372--Accident arises out of employment when there is causal connection be-
tween it and performance of some service of employment.-For
causal relation to exist between employment and injury, injury
need not be one which ought to have been foreseen but it must be
one which, after event, may be seen to have had its origin in na-
ture of employment, Empire Health & Acc. Ins. Co. v. Purcell
(Ind.)
372-Accident" within act, defined. General Am. Tank Car. Corp. v. Wei-
rick (Ind.)

§ 373.

-

PARTICULAR CAUSES OF INJURY.
373-Employee's injury by fellow workmen wrestling held not one "arising
out of employment. Great Western Power Co. of California v. In-
dust. Acc. Comm. (Cal.)
373-Injury in quarrel with another employee concerning amount of work
done by each held compensable. Payne v. Wall (Ind.).
373-Injury by coemployee in play held not one arising out of and in
course of employment". Fed. Mut. Liability Ins. Co. V. Indust.
Acc. Comm. of California (Cal.)

373 Death of epileptic employee, falling into ash pit and receiving fatal
burns, held compensable. Rockford Hotel Co. v. Indust. Comm. (Ill.)
373-Workman doing work in normal and regular way, who sustained ingui-
nal hernia in lifting, held to have sustained "personal injury by
accident", such injury being accidental. Terre Haute Malleable &
Mfg. Co. v. Wehrle (Ind.)..
373-Injury to carpenter developing "housemaid's knee" held accident",
arising out of and in course of employment". Standard Cabinet Co.
v. Landgrave (Ind.)
373-Poisoning of hand by continuous dipping in solution held not an acci-

dent within act. Jeffreyes v. Chas. H. Sager Co. (N. Y.)
373-Injuries caused by using lamp contrary to rules, held compensable.
Kraft v. West Hotel Co. (Ind.)
373-Disability from disease contracted by drinking polluted water furnished
by employer held "injury" by "accident". Wasmuth-Endicott Co.
V. Karst (Ind.
373-Injury in personal altercation between employees not compensable.
Urak v. Morris & Co. (Neb.)
373-Injury in play held compensable.

(Ore.)

39

147

7

34

5

21

32

49

233

164

369
430

Stark v. State Indust. Acc. Comm.

445

437

707

780

373-Injury by falling tree held withih act. Merrill v. Penasco Lumber Co.
(N. M.)
373-Where an employee suffering from a nervous condition caused by sul-
phuric acid fumes accidentally let a radiator slip through a hole
in the floor, and it fell, striking a fellow employee and the former
thereby received a shock causing a delirious condition from which
he died within two weeks, held, that death resulted from an acci-
dent within the Act. Klein et al. v. Len H. Darling Co. et al.
(Mich.)
373-Where cook employed in hotel kitchen stepped out to get air and was
injured by a truck, and it was shown that the kitchen was always
warm, and it was necessary for employees to step out and get air,
there was a causal connection between the employment and injury
justifying recovery. Patten Hotel Co. v. Milner (Tenn.)..
373-Dependents of a forger, killed by hot metal emptied on him from a
floor above his employer's place, while he was on his way "to top
out some work" at 12:55 p. m., held entitled to compensation; de-
ceased having been brought by the conditions of his work within
the zone of special danger. Baudassi v. Molla et al. (N. Y.)...... 741
373-Accident to employee who fainted and fractured skull as the result of
inoculation which he was induced to undergo by employer, held to
have arsen out of employment. Freedman v. Spicer Mfg. Corp.
(N. J.)
373-Injury from street risks held compensable-injury to chauffeur stabbed
by insane person held compensable as resulting from street risk--
that street risk is common to all does not defeat compensation.
Katz v. A. Kadans & Co. (N. Y.)
373-Murder of waitresɛ by rejected coemployee held not "arising out of and
in the course of employment." Scholtzhauer v. C. & L. Lunch Co.
(N. Y.)

