1

Acceleration or aggravation of pre-existing disease

reversed the finding of the County Court and held that there was no evidence to support the finding that the original injury had anything to do with the disability which later developed. The Court of Appeal discussed the case at some length and held that the disability from which the workman suffered was not an accident and that it had no connection with the original injury, and therefore denied compensation. Noden v. Galloways (1911), 5 B. W. C. C. 7.

A workman lifting a heavy weight involving considerable exertion felt a sharp pain and had to leave off work. He was found suffering from advanced heart disease which was bound to manifest itself sooner or later and might do so without any exercise on his part. It was held that the workman had not proved that he had sustained an accident arising out of his employment, or that the work which he had done had accelerated the progress of the disease, and compensation was refused. Spence v. W. Baird & Co. (1912), 49 Sc. L. R. 278; 5 B. W. C. C. 542.

A workman with degenerate arteries, whose work was very heavy, fell out of a railway truck on his head. He resumed work in three weeks, but shortly afterward became incapacitated again and was found to be suffering from aneurism. The County Court judge found that the accident had accelerated the aneurism and granted compensation. The Court of Appeal reversed the decision and sent the case back for a re-hearing, on the ground that there was no evidence that the aneurism had been in existence at the time of the accident. Taylor v. Bolckow, Vaughan & Co. (1911), 5 B. W. C. C. 130.

A workman, suffering from heart disease, had to leave work owing to the weakness of his heart. He alleged that he had strained his heart in turning a heavy valve. The judge did not believe the evidence and there was no other evidence of the accident, but nevertheless he awarded compensation. On appeal the judgment was reversed on the ground that there was no evidence to support the finding and compensa

Disability made more scrious by illness or other contributing cause tion was refused. Beaumont v. Underground Electric Railways Co. of London (1912), 5 B. W. C. C. 247.

Where a workman who suffered from an old hernia, suddenly felt a severe pain while at work in a mine and the hernia became strangulated and he died as a result, it was held in the absence of evidence that anything which he was doing was likely to cause him a strain, that there was nothing on which the court could found a claim for compensation. Perry v. Ocean Coal Co. (1912), 5 B. W. C. C. 421.

Where an employé had suffered from a hernia and there was a recurrence of this hernia, but the employé stated that there was no accident that caused his injury, and he was unable to give any specific date when the same was received, it was held that compensation must be denied. Re C. R. Ensey, Op. Sol. Dep. C. & L., p. 592.

A coal miner suffering from Bright's disease told a fellow employé that he had hurt himself, and the fellow workman saw marks of an injury. The miner went home and died in a short time from uraemia, as a post mortem examination proved. It was held that there was not sufficient evidence that the man had met with an accident and compensation was refused. Ashley v. Lilleshall Co. (1911), 5 B. W. C. C. 85.

A miner lost the sight of an eye by accident and received full compensation. He recovered and was able to earn full wages as before the accident. On application by the employers to terminate the compensation payments it was admitted that the workman had incipient cataract in the other eye which would ultimately totally incapacitate him, but that it was in no way due to the accident. It was held that the payments should be terminated. Hargreave v. Haughhead Coal Co. (1912), 5 B. W. C. C. 445.

23. Disability made more serious by illness or other contributing cause.

Where the accidental injury causes disability the injured employé is entitled to compensation even though the dis

Infections due to lowered vitality

ability is made more serious by reason of illness or other contributing cause. But the compensation awarded is to be measured by the disability directly traceable to the accident, and when such disability ceases the compensation terminates, although the injured person may be still disabled by the illness or some other cause wholly unrelated to the accident. Mack v. Pacific Telephone & Telegraph Co., Cal. Indus. Acc. Bd.

