207 A.D. 3 | N.Y. App. Div. | 1923
On July 14,1919, deceased, Albert A. Carr, received injuries to his back and both forearms in the nature of second and third degree burns while engaged in the regular course of his employment. He was immediately removed to a hospital where he was treated for his injuries until about August tenth when the hospital physician told him he could go home. At that time the burns had sufficiently i healed over with healthy scabs to permit him to be treated at home rather than to require hospital treatment. His wounds never became infected. He left the hospital about August tenth but came back in the evening of the same day with symptoms which two days later were diagnosed as typhoid fever from which he died on October eighth. His burns did not continue to heal quite so rapidly after , the typhoid set in but he received no further treatments for his burns after August twenty-third. The doctors all agree that the burns could not produce the typhoid. The State Industrial Board has made the following finding: “ The second and third degree burns which the deceased received on July 14, 1919, and continuous treatment for the same so debilitated the deceased and so lowered the vitality and resisting power of the deceased, that he was deprived of that degree of resistance necessary to resist the onslaught and attack of the infection of typhoid fever, which did infect him, and from which he died on October 8, 1919; his death being the direct result of the injuries which he sustained on July 14, 1919.”
The Industrial Board has found that the period of incubation of typhoid fever is about two weeks and that deceased contracted typhoid fever while being treated in the hospital. There is evidence to sustain this finding. It is undisputed, however, that typhoid
The award should be reversed* and the claim dismissed, with costs against the State Industrial Board.
Cochrane, P. J., H. T. Kellogg, Van Kirk and McCann, JJ., concur.
Award reversed and claim dismissed, with costs against the State Industrial Board.