373-Injury by assault in course of employment held compensable-injury
by assault held to be one arising out of or in the course of em-
ployment" within act. Zygmuntowicz v. American Steel & Wire

738

620

613

605

593

597

Co. (Mass)
373-Injury caused by horse play of fellow employees held not one "arising
out of employment" within act. Lee's Case (Mass.)..
373-Injury in fight between other employees held not one "arising out of
employment" within act. Gavro's Case (Mass.).
373-Death of assaulted employee held within Act. Broadbent's Case (Mass.) 579
373-Causal relation between employment and injury in fight essential to
compensation-shooting of foreman by employee in dispute over
docking held comoensable. Taylor Coal Co. v. Indust. Comm. (Ill.) 557

§ 374. INJURY AS PROXIMATE CAUSE.

374-Death by fall caused by unconsciousness due to disease is held within
Act. Gonier v. Chase Companies, Inc. (Conn.)..
374-Disability compensable though increased by intervening causes-loss of
leg by spread of infection after treatment of injury held com-
pensable. Oleszek v. Ford Motor Co. (Mich.)........

375(1)-Injuries during disobedience of orders held not compensable.

268

418

Jenc-

237

zewski v. Aluminum Co. of America (N. Y.)
375(1)-Workman using pathway along railroad track held within act.
Peterson v. O'Neil (Minn.)

208

200

875(1)-Injury to gardener in stopping runaway team held within act. Sebo
v. Libby, McNeil & Libby (Mich.)
375(1) Death of custodian shot while selling gasoline without authority
held not within act. Chicago & A. R. Co. v. Indust. Comm. (Ill.).. 128
375(1)—Injury to engineer voluntarily assisting in removing wall not within
act. Wilson v. Dakota Light & Power Co. (S. D.)...
468
375(1)-Injury to salesman aiding fellow traveler not within act. Sichter-
man v. Kent Storage Co. (Mich.)

421

375(1) Accident" occurring while quenching thirst is within act. Was-
muth-Endicott Co. v. Karst (Ind.)

369

375(1)-Injuries to salesman reporting sales held compensable. J. E. Porter
Co. v. Indust. Comm. (Ill.).....
375(1)-Injury while awaiting transportation from employer's premises held
within act. Callihan v. Montgomery (Pa.).
375(1) Employee's violation of order to use the street car in reaching a
depot to which he was sent to mail a letter on a train did not take
him out of the sphere of his employment. Republic Iron & Steel Co.
v. Indus. Comm. et a!. (II.) . . . .
375(1) Servant, who fell into a reservoir and was drowned while washing
up preparatory to going home according to custom, died as the re-
sult of accident "arising out of and in the course of employment."
Tennessee Chemical Co. v. Sraith et ux. (Tenn.).
375(1) Injury while using beam as footpath, held not to "arise out of em-
plovment." Hurley's Case (Mass.)

.....

(2). Injury received while going to or from work.
375(2)-Injuries to insurance collector on street held due to risk of em-
ployment. Empire Health & Acc. Ins. Co. v. Purcell (Ind.)...
375(2)-Injury while leaving place of work held compensable. Payne V.
Wall (Ind.)

375(2)-Injury to seamstress, not employed on premises, injured while en-
tering building, was not employee within act. Ross v. Howieson
(N. Y.)
375(2)-Injuries to an employee going home on train furnished employer by
railroad is held compensable. American Coal Mng. Co. v. Gren-
shaw (Ind.)
375(2) Cessation of employment within Act is a question of fact. Wertz
v. Reynolds (Ind.)
375(2)-Whether injury was within act is question of fact. J. E. Porter Co.
v. Indust. Comm. (Ill.)
375(2) Where the manager of a store who was paid a weekly wage and
commissions and who was required to take home each night money
received after banking hours, was injured in a street accident
while taking the money home by the usual route, pursued to avoid
danger from holdups, the injury was compensable. Clifton V.
Kroger Grocery & Faking Co. et al. (Mich.).

