ort here. ~A. Did you form this later concl u sio n of your-s from anything that he sai cl in his re.Qo rt to you? Not any more th..n I did from Docto1· Delehanty's report. GJ. i..nci. his r e_por t wa s agcJ.i ns t the f incii ng of any mental tro1.:."bl e A. I Q,, The fa ct of the ma.tter is, Doctor, thct you dic..n't pay much attention to what these doctors in Denver that you had referred this man to said, did you? The fact of the matter is I :paid -considerable attention to v1ha t they said. ,A. Q,. A. with this workman, vmsn' t it, as he reported it to you? c&nnot &1.n swer that without re ao in 6 his reliort over· . I cannot rernembe1· a ll that he said. in the reJ:)or·t. You vrnren' t guided by them in any \1.ay, v,ere you? In ma.kine:, a diagnosis, I make it by a. pr-ocess of elimination, and by readin 5 the reports I ·was able to eliminc:.te cert~in :fi:'.actors,, vjhich I appreci~ted ano valued their reyo:cts for. -- �12 A. ; . So y ou h av e c o1 e t o t his con cl u sion, not fro m subse quent exarniuation of t his wo r kma n , but from a nalyzin g the ref'Orts tha t these doctors ma de? Not entirel y . As I st te d before, it was fro m my correlation a n d my previo u fin d in b s in this c a se, plu s the s e reports. .do w , o n t he 11th day o f September, 1 ;;13 ::, , y ou st a ted to Doc- tor Ebe.u gh -t ha.s been my opin i o n from t h e very sta rt that the patient ha s mal i n~er ed , especially a s to loss of vision, a nd I am i n so me do u· t 2-. s to hi s los s o f hea ri n . : . This has a l so bee n t he o pinio n o :i.. other men ;;·1h o have examined him". 1 ' 1 A, Thu t was y ou r Ye s , s ir. though t in Sep t ember , l'd3 3, wasn't it? A. Who i s Docto r Eba ugh? Doctor Ebau gh i s conside r ed a ver r h i 5 h - cl as s man in his p rofe esio n a s a neurolog i st . Q, . A. In wl at? In neu rology. Q, . 0 . That i s , in menta l Qiso rders or n e rvous disord e rs? sir. J. . Yes, G. He is considered Yes, s i r . f... . Q,. ... . Q, . A. Q, , A, Q,. A. &. v e r y high - cl ass man ? And that is not y our sp ecialty? No, sir . And, no tv:i ths t anui ng t h e sta tements of Doctor Ebaugh m&.u e tc you, a.nd the statements that Doctor Delehanty made to you, wbom you reco mrnend as being high-class men in that line -- you <io, do you n·o t? I do. (Continuin€a.) -- you formed, since you saw their re:po1·ts, a. different opinion? Yes, sir. And you formed that opinion from their reports and not from an exami nation of thi s wo rkma.n? I didn't say that. ~A, But you said you hadn't exrunined him since? I said my present opinion is formed from my past frequent exciminations of the man, plus these re:f)orts. ~A. So you had no such past oyinion on Se~temner 11th, 1~63? My opinion before th&.t was that the man was malingering. I am frank in so stating that I thought the man was a ma- �13 A. Theref ore, y our opinion since that time, or your present o pinion, is ai)p a rently f ormed in the face of the reyor·ts of these sp ecialists that you ~eferred this man to? Not en ti rely. From what , i f you h aven't ex amined him? i\{y op inio n has been forme d by the study of case re1,1orts and. re a.ding o f au tho ri t i es on similar cases , ana it is my o p inion t ha t there i8 n o methoci of ex ami na tion that can demonstrate any s u bj e ctive evi ci ence o f in jury in this man . VThy di d y ou sen a t ]:,. .is workman , a t your request mad e to me -,·;by did y ou send him to Denver to b e examine d by these doc- A. QV . A. Qu . A. tors. In order to c l e a r the c a se up , if :po ssibl e. You at that time h d n o o _ inion of t h e ma tter , and y ou weren't an exllert in tha t ma t ter? biy op inion wa s tha t t he man vm s a maling er e r . Vlha t b a s oc curred s i nee t hen t o change that opinion? I \'li 11 repeat wha t ha s occurre d . I ma k e my d ic.1.~no sis by a proces s of e li mi n a tion . I h a ve ak en into con s i a. era tion my past examin at ions of the man , a nd my t h o u 5 hts a nd op inions a t that ti me, and the r e11 orts tha t were furnished by the Sc::.lt Lake docto rs a nd the Denver d octor s a.n d th e Mayo Clinic, and. my re adin g o f medic a l b oo ks , books o f au thorit;y, on s i milar cases, and. tha.t h a s mol ded my pr esent op inion. .ti. . That has mo ld ed y o ur present op inion? Yes, s ir . Q,. J._. .Anci i t has cr...a.ng ed s ince Se1>.temoer , l (J33? Yes, sir. Q, . A, And you are not an exJ:)ert upon mental a nd nervo u s diseases? Jfo, sir. Q. Will you give me the doctor books that you h a ve read, that you have referred. to that you have read, upon this matter of ment2.l disorders, since the 11th day of September, l'i:133? I don't sup11ose I could quote all of them to you. V A. Q,. I asked you for the names of the books. I say, I don't sup:i;io a e I coulu quote all of them, but I hcve read \'/ebster' s Legal I.'Iedicine ano To.xi cology and Warbasse on Surgery. Q,. Did they deal especially with traumatic neurosis? That is the su-bject I wa s interested in. ...... " AQ.• A. dian't ask you that. especially. Yes, sir. I I asked you, a.id they deal with it �14 A. You re 2.d them. Don• t you know whether t h ey cieal t with this or not? They did n ' t deal \\T ith this case, but they dealt with similar cases. Q,. A. Did they de a l with thitJ question? Yes, s ir. Q, . 'Iha. t is t wo a uthorities? Yes, s ir. Q,. A. Q,. ,A. 'When did y ou re ad th em, Doctor? Oh, I re a d them, one of them, wit hin t h e l a st week , bec a use I thought -- Q. To get re a dy to testify in t h is c a se? I thought I would b e c a lled upon t o give a n op i n ion. Q. • Then your op inio n fr om t h e s e books hc:.. s b een mad e 1:ri thin the last week? ~To, sir. i. A. Q,. A. Mo w, r eu.cii nt:,; the s e t viO boo k s has inf l u en c;ed your op inion in this c&se, isn't t ha t true? .No, sir. They dici enlarg e my vie\".ipoint or- refreshed my memory, b ec a use I t h ouk,h I i:;ou l d be c a lled u yon to testify to v. ba t I thought trauma tic neu rosis was. 1 q, . A. q, . A. You s ay you a re not & n expert i n t ha t? No, sir, I Elli not. But y ou a re a specialist in eye, e a r, nose and throat? Yes, sir. c,i . That is wha.t you have studied, isn't it, :Doctor'? A. I h &.ve studied general medicine and surger>j. I serve on a lun e. cy commission, although I am not at a ll an e.x:pert on insanity, and do not pretend to be. ~- A Jucige of a court serves on a lunacy commission, doesn't he? Yes, sir. But I am not testifying here as an expert in this case as to mental conditions. A. Q,. A. Then what you have said here is not as an e.x_pert? Absolutely no. MR. TALI.AFElIBO: That i~ all, Doctor. �15 Redirect-e. amination by I\ii: r. Galicich: Q, A. Is that your o pin ion as a doctor of medicine? It is. MR. GJJ..I CI CH: Th at is all. ( Whereupo n , the ,·1i tne ss wa s excused) . -o - �16 E. S. LAUZER a witne ss called herein on b eh a lf of the claimant, bein g first duly sv1orn a ccordin g to law , on his o a th testified a s follows: Direct-examin a tion by Mr. Galicich: Q. • State your name , p l eas e. A. E . S. Lauzer. Q, . A. /here do you res i de? Ro ck Springs . Q, . A. V/hat is y ou1' 11rof ess i on? Phy sici an and surgeon. Q,, A. How lon g have you been a physi cian a nd su r g eon? Si n c e 19 0 5 . Q. At what p l &ce? A. Ro ck Springs. Q, . A. Were you in WyominiS a l l of tha t time? All of that time. Q, . A, You ar e a g r ad uate of what sc bo ol? University of Nebr a ska. Q, . .A . Do you know t h e injured ·workman, Wa si 1 LevkuliL:h? I do. Q, , Were y ou ever cc:1lled upon to tre a t him in your professional c a };Ja ci ty? Yes, s ir. .A . Q. A. Q,. A. I will ask y ou to sta te whether or not you were called upon to treat him in your professional c a:pa ci ty during the month of October, 1931. Yes, sir. On what date? October 16th. Q,. A. '!n.1ere did you firs·t see the workman? I sa;w him first at the hospital. Doctor Sand.ers went first to the mine and picked him uy and brought him to the hospital. Q,, A. You say he was injured in the mine? Yes, sir, the Lion coal mine. ~A, Did you see him the same day that he was injured? Yes, sir, I saw him after he entered the hospite.l. �17 Q., A. State to the Court what you found in your examination of the workman. At that time I found he ha d a sli ght l a c e ration on the right side of the h ead, some what ov e r the right temple, and he was bleeding a little from the ri ght e a r. He was in a slight stup or ana a state of shock at the time. A, Was he consciou., or unco n scious when you saw him? He was semi-consciou8, Q, A. Ho w lon g d io he s t ay in t h at semi-conscious condition? About t wo d ay s. ~- Was he your p atie nt? He wa s treated b y me, y e s , sir. Q., A, And by whom else? Doctor Sanders. Q, , A. Doctor Sanders is y o u r a ssociate? Yes, sir. Q,. A. ~l - How lon g did you tr e at this ma n? tree.ted him right alon g . I h ~v e tre a ted him until the present time. A, I Q, . A, ·when did you last ex amine him? The day before yesterday he \"la s at the office. Q, , Did ~.1.r. Levkulich suffer a ny d i sa.bili ty, any physical or objective disability, as a result of that accident, and for how long? He v1as -- you mean ho v: long has he been di sabled? A. Q, . A, ~A, Q,, A, Yes, hovi long ·as he di sabled, that you could show and see his di s-.bi li ty? He left the hospital on the 24.th day of October of the same year, 10~1, but at that time I didn't fi~ure he was abie to work, and it has been going on up to the present. We hever have been able to decide -- that is, at least, I haven't whether he has any physical di sabi li ty now or not. In your examination of the worlrnan the day before yesterday, did you f inci any disability whatever, either physical or mental? The only thing I could decicie anywhere near was that he had some kind of a mental depression, but what it was, I could not sey, but as far as any physical defects, I couldn't find any. When dia. you first discover this· mental disability? Oh, it was sometime after he went home, but I don't know how long afterwards. �18 Q. . A. A, Q, . A. Do y ou h a ve a ny i d ea a s to the approxima.te time? No. I . t h in k - - that is, he wasn 't entirely -- well, I just couldn't say, but some time af ter he wen t home, because he was sort of depressed while he was a t the hos p it al, a nd then vve t h ought vi e would 1 et him g o home a nd it would probabl y cle a r up a little ·better , but it appar en tly didn't and it is stil l there . Would you say this mental con d.i tion is the result of the injury t hat he susta ined in October, 1931? No, I v:oul o.n ' t, b ecc.use I can't prove it. I don t know. What i s y our opinion in the matter;' have alway s f el t th at there mus t be some conn ectio n between hi_smental con dition now a nd th e acci den t, but I n e ver could _p oint out any thin g tbat I could ab solutely st and o_n by a n y method of exa.rnin&.tion. My o ,inion i s that I Do you mean physically? 1?hysi c ally or any other w y . Q, . A. Q. . What is the extent of this man's dep ression o r mental disability? Does i t inc&pac i tate him p a rti a lly or totally'? It appa rently is t o tal . At least , he feels t hat way . Would you say that his ment&l con di tion is :permane nt or merely t em Jora ry'? I do n 't know. It has been goinG on so lon g , I don't know rhether it is permal'len t or wh ether it is something that s til l m&y be cle ar ed up . Do y o u know hov. he su s t a i ned h i s injury? A timber hi t hi m on the he 2.d . Q, . A. The excilllination s.b.ow e d t-l1C4t he was struck by a heavy object? Yes. Iffi . GALICICH: You may cross-ex amine. Cross-ex&~ination by Mr. Ta li a ferro: Q, A. '{ , A. Q,, A. q,. Doctor, all you kno w ariout any mental 0isorder th a t he h~s is V!l'.Jit he says himself? Thfat is all. Tha t is all, but we can't prove it. And you don't knov1 v1hether what he J;3ays if feigned or fraudulent or whether it is true'? No, I don 1 t . I don't know. And y our conclusion wa s entirely drawn from what he tell 8 you? Yes, sir. Are you an expert, Doctor? Is that your specialty -- in men ta.l 2,nd nervous diseases? �19 A. No, sir. Q, • You concurr e d with Doctor ~a nner that this man should be . sent to sp eciali s ts on nervou s diseases? Yes, s ir, bec ause we felt we were not ab le to mak e a neurological exam i na tion. ('\ I,' You coul <in 1 t fi n6. any evid ence o f mental dise a se except wh a t h e tol d y ou? Tha t is a l l . Q. Do y e u kn ow Doctor Eo.v1&rd De lehan t y? Yes, s i r . Q, . A. ':lb.a t i s his r epu t ati o n a s a ment al s ur eo i a nd :physician? He is one o f the hi 6 hes t cl ass men in th&t lin~ in this west ern country. Q, . Would r..i s op i nion hav e i nfluen c e v i th you a.s a physician a nd sur g eon on a me ntal matte r? Yes, sir, it would . I wo u ld s · y it , ould . " A. A. Do you kno, Doctor Ha lsted? No, I don't. I h ve hear d o f h i m, b u t I don't kno¼ him. Q. . A. Do you kno w o f h is r evuta ti o n? I have hea r d of him by reput &tion, yes . A" . ':lha t i s i t ? He i s a nose and t hroat sp eciali s t, a s I rec a ll it. Q, . '!mat ie his re_pu t&tion in th a.t fie l d? It i a good. A. You don't know him personally? lif o , I Q. . A. do n ' t. But you do know Doctor Delehanty? Ye s , sir. Do you know Doctor F. B. S te~henson? lfo , I don ' t. Q,. A. Q,. b.. Do you knO\'i anythin€, about his reputation? I can't say that I do. Do you know Doctor Ebaugh? I don't know him per son ally, but I know him by repu ta tio 11, and I hc.ve had corres}londence with him. What is his specialty? He is a neurologist and psychiatrist. That is, mental and nervous disorders? Yes, sir. �20 Q, , A. '?Jhc..t is his reputation? Very high-class. :i,. .'/oul d y ou 'oe influenced in formin g a n o pini on by v.'ha t he s a i d? Yes , I would. .A . In a men t"'"l c ase? sir. Ye~. Do y ou kno 1,• Do ctor Y:: erby of S& l t L a ke City? -Ye s , ... i r . A. Q, . A. A. \','hat is h is r y ec·a1t? x - ra;y· . ·:rh a t i E> h i s r e1rn ta ti on ? I s he s J.r...i 1 f u 1 i n tha t ? Yes, s i r , first - clQss . In the ex a.mincttion o f a n x -r a , woul d you be g ui d ed in a n y ·way b y his stu temen ts? Yes, I wou l d b e incli ned to ~ cc~ t his d i agnosis. Do you knoD Docto r ~d~in ~ . son l eh e r? Yes . 1:lh a t is h is speci a l ty? Sye , e ~r, nose and tl1r o a t . Do you know him ~e rso~ally? Yes. Q, , i-. . Q. i .• :lh2:.:t is his st /;(nd i t1 0 as a syecial ist in t hat regard? High-el a ss . 1 V/oula yo u be g ui ded a 6 ood aeal oy wha t he said? Yes, I v;o uld, in tl-.1.&.t line·. A, I mec;.n , in thc2 t special branch of medicine and surge ry? Yes, I v10uld. ~A, Do you kno ~ Doctor Foster J. Cur tis? Yes. Q, . A. Of Salt Lake City? Yes. 1, , A, What i s hi s SJ:) ec i a l ty? He is a neurologist. Q, , Q, ~ ental a nd nervous diseases? i-... Yes. Q, 1... . Do you know him personally? Yes, s ir. �21 Q, . A. Q, . r. .n.. 'i \That is h i o r epute. tion d i s eases? Ve r y h i gh- class . c..l S a sJ:)eci al i s t i n me ntal a nd nervo u s Wh at woul d y ou think of a r e .J:)o rt made by him? Woul d y ou be influe nc ed by it? Yes , I would . I v1ould g, ive it dee) consi d e ra t i on, a t le a st. You t hink t~-iey &re wo rthy of consideration? Yes , ~ir . MR . TALI 1J!'11 0: Th· t ' s a ll . by l'l r . Galicich : Q, . A. Goin g b a c k t o the wor l<wan , ".'/ asil Levkul i ch, Doctor, i n your opinion , woul y ou s2.y t h i s man is a ma lingerer o r t ha t he is ac t ually suffering from 2. men · al d isorder-? I n e ve r felt , a s I ta te d before, tha t he wa s a mal i ng erer , en tirely . There uere some thin ss th&t h e exag ge r a t ed -no question c1 bout it - - "t:, u t hoY: much, I coul<.ln' t decid e. You wo u l dn 't s y he is tot a lly mali ngering? No , I v,o uldn ' t . <t • A. Do you feel there i s a ment a l a i ab i l i ty in • ddi tion to ma.li n 5 er i ng? Yes , I do . Co u l ci. you esti mat e that , o r in any way give the Court some i o. ea &s to how much y ou th i nk is pu t o n a nd h o w mu ch is a ct ually man t a l st a t e? I wouldn 't eveu a tt er.ro t to , becaus e it can' t be clon e . \l e c- n ' t ~ne .SJ.re i t. 'l'h~ t i s t he r ea son we s ent hi m t h e last tirne to the s!lay o Clinic, and t hey cou lc.n' t do it. THE CODI T: Is tha t lJay o Clini.c report _in the file here ': rl H. TALIAFERRO: lfo, sir, I don't think so, but I wo u l d n't object to i t bein g pu t in. !iR . GALICICH: Yes, that is agreeable vii th us. ( Whereup on, t wo p ap ers v,ere uw.rked for identification as Employer's Exhibit C a nti Employer's Report D) . Ex amination by the Court:Q, . .b. . !,'/ ha t is your interpretation of tha t report, Doctor? Tha t there is some rel a tion shi11 - - they feel the same a s we have ex~ressed here -- that there is some relationship bet ween the injury and. his menta l & tti tude, but 'H!lli t it is, vi e can ' t subst&ntiate, and there is no way oi' proving it. �22 H. ecro ss-exam in a tion by 15: r. Taliaferro: Q~ . A. Cal ling y our atten tion to th e l n st y a rag raph here -- "The presump tion is tha t injury induces structural c..: h an ge s of a sufficient a e g:ree to alter our subj ective processes" that simply 11ean s that there is presump tion? -Yes. A, (Continuing reaclin3) -- 11 but we are not in a position to find. physical e i gns to co r res1-1on d with them". Exactly, and tha t v1a s our thought -- we co u l d n't find it. Q. . A. Was t ha t y o ur t h ou 6 h t ? Yes, s ir·. Q. , 1:R . ThLI AF?JRRO : Tha t is a ll, Doc t or, so f a r a s I am concerne d . Examin2- t io11 by t he Court : Q, J.. . Doctor, a re y ou a c quainted :, i th these trauma tic neurosis ca s es? Do y o u us ually find :physic al :::yrnp to ms to explain the menta l con di tio n or n o t? "hi s trauma tic neurosis i s a co mp a r a t ively recen t disease, an<.i it is r a ther in d efin i te . That is, y ou may h ave an injury to a l eg , an d you have a p ecu li a r lot of symptoms tl1ere and yo u c an 't acc ount for t h em in a ny other way, but be c ause y ou hav e an inj u r it wo u l d be p rob a bly classed as a traumatic netu·osis. I n t hi s c as e, the injury is to the head, and these pe culi ar conditions have come on. I kne w this man before, and, of course, he \'las a little below normal intelligence t h en, but since then this has been agg ravated, but ~hethe r it i s the a cciden t or something else, we don·t know. 1 J.... 0. You ·.tone time thought he wa.s a malingerer, didn t you? :Not en tirely, no. I knew some of it wa s, but I never thought he was entirely a maling erer all the time. Q,, You still think that part of it wa s malingering? Yes, sir, I think part of it. A. Q. A. You think he is putting it on? Some of it, yes. Q,, A. But you don 1 t know how much? lfo, sir. \Ve can't differentiate. THE COURT: That's all. Recross-examination by Mr. Tali~ferro: Q.. Doctor, in Doctor Delehcmty' s cross-examination in this c a se, on Interrogatory No. 4, which is as follov,s: �23 A. "Stc..te a nd ex plain v1hat is me ant by tra uma tic neurosi s 11 and, in a nswer to tha t, Doctor Delehanty says this "'Tr a ume1.tic ne u rosis' is a term a pplied to a train of mental o:r nervou s s ymp toms whi ch develop following a n accident and which a r e c ause d b y other influences than trauma". Yes, that is tru e. Q,, A. It may be cause d by oth er thin g s except the blow? Yes, it may b e c aused by o th er thin g s. Q,, Arthu r L ee s u gests t h i que st i o n, Doctor -- May not neurosis d evelo p fro m a malin g eri ng a nd apart fro m a ny a cci- A. oen t? Tb a t i s po ss i bl e , ye s. A. In other words, a :person c an thi nk o f h i mself h avin g a di ·sea s e and beli ev e h e ha s a di se as e , h e n t here is no a isease? Yes, t i.la t is pos s ibl e. Q,. A. You h eard Doctor "lanne r's te stimony? Yes , d r , I di d . Q, • A. You 1 i st en e d to i t ? Yes, I di d . Q, . And he s a id in his testi mo ny tha t a p er s on who is a ma.lingerer a nd ,•;ho h a s thought a bout his cona i tion an d who has ma de himself nervo u s in s uch a way a s to a ffect his mind may cle a r u p when it is d efinitely detenni ned that he is to get comp ensation or that it is definitely asserted that he · is not to 5 et compensation. Did you catch that? Yes. Q,. A. ~. A. C'1, . A. In other ~ ords, either one way or the other, the matter mi ght clear up? Yes. 