losis, from which he died, on conflicting medical testimony, the county court held that the applicant had not sustained the burden. of showing that there was any connection between the rupture and the death.17

Decedent sustained a severe injury to the lower part of his back, as the result of an accidental fall. Later he died from pulmonary tuberculosis, a disease with which he was afflicted prior to the date of the injury. In affirming an award, the court said: "The evidence authorizes the inference that the accidental injury suffered by Cruse while in appellant's employment aroused the latent germs of the disease to which he was predisposed, materially accelerated the disease, and caused his death earlier than it would otherwise have occurred. ''18

Compensation was denied for disability caused by tubercular pleurisy following an accidental injury, upon failure to show that the disease, which developed three weeks after the accident, was due to the accidental injury. 19

Tuberculosis which develops gradually as an occupational disease, and is not due to traumatism, is not a compensable injury. 20 Where a gradually lowering vitality, pains, miliary tuberculosis and death successively followed a gas explosion, which caused first degree burns about the employee's face, the employee

17. Kemp v. Clyde Shipping Co., Ltd., 119 L. T. R. 131 (1918) 17 N. C. C. A. 875. In re Nicholas Hurfurth, 3rd A. R. U. S. C. C. 143. In re Joe Wilson, 3rd A. R. U. S. C. 143; In re Frank Gale, 3rd A. R. U. S. C. C. 144; Garnett v. Buchanan, 3rd A. R. U. S. C. C. 145.

18. Retmier v. Cruse. Ind App.,

119 N. E. 32, 17 N. C. C. A. 870; 1 W. C. L. J. 971; Hatch v. J. Newman & Sons, 1 Conn. C. D. 65; Nelson v. McLarnon & Co. Inc., (1916), 9 N. Y. S. Dep. Rep. 325; Bakeman v. Devine & Sons, (1916), 9 N. Y. S. Dep. Rep. 322. Glennon's Case Mass. -, (1920), 128 N. E. 942, 7 W. C. L. J. 210. In re F. A. Peterson, 3rd A. R. U. S. C. C. 145; Republic Iron & Steel Co. v. Markiowicz-Ill., (1921), 129 N. E. 710.

19. Gomez v. Southern Eureka Mining Co. 1 Cal. I. A. C. Part 1, 180; Frabbie v. Freeburg, 1 Conn. C. D. 615.

20. Dependents of William Francis Kane v. New Haven Union Co., 1 Conn. C. D. 492.

W. C.-31

having previously been in good health, the death was held to have been caused by the accident.21

Where a workman, injured by an explosion, claimed that subsequently contracted tuberculosis was directly caused by the accident, it was held, on conflicting testimony, that he had not sustained the burden of his contention, and compensation was awarded for the direct injuries, but not for the disability due to the tuberculosis, 22

Where an employee working on a crane was compelled to jump into the river to save himself, and the exposure which resulted caused pulmonary tuberculosis, it was held that he suffered an accidental injury.23

Where an employee at the time he received a severe blow on or over the spine, was affected with Pott's disease, or tuberculosis of the spine, and that said disease, by reason of the injury, became incited to virulent activity, rendering the employee totally and probably permanently disabled about five weeks after the accident, compensation was allowed, the court saying: "Likewise the courts, consistent with the theory of workmen's compensation acts, hold with practical uniformity that, where an employee afflicted with disease receives a personal injury under such circumstances as that he might have appealed to the relief on account of the injury had there been no disease involved, but the disease as it in fact exists is by the injury materially aggravated or accelerated, resulting in disability or death earlier than would have oth erwise occurred, and, the disability or death does not result from the disease alone progressing naturally as it would have done under ordinary conditions, but the injury, aggravating and accelerating its progress, materially contributes to hasten its culmination in disability or death, there may be an award under the compensation acts."'24

21. Heileman Brewing Co. v. Schultz, 161 Wis. 46, 152, N. W. 466, 15 N. C. C. A. 643.

22. Feldman v. Westinghouse Electric and Min. Co., 36 N. J. L. J. 48, 23. Rist v. Larkin & Sangster, 156, N. Y. Supp. 875, 171 App. Div. 868; In re Evar Soderstrom, 3rd A. R. U. S. C. C. 146.

24. In re Colan, 64 Ind. App.-, 116 N. E. 842, 15 N. C. C. A. 633.

An employee suffered a strain, and later died of milary tuberculosis. Medical testimony was to the effect that the conditions following an injury that are necessary to cause the tubercular germ to become active were not present, and in no case could a strain cause the germs to become active. The court held that the evidence failed to show any relation between the injury and the diseased condition which caused the death.25

Where tuberculosis of the bone developed several months subsequent to an injury to a wrist, and evidence showed that no tubercular condition existed prior to the injury, it was held that this was an injury, and compensable under the California Act.20

Compensation was denied for disability due to pulmonary tuberculosis, claimed to have been brought on through exposure during a ride in an automobile provided by the employer for taking his men to their place of work. Medical testimony was to the effect that climatic conditions on the day of the ride had no effect on the disease, nor did the chill. It was held that there was no causal connection between the claimant's employment and the tuberculosis; that his employment neither produced the disease nor accelerated its progress.27

Compensation was denied for tubercular peritonitis, alleged to have been caused by a fracture of a leg, because of insufficient evidence to show any connection between the injury and the disease. 28

An employee, while engaged in lifting a box, fell and struck his neck above the collar bone, and about nine months later he died of pulmonary tuberculosis. In affirming an award, the court said: "The evidence shows quite clearly, and the commission has found, that the disease existed before the injury, which accelerated the disease and shortened life. The injury caused a hemorrhage,

25. Albaugh-Dover Co. v. Industrial Bd. of Ill. 278, Ill. 179, 115 N. E. 834, 14 N. C. C. A. 545.

26. Soria v. Marshall, 3 Cal. I. A. C. 96; Stone v. S. L. Smith Co. (1916) 3 Cal. I. A. C. 365; Lorenzo v. Begelow-Hartford Carpet Corp. 1 Conn. C. D. 216. In re James E. King, 3rd A. R. U. S. C. C. 146.

