186 A. 616 | Conn. | 1936
The commissioner found that the claimant was suffering disability due to tuberculosis which she had contracted in the course of her employment by the defendants in their business of manufacturing women's dresses; that the factory room in which she worked was badly crowded, her hours of employment were long, the conditions under which she worked were very unsanitary, and she had been exposed to the disease because of the fact that other employees with whom she was brought in contact were suffering from it; and that by reason of the conditions of her employment "she was exposed to infection in excess of the ordinary hazards of employment, as such." The commissioner awarded compensation and the defendants appealed to the Superior Court. The trial court sustained the appeal and remanded the case to the commissioner with direction to dismiss the claim. From that judgment the plaintiff has appealed.
The trial court made numerous corrections in the finding, but the only respect in which the plaintiff claims that it erred in so doing was in the addition of a statement that the ordinary pulmonary tuberculosis from which the plaintiff was suffering is a nonoccupational disease, not peculiar to the occupation in which the plaintiff was engaged. Both the doctor called by her and the one called by the defendants so testified; and the claim of the plaintiff as presented in her brief is really not that tuberculosis is necessarily or usually contracted by one employed in the manufacture of dresses, but that where the disease results from unsanitary conditions under which an employee is required to work, the tuberculosis resulting from exposure to those conditions is an occupational disease.
In Hines v. Norwalk Lock Co.,
The Madore case was decided in July, 1926, and at the legislative session of 1927 the Workmen's Compensation Act was amended so as to define a personal injury as including only an "accidental injury which may be definitely located as to time when and place where the accident occurred, and an occupational disease as herein defined;" and to define an occupational disease as "a disease peculiar to the occupation in which the employee was engaged and due to causes in excess of the ordinary hazards of employment as such." These provisions have since continued as a part of the act. General Statutes, 5223. The purpose *667 of the amendment was to limit the scope of the act as it applied to diseases and to include in it only certain types which occupied a definite relationship to the occupation of the employee.
In Glodenis v. American Brass Co.,
In this case the plaintiff's disease resulted from the conditions of her particular employment in the factory of the defendants. Other trades carried on under those conditions would have been as likely to cause the disease as the manufacture of dresses. To hold, as the plaintiff contends, that because those conditions produced the disease it was occupational in its nature, would be to bring back within the scope of the act cases such as De la Pena v. Jackson Stone Co., supra, and Galluzzo v. State, supra, and to make our law closely approximate that which existed before the amendment of 1927, without the exception, then a part of the statute, which excluded "occupational diseases which were of a contagious, communicable or mental nature." To award compensation to the claimant in this case would be to go against the legislative intent embodied in the amendment of 1927 and to violate the statute as it has since stood. The case of this plaintiff is appealing, for the finding discloses that the tuberculosis from which she has suffered was contracted because of conditions of employment which never should have been permitted to exist; but if such cases are to be brought within the act it can only be as the result of changes in the law to be made by the Legislature.
There is no error.
In this opinion the other judges concurred.