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Thorfinn · 03-27-2003, 03:01 PM

The asbestos problem is an interesting one, indeed. However, the only studies of which I am aware of link asbestosis to only a particular type of asbestos, primarily obtained from Africa. The types of asbestos that come from Canada, for instance, the type that Manville used, appear to have no adverse health effects, or at the very least were very overstated. The studies of which I am aware was unable to distinguish a differential rate of incidence between house dust and Canadian asbestos.

Now that African asbestos was the one that primarily was used fireproofing shipyards. Undoubtedly it had a large effect, but the problem appears to be that the risks factors from tobacco smoke and asbestos appear to combine geometrically.

I am not saying the companies should be blameless. Not at all. Like I said, in my ideal world, if you prove your case in a court, you get restitution for your damages. But I think it is reasonable that you show who hurt you, and how, and how much you were harmed.

As an attorney, surely you are familiar with the quack science that led to "cancer by acute trauma" awards, the Audi runaway car junk science, and the continual suits of things like "environmental AIDS" and other near-the-detection-limit chemical exposure that lead to multi-million dollar awards, even if there is no single case of an "background chemical" paper that has withstood the challenges of other scientists in any refereed journal. Painting all asbestos with the broad brush has unfortunately resulted in similar miscarriages of justice.

[EDIT]
Wasn't Lochner about working excessive hours in bakeries? I thought it basically upheld a NY(?) law that capped the number of working hours in those bakeries. I had not realized they generalized to all industries, but then again, it has been a while since I read it...
[/EDIT]

[EDIT2]
Oh, and regarding the idea that corporations choose to expose workers, of course they do. Congress granted them a corporate shield that in many cases protects them from liability to a large extent, and as you pointed out, the Worker's Compensation was capped. But remember that it was Congress who granted immunity to corporations in the first place, and it was Congress who placed the cap on Worker's Comp. Corporations are only playing by the rules that Congress itself set up. It seems to me if you want to find fault, you should include those who were swayed by the lobbyists' arguments and/or money...
[/EDIT2]

[ 03-27-2003, 03:09 PM: Message edited by: Thorfinn ]

03-27-2003, 03:01 PM	#67
Thorfinn Zhentarim Guard Join Date: February 24, 2003 Location: Indiana Age: 61 Posts: 358	The asbestos problem is an interesting one, indeed. However, the only studies of which I am aware of link asbestosis to only a particular type of asbestos, primarily obtained from Africa. The types of asbestos that come from Canada, for instance, the type that Manville used, appear to have no adverse health effects, or at the very least were very overstated. The studies of which I am aware was unable to distinguish a differential rate of incidence between house dust and Canadian asbestos. Now that African asbestos was the one that primarily was used fireproofing shipyards. Undoubtedly it had a large effect, but the problem appears to be that the risks factors from tobacco smoke and asbestos appear to combine geometrically. I am not saying the companies should be blameless. Not at all. Like I said, in my ideal world, if you prove your case in a court, you get restitution for your damages. But I think it is reasonable that you show who hurt you, and how, and how much you were harmed. As an attorney, surely you are familiar with the quack science that led to "cancer by acute trauma" awards, the Audi runaway car junk science, and the continual suits of things like "environmental AIDS" and other near-the-detection-limit chemical exposure that lead to multi-million dollar awards, even if there is no single case of an "background chemical" paper that has withstood the challenges of other scientists in any refereed journal. Painting all asbestos with the broad brush has unfortunately resulted in similar miscarriages of justice. [EDIT] Wasn't Lochner about working excessive hours in bakeries? I thought it basically upheld a NY(?) law that capped the number of working hours in those bakeries. I had not realized they generalized to all industries, but then again, it has been a while since I read it... [/EDIT] [EDIT2] Oh, and regarding the idea that corporations choose to expose workers, of course they do. Congress granted them a corporate shield that in many cases protects them from liability to a large extent, and as you pointed out, the Worker's Compensation was capped. But remember that it was Congress who granted immunity to corporations in the first place, and it was Congress who placed the cap on Worker's Comp. Corporations are only playing by the rules that Congress itself set up. It seems to me if you want to find fault, you should include those who were swayed by the lobbyists' arguments and/or money... [/EDIT2] [ 03-27-2003, 03:09 PM: Message edited by: Thorfinn ]