#### Heileman Brewing Company, Appellant, vs. Industrial Commission and another, Respondents.

*April 16*

May *4, 1915.*

*'Workmen’s compensation: Findings of fact, when conclusive: Cause of death.*

1. An award of compensation by the industrial commission will be reversed on the ground of insufficiency of evidence only when there was no evidence tending to support it.

2. A finding by the industrial commission that the miliary tuberculosis from which an employee died on June 16, 1914, was proximately caused by an explosion of gas by which he was injured on February 7, 1914, is *held*to have been warranted by the evidence.

Appeal from a judgment of the circuit court for Dane county: Chester A. Fowler, Judge.

*Affirmed.*

Petition by *Rosa*Schultz, before the *Industrial Commission of*Wisconsin, for an award of compensation, against the *Heileman Brewing Company,*for the death of her husband, F. J. Schultz, while in the employ of the *Brewing Company.*
      *47Tbe *Commission*made an award in favor of tbe petitioner and tbe *Brewing Company*appealed to tbe circuit court, wbicb court confirmed tbe award of tbe *Commission.*

Tbe deceased, E. J. Scbultz, was employed by tbe *Heile-man Brewing Company*of La Crosse, Wisconsin. At tbe time of tbe injury upon wbicb is based tbe claim bere involved, Scbultz was about to engage in varnishing a so-called drum in tbe cellar of tbe *Brewing Company.*It was tbe custom to bave tbe drum warm when varnished. When Scbultz started work in tbe morning be opened tbe drum and undertook to light a gas jet or lamp wbicb was used for this purpose and an explosion of gas occurred wbicb caused first-degree burns on bis face and bands and singed bis eyebrows. Evidently there bad been a leakage of gas into tbe drum during tbe night. This accident took place upon tbe Ith day of February, 1914. Immediately after being so injured a physician was called and Scbultz was treated for three or four days, and after such treatments, be was advised by tbe physician that be could return to work. His wife testifies that be complained from tbe time of tbe injury that bis throat hurt him when be swallowed and for that reason be refused to drink bis beer at tbe brewery. On March 16th be called tbe same physician that bad treated him for tbe burns and complained of stomach trouble and tbe physician found him in a rundown condition and prescribed for him. On April 6th or 8th be called upon another physician, who diagnosed bis case as one of miliary tuberculosis. At this time be was suffering from pains in bis chest and be said that be bad suffered ever since tbe explosion of tbe gas. He died on J une 16 th from miliary tuberculosis. Physicians testified that tbe inhalation of tbe gas fumes would furnish an opportunity, if tbe infection existed in a latent condition at tbe time, for tbe latent condition to be kindled into an active condition; and that if tbe infection was not existent tbe inhalation of gas would bring about destruction of air cells in tbe lungs and would lower bis vi*48tality and make tbe person more susceptible to such infection; that the usual time for the course of miliary tuberculosis was from four to six weeks, but that it might continue for a period of three or four months. Testimony was given showing that Schultz was a seemingly strong and healthy man before the injury here complained of, except for a little foot trouble sometime in the past.

The *Industrial Commission of*Wisconsin, after hearing the testimony, found “that the miliary tuberculosis from which deceased died was proximately caused by the accidental explosion of gas . . . while the deceased was in the performance of his duties,” and awarded compensation to the defendant *Rosa Schultz*amounting to $3,000, to be paid in monthly instalments.

Upon appeal to the circuit court the award of the *Commission*was affirmed and judgment entered accordingly. This is an appeal from such judgment.

*Robert R. Freeman,*attorney, and *Timothy Brown,*of counsel, for the appellant.

Eor the respondent *Industrial Commission*there was a brief by the *Attorney General*and *Winfield W. Gilman,*assistant attorney general, and oral argument by *Mr. Gilman.*

Eor the respondent *Rosa Schultz*there was a brief by *W. F. & A. C.*Wolfe, and oral argument by *A. C. Wolfe.*

Siebecker, *J.*

The judgment must be affirmed. Giving the weight to the award of the *Industrial Commission*required by the law *(Milwaukee W. F. Co. v. Industrial Comm.*159 Wis. 635, 150 N. W. 998; Milwaukee *v. Industrial Comm.*160 Wis. 238, 151 N. W. 241), the circuit court properly affirmed it. Under the law the court can reverse an award on the ground of insufficiency of evidence, only when there is "no evidence before the *Commission*tending to support it. The’evidence of *Mrs. Schultz*and other witnesses, of decedent’s condition of health after injury, the fact of his *49state of health before injury, in connection with the opinion evidence of doctors qualified to speak on the subject, furnishes a sufficient basis of fact to warrant the commissioners’ conclusion that miliary tuberculosis from which decedent died was proximately caused by the gas explosion.

*By the Oourt.*— Judgment affirmed.