does not provide compensation for those suffering injury from occupational diseases. The claimant has failed to show that the infection resulted from an accident.'

7721

Claimant, who submitted to vaccination against her will, developed acute mastoiditis, lymphatic infection. In reversing an award in her favor, the court said: "It seems quite clear that claimant has failed to show any connection between her employment and the infection following vaccination. There was nothing in her employment which made her more susceptible to the reception of the germ than if she were elsewhere. The risk of infection was such and such only as that to which the general public was exposed Claimant's injury, if it can be traced to the vaccintion arose not out of her employment, but through the active agency of the Detroit board of health, which for the benefit of claimant as well as the public generally requested her to submit to the operation. ''22

Claimant was compelled to wade through impure flood water. At the time an old injury to his foot had not healed, and infection followed, rendering necessary the amputation of his foot. It was contended that the injury was not the result of an accident, but the court held that "the infection of an existing wound by contact with foreign matter seems to be within the ordinary meaning of the term, an unlooked for, untoward event which is not expected or designed. '''23

An iron worker injured his finger, and about a week later suffered a second injury to the same finger, and later blood poison caused his death. The evidence tended to prove that the injury did not break the skin, but the deceased had pricked it with a pin. The court, in affirming an award, said that the conflicting evidence would support a reasonable inference that an open wound was caused by one of the injuries and that blood poisoning resulted therefrom, rather than from a self-inflicted wound.24

21.

Jerner v. Imperial Furniture Co., 200 Mich, 265, 166 N. W. 943, 17 N. C. C. A. 344, 1 W. C. L. J. 1066.

22. Krout v. J. L. Hudson Co., 200 Mich. 287, 166 N. W. 848, 16 N. C. C. A. 881.

23. Monson v. Battelle, 102 Kan. 208, 170 Pac. 801, 17 N. C. C. A. 878. 24. Bushe v. Whitehead & Kales Iron Works, 194 Mich. 413, 160 N. W. 557, 15 N. C. C. A. 586; Kinney v. Cadillac Motor Car Co.,

Mich.

Where an employee accidentally forced a splinter into his hand. and blood poisoning ensued, the arbitration board found that the blood poisoning was caused by infection entering through the wound made by the splinter, and therefore compensable.25

Decedent contracted ivy poisoning while mowing weeds on defendants right of way. This later developed into blood poisoning and acute congestion of the lungs, from which he died. This was held to be an accidental injury and compensable.26

Where an employee injured his hand while using a wheelbarrow and infection followed, causing blood poisoning, and later the employee became insane, it was held that the insanity was the result of the accidental injury, and compensation was allowed.27

A coal miner, who had to kneel in the course of his work, found that a small piece of coal had worked itself into his knee, which later caused blocdpoisoning, resulting in death. This was held to be an accident, within the meaning of the English Workmen's Compensation Act.28

Where compensation was sought for death from blood poisoning, alleged to have been caused by vaccination, which developed an abscess about the knee, compensation was denied, because it was not shown that the infection of the knee joint would result from the vaccination on the arm. 29

After an employee had been pulling a chain he experienced sharp stinging feeling at the base of the middle finger. Later blood

165 N. W. 651, 15 N. C. C. A. 586; Dove v. Alpena Hyde and Leather Co., 198 Mich, 132, 164 N. W. 253, 15 N. C. C. A. 586; Blaes v. Dolph, 195 Mich. 137, 161 N. W. 885, 15 N. C. C. A. 587.

25. McDonald v. Fidelity & Deposit Co. of Maryland, 2 Mass. Wkm. C. C. 529, 11 N. C. C. A. 495; Marinelli v. Contractors Mut. Liab. Ins. Co., 1 Mass. Wkm. C. C. 414, 11 N. C. C. C. A. 496; In re Robert L. Hawkins, 2nd A. R. U. S. C. C. 103.

26. Plass v. Central N. Eng. R. R. Co., 169 N. Y. App. Div. 826, 155 N. Y. S. 854, 11 N. C. C. A. 498.

27. Whalen v. U. S. Fidelity & Guarantee Co., 2 Mass. Wkm. C. C. 318, 11 N. C. C. A. 498; Chiesa v. U. S. Crushed Stone Co. 1 Bull. Ill. I. Bd. 82 11 N. C. C. A. 504.

505.

28. Thompson v. Ashington Coal Co., 3 B. W. C. C. 21, 11 N. C. C. A.

29. In Re Miller, Ohio Ind. Com. No. 78789, Aug. 16, 1915, 11 N. C. C. A. 506.

poisoning resulted and developed into a retrocecal abscess, from which the patient died. The mother of deceased contended that the retrocecal abscess was caused by metastatic infection from the abscess in the hand, and that death was proximately caused by accident. There was no direct evidence of any accident having happened to deceased. That a sliver of steel from the cable entered his hand was a mere matter of conjecture upon which the court would not base an award.30

Where disability was aggravated by conscientious, but improper, treatment given the injury by the injured employee herself, and infection resulted which would have been avoided had the employer promptly furnished medical services, the employer was liable for medical expenses consequent upon the aggravation.3

31

An employee worked kneeling while painting a deck, and bursitis and infection developed in his knee, and medical experts testified that the injury could only come from accident in such employment, then, although no accident can be definitely proved, the cause of injury was sufficiently connected with the employment as an accidental cause.32

