Price

Price v. Industrial Accident Commission

Good Law
1935 Cal. App. LEXIS 1286·9 Cal. App. 2d 213·49 P.2d 294
Court of Appeal of CaliforniaSeptember 19, 1935Civ. 10173California1,041 words

Opinion

Opinion

Fricke, J.

Petitioner was employed by the Empire China Company in a branch of its operations which subjected him to the dust of burnt clay and other vitrified products coming from machines not properly safeguarded against and disseminating such dust, and was also exposed, unnecessarily, to water upon the floor, at times ankle deep, draughts of cold air and silicate dust raised by sweeping. After several years of employment and beginning early in 1927, petitioner developed a cough. This condition progressed and he developed a tiredness and weakness which, toward the end of his employment, required him to lie down upon arriving home from his work. Petitioner’s employment terminated when his employer ceased business on about November 22, 1933. He did not consider his condition sufficiently serious to require medical attention until February, 1934, when he consulted a physician who advised him that he had a slight inflammation of the lungs from which he would soon recover. The following month petitioner was injured in an automobile accident, and his attending physician, in addition to some traumatic injuries, found a tubercular condition. On May 16, 1934, an X-ray examination disclosed advanced…

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