The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-08-18
Disease Of Claimant Existing
Prior to Award Of Damages
ComplicateS Matters
Administrators of WOriimcn' $
Compensation Laws, lie
Points Out, Need to
Face Situation

Difficulties presented to admins
traitors Of workmcn's compensation
law 10y eases in which disease exist
cd prior to the injuries for which
damages are claimed and which had
direct bearing on the seriousness of
those injured. were discussed at the
Twelfth annual meeting of the In
tcrnational Association of Industrial
Accident Beard Commissioners here
today by Il. r. Wcnzcl, commissioner
Of the Moth Dakota workmcn's COM
pcnsation bureau.
Although counts have held that
"acccleration of Il diseased bodily
condition may constitute a personal
injury. and an injury may be by ac-
cidcnt, although it would not have
been sustained by a perfectly heal
thy individual" the effect OF such
ruling is unfair and places an UNI
fair burden on those who arc in
rood hcalth,' Wcnzcl said.
Cites uniairncss
"If it is The law that Il person,
whose Incorporate habits have SO
weakened his powers Of resistance
that the shock Of receiving broken
leg brings on dclirium trcmcns and
death. or that Il person who has ~
syphilis and as the result Of what
is commonly known as a minor injury
suffers shock sufficient to bring
on paralysis and insanity, or that Il
person who WIS previously suffering
from acute impairment Of the heart
and through the medium of just
ordinary cXertion is disabled and
subsequently dies, is entitled to,
compensation; then it becomes
matter Of immediate and consider
able concern to every bureau or com
mission having in charge the admin
'stration of wOrkmcn'S compensation
law. II becomes Il matter Of Suf-
f,cicnt concern, to my mind. that
tn" bureau or commission may we'll
ask itself the question Are the
practical results Of the application
Of this rule Of Law fair to all parties
concerned" If the answer should
be the negative. then it appears an
other question would Immediately
become PERTINENT hat is, what can
we. individually or collectively. do
crsurgcst that will tend towards
practical results that arc fair to all
the parties concrrncS?'
"My practical experience rs an
administrator Of workmeu's compcn-
sation Legislation, together with II;
sense Of what should modcstly
identify aS disccrnmcnt and dis !
elimination. enters a protest. 1t en-
tors Il protest sufficiently strong to
cause me 10 carefully weigh the var
ious answers that might be made
10 my first question. | believe that
my answer should be that the appli {,
cation Of this rule OF law is not fair,
ut least in great many instances |
My experience goes over the records !
that have received my personal con
sidcratioH and points out specific
cases to substantiatc the correctness
Of the answer.
at points. for example. to the
case Of man who presented a claim !
for compensation because of an in
jury to his backbone of those !
in-tlIc back slippcd-on-a banana peel !
that; for in ten days or so the claim
ant was back at work. as usual. A !
thorough examination and an X-ray,
at the time of the first treatment !
by his physician, revealed the fact
that this man had a chronic arthritis |
with partial destruction Of one of the
lumbar vertebrate This the physi-
clan reported. together with the in
formation that it was in no wise re-
lated to the injury. The man went
back to his work, that Of clerk
and handy man in a combination
butcher shop and grocery store.
About n year later he showed up in
the hospital, with every indication
pointing to an extended disability.
Supposing, as has not yet DEVELOPER.
that some simple act Of lifting or
straining brought on the collapse the
second time. Unbiased consideration
of the matter raises the question, at
least. as it fair to charge the oc-
cupation with the cost of the dis
ability now i'm waiting"
at directs attention. oucc more.
to the case Of a man whose foot
slipped on some cindcrs. or was
caught in some way, SO that his knee
was wrenched. The incident, in any,
event, was of such character that
when tho claimant came to report the
matter two weeks later he couldn't
tell just what had happened. when it
happened, or exactly where it hap
pcned; and 80 out Of 100 persons
brought into personal physical con.
tact with the same kind and type
OF occurrence would nave PAID no
attention to it. whatsoever. But
again the presence Of q precxisting
disease overthrow all the calculations
and technical skill Of several experts
in medicine and surgery, bringing as
a final result almost complete de-
struction of the hip joint. and hos
pital. medical and pension cxpcndi-
lures of more than 10000"
NRut cunpnSC that wp all