Document oe26VKE2gMGMbn8zMELr34Ox7

r i nt of scouting. <'n v. Moore 320, error dis ing that emt11 status as a -rkmen's Com bated when he iat widow and atutory death *:xas Indemnipp.10-13) 172 S. deceased emx&s, was hired - in Arkansas, ( a Texas emand therefore compensation ned his fatal vare Mut. Cas. .) 390 S.\V.2d . it was quesrmine whether tade in Texas, ider this title a Mississippi, s'n v. Moore 32. ile sales comt from taking for purpose of Mexican govrould be con gestion as to nited scope of as to justify injuries sales-.cr business in Co. v. Brown 20i. issues r compensa ble salesman ground that scope of his y automobile .lould not be aived by disi of the com o. v. Brown d 394. compensation ico by an au- 1 PERSONAL injuries Art. 8306 tomobile salesman, refusal to submit re quested issues raised by evidence as to salesman's instructions regarding author ization to solicit business in Mexico was reversible error, since, under the pleadings, requests embodied a special defense which should have been affirmatively submitted notwithstanding submission of general in quiry as to whether salesman was injured in the course of his employment. Id. Issue inquiring whether. If jury found that plaintiff employee sustained injury, referred to in other issue, in New Mexico, such was sustained in continuance of con tract of hire entered into at stated day, submitted in workmen's compensation case presenting question of coverage under this section, was not erroneous nor duplicitous. Travelers Ins. Co. v. Knight (Civ.App. 1963) 370 S.W.2d 792. Where facts determinative of issue whether employee who was injured in New Mexico had status of a Texas employee so as to be entitled to compensation were not 20 in dispute, it was a matter of application of law to those facts by the court, so that there was no error in failing to submit such issue to jury. Texas Emp. Ins. Ass'n v. Dossey (Civ.App. 1963) 3S7 S.W.2d "ZS. error granted. 23. Review The finding of district court that injured workman was a Texas employee would stand unless evidence in record showed the contrary as a matter of law. Fidelity & Casualty Co. of New York v. McLaugh lin (1940) 134 T. 613, 135 S.W.2d 955. Decedent was not a Texas employee of Texas lessee of truck-tractor decedent was operating at time he was killed in an acci dent in Missouri where lessor and decedent had possession of the truck-tractor and were using and controlling it carrying loads under contracts negotiated by lessor with shippers without knowledge of lessee. Aet na Cas. & Sur. Co. v. Avant (Civ.App. 1965) 390 S.W.2d 533, ref. n, r. e. Art. 8306, sec. 20. "Injury" and "personal injury" defined; occupational diseases, what are Sec. 20. Wherever the terms "injury" or "personal injury" are used in the Workmen's Compensation Law of this state, such terms shall be construed to mean damage or harm to the physical structure of the body and such diseases or infection as naturally result there from. Unless from the context the meaning is clearly to the con trary, such terms shall also be construed to mean and include occu pational diseases, as hereinafter defined. The following diseases only shall be deemed to be occupational diseases: (a) Poisoning by: (1) Aluminum Trioxide; (2) Arsenic; (3) Benzol or its homologues and derivatives; (4) Beryllium; (5) Cad mium; (6) Carbon Bisulphide; (7) Carbon Dioxide; (8) Carbon Monoxide; (9) Chlorine; (10) Cyanide; (11) Formaldehyde; (12) Halogenated Hydrocarbons; (13) Hydrochloric Acid; (14) Hydro fluoric Acid; (15) Hydrogen Sulphide; (16) Lead; (17) Manganese; (18) Mercury; (19) Methanol (Wood Alcohol); (20) Methanol Chloride; (21) Nitrous Fumes; (22) Nitric Acid; (23) Petroleum or Petroleum Products; (24) Phosphorus; (25) Selenium; (26) Sul phuric Acid; (27) Sulphuric Dioxide; (28) Sulphur Trioxide; (29) Tellurium; (30) Thallium; (21) Zinc; (b) Anthrax caused by handling of wool, hair, bristles, hides and skins; 381 Art. 8306 20 workmen's compensation (c) Blisters caused by prolonged or repeated use of tools or me chanical appliances; (d) Synovitis, Tenosynovitis, or Bursitis due to an occupation involving continual or repeated pressure on the parts affected; (e) Chrome ulceration; (f) Compressed air illness; (g) Dermatitis; that is, inflammation of the skin due to oil, cut ting compounds or lubricants, dust, liquids, fumes, gases or vapors; (h) Diseased condition caused by exposure to x-rays or radio active substances; (i) Diseased condition of the eyes due to electric arc and weld ing, and cataract in glass workers; (j) (Epitheliomatous cancer) or ulceration of the skin or the corneal surface of the eye caused by tar, pitch, bitumen, mineral oil or paraffin or any compound, product or residue of any of these sub stances; (k) Glanders and other diseased conditions caused in handling any equine animal or the carcass of any such animal; (l) Infectious or contagious disease contracted in the course of employment in or in immediate connection with a hospital or sana torium in which persons or animals suffering from such disease are cared for or treated; (m) Nystagmus incurred in underground work; (n) Asbestosis; (o) Silicosis; (p) Psittacosis (ornithosis) caused by the handling or processing of meat and poultry. Added Acts 1947, 50th Leg., p. 176, ch. 113, 2, as amended Acts 1955,54th Leg., p. 662, ch. 233, 1. Complete Text of Article 8306, see pp. 10 to 39. Historical Not* The amendment of 1955 added the occupational disease of Psittacosis (ornithosis) con tained in Item (p). Cross References Enumerated and concurrent injuries, see art 8306, { 12. Injury sustained in course of employment definitions, see art 8306, 5 1. Occupational disease, compensation see art 8306,1 25. 382