Thoreau

This is a proceeding to review a decision of the Industrial Accident Commission denying petitioner’s application for compensation upon the ground that the disability from which he was suffering was not caused by an industrial injury.

The evidence taken before the Commission shows without contradiction that petitioner, a man past sixty years of age, while working for a contracting firm as laborer, was struck in the pit of the stomach by the end of a large timber which petitioner and nine other workmen were attempting to carry. He was instantly disabled by the blow, and admittedly since then, besides suffering intense pain in the regions of the stomach, he has been unable to retain any food, and consequently totally incapacitated from performing any kind of work. The evidence further shows, however, that within a few hours after the accident occurred he was placed under the care of the insurance carrier’s doctor, who later sent him to a specialist for a complete clinical review, and that about a month after the accident happened they sent written reports to the insurance company to the effect that petitioner’s disability was due entirely to a pyloric stenosis, which is described as…