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Unlversity of California 240 Adminis t ration Building Thank you for your letter of Kay 1 and the enclosure. For pur information I am attaching a memorandum of the hazards included I n Colonel Nichol(s letter to me and which I approved. The draft of Articles 3X and 4X, Itsnk, should be altered i n the foilowing ways: 1. As drawn, papen ts may be made by the University only when an enplogee has become " totally and permanentiy disabled or has aied as a result of such hazards". I n my conversations with the District representatives itwas never sugzested that there be such a serious limitation.A disability mist be very serious indeed before it is both total and permanent. I believe that the criterion for Fa pent set Forth i n subparagraph 2 of Article3X should bs app lie e to the extent of physical disabilities as well as t o the duration. Thus gayment should be made for any disability, whether partial as to extent or limited as t o time, i f it afft?c+,s The salary nhich Vfie in divi6ual would be entitled t o coFaand if the disability did not exist.Of course, such disabilities would have to arise as a result of expasure t o the listed hazards. 2. One of the basic difficulties with the insurance now in effect and with the workmen's com?ensation laws is the fact that the physical manifestation of an injury occurring here may not agpear for as zany as ten years after the injury occurs. might therefore be a legal bar t o any claim 3n the part of an injured em2loyee i n such case. This vras one o f my primary motives i n asking Tor are consideration of therefore,that it i s very important that there be inciude6 in the contract itself a statement that payment may and will be mae by the University at any time when an injury bec mes apparent, and that the University will The statute of limitations
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has Secme exhausted, directly by the Governxent; t o - z ether with a statement waLvin3 any legal defense t o a claim brought by an individual which might be available either to you orthe Goverment because of the lapse of time between the dote of the injury and the date of the claim. 3. I have made it clear to Colonel 13ichoI.s that these cover injuries which will becone m nl festin the future but ;vkich m y possibly be caused, eit'ner i n vr?zole or tion. If soce such ste.terr.ent is not in clu ced in tte cont rc c tsr tic le itself it s!ivdd at lesst be stated i n the cover in s letter foraard-ing the nev: articles to -1. I anticipate tlint there my be sorne question concerning the phrase i n paragraph la of Article3X Se fore eqlqTp.ent 2.t the Project, salary at the Fro ject, d r salary ;.t soae uncieterrnined future time. I n any event, it might be 3 source of fit urc trouble, an& if b a ' olj be better, This might nean salal.;? Very sincerely yours,