Ask the Scholar
Page 2 of 2
I can add historical knowledge about this page.
Page image
OCR
Sullivan's Case.
Disease or Injury - - Injury- Statute Construed, -26
Claimant petitioned for compensation for an alleged personal
injury arising out of and in the course of his employment. His work was on
granite or other stone with a surface cutting machine. Claimant testified
that the stone particles first came off in little limps and then came off
fine. He further testified that sometimes he could not see it was so dusty
and that his clothes were full of dust at night. A physician testified, that
on examination of the employee he found a considerable amount of "pneumonocon-
iosis, granite cutter's disease; that there was "direct connection between
the granite dust on his lungs and his condition." The physician further
testified that pneumonoconiosis is the result of nature's reaction to fine
particles of granite dust. Compensation was awarded by the Industrial Accid-
ent Board and decree therefor was entered in the Superior Court. The insur-
er appealed.
Held, that while simple disease resulting from employment affords
no ground for recovery under the Workmen's Compensation Act, under certain
circumstances disease may also be a personal injury within the meaning of
the act. "Injury" as applied to a personal injury to a person includes
"whatever lesion or change in any part of the system produces harm or pain
or a lessened facility of the natural use of any bodily activity or capabil-
ity." The personal injury for which compensation is payable might have been
found to be due to physical deterioration flowing immediately from actual
bodily collision with a foreign substance set in motion by the business of
the employer. The evidence was sufficient to support the finding of the
board that the employee was incapacitated by reason of a personal injury as
distinguished from disease. Decree affirmed.
Decree of the Superior Court, Suffolk County, here affirmed by
the Supreme Judicial Court of Massachusetts.
164 North Eastern 457; 9 Comp. Review 459. (Jan.4,1929).
Page data
- Page
- 2
- Source index
- 0
- Type
- document
- Media ID
- 846bb2095a6d09b8
- Size
- unknown
Document data
- ID
- 75723612
- Core
- doc
- Type
- document
DTO data
{
"id": "75723612",
"sourceUrl": "https://catalog.archives.gov/id/75723612",
"contentType": "document",
"title": "Other, January 4, 1929",
"citationUrl": "https://catalog.archives.gov/id/75723612",
"collections": [
"Safety Light Collection",
"Records Related to Radium Dial Painters"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.jpg",
"imageCount": 2,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "75723612",
"label": "Other, January 4, 1929",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/75723612"
}
Document source metadata
{
"id": "75723612",
"sourceUrl": "https://catalog.archives.gov/id/75723612",
"contentType": "document",
"title": "Other, January 4, 1929",
"citationUrl": "https://catalog.archives.gov/id/75723612",
"collections": [
"Safety Light Collection",
"Records Related to Radium Dial Painters"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.jpg",
"imageCount": 2,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/75723612",
"naId": 75723612,
"levelOfDescription": "fileUnit",
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 2,
"pageIndex": 0,
"type": "document",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/electronic-records/SLC/Radium/SLC_0001583.pdf",
"mediaId": "846bb2095a6d09b8",
"ocrText": "Sullivan's Case.\nDisease or Injury - - Injury- Statute Construed, -26\nClaimant petitioned for compensation for an alleged personal\ninjury arising out of and in the course of his employment. His work was on\ngranite or other stone with a surface cutting machine. Claimant testified\nthat the stone particles first came off in little limps and then came off\nfine. He further testified that sometimes he could not see it was so dusty\nand that his clothes were full of dust at night. A physician testified, that\non examination of the employee he found a considerable amount of \"pneumonocon-\niosis, granite cutter's disease; that there was \"direct connection between\nthe granite dust on his lungs and his condition.\" The physician further\ntestified that pneumonoconiosis is the result of nature's reaction to fine\nparticles of granite dust. Compensation was awarded by the Industrial Accid-\nent Board and decree therefor was entered in the Superior Court. The insur-\ner appealed.\nHeld, that while simple disease resulting from employment affords\nno ground for recovery under the Workmen's Compensation Act, under certain\ncircumstances disease may also be a personal injury within the meaning of\nthe act. \"Injury\" as applied to a personal injury to a person includes\n\"whatever lesion or change in any part of the system produces harm or pain\nor a lessened facility of the natural use of any bodily activity or capabil-\nity.\" The personal injury for which compensation is payable might have been\nfound to be due to physical deterioration flowing immediately from actual\nbodily collision with a foreign substance set in motion by the business of\nthe employer. The evidence was sufficient to support the finding of the\nboard that the employee was incapacitated by reason of a personal injury as\ndistinguished from disease. Decree affirmed.\nDecree of the Superior Court, Suffolk County, here affirmed by\nthe Supreme Judicial Court of Massachusetts.\n164 North Eastern 457; 9 Comp. Review 459. (Jan.4,1929)."
}