375(2)-Injury while riding to work on pass held not compensable as "arising
out of employment." Tallon v. Interborough Rapid Transit Co.
(N. Y.

375(2)-Injury in elevator while leaving work held compensable. Lienau v
Northwestern Telephone Exch. Co. (Minn.).
375(2)-Injury received while going to time clock held received in "course
of employment" within act. Lee's Case (Mass.)..

355

456

666

785

585

39

34

245

291

289

456

697

615

608

593

376(2)-Rule

23

as to compensation for injury aggravating disease stated.
Springfield Dist. Coal Mining Co. v. Indust. Comm. (Ill.). . . . .
376 (2) Compensation held recoverable for death from disease accelerated
by accident. General Am. Tank Car Corp. v. Weirick (Ind.)...... 147
376(2)--Compensation recoverable for entire disability from disease aggra-
vated by injury. Pinyon Queen Mining Co. v. Indust. Comm. (Utah) 478
376(2)--Pre-existing disease does not preclude compensation. Centralia Coal
Co. vndust. Comm. (I.)
560

376(2)-Death from heart failure held not compensable as resulting from injury by "accident" within act." Rusch v. Louisville Water Co. (Ky.) ... ..

§ 377.

$ 378. 379.

$380.

DEFENSES TO CLAIMS FOR COMPENSATION.

IN GENERAL.

MISREPRESENTATIONS BY EMPLOYEE IN OBTAINING EM-
PLOYMENT.

WILLFUL MISCONDUCT OF EMPLOYEE IN GENERAL. 380-Painter working on staging when subject to unconsciousness held not willful and serious misconduct within Act. Gonier v. Chase Companies, Inc. (Conn.) 380-Injury in play held compensable. Stark v. State Indust. Acc. Comm. (Ore.) 380-Mere negligence, however great, is not "willful misconduct," precluding recovery, but eraployee is guilty of misconduct where such conduct occasioning the injury is of a quasi criminal nature, involving intentional doing of something with knowledge that it is dangerous, and with wanton disregard of consequences-coal miner guilty of misconduct where he jumped across the pit, instead of walking along path provided therefor, in violation of statute. Fortin et al. v. Beaver Coal Co. (Mich.)

382-Though Department of Labor is not a court, its approval of contact for compensation between employer and employee, on which judgment may be entered without notice, cannot be attacked on the ground of fraud in a collateral proceeding by the employee against the wrongdoer, but the agreement may be impeached in a direct proceeding in equity. Smith V. Port Huron Gas & Electric Co. (Mich.)

575

268 445

701

719

(B) COMPENSATION.

383.

ACCIDENT OR INSURANCE FUNDS, AND
THERETO.

CONTRIBUTIONS

383-New election, designation and approval are not necessary on charge of insurers-change must be to company authorized to carry riskmust be insured in single company-insurer is not liable after cancellation where employer has procured other insurance. Gratopp v. Carde Stamping & Tool Co. (Mich.).. 383-State treasurer mast obey directions to invest compensation fund. Strong, State Treas., v. Indust. Comm., State of Colo. (Colo.).

$384. AMOUNT AND COMPUTATION OF AWARD. $385.

188

513

231

385 (1) Statutory wage basis of compensation held to apply only to death benefits. Crisco v. Edgewater Sawmills Co. (N. Y.) 885 (1)-Earnings from increase of pay are not considered in determining extent of partial incapacity. Kanawha Fuel Co. v. Indust. Comm. (III.) 385(1)-Anjury incapacitating an employee for a particular employment does not establish his right to compensation, if the injured member could full in a reasonable degree its normal functions in any employment for which claimant was fitted. McNamara v. McHargBarton Co. et al. (N. Y.)

385 (1) Award based on depreciated earning capacity valid. Centralia Coal Co. v. Indust. Comm. (III.)..

385 (2) Compensation recoverable for permanent injury to nerve impairing upward motion of arms. Knight v. Ferguson (N. Y.)....