'l'ha t would be the man's o wn thought, v10uldn 1 t it, ra.ther than from the trauma? Yes, it appea.rs that v1ay. mR. TALIAFERRO: That's all. Hectirect-examination by Mr. Galicich: A. Now, in this p&.r·ticular case, Doctor, you are well acquainted with the m&tter as it proceeded in the courts, are you not', That is, you remember when the case was originally set for hearing in 1~33? Yes . A. Yes. Q.• .And then the man was sent to the doctors in Denver? �24 Q,, A. ~- A. Q,, A. ~A. And after the reports caxue back, the matter was dropped, so far as the man's claim wa s concerned? Yes, sir. And after the cas e was d ropp ed, did you notice any change in this man 1 s condition? No, I didn't. In other words , ther e wa s no change in his con dition &fter t h e c ase was dro p ped? No, it didn' t s ee,u to ma ke a ny d iffer en ce either one way or the oth e r. Now, Doctor, going back ta the questio n ·that Arthur Lee sugg este d , y ou s a i th a t a man could suffer from traumatic n euro sis eve 1 thou h the re wa s n o injury? No, I didn't s '""y II tr auma tic neuro si s 11 • It wo u l - be just a neuro sis. A. That is a di ff er en t ty.9 e of n eur o sis? Yes, t ha t is a little d i ff eren . . t yp e . Q, . A, That i s ca l 1 ed w:b..a t '? Psycho-neurosis. Q, . l'.ff . GALI CICH: Th a t 's all. ( .'/hereu pon, t he v i tness was excused) . -o- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Compensation Claim Lion Coal Corporation 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Compensation Claim, Lion Coal Corporation, 1935 Description An account of the resource Documentation of the compensation claim form one of Lion Coal Company's employees. Documents are held together by a brass pin and stored in an orange folder. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Jay G. Wanner, I.N. Bayless, T.S. Taliaferro Jr. Identifier An unambiguous reference to the resource within a given context 1-0243 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/1578c6ad6185377f341bc4070b0c7927.pdf 5bd4bcb3d54563c78102435d901b7c66 PDF Text Text c m.:1J?E:NSATI01'T CLAI M WASIL LE VKULIOH El.J?LOYE OF LION COAL CORPORATION Tran s~r ipt of Testi mony b y Jay Go ·wanner ~ MoDo I' J ., . �October 24 9 1935 Mro To SoTaliaferro, Jro, At torney Rock Springs, Wyoming Dear Mro Taliaferro: I am returning herewith transcri p t of evidence given by Dro Wanner in the case of Viasi}.__ , Levkulich~ e,n employe of the .~ion "C.oa:J_ C_om:p_anyo I found this _ testimony very interesting and have had a copy made• for our fileso very much for passing it to meo Thank you This shows the tredn of what some people are trying to do and which will probably get worse before getting bettero Yours truly, ·~' ____ , if! i l,'i ~A\fl~S~~ �\ !J ··• 11,. LaJT... O::lO 1oiJ10i ,,• ..'r ~ Taliui'e1·1·0' r lott :..- ·> ~o-'u!)cr -1:i: tll •;;; 10 toatit.10Lf -::of rrcd to. • �/ C O P Y TEE UNI ON PA~IFIC COAL COMPANY Rock Spring s, Wyoming October 10, 193 5 Jffice of • Attorney kr. Georg e E o P r yde, Vice President and Gene ral :Manag er, The Union Paci f i c Coal Company, Rock Spri ng si, ~yomi ngo Dear Sir: I hand y ou herewith the testimony of t vrn of our l ocal Doctors taken in a case at Green Ri ver on the 2nd day of Oc t ober, 1935, wherein Pal y') t he County Attorney and others claime d an em:9loyee of t h e Lion Coal Company wa s permane n tly, to t ally disabled fro m insanityo This ca s e involved s ometh ing around, I think, $ 8 ,00 0 oOO . This case will be of interest to you, becau se I think The Union Pacific Coal Company has one or t i.:70 simil a r caseso I vvan t you t .o read t he testimony g iven by Dro Janner, which i l lustrates the jeopardy we are in at a l l timeso I find out that I make a mista ke in a former case, wh ich mistake I avoided in this case, and I also avoided it in the Union Pacific case of Eugene Griglione. I think I told you the many letters an d messag es that I sent to General At torney Loomis. I had this transcription made especially for the benefit of 1:r o Bayless, a,nd I ask you to turn it over to him when you have read Dro '7anner' s testimonyo On second thought, I think it would be well for y ou also to get a good picture of how easy it is to get one Doctor in ten or fifteen t6give testimony, which will s upport almost any outrageous claimo If Dr. •:!anner ha d examined this -.;.rorkruan con s tantly fr om the ti me that he went to the Denver s pecialists, t h e Lion C~)al Company would have lost the case. It may be expensivei, and this case was ex:9 ensive for the Lion Coal Cortr::iany , bu t we must send our patients to the specialists near the ti~-e of trial a,nd after local Doctors have committed themselves. This case vJas ex1Jensi ve for me, the time that I put in on the case "b eing ,.-rn rth a g ood deal more than the Lion Coal Company will pay •:·e f er t"IT7 o ,r ears o Kindly treat this letter e,s confidential between you and Er. Bayle ss o Yours truly, {SGD) TST:kb T. s. TALIAFERRO, JR. �Th e S t a te of ·,f!yoming ) County o f Sw ee t wa ter ss. I N THJE DISTRI CT COURT In t l e 11 a tter of the Claim -ofemp lo y ee of t h e L ion Coal Co m~an y, r:1ad.e und er the Workme n ' s Com_pe 1sation La\'i . ',7A3IL L :J!1lKULI CII, No. 8215. Excerots Tr a,1scri-ot of 1?roceedings -o- Gr ee n Hi v er, '.'i yoming, Octo b e r 2nd, 1935. I • �J. G. WANlTER a r1i tne ss ca lled herein on beha.lf of the claima nt·, being firs t d ul y sy.rorn according to law, on his o ath testified as foll ovrn : / / Direc -- excunination by Mr. Galicich: Q,. b.. S t ate your name, please. J. G. ·:fanner. Q, . A. 7here do you reside? Ro_ck S rings , Wy oming . f"\ What is your business or p rofession? P hy s ic ian and surgeon . \:)J • .A. Q, • A. Ho vv l o n g have you been a physicia n and surgeon? About seven teen years. A. 0J . Ho w long in ':iyoming? Fifteen yea.rs. Q.. A. You are of the regular school of medicine? Ye s , sir. Q,. Do you know the injured v.iorkman, \Va sil ·Levkuli ch? Yes, sir. A. Q. . A. Have you ever attended or exwnined the man in your profess ional capacity? Yes, I have exarnin ed him several times. A. When did you first examine him? I examined hi m first -- I couldn't te.11 you the exact date, but it Y1as in the hospital shortly after his injury. Q, J,.. Do you know v:here he wa.s injured? Do you :mean the p l ace':' Q, . ii . Yes . I uno.erstood he was injured in one of the mines in which he m:-:s employ e d, while at his duties. r"t . Coulo. you tell us the month a.nu the year of that first e.x/::l.Illi- A. I don I t oelieve I ords . Q· Do you have them with you? I d on't h&v e the records o f the fi 1·st exmnin ation, but I have z ome records of the reports ma de since that time. Q, • h . n""- tio n? coulc.. wi tr.i0ut referring to my office rec- THE COURT: He was injured, Doctor, accord.ing to the report of the employee, on the 16th of October, 1931. �2 ,' Ji.. (Contin u ing) I sa,w him ap:p roxi ma tely pos sibly on t he 18th or 1g t .n of t h a t same mon tt. You n aae en examination of him a t that time? Yet=, I e xamined him. I examine d on e o f his ears , on t he injur ed si e , b ec ause he had been h~v i ng some bleeding , and Docto r Sanaers called me in to see him . I believ e he was su p.f)o se d to have been dizzy . Vi e 1Jer e tryin g to locate t h e sour ce of his injury at that time. I a lso examined s ome x - ray picti;,re.:: of h i m . . Q, , A. l o ,u , will y ou p le a se st a te to the Court what y ou found as a result 01 that examination~ At that examin a tion, the e ar drum had evidentl y bee n ru p ture d , and there wa s s ome b loody seru m showin g over tha t site a.t that exciJ11ination. The x -ray p ictures -- I ,.1asn 't able to see in them any defi nite f racture tha t rnuld in d icate a sku ll fr a cture. The man wa s we ak and appeared d iz zy v,h en he sto o c"; up, and no further examin •• tion wa s m&de by me at th a t time. He ~a s sent in l ater to me f or a check- u p of his he a ring and vision. Q, . i;)hen wa s that? A. That w& s probably abou t a month aft er the time he was in the ho s:pi tal. Q, . Nh a t did you find at that time? At th& t time the man complained of lo wered vision -- very i,oor vision -- and he had many other symptoms of dizziness ~nd pain in 11is he ad . He compla ine d of not being a·ble to hear on the one side. Fi.y examin a tion a t that ti :ne did not disc lose very much to a ccou:1t for all o f those symptoms. I e:x ~n i .E: c'i h im re1Je::.tedly, I ·would say many times, after t lat . .:3om e of those ex a:nin&tions were not mad e as a matter of record , but they i'Jere made as casual office examin a tions, 2na the:1 I made an exa~ni::iution or t v.ro after that, v1hen I be l ieve thG co a l company sent him, or through Doctors Lauzer ano. 3E,i1 ;:,i e:rs , e. n d then I made re gular reiJorts of those examinati ons . BL,t his symp to ms ci.uring those :i;,eriods never seewed to do v eta il ·.v ith the physical findin gs . \1.he 1 d i d you 1 .::- st examine thl s man? 1•':&;.) (' . ( J.-,. . I ref er to my records here? Yf:: :a . I ce..!mo t tell you the exact date, but it was in Se_t> tember of l 'i i33 , according to my last records, before he was sent to Denv er. '.'/.hect d. ia you find at that time? I was unab le to find any }:)hysical ev1aence to support the man's symp to 111 s at any time. I considered that either the man '-.vas malinc;erin 6 or that he had some symptoms or some �3 objec tive signs which I could not c orrel ate with t h e things he com_p l a i ne · of . I sugge sted to someone -- I don' t lcnow w:;.1e t ..,-1.~r i t was the Cour t or vho it ·:rn s - - a t that ti :ne t ha t the man be sen t f or a comp lete neurolo g ic al &.nd serolo ::,•ic a l ex ai'.'.1i nat ion, a nd sel ected three o r four men in Denver to do this \':ho h a ' no t p reviously ex o::1.1nine d the man. s I recall , he haa been e..-xami n e d in Sa lt Lak e a nd had been pronounc ed a m--: ~erer , but , to give t h e men the be1efit o f th e doubt , ·.:ie se -ecte d two ou tstand i ng men in Denv e r. But ou a s:!. ed me \7 11£:tt I found . The man always c omp l a ined that he could no t see. ~·11at ::& s his main comp l aint . He also co tnp l c,.i ne d that h e nas 'izzy, l..nd he h·d p ains in his head , and he could not he a !' ,"l i th one ear. I n my tests of h is vision , I wa s never aole at a ny time to g et him to co-o p erate s uff icientl y to f i nd out whe t::c1er he could s ee 01· not . He i::oul r efus e to re ;tcl a n r k in d o f a chart. '.' lhether t h e chart be he ld up t i,7.::m t y feet from him o r whether it -,,,a s he ld up in fro nt of his f2.c e, he s a id he coul dn 't see any t h in g , a ltho ugh he wa s ab le to g et aroun d f a i r l y s a tisf a cto r ily. 1 Q. Did you ever see hirn a fter that examina. tio n i n 1933? I 'TI sorry, but I cion 't have my office r ecords v, i th me , and I d on't kno w whether I did or not . At least , I don' t believe I made a ny reports on him after tha t ti me . Q,. Did you ev er see him when he was no t a t your o ff ice -- that is, see him c asually? I bel iev e I h&ve seen him on the s tr ee t, yes . i. A. A. Hov, , I v1ill ask y ou to state, f r om your examination of the viO rkmo.n - - ci.id you find any perman ent phy sical disability, o r did you find any - (Inter1)0sing) I would like to have tha t question put a litt l e differen tly, if possible, so tba t I may an s wer it more intelligentl.f . Do you mean , d id I fin d any objective signs, signs that I could see, of physical di sabi li ty? Q. Y~s, objective sympto"!ls. ·:,e spe :?..k of objective si gn s as something we can see, a nd subj ective as som.ethin 6 that the p a tient feels. 1 have n eve:r b een able to find any o ·bjective signs at all to account for his a lle ged trouble or symptoms. A. l'T ov·1 , in your opinion, do you believe that there are subjective sympto:11s or that there is somethine,; wrong with the man mentall y? Yes, I have formed a definite 01)inion in that regard throu gh this period of time in which I had observed him and in readin 6 the reports of the specialists wr10 have examined him, o.nd I have formed a definite opinion as to what I think his trouble is. "I/hat is that opinion? IJy opinion is that he has a condition known as po st- traumatic .., , . _ _ _- - - - - - , , . - - - , - - - - , - - - - - - - - - - - - - - - - - - -- - - - - -~--------__,__- - ,, �4 neuro si s , or psy chosis. I believe the ma n b elieves in h is o' m mind that these thin gs a re wron g with him . At fir st I wa s incli ned to believe, like the othe r men , t ha t the man •:JE. S n out- an d-out mal in 0 erer, but I am co nvi nc e d now t h at he i s not . I believe , if you wan t to s o call it, that it is a illild form o f insanity. Q, . A. I n y our op inion, is this mental con ciiti on due to t h e injurie s which he sustain ed in October , 1~31? In 1:1y p e rsonal OJ:)inio n, it coul d be possi ble . lL. . '1'.ALIAFERRO: I object to the an swer and move that i t be stricken out. He asked h i m, i n his opi nio n , di d h e consi d e r his mBn tal con dit ion no w the result o f the a ccident, and now he says, "In my p ersonal o vinion , I think i t mi~ht b e possible". That is si mply a gue ss. S '.J er THE COURT: i t . l1aybe that is a s definitely a s he c a n a n - TH1TI 'i/IT.NESS : I mi bht qu a lify . that, if the Cour t wishes , on this ba sis -- that t h ese c a ses a re compara tively rare , and much of our o p inion is f o rm ed on t h e _ a st r ecord of si mil a r c ases t h a t we h a ve read abou t or ha ve see n come up before other courts of a simi l <-<-r na ture. i.i:y findings are based princi pally upon t h e interpretation o f the reports of tlle other special_ists who have examined this man. MR. T..ALIAFERm: I o bj ect to his basing his opinion upon rep o r t s of other sp ecialists t hat have ex amined him. This is not a hypothetical question. THE COURT: I think I wil l let the answer stand. Does this ~e st-traumatic neurosis aisable this man from p erf ormin g work at a. t,ainful occupation? As lo ni a s it e xis t s, yes. A. Q, . I v:il L ask y ou to state v1hether or not, in your OJ;)inion, th e post-traumatic neurosis condition that you found to be p r es ent in connection with this case, or this particular v:ork1nan , Vfas il Levkulich, is permanent or merely temporary. I am unable to answer that definitely, but, to quote again from the authorities on similar cases, I would sey that many ti:nes in such cases as this, when any kind of a settlement has been made, either for the patient or against him, the neurosis will sometimes clear up when the patient's mind has been satisfied that the case has been settled. Doctor, are you a member of the Sweetwater County lun a cy co mmis s ion? Yes, sir . • �5 .A. Q. • A. What -vo uld you say a s to the mentality o f th i s wor kman? Is it t o rma l , above normal or . below normal ? J ot kno wing t he man before his present con dit ion, I would not iJe able to s a y d efinitely, but I woul d p robabl y cla ssify him as be ing somewhat below no rmal. From your e xamination of this man, Doc t or, do y ou lcnov defi nitely , or even approximately, when t hi s _post-t raumati c neuro si s wa s d eveloped or when it be c ame p re sen t in t he man t such an extent that he could not pe r f orm work a t a gain ful occupat ion? I un er s t a nd the man HR . TALIAFERRO: Your Ho nor p lease. I object to i."Ihat h e un de rst a nds , if A. You mean, since the injury? q,. Since the injury. It is my op inion tha.t tile tr auma ti c n eurosi s too k p lace i mmediately followin g his injury . A. Q. J,. . Q· A. A. ~~1d was present at t he da te of your l ast exami nation in September , 19:::i 3? Ye s , s ir. Could you sta te fro m your casua l obs ervati on of this man a ft er that time whether- t ha t con di tion sti ll e x iste d at the time you saw him, and, if so, appro x ima tely what time or da te tha t was? 