Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Injury resulting to an employee while at work in the master's business, when assaulted by a fellow employee is "an accidental personal injury arising out of the employment" within the meaning of that term as used in the Oklahoma Compensation Act.10

§ 150. Asthma.-Where an employee suffered from asthma. and heart trouble as a result of breathing dust which he stirred up in his work, it was held that the disability was not due to an accident and compensation was denied.11

§ 151. Bends.-Where an employee sustained "Bends" which is in the nature of a rupture of internal organs, due to the release of the compressed air under which the employee was working, it was held to be an accidental injury and compensable."

[ocr errors]

12

§ 152. Blood Poison. The evidence is quite satisfactory that the blood poisoning and the ensuing death were the result of the scratch. The medical testimony is to that effect and the sequence of events leaves very little doubt on that point. That the scratch was received while he was engaged in his employment is not so clear. There was no direct evidence that the scratch was so received. We think, however, the evidence is sufficient. The fact that deceased had no scratch when he left home in the morning and had one when he came home from work at night, that he must have come home immediately, for he was home within half an hour of the time he quit work, that the scratch had blood upon it which had hardened, indicating that the scratch had been received earlier than the time he quit work, that it was such a scratch as he was not likely to receive on a trip from his work to his home, and such a scratch as he might well have received while at work, these facts taken in connection with the letter above quoted, which is of some force as an admission, were such that the court might infer that the scratch was received

11.

10. Stasmos v. State Indus. Comm., Okla. (1921), 195 Pac. 762. Wetherele v. American Hardware Corp., 1 Conn. Comp. Dec. 367. Re Wm. Murray, Op. Sol. Dep. C. & L., p. 201.

12.

while deceased was in the course of his usual work and that it arose out of it.

9713

Where blood poisoning results from accidental injury it is compensable.14

"We perceive no merit in the claim that this disability was not proximately caused by the injury and abrasion of the skin. Such results do ensue from such abrasions, and they are brought about by the operation of what are ordinarily considered natural forces; that is, by the intervention of infectious germs usually, or at least frequently, present in the air or on the surface of substances. with which any person may come in contract, and which are invisible to the eye and imperceptible to the senses. ''15

Where an employee was injured, and, by reason of lying in bed for a long time, developed a bed sore from which blood poisoning developed and caused his death, it was held that the accident and not the blood poisoning was the proximate cause of death.16

An employee engaged in a boxing match and aggravated an old wound, received in the course of employment, which had practically healed. It was held that the blood poisoning which resulted from the aggravation, and caused a permanent disability, was the proximate cause of the permanent disability, and compensation therefor was denied.17

While a miner was at work hewing coal a piece of coal worked its way into his knee, causing blood poisoning. This was held to be an injury resulting from accident.18

A cake of ice broke loose while being hauled up a shute and struck the employee on the leg breaking it. Two weeks thereafter while the employee was in the hospital, blood poisoning set in,

13.

Rackman v. Albert Dickson Co., 139 Minn. 30, 165 N. W. 478,

1 W. C. L. J. 422.

14. Fleet v. Johnson, 6 B. W. C. C. 60; Burns case, 218 Mass. 8, 105 N. E. 601, 5 N. C. C. A. 635; White v. Ford Motor Co., W. C. & Ins. Rep. 25 (1918), 17 N. C. C. A. 93.

15. Great Western Power Co. v. Pillsbury et al., 171 Cal. 69, 151 Pac. 1136, L. R. A. 1916 A. 281, 11 N. C. C. A. 493. See Infection. Burns Case 218 Mass. 8, 105 N. E. 601.

16.

17.

18.

R 345.

[ocr errors]

Kill v. Industrial Commission, 160 Wis. 549, 152 N. W. 148.
Thompson v. Ashington Coal Co., 84 L. T. N. S. 412, 17 Times L.

causing death. The commission said: "The injury was not the sole and proximate cause of death, but was the exciting and contributory cause, and there is a direct causal connection between the injury and the death."'19

Where an employee was troubled with pimples, and upon his request a fellow employee opened a pimple in an unsanitary manner, and blood poison resulted it can not be said that such an injury resulted from an accident.20

§ 153. Blood Vessel Rupture.-A workman stood in a crouching position using a 20 pound sledge for an hour and a half, at the conclusion of which he accidentally fell, his head striking a piece of granite, cutting a large gash over his eye. The doctor testified that the severe strain and falling on the rock caused cerebral hemorrhage. It was held to be an accident "arising out of and in the course of the employment.''21

A traveling salesman ran to catch a train, after which he suffered from dizziness and paralysis, caused by a breaking of a blood vessel in his brain. This was held to be a compensable accident.22

An employee, while lifting a heavy weight, suffered a rupture to a blood vessel, and the blood filtered through to the abdominal cavity, causing death. This was held to be a compensable injury.23

Where a collier, while doing heavy work in building a pack, was suddenly seized with apoplexy and died, there was evidence. that his arteries were greatly degenerated and they might have

19.

20.

2), 87.