Where an employee received a cut on his hand, and later infection developed in his shoulder, the court held that the infection in the shoulder was traceable to the original injury to the hand, which might readily produce the chain of disorders which eventually resulted in death.33

An employee suffered an injury consisting of a fracture to the femur. He was treated properly, but blebs followed, and these blebs became infected and ulcerated. After a lapse of three months a deep seated infection set in. Before the blebs and resulting ulcers disappeared, however, several months had intervened and the tissues of the lower leg had become weakened and the skin tender. The lapse in time militates against the theory that

30. Olney v. West Side Lbr. Co., 2 Cal. Ind. Acc. Comm. 272, 11 N. C. C. A. 508; Beckster v. Pattison, 1 Conn. C. Dec. 61.

Dec. 1038.

31. Forgues v. Southern Pac. Co., 2 Cal. I. A. C. 32. Porter v. Anderson, 1 Cal. I. A. C. D. 608; Johnson v. Sudden & Christenson, 1 Cal. I. A. C. D. 422.

33. Engstrom v. L. Candee & Co.; 1 Conn. Comp. Dec. 691; Foly v. A. T. Demarest and Co., 1 Conn, C. D. 661.

the deepseated infection resulted from the injury, while the weakening of the tissues above mentioned would tend to establish the existence of such relation. The deep seated infection was held to be due to the accidental injury, and compensable.34

An infection of the hand and a secondary infection of the leg, resulting from an abrasion of the skin and the accidental introduction of a foreign substance, is an injury within the act.35

Applicant was denied compensation for an amputated finger, which amputation was alleged to have been made necessary as the result of a burn, suffered while striking a match to light the gas for a body ironer, in the employer's laundry. The wound afterward became infected. The evidence was held sufficient to establish the fact that the injury to the finger was due to an accident, which occurred in the course of employment.36

An employee suffered an injury to his foot, which produced such a physical condition that it was susceptible to infection from a slight injury, and thereafter, probably from chafing of his shoe, a break of the skin was caused, which resulted in blood poisoning and death. This was held to be a compensable injury.37 But abrasions of the feet caused solely from the rubbing of ill fitting shoes are not compensable injuries,38 unless the nature of the employment subjects the employee to unusual risks of injuries from shoes, as hiking.39

Where a boy riding a bicycle was injured in his hip by a fall from the wheel and infection developed, causing long disability, it was held that the injury was due to traumatism and not to an infectious disease which the boy had suffered four years previously.40

34. Frank Melia v. The Race Brook Country Club & The Aetna Life Ins. Co., 1 Conn. C. Dec. 549.

35. In Re claim of L. B. Green, Op. Sol. Dep. C. & L., p. 199. 36. Wells v. Metropolitan Laundry Co., 1 Cal. Ind. A. C. part 2, 66; Netherland v. Contra Costa Const. Co., 1 Cal. I. A. C. part 2, 440.

37. Maroney v. Gilbert Mfg. Co., Conn., Comp. Com. Third Dist., Beers, Com'r, Feb. 17, 1917 (Unreported).

38. In re Wallace D. Westfall, 2nd A. R. U. S. C. C. 91; In re Chas. A. Chapman, 2nd A. R. U. S. C. C. 92.

39. In re Walter Enborn, 2nd A. R. U. S. C. C. 243.

A

Where an employee did not regain normal health but continued in a weak and debilitated condition after recovering from the direct effects of an accident, and died thirteen months thereafter from bronchitis following influenza, it was held that the bronchitis proved fatal because of the condition to which the accident had reduced the deceased, and that death resulted from the injury.41

Where a workman had returned to work after an operation, with orders not to strain himself, while working at the lever of a machine, and he was later discovered talking to a foreman, while blood was streaming from the wound, after which septic poisoning followed, resulting in the man's death, in the absence of direct evidence as to what had happened, the court drew the inference that the wound had burst open through the strain of working the lever, and awarded compensation.*

42

An employee came in contact with a live electric wire, which caused him to fall from a ladder, seriously injuring him. Typhoid infection developed, and resulted in death. Medical testimony showed that deceased was very susceptbile to infection, his system not being able to withstand an attack of that disease by reason of the fact that he had never recovered from the effects of the injury. Compensation was awarded. 43

Where the wounded wrist of an employee had practically healed when he engaged in a boxing match, which stirred the bacteria, causing the wrist to become infected, finally resulting in the loss of the bones of the hand and wrist, the court held that the infection was not due to the accidental injury.*

44

An employee, engaged in shaving and painting poles, bruised the flesh and knocked a small piece of skin from his hand. He continued work for three or four days until he was unable to work because of blood poisoning, produced by germs entering the flesh through the break in the skin. It was impossible to ascertain the

41. Thoburn v. Bedlington Coal Co., 5 B. W. C. C. 128; Re L. F. Perron, Op. Sol. Dep. C. & L., pg. 579.

42. Groves v. Buroughes & Watts, 4 B. W. C. C. 185.

43. Re J. B. Atkinson, Op. Sol. Dep. C. & L. pg. 197.

44. Kill v. Industrial Com. of Wis., 160 Wis. 549, 152 N. W. 148, L. R. A. 1916A, 14.