'l'he only way I could ansv,er tha t is that the last time I p erson&lly saw him and examined him, it existed, a nd in talkin g to ~ embers of his family and others, t~e condition '/"S a11p a. re n tly the same v.rhen I would inquire about him. In o t..ri.er words , y ou ke11 t in close touch with this case sir.ce :Lts inception to the present time, is that correct? Fairl y close, through asking about his welfare from his o ther aoctors an d his n ife and one or t wo qf his children the. t I have s een. I 1:!ill ask you to state, to ascertain and to realize that this trauma tic ·neurosis condition exists -- can that be found upon one examination of a v:o:rkman or does that require & continuous study of the case? There are certain cases of traumatic neurosis which are demon strated by actual physical findings, such as x-ray pictures, and there are some that we are not able to demonstrate ana yet v,e know they exist. Q, . P. . In w.rLich class would this one be'? I believe this is a case in which no physical evidence can be shown in the way of x-rays or tests to support his symptoms. �6 / /ct• . // _/ · ,,,,,(. /, A. ~ I '·"l .. • 11 as_ l c you, Lh • a case 1_1• k e th.1s, rererr1.n • g t o th'1s 1., en, 1n particul ar· case of this man, Wa si 1 Levkuli ch, could some docto1~, by examining him only once, determine whether or not he was sufferi ng from trauma tic neurosis or wo uld it require an c b serv ~t ion over a period of time? I believe it would be necess ary to observe any t ype of neurosis or p sychosis to determine whether it was presen t a nd to vJha t degr ee. ~_;;: J.. GALICICH: You may cross-examine . Cros s-Examina tion by iVi r. Taliaferro: Q, . Doc t or , when d id you forr-.n an opinion that the workman or claimi:tn t here iJl.ra S sufferin g from trauma tic neuro sis? \:'ihen did I form that opin ion? Q,. Yes, when d id y ou form that opinion? I believe I formed tha t opinion a fter the man V'Ja s e xamined in De!lver. A. A. Q,. A. Q, • A. Q, . A. Q, . A. Q. A. Hot until afte r he v,as e xam ined in Denver did you form that opinion? Yes , sir. Did you form that opinion, a s you h e.ve stated, from the reports that were received from these specialists in De nver and Sa lt Lake? The reiJorts would indicate that the man did not have a traumatic neurosis. And you formed that opinion after you had read these reports? Yes, s i r. So th a t y ou d.idn't for:n your opinion as to the physical and menta l condition of this claimant from what these other sur6 eon s ha 1e su.id? I v:as able to separate the v:hea t from the chaff, so to spea.1{, and from the hi1;hlights of' their findings, these comp lete re.i:>orts, I was ab le to sift down and correlate them, and. I formed my opinion from that source rather than from wha t the do ctors' opinions were of the case. You testified at one time that you arrived at that conclusion as to the condition of this work'1lan from what the s_fleciali sts had s a id about him_, v1ha t they reported? I did . You arr ived at it from what they said'? Yes, s ir. An a i t was , then, that you read between the lines ana determined that some of the things that they said were chaff and other things that they said were wheat? Yes, sir. • �? A. Anc:i that is the way you have arrived a t your pr e sen t con·clusio n? Not enti re l y. It is also from taking into consideration my past dealing s personally wi th the pati ent and my examinations of h i m o n many occasions. A, Bv. t you h a ven 't exa.i11ined him since h e returned fro m Denver a nc.l 3alt Lake, except to see him on the street'? Acl:or cl i n, · to my records, I don't believe I have examined him . Q,. I say, you h a v en' t exrunined him since ·you sent him t o De n- A. ver-? He h a s been s in ce tha t, yes. Q, • He wen t to May o s ' si nc e then. Q,. Have you exai-nined him since he went to Mayos'? Ho, sir. Q,. Then v1ha t is the use of bringing in that )K ayo busin e ss? a skin g d irect questions. Yes, s ir. - A. A. q,. A. Q, . I 'm Now, the fact of the matter is, Docto r, i n Sep t embe r, 1 933 , you made a statement, did you , over your own si gnature, ,,ith Doctor Lauzer and Doctor Sanders , that y ou v, ere un able to tell that this man wa s suffering fro m any :pbysical or mental condition, an d recomme nded that he be sent to other specialists? I don't r em ember my re port without seeing it. I I j. I I '11 sho w it to you ( handing paper to v1i tness). See if you reco gn ize this. See if you recollect it. I hand you a copy of a let ter, and see if you can identify that as being a letter t hat y ou wrote. 'Yhe origin a l, of course, is in Denver. Yes , s i r . You wr ot e that letter, did you? Yes, s ir . i,nu the d ate of it'? 3ep te~ber 11th, 1933. Q, . You hav en 't examined this man since t:Cien, have you? I don 't b elieve I have. That i::; wha t you have testified to. I don't recall any. On Septe~ber 11th, 1~33, you addressed a letter to Doctor Frankl in G. Ebaugh, 4200 East Ninth Avenue, Denver, Colorado? Yes, sir . • �8 Q. A, Now, b efore going further into that letter, I will ask you if you reco llect joining in with Doctor Lauzer an d Doc tor San d ers in a letter to llr. R. Y. Gibson on March 22nd, 1333. Yes, s i r . ~- In that letter, you st a ted lli1 . GALICICH: If the Court IJlease, if they a re ·oi ng to q ote from the letter, why no t of fer it in ev i dence? The let ters are the best evi d ence, and we would lik e to see th e lette rs . , nr . T.ALIAFERRO: I '11 introduce th em , if you wa nt me to, afte r tney ere identified. LHL GJ,LICICH: But you were asking wha t wa s i n it . weren 1 t identifying it. Fill . T_r I AFERRO: 2-IR . GALICICH: You Do y ou wan t to see it no vt? We vmuld like to see it. We c an po ssi- bly s a ve time. :i\JIR . T.P-LIAFERRO: I thin k we can s av e time if you will let me cross-exru~ine hi~ as to his reco llection of the records. (Whereup on, a pap er yvas marked for id entification as Employer's Exhibit A) . 1:1R. Ti\I.,IAFJ~RRO: I would like this letter to be admitte d in evidence, if Your Honor please. :'i ll . GALICICH: Q,. No objection. In this le tte r of Harch 22nd, l';lo3, marked Employer's Exhibit A , the following appears -\'/e e:xami n ed him very carefully and could find no evid ence of any uer.'.Ilanent disability as a result of the a ccident , unliss his present mental state is the.result of the injury to the head. This cannot be verified by x -ray or any other means at our command 11 • 11 ' ,n (;. t h.;..t is sii::,ned by Lauzer, Sanders and 'Nanner. Now, what otller :n ea.ns, since this workman was examined by these Denver s ;_.i.r g eons, has been developed by which you could find out personal ly, yourself, about thi ff: You hadn't examined him, you stated? Ho, sir. ':,7hat I am getting at, Doctor, is what you read in the reno rt0 of these surgeons• That was the only other means you had , i zn ' t that true? �9 t-1a t is not true, in my sense of t he interp retation of it , as to what other mea ns I h ad . I rely u 1)on my au thori ti es in med icine, possibly like an a ttorney relies on his authorit i es in le gal matters -- his bo oks -- and my opinion has been molded d uring th a t time b y my past o b servation of this pati ent plus the reports which we have received since . A, .ifo, Q, A. P l us t b e rep orts? Yes, sir . Q,, In othe r words, you have chan g e d y our 0 - ,m opinion of the matter without ~ny foun da tion wha tsoever a s to examinati o n, e x ce pt the r epo rts of t h ese Denver surgeons? Ye s, sir. A. 0 Q, . A. And that is the way tha t y o u h a ve changed y our op in ion? I h ave changed my opinion by a cor relati on of ray p a st exami n a ti ons with the addition of these other repo rts. Q,. But those _past examinations were to the effec t, ac co rdin g to your lette r, t ha t you had no means at your co mmand. That i s ·why we sent him dovm there. A. Q,. A. Q. . A. That i s wha t you say Tha t i s r i gh t . that you had no means? Tha t was true when you sent this lette r , wasn 't it? Yes, s ir. A. The fact of the matter is, when you co me down to it, that you h a ve s i mp ly changed your thought si nee y ou examined t1is man? Yes , I have. Q. u .Anc. that change has been ma.de without any examination of him A. Yes, sir. A. .Ana. that change is in violation of the opinion of these d o ctors , these Denver surgeon ff? Yes, s i r . b. fo v1 , Doctor, you say that you v,rote a letter to Doctor ~:r-;:i.·,1klin G. E'baugh on September 11th, 1333? Yes, si r. Q,. at a ll? l!lR . TALIAFERRO: I think I v1ill put this letter in, too. I!IR . GALICICH: No objection. (-;,'hereupon, the paper in question was marked for iden tification as Employer's Exhioi t B). ·- - • �10 What is y our specialty as a physician and s urg eon, Do ctor? I specialize in eye, ear, nose and t hr oa t. is a neurologist? A neuro lo gis t is a man who deals \' ith the br ai n a nd nervous syste~, principally. i.'7ha t Are you a s~ec i a list in t hat? lfo, sir. ~- In this letter marked Employer's Exhi b it B , you sta te -- A, 1 have been a sked by Ivi r. T. S. Tal i a ferro, a ttorney of the coal companies here, to co ntact a neurolo gist in Den ver for the 1Jur_pose of a r rang in g an examin a tion f or an emp lo yee of one of these companies" -and you 6 0 on further and name Doctor Edward Delehanty . You asked h im to contact a neurolo g ist? Yes, sir. c;, . And then y ou further say - - A. you and a nu. you :W o , 11 " As regards consul tat io n I ViO Ul d like to subgest that call in a nother neurolo g ist in rendering your report, any of the follo ~1 in g men would oe acc ep t ab le" -then you give the name of Doctor Ednar d Del ehan ty. lT ov: , testified that you a re not a neu r olo gist? sir , I am not. Do you kno 1:v v(bo Doctor Delehanty i 5-? Yes, sir. He is a neurolo g ist in Denver. Is t hat his special line in the profession? Yes, sir . Q,. Do you recogn ize him as being a competent, efficient and skil lful neuro lo 0 ist? Yes, sir, he is a very gooo ma n. You 6 0 t G. re 1iort from him, didn't . you? Yes , sir . A. A. Did you come to your conclusion or your opinion -- this opinion that has been formed since the re1-1ort was given by Doctor -elehan t y -- from that report, did you come to your conclusion that this man, this workman, wa s suffering from an i nsane delusion? If I believ ed his re.l?ort, I would think that the man was m&.li ngeri ng in :putting on all of tho s e symptoms. So you d i dn' t come to your present conclusion as to this m&n' s me n t a. l condition from anything that Do eta r Delehanty, v1ho is a neurologist, has said? 1To , sir. �11 Q,. Their repo :rt to y ou was exactly opposite, wasn ' t it?. It ~as t l~t he - couldn ' t f ind any evi ence of any men tal trouble t i t h him? I don ' t rec~ll the gist of his r eport. Q, . .A . Gene n:.lly , uasn' t tha t his repo r t to y ou? Genere _ly, his conclusions, as I remember t hem, were that the m.. n ·ms a mal ing·erer and that he had nothin g wron with hi m .:.;.r: · th&t he was putting on. Q,. i-.. . Eiti1er ~?:. ,::; ntal or pbysi c al? Ye s, si.r . Q, . 1 Ther efore , t he conclusion that you made wa s co ntrary to \'Jhat Doc tor Delehanty informed you? Yes, sir . Q,. A. So his report didn't enter at a l l into this concl u s i on of y o 1·_1· £, th.:..., n e1.:; c on cl usio n ..i? There vJere many things i n his report r:hi ch elirninc.Lted and cleared UJ;.l :po in ts th.1 t were not l ear· in our minds as to o the:r men t1:,l an d pby si cE:.l n sp ec ts of the c as e . f . Do you ~n o~ Doctor Fre d S . Ha lst ed? Yes, s ir. Q.• L. ·:1na t is his specialty? I think he do e s e a !' , r..o~e a nd. t hro o..t . I don 't know whethe r he c; oe:::: eye YJork or not, but I kno v1 he oe s e c'. r, nose a nd th:ro a t. Q• A. Did you get 2. r eyort fro m him? I have a copy of his report, yes, sir. I don't kno w whetler i t was sent to me or- not, bu t I t h ink I have a COJ?Y here. Yes , I hc..ve copy of Doctor Hal~ted' s re1-1ort here. A. r Q, . j:,. , Lid you fern this later conclusion of y ou:cs from anything t hat he s8.i u i n his re;,o rt to you? lfot &Dy mo.r:e th&.n I dia from Doctor Delehanty's report. .;;; a. hie report wa s cc tD in s t the finciin g of any mental tro1J.ble ·;;i tr tiJ.i s 1."J o rkm&n , vmsn' t it, a s he reported it to you? I cc:.r;not u1sy1er th&t v1 ithout re a6 in 6 his reiJort over-. I cci.inot r·ern.embe1· a ll that he saici. in the reyort. Tl'~e ~· act o f t he ma.tter i::;, Docto1·, tha.t you dic..n't pay much &_tt6nt ion to what these doctors in Denver that you h a d refer~ed this man to said, did you? The f~_ct of the matter is I paid considerable attention to • .:he.. t they said. J. . You F:eren' t guided by them in a ny ':Jay , vrnre you? Ir; maJ.cine, u diagnosis, I make it by a process of elimi nc..tio n , and by readin~ the reports I was able to elimin~te c ertc.in :ff-actors,, v;hich I apprecic:lted and. valued their relJo:ct s for. �12 So y o u ha~e co me to this concl u sion, no t f ro m subsequent e :c:filitia."j.ion o f this .o rkman, but fro m anal zin E; the r eyo rt s t h&t t he se doctors mad e? 1:Tot entirely . As I st a te d before , it was fr om my co rrelati o n _nd ~y pre vio us fin din g s in t h is case , plus the se r e :f)or t S • l'To ':,' , on the 11 t h d a y o f to l' :Sbc:;U€,h - - Q, . Se p t embe r , l 'J 3 j , you s t": ted t o Doc- 1 t h2.s be en my op inion fro m the v e r y s t a rt that the pati ent has malin f ere d, esp ecially a s to loss of vi sio n , a nd I 2.lll i n so me dou·bt ~s to his los s of hea ri ng- . Thi s has a l ~o been the o p i n ion of o the :r men ·who have exruni ned h i r:1 11 • 11 Thc.. t Ye s , s i r- . 1.. •!i c. s y ou r· tho ugh t in Sep t ember, l<J3 3, wasr 1 t it•t 1dho is Do c tor Ebaugh. Doctor Eba.u gh is con s i d e red a ver· r h i 6 h - clas s man i n h i::; p rofe ssio n a s a neurolo g i st . In what? In neurol o QT. J J.•. Th at is, in mental Gisord ers or n e r vo us a isord e rs? Ye s , sir. He is considered a very hi &;).'i-class man? Yes, sir. And. that is not your specialty? E o, s ir . .h. . -.. . . n u, t1o t-i.·;ith s tanuing t h e sta tements of Doctor Ebaugh maue tc y ou, ci. nd the statements that Doctor Delehanty made to ~,r o u , \'i'ho:n yo u :re co m.m eno. as being high-class men in that li ne ~- you <i o, do y ou not? I a.o . ( Conti m:.ing) -- you formed, since you saw their repol'ts, a. d iff e r en t opinion? Ye::; , £. ir. J.;na yo u f o1·rned that opinion from their reports &nd not from a n e xc;..mination of this workman? I d idn't say that. But you s a iti you hadn't exrunined him since? I E:&. ici. ny present opinion is formed from my past frequent e:.:Lmino.tions of the man, plus these reports. Q, . L.. So you had no such past o~inion on Se~tember 11th, 1~ 0 3? I.!y 01:'inion before that was that the man was malinger·ing,. I am fra nk in so stating that I thought the man was a malinl,erer. • - · - -· - - --- ---- �13 Therefo1·e , y ou r op i n ion since t ha t ti me, or y o u1· p res ent o pi nion, is a)J p a r ently formed in t he f ace o f the reyorts of the se specia li s t s t ha t y ou ~ef e r red t h is man to? Not ent.:.rely . / Q.• 1-\.. Q, . A. Q.• A. Q,. A. Q, . A. F:ro n v:ha t, i f y ou haven ' t exam i n e d him? M:y o_)i nion has be en f orme d by t he stuuy o f case re.J::l orts a n d r e 2.ding of a uthor·ities on similar cases , a n o it is my OJ.)i n ion th&t the re is no methoci of e xamina ti o n that can d emon s t r~te pny s ubjective evi d ence o f in j u r y in t his man . Why d :i. d. you sen u this workma n , a t yo u r r equest maci.e to me - VJI"J,)l d i d y ou send him to Denver to b e examine d by these do c tor s'i . -" p o ssib l e. In o 1·der to c l e a r the case up , l.1. You at that time had no o pinion o f t he mat t e r, and you wer en I t an e:XfJ ert in that mat te r? IEy op i nion i'tas tha t the man ·wa s a mal inge r e r. 1.'lhc.. t h as o c curred since t h en t o chan ge tha t opinio n'? I Yli 11 repeat what ha s occur re d . I make my d i c:i. no sis by a proce s s of eliminatio n . I h a v e taken into consiae ra tion my p a st e:x a1nin&.tions of the ma n, a n d my tho u 6 ht s a. nd op inions a.t that time, and the r e:µ orts that wer e fu r ni shed by the Sa lt Lake doctors and t h e Denver d octor·s an d t h e :Gayo Clinic, a nd my reading of medical books, b oo k s o f au thoi·i t~ , on si milar cases, and that h a s molded my present op inion. That has mcl d eci. your present opinion? sir. Yes, Q,. Ano. i t has cr..an g ed since Septemoer, l'J33? A. Ye s , s i r . A. Q, . Ana you ar e not an expert upon mental and nervous diseases? . Jo , s i r . Q, . Yiill you giv e me the doctor books that you have read, that A. you have r ef e rred. to that you have read, upon this matter of men tc:J. disorder- s, since the 11th day of September, 1~33? I cton 't su J.)1io se I coula quote al 1 of' them to you. L. Q, . A. Q, , A. arj ke d you for the names of the books. · say , I don't sup:po s e I coulc. q_ uo te all of them, but I h a ve re:;;.6. \'ie·bster' s Legal I!Iedicine ano Toxicology anc. Warbasse on Surc e r y. I I Di d they deal especially \': ith traumatic neurosis? 'l'ha t is the subject I v:as interested in. I dicm't ask you that. es:i,,ecially. Ye s , ~.ir . I asked you, o.id they deal v1ith it �14 Q,. A. You re2.d th em. Don't you know whether t h ey dealt wit h thin or not-? They d idn ' t deal with this case, but they aec.:.lt with similar ce.ses. A. Did trey deal with thi :.:1 question? Yes, S il.._ . Q, . A. Tha ~ is t YJ O a u thori ti es? Yes, sir- . Q,. 1 :T oen d id y ou read them, Doctor? Oh, I read them , one of them, within t h e last we ek , be c a u e I thought -To get r e-dy to testify in this cas e? I thought I would be called upon t o give a n opin io n . Q,. A. Q,. Then your op inion from t hes e books h a s been made \'li thin the last v:eek? No, si:r:. Ho w , re~ciini these t wo books has influen ced your op inion in this c&se, isn't that true? Ho, sir. They did enlar.; e my viei;- .,point or· refreshed my memory, ·oecause I thouk)"1 t I vi ould be c a lled uyon to testify to 'l;Jha t I thought trauma tic neurosis 1::as . You say you &re not an expert in tt.at? Ho, si1·, I eIJ. not. Q. . A. But y ou &.re a specialist in eye, ear, nose and throat'? Yes, sir. Q, , A. That i"' what you h av e studied, isn't it, Doctor? I he.Ve studied ~ eneral mect.ici ne and surger.1. I serve on a J.un ccy commiss ion, although I am not at all an expert on ins ~ity, and d o not prete nd to be. Q, . J,. Ju dge oi' a court serves on a lunacy commission, doesn't he? A. Yes , sir . :Sut I am not testifying here as an expert in this c as e as to mental conditions. Q, . Th en ·,nhc:..t you have said here is not ca.S an expert? hb2olu tely no. h. ;LR . TJJ.,I AFEHHO : That i s c1.l l , Do c tor . �/ 15 Re d ir ect-ex amination by Tui r. Galicich: Q,. A. Is that yo u r opinion a s a doctor of medicin e? It lffi . G..A.LI CI CH: That i s all. ( Whe:reupon, the witness -o - ms ex c u se d) . �/ / 16 E. S. LAUZER a witness called herein on b eh a lf of the claimant, being firs t duly sworn according to law, on his o a th testified as fo llov1s : Direct- ex~min a tion by Hr. Gali ci ch: Q, State yo ui name , please. A. E . S . Lau zer. Q, . Yihe e co y ou reside? Ro ck Springs. A. Vlha t is your 1-Jrof ession? Physici an and surgeon. HovJ lon g hc.rve you been a physician a nd surgeon? Si nee 1 ~05 . A. At v'.'1'1a t -p l&ce? Ro ck Spri ngs . G,. A. Were you in Wyoming n ll of that time? All of that time. Q, • A, You are a graduate of what school? University of :Nebraslrn . Q,. A. Do you know the injured workman, \Va sil Levkulich? I do. Q. . Were you ever Co.lled upon to treat hi m in your professional c 2:i;iaci ty? Yes, sir . Q, . A. 0. J I v illas~ you to st a te whether or not you were called upon to tr eat him in your r)rofessional ca.paci ty during the month J. • of Octo ber· , 1931. Yes, sir . Q, . A, On uh&. t Cla te'? Oct obe r 16th. :Ihere di cl you first see the vvo rkman? s::-x, him first at the hospital. Doctor Sanders went first to the mine and picked him uy and brought him to the hospitc.l. 1 I You er:,,y he v1as injured in the mine? Yes, sir, the Lion coal mine. Did you see him the same day that he was injured? Yes, sir, I saw him after he entered the hosyita.l. �l? / A. Q. . A. Q. St a te to the Court vvh a t you found in your ex amin a tion o f t h e \'torkm2.n , At that t i me I fou nd he had a sli gh t l a c e rati o n on t h e r i gh t sid e of the h ead , some wha t ov e r the r i gh t t emp le , an he wa s bleed ing a little fro m the ri ght ear . He wa s in a s l i g ht stup o r a na a s t at e of shock a t the ti me. Was he con scious or unco n scious when y ou saw him? He was s emi -conscious. .A . Ho w l o n g o i ~ he stay in tha t semi-co ns cious c on di t i on? Aoo u t t y:o d ay s. A. Was h e y our p atient? He wr s tr e at e d by me, ye s , sir. A. And y 1.'