[Vol. 19] State Industrial Commission In concluding his opinion, Dr. Lewy says: "Referring to the description of the injury, and the treatment following, we must admit that the injury per se was a serious one and that the defect in consequence was serious, and was adequately disposed of. Had this claimant (meaning thereby the deceased) shown evidence either by symptoms or physical signs, or had he complained of any other condition but the defect of his hand, we should have considered that the neuritis may have been aggravated by the injury. The entire treatment which he had received by Dr. Doty, and all the symptoms and physical signs, which have been enumerated by Dr. Doty, point towards an alcoholic multiple neuritis. From a medical point of view, I do not consider the case compensatible." In considering Dr. Lewy's opinion, it must also be borne in mind that he had the opportunity of personally and directly observing the deceased during his lifetime when the award was made for the loss of the use of the hand, and at which time Dr. Lewy made a thorough examination. It has been well established by the decisions of the Commission which have received the approval of the courts, that if an accident aggravates, accelerates, or lights up a dormant diseased condition so that the natural and logical sequence of such injury is death of an injured workman, compensation may be allowed. There is nothing in the medical testimony in this case from which we may conclude that this deceased had any latent or dormant disease unless alcoholism may be considered such, but it would be, in my opinion, a mere play upon words to argue that this injury lighted up or activated that condition. Whatever may have been the condition of McGurgan at the time he received the accident, there ensued a period of nearly two years during which he might have become a strong and able man and a useful member of society had he refrained from the continual use of alcohol. I do not understand that the doctrine of activating a disease can be construed to mean that a man may, during a period of two years following an accident, drink himself to death and then charge his death back to the accident which he sustained State Industrial Commission [Vol. 19] and for which he had been awarded full compensation allowed by the law. I am of the opinion that the evidence does not warrant a finding that the death of Hugh McGurgan resulted from an injury arising out of and in the course of his employment. I advise that the claim be dismissed. On January 22, 1919, the Commission acted upon the foregoing opinion, denied an award and dismissed the claim. Lynch and Wiard, Commissioners, concur; Mitchell, Chairman, and Lyon, Commissioner, dissent, Commissioner Lyon filing a dissenting opinion. In the Matter of the Claim of JADWIGA BREZZENSKI, Widow, for Herself and Infant Children for Compensation under the Workmen's Compensation Law, on Account of the Death of ANDREW BREZZENSKI, against CRENSHAW ENGINEERING AND CONSTRUCTION COMPANY, Employer, and EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., Insurance Carrier Death Case No. 200341 (Decided January 22, 1919) Injuries sustained by Andrew Brezzenski resulting in his death while employed by the Crenshaw Engineering and Construction Company. On August 9, 1918, Andrew Brezzenski, while employed as an ironworker's helper by the Crenshaw Engineering and Construction Company engaged in structural and steel work and especially in the construction of an elevated railroad structure at Fulton street and William place, in the borough of Brooklyn, city of New York, sustained a heat stroke or sun stroke and died from the effects thereof on the following day. Held, that the injuries which resulted in the death of Andrew Brezzenski were accidental injuries and arose out of and in the course of his employ ment. Award made. This claim came on for hearing before the State Industrial Commission at New York, N. Y., on December 2, 1918, December 18, 1918, and January 22, 1919. [Vol. 19] State Industrial Commission Robert W. Bonynge, counsel to State Industrial Commission. Bertrand L. Pettigrew, attorney for employer and insurance carrier. Claimant in person. BY THE COMMISSION.