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Digest of Industrial Hygiene - 3.
and a portion of another was equipped with a hood to carry away fuses and sxoe
heat. The heavy duty furnace was without a hood. The claimant became sick,
dizzy, had difficulty in breathing, end suffered a general collapse. Medical
examination led to the conclusion that he was suffering from polycythemia oaus
by carbon monoxide poisoning. Certain tests were made to detexsine the amount
of carbon monoxide gas given off by the furnaces, and an amount insufficient t
be injurious was roported.
However, the Supreme Court said such tests were
not mads under conditions comparable to those under which the alalaont worked.
It said further, in reversing tho Judgment, that the clreunstanee of- being ex
posed to the poisonous gas, and bolng in e physical condition gonerally attri
buted by medical science to poisoning from that gas, and tho absence of any
other pcssiblo oauso for tho condition, seem Buffioient to establish that the
claimant was a victim of on occupational poisoning. Loucks va. Diamond Chat:
and Mfg. Co. (Indiana) 32 N.E. 2nd 308 (March, 1941). Oecup. Hazards, 3, 23,
(May, 1941).
424 Additional Occupational Diseases for Delaware. Compensablo occupational diseases shall not Include any other than those sohedulod below and shall include these so scheduled only when exposure stated in connection therewith has occurred during -the employment, and the disability ha commenced within five months after the termination of such exposure!
Occupational Diaeasos:
Anthrax; Load Poisoning;
Mercury Poisoning; Araonic Poisoning;
Caisson Disease; Mssotborlus or radium poison
ing;
Carbon disulphide;
i
Phosphorous Poisoning; -- Benzene, and its hcmologuos,
and all derivatives thereof;. Hood Alcohol Poisoning; Chromo Poisoning;
Hydrogen Sulphide; Daxmatltls; Silicosis; Poison Ivy; Oak Poison.
(As amended by S. B. 230, Sec. 10, Lam 1941, Effective May 6, 1941.) (CCH).
425 Left Inguinal Hernia. Hernia Considered an Occupational Disease. Total Dlsabi
itjr.
This la an appeal by defendant frtxa an award by the Department of Labor and In
dustry awarding to plaintiff compensation for total disability.
Did plaint
suffer a hernia in the nature of an occupational disease? Plaintiff was <nplo
ed by defendant as a sand mixer; his duties wore to load sand on a wheelbarrow
and wbcol it across the plant to a mixing machine. A part of his duties wan
twice a week for about two hours to bail out of a well a composition referred
us slush. Aftar. lifting about four pails from the wall ha fait a pain in the
right groin. The next day plaintiff told his foreman, Bulak, that ha had rup
tured himself. Tho testimony of tho plaintiff together with the report of tbs
coma! salon of physicians fully justifies tho finding of tho board that plain
tiff1 b hornia resulted from lifting the poll of solvent from the wall. Plain
tiff1 e position in doing this work would be entirely difforont than that of ox
doing ordinary hoavy lifting or carrying, and it is entirely reasonable to ini
from theso olrounstanoos that plaintiff in. this work was subjected to an must
strain and that a hornia resulted therofraa.
Was tbaro competent evidence
that plaintiff suffered a total disability? There was evidence upon which th
dopart&Gnt could make such a finding and this court may not review its flndlaf
as to facts. Tho award is afflrmod. Brozozowakl v. Swedish Crucible Steal
Co., Mich. Supreme Ct. Decided Juno 2, 1941. (CCH).