Document 65ROD629RxdmkZEMVjVxBmgpg

s have lo l*c a dual aijeucio* am! wax* *Vj* opportunities for y>r the phy*icnliy dist he summed up by . equal quantities oi* ppheam's nhduv ami add an unlimited perseverance. uttered, and success wdi Occupational Disease THURSDAY MORNING SESSION October 13, 1938 i l he spssnm for dm discussion cf out standing problems m die field of occup.iltonal di>ca*v was vailed lo order by die Hon. I'. J. Ang*Uu. Chairman, the Illinois Industrial Commission, Chicago, who pre sided. The Chairman emphasized ihe im portance of the selected subject* to be pre sented by I'lniitcnt speaker*, and promptly introduced the firscheduled speaker. The Trend of Occupational Disease Legislation By HENRY D. SAYER Manager of the Casualty Department, Association of Casualty and Surety Executives Let tis consider the ddicrenccs between the accidental injury and ihe occupational di*c.i<i\ ror these distinctions ;m; important and must constandy he home in nnnd when we consider either legislation onr the sub ject of d(<e.i'0, or ingmcvnng mclbods of prrv ruth'll or control. r.cnenlk shaking. accidents occur at a sprain; moment in point of tune, and, from die standpoint of fixing liability under any policy of insurance, ti is in the mime; that i- to a\. at the ninmcnt ni the acceptance of h.ibdii) innlcr am insurance contract the accident lor winch 1 i.tl>itiS> nuv he as sumed lias not vet happened Thai ftequcntlv is not so with the occupational dis ease iiisiiiancc In it'' very n.aiuic can o:ilv assume liabilities that hu\r ui to a;t-e--not those that have already accrued \g.un. <peaking genera IK. the nuliMi i;d aendtm is something that can he seen-- earn though tinfoic-ecn. It ma\ hr visual ized and daoiibed in word*. sating forth specifically the time, place and manner of happening. It can thru hr drln mined, after the happening of the event, whether it wa< prev cm aide or mn liable; blame, ii :mv. ran lie assessed; the worker involved, or his foreman or superintendent, can he shown die fault, ami effective measures can he taken to guard against a like future hap pening. I hit some will say, truly, not all accidents happen in the manner described: that not alwavs are they held to occur only at a specific moment or under cheumsiamex when* thr\ can he visualized and described. )fv administrative and court decisions, d is true m some .nm<dirtinn$ that the definition of "accident" has been gteatfv broadened We find the entrance of disease germs into the human *\Mem without vi*d.le tiauma, with result mu siekniss or death, and even the specific time and place imi drfmitcb known, except that it is shown to have probably occurred \n the evnphAnnul, being held to he an accident. dlivr* \* Hull. 17S App. Ho. i'i. 1M \ V .hi amlit.ix c.i'c: Wmii-n v* '' litit t.nm- l>cr C'>. 1C, I \\ i .171). .'i i yplmnl r.is . :tn>| nilivr*.) Iknsonmg oi the hodv llnoiigii the eUeCts oi a deleterious oi Iomc suli*tnntc used iu the rinplov mail, the danger* of winch were unknown lo the worker, the employer hav ing been negligent m safeguarding properly die use oi such substance, ha* been held to he the rc-nlt of an industrial accident. tNiciory Sparkler & Specially (*n. vs. Fr.vick*. IJ7 M:r\t:owt, 3(S; ,tml tlw wry rvcctil case *f Ulnck v<. Crnini Amo (" . low: Supreme fourt, Auiiitsi 5, )0\<y ^Ht, N.W. tsO.t And wheie negligence of the employer has been shown, an injury to health, even though not occurring through a happenin'* at a given lime and place. Iml In repealed 2U