.r hom else? Docto r San d e rs. Q, . A. Doctor- Sand e r s is your a s sociate? Yes, s ir . Q,. Ho w long did you tre e.t this man ? I treate d him right alon g . I h ave tre a t e d him until the pres en t ti me. When did you last examine him? The day before yesterda~ he wa s at the office. Q, . A. A. Did Hr. Levkulich suffer any disability, any physical or objective disability, as a result of that accident, and for how long? He v1a s - - you mean ho w long has he been di sabled? Ye s , h o r; lon g m s he di sabled, that you could show and see h is d i s5..bi li ty? He left th e hospit al on the 24th day of October of the same ye a r , l ;J~ l, b u t a.t that ti me I didn't figure he was ab'ie to ,_,1o rk, and it has been going on up to the present. We 'never hav e b e e n a ble to decio.e -- that is, at least, I haven't \·;l l 8 t er h e ha.s any physical d.i sabi li ty now or not. I n y our examination of the workman the day before yesterday, a. id y ou find any di sa.bili ty v,batever, either physical or men t&l? Th e only thin 5 I could decici.e anywhere near was that he had s ome kind of a mental depression, but what it was, I could no t sey, but as far as any physical defects, I couldn't find any . 'Uh.en dici you first discover this mental disability? Oh, it was sometime after he went home, but I don't know ho w long afterwards. �/ Q. A. 18 Do you huve a ny idea as to the a pproximate time? No . I . t h i nk - - that is, h e wasn't entirely -- well , I just could n't say , but sometime after he went home, bec a use he v;a s sort of depressed while he was at the hosp i tal, a nd then we thought we would let him g o home a n d it would p rob ably c le ar up a little better, but i t apparently di6n' t and it is still there . A, \'lould you say this mental condition is the r esu lt of the inj ury thu t h e sustained in October, 1931? l\To , I woul dn 't, because I can't prove it. I don ' t k now . Q, . A. My 01,i n ion is that :t have a lways f elt th a t Q,. What i s yo ur opinion in the matter? there must be some con n ection between his mental condition no • a 1d the ac cid ent, but I never coul d , p oint out a nythi n g that I co u ld ab solutely stand ~n by any method of examin~tion. Q.• A, Do you mean p hysically? Physic ally or any othe r way . A. ·:mat is the extent of this man's dep ression or mental disability? Does it incapacit a te him pa r t i a lly or totally? It apparently is total. At lea st, he feels that way . Would you say that h is mental con dition is y errna nen t or merely terqJorary'? I don't know. It has been g oing on so lon g , I don't know whether it is permanent or wh ether i t is something that still may be cleared up. .n. Do you knoY✓ how he sust a ined his injury? A timber hit him on the head. Q, . A. Ye::. Q,. r The e:xcilllin&.tion sbowed th&.t he was struck by a heavy object? n -L "-ALICICH: You may cross-examine. Cross-ex c.mination by Ur. Ts.liaferro: Doctor, all you kno w a~out any mental aisorder that he has is v.' !,£.: t he say s himself? Thb.t is a ll. That is all, but we can't prove it. And you don't know v1hether what he .s ays if feigned or fraudu l ent or whe ther it is true? Tio, I don ' t. I don't know . Q, . 1-.. Q, . .And y our conclusion was entirely drawn from v;ha. t he tells you? Yes, sir. Are you a n exgert, Doctor? Is that your specialty -- in mental and nervous diseases? I I I /. �/ 19 A. No, sir . Q_ . You con curl' e d v:i th Do c t or 1.7, n n e 1~ that thi s man shoul d be s ent to sp e ciali s ts on nervou s d iseas e s? Ye s, s i r , b ec au se we felt we wer e n ot ab l e t o mak e a n euro lo g i cal e xwn i na.tion. J... . q. A. Q. • A. Yo u c oul -n 1 t f in 6. any e vi denc e o f men t al ci i se ase ex c e p t wha t h e to l ei ·,rou? T: _&. t i s a l l . Do ~o u 1-::n o\v Do cto r Edwo.rd Delehanty? Yes, ~,i:r.· . Q, . ';Jhat i ~ h i s r eputa tion a s a men t a l s ur g eo n a nd .i: hy s i ci a n? Ee is o n e o f t he h i €,;hes t cl a s s men in th&t li n~ in thi s ·west e:r-r. country . Q, . A. ,:Joul d h is o p inion h a ve inf l ue n c e wi t h y ou as a ph y s i ci a n and sur Geon o n a me nt e l ma tter? Ye s , si r , it ~ ould . I n o u l d s a J it would . o. 1. No , I Do you kno w Do ctor Halste d? don' t. I h a ve he a r d of h i m, but I d on' t kno ~ h i ~ . Do you k n ow o f h is revut a tion? I hava heard o f h i m by reput ~ ti o n , y e s . '(Iha t i s i t ? He i s a n o s e and t hr oa t sp eci a li st , as I r ec a ll it. Q, . A. ':That is h i s r ep u t&ti on in t ha t f i e l d? It is gooci. . q. Yo u don 't k now h i m personall y? A. ITo, I don't . ., . 3ut -o u ao lrno v, Do cto r De leha nty ? Ye ::; , si i.' . i '> . :.> Do y o u k no w Doctor F . B . S te~henson? A. 1:o , ! don I t . (:, . Do y o u k n o vi c:.n y t hing about hi s rep ut a tion? I Cc.' ,' t s&y t ha. t I do . J_ . Do y ou k no 1 Doctor Ebaugh? I do n 't k no VJ him person ally, bu t I kno·w him by rep u ta tio n , r_nd I ha. Ve had corresJ_Jon d ence with hi m. Q, . \/11.:;, t is b is s _p eci al ty? J• . He i ~ a neurologist and psychiatrist. .J: .• Th at is , men tal a nd nervous d i s or d er s? Ye :::, s i r . �/ 20 A, ':'.lh&..t is h i s reputat i o n? Very high- class. Q, . .'fo a l .. . ·o u oe in f lue nc ed i n fo rmi11g a n op inio n by wha t he .A . Yes , I q, . f~ o I n E. m en te.l Y ~ ~, s i 1~. ' u. Do you kn ow Do ctor Kerby of SE: 1 t L a l e City? i, t. . 'Jh t i s hi;:; s llecialty? x - :ray . Q, , A. :.'hat i::, his re1Juta tio n ? Ye s , ~ir, firs t-cl as s. 1· J,. . In t he exami na t ion o f g_ n x-r ay , 11 oul d you be gui ded i n any way b y his sta tement~ Yes , I 'i!OU l d be incli ne d t o a. cce1. t hi s d i a 0 no sis . Q• , ~. Yes . Q· '!OUld . c a s e'? I s he skill ful in that? Do you k no w Do c t o r Etiuin Tianson Nehe r? A. '.!hat is h i s s:g e c i a l ty ? .].y e, e : c r , nos e and tl1ro a. t . Q. Do yo u kno w h i m pe rson a lly? A. Yes . q, . '.'i11 c1. t C~. A. q. is his s t (:).n u i n 6 a s a s:p ecialist in th a t regard? E~ e;h-class . wha t h e said? "· · \'lould yo u be g ui ded. a 6 o o d ae al Yc=E, I ,:;o u ld, i n t r.1£i t lin e·. Q, .A. I 8eQn, in that s p ec ial b Tanch of me dicine and surgery? Yes , I v:01.,;,ld . by Do J o u kno w Docto r Fo ster J. Curtis? Yes . Of ::]E. l t Lak e Ci t'J ? Yes . C. A. -.Ih ctt :i.. s hi s speci e. l ty? He i~ a n eurolo g ist. t.:~. " ~ental a n d nervous diseases? A. Ye3 . Do y o u kno w him p ersonally? J,. , Yes , ~:d r. ) I �21 ,l'hc,..t is his reput2.tion a s a s_peciali st in me nt a l a nd nervou s d i s eac::es? Very h i 6 h -cl ass . 1 'v . ; Yf11at i;ould you t hi nk of a r e_po rt m de by h i m? i 1f : !. uenced by it? A. i1 , Yea , I ,·rnul d . 1 V/ould ou be I vrn ulti g, ive it dee2 consiae ration , a t l east . Yo u think t~-ie y a. re -~i o rthy of con s id eratio ? :...:ir . Y ~. Tha t ' s all . Redir ect- examination by Mr . Ga l i cich: A. i. . ~A. ii. . Go ing back to the worknan, ',Va sil Levkulich, Doctor , ·n your opinio , Vi OUld y ou s ay thi s man is a ma lii1gerer or t i1at h e is actu&l ly suffer in g fro m a men ' a l d isorde~ I never fe lt, a s I state d before, th~ t he was a mal ingerer , en tirel· · . There were s r.ie t h i nt;s th;;__ t h e exagg er&..te d - no que st ion abo ut it -- bu t hov1 .!11l,ch , I cou ldn't aec ide. You woul dn' t say he is tot a lly m~ling ering? Ho, I ·:,o Llldn' t. Do you feel there is mali n e-;ering? :!es, I do . ment a l u i sabili t y in • ddi tion to Goulci y ou esti mat e that, or in any V! o.Y give the Cow:·t some iae a as to h ov; much y ou t hink is put on a nd ho v.1 mu ch is a ct ,&..lly e.. m0n t al state? I rwuld·1 1 t eveu a tt e1"1:pt to, because it c an' t be done. \ ✓ e c~n't ~eos~re it . tha t is t h e rea s on we sent him t~e l a st ti:ne to the ~.:i..::iyo Clinic, a nd they coulcrn' t do it. h ere~: TH.i!.'. com T: Is th& t Hayo Cli ni. u report _in the file ~-11 . 'l'ALi i.JTiRHO: :I'To, sir, I don't think so, but I ':Jo u ::!..cL, 't object to i t bein1:, pu t in. HR . G.ALICICH: ._,_1;; Yes, that is agreeable Vvith us. ( '.'l he:ceup on, t wo papers v,ere mc:.rked for icientification 11,rtryl oy er' s Exhi.oi t C &nd Employer ' s Report D) . J1xc~?!'L!. i1 a ti on by the Court_;_ Cl , r,. '.'Trn::a.t is your interpretation of that report, Doctor? '.:.'he;. t t her e is sol'!le rel a.ti on shi,l) - - they feel the same &s V'le hc..ve e:x.vressed here -- that there is some relationshi p bet ween the injury and his mental attitude, but wha t it i s, v✓ e c an't substc:i.ntiate, and there is no way of proving it . �/ 22 .hec r oss - exam inc. tion by U r. Tal i a ferr o: 8. J.'J. . q, . Call ing y our at t en tio n t o th e l a st p a r ag r aph he re - - 11 The presu'1n tio n is tha t in jury i nduces stru c tur al c.; han ges o f a suff ic i e nt d e g r ee to a l t e r ou r s ubjec ti ve processes" th~:, s i mp l y me an s t ha t t he r e i s a presumyti on? Ye s . A, (Conti ui n g reading ) -- "bu t we are no t in a pos i tion to fi n - phy sical s i g ns to co r res1Jon d Vii th t hem11 • E..x act y, · nd t hct t wa s ou r t ho u gh t -- we co u l dn ' t find i t . ,J., . A, Y.1 as tha t y o ur t h ought? Ye s , s i :r . :'.'.l . T.i'.iLI.AFERRO: conce r n ed . Tha t i s a l l, Do e t a r , so f a r a s I am Exc::mi nec t io n by t h e Court : Q, . Do cto r , a r e y ou a c qua i nt ed viit h t h e se t rauma t ic n eu r o s i s ca s es? Do y ou us ual l y f i nd p h ysic al sym- to ms to explain the men t - 1 co nd i t i o n o r no t? Th i s trauma t ic neuro si s iz a co mp a r · t ively r e c en t di se as e , a n u i t is r a t h er in d ef i ni te . Tha t is, you may h a ve a n i nj ury t o a le g , a nd y ou h a v e a pe cu li a r l o t o f sym}.J to ms t here and you c a n' t a ccount f or th em in any o ther way , bu t b e c faus e you have an inj u r y it wo u l a. b e .9rob a bl y cla ss e d a s a tra--..una t ic n eu_rosis. I n t h is c a se , the injury is to the h e ad, and t h ese pe culi a r c ondition s hav e co me on. I knew thi s man b efore, and, of course, h e v1as a little belo w norma l int elli g ence t h en , b u t si n ce then this h a s bee n a g gr a ·vat e d , bu t ·Hhethe r it i s the a cci d en t or something e lse , v, e do n · t kn o w. You .<c t one time t houg..ri t h e wa s a maling erer, didn · t you? Not en t ir el y , n o. I k new some of it was, but I never though t h e \'JaS ent i r el y a maling erer all the time. J.-_ . You sti ll t h ink tha t pa rt of it wa s ma lingering~ Yes , s ir, I thinlt par t o f it. l,. . You t h i nk he is putti ng it on? ::o me o f i t , yes . Q, . Bu t y o u don' t kno w ho v1 much'? lfo, s ir. We can't differentiate. THE COURT: That's all. Re cross-examin a tion by Mr. Tali a ferro: Docto r , in Doctor Deleho.nty' s cross-examin a tion in thi t'.;i c &. se , on Interroga tory No. 4, ·nhich is as follo ws: �23 11 St at e ~nd explain what is me a nt ·b y tr auma tic neu rosi s and, in a nswer to tha t, Doctor De lehanty says t h is 11 'Tr a umatic neurosis' is a term a :t:)pli ed. t o a tra in of mental or nervous symptoms which develop fol owi n g a n a ccident ~md which a re c aused by othe r in_f luenc es t han tra una". Yes, that is true. 11 A. Q,, A. Q,, It may b e caused by other things except the blo1i1 Yes, it may be c aus e d by other thin g s. Arthu r Le e s ugg ests this q uestion, Doctor -- May not ne urosis d evelo p from a malingerin g and apart from any a ccident'? J.:... 'rha t i s po ssi bl e, yes. Q;. A. In other v:or d s, a person can think of h i mself h avin g a di sease a nd bel i eve he h as a disease when t here is no ai sease? Yes, t.aa.t is po s ;S i b l e. Q,. A. You he ard Doctor Wanner's testi mony? Yes, ~ir, I did. Q,. A. You li stened to i t? Yes, I o.id. Q,. And he said. in his testi mony that a p erson who is a ma.lingerer and v1ho has thought about his condition ~nd who has m.c::de l1imself nervous in such a way as to af fect his mind may cle a r up when it is definitely determined that he is to get compensati on or that it is definitely asserted that he · is not to 1:, et compensation. Did you catch that? Yes. A. o,. In other words, either one way or the other, the matter mi ght clea:r up? A. Yes. Q,. "hat :;o uld be the man's ovrn thought, vTOuldn' t it, 1·ather tha n fror!l the trauma? Ye s , i t appears that way. A. r.1R. 'l'ALI .A.FE11RO: That ' s all . r: eairect-examination by 1'1 r. Galicich: G. u A. in this pa.1.·ticular case, Doctor, you are well acquainted with the matter as it proceeded in the courts, are you not? 'rhat is, you remember when the case was originally set f or hearing in 1933? Yes. Yo':1 1 An d then the man was sent to the doctors in Denver? Yes. • �24 A, And a fter the reports c am e back, the matter wa s dro pped , so far as the man 's claim was con cerned? Yes, sir . And after the cas e was dropped , did you notice a ny change in A. Q,, A. Q.. A. q, . A. Q, . A. this man's condition? No, I d idn 1 t . In othe r ,,o r ds , there was no change in his con diti on a ft e r the c a se w~ s dropp ed? No, i t d i d n't seem to mak e any differe n ce e ithe r o n e way or the other. Docto:r, going back to the questio n ·that Arthur Lee suggeste d , you said that a ro'an could suffer from tr aumat ic neurosis eve11 though there wa s no injury? No, I did.n 9 t s a y 11 traumatic neurosis ". It wou l d be just a neurosis. ]fo,;1, Thc'tt is a different ty.!.Je of neur o sis? Y~s, that is a little different type . That is c2.lled wha t? Psy cho-neurosis. MR . GALI CI CH: '.rha t ' s all . ( 1:Jhereupon, the witness wa s excused) . -o- • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Compensation Claim Wasil Levkulich Employe of Lion Coal Corporation Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935-1943 Subject The topic of the resource Claim made regarding Wasil Levkulich. Description An account of the resource An 11" x 8.5" blue folder holding 10.5" x 8" documents. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource Jay G. Wanner, M. D. Identifier An unambiguous reference to the resource within a given context 1-0175 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/8b8879257534ab56221d0e08dc397124.pdf e98c059c5f15f79a5e7d691932e31ab4 PDF Text Text ������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context 1-0135 Creator An entity primarily responsible for making the resource Jim Marshall W.A. Coons Title A name given to the resource Jim Marshall UPCC Photographs Subject The topic of the resource Photographs of UPCC employees and mines. Description An account of the resource A brown 6" x 12" envelope with a red and white address label holding a letter and 8" x 10" photographs with no obvious damage. Publisher An entity responsible for making the resource available The Union Pacific Coal Co. Type The nature or genre of the resource Image Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1947-11-17 https://haylibrary.cvlcollections.org/files/original/4375f12b7f5c084642876f9c362fd589.pdf 9ef121db964973add53ba05c52b33e57 PDF Text Text "-/0 ' / ,.,., / Americ4n Association for labor Legislation/ 6 ..>~,,_. GENERAL OFFICERS Pue., ucmi ~, Pre1idc11J, JOSEPH P. CHAMBERLAIN Vice Presidents: N J. DOUGLAS BROWN JOHN R. COMMONS LILLIAN D. WALD SAM A. LEWISOHN THOMAS KENNEDY EI\NBST G. DRAPER THOMAS I. PARKINSON WESLEY C. l>UTCHELL JOHN A. RYAN JOHN G. WIN.ANT Secretary, JOHN B. ANDREWS T reawrer, EUSTACE SELIGMAN Associate Secretary, IRENE OSGOOD ANDREWS Research Auistant, GEORGE H. TRAFTON WALTER GELLHORN r the GENERAL \vELFARE American Labor Legislation Review and the President, Treasurer, and Secretary Telephone, GRamercy 5-2589-2590 Daa.r Member: You will be glad to kno~ our 32nd Annual Meeting at Detroit ~as one of the most successful in years. Interest 9 ~ith attendance of 1500, was exce~tional . It has given ou~ uork a new impetus for the important year ahead. Michael M. Davis{ Ill. Paul A. Dodd, Ca . Mnry E. Dreier, N, Y. Our Mid-year Meeting is set for Buffalo, June 18~24 0 uith the big National Com rence of Social Wi:rrk . l=i, Our quarterly Review - now in press - uill cont ain notable features not elsewhere available. The President 0 s message t o Congress on t he national health program finally opens t he way fo r renewed action on that part of our leaislative program. • With mor e t han 40 legis l a tur es in s ession 9 we als o need your cooperation now on a wide range of pr oblems: Mine safety - Silicosis res earch - Labor law enforcement - Workmen's compensation Unemployment compensation amendments - Health i nsurance - Occupational dis ease compensation These involve voluminous correspondence, preparation of memor anda, legislative drafting, public hearings . ~-t~f"p~~• Jd• M. Tarbell, N. Y. F. W. Taussig, Mass. G. W. Thompson, N. Y. M:irr van K!eeck, N. Y. T. A. Wilson, N. C. }tobert J. Watt, D. C. Jldwin ll. Witte, Wis. Verne A. Zimmer, D . C. and the officers JAMES MARSHALL SPENCER l>ULLER, JR. ORDWAY TEAD January 28P 1939 Mrs. Geori;c Backer, N. Y. Elizabeth Brandeis, Wis. Robert Bruen,, D. C. Cho.des C. Burlingham, N. Y. Charlotte Carr, Ill. Willinm L. Chenery. N . Y. Irene Syh•cster Chubb, Mo. Elizoheth A. Cooley, Fla. Belle Sherwin, D. C. Mrs. M•ry Simkhovitch, N. Y. Edwin S. Smith, D. C. George Soule, N. Y. CARTER GOODRICH GEORGE M. HARRISON PAUL J. KE RN CLARENCE A. KULP 131 East 23rd Street, New York City GENERAL ADVISORY COUNCIL Grnce Abbott. Ill. Arthur J. Altmeyer, D . C. Mrs. Lucius Enstman, N. Y. Homer Folks N. Y . Richard Fondiller, N . Y. Wnlter Frank, N. Y. Lloyd K. Garrison, Wis. Mary Barnett Gilson, Ill. Jose!'hine Goldmark, N. Y. l'ranl.: P. Graham, N. C. William Haber, Mich. Helen Hall, N. Y. Alice Hamilton, Conn. Walton H. Hamilton, Conn. J. ]. Hnndley, Wis. Frank E. Hering, Ind. Sidney Hillman, N. Y. William Hodson, N. Y. Harry L. Hopkins, D. C. John A. Kingsbury, N. Y. Mrs. Florence Lamont, N. J. John A. Lopp, lll. Murri1' W. I.otimer, D. C. ~~•~is N. Y. John L. lewis, D. C. Samuel McC. Lindsay, N. Y. David A. McCabe, N . J . James L. McDevitr, Pa. le,fur Magnusson, D. C. Otto T. Mallery, Pa. Frieda S. Miller! N. Y. H. A. Millis, II . Mrs. Douglas Moffat, N. Y. Tom Moore, Canada Vincent J. Murphy, N. J. John O'Grady, D. C. Frances Perkins, D . C. John A. Phillips, Pa. Mrs. Willard Pope, .Mich. Roscoe Pound, Mass. Paul Raushenbush, Wis. Donald Richberg, D. C. William Gorham Rice, Wis. Josephine Roche, Col. Norman .McL. Rogers, Canada W. A. Rooksbery, /uK. Bem:ird J. Rothwell, Mnss. EXEdi.;;~ _ ...MARY ANDERSON { I The enclos ed now print is the 17t h edition of our Workmen's Compensation Standards pamphlet. It notes progress. We need other new material to meet requests f rom legislators and administrative officialsp as ~ell as from private organizations and members. We uish to thank all who have already sent contr ibutions for 1939, and to urge those \'lho have not yet responded to our .January memorandum to send as generous a check as possible . now. It will save us added expenses and enaoura~e us great£\y~. ~ . ,.,. 