27. Dionne v. Fred T. Ley Co., (Mass.) W. C. Cas. No. 1632, 1915, 12 N. C. C. A. 314; Franklin v. U. S. Casualty Co., 2 Mass. Ind. Acc. Bd. 758. 28. Capelli v. Crawford, 6 N. Y. S. Dep. Rep. 349.

which, so far as the evidence discloses, the deceased never experienced before or after, and there is medical testimony to the effect that such an injury would develop the disease then existing. If an employee has a disease, and, having the same, receives an injury arising out of and in the course of employment,' which acelerates the disease and causes his death, such death results from such injury, and the right to compensation is secured, even though the disease itself may not have resulted from the injury."

An employee was crushed under a load of lumber and sustained several broken ribs, and other lesser injuries. He was confined to his bed until his death, six weeks later. An autopsy disclosed that the decedent had pulmonary tuberculosis in such an advanced stage that one lung had been entirely destroyed and the other to a considerable extent, also that he was suffering from other diseases. Three physicians testified that, in their opinion, his death was caused by pulmonary tuberculosis, and that the injuries which he had sustained were not sufficient either to cause or hasten his death. Other witnesses testified that deceased had worked continuously at hard labor until the accident, had apparently been in good health at all times theretofore, and had never been able to leave his bed thereafter. The court held that the trial court was not concluded by the testimony of the experts, and its finding that the death was caused by the injuries was sustained.30

Where tuberculous infection developed in a wound caused by an accidental injury, compensation was allowed.31

Where a condition of tuberculosis, which had been dormant, was aggravated by an accidental injury, to renewed activity, the subsequent illness due to the renewed tubercular infection is proximately caused by the accident, and compensation may be awarded therefor. In this case the medical testimony showed that the injury constituted only a sprain of the ankle, but that the accident had caused a latent tubercular condition to spring into renewed activity.32

29. Van Keuren v. Dwight Divin & Sons, 179 N. Y. App. Div. 509, 165 N. Y. Supp. 1049, 15 N. C. C. A. 644.

30. State ex rel Jefferson v. District Court of Ramsey Co., 138 Minn. 334, 164 N. W. 1012, 15 N. C. C. A. 645, 1 W. C. L. J. 216.

31.

32.

Festa v. Burns Co., (1916) 9 N. Y. St. Dep, Rep, 277.

Maurmann v. Chirhart & Nystedt, 1 Cal. I. A. C. D. 1914, 499, 10

Where an employee suffered an injury to his wrist and the recovery was impeded by a tubercular condition of the wrist, on the question whether the employer was liable for the prolonged dis ability or only for the length of time which an ordinarily healthy person would be incapacitated, the commission held that: "An employer must take his employees as he finds them. An exception is made, however, where the duration of a disability is unduly prolonged by syphilis, chronic varicose ulcers, or tuberculosis, and in such cases compensation will be awarded only for the longest period of disability for which a normal person sustaining the same accidental injury would reasonably be disabled. This exception controls the present case where applicant was suffering from a tubercular condition."' 33

Where deceased sustained injuries as a result of being thrown from the van which he was driving, when his horse ran away, and 6 months later died from tuberculosis, it was held that the finding that death was due to the injuries received was sustained by the evidence.84

Tuberculosis is not recognized as an occupational disease, and will not be considered as an industrial injury unless there is proof that the tubercular condition was caused by an injury.3

35

Evidence that an employee received a slight blow on the jaw, is not sufficient to sustain an award for incapacity resulting from tuberculosis of the cervical glands, alleged to have been brought on by the injury.3

36

Where the evidence showed that the tuberculosis of the left knee developed as the result of an injury, it has been held that a previous tubercular tendency would in no way affect a right to compensation."

37

N. C. C. A. 768; Birk v. Matson Nav. Cɔ., 2 Cal. I. A. C. D. (1915), 177, 10 N. C. C. A. 769.

33. Van Dalsem v. Di Fiore, 1 Cal. I. A. C. D. (1914) 229, 10 N. C. C. A. 769.

34. Beare v. Garrod, 8 B. W. C. C. 474, 10 N. C. C. A. 756.

35.

Coates v. City of Elsinore (1916) 3 Cal. I. A. C. 269.

36. In Re Claim of T. F. Luttrell (1909) No. 852, Op. Sol. Dep. C. & L. 1915, 219, Leary v. Traveler's Ins. Co., 2 Mass. I. A. Bd. 184.

37. Wabash R. R. Co. v. Industrial Comm., 286, Ill. 194, 197, 121 N. E.

569.