Other, January 4, 1929

Sullivan's dase. Disease or Injury sela 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 outter's disease; that there was "direct connection between the granite dust on his lungs and his condition. 11 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 go round 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 11 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 a.s 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).