'l, 9 rtr· 2 -· Faithfully you~8 0 Organized in 1906-Eodorsed by National Information Bureau, Incorpornted �Standards for W o:rlkmenj s Compensation laws AMERICAN ASSOCIATION FOR LABOR LEGISLATION I 3 I East 23rd Street, New York City �ANNOUNCEMENT . Worlonen's Compensation C . , omm1ttee American Association for Labor Legislatio n }OSEPI-I P. C HAM BERLAIN P rofessor of Public Law, Columbia University. R ICHARD Fo N DILLER Consulting Actuary, New York City. LEON ARD \ V. HATCH Forme r Membe r, New York State Industrial Board. A DRIA N V . s. LAMBERT Chai rman, Committee on 1Iedical-Compe nsati on Problems. D. B. ROBERTSON President, Brotherhood of Locomotive Firemen an d Engi nemen. VER N E A. Z IM MER Director, Division of Standards, U. S. Department of Labor. ?- L\ RSFI ALL DA W~ON Compensation E xpert, U. S. Bureau of Labor Statistics. GERA LD H. B RO W N Assistant Deput y Minister of Labor, Canada. B ERNARD ] . R OTH WELL President, Bay State ::..rilling Company, and fo rmerly President, Boston Chamber of Commerce. T. A. \ V JLSOX ;\{ember, North Carolina Industrial Commission, and formerly President, N. C. Federation of Labor. }OHN B . A NDREW S Secretary, American Association for Labor Legislation. Author, "Labor Laws in Action." The seventeenth edition of this pamphlet once more records substantial gains in t he field of workmen's compensation. Notable progress has been made in extending laws to protect more workers, in reducing waiting periods, in raising the weekly maximum limits of compensation, and in liberalizing the allowance for medical care. From the very beginning of workmen's compensation legislation in America, the Association for Labor Legislation took an active part. It analyzed and published upto-date reviews of legislation. It assisted in the creation of official commissions and helped to bring them together in national meetings. It organized the first American conferences on Occupational Diseases and on Social Insurance. It assisted with information, urged well-tested improvements, and pointed out obvious short-comings in projected bills. Since April, 1911, when the first general state compensation law to go into effect and stay in effect was enacted, the movement has spread from state to state, and the federal government now protects its million civilian employees by a model measure drafted by this Association and embodying substantially the standards here set forth, as does also the Longshoremen's Act and the District of Columbia law prepared under its auspices. In extending the legislation to the two remaining states and to interstate commerce employees, and in perfecting the laws which already exist, it is hoped that these standards may help to point the way toward that desirable uniformity in legislation which shall deal liberally with the injured workman and his dependents, fairly with the employer, and justly with the state. JoHN B. ANDREWS, Secretary, American Association for Labor Legislation. �STAND ARDS FOR WORKMEN'S COMPENSATION LAWS Recommended by the AMERICAN ASSOCIATION FOR LABOR LEGISLATION In the opinion of the American Association- for Labor Legislation the following features are essential to satisfactory workmen's compensation laws: "BY ITS WORKMEN'S YOU CAN JUDGE THE COMPENSATION LAW SOCIAL STATUS ·oF A STATE." ,· i I. Scale of Compensation. Assuming machinery to insure the prompt payment of the compensation required by law, the scale of payments is the most important feature of the sy°stem. The strongest argument for compensation to all injured workmen or to their dependents is that shortened lives and maimed limbs due to industrial injuries are just as much expenses of production, which should be met by those conducting industry for their own profit, as are used-up raw materials or worn-out tools and machinery. The whole expense of losses to capital is necessarily borne by the employer. The whole expense of the personal losses due to injuries is the loss in wages sustained and the expenses for medical care during incapacity. The only logical reason for not imposing, through the employers, this entire expense ~n every industry that occasions it, is that injured workers must not be deprived of a motive for returning to work and to independent self-support as soon as they are able to do so. The compensation act, therefore, should provide for the expense of all necessary medical •attendance and for the payment of such a proportion of wages to the victim of the •injury during his incapacity, or to his dependents if he be killed, as will provide for the resulting needs and yet not encourage malingering. The following scale is believed to conform to these requirements and to be the lowest that should be inserted in any compensation law. 1. Medical Attendance. Aside from humanitarian considerations the employer should, in the interest of economy and efficiency, be required to furnish all s ·. , . ., ,. •, �necessary medical, surgical and hospital services and supplies as determined,by the Accident Board. All of the acts provide for medical attend~ce. A~ necl:ssary medical care is provided with neither time nor amount limits in California, Connecticut, Idaho, Illinois, Minnesota, Nebraska, New York, North Dakota, Washington, and Wisconsin; also Hawaii, the Philippines, Puerto Rico, and in the three federal laws -for longshoremen, Government employees and the ~istrict of Col1;1t11bia. Tii:ne limits, ·only: are fixed m Alaska, Anzona, Indiana, Michigan, N~vada, New Hampshire, Texas, Virginia and with authorization for unlimited extensio~s by the Board in Massachusetts, North Carolina, Oklahoma, and South Carolina. Amount limits only, are fixed in Florida, Iowa Louisiana' M.~l~nd, New_ Mexico, Rhode !;land, West Virginia, Wyoming, and with authorization for un~ted increases by the Board .i~ New Jersey, Ohio, Oregon, and Utah. Additional medical care withou~ fixed limit may be ordered by the Board also. m Delaware, Maine, Missouri, and Pennsylvania. 2. Waiting Period. No compensation should be paid for a definite period-to be not less than three nor more than ~even days-at the beginning of disability. If, however, disability continues for 14 days, compensation should be paid from date of injury. In Alaska, Arizona, California, Connecticut, D~la~are, !c4'lorida, Georgia, Hawaii, Idaho, I~ois, Indiana, Kansas, Kentucky, Louisiana, M:une, MaryJand, . Massachusetts, Michigan, Minnesota, M1ssoun, Montana (if dependents) Nebraska, Nevada, New Hampshire New Jer~ sey, New Mexico, _New York, North Carolina, North J?:i,!i:~ta, Ohio, Oklahoma, Pennsylvania, the Philippines, Puerto Rico, Rhode Island South C":1"0¥1:a, Tenne~see, Texas, Utah, Ver~ mont, Vi.rgmia, Washington, West Virginia Wisconsin, and Wyoming, and under the thre~ federal laws, the waiting period is as here recommended. In Oregon and South Dakota there is no waiting period. 3. Compensation for Total Disability. The disabled workman should receive during disability not less than 66fr per cent of wages; compensation not to be more than $25 or less than $10 a week. If he is a minor, he should, after reaching twenty-one, receive 66! per cent of the wages of able-bodied men in the occupation group to which he belonged. All of the acts except those of Alaska (permanent), ~regon (perz:n.anent), WashinKton, and Wyoming base disability compensation on a 4: percentage of wages, rather than on a flat rate regardless of the wages. The percentage of wages here recommended is the same as in Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana (sliding scale), Nebraska, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon (temporary only, and sliding scale), West Virginia, and in the three federal laws. Alabama (sliding scale), Alaska, Arizona, California, Idaho (sliding scale), Illinois (sliding scale), Kentucky, Louisiana, and Pennsylvania provide 65 per cent. Florida (sliding scale), Hawaii, Iowa, Kansas, Nevada, New Mexico, North Carolina, the Philippines, South Carolina, Texas, and Utah provide 60 per cent; while Indiana South Dakota, and Virginia provide 55 per cent'. Wisconsin provides 70 per cent. In Arizona, California, Colorado, Idaho, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New York, Ohio, Oregon, Pennsylvania, Utah, Washington, West Virginia, Wisconsin and under the federal law for Government employees, _compensation for total disability is payable dunng the continuance of the disability. 4. Compensation for Partial Disability. The workman who is only partially disabled should receive a percentage of his wages proportioned to the degree of disability, and subject to readjustment only on account of changes in extent of disability; compensation not to exceed $25 a week, with provision for minors similar to that in the case of total disability. Awards for permanent partial disability should be in addition to total disability compensation paid during the healing period. In case of a second injury Hawaii, Idaho, Illinois, Minnesota, New Jersey, New York, Nor:;th Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Wisconsin, and the federal laws for longshoremen and for private employees in the District of Columbia, pay out of a special fund any compensation in excess of that for which the second injury by itself would make the employer liable. Massachusetts a~d West Virginia have adopted the same princ_iple through somewhat less adequate legislation. 5. Compensation for Death. (1) Funeral Expenses. The employer should be required to pay a sum not exceeding $200 for funeral expenses, in addition to any other compensation. All the laws except those of Alaska, Illinois, Maine, Maryland (in case decedent's 5 �estate is large enough to pay such expense), Massachusetts, New Hampshire, Oklah2JI1a (which cannot constitutionally compef.'sate for death), Puerto Rico, South Dakota and Texas provide funeral expenses in all cases of death whether or not there are dependents. The maximum limit is $200 or more in Connecticut, Idaho, Maine, Michigan, New Hampshire, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Wisconsin, Wyoming, and under the three federal laws, while Alaska, Arizona, California, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, South Dakota, Utah, Virginia, Washington, and West Virginia allow $150 or more. marries, or reaches the age of eighteen unless the child at 18 is physically or mentally incapable of self-support. (2) Compensation for Widow. If living with the decedent at the time of his death, or if dependent, the widow should be granted at least 35 per cent of his wages until her death or remarriage, with a lump sum on remarriage equal to at least two years' compensation. The method of compensation for cases of death recommended in this and succeeding paragraphs is substantially the same as in Arizona, Idaho, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, Pennsylvania, and Vermont, and under the three federal laws. The provision for a lump sum payment to the widow on remarriage is adopted in Arizona, Colorado, Minnesota, Nevada, New York, North Dakota, Oregon, Utah, Washington, West Virginia and in the federal laws for longshoremen, and for private employees in the District of Columbia. (3) Compensation for Widower. If living with the decedent at the time of her death and dependent upon her support, the widower should receive 35 per cent of her wages, or a proportionate amount if his dependency is only partial, to be paid until his death or remarriage. (4) Compensation for Widow or Widower and children. In addition to the compensation provided for the widow or widower, IS per cent should be allowed for each child under eighteen, up to a maximum of 66fr per cent for the widow or widower and children. Compensation on account of a child should cease when it dies, 6 l (5) Compensation to Children if There Be No Widow or Widower. In case children are left without any surviving parent 25 per cent should be paid for one child under eighteen, and 15 per cent for each additional such child, to be divided among such children share and share alike, up to a maximum of 66i per cent. Compensation on account of any such child should cease when it dies, marries, or reaches the age of eighteen unless it is disabled. (6) Compensation to Parents, Brothers, Sisters, Grandchildren and Grandparents if Dependent. For such classes of dependents 25 per cent should be paid for one wholly dependent, and 15 per cent additional for each additional person wholly dependent, divided among such wholly dependent persons share and share alike, and a proportionate amount (to. be determin~d by the Accident Board) if dependency is only partial, to be ~ivided among the persons wholly or partially dependent according to the degree of dependency as determined by the.Accident Boar·d. These percentages ·should be paid in cases where there is no widow, widower, or child. In other cases members of this class should receive as much of these percentage/> as, when added to the total percentage payable to the widow or widower or child, will not exceed a total of 66! per cent. · Compensation to members of this class should be paid only during dependency. • (7) Compensation for Alien NonResident Dependents. Aliens should be placed on the same footing as other dependents. In Alabama, Hawaii, New Mexico, the Philippines, and South Dakota, alone are alien non-resident dependents expressly ·excluded from compenstion. (8) Maximum and Minimum Compensation for Death. The wages on 1 �which death compensation is based should be taken to be not more t ~ $37.50 per week nor less than $15 per week; but the. total amount of the weekly Compensation should not be more than the actual wages. (9) No-dependency Death Cases. If there are no surviving dependents, the insurance carrier should be assessed at least $1,500 for the second injury and rehabilitation fund. 6. Commutation of Periodical Compensation Payments. Necessary in exceptional cases, lump sum payments should, however, be carefully safeguarded against abuse and should be permitted only when for the best interest of the beneficiary and with the approval and under the supervision of the Accident Board, after thorough investigation. 7. Legal Fees. No contract for legal services should be valid unless approved by the Accident Board, which should be authorized to be the judge of the reasonable value of the services rendered. II. Employments to Be Included. It is believed that sufficient progress has now been made in public education on the problem, and in the development of efficient and economical machinery for insuring the employer against his compensation liability, to justify the inclusion in the system of all employments. The only exception which should be made is of casual employees in the service of employers who have only such employees and who, therefore, cannot fairly be required to carry compensation insurance policies. Such policies, on payment of a small additional premium, are now drawn so as to embrace casual as well as regular employees. No serious burden is, therefore, entailed on employers, even of domestic servants, in making them liable to pay compensation to casual employees. Farm labor and domestic service are still exempted from the operation of the act in nearly all the States, either expressly or indirectly. Casual employees are excluded either in whole or in part by most laws. 8 III. Injuries to Be Included. Compensatio. should be provided for all personal injuries in the course of employment, and death resulting th erefrom within six years, but no compensation should be allowed wh ere the injury is occasioned by the wilful intention of the employee to bring about the injury or death of him self or of another. The act should embrace occupational diseases arising out of and in the course of employ ment, which should be considered personal injuries for which compensation is payable. The principle of limiting the time within which death must occur in order to form a basis for compensation is found in Alabama, Colorado, Conn~cticut, Delaware, Florida, Hawaii, Idaho, Indiana, Kentucky, Louisiana, Maryland Missouri Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Pennsylvania, Puerto Rico, South Carolina, Utah, Vermont, Virginia and West Virginia, and in the federal law for Government employees. The principle of excepting injuries caused by the wilful intention of the employee is found in the three federal laws and in all States except Illinois, Massachusetts, and Montana. Occupational diseases are compensated in California, Connecticut, Illinois, Indiana, Hawaii, Massachusetts, Missouri, New York, North Dakota, the Philippines, Wisconsin, and under the three federal laws, and to a limited extent in Delaware, Michigan, Kentucky, Minnesota, Nebraska, New Jersey, North Carolina, Ohio, Pennsylvania, Puerto Rico, Rhode Island, Washington, and West Virginia. IV. Other Remedies Than Those Provided by the Compensation Act. One of the weightiest arguments against the outworn system of employers' liability is that it causes vast sums to be frittered away in law suits that should be used in caring for the victims of accidents. To avoid this waste the compensation provided by the act should be THE EXCLUSIVE REMEDY. If the employer has been guilty of personal negligence, even going to the point of violating a safety statute, his punishment should be through a special action prosecuted by the State factory inspection bureau. Likewise, if he has failed to insure, he should be penalized by being made subject to a penal action prosecuted by the accident board and by increasing his liability for compensation. 