Document ZnrDOgpyp0zLMXrG9yqJxd1RJ

Industrial Hygiene Digest - 6 I' .~ - i - n Mia January, 1950 `at the plant. Stamps v. Century Electric Company. St. Louis Court of Appeals. No. 27652. December 20, 19^9 ' --CCH 1 16 Action for Deceit--Silicosis--Exclusive Statutory Remedy. The Workmen's Compensation Act provides the exclusive remedy far all Injuries sustained In the course of employment, except those self-inflicted, so that a second recovery can not he had for silicosis In an action for deceit. Bevis v. Armco Steel Corporation. Ohio Court of Appeals, First Appellate District. No. 961. December 3, 19^9. --CCH 17 Date of Disablement from Anthraco-Slllcoais--Transfer to Lighter Work-- Doctor's Warning of Impending Disahlement--Termlnatlon of Employment. Claimant, a miner for most of his life, was transferred In 19^5 to a lighter Job as "topman" In a position where he continued to be exposed to silica dust. A physician warned him In 19^6 that disability from anthraco-silicosls was Impending, cut he continued to work until July 26/ 19^7* when, he testified, "I didn't have no more wind to work." There was evidence to support the findings that notice served on September 17, 19^7, vas given within the ninety-day statutory period, which runs from the date that the employee is disabled and definitely knovB that he Is disabled by the occupational disease. Tracey v. M.& S. Coal Company, Inc. Pennsylvania Superior Court.' No. 2., October Term, 19^9. November 15, 19^9. --CCH 10 Occupational Dermatitis--Successive Employers--Apportionment of Payment of Award--Total Disability. Successive employers In the same Industry are liable far Joint con tribution to an award for occupational dermatitis resulting In total dis ability regardless of whether or not an employer has already paid some compensation to the employee far a less acute condition. The Esmond Mills, Inc, v. American Woolen Company. Rhode Island Supreme Court. No. 1921* October 20, 1949. --CCH 19 Foot Injury--Misguided Treatment of--Permanent v. Temporary Disability. Where overwhelming medical testimony Bhovs that any Incapacity from a minor foot Injury vas terminated as of a particular day, permanent disability will not be granted an employee whose misguided treatment aggravated the Injury. Aucoln v. Employers' Liability Assurance Corporation, Ltd. Louisiana Court of Appeal, First Circuit, November 25, 19^9. --CCH 20 Coronary Occlusion--Proof of Compensable Fatal Accident. The collapse of an employee while cutting. out wooden wedges with a power buzz saw due to a coronary occlusion is not compensable when the find Inga as to causal connection between the accidental Injury vhich arose out of anti In the course of the employment and the cause of death are without evidentiary support, Matter of Kristiansen v. McWilliams. N.7. Supreme Court. Appellate Div. Third Department. September 29, 1949. --CCH