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Germ or poison entering system through break in skin Ashington Coal Co. (1901), 3 W. C. C. 21, where a miner was injured by a piece of coal digging its way under the skin of his knee and it was held that this was an accidental injury entitling the workman to compensation.

A workman knocked his elbow at work, and afterwards suffered from eczema in the forearm. On the medical evidence the judge found that the eczema was not caused by the knock and compensation was refused. Swinbank v. Bell Bros. (1911), 5 B. W. C. C. 48.

There was a dispute between the medical experts as to whether or not a wound in the hand on April 17th could cause erysipelas of the face on July 7th, following. The medical referee was asked the abstract question as to whether or not the diseased organisms could have been latent for so long a time. He said it was possible that the organisms might have lain dormant and subsequently sprung to life if the injured workman was in a devitalized condition. The County Court judge held that the deceased man died from personal injury by accident, but the appellate court held that there was no evidence to justify the finding. Hugo v. H. W. Larkins & Co. (1910), 3 B. W. C. C. 228.

A miner returned from a night shift with a red patch on his wrist. This was found to be the sign of commencing blood poisoning, from which he died. The evidence showed that this blood poisoning was due to an abrasion on his thumb. There had been a fall of stone in the mine during his shift, about four hours before he got home, and the dependent claimed compensation on the ground that the abrasion had been caused at work during this shift. The medical evidence showed that twelve hours at the least, and probably two or three days, must have elapsed between the abrasion and the appearance of the red patch. It was held that there was no evidence to support the inference that the abrasion occurred at work and compensation was refused. Jenkins v. Standard Colliery Co. (1911), 5 B. W. C. C. 71. An injury caused to one of an imperfect physical condi

Skin affections from acids and other irritants

tion while working in the ordinary way with the usual materials and appliances is not an injury by accident. Therefore, where an engine fitter was fixing steampipe joints for which purpose red lead was used, and in consequence of a blister on his finger the red lead poisoned the finger, it was held that the injury was not caused by an accident. Walker v. Lilleshall Coal Co. (1900), 81 L. T. 769; 2 W. C. C. 7.

Where a workman was incapacitated by reason of the pressure of a boot which had become too tight for him and his foot became sore and blood poisoning set in, it was held that the accident did not arise out of the employment and compensation was refused. White v. Sheepwash (1910), 3 B. W. C. C. 382.

A railway fireman cut his finger at home. Blood poisoning supervened and necessitated the amputation of the finger. The County Court Judge found that the poison germs entered with the dirty oil and coal to which danger the man was specially exposed, and that the accident arose out of and in the course of the employment. On appeal the judgment of the County Court was reversed on the ground that there was no evidence to support the finding, and compensation was refused. Chandler v. Great Western Railway Co. (1912), 5 B. W. C. C. 254.

6. Skin affections from acids and other irritants.

It is impossible to harmonize the various adjudications on this subject. The American cases favor the rule that such injuries entitle the workman to compensation. The British cases are conflicting.

A workman was engaged in the examination of cloth goods in the bleaching room of the defendant's factory to discover any foreign particles or things of a physical nature that might have become involved in the goods through the process in going through the works, and thus cause damage to the goods. The cloth was moist from the treatments received in the several processes of the works. The workman

Skin affections from acids and other irritants

contended that after ten days he noticed a rash appearing upon his hands which itched and spread to his eyes and other portions of his body, and that because of this condition he was forced to leave his employment. He also contended that the cause of the condition was the contact of the damp goods with his body. It appeared that the cloth was treated in a solution of chemicals consisting of certain corrosives such as sulphuric acid, chloride of lime, lime water and carbonated soda. It was found by the Common Pleas Judge that the injury complained of was caused by the conditions surrounding the workman's employment and that he was entitled to compensation. Riker v. Liondale Bleach Dye and Print Works, 36 N. J. Law J. 305.

While an employé working on a steamship was removing an old water closet his face and hands were poisoned by coming in contact with loose cement, iron rust, old dry lead and probably some disinfectant, and it was held that he was entitled to compensation for the time he was disabled. Re F. J. Cournoyer, Op. Sol. Dep. C. & L., p. 582.