9 �" Suits for damages are not permitted under any circumstances in several states including Alaba;»a, Alaska, Hawaii, Idaho, Louisiana, Maine, Penrtirylvania, Vermont, and Wisconsin. most rigid regulation to guard against 'in~olvency, to insure just settlement of claims, to prevent wasteful practices and exorbitant rates, and to eliminate unfair competitive methods; V. Security for the Payment of Compensation Awards. The supreme tests of a compensation system are, first, the incentive provided for reducing accidents to the utmost, and, second, the promptness and certainty with which compensation claims are met. The strongest incentive toward prevention results from imposing the whole expense of compensation upon the employer. The irregularity and uncertainty of accidents, however, make this policy inexpedient for small employers with limited financial resources. Security can only be attained through some system of insurance. Employers should, therefore, be required to insure their compensation liability. Insurance in commercial companies is not _allowed in Nevada, North Dakota, Ohio, Oregon, Puerto Rico, Washington, West Virginia, and Wyoming, and sentiment is rapidly developing in favor of such exclusion elsewhere. 4. Insure in a State Insurance Fund managed by the Accident Board upon the same principles and subject to the same general requirements as those governing Mutual Insurance Associations. State insurance is authorized in Arizona, California, Colorado, Idaho, Maryland, Michigan, Montana, Nevada, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylv~a, Puerto Rico, Tennessee (for coal_mines), Utah, Washington, West Virginia and Wyoming. Alabama, Alaska and the Philippines are the only States which do not require in some form or other the employer to secure the payment of compensation either by insurance or by the giving of a bond. • Failures of private casualty companies -with resulting tragic loss both to injured workers and their employers-have given additional impulse to adoption of State Insurance Funds. ly.loimting insurance costs have likewise led to increasing use of State Funds. In accordance with the plans of insurance at present provided for, .employers may either: 1. Maintain their own insurance fund subject "to the approval of the Accident Board or other administrative authority; Massachusetts, Nevada~ North Dakota, Oregon, Puerto Rico, Texas, Washington and Wyoming do not permit employers to carry their own insurance. 2. Insure in a Mutual Association authorized to insure compensation liability; Insurance in a mutual association is permitted in most States, including Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia and Wisconsin and by the federal laws for longshoremen and for private employees in the District of Columbia. 3. Insure in a commercial company, such companies to be subjected to the 10 .I •VI. Organization of Accident Board. It is essential to the successful operation of the compensation system that an Accident Board be created. This board should_ consist of three or five members appointed by the Governor with the consent of the Senate. The board should have power to employ necessary assistants, including an independent medical staff, on a merit basis with security of tenure. Its members should be required to devote their entire time to its work and should not be permitted to •carry on any other business or profession for profit. The cost of administration of the compensation law should be equitably distributed among the insurance carriers. Accident boards are provided in the three federal laws and in all of the States except Alabama, Alaska, Louisiana, New Hampshire, New Mexico, the Philippines, Rhode Island, Tennessee and Wyoming. 11 �i> VII. Procedure for Settlement of Compensation Claims. Careful provision shdi!nd be made for rigid state supervision in the determination of all claims for compensation. A decision by a member or an authorized deputy of the State Accident Board should be conclusive, unless appeal therefrom is taken to the entire Accident Board within a specified time. The Accident Board's ·disposition of the case should be final and conclusive unless appeal therefrom is taken within a specified time. Appeals from decrees of the Accident Board should not be allowed, except on questions of law, and should be carried direct to the highest court. VIII. Reports of Accidents. The law should direct the administrative board to use the Standard Accident Reporting Blank requiring full and accurate reports of all industrial accidents as a basis for computation of future industrial accident rates and for future safety regulations to decrease or prevent accidents. IX. Rehabilitation. Restored earning power is of more importance than distress relieved. The administrative board should therefore be authorized to encourage, cooperate with, or conduct enterprises for the re-education and rehabilitation of injured persons. Provision should be made for maintenance during rehabilitation. Forty-seven States and the District of Columbia already make provision for aiding industrial cripples to secure re-training, re-education or reemployment. Delaware still lags. The essential features of workmen's compensation law here outlined are urged on the basis of a careful study of the whole question and of the compensation legislation of all the States. As one of the functions of the American Association for Labor Legislation is to promote the enactment of adequate and more nearly uniform labor laws, it earnestly recommends to the careful consideration of legislators and of those who are interested in social progress the country over, the foregoing just, reasonable and progressive workmen's compensation standards. 12 . ' • " l esp ecially lik e the way t he org a11 izatio11 co mbin es th r scir11tific m ctl,o d with th e pra ctical rernlt -g elli11g spirit." " T h e Asso cia tiou has ed11ca t ed th e p11bli c, aro11u d p 11 blic int erest, se cured th e pa ssage of ht·111•fi cinl l rg islntio11." The American Association for Labor Legislation is a general welfare organization with headquarters at 131 East 23rd Street, New York City. It is supported entirely by contributions from its thousands of members representing all groups in every state in the Union. If you wish to be kept in touch with this expanding work you should become a member. Membership will entitle you to many privileges in addition to the publications, among which is the quarterly American Labor Legislation Review. The minimum annual subscription is $3. A good time to become a member is now. "[ /,ave brr11 a reader of th e AMERICAN LABOR the first day lo tMs day, a11d have fo1111d it i11dispe11sable i11 trying lo keep up w it!, the devr./oprn e11t of social lcgislatio11 i11 tl,e U11ited S/a/es."-CHARl,ES A, BEARD. LEGISLATION REVIEW from �( I ~ Workmen's Compensation Map ; of the United States and Canadian Provinces .. CJ No Compensation Laws. Compensation Law, but no State Fund Compensation Law, with State Fund. Can your State measure up to these standards? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource American Association for Labor Legislation & Standards for Workmen's Compensation Laws Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1939-02-02 Subject The topic of the resource Information regarding the standards for the laws regarding the Workmen's Compensation Act. Description An account of the resource An 11" x 8.5" document with a 9" x 4" white and orange booklet with black text. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John B. Andrews Identifier An unambiguous reference to the resource within a given context 1-0167 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/7ca1cfba346e7779995419e6c11c62ea.pdf 23d8f97a7661403758d659b2463223b5 PDF Text Text Special File No 1 , 184 WORKMEN'S COMPENSATION Individual cases involving ROCK SPRIKGS FUEL COMPANY 1933 - (Also Rock Springs Fuel Company vs T. s. Taliaferro, Jr. Controversy) �r. f , • THE UNION PACIFIC COAL COMPANY Ro ck Sp rings, Wyoming l:N REPLY PLEASE REFER TO OFFICE OF Attorney July ,11, 1 9 39 NO. Mr. I. N. Bayless City Dear Sir: I am s enct · n g you copy o f le t t er written to John Luc a s. I cio n ot su ppo s e my protes t wil l have any effect but whe ther it h a s or n o t , I fe el , a s an employee of the co al co mpan ie s of Sou th ern Wyoming , th a t I should register my p r o t e st. Yours trul y, /,I TST:ga �/ July 11, 1039 .• Mr . John Lucas, Presio.en t Ro ck Springs F-\lel Company Ro d\. Springs, Wyoming • De~r Slr: RC: Jo e Riedel. Referring to the 1:-njury of Joe Riedel, employee of Rock ,Springs Fuel Company, v.ho was injured ;:arch St.h, 19~9-, by a fall of rock : I utderstand that he ls going to· the Veterans Ho·s pi tal at Cheyer..ne for further treatment . I do not understand that the Hospital Comu.ission is sending him, but c.s. to this I Tioulu lik e to know. If this -r;orkman goe~. to Cheyenne, ~nd to the hospi te.l , I would st:rongly recor::~::iend that the Rock Springs Fuel Company take tha:t opportunity to have two or th'l"('I'? Cheyenne snrg!;:on s examine the workman, as I !llll not at all sE..tisfied with what the so-called "1.!.edica.l Advisory Doierd 11 reported on J'une f.O, 1929 . Indeed, as I exi;ressed to you, I a:.i not in sylipathy rl th- this Boll.rd, ana I have little co1ifi<ien c e in lts re9orts. The Do ard is t ..ot f'unctioninb in the ,ay th&t I l'las g-iven ito under s tand it :· ould function, vhen l t t,; s cre;;tec.. Then it v:a s supposed to rP.nder it.s service ¥:hen the coal operators s.9ecifi c R.lly nnd especially called ·.J:pon it, in oxuctly the sn- J ~ eianner in ,~hi ch I would. have these Cheyenne surgei:>ns exautin~ this rro rkman . In s tead of th~~, thls Bccrd is c~lled into sestlon s by a l ~yruan,F" aria they ove:rrio.e., dictate a11d u~rp th~ por:er of ~ cal!'.!p s~r~eon . Tney is su e ::.. s~b_µoena to your camp surgeon , r:ind ~-h 0 c a..!p ~urgeon is. subservient to their oict~tion, v:hat ever may be th~ diff~rPn cP. of o.iinipn b et· eet.i th::- c an~• surge .'!J f..:!;d th~,s~.l.vo :.: . 1 t y opinion 1 s that this Board should be abolished, as it has outlived lts usefulness, and i s o f no ~arthly use . Yours truly, P.S. The surgeon that I ·would pick out in Cheyenne would b'3 Doctor Galen A. Fox, division surgeon for the Union Pacific, and who I know to be skillful and cons.i derate. I would then ask Doctor Fox to take with him two surgeons of his own selection. ·.rs-r: ~a T.S.T.Jr. CC-I.N.Bayless �COPY THE UNI,OM PAGIFI O COAL com, .ANY Pl,oolt Springs• Y!yQming Office of JUly 11, 1939 ?Jr. I. N. Bayless Oity Daar Sir: I mn sending you copy of letter· \'11'it0en to John tucaa. I do not auppooa my protest will have any effect but ~hather it has o~ not, I feel, as an employee of the coal oompanies of Southern rJyo:.ning, tha.t I E':1 ould register my protect. Yours truly, (Sgd.) TST:ga T. s. Taliaferro. Jr. �COPY July 11, 1939 M.r. John luoae, President Rock Springs Fuel Company Rock Sp rings, Vlyoming Ref erring to the injury of Joo Rtedal, 01Dployee of Rook Springs l?uel company, ·who t1as i n jiu."ed !!a.rah 8th, 1939, by a fall of rock: I understand that he is going to the veterans Hospital at Cheyenne for further treatme:-1t. I do not understand that the Hospital Oommiasion ia sencliac,; hlm but as to this I t·1ould lika to ?mow. If this uorkman goes to Cheyenne, and t Q the hospital, I wuld s·trongly reconM3i1d that. t he Roolc Sprl:ngs FUel Compa ny take that opportunity to have ttw or three Cheyenne surgeons aitemine tho uorkman, ae I am not nt all satisfied 'l'Jith '1hat the no-called "~adical Advisory Boa1"Cin reported on June 30> l9J9o Indeed, as I expreaged to you, I em not in sympathy with this Board, and I have little confidence in its reports. The oard is not functioning in the ue:y that I Ylas given to undoratand it ~culd function, ~hon it uas. created. Then it ,vaa supposed to :rsnder its servioe \,hon th0 eoal operators •specifically and eapeaially ealled upon it, in exactly the earns manner in uhich instead of that, this Board is called into seoeions by a layman, and they override, dictate and usurp the pouar of a camp surgeon. Thay issue a aubpoan& to your camp surgeon, and the camp surgeon io oubservient to their dictation~ whatever may be the difference of pPinion bet,:een the oamp surgeon and themaelvea. Tu'iY opinion is that this Board should be abolished, e.s it has outlived its usefulness, and is of no earthly use. Yours truly, (Sgd.) T. s. i a.l ia.farro, :rr. P.S. The aurgeon that I would pick out in Cheyenne would be Doctor Galen A. Fox, di vision surgeon for the Union paoiU.o, and who I know to be skillful and considerate. I uould then ask Doctor Fox to take with him tuo surgeons of bis own selection. T. S.T. Jr. 00 - I. N. Bayless �Copy for hlr. Georg e H. Pryd~ Th e Union fb ciric coal Co. February 21st, 1935. PERSOHAL llir. John Lucas President., Rock Springs ~uel Company Rock Sprin~s, Wyominz ( • I received to day a check f1·om the Rock Springs Fuel Company, signed by you, for ,·,hich I desire to eJtpress . mr per- sonal appreciation. . \'!11110 1 t is tru e that !'or t!1.e past siJt months I nave performed po direct nervic e f'or the Rock Spi•ings Fuel Gom;pr-n1y., / yet the fac t r emains that i:n an indire ct manw~r I have performed nuch uork for every coal company opera ti1,g ~n South\;; estern i~yoming. I navG a ca.s o now for one of the Rook Sp:rin g;s co al companies in the Supr ewe court of "~yomi ng, u pon r:ll ich I b 2. ve giver..l a tremendous umount of l a bOI',9 1.o t becaus e t he co c.1 company uas, in terms, desired i t , or ro,rues t ed thc=.t I snould t ~ke th e ca se to the Suprai."le {.;ourt.:> but I am doi ng i t bac~u s e o. priuciple, affocting every co f\l company in sou t llwester n ·~i.:yorningJ) is i n volved. 'io • sr,ow y ou m1e 0l ~ment in t llB c:;sc~: Abou t '~w~n t y surgeons, sca .;t el'ed 1·rom :Uonver to Sal t L nke, e:-.amiu0d t il e r1orli:man, took X-r ~y pictu r·e s, and can f i nd no evicterwe oi' any injury. l .w1ong tnos e t,1en t y su rg eon s \7e r e Do c ·~ors Arboga st and Roe, who were t he r;ori'. .ilitu.1 vs en.mp su rg 0onz. 'I1he -:;:; orkrnan then employed an ost c opnth., -.;:.b.o ou1•11ed him r1i th el e ct ric lamps. A con~;iderr~ble time aftt;)rr:arci.s , and an.er he \'ia s discharged from t he Vetertms 9 ilosp1 tal, Bt Dewrer, n e \'? e:ut to Doctors Luu li:er m'.ld Sanders. Doc·tor Lauzer t esti:ri ed to t h e court that all these otl'ler surgeons t, ere v, :rong .11 l:nd that tho ymrkman h a d been injured 25;{ of • 11 p0rr;:ian e11t tot al di sabili t yn. irn soon as Doctor Lau i~er got off t he st and his part.ner.11 Doctor Sanders, ,n:::.s sv:orn, anu testified that th0 norkman had bee:n injured 75% of 8 permanen-c total dis- a bility"o Does not this show that somebody must not only· watch adverse coal legisla tion at Cheyenne, a dverse coal legislation at Washington, the desire or many smaller business men tnat coal mines be exo1·bitantly taxed, bu·t . al so does it now shov; ttrn.t • somebody must watch even the camp surgeons, when t; V70 pt:,lrtners, te stifying · practically at the same time, would have a spread ot J2,ooo . oo . betweeu them in only one inJur~? for 't.he ~ram taking this case to the Suprem~ court chiefly the unre!1abli.it~x 0 iai~~g to tne_attention of the Judges 8 doctors partners, an~ ~:.~a~e~~:unony,; that here are two sur eon; one of them, Doctor t...a.u;_!-~~.,_~~f! 0 f tv:enty othar ..• ang '"l 000 00 for "permanent ~ur~ifil <l-l:,5a·t1l;:.t!t;y: t~:l.s workworkman' ,.·i o ,hj_oJ.ooe .oo. o.is . mpart ~e~ , Doctor Sanders., woulu give tnis . 0 can any · business survive tli~t is to b a system? Somebody nas got to m£1ke the ttght cot to take the blame and tne enmity. ?our ■ t~, ~-h , , ·•--' ~ e looted by SUch 01'.ld somebody has �STANDARD IWH0,000 FORM 2103 SUBJECT : THE UNION PACIFIC COAL COMPANY . OFFICEOF Rock Springs, Wyoming December 29th, 1934. IN REPLY PLEASE REFER TO NO. Attorney PEIRSONAL Mr. George B. Pryde City Dear Sir: In regard to your conversation with John Lucas upon compensation matt ers: Since you left, Glen Stanton came to my office, and asked for an extension of time for t he filing of a brief in the Supreme Court in t h e Kopro wski case. The law is that the Attorney General represents an injured workman in the Supreme Court, but t h e stipulation f.or additional time to file the brief shows that the application is made by Glen _G. Stanton, Joseph H. Galicich and Ra y E. Lee . Of course, t here is no ob j ection to Koprowski having as many lawyers as care to look a fter his interest, but the fact that Stanton is associated. with Wal ter A. Muir, and Walter A. Mui ✓is rep resen ting John Lucas' coal company, and Glen Stanton is representing Ko pro wski, simply means that he is representing Mr. Muir in an indirect manner, because J-ohn Lucas does not ~ant Mr. Muir to come out in the open. In sending these notices to the coal operators, I am not going to send a notice to John Lucas. If you care personally to invite him, of course, I have no objection, but Lucas has been playing double for several years. Yours truly, _. ✓--;; TST:ga ~ �FORM 2103 SUBJECT / 1:JfoA/lD v r ./ ,000 / ~7 . UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. IN REPLY PLEASE REFER TO November 13th, 19.33 Attorne NO, Mr. George B. Pryde Vice Presi dent and General Manag er The Union Pacific Coal Company City Dear Sir: Referr i ng t o your l et te r of November 10th: I feel that every reasonable pressure should be brought upon the Rock Spring s Fuel Company to compel it to live by its agreement, when about a year ago Mr. Lucas agreed t ha t th e wr i ter shoul d represent the Rock Springs Fu el Company, in conjun ction with all of the coal companies of Southe r n Wyomi ng, which, of cour s e, inclu des the Kemmerer Coal Company and t h e Di &monn Coal and Coke Company . It Viould be ex tremely embarras sing i f the Rock Springs Fuel Company should be at loggerheads, through its attorney, ·with what the rest of us are trying to accomplish. This would inevitably result, bec&u s e the combination between certain surgeons and certain attorneys is diametricall y in opposition to anything and everything which, to the writer, appears legal and just. First: In the revision of the statutes, the Board, of which Mr. N. R. Greenfield was a member, eliminated,(of course unwittingly and ignorantly,j all limitations as to when judgments may be set aside on account of newly discovered evicience. • i This was the most unreasonable, dangerous and radical legislation that any American State has ever attempted. A letter from Mr. Massey Holmes of the Central Coal and Coke Company, dated July 3, 1933, in reference to this, states: "This seems to me a very disturbing precedent, and I hope you and the other employers will take all steps possible to effectuate some finality at some time of awards or judgments of this nature". Judge Tidball, on June 27th, 1933, stated in a decree: "Under the law as it nowreads, there is no