The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-01-25
STArE CONFIRMATION conrMIs-
bIONER OFT R~EVERSES HIS
RULING ON QUESTION.
Owes Reasons For His Ruling And Tor
heversal-Is OF Interest In This
Part Of State.


On this day the claim OF Mike stanko
was presented to the Commissioner Tor
rehearsing, on the question as to whcth-
er Muscular Cramps f. an occupation-
al disease. or an injury within the mean
ing OF the Workmen's ComFenSatIon Act
OF West Virginia
The evidences in this case shows that
the death OF said employee was duo 10
his getting overheatcd and suddenly
chilling while la the course OF has cm-
plloyment as a heaters helper az the
plant OF the Phillips Sheet and Tin Plate
ss5Si i9t." "''r'0n' " Va December
The Workmen's COMPENSATION Act Of
1913. amended February goth. and March
9Th. 1915. provides for the aimlnistIa-
ton OF a compensation fund
and provides n method OF COMPENSATION
Tor Smployes that may be Injured on
course OF their employment
section 20 Of said Act provides Tor the
disbursement OF said fund to employees
who shall have received injuries In his
state In the course OF ami resulting
from their employment.
80. 81. 50. 81 ami 5t Of the Act all refer
20 Injuries or injury" no reference
being made as 10 Accidental injury.
The question TO be determined Is
whether Muscular Cramps. resulting
from an employees employment. is an in
jury within the meaning OF our act. en-
titling the injured emEloye. or the de
pendants Of fatally injured employees to
compensation from the workmtns com
EeI-hAANn AllNs or MNf|MfN NANNuaAE
Cramps Is an occupational disease. as
per the findings OF me commissioner of
June 23rd. 1915.
Injury. as defined In the Now stan
daId Dictionary. is amy wrong. damage
or mischief done or suffered. that which
done 70 another IN his person. lights
property or reputation. The WORD Is
especially used OF whatever mars the
integrity Of the body or causes pain"
Crsmp Is de<ned as AN Involuntary,
sudden. painful muscular contraction.
chill a ParLyao arcction Of local
muscles caused oy continued oyereNer-
O-ccupaiionaI Disease IS dehned IN the
Century Dictionary and Cyclupedia as
a disease arising from causes incident
10 the patients OCCUPATION as lead polls
Undisputcd medical evidence shows
that such an o~ccupatloual disease docs
not arise suddenly. but comes after long
exposure il b. a matter OF weeks,
months or years. In any case, u Is
event.
In an the claims. which have thus FAR
been presented Co the commissioner Tor
or death. due Co muscular RAMPS
there has been n9 question ms to such
cramps ~oriEIuatiu- lu the course ..
and resulting from the employment
the out Question being vhtrunr uue'.-
lar cramps should b" considered as au
occupatioual disease. or an injury with
In The meaning uf our Act
Tho IauEl-I NuINfHUI compensation
Act. likewise the Compensation Acts OF
"a umut of fl' states. provides tutt
the employee received personal injury
10y accident while other acts eliminate
that the employee receive personal Iu-
jury" TN. Wortm.u'e improvisation
and eliminate both accident and per.
spual. ma-lng fIs only requirement.
that ~ r'D.lNirr .n injury in ms
state ir tu" source of ard rc-uluus
from NLL H.."..N H.HIN..