A scullion in a hotel was the subject of a disease affecting his skin and making it abnormally sensitive. On the day he commenced work he washed up crockery for a number of hours in a tank containing hot water, soft soap and caustic soda. His hands became greatly inflamed, his nails came off, and he was disabled for four and a half months. The Court of Appeal of England held that this was an accident and the mere circumstance that a perfectly healthy man would not have met with it was no answer at all. Dotzauer v. Strand

Palace Hotel (1910), 3 B. W. C. C. 387.

A workman, employed to dip rings into a basin of carbon bisulphide with his fingers, was affected with eczema caused gradually by the exposure to fumes or splashes from the chemical. It was held that this was not an accident and compensation was refused. Evans v. Dodd (1912), 5 B. W. C. C. 305.

Dermatitis brought on by washing out ink cans with a

Contracting infectious and contagious diseases; anthrax; glanders solution of caustic soda without the use of proper gloves is not an accident. Cheek v. Harmsworth Bros. (1901), 4 W. C. C. 3.

Where a workman had eczema which he contended had been aggravated by coming in contact with salt water, while working about a ship, the solicitor decided, on somewhat conflicting evidence, that the eczema had not been aggravated and compensation was denied. The question of whether or not compensation would have been granted had it appeared that the eczema had been aggravated by the salt water, was not decided, but the inference to be derived from the case is that under such circumstances compensation would have been granted. Re C. B. Scanlan, Op. Sol. Dep. C. & L., p. 590; s. c. p. 591.

7. Contracting infectious and contagious diseases; anthrax; glanders.

If a germ causes a bodily ailment without an abrasion of the skin the general rule is that the result is a disease and not an accidental injury, within the meaning of an accident insurance policy. Bacon v. U. S. Mutual Accident Assn., 123 N. Y. 304. In the last mentioned case the deceased died from anthrax and it was held that the cause of death was a disease and not an accident. A contrary ruling has been made under the British Compensation Act, where a workman contracted the disease of anthrax by a germ settling on his eye while sorting wool which was infected with anthrax. It was held that he had suffered injury by accident and was entitled to compensation. Brintons, Limited, v. Turvey (1905), A. C. 230, 7 W. C. C. 1. See also H. P. Hood & Son v. Maryland Cas. Co., 206 Mass. 223; 92 N. E. 329, holding that contracting glanders from handling hides was an accident within the meaning of an accident insurance policy.

1 1 See also cases of specific diseases like pneumonia, etc., post and ante.

Traumatic diseases without external infection

8. Diseases due to traumatism but without direct external

infection or contagion; tuberculosis.

Under a policy covering death as a result of accidental injuries caused solely by external, violent and accidental means, the insurer is liable if death was caused by a disease which was itself caused by external, violent and accidental bodily injuries. Armstrong v. West Coast Life Ins. Co. 000 Utah 000; 124 Pac. Rep. 518.

Evidence of a slight blow on the jaw is not sufficient to establish that tuberculosis of the cervical glands causing incapacity is an injury within the Federal Act. Re Richard Hicks, Op. Sol. Dep. C. & L., p. 179.

Where a workman was injured by an explosion and he contended that the injury which he received from the accident was responsible for tuberculosis which he subsequently contracted, it was held, on conflicting testimony, that the workman had not sustained the burden of showing that the tuberculosis was due to the injury received from the accident. Compensation was awarded for the direct injuries but not for the disability due to the tuberculosis. Feldman v. Westinghouse Electric and Min. Co., Essex Common Pleas, Jan. 1913; 36 N. J. Law J. 48. In the last mentioned case it was assumed that if the workman could have shown that the tubercular condition was due to the injury which he received that he would have been entitled to have received compensation by reason of the disability caused by the tuberculosis.

A furniture polisher received an injury to his ankle which developed into tubercular meningitis several months later. The medical experts stated that local tuberculosis was a predisposing disease causing the death of the employé. It was held that the widow was entitled to compensation. Black v. Travelers Insurance Co., Mass. Indus. Acc. Bd.

Applicant was injured while working in a mine. The fifth rib on the right side was broken. Applicant worked for a day or two after receiving the blow from the cave-in. Later

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