National Automobile Insurance v. Industrial Accident Commission

This is a petition to review an award of the Industrial Accident Commission. The employee, Wells, was a carpenter. He had a latent inactive pulmonary tuberculosis which exhibited no symptoms. On May 30, 1933, while in the course of his employment, he inhaled escaping ammonia fumes, which caused a coughing attack. He went home for the rest of that day, but worked the following day. The next day, June 1, 1933, he again inhaled ammonia vapors and suffered another coughing spell. Thereafter he received medical treatment for “severe bronchitis and small hemorrhage”. He was bedridden for a week, and disabled for several weeks.

Wells then entered into negotiations with the insurance carrier of his employer, resulting in a compromise and release of claims, in consideration of the sum of $155.61, plus a smaller sum in payment of the doctor’s bill and medicines used. The Industrial Accident Commission approved the agreement on July 27, 1933.

Thereafter Wells continued to work for various employers as a carpenter until June 30, 1934, when his lung difficulties made it impossible to continue. On July 3, 1934, he filed application with the commission for adjustment of claim, alleging injury…