While a railroad employee was riding on top of a car in passing through a tunnel he became dizzy from inhaling smoke and gases. As result of the dizziness he fell from the car and was run over by other cars. This was held to be a compensable accidental injury.72 A gas fitter died from paralysis, due to cerebral hemorrhage, a few days after he had inhaled coal gas, but the evidence showed that seven months previous to his death he had suffered from an attack of paralysis. The county court Judge decided that the death was not due to gas poisoning. This was a decision of a question of fact within the power and duty of the county judge.73 Cardiac hypertrophy, resulting from the inhalation of fumes of ether in a mixing house at the naval proving ground, caused the death of an employee. This was held to be a compensable injury.74 Enteritis, contracted from inhaling sewer gas in the course of employment, accelerated long-standing heart disease, which incapacitated the man from work sooner than the heart disease would have incapacitated him. This was held not to be a personal injury by accident.75 Where death resulted from -breathing carbon monoxide gas in a beer tank where charcoal had been burned to dry the tank, the death was held to have been due to an accident.76 Compensation for disability from bronchitis alleged to have been caused by the inhalation of poisonous fumes from a forge was disallowed on a conflict of medical testimony." 72. Caccavano v. N. Y. Q. & W. Ry. Co., 6 N. Y. St. Dept. Rep. 380, 12 N. C. C. A. 471. 73. Dean v. London & N. W. Ry. Co., 3 B. W. C. C. 351, C. A. 74. Re Basil E. Clark, Op. Sol. Dep. L., page 270. 75. Broderick v. London County Council, 1 B. W. C. C. 219; Eke v. Sir William Hart Dyke, 3 B. W. C. C. 482. 76. Market v. National Brg. Co., 2 Cal. I. A. C. 876; Burgess v. Geo. Star and Empire Mines and Investment Co., 2 Cal. I. A. C. 88. 77. In re Willehad K. Seward, 2nd A. R. U. S. C. C. 153. § 209. Ink Poisoning. Disability caused by ink poisoning to the hands of an employee required to work with the solution is a compensable injury under the Federal Act.78 § 210. Insanity.-In October a workman suffered an injury to his thumb, which, due to infection, was slow in healing. He could not work. After Christmas he became very depressed, and began to suffer from neurasthenia and in a few days threw himself under a train and was killed. The court, in denying compensation, said: "I think if we were to assent to the very able and interestng arguments whch we have heard we should be driven to say that, wherever we find an accident which involves, as so many accidents do, depression of spirits, particularly in the case of a man who had been leading an active life as a laboring man or artisan, depression at being kept from his work and idling about at home, then if neurasthenia and suicide result, they can all be traced directly to the accident. If we were to say that, we should be opening a very wide door; and I think we ought not to do so. I think, as the Scottish court said, there must be some direct evidence of the insanity being a result of the accident--something more than the insanity being subsequent in turn to the accident. The legal causation must be established and proved."79 Subsequent insanity of an employee does not deprive him of compensation due him under the act.80 Where an employee became insane after an accident, but due to a constitutional disease, rather than the accident, compensation was denied.81 Where an injured employee became insane after an operation for hernia, but it was shown that the patient had a hereditary predisposition to insanity, compensation was denied.82 78. In re Wm. S. Crews, 2nd A. R. U. S. C. C 166. 79. Withers v. London B. & S. Co. Ry., (1916) W. C. & Ins. Rep. 317, 15 N. C. C. A. 349. 80. 81. 82. In re Walsh, 227 Mass. 341, 116 N. E. 496, 15 N. C. C. A. 345. Kato v. Godin, 3 Cal. Ind. Acc. Comm. 333; Simon v. H. J. Cathroe, 162 N. W. 633, 101 Neb. 211. Insanity proximately caused by an accidental injury is a proper basis for compensation.83 Where an accidental injury, resulting in total blindness, produced a condition of the mind upon which softening of the brain supervened, causing death, it was held that the death resulted from the injury.84 Where a pre-existing constitutional disease, known as syphilis, was aggravated, by an injury due to an accident, until general paralysis or insanity resulted, depriving the employee of all capacity for work in the future compensation was allowed. The court said: "The statute prescribes no standard of fitness to which the employee must conform and compensation is not based on any implied warranty of perfect health, or immunity from latent and unknown tendencies to disease, which may develop into positive ailments, if incited to activity through any cause originating in the performance of the work for which he is hired. What the legislature might have said is one thing, what it has said is quite another thing, and in the application of the statute the cause of partial or total incapacity may spring from, and be attributable to the injury just as much where undeveloped and dangerous physical conditions are set in motion producing such result, as where it follows directly from dislocations; or dismemberments; or from internal organic changes capable of being exactly located.85 In the absence of a showing that insanity resulted from an accidental scalp wound, compensation was denied.s 86 An employee received an injury to his hand and bloodpoison developed, resulting in insanity. While insane the employee com 83. T. F. Hayes v. Standard Oil Co., 1 Cal. Ind. Acc. Com. 218, 14 N. C. C. A. 771; In re Arthur W. Shultz, 2nd A. R. U. S. C. C. 70. 