Hartford Accident & Indemnity Co. v. Industrial Accident Commission

The petitioner herein presents the entire record of the proceedings before the Industrial Accident Commission, from which it appears that one H. A. Burris was, during the months of October, November, and December, 1915, in the employ of the Perkins Grain and Milling Company, of which this petitioner is the insurer; and that while so employed in the work of grinding and sacking wheat and barley for feed, and while actively engaged in filling sacks of such pulverized grain from the spout of the grinding mill, said Burris became afflicted with an affection of the nose and mouth, which was diagnosed as actinomycosis, from which he suffered partial disability, and for compensation on account of which he filed his claim before the Industrial Accident Commission. Upon the hearing thereon the chief issue presented was as to whether the applicant for compensation had suffered any injury arising out of and in the course of his employment.

The evidence taken upon this issue was that of expert witnesses as to the nature and causes of actinomycosis, and as to whether it was or could be conveyed by grain to the human organism. Upon this subject the testimony of the physicians was in conflict,…