Coffee v. Bordens Condensed Milk Co., 1 Conn. Comp. Dec. 167.
Rombellow v. Marin County Milk Producers, 1 Cal. I. A. C. (Part

Note: For further cases, see same title under the chapter on, "Arising Out Of," also "Infection," "Abrasions" and "Friction Injuries." See 11 N. C. C. A. 493.

21. State v. District Court of Sterns Co., 137 Minn. 318, 163 N. W. 667. 14 N. C. C. A. 527.

22. Crosby v. Thorp-Hawley Co. et al., 206 Mich. 250, 172 N, W. 535. 4 W. C. L. J. 245 (1919); Schroethe v. Jackson-Church Co., 193 Mich. 616, 160 N. W. 383; Clark v. Lehigh Valley Coal Co., -Pa-, 107 Atl. 858, 4 W. C. L. J. 747.

23. Greenberg v. New Leather Goods Co., (1916) 3 Cal. I. A. C. 328.

ruptured with or without a strain. The court held that, as the evidence was equally consistent with an accident having happened or not happened, the burden of proving an accident had not been discharged.24

Where an employee was cranking a coal delivery wagon, and the strain from turning the crank caused a small blood vessel to break in the pial membrane of the brain, it was held to be an accidental injury.25

Where an employe, whose duties required great muscular strain and exertion, burst a blood vessel, causing death, it was held that the death was due to an accident."

Paralysis resulting from rupture of a blood vessel, due to heat and over exertion by an employee having arterial sclerosis, is an accident, within the Michigan Act.27

Where lifting a can of paint caused a blood vessel in a servant's lungs to burst, there was an accidental injury, and it is immaterial that it had burst before, but had healed over, and might burst again.28

Where an employee was required to lift a piano over the step of a stairway the court held that the unusual lifting and straining, exertion and apprehension, by reason of the lack of experienced help, constituted an accident, and a blood vessel rupture resulting therefrom was compensable.29

§ 154. Boils. Where a dishwasher suffered from boils, but there was no evidence of cuts, scratches, or bruises, or other accident causing such disability, it was held not to be compensable.

24.

Barnabas v. Bersham Colliery Co., 103 L. T. 513, 55 Sol. J. 63, 4 B. W. C. C. 119, 7 N. C. C. A. 651.

25. Farrell v. Casualty Co. of America, 2 Mass. Wkm. C. C. 423; Patrick v. J. B. Ham Co., Me. (1921), 111 Atl. 912.

-

26. State v. District Court, 137 Minn. 30, 162 N. W. 678.

27. La Veck v. Park Davis & Co., 190 Mich. 604, 157 N. W. 72, L. R. A. 1916D, 1277, 14 N. C. C. A. 141.

28.

Southwestern Surety Ins. Co. v. Owens, (Tex. Civ. App.), 198 S. W. 662, 1 W. C. L. J. 271.

29. St. Clair v. A. H. Meyer Music House, Mich.- (1920), 178 N. W. 705, 6 W. C. L. J. 540.

30. Rolph v. Morgan, 2 Cal. I. A. C. 543, 11 N. C. C. A. 500.

Where death resulted from meningitis caused by a series of boils, which developed some months after the amputation of a toe, made necessary as a result of an industrial accident, it was held that the accident causing the loss of the toe was not the proximate cause of the death, and compensation was denied.31

§ 155. Brass Poisoning.-Brass poisoning is a compensable injury under the Federal Act when contracted while in the performance of the employee's duties.32

§ 156. Brights Disease. Where a passenger, who had been suffering from chronic Brights disease and a valvular disease of the heart, dropped dead about twenty hours after the derailment of a car on which he had been riding, it was held to be a question for the jury as to whether the accident was the cause of the death.33

Where plaintiff fell while carrying a package of mirrors which fell on him, the court held that the evidence showed with at least sufficient probability that Brights disease resulted from the injuries to render it admissiable for the consideration of the jury. Judgment for plaintiff was affirmed.34

Where an employee was injured by a fall, and five days later a condition of acute Brights disease developed, but there was no evidence of physical injuries to the kidneys, and the medical testimony was to the effect that Brights disease is probably never of traumatic origin, compensation was denied.35

Where an employee suffered a strain while pulling a bale of burlap and later became incapacitated for work because of a condition of Brights disease, it was held there was no connection between the strain and the disease, and compensation was denied.30

Where an employee's foot became infected from a blister, caused by the rubbing of boots furnished by the employer, and the medical

31.

32

33.

34.

Stephens v. Clarke, 2 Cal. I. A. C. 135, 11 N. C. C. A. 715.

In re Robert E. Hanna, 2nd A. R. U. S. C. C. 152.

Jones v. Public Service Ry. Co., 86 N. J. L. 646, 92 Atl. 397. Houston & T. C. R. Co. v. Gerald, 60 Tex. Civ. App. 151, 128 S. W. 166, 15 N. C. C. A. 550.

[blocks in formation]

36. Lima v. Aetna Life Insur. Co. 2 Mass. Wk. Comp Cases, 800

« ΠροηγούμενηΣυνέχεια »