A workman tripped over a piece of iron plate and sustained a fall in the plant of the respondent. Disability followed the injury. The arbitration committee held that the injury sustained was responsible for a portion of the disability and awarded twelve weeks' compensation. There was some evidence that the ankle in question had given applicant some trouble prior to the date of the alleged accidental injury, and that he had been disabled through said affliction for some time in the spring of 1912. Considerable expert testimony was introduced to prove that the condition of the applicant's ankle was due to tubercular infection. It was held that the claim of the applicant that the ankle was injured by the fall over the iron plate was sustained by a fair preponderance of the evidence. Also that the claim of the employé that the disability which still continued was due largely to a tubercular condition of said ankle was sustained by a fair preponderance of the evidence. The Board therefore reached the opinion that the injury sustained by the applicant while in the employ of the respondent was responsible for a portion of the disability, and that the period of twelve weeks allowed by the committee on arbitration was reasonable under the circumstances. Sharf v. Packard Motor Co., Mich. Indus. Acc. Bd., April, 1913.

24. Infections and other ailments contracted by reason of lowered vitality due to previous injuries.

After recovering from the direct effects of an accident a workman did not regain his normal health, but continued

Infections due to lowered vitality

in a weak and debilitated condition. Eventually he died, thirteen months after the accident, from bronchitis following influenza. The County Court judge found that the bronchitis proved fatal because of the condition to which the accident had reduced the deceased, and that death resulted from the injury. The Court of Appeal held that there was evidence to support the finding and compensation was awarded. Thoburn v. Bedlington Coal Co. (1911), 5 B. W. C. C. 128.

Where the employé developed a condition of tuberculosis, which condition was said by the physicians to be due to shock and low vitality, resulting from the original injury, it was held that he was entitled to compensation. Re L. F. Perron, Op. Sol. Dep. C. & L., p. 579.

A workman who had undergone an operation returned to work before the operation wound was completely healed, with instructions not to strain himself. He worked at the lever of a machine. A fellow workman, noticing that the machine was stopped, looked for the man and saw that he was talking to the foreman some yards away. It was then seen that blood was flowing freely from the operation wound and soaking into his boots. Septic poison followed, and the man died. In the absence of direct evidence as to what had happened the County Court judge drew the inference that the wound had burst open through the strain of working the lever, and awarded compensation to the dependents. It was held on appeal that there was evidence from which the County Court judge could draw this inference. Groves v. Burroughes & Watts (1911), 4 B. W. C. C. 185.

A severe accidental injury which, although it does not incapacitate the employé, exposes him to an infectious disease, and so weakens him that he is unable to withstand it, may thus give rise to a disability for which compensation is payable. Re J. B. Atkinson, Op. Sol. Dep. C. & L., p. 197. In the course of his employment, the claimant in this case came in contact with a live electric wire which caused him

Condition due to medical treatment

to fall from the ladder on which he was working a distance of about thirty-two feet. He was badly bruised, the ligament of his right shoulder was torn loose, and he was unable to use his lower limbs. Notwithstanding the seriousness of his injury the decedent continued work for a time, when he was compelled to give up, at which time his condition was diagnosed as typhoid infection, from which disease he died a short time later. The examining physician testified that the deceased was very susceptible to infection from typhoid fever, 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. It was held that under such circumstances he was entitled to compensation.

Applicant claimed compensation for indigestion which he alleged had resulted from an injury caused by a falling bolt which struck him on the head ten months previously to the date of the claim. The original injury had necessitated an operation. Compensation was denied, on the ground that the applicant had fully recovered from injuries which were the proximate result of the accident. Kawalki v. Wausau Sulphate Fibre Co., Wis. Indus. Acc. Bd., Aug. 24, 1912. Where an employé was kicked by a horse in July and he died in October following, it was held that there was no causal connection between the kick and the death, and the claim of the widow for compensation was denied. Boyd v. Travelers Insurance Co., Mass. Indus. Acc. Bd.

25. Condition due to medical treatment.

It seems that a workman is entitled to compensation, although his condition is attributable to defective medical treatment. Beadle v. Milton & Others (1903), 114 L. T. 550; 5 W. C. C. 55. Whether present incapacity for work results from the injury or from neglect of medical or surgical advice is a question of fact. Smith v. Cord Taton Colliery Co. (1900), 2 W. C. C. 121.

A workman's hand was caught between two rollers and