Document NGeEamYGeEogaQyOoXxdpL77Q

FILE NAME: Colonial Sugar Refinery (CSR) DATE: 1939 DOC#: CSR193 DOCUMENT DESCRIPTION: Workers' Comp Report WOBBLERS1 COMPENSATION REPORTS. 120 IN THE W ORKERS' COMPENSATION COMMISSION OF NEW SOUTH WALES. May 22,23, Coram: Lajiond, J., Member. June 19, 30. Medical Assessor: Dr. B. M. Maekay. JONES V. JAMES HARDIE AND CO. LTD. Vust disease-- Death results from disease caused by silica *j`**-- :'lus o{ VUS p ro0f - S e c t i 0n 6 (1 ), Worlcer^ Compensation Act, 1926-1938. A fibro-mixer died from fibrosis of by silica dust. Parsonage for the applicant. . Kelynack for the respondent. Lamond, J . : The applicant claims compensation as the widow and total dependant of Samuel Jones, whose death on the 14th February, 1939, was alleged to have resulted from fibrosis ot the lungs caused and/or aggravated by abestos dust with which it was alleged his work over a period of years with the respond ent company as a fibro-miser brought him into contact. 3m m *. The respondent company alleges that the death of the deceased was not the result of " in ju ry " arising out of and m the course of his emplovment, that notice of the injury was not given as required by the Act and that the respondent company was thereby prejudiced. The deceased was born in 1884 and worked in anthracite mines in Wales, Great Britain, from 1907 to 1913`- *h*n came to Australia, where between the years 1913 and 1919 e worked in various capacities, e.g., as a general labourer, con crete miser, brick pit worker, and coal miner: in 1919 he entered the employment of the respondent company for whom he worked until 1937 when his health commenced to fail, his mam symptoms cl.TM-.*.*: of hrpath. failinsr appetite, and loss of weight. :,X30 w:, , ' o . .WOBKEliS- COMPENSATION BEPOETS. . * T ZtX tsa, rmethc'lastsenoyw" o"rkk ^as`"deecc'eeaasseedd,' ithat such work evaonldvetdhartakdiunsgt ft* tntrrED. - ash,-- 1TM " " J was frequent, that it was uSiuaiuC0 lim e and hat U would J utxjmest. get in one's nose and throat. Lamond, J. W. E. Hunt, W orto m`Ued nd th . dust * ^ " ""n\ t eL d it . a s similar in appear- respondent company, tha K-r^nth of an inch in size, a n . kapok and not b e t a , heu Ule that asbestos dust could be s e e n _ asbestos was being raked out but mfcin*TOom cement h ed-s working previously by men working in the mixing secti . T>r .A. 0 . V. Tymms, who investigated the dust condit of respondent stated there was a posm t y was, however, tendered dust there was from ti t what concentration of asbestos ^ thg asbestos or mixing btained from consideration 3 2 i , . r i " I l S , that no complaints were made V deceased or'other workmen. !' _ . . . . tanton of -Granville, ho as deceased's doctor " t,?r o v i a deposed to having treated deceased 'Over a number of years, P , In 1936 deceased -between 1931 and 1936 t o .^ and there- was -away from work or .... q q 30^ November. ,,H er deceased appeared to go silicosis ot 1937, he attended ecease ot F ebruarv 1939, deceased had * ^ .1 w f .rem ely wiak and emaciated. Occasionally he had a temperature, but practically no spntnm. - An X-ray examination ot d e c k e d . N ets, as evidencing lnng changes due to 1 . B e * Dm. Edwards and Nelson were of the P1" 0" 1 a ',hat it --- WORKERS' COMPENSATION REPORTS. 131 Dr. Nelson stated that the X-ray showed a typical infective 1939- granular tvpe of fibrosis due to inhalation of silica-bearing dusts, Joses whereas asbestos fibrosis gave an appearance of ground glass Ti^ v(t haziness. Habdie &Co. Ltd. Dr. Shearman made eight tests of deceased's sputum without JmjGMEKT> finding anv asbestos bodies or tubercle bacilli. c ' Lamvnd, 3. Clinical evidence was furnished by Dr. W. E. Fisher for the applicant and Drs. W. T. Nelson and G. C. Willcocks for the respondent. Dr. Fisher stated that he admitted the possibility of pneu moconiosis as the result of mining in Wales, but that if the dust exposure in Australia were correct it would be equally possible fo r the terminal clinical picture to be accounted for by asbestos dust. He further considered that if there had been some pro gress of a pre-existing pneumoconiosis due do -mining in Wales, C/2 c: exposure to dust here m u s t-have Jiad an-aggravating effect. ~a Drs. Nelson and -Willcocks on the other .hand expressed the BE view th at deceased's death could be accounted for entirely by reference lo silicosis with super-added infection, and that there were not sufficient facts to found a medical opinion that asbestos dust had aggravated debeased's condition. ` Summary. as In attempting to assess the extent to which deceased was j!jf affected by asbestos dust, the following facts are oustanding-- . (1) While, generally speaking, exposure to asbestos dust i is an industrial hazard, there is nothing known as to what degree of exposure is necessary to cause asbestosis. , In this connection, Dr. Willcocks took some slides of the dust where applicant worked which showed large . asbestos fibres, whereas, anatomically only the very smallest fibres can be injurious. In silicosis it has been stated that only particles below 10 micro-millimetres are capable of producing harmful results by iuhala- ' tion: (2 ; Examination of deceased's sputum revealed no asbestos ' b o d ie s: Examination of deceased's lungs by X-ray revealed no appearance consistent with--asbestosis. 4 WOBKBBS' COMPENSATION BEPOBT3. 132 oyo. In these circumstances the question for the Commission is JOSES whether, despite thTview r. J ames suited i . % svay of causation H aLjrimdiiete&dC. o. or acceleration from the inhalation of asbestos dust. J udgment- TVs* re m is s io n 's view is that such a conclusion would be entirelv conjectural and that a completely satisfying explanation Lamond, J. o th dea h of deceased is found in the progress of a condi g n of iic o sis complicated by a super-added infection, the presence of both of which is established by the evidence. The award is, therefore, made for the respondent in the fol lowing terms : , , ,,. (a) the evidence does not establish that the d e a t h ^ the worker, Samuel Jones, which occurred on the Wth day of February, 1939, resulted either by way of causatmn or acceleration from the inhalation of asbestos dust, (b) the evidence does establish that the death of the said (6) wTrker resulted from the progress of- a condition of silicosis complicated by a super-added infection, (c\ the evidence does establish that the dust disease which . resulted in the death of the said worker was caused b> silica dust. I . Solicitors for the applicant: bram Landa & Co. Solicitors for the respondent: J. W. Maund & K e l t i c . tv ! t WORK IN THE WORKE Co JUDGE v. i Injury arising out c Average weekly pensation Act, 1 A labourer su Of a ruptured vi ' , widow claimed < assisting to drag ment on 14th D< increased imra-a in the stomach, t within an hour < ' \ 1938. Deceased 11th December, was paid at the . these four weel ` respectively. L : respondent. i;- The Commissi ^ (1) the death < and in the (2) deceased h ' and respon the time of ! ments of i - (3 ) deceased 1 ' work was ' injury, du his average prescribed totally del the respon . Compensatioi s. Taylor (wi Mr. E. He M offitt, J. the widow of January. 193a. tion that the d Commissioner a