137

744

560

65

385(6) Compensation allowable for loss of finger stated. Ulaski v. Morris

& Co. (Neb.)

61

385 (9)-Percentage of loss of vision is question of fact for board. Turpin
v. St. Regis Paper Co. (N. Y.)

441

(11). Permanent disability.

285

385 (11)-Compensation is held properly awarded for permanent partial dis-
ability for loss of capacity from septicemia. Bucyrus Co. v. Reis-
inger (Ind.)
385(11)-Compensation for 50 per cent permanent disability not limited to
$2,500. In re Swartz (Ind.)
284
385(11)-Where workman suffers permanent partial disability, compensation
for which is not definitely prescribed by statutory schedule, rule
for determining it is to make a computation of 60 per cent of the
difference in his weekly earning capacity before and after injury
for eight years; and if this results in any sum less than a mini-
mum of $6.00 per week for eight years, such minimum should be
awarded. Emry v. Cripes (Kan.)
.... 684
385 (11) When it appears that workman suffers the loss of both hands or
both feet or both legs or both eyes or any two thereof, or the per-
manent loss of the use of such members he cannot be denied com-
pensation provided in the act because he obtains employment at
better wages at a task which he is able to perform. Superior
Smokeless Coal & Mining Co. et al. v. Bishop et al. (Okla.)....... 770
385 (11) The test of the right to an award is not limited to the loss of earn-
ing power in the industrial world. Cameron Coal Co. et al. V.
Dunn et al. (Okla.)

385 (11)-Minimum con.pensation held proper.
ing Box Co. (Kan.)

Duncan v. Kansas City Pack-

751

570

(114). Loss of or injury to eye.

385 (11%)-One-eyed workman's loss of eye held compensable as permanent
Joss of one eye. Stevens v. Marion Mach., Fdry. & Supp. Co. (Ind.) 154
385 (11%)-No award of compensation can be made for an injury resulting
in a loss of vision, which may be corrected or supplied by the use
of glasses. McNamara v. McHarg-Barton Co. et al. (N. Y.)....... 744
(11%). Loss of or injury to ear.

373

385(12) Award for loss of fingers held proper. In re Hart (Ind.).
385 (12) Loss of parts of fingers compensable as partial loss of use of hand.
Indust. Comm. v. Gen'l Acc., Fire & Life Assur. Corp. (Colo.)..... 337
385 (12) An employee compensated for loss by amputation of half of thumb
and the third and fourth fingers is entitled to further compensa-
tion for partial disability on showing that the inability to earn as
great a wage as when injured was due to the results of the accident
on the two remaining fingers. Webber v. Dort Motor Co. et al.
(Mich.)

385(12) Loss of thumb not compensable as loss of finger. Doris v. James
Butler, Inc. (N. Y.)

385(12) Loss of fingers between middle joint and finger tip held not com-
pensable as a severance "at or above the second joint"-hand held
not incapable of use within act. Ramondetta's Case (Mass.)......

385(13) Where permanent partial disability to hand is only equivalent to 50
per cent to 75 per cent of the total loss of the hand or a total loss
of its use, compensation for such injury cannot be awared by ap-
plying statutory schedule of allowance prescribed for total loss of
hand or total loss of its use; nor does statute permit compensation
to be based on a proportionate amount of such scheduled allowance
for the total loss of the hand. Emry v. Cripes (Kan.)...

725

624

598

684

(15). Temporary disability.
385(15)-An injured employee unable to do his regular work but who could
and did do other work, was not entitied to an award for full com-
pensation. McNerney v. Heller et al. (N. Y.)

(16). Expenses of medical or surgical treatment, and nursing.
385(16)-Insurer was not liabe for services of masseuse not rendered under
physician's direction. Golden's Case (Mass.)
385(16)-Hospital services within act defined. Southern Surety Co. V.
Beaird (Tex.)