limitation on moving to reopen a judgment on account of newly discovered evidence. At the time of the injury, of course, and of the filing of the petition, there was a one year limitation, and perhaps that might apply.n �. This matter is so serious, especially to employers of labor, that I have fully made up my mind, in a quiet way, a t the Special Session of the Legislature, to point out the dangerous and revolutionary character of the statute, as it now stands, and to ask that the same be amended so tha t it will be in conformity with the law of ever y State in the Union, and perhaps with the law, wherever English law prevails. I do not feel t hat I can di scuss this matter at the proper time with a meeting of t h e operators with the Rock Springs Fuel Company, actively in conflict wi t h me , and with my ideas, which is surely to result if Mr. Lucas persi st s in hi s cour s e. I simply canno t , f or many reasons, work with Mr. Muir. From my conver sations with Jlr. McAu liff e, I am quite su re that h e ha s experienced, in his business life, men v1hom it was perfectly impossible for him to work with. I think I have he ar d hi m so exp ress himself to me. Second: I am pr epa r ing a t the fi r st opportunity to take to the Supreme Court, for constru ction , the am endmen t , whi ch we ma de at the last session of t h e Legisl a tur e, looki ng to t he prevention of the "pyramiding" of " t emporar y t otal disabi lit y" awar ds ·with "permanent parti al ciisabili t y 11 awar ds. We have a larg e number of cases on hanci, in which the employee would be perfectl y satisfiea. to go t h r ough the r emainder of his life, drawing 11 temporar y total disabi lity " awa r ds, and will go until those a\·;ar ds have reached t h eir maxi mum amoun t s, and upon which the employee v:ill claim "permanent partia.l di s a bili tyn, i f not "permanent total disability". I think you have one or t wo ca s es -of this sort now brewing in ·rhe Union Pacific Coal company. This cl a ss of ca ses is well illustrated by the Lincoln Young case,for whom I have an order from the court to send to Denver for examination. The statute, as amended, in February, 1933, expressly says that v-.1here there is "permanent disability", the "temporary total disability" shall be allowed only until the 11 healing process" has reached. Our surgeons are paying no attention to this law, and I have every reason to believe th2.t they are being advised by some of" the lav1yers who are proclaiming themselves the friends of' the injured workmen. I am waiting to get a good case to take to the Supreme Ctsurt, if necessary, for a construction of the law. It would be particularly annoying to me to be hampered in this matter by the Hock &prings Fuel company, ana. I think that you have the influence with the directors of' that company, including hlr. Facinelli, and Mr. Bunning, to make them see that it is not to the interest or the coal operators, or to the interest or the Rock Springs Fuel company, to go back upon its agreement as to legal representation. Of course, you understand so far as aesiring to represent Mr. Lucas, if this thing could. be separated and divided, I would be glad that Mr. Lucas should go his way. His enmity towards me has no foundation, �except that I have refused to allow stipulations to be made in violation of the statute, and have insisted on the Rock Springs Fuel Company living up to the statute, without waiving statutory limitations, etc. Mr. Lucas thought tha t the 11 money" belonged to the Rock Springs Fuel Company, and it ought to be able, at his suggestion, to do what he chose in the premises. Of course, this thought is entirely erroneous. You will recolle ct that a year ago, I suggested that I was willing to do t he work t hat the Hock Spring s Fuel Company had without any remuneration, rather t han to have it break the representation. I still make t11e s ame offer . However, I mig h t add t hat the Rock Springs Fuel Company has pai d me nothi ng since t hat off er was made. Whether it considers that it ovves me anything, or not, I do not kno w. I have no thought one way or the other . Yours truly, ~~..........,,_., \ TST:ga I W �!JP Rock Springs - Nov. 10, L)33 si r. T. s. Taliaferro, Jr.: I thank you for your letter of the 9th instant, together v: i th 6'1 clo sures. wh ich I am returning herevri th. I we nt ove r the exact t h ing s you me ntion in your l e tter with tlr. Lucas . a dvising h i m th a t he wa s not only jeopardizing his own compens a tion c ases b ut d oing everything ~ossible to embarrass all of the o ther Companies; th&t in this matter of comv en sation, we should a ll stay to ge ther ,nci that you should hanule thos e cases. I also called hi s att e ntion to the fact that he had been under .. any obligations to The Union Pacific Coal Company and the Railroad Comyany, and s:b..oulci go along vii th their officers. I shall have another talk v; ith him a 6 a in ,•,hen he returns from his present trip. It is quite a comi->limen t to you to have ?:i:r. Reid / make the request that he does in his letter. t" �sr.,, •..,, FORM 2103 ., SUBJECT: PERSONAL 1o-a..10.ooo THE UNION PACIFIC COAL COMPANY Rock Springs, Wyoming. IN REPLY PLEASE REFER TO OFFICE OF Attorney November 9, 1933 NO. Mr. George B. Pryde City Dear Sir: I was most interested in your letter .concerni ng John Lucas. This is one of the funniest t hings that has ever come under my observation. I went to Washington, D.C., and got t h e Rock Springs Fuel Company its track, which was one of only t wo tha t Mr. G2..r field would allow. I spent a month at Washington doing this, cramped, every day, except Saturday afternoons, and Sundays, from nine until five o'clock, in a little, old, temporary buil ding, waiting an opportunity to see Mr. Garfield, knowing that if I was called, and not present, that my time was forever lost. • I again went to Washington t wice, and obtained the very land that the Rock Springs .fuel Company operates, after a contest, as you will remember, with the Union Pacific in the matter. I defended a suit, amounting to over $30,000.00 in damages, because Lucas had treated his • coal agent in Omaha, with the same degree of injustice as he no~ treats me, breaking his contract, without saying a word, and without any reason. I care nothing about Lucas, or the Rock .Springs l''uel Company. They have had exceptionally splendid service at my hands, as Victor Facinelli and Chris Bunning can tell you, and which you pr6oably know yourself. John Lucas has been favored by the Union Pacific Coal Company, and yet, right at a time when there should be unity of action, unity or thought, unity of policy, he wants to bring into the Coal Operators Association discord and strife. Almost every coal operator has protested to me against Lucas' action in this matter .. To show you that Lucas, knowingly and willfully, misrepresented the Colony Coal ~ompany, I inclose a letter, which I received from the Colony Coal Company, and which you will please return. I will grant that Mr. Lucas has the right to employ any attorney he sees fit to employ, but I deny that he has the right, receiving as many favors as he does receive from The Union Pacific �FORM :Z.103 SUBJECT: THE UNION PACIFIC COAL COMPANY IN REPLY PLEASE REFER TO OFFICE OF NO, Coal Company, to try to 11 buck 11 The Union Pacific Coal Company, and the interests of all of his associ a tes~ Under th e present si t u2.tion,' I shall al ways feel embarrassed, because I will al ways feel t ha t with the Rock Springs Fuel Company there can be no 11 f'ree expressionn of wha t I think, and it presents to .t he Judge 01· the District Court a re udic.tion of the 11 slant 11 that I have been trying, and have succeeded pretty well in giving to the administration or the compensa tion law. I think this phase of the matter shoul d be carefully considered by the Southern Wyoming Coal Operators Association. I received this morning t he inclosed letter from Mr. Reid, in which he ackno wledges using one of th e arguments that I made to Judge Tidball, and in whi ch he ask s me to file a brief, as a friend of the court, in a case which comes down from the Sugar Factory at Torrington. Of course, I shall do it, in the interest of the Rock Springs Fuel Company, and John Lucas, just as much as in the interest of The Union Pacific Coal company, and the Kemmerer Coal Company. Please return Mr. Heid's letter. Yours truly, ·" Dictated by Mr. Taliaferro Transcribed after he left for Casper. �THE COLO N'Y CO AL COMPANY DINES, WYOMING Nov. 6, 1033. Mr. T. S. Ta li ai'erro, Jr. , Attorney at Law, Ro c:k Springs, Wyoming . Dear Sir: The writer fully shares the vie ws e:x pressed by you in your circula r 1 etter of Nov. 3ra, relative to the actions of M. r. Muir and Mr. Lucas. It is a pity that you a v parent ly cti d not have the kno wled g e tha t the opera to r s pa ici Mr. llJ!.ui r t 3OO .00 thru the medium of the Southern V/yoming Coal Operator's Asooci ation c: nd at the instigation of Mr. Lucas, to attend the l a st legislative session to work magic in behalf of the operators. The writer a lone opposed the action and feels that pa rag raph four of your letter shoulo be supplemented in some manner with this .fact, the thought being that in the future the operators might reflect on the wisdom of subsidising whoever Mr. 1..ucas might desire to e mploy. Yours truly, ( sgd) WDB-W cc Mr. A. N. Fancher. copy W. D. Bryson �J'iEID & MORE Tor ring ton, Wyoming October 26, 1933 Mr. T. S. Taliaferro, Jr., Rock Sprin g s, Wyoming. Dear Judge: l retu r n herewith your Answer Brief in the Sam Xirakis compensatio n ma tter a nd I appreciate very much the c ourte s y which prompted you to send this to me. ln our c a se o f Wilson vs. Holl y Suga r Corporation o ri ef of t he various state 1 aws ap plying to · her ni a at len g th a no have €c, il!Ten you erect it in the brief for r1a ving, suppli ed the same. I have quoted your I have h ad an ex tra copy of the brief prepared which I a m e:,lad to enc l ose herewith with my compliments. I hope th&t there ma y be s ome material in it that will spa.re you some ·,n ark at a future time. It occurred to me that this case affords an opportunity to make qui t e a little bit of hernia law in the State ano th a t your Cleiilm might be interested in h aving you file a brief in the c&se as amicus curiae. With kindest personal regards and all good wishes, I am Yours very truly, lsgd) Erle H. Reid EHR:CL Enc. 2. Fina I have extra copy of transcript of evidence and enclose same . Reid. copy �Rock Springs - Mov. 8, 1933 ----- PERSONAL Mr. T. S. Taliaferro, Jr.: Referring to your personal letter to me under date of November 3rd: I called Hr. Lucas in yesterday, this being the fi r st opportunity I f ound him in town. I d iscu s ed the matt e r compla ine d of in your ietter, G.nci he s e eme d to t h i nk t h a t h e 8h o ula hanol e ll i s o wn law ousiness as he v-ished . .I told him it wa s not a q uestion of la.w busine s s, b ut a s f a r a s t he Comp ens a tio n Law was concerned, we had p.e,,reed to 0 0 a lo ne, all to b ether. L!l.r. l.ucas stated that the Colony Coal Co mp any wa s not go in 6 a long , b ut in his presence I phoned l'Jr . Br y son, ih o advised tha t all compen- sation cases for t h e ir co mp any n ere g oin g through your of'fic:e as agreed to by llr. Dines a na llr. McAuliffe. I do not kno vi 1,7bs. t act ion :Ur. l.ucas will take, but / I told him tha t he vrns pursuing a course which v10ulo. result only in trow.bl e for him and. for the other coal operators in this state. �PERd lllAL ~ THOMAS 6 1:!DOON TALIAFERRO~"R ~ ATTORNEY ANC COUNSEL.OR AT 1.-J!t,,.W ROCK SPRINGS,WYOMING Mr. George B. Pryde City November 3rd, 1933 Dear Sir: ~he writer notes, that without any notice to him, the Rock Springs Fuei Cqmpany, John Lucas, President and Manager, is having Mr. w. A. Muir appear in court in its compensation cases. • Personally, the writer would rather not have the bus~ness controlled by John Lucas, for the reason that Luca~ has that disposition which demands that c!- 11 hig_her intelligencen must conform itself to his theory, that the attorney _and counsellor must obey the client, even .in those ~atter of which the client has not the least knowledge, skill or understanding. Over a year ago, Mr. Lucas did the same thing, but ,.changed his mind. Mr .. Lucas, in tran~ferring the legal business of the Rock Springs Fuel Company, is, to my mind, committing a positive wrong against his associated coal operators. It mus~ qe remembered that Mr. Muir is making his campaign for the May:oral ty upon his interpretation of ~he fl industrial ethic_sn and the 11 industrial laws". This is well known by everyone who .coJnes in contact with the publiG. It was W. _A. Muir, who is largely the author of the theory that u every man who works in a mine _get~. a broken backu, a theory that is giving the coal operators much Goncern, and a theory that is be~g advanced by some of the medical profession. It was W. A. Muir, who ~rew and presented the outrageous and foolish amendment to the compensation ..law, for the last Legislatqre, so q_u trageous, and so foolish, that even .the recognize_d heads o~ the United Mine Workers of America repudiated it,. notwi_thstanding_ it was in the .hand.~~of. a State Senator from Sweetwater County, and was .b eing .. exb.ibi ted to the members of the Legislature as .the product of a 11master mind11 • I think, for the best interest of the coal operate~s,· -thi·s -letter shquld be treated as confidential. Still, I think the coal operators ought to know that the Rock Spri~gs Fuel Company is driving, at a most precarious time, a nwedge~ which is intended to split the unity of the coal operators. There is not a coal operator, but who has, at the present time, a Koprowski case 11 to face., an4. why, wi~.h the difficulty of 11 fractious doctorsn, Mr. Lucas woul.d want to bring into the body "fractious lawyers, is more than the writer can tell. 11 Yours truly, TST:ga �1933 April 20, l9S3 IJro John Lucas, Prosid€:!nt Bock Springs Fuel Company Rock Si;rings, \iyonine; In :re~ Enrique L1uniz A letter from Ilr,, Ga licich,11 dated Aµ ril 1 9 , stat0sJ) amonc other thiugs 0 the follot7ing ; nturthormors:, tho e:nploye:;: i s not only rtllling to pay t _h a a!uount of cc;nnpensation requested, but :Lr. very m_ ·D:ious to have the rno.tte:r aisposod of o 11 Bone tiue at your convenience I VJ:1.sh you rrotLd drop into rny office so that I may definitely urcle:,... stand '.-:rheth o,. or not 1-;; ts the r.d.sh of the Rock Sp rin15s Fuel Company ·to s·ci pul ate f'o1~ cor:1, nz0.tion ::1•nu?d s as tho same may bo r Eiquested 0 l"athGr t,11!.en in tho l!!nm10x· fi:zed b y law .. I do not overJ.ooL~ t hG i\::.c't -·~he.t om:' loc3·.!. surg:2ons have kno\7ledge., sltill, und undors·ca.ndin,:P and t but ti10 County ~m6. ?1 oso cuting Attorney 1s by la\7 the attoin0y for· the Fiorkt1ta,"'lp ..,.nd -th,d; th o 3 U1'880ns ar0 the paid e:::iploy aes of the r:-or1rncJ1~ If t l.cs m~ ::-·c,..J·1s ~,u .i 1~· c Prosecuting -Attorney have th0 business vision proport on att::ly a:J they lave l:no \:ledg<?., skill, and understandine in their pi~ofessions; they v:ould plninly see that th,ey o.re helped by mi xof• ~al 'to bo influ enced in tho lc~st by the pz-essure v1hichl> as the 1 11 e~ployeGs of tho □ iners, they nre subjected to. If I became pliable, they ,-;ould have no defe:..1s0 11 "°,n d they •r,ould become us helpless as the surgeons that used to examine the Civil ~Inr veterans fo:r pcmsions o I DD not dcceiYed as to nhy the suraeons are all combining and joininG in the r0!,iorts of injuries to the !:liners. P>:essure is forcing thiso I cannot believs tho.t the operators v.-oi1ld h~v6 me be subject to the· so.me pressure. Thoso doctors r.ru.1 t to be sure _thai they are all agr0edl. A most rc...TJJ nrko.bl0 thing if they do asreo. There is an old clLi.ssic, "When doctors ngree _the patient d~es. n But I ,7111 talk this :.Ja.tter over \ii th you 1.1hen you drop in • .. I an sending a copy of this letter to Vice President Pryde because there has been recently some dif'forence o:f opinion between the writer ond the cocpcmsa.tion depo.rtmant of the Union _Pacific. As far na I run concer!1ed., I t"oul<i eladly wi t;hdrm f'rora fiJY present situation, r.rhich 1s not only disagreeabl but is very injurious to my blhsiness and brings me in conflict. not only with aen of your standing, but also With the men who aro 'tiOrld.ng under you. Q Your$ t7uly, J.~ 9 ~ • 1_,_,r_~- J ~ ~?J l'ST:.B �TI1 r. Joseph ·u. .Galicich . April 20}.l i933 County Attorney Rock Springs, ~yoming Dear Sir: In re: In.ri<;.ue liilmiz., Rock Springs Fuel Company Th e Nayo Clinic has ce~tifi.ed to Judge V.. J. Tidball~ flAt th0 tL."1le of riro ~uniz9 exoEination here no injury vms detected above the ankl e joint, but atrophy from _disuse had take..n pl ace . no de fini t 0 lnjtU"Y other then that could bs made outo The co!lvales cen ce in the hospi tal was satisfactory and at t he time I saw h:lm on Ma rch 11, 1932,, I found t he v:ound healedo He i-as walking with the foot _squarely on the g round. o It was m~r o:--iinion thut a:n ~Jutatio~ ~1a.s uncal l ed fo~ as I f elt that t h e fo ot would be more usef.\11 to t"~f:1 tha..."l an artificial limboH • ¥Ji th such a statement; b efor e t he cou rt, I beli e~rn t hat I \7ould be guilty of fraud, .even to t he extm. . d of conspiracy to e::nbezale the compensati.on fund, :lf I should stipulate t b.at tho worlman ,..houl d be an-a. r d ed f"or the lo·ss· of a leg bclow the 1meeo Since you mention the Rock Spr·i11gs Fuel Cor1r,any in your letter~ I must make t he officers of that company u.na..;;:csta;.'ld that theJ have no right, and would bo legally i•eprehensiblo, if t h ey should atte:npt to usurp the. provl:nce of the courto In our st.ipulatlons i.7 e state t ~1t_; f ucts ~·r-.:icb. a1"'e undisputed... We cannot stipulate fo:c d.isp~ted facts. We can.no t stip1uate that an a.wax·d be -given for the loss of lt:;;; belon tho knee trhen l'.:iayo Brothers say that the injury is not even the loss of :i :fbot.. If t. e court decides that the workmant s injury i: e qui valen't to the loss o::J a leg below the knee, unless appealE::d to th.e Supreme Court» the judgi:1ent of the Dist:rict Court imparts absolute verityo But the RoGk Springs Ii\lel Company e.n.d tho ·writer arc• not pl'otected in any such :r;1ai1ner, The st:l.pulation, that we sign is only an in strument that the \:ri ter, himself., instituted to enable injured vrork:1llen to get their awards with di spa tel It has no stand.:Lng in la-r1., the statute provides for no such thing, azid 1 t vras never intend~d to be used exceot in clear cases vhere there was no disoute. maJ-~ say right here and now that I i,'ill never stipulate, @C:. I will q_ui t my office l:>efore I li'i.11 do it, for an injury the extent of which ·is· disputed. I i7ill not place· L'lY self., even for the cos.l op or-a tors., ·1n a 1xsi tion -that I -may I hereafter be accused of grafting. I tha.