-All the evidence submitted before this Commission having been heard and duly considered, the Commission makes its conclusions of fact, award and decision as follows: On August 9, 1918, the day when Andrew Brezzenski received his injuries which resulted in his death on August 10, 1918, he resided at 190 Georgia avenue, borough of Brooklyn, New York city, and was employed by Crenshaw Engineering and Construction Company, engaged in structural steel work and particularly in the construction of an elevated railroad structure at Fulton street and William place, in the borough of Brooklyn, city of New York. Andrew Brezzenski was employed as an ironworker's helper. On August 9, 1918, Andrew Brezzenski was working for his employer at Fulton street and William place in the borough of Brooklyn, city of New York. While engaged in the regular course of his employment as an ironworker's helper, he sustained a heat stroke or sun stroke, and died as a result thereof on August 10, 1918. The injuries which resulted in the death of Andrew Brezzenski were accidental injuries and arose out of and in the course of his employment. The average weekly wage of Andrew Brezzenski was the sum of twenty-three dollars and eight cents. It does not appear whether written notice of death was given to the employer within thirty days thereafter, but it has not been established as a fact that such notice was not given, and it is therefore presumed under section 21 of the Compensation Law that sufficient notice was given. On the other hand, objection to the failure to give such notice not having been raised before the Commission on the hearing of this claim, such objection is State Industrial Commission [Vol. 19] deemed to have been waived by the employer and insurance carrier. Andrew Brezzenski left him surviving Jadwiga Brezzenski, widow, aged twenty-five years, and Mitchell Brezzenski, son, aged five years, and Benedict Brezzenski, son, aged one year, the claimants herein. Award is hereby made against Crenshaw Engineering and Construction Company, employer, and Employers' Liability Assurance Corporation, insurance carrier, to Jadwiga Brezzenski, aged twenty-five years, at the rate of $6.924 weekly during widowhood, with two years' compensation in one sum upon remarriage; to Mitchell Brezzenski, son, aged five years, and Benedict Brezzenski, son, aged one year, at the rate of $2.308 weekly to each until they shall respectively arrive at the age of eighteen years; and in case of the subsequent death of Jadwiga Brezzenski, widow, then the payments to the children shall be proportionately increased until each shall be receiving a sum equal to 15 per cent of the above mentioned average weekly wage; and to Jadwiga Brezzenski in the sum of $100 on account of the funeral expenses of Andrew Brezzenski, deceased. Pursuant to said award there is due and payable the sum of $276.96 covering the period of twenty-four weeks from August 9, 1918, to January 24, 1919, at $11.54 per week. Future payments pursuant to said award in the sum of $23.08 are to be made every two weeks in accordance with preceding paragraph. It is presumed under section 21 of the Compensation Law that sufficient notice of death was given to the employer. On the other hand, objection to the failure to give such notice is deemed to have been waived by both the employer and insurance carrier. Lyon and Sayer, Commissioners, dissent. [Vol. 19] State Industrial Commission In the Matter of the Claim of NORA CULHANE, Widow, for Compensation under the Workmen's Compensation Law, for Herself and Infant Children on Account of the Death of WILLIAM F. CULHANE, against ECONOMICAL GARAGE, INC., Employer, and EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., Insurance Carrier Death Case No. 225725 (Decided January 22, 1919) Injuries sustained by William F. Culhane, resulting in his death, while employed as an automobile washer by the Economical Garage, Inc., in the city of New York. On October 18, 1918, William F. Culhane, while employed as an automobile washer by the Economical Garage, Inc., at its garage in the city of New York, in the regular course of his employment, was directed by the foreman in charge to examine an automatic revolver which had been found in one of the automobiles. While so engaged and holding out his hands to receive the pistol, and while the pistol was still in the possession of the foreman, it accidentally was discharged and a bullet therefrom struck Culhane, causing his death within ten minutes. Held, that the injuries resulting in the death of William F. Culhane were accidental injuries, and arose out of and in the course of his employment. Award made to Nora Culhane, claimant, as widow, with the usual provision as to remarriage, and to several minor children and funeral expenses provided for. This claim came on for hearing before the State Industrial Commission at New York, N. Y., on January 22, 1919. Robert W. Bonynge, counsel to State Industrial Commission. Bertrand L. Pettigrew, attorney for employer and insurance carrier. Claimant in person. BY THE COMMISSION.- All the evidence submitted before this Commission having been heard and duly considered, the Commission makes its conclusions of fact, award and decision as follows: |