Claimant alleged that he strained himself while lifting rock and suffered an internal rupture and hernia. The arbitration board refused compensation on the ground that it was not satisfied that the hernia was not present at the time the claimant alleged that he strained himself. On appeal, the court held that there was no evidence of a pre-existing hernia, nor any condition which would support the contention that a hernia had existed and that it was aggravated by the strain, which according to the only evidence given, had taken place. Compensation was allowed.98 Where a brewery assistant strained himself while lifting a cask, which resulted in a rupture in the same place where there was a rupture some years previous, the court held that this new rupture. was due to the accidental strain, and compensation was allowed.99 Where a trial court found that an employee had sustained a femoral hernia as the result of an accident, and that the injury was permanent unless relieved by an operation, it should have allowed compensation for a permanent injury, with leave to the employer to apply for a modification of the order if the employee unreasonably refused to submit to an operation.1

An employee claimed to have accidentally received a strain because of being compelled to sustain a heavy weight, which resulted in a left inguinal hernia. At the time he made no claim of the injury, as he felt no pain. The commission briefly reviewed the evidence and dismissed the claim on the grounds that a traumatic. hernia is accompanied with sufficient pain to make its appearance

C. A. 543; Scales v. West Norfolk Farmers' Manure & Chem. Co., 1913, W. C. & Ins. Rep. 165, 3 N. C. C. A. 277.

98. Cozoff v. Welsh, 18 Dom. L. R. 8, 28 W. L. R. 449, 1914, 14 N. C. C. A. 540.

99. Brown v. Kemp, 6 B. W. C. C. 725, 14 N. C. C. A. 535; Boggelyn v. Coronada Hotel & Frankfort Gen. Ins. Co. 1 Cal. Ind. Acc. (part 2), 276. 1.

McNally v. Hudson & M. R. Co., 87 N. J. L. 455, 95 Atl. 122, 10 N. C. C. A. 185 Yukanovitch v. Mass. Employees' Ins. Ass'n, 2 Mass. Wkm. C. C. (1914), 787, 10 N. C. C. A. 188, Kline v. Indus. Comm. 101 Wash. 365, 172 Pac. 343, 2 W. C. L. J. 167.

known to the workman at the time it happens and a complaint should be made to someone at the time.2

An employee, apparently in good health, suffered from a strain while lifting, and two days later was found to be suffering from a rupture, necessitating an operation, which resulted in death. The medical testimony was to the effect that the rupture was caused by the lifting. It was held that the death was caused by an accident.

Straining, blows and other accidents resulting in hernia, or aggravating previously existing conditions of hernia, are compensable. Hernia sometimes presents difficulties of evidence as to its cause, and calls for the testimony of surgical experts, the doubt being whether the hernia is traumatic or due to disease.1

Claimant sought compensation for a hernia, alleged to have been caused by an injury received while putting back the cover of the furnace. Medical testimony tended to show that the rupture was of long standing and that there was no indication of a recent injury. Compensation was denied on the ground that the burden of showing that the claimant was injured by accident, was not discharged.

Where an incomplete hernia, sustained as the result of an injury, was rendered complete by the rough handling of a physician of the insurance carrier, it was held that the resulting disability was due to an injury."

A fireman who suffered a hernia as the result of a fall, was

2. Wilson v. Allis Chalmers Co., Wis.. Ins. Com., 3rd Ann. Rep. 70, (1914).

3. Poccardi v. Public Serv. Com., 75 W. Va. 542, 84 S. E. 242, 8 N. C. C. A. 1065; Voorhees v. Smith-Schoonmaker Co., 86 N. J. L. 500, 92 Atl. 280, 7 N. C. C. A. 646; Andreini v. Cudahy Packing Co. et al. 1 Cal. Ind. Acc. Com. Dec. 8, 6 N. C. C. A. 390.

4. Ulrich v. Lenox Coat Apron and Towel Supply Co., 3 N. Y. St. Dep. Rep. 380; 171 N. Y. App. Div. 958, Mooney v. Weber Piano Co., S. D. R. Vol. 5, p. 396, August 11, 1915; 172 N. Y. App. Div. 917, January 18, 1916. 5. Nagy v. Solvay Process Co., 201 Mich. 158, 166 N. W. 1033, 17 N. C. C. A. 252, 1 W. C. L. J. 1049.

6. Clark v. Kennedy, 3 Cal. I. A. C. 125.

allowed compensation during actual disability and for disability, following an operation."

§201. Housemaid's Knee.-A plumber, while performing his ordinary duties, was compelled to rest upon his knees for long periods of time, which caused what is known as "Housemaid's Knee," a disease of the knee cap. This was held to be a compensable injury under the Connecticut act.s

§ 202. Hydrocele.-Where a delivery boy, after several falls from his bicycle, was operated upon for hydrocele, the existence of which was observed by the physician at the time of the first accident, the physician testifying that it was then admitted as having existed before that, the proof of accidental origin of the injury was insufficient, and compensation was refused.'

