Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 7, 1981, Winnipeg, Manitoba Awarded for Job related stress by Pamela Fayerman in what is believed to be the first Case of its kind in Canada a Manitoba court of Queen s Bench judge has ruled that a Winnipeg Man is entitled to More than in disability insurance As a result of a hypertension problem aggravated by his Job. The ruling made Public yesterday after being considered for almost a year by or. Justice John Solomon allows Gershon Sucharov 39, to collect the insurance for the next 16 years. The decision is significant because of its recognition that stress and Strain of a managerial Post can cause anxiety. High blood pressure and depression preventing a person from working. Michael Green Sucharov s lawyer said yesterday that individuals whose occupations Are Likely to aggravate already High blood pressure May win similar awards depending on the word ing of their insurance policies. Sucharov applied far benefits under his policy on the grounds he was totally disabled to serve As president and general manager of his insurance firm because of hypertension caused by his enormous responsibilities. The Man s doctors said the hypertension could be due to excessive smoking drinking eating and a marriage break Down but that he drank ate and smoked too much because of the stress of operating his own business. When Sucharov s doctors provided their findings to the insurer Paul re vere life insurance co., monthly indemnity cheques were issued. How Ever the company discontinued the payments after a year when it received medical reports from two other doctors which cast doubt on his claim. Judge Solomon said he could not agree with the company s claim that if Sucharov was Able to perform some managerial functions he was not totally disabled. He said even if Sucharov could perform some functions it is conceivable he could still be unable to act As a functional "1 am satisfied one would have to perform almost All of the managerial duties collectively and sufficiently Well to qualify As an effective judge Solomon noted that total Dis ability policies Are different from other insurance policies. In Sucharov s Case the provisions were intended to insure his ability to run his own business. The policy further provides that after Sucharov turns 55, he will have to prove he is not Able to obtain any similar gainful employment. Rod Stephenson the insurer s Law yer said the Case May be appealed. Get to know your Legal Cloudy tonight -2 sunny tomorrow 5 Winnipeg free press tuesday april 7. 198lh vol 109 no Sun rises . Sets . Moon rises . Sets final for Home delivery 957-0550 or 942-2161 classified 956-2330 province faces huge translation Burden by John Sullivan dozens of Manitoba government and Crown corporations will Likely be forced to translate Ihu Sands of bylaws and regulations into French following a supreme court ruling yesterday. Although the province will not be certain of the judgment s full Impact until it is studied it apparently Means any directive by an Agency which re government approval must be issued in both English and French. However the court found that municipalities and school boards in Manitoba and Quebec Are not required by the British North America act to legislate in both official languages because they Are not under direct provincial control. The Laws governing most Crown corporations boards and commissions re quire Cabinet or ministerial approval for at least some of their actions. But some Agency officials and Legal counsel interviewed yesterday suggest the Hea Viest translation Burden will fall on aut Opac and the Manitoba health ser vices commission. The ruling does not mean bilingual licence plates Telephone Bills and Hydro statements because the forms and procedures used in the routine operations of the Semi Public Agen cies Are not affected. Laws in question the Only thing before the court was the legislation that might be enacted by these said Winnipeg lawyer a. Kerr twaddle who represented Mani Toba in the action brought by the que Bec government. It does t concern their Day to Day attorney general Gerry Mercier responded cautiously to first reports of the High court decision saying that Brezhnev Gustav Husak applaud at czech Congress. Brezhnev allays fears of invasion Prague a soviet president Leonid Brezhnev today quieted fears of soviet military intervention in Poland saying the polish communist party is Able to Deal with its problems. Business As usual for Brezhnev in a speech to the Czecho slovak communist party Congress said that enemies of socialism Are using economic pressure and blackmail As Well As propaganda lies ruses and demagogy against Poland s communist regime. But the 74-year-old soviet Leader said the polish party with the support of ail True polish patriots will be Able to Deal with its own problems. As far As the soviet Union is con Brezhnev said it has been and continues to be the Loyal Friend and ally of socialist Walter Stoessel . Undersecretary of state for political affairs said Brezhnev s remarks mean they the poles have some More time to put their House in order according to so Viet Stoessel who has served As Ambas Sador to both Poland and the soviet Union was interviewed on Abc to s today show. Considerations that would Lead the russians to intervene he said would include loss of control by the communist party the loyalty of the armed forces and the loyalty of the country As a whole to the Warsaw pact and to the soviet in a Clear reference to Poland Brezhnev said class enemies Are instigating and supporting counter revolutionary forces in those