Sinclair Ref. Co. v. West, 16986.
| Decision Date | 20 October 1942 |
| Docket Number | No. 16986.,16986. |
| Citation | 112 Ind.App. 200,44 N.E.2d 175 |
| Parties | SINCLAIR REFINING CO. v. WEST. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Industrial Board.
Proceeding under the Workmen's Occupational Disease Act by Wayne West, employee, opposed by Sinclair Refining Company, employer. From an award in favor of employee, the employer appeals.
Reversed and remanded.White, Wright & Boleman, of Indianapolis, for appellant.
Ramsey & Grayson, of Vincennes, for appellee.
Appellee, Wayne West, filed his application for compensation against appellant, Sinclair Refining Company, alleging that in the performance of his duties for said appellant he