260 Mass. 74 | Mass. | 1927
The deceased employee Ciro Falco was in the employment of C. W. P. McNally for thirty-six years as a sheet metal worker. During this period, although he occasionally worked on roofs, his principal duties required him to perform work on brass, copper, tin, galvanized iron, and lead. The following facts as to the character of the work and its physical effects upon the employee warrantably could be found. The subscriber, engaged in the sheet metal business, did a large amount of repairing copper vessels or “beakers” sent by chemical laboratories. The beakers were used for mixing colors until the proper shade was produced, and the employee when making the repairs had to replace the solder which had been "eaten out of the corners,” and sometimes the intense heat would burn holes in the bottom. The beakers sometimes were dry, and at other times they were moist. If dry, they had to be scraped beyond the point of a leak to get the solder to adhere. If the beakers were moist, verdigris, a corrosive of copper, would appear on the inside which spread over Falco’s hands. The nature of the work and his contact with the copper had so affected his health, that he grew weak and sickened, and on May 28,1925, the subscriber reported, that the employee was suffering from metal poisoning. G. L. c. 152, § 19. June 3, 1925, the employee filed a claim for compensation on which a hearing was held June 29, 1925. But before its conclusion the employee was sent for an impartial examination, and on September 11, 1925, he died. The claimant, his widow and alleged dependent, on October 2, 1925, filed a claim for compensation on the.ground that her husband’s death resulted from metal poisoning due to his occupation. The question therefore before the commissioner and the Industrial Accident Board on review, which affirmed his findings and awarded compensation, was, whether the death of the employee resulted from a personal injury received in the course of, and arising out of his employment.
It was contended by the claimant, whose refusal to have
The final and decisive inquiry therefore, was, whether copper poisoning of itself had caused primary cancer. It was a question of fact, and not a matter for speculative conjecture. Sponatski’s Case, 220 Mass. 526. The claimant accordingly must rely on the evidence of her own witnesses, and of the impartial expert, also called by her, to which sufficient reference previously has been made. Pigeon’s Case, 216 Mass. 51. But, when this evidence is given its full probative effect, none of these witnesses would go further than to say that it was possible, or perhaps probable, that primary cancer could be caused by copper or metal poisoning. The question was left in an atmosphere of such uncertainty and doubt that no causal connection between the employee’s work and the disease which the commissioner found caused his death had been affirmatively shown. Sponatski’s Case, supra. Ginley’s Case, 244 Mass. 346.