84. Mitchell v. Grant & Aldcroft, 7 W. C. C. 113. 85. In re Crowley, 223 Mass. 288, 111 N. E. 786, 15 N. C. C. A. 345. 86. Brownlee v. Coltness Iron Co., Ltd. (1917), W. C. & Ins. Rep. 235, (1917), 1 Sc. L. T. 185 15 N. C. C. A. 347; Slater v. Blyth Shipbuilding & Dry Docks Co., (1914) W. C. & Ins. Rep. 38, 7 B. W. C. C. 193, 11 N. C. C. A. 800; In Re Ebner, Ohio Ind. Com. Dec. No. 1320, May 12, 1913, 10 N. C. C. A. 1045. mitted suicide. The court held that the death resulted from the accident.87 Where an employee is present at the scene of death by accident of several employees, and becomes insane while attempting to rescue his fellow employees, such insanity is a disability proximately caused by accident, and compensable.8 88 An employee received an injury through a splash of molten lead in his eye. Later a condition of insanity developed, and while in this state he threw himself from a window of the hospital and was killed. The court held that there was sufficient evidence to establish the fact that the death was due to the original accident.89 Where an employee suffered total blindness from an injury to his eyes, and later committed suicide the court held that evidence to show the connection between the suicide and insanity alleged to have resulted from the accident, should have been admitted.90 Insanity is not to be inferred merely from the fact that a workman who had received an injury to his eye, and was suffering great pain, committed suicide, although there was no other reason advanced for the act except the injury.91 A motorman was operating an elevated train which collided with another train, as the result of which the motorman received a shock that caused insanity. Compensation was awarded.92 A blistered hand became infected and required two operations. The employee was driven insane through suffering and nervous. conditions, and it was held that the connection between the per 87. Chisea v. United States Crushed Stone Co., Ill. I. Bd. No. 629, Oct. 28, 1914, 11 N. C. C. A. 504. 88. Reich v. City of Imperial, 1 Cal. I. A. C. Dec. (1914) 337, 10 N. C. C. A. 479. 89. In Re Sponatski, In Re Standard Acid Ins. Co., 220 Mass. 526, 108 N. E. 466, 8 N. C. C. A. 1025, L. R. A. 1916A, 333. 90. Malone v. Cayzer, Irwine & Co., 1 B. W. C. C. 27, (1908), S. C. 479; 45 Sc. L. R. 351, 8 N. C. C. A. 1026; Southall v. Cheshire Co. News Co., 5 B. W. C. C. 251 (1912), 8 N. C. C. A. 1028, L. R. A. 1916A, note 339. 91. Grime v. Fletcher, 8 B. W. C. C. 69; Furnivale v. Johnson, 5 B. W. C. C. 43, 92. McMahon v. Interborough Rapid Transit Co., 5 N. Y. State Rep., 371. sonal injury and the insanity being unbroken, this was a personal injury arising out of the employment.93 Insanity resulting from the use of drugs is not a compensable injury.94 § 211. Insect Bite. Where the claimant, while working received an insect bite which became infected from handling of meal, it was held that he received an accidental injury for which compensation would be allowed.95 Where a dependent claimed that the death of deceased was due to infection caused by an insect bite received while cleaning the cellar of his employer's building, but the hospital records showed that death was due to chronic cardiac valvular disease, the Industrial Accident Board found that the death was not due to the accident, and dismissed the claim.96 § 212. Ivy Poisoning.-Where it was found that ivy and septic poisoning were the remote cause of an employee's death, and that his poisoned condition predisposed him to acute congestion of the lungs, from which he died and the ivy poisoning was contracted while mowing grass along a railroad track, the court held that death resulted from a compensable accident.97 § 213. Lead Poisoning.-A workman who gradually contracted lead poisoning from working in a room where there was molten lead and fumes arising therefrom, was held not entitled to an award of compensation under the Connecticut act, as the disease was occupational, and not compensable under the act.98 93. Whalen v. U. S. Fidelity & Guaranty Co., 2 Mass. I. A. Bd. 318, 11 N. C. C. A. 498. 94. In Re Geo. H. Himes, 2nd A. R. U. S. C. C. 122. 95. In Re Dave, 11 N. C. C. A. 497, Ohio Ind. Comm. No. 110808. 96. Campbell v. Aetna Life Ins. Co., 2 Mass. Workm. C. C. 701, 11 N. C. C. A. 507. 97. Plass v. Central New England R. Co., 169 N. Y. App. Div. 826, 155 N. Y. Sup. 854, 14 N. C. C. A. 141. 98. Miller v. American Steel & Wire Co., 90 Conn. 349, 97 Atl. 345, 14 N. C. C. A. 842. |