My Dad's Cancer

[Son of a Victim]

I truly beleive my father is getting the royal shaft in a big way. Let me explain.
My dad worked his entire adult life in the Tire Industry. The last 15 years of his career were with a major manufacturer of tires in the US. Throughout his career, he was exposed to many chemicals we now know as hazardous in one form or another. In 1985 he was diagnosed with Skin Cancer and given an early (medical) retirement. The details of the package were not extraordinary as one might think. The company agreed to continue his medical benifits and he received a monthly disability check. This, to me seems very insignificant in return for the many years now he has suffered through various forms of treatment including radiation. He will certainly die from this.

Recently, the company sent notice that his benefits would be downsized considerably. His insurance would be eliminated as would other forms of compensation that he and my mother depend on for daily life.

IS THIS LEGAL?

For years now I have all but begged him to put their butts in court. He has refused due to some misguided sense of loyalty and the hope that they (the company) will "take care of me". This has now reached a boiling point with me and I am prepared to do what is necessary to make them pay. The problem is, quite simply, I don't know how to start. I don't know if I or my mother can bring charges against them without his consent. I don't know if a lawyer would look at this without large amounts of money up front. There is so much that I don't know. I hope someone wil read this and respond.

 

[Attorney_Replogle]

Your question about whether the diminishing of benefits paid to a retired employee is legal is a very good question. The situation depends on the written pension and or disability agreements between the company and your father. It may also involve the federal ERISA law and possibly a similar state law. The second question, whether you or your mother could bring suit against the wishes of your father, the answer is no. Unless of course their is some kind of an exception under state or federal law that an attorney could find for you. The basic American theory is that only the wronged party can sue. Unless the wronged party assigns that right to another. So I would suggest that you use this web site's attorney listings to find a labor lawyer nearest you, then make an appointment for a consultation. Some lawyers charge for a consultation, others don't. Be sure to ask if they do and the amount. Again, some lawyers will take such cases on a pure contingency, which means you pay nothing up front. Other attorneys take such cases on a mixed contingency which means that they get some money up front from their client with a reduced percentage of any recovery or settlement. Hope this helps.

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Mark B. Replogle