Document nx2ZkqzBGGYgZkqNqEBm5ba2
January 27# 1931
Mr. J. C* Taylor# Ethyl Gasoline Corp., Chrysler Bldg.# Hew York, N. Y.
Bear Mr. Taylors
I have Mr. Walter*s letter of Januarj^2 enclos
ing clipping concerning the disposition of the
case
at Jamestown# New York, by Referee Blatchly. I^^incerested
in the outcome of this case, but it is quite certain I think
that nothing is to be done. I have known about the case for
some time, and as a matter of fact I appeared as expert wit
ness in the case some time last summer. The injury was clear
ly a case of tuberculous iritis, the only question being
whether a dormant tuberculous condition was aroused by the
irritation caused from the spillage of gasoline in the eye.
I discussed the case with the attorneys, and I testified at
the hearing that in my opinion there was no good reason for
associating the tuberculous process with the injury* However,
at that time I felt that the referee was fairly well convinced
in his own mind that there was some doubt on this point, and I
am not ?it all surprised that the claimant has been given the
benefit of the doubt. The young man in the case, v?hom I exam
ined, showed every indication of pulmonary tuberculosis, and
with the specialists examination of the eye there was, X be
lieve, no question of the diagnosis. This is simply ope of
those cases in which the question of the contributory influ
ence of an external injury has arisen. The question is almost
always impossible to answer with absolute certainty, so that
it becomes an expression of opinion on the part of several men
who may have opposing ideas. I have read all the testimony in
the case, and there was one eye specialist who felt that there
was some reason for believing that the irritation of the gaso
line in the eye had predisposed to the tuberculous involvement.
It is quite plain that in these cases with differences of opin
ion the referee must use his own judgment, a judgment which is
often colored by his sympathies for the claimant and to some
degree, of course, also by the political factor.
So far as I was able to ascertain, the question of whether the injury was in any way due to the ETHYL fluid content in the gasoline was never taken very seriously. The only question was whether gasoline Of any type would be likely to start such an injury.
I should regard the matter as a finished case.
Very truly yours,
RAXjEJ