747

58

252

(17). Deductions or set-offs, and duty of claimant to reduce loss.
385 (17) Claimant with permanent disability impairing his earning power in
Knight v.
his occupation will not be denied compensation because of refusal
to accept work offered by employer at former wage.
Ferguson (N. Y.)
pain.-Basis
385 (17)-Act does not require applicant to continue to work if it will cause
serious discomfort and
him to continuously suffer
upon which pension is fixed held properly determined by taking
four times annua! wage without deducting amount that had been
Joliet & E. Traction Co. v. Indust.
paid applicant as compensation.
Comm. (Ill.)

385 (17) Deduction for medical treatment given claimant held question for
trial court. Mulhall v. Nashua Mfg. Co. (N. H.)
V. Indust.
385 (17)-Claimant's negligence in not seeking medical treatment for disease
Pinyon Queen Mining Co.
revived question of fact.
Indust Comm.
Comm. (Utah)

385(17)-Payment before award is to be credited on award.

65

14

211

478 337

to operation.

577

v. Gen'l Acc., Fire & Life Assur. Corp. (Colo.). (18). Submission to surgical operation. to submit not defeated by refusal 385(18) Compensation Bronson v. Harris Ice Cream Co., Inc. (La.).. 385(18) Commission required to decide question of claimant's duty to subPocahontas Mining Co.. v. Indust. Comm. (111.).. 540 mit to treatment. (19). Excessive award.

(20). Commutation of payments and award of gross sum. 385 (20-Award of weekly payments authorized on reconsideration of claim. Dolen v. Muncie Sand Co. (Kan.)

169

unau

120

611'

385 (20)-Weekly award for fixed period for partial disability held
Anderson v. Lynch (Conn.).
thorized as lump sum allowance.
Troxcil v. Morris & Co.
payment disapproved.

385 (20) Commutation of

(Neb.)

.....

resident sister and non_ 386 (1) Award for death of employee leaving a resident alien parents held in accord with statutory provisions. Passini v. Aberthaw Const. Co. (Conn.).. Tennessee 386 (1) Parents, who were partial dependents of a minor son, were entitled to compensation for a period extending beyond minority. Chemical Co. v. Smith et ux. (Tenn.)

274

785

634

386 (1) Amount of compensation to partly dependent persons discretionary. Indust. Comm. v. Drake (Ohio)

(2). Deductions.

386(2)--Act providing that should the employee die from injury, "the period" during which compensation shall be payable to his dependents shall be reduced by the period during which compensation was paid to him in his lifetime,applies to the widow, but has no application to Nupp v. Estep Bros. Coal Mining Co. et the surviving children.

al. Pa.)

into

779

671

(4). Commutation of payments and award of gross sum. shovel, crawled 386(4)-Where plaintiff, 15-year-old boy, employed to clean out combustion with a long-handled chamber of furnace chamber and was injured when water was thrown on hot cinders, defendant's negligence in failing to warn plaintiff of the danger was Duncan v. Iowa Ry. & Light Co. (Iowa)..... a question for jury. 386 (4) On the facts stated, there is shown a case in which hardship would result from the payment of weekly compensation, so that an order as authorized requiring payment of compensation in a lump sum was proper. Texas Employers' Ins. Ass'n v. Boudreaux et al. (Tex.) 801 386(4)-Commuted coripensation to widow on remarriage for benefit of herFerdisko V. W. F. Trimble & Sons Co. self and minor children. (Pa.)

.......

(5). Apportionment of payments.

386(5)-Dependents of more than one class may take compensation. cum v. Hickle (Tenn.)

642

Mar

77

387-Award for permannt partial disability cannot include award for temporary total disability where temporary disability relates solely to Standard Cabinet Co. condition resulting in parmanent disability.

v. Landgrave (Ind.)

387-Compensation allowable for temporary total disability and for permȧPoast v. Omaha Mer. Express & Trans.

nent partial loss stated.

Co. (Neb.)

427