places where they still exist and carry ing out other subversive you will comrades remember All this from your own Brezhnev said referring to the events that prompted Warsaw pact forces to March into Czechoslovakia in 1968. These showed convincingly that the plans of reaction hold out no Prospect of the polish communist party he said see Brezhnev Page 4 perhaps where there is government or ministerial approval there May be some requirement for publication in both Mercier said he was pleased that the ruling by exempting municipalities and school boards was about Asfa Morable As it could have been toward the argument put Forward by the prov he suggested that Crown Agency regulations May be easier to Issue in French than the statutes now undergo ing translation but he agreed the government would be largely incapable of shouldering any increased Load be cause of an extreme shortage of Legal translators in Canada. If this decision requires any additional work in both languages we re in some difficulty because we be been unable to get sufficient translators As it Mercier said. See exhaustive1 Page 4 Trudeau won t meet premiers Ottawa up prime minister Trudeau said flatly yesterday he won t meet with the premiers until after the Constitution has been brought to Canada and then the government revealed a fresh plan to hurry the stalled Constitution debate while the eight premiers opposed to Trudeau s plans insisted they Nave an alternative Patria Tion package the prime minister suggested in the com Mons they might Only be bluffing and trying to delay passage of the govern ment s constitutional proposals. I still continue to entertain very grave doubts about the veracity of the statement that they have reached Trudeau said. He challenged the premiers to reveal details. Government House Leader Yvon pin Ard later indicated the government is opposed to continued delay and will impose closure to limit debate on a progressive conservative amendment now before the commons to one More Day. Amendment affected the proposal affects Only the Amend ment not the entire final round of Constitution debate now entering its eighth consecutive week. But opposition Leader Joe Clark said his party will resist any attempt to Cut off debate and refused to say exactly what Means the tories will use. However he did not Rule out the possibility of continuing the filibuster which brought an abrupt halt to virtually All routine business in the com Mons for seven Days Over the past two weeks. Pinard said he does t believe the tories would dare renew the filibuster. I Don t think they could be so fool he told reporters. The tories declared a temporary truce to permit passage of overdue legislation allowing the government to borrow billion to cover its anticipated deficit for the 1982-83 fiscal year which began april 1. Clark had demanded earlier in the Day the debate be shelved until tru Deau meets with the eight premiers who oppose his plans to unilaterally Amend and Patriate the Constitution. See Trudeau Page 4 occupational Hazard rescuers in new York City pull a window Washer Back to safety from a ledge after he apparently slipped while going about his chores. For several moments while the unidentified Man Hung by one strap from the fourth floor window passersby glanced up at him then walked on. Dust storm worries Farmers by Kevin Prokosh the dark dust Laden skies which dominated Southern Manitoba for most of yesterday have Farmers wondering if the storm is an Omen of an impending drought. Much of the swirling topsoil which darkened Manitoba skies yesterday came from Saskatchewan Fields car ried off by winds gusting up to 140 Kilometres an hour. The storm closed schools and knocked out Power in Saskatchewan. In Manitoba a dust storm advisory was issued for Brandon Dauphin and the red River regions where winds reached 105 yesterday and reduced visibility to less than one kilo metre. Motorists were warned to be cautious when travelling in exposed areas away from cities. Dust storms Are something we really Don t like to said Ross Ritchie a Farmer in the Dauphin area. We Are very concerned. It kind of looks like it did in the 1930s." Many Farmers were out in the storm trying to save their Fields by blowing Loose soil under exposing soil with More moisture to the howling winds in the Hopes of keeping it in their Fields. Peter Kiev agricultural representative for Dauphin said he saw Fields yesterday where 2.5 to 3.8 centimetres of soil had been stripped away by thu wind exposing the yellow Clay under Neath. It will be years before people can grow anything on a Field like that he said. It was a Dull dim Day like the total eclipse of the Sun we had a couple of years said Kiev. At one Point yesterday while i was driving it sounded like hailstones were pelting my car. It was see Farmers Page 4 doing terrific president Ronald Reagan had a slight fever again yesterday but his daughter Maureen later said he was doing Golden Opportunity the san Antonio Gold mine near Bissett is expected to be Back in operation 1 Cabinet trouble the White House is disturbed by the recent actions of two Cabinet officers Secretary of state Alexander Haig and Secretary of defence Caspar evidence Given a Coroner s jury heard and saw dramatic evidence yesterday during the inquiry into a fire in a Toronto Index Ann Landers. 24 answers. 35 Billinkoff. 7 Bridge. 24 business. Classified. Comics. Crossword. Deaths. Editorials. Entertainment 38 43 32 22 2, 43 .26 Horoscope. 22 Jumble puzzle.47 klady.27 letters.6 movies.28 people.35 relax.35 sports. 55 sports record.61 stocks.39 sullivan.35 Tempo. 21 to listings.3o f ;