~k you vert-J much and from the bottom of my heart for the cons1de~ ation that you have personally extended. me in these matters, but in view of your lett.er and in view of the fact that you tell De that the Rocle Springs Fuel Compe.ny is coming to you and not to 1ne, and is s e eking to have the award stipulated "for the loss of a leg belor.r the knee 11 , I am forc·e d to malte defi:ni.te an certm.n my orm position. The court muy make the award as suggested by you, that is, for the loss of' a leg below the. knee, but I hope you can see that I cannot stipulate any such th:tnz. I cannot usur12 or a.!l'ticipate in attempted usurpation r1ha·t the court rn..11 award in a dispu"ed~se~ f7 v Yours t e , i f ~t.--~#~-~~ -..,s• '7 ( -· �t!r. S. 'l'.J.lia.f 0l'ro , Jr. : ~efor in;; to youx-s of 1.:-n rch 11th : o:l;tc..chit~ llor ·:d.th a copy of t h e Co lliery Guard:i.nn: in t~'l ich n1~e cited t-.::o co.sea in t;hich you riKi.y be in-to? sted , \;hich I ha ve m r ketl o n Page 139, vlth ro~QrJ to I cofilp1J11Gatio _ 0110.n co.:;0 0, pa rti cule.:rly t he l ast Oi.'le . u~:t..::l, r:1.0r o cloocly i n -Lho fut.ur0 for decioio118 of ca0es uhich con0 U:t_J u;7!:ler th e conpen sati on lc.-,7 , '::h:i.ch n r e p ut1.:i..shcd i z1 ?he Coll i e ry ,un:i.'iii !..!.'11, a 11 :i.f 3 30 anyi.. 11:i.a:• ':ki.o 1 I t h ink -~:i.11 l.lo of i :.te1·0st to you, := 2 cll p- s.J E on to yon f o yo1,1· conn :td oratio n . 0rluin11l Sl!!ned ~ . GEORGE B. PRVOt \ V l / �STAHOAJII) FORM 2103 •-10,00CI SUBJECT: UNION PAClflC COAL COMPANY ' Rock Springs, Wyom~ng . _ ~ I Attorney , i9.33 1..1 t ' l March 11, 1933 , I IN REPLY PLEASE REFER TO i NO. G.":":; I , Mr. George B. Pryde The Union Pacific Coal Company ·Rock Springs, Wyoming Dear Sir: You told me that you had observed an article somewhere in which some remark was made, I think it was in England, that a surgeon's duty was to state the extent and nature of the injury, and not to attempt to fix the amount of the award.- I wonder if I --coul-d , get hold of the article. ~ - • I am sending you a copy of the motion that I am filing vJi th the court in reference to the employee of the Rock Springs Fuel Company. I would be very much surprised if Mayo Brothers will ever consent to the proposition that the workman's foot ought to be cut off. If these surgeons do not stop their "monkey work 11 , I Will ·offer to pay out of my own pocket the expenses of the amputation of this man's foot, so as to make him a better man than he is now. Yours truly, ,-0 7 I V !r·•·--·/ '~ ,. ;/ I TST:H -} �lflli STATE O:t? W .YOllING~ SS Ill TfiE DISTRI<,;T COU;RT COUN:C·Y OF SWEETWATER) IN TBE IJATTER art THE PERSON.tJJ umuz; Bnployee HlJURY :i'O UHU ~UE of Rode Springs Fu.01 Company, Superior, ·wyoming. Comes now the employ0r and represents to the court that on or about the 12th day of February 1 1931)) the workman claims to have fracture, his left ankle, while actively e~ployed by the Ro~~ Springs 17uel CompanyJ in .extra-hazardous Employment. That the workman was tTeated for ~he inju: by Mayo Brother~, surgeons, of Rochester, Minnosota., Doctor M. _H. HBnder$1 Head of the Orthopedic Department, Hayo Brothers, Rochester, ~U;nnesota,. being the surgeon actively in che.rge. That the injury was only to the foot and did not 0xtend above the ankle jointso That t he foot was not amputated, but on tho contrary, v.;'1 th some lameness the workman is walking upon said foot. That certai11 surgeons, at the request of the County and Prosecuting AttorneyJI have signed a written statemont, of vrhich the follomng is a copy: DRS. L.AUZER & BA.i.1\JDERS Rock Springs, Wyoming March 1st, 1933 lir. Joseph n. Galicich Attorney at La\7 Rock Springs, Wyoming Dear Sir: In comp1~ance w.1.th your re~µest, Enr:1.(.Iue -Mum.;.,;:, ·-an - e!llp.loyee we have exam~ned of -the Rock Springs Fuel Company injured February- 12th, 1931. We fine upon examination that' he sustained at that time a compound commknutecl fracture of the left astr~galus as well as a compound fracture of the tip of both tne internal and external malleolQs. The result of the injury has been a total loss of the astrag~lus and a complote ankylosis of' the ank1e joint .. The foot tnat ret::iains 1 s inv.e rted and painful to pressure,.. Ile has boon advi.sed that a better result would be, as far as com.fort to h.ir.:iselr is concernad, an amputation above the ankl.e Joint.; and an art1.1'1.cial. .foot applied. �As a result of the accident., we feel tnat the compensation he is onti tlec1 to is the loss of the leg below the knee. Yours ver, truly, Ii., J. ARBOGAST, M.. D. 0LIVDI:1 CH.8HBERS, rn.D. It is sugge sted to the court that the state;nent of said surgeons invo.des the province of the court, and is an attempt on the part of said .. surgeons to anticipate the award herein. I Tb.e ~player moves. the court that the court make an order requesting rJuyo Brothors, r;ho treated t 1e \;·orkmw, nnd r1ho foreboi-e to amputate his foot, by au 01 d0: o:t-t.lla coar~, to ouk.e e. :::ta-tc...,.en t to the court as 1 to tl~ o nctu ,1 inj 1y, 1 OD!.)Gcinlly sotti :c:, f orth r::hether or- not any injury �STA/!OAAO IMt-10,000 FORM 2103 SUBJECT: THE UNION PACl'FIC COAL COMPANY Rock Springs, Wyoming Attorney IN REPLY PLEASE REFER TO ·March 9, 1933 NO, Mr. George B. Pryde The Union Pacific Coal Company Rock Springs, Wjuoming Dear Sir: Please note letter which I have written to John Lucas. all right, but he gets off on the wrong trail. Lucas is The surgeons are not agreed in this case, but I do not want to put some of them in a bad light ~~th the union. This is a thing that John Lucas never thought of. But what is more to the point, these doctors have gone beyond the surgeons' province and are attempting to fix the award, which can only be done by the court. The injury is to the foot; let them say what percentage the injury is as to the foot. It is immaterial whether it is 75%, 100%, or 125%, but I shall insist upon the court making an award in reference to the foot, and not in reference to a leg, or t wo legs, or permanent total disability. If we should surrender this principle, the surgeons would set precedents for the courts to pay an award stating that an injury to the foot bears relation to permanent total disability, and you can see where we would get. I do not pretend to say what award this workman should receive. I am going to investigate it, as I tell Lucas, in the letter, but the award is goirg to be based upon the injury, and not upon a member of the workman's body which was not injured. I have statements in my office that there was no injury to this workman above the ankle, hence whatever the injury ls, I am going to protest that it must be limited to the consideration of the injured foot, whether it be 75%, or 100%, or 125%. That is for the court to say. I wish you would try to explain this to Lucas, and tell him that he is doing a real harm when he, a layman, undertakes to discuss these questions with those who represent the workmen. If for no other reason, he is getting his wires crossed· with mine. Yours truly, .,,,/ 0 /2' ./'...• , TST:H ' . y ~ /'..1 l,...J <::-·- ~·-- - ., - . ..- ,·.:···,_ v �Uro John Lucas, President Rock Springs Fu el Comp any Ro ck Sp ring s, v:yorning I a r e ~a s e of En r i que Muniz Dear Sir: I have you r l et t er of Jarch 8t h: Of course the St a t e Tr easnr er mll see that the final judgment of the court is awarded to t he wor·lcr.aan . Ti;fe question is, wha t final ordez· should the court make? The camp surgeon s ci.o no t 1•ep resen t t he co al op e:cators, th0y are the employees of the coal mi ners, and i t i s qui t e e ss enti al t ha t the operators state : their position to the court, as wel l a s the employeGs of the coal miners. I have given th e i'1 uni z cs.s e e. goo d deal of t hou gh t, and 1av e spent_ much time in t h e lnvestigation ·o f t he i n jur y,. an i I t hink perhap stJhat 0J .... ~ i'n • • a better po si-cion to determine v.rha t a ct ion should b e t ak0n before,,fc'n.a.i:~ ~ti. are •. If th e Rocle S;i ring s· Fuel CoruP,any v;ere only i nt e re s ted in this ,m atter, I would gladly surrender t h e nhole nat t er i nto your han ds . But unfortunately the sound, r Gasonable, and legal administration of the whol e t heory, law, force, and effe ct of qompensa tion awards are involved., und one operator should not set up a rul e ,for hi msel f a t t h e exp 0-.i:1se and d:1.sorg a:..riiz ation of -the entire law. The , trouble a,bou t t his ca s e is t hat you 'do not lmo•1y t he situa tion. I ccJ,n tell that • from your· l e ttero If three doctors should be allo ved., on their own motion, to s ay that a ma..TJ. has l os t a f oot.il when h e i s still Vlal king on it, and give an ar1ard for t h e loss of a l eg J) then t hree doc t ors, upon t he loss of a leg, can decl a re t ha t t h e . . -:-o rlme. .n .:s totally, :p e rmanen tly disabledo I do not mean t o say that t h e workman shoul d not be avmrded e.n amount : e qual t o \1ha t the doctors say, but the sta t e_:Jent used by the doctors and their ' method are entirely Viron.g o All the doctors in v:yoming have no right to say that a man is to rec•e i ve an a ward for t h e loss of a leg, when he has lost neither foo~ nor leg, and that kind of loose ~ractioe, loos e t h eory, and 111eg~l app roach '7111 lead to □ any errors. . 1 l I t is my intention, as I have v.rri tten to Galicich, to take this matter . up with l'iayos, a t Rochester, l'Jin."lesota, and to find out from the surgeons ttho performed t h e op eration what they say of the si tua.tion -. Evidently you a re in communication 1-v.l.th the Count;y Attorney 3.lld dis••, ·_cussing \;j. th him the matters that you shoul d discuss m. th me. I think you must _see in t hi s that you a.re not only doi11g the Rock Springs Fuel Company a wrong., •but you ~r E: doing The Union Pacific Coal Company a wrong, and I aiII c1ui te sure • that the Southern Wyoming Coal Operators Association would so consider 1 t., if t~e facts we re known . . I ar..i s ending a copy of' this letter to ~! r. Pryd.e, and I am a sking hir.i to explain furth er w.r.i.y he thinks that these natters ought to be taken up by the coal op <1➔ rators ;"rl. th me, and not m. th th.s County Attorney, r;ho is by la the attorney for the coal miners. • _ _ 0 \ CC-Pryde I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workmans Compensation Rock Springs Fuel Company 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933 Subject The topic of the resource Workman's Compensation, Rock Springs Fuel Company, 1933 Description An account of the resource Letters discussing the workman's Compensation involving Rock Springs Fuel Company in 1933. The papers are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John Lucas, T.S. Aliaferro, George B. Pryde, T.S. Taliaferro. Jr. Identifier An unambiguous reference to the resource within a given context 1-0212 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/739ab0b37658568e32d7f74fbb0e63e6.pdf 1bba885495cd17966f4b9a0f466209a7 PDF Text Text I I THE HUDSON COAL COMPANY Olyphant, P c:, , October 10th, 1938~ Kr. George :S. Pryd , Viae President or Operations, the Union Pacific Coal Company, Book Springs, yoming. I wish to 8llPNH cy thanks to you a.ml tho other ottioials ot your Ccmpany tor the oany courtosioa ezten ded dlirl ng my visit to your mines. 117 conYersati ons i th ;you and the ot r otftoial• and m7 trips underground were very interesting and enlightening. ~Ter7one I met showed a m.llingness to giTe me ae 1111ch time as necessary so tha. t I might obtain a good knowledge ot the matters in which I was particularly int ereeted. In addition, the copies ot your '"&lployes • Kag&sine"' and other literature you. ge.ve m 1'111 attord. further opportuni\7 tor me to cletermine 1'hat you are doing in promoting aaf8t7 and developing modern mining mchoda. I a.eau.re ,-ou I shall be glad to reciprocate, ahoul.4 an opportunity- present iteelt at any time in the tu.ta.re. Sine erely ·you.rs, s. �Oc to ber 10 , 1 38 ; /.h •( llr. CD.duall ad er Evan s, J r . Vice P re t.J i dcn t ,~ 1d Gen er2l 1'.:: r:na.gGX' The Hud son Coal Company Scranton, l >enn sylvani a --- Dear !1r. J.i;v ans : I t uo. s a l le a.our e h vi b 1.:r . ~ ei cl r:i t h u s , 0n d we r1ere i n t cr e sted in t2Ld n p· t o hii:;:i t.e.bou t y ou:i:· op 0ra.tione. AL, Gor1·y yo u coul 20 " b~ Y.'i t '1 v.u u·i; ou1· p arty, o. s no !,·d o reall y c:.:ood tL.,cD ,J.lE lo.ter a t the dinner f or :·1.> . Jeffers , c~ d 1.::'1e • .. r . Jeffers .ind othe rs isitGd oU.::' nei.7 1-:rl. n c o.t Sur, erio . ::: 1 10 t :ic::. t, i f you co:-.1e this ,;1ay , you ,·1111 s to p over ond vi d t \' i th 1.1. a . Yours v er.J t ruly , r!t:-i"-~~l t:;i •::n2d : GEC·itG~ B. PRY □ r: �SCRANTON, PA, October ? , 1906 . CADWALLADER EVANS, JR . Mr. George B. Pryde, Vice-President and General I\'Ie.nacer , The Union Pacific Coal Company , Rock bprings, \iyomi:cg . Dear Mr. Pryde: Our Mr. John Reid was v ery much i mpres s ed \'11t h hi s recent inspection of your properties a nd I wunt t o take this opportunity to express our a ppreciat ion for the c ourtesies extended to himo If we can reciprocate at o.ny time it t1 i l l be a pleasure to do BOo Hi th kindest rega rds, I am, Yours very truly, 2-32 'I. �'r.A._ JJ." ::> Lr: ,o:,> 'J_!~~c-~<Jsp.f'.HI!;o"Itf rs cp t . 23, 10 3 8 ~:,-.:.r.T'fAH .1/. .r Mr. bugene L cJuli :",'fa: ~I . ~. 2~ _1.0 Reid fini shed th e in spection of ouI"' rilines here ~nd left fo: ho1:i.e Tuesday evening . -- r, r: _,! "d ~'! ! ,'i'l?~ : GEG;;(.f 3, PB\'D f �Form 2191 .... UNION PACIF IC RAILROAD COMPANY I \\ _j TimE.· ,·ifed • C. S . M TELEGRAM Omaha - September 10, 1938 Eugene TuicAuliffe Mr. Cadwallader Evans Hudson Ccal Company advises John M. Re id will represent him at ceremonies seventeenth and asks that reservation be made for him arrival train 21 Friday- · evening sixteenth. R. W.P o l' ~-:: 8- 11> ,000M , � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Correspondence Regarding John M. Reid's Visit Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. September-October 1938 Subject The topic of the resource Visit, 1938, Letters, Hudson Coal Company Description An account of the resource Letters regarding John M. Reid's visit to the mines. Letters are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John M. Reid, George B. Pryde, Eugene McAuliffe Identifier An unambiguous reference to the resource within a given context 1-0290 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/3483fce48d018ea12a39c1c04956d9ee.pdf 51cf7c4c444f740ead354060348cd4ae PDF Text Text ������������������������������ Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Report on the Working Conditions and Safety of Employees, at NO. 2 Mine of The Union Pacific Coal Company, Hanna, Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1911-03 Subject The topic of the resource Working conditions and Safety concerns Description An account of the resource Brown Leather bound book 11"x8.5"x2.25" containing carbon copy pages and foldout maps and graphs. This report is one of 12 reports bound together. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John McNeil, M.E. Is Part Of A related resource in which the described resource is physically or logically included. The Union Pacific Coal CO. Inspector's Annual Report April 1911 Identifier An unambiguous reference to the resource within a given context 1-0003.1 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/b7949ede49cba0ae169ea57e431f2728.pdf 4910719072aee8729917ac6620178b1d PDF Text Text �������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Report on the Working Conditions and Safety of Employees, in NO. 3 Mine of The Union Pacific Coal Company, Hanna, Wyoming Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1911-03 Subject The topic of the resource Working conditions and safety concerns of employees. Description An account of the resource Brown Leather bound book 11"x8.5"x2.25" containing carbon copy pages and foldout maps and graphs. This report is one of 12 reports bound together. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John McNeil, M.E. Is Part Of A related resource in which the described resource is physically or logically included. The Union Pacific Coal CO. Inspector's Annual Report April 1911 Identifier An unambiguous reference to the resource within a given context 1-0003.2 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/2e5bc269398eb648eebebff97489395a.pdf d50a846a598f2001e438be33a407cc40 PDF Text Text ������������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Report on the Working Conditions and Safety of Employees, in NOS. 7 and 9 Mines of The Union Pacific Coal Company, at Rock Springs, Wyoming. Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1911-03 Subject The topic of the resource Working conditions and safety concerns of employees. Description An account of the resource Brown Leather bound book 11"x8.5"x2.25" containing carbon copy pages and foldout maps and graphs. This report is one of 12 reports bound together. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John McNeil, M.E. Is Part Of A related resource in which the described resource is physically or logically included. The Union Pacific Coal CO. Inspector's Annual Report April 1911 Identifier An unambiguous reference to the resource within a given context 1-0003.3 Publisher An entity responsible for making the resource available The Union Pacific Coal Co. https://haylibrary.cvlcollections.org/files/original/cc07e3365d4daed98b923a2a46760305.pdf 5f066011a630fde9feb0c7ddd9fa6f86 PDF Text Text ��������������������� https://haylibrary.cvlcollections.org/files/original/15ef324342becf5f7fcebd922918460a.pdf cdce3633a2528c08156d2cab448b87fd PDF Text Text �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Report on the Working Conditions and Safety of Employees, in NOS. 8 and 10 Mines of The Union Pacific Coal Company at Rock Springs, Wyoming. Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1911-03 Subject The topic of the resource Working conditions and safety concerns of employees. Description An account of the resource Brown Leather bound book 11"x8.5"x2.25" containing carbon copy pages and foldout maps and graphs. This report is one of 12 reports bound together. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John McNeil, M.E. Is Part Of A related resource in which the described resource is physically or logically included. The Union Pacific Coal CO. Inspector's Annual Report April 1911 Identifier An unambiguous reference to the resource within a given context 1-0003.4 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.