Where an employee slipped and fell injuring his testicle which developed into a hydrocele, he sustained a compensable injury under the Federal Act.10

§ 203. Hydronephrosis of Kidney. A grocer's clerk undertook to lift a heavy sack of coffee and injured his back, necessitating an operation for a condition of hydronephrosis of the kidney. It was found that the applicant was suffering from a floating kidney prior to the injury but the stricture was the result of the lifting and caused a kink in the ureter. It was held that the disability was caused by the accidental injury sustained in the course of the employment.11

$204. Hysterical Blindness.-Claimant sustained a blow on the head which impaired his vision, and for a long time after the wound in the head had healed claimant believed, because of neurotic conditions, that his eyesight was still impaired, It was

7. O'Brien v. Holmes, 37 N. J. L. J. 116. See also 6 N. C. C. A. 390, 406. 8. Roberts v. Hitchcock Hdw. Co., 1 Conn. C. Dec. 213.

9. Young v. Paris, 2 Cal. I. A. C. Dec. 518.

10. In re Mons Anderson, 2nd A. R. U. S. C. C. 113.

11.

Walters v. Brune, 2 Cal. I. A. C. D. 249, 10 N. C. C. A. 770.

held that this condition was traceable to the accidental injury, and compensable."

Where a girl was knocked down by a swinging door and total blindness resulted from a disability known as hysterical blindness, the injury was held to be due to an accident, and compensation for total disability was awarded.13

That the workman, but for want of sufficient will power, could have thrown off the condition of hysterical blindness and neurosis caused by the injury, did not deprive him of his right to compensation.14

§ 205. Hysterical Paralysis.-An axe fell 45 feet upon the right shoulder of applicant inflicting a ghastly wound. Prompt medical aid effected a healing of the wound, but the applicant was unable to use his arm, and professed a total paralysis of the arm and partial paralysis of the side although there was no physical derangement apparent. The accident board said, "While there is some difference of opinion among the physicians testifying as to whether or not the paralysis of applicant's arm is wholly functional and due to hysteria, all agree that, up to the time of giving their testimony, applicant Santini has suffered a total paralysis of the right arm and is unable to perform manual labor, and that he is not a malingerer. The difference between a malingerer and a hysteric is that the malingerer claims disability when he knows he has no right to do so, and the victim of hysteria claims disability in the unshakable conviction that he is disabled. In the language of Dr. McClenahan, an excellent authority on the subject, 'His injury is just as real to him as though it actually existed.” Compensation was awarded for total disability.15

Where the disability immediately caused by an accident had been cured, but a condition of hysterical paralysis and nervous spasm, amounting to a trumatic neurosis, existed, compensation was

12.

13.

Hurlowske v .American Brass Co., 1 Conn. W. C. D. 6.

Boyd v. Y. M. C. A., 3 Cal. Ind. Acc. 62.

14. In Re Hunnewell, 220 Mass. 351, 107 N. E. 934.

15. Santini v. Mammoth Copper Mining Co., 1 Cal. Industrial Acc. Comm. Dec. 161, 11 N. C. C. A. 32, note.

awarded pending disability, upon condition that if the sufferer should refuse hospital treatment at expense of the employer, compensation payments should be discontinued.16

Hysterical neurosis which comes as a result of an injury, entitles the one injured to compensation during the continuance of the disability arising from that cause."

17

A woman, in an effort to avoid injury from a broken pulley flying from a machine, strained her left leg and fell against a machine, causing her to suffer from traumatic neurasthenia. It was held that even though this disease exists only in the mind of the sufferer as a hysterical condition she had no power to prevent this mental condition, and is entitled to compensation for the results of the accidental injury.18

Claimant received personal injuries in an automobile accident arising in the course of his employment, and developed traumatic neurosis, resulting in loss of will power. This was held to be a compensable injury.19

§ 206. Infection. Where an employee's work caused his hands to become chapped and to bleed and while his hand was in this condition it became infected, the court held that it was not necessary to determine the exact source of the microbes that entered the hand, it being sufficient that the poisoned hand results from the injury, through the crack opening and becoming poisoned.20

Claimant was employed as a strainer of mahogany. Through the use of aniline dye his hands became cracked, and infection resulted, Reversing the action of the board, the court said, "If the injury to the claimant accurred by reason of the character of his employment, he is precluded from recovery, because the act

16. Ream v. Sutter Butte Canal, 11 N. C. C. A. 1048, 2 Cal. Ind. Acc. Comm. 187.

17. Linser v. Consumers Ice and Coal Co., Mich. Wkm. Comp. Cases (1916), 61.

18. Lucy Brewster v. W. H. Hemingway & Sons Soap Co., 1 Conn. Comp. Dec. 128.

19. Wm. R. Smith v. H. I. Smith, 1 Conn. Comp. Dec. 628.

20. Saddington v. Inslip Iron Co., Ltd., 1915, W. C. & Ins. Rep. 46, 17 N. C. C. A. 881; State Industrial Comm. v. Tolhurst Mach, Co., 184 N. Y. S. 608, 7 W. C. L. J. 136.