The Survey, Volume 30, Number 1, April 5, 1913Various
History
The Survey, Volume 30, Number 1, April 5, 1913
Various
Charities -- Periodicals; Social problems -- Periodicals; United States -- Social conditions -- Periodicals
"As a result of this exposure to lead fumes, a sufficient amount of
lead was taken into claimant's system to produce 'toxic amblyopia,
both eyes,'"
which means
"disease of vision from imperfect sensation of the retina, without
organic lesion of the eye."
This disease incapacitated Hill on the thirteenth day after his first
exposure to the poison. The exposure lasted only seven days. Said the
solicitor:
"It is accordingly possible to refer the claimant's injury to an
event capable of being fixed in point of time. In the second place,
the injury to the claimant's eyes was neither reasonably to be
expected, nor the natural or inevitable consequence of the work he
personally was engaged upon. The injury must therefore be ascribed
to accident. The claimant's particular work had nothing to do with
the painting operations going on about him. His work as a ship
fitter related to the laying of places in the boiler room; the
painting was being done by others."
And this claim was approved.
But if, instead of Hill, one of the painters had been poisoned and
incapacitated by the fumes of lead paint, a similar claim would not have
been allowed by the solicitor. This is made perfectly clear by his
decision in the John Freiman case.
John was a laborer in the Boston Navy Yard, and it was his duty to scale
off lead-painted compartments on ships. He became incapacitated by "lead
poisoning contracted in the course of his employment," and his superior
officer certified that the injury was not due to negligence or
misconduct. After John had suffered several weeks as a result of
"painter's colic" and chronic lead poisoning, his claim was submitted.
It was necessary to decide whether the law applies to disease due to the
occupation. The solicitor declared:
"There is no such special provision made, and I can find nothing
which would, in my judgment, justify its application to a case of
lead poisoning or 'painter's colic.'"
The difficulties involved in legal technicalities become apparent. The
following story, verbatim from the government report (page 201), about
William Murray, who suffered with compressed air illness, strikingly
illustrates the point:
Public-domain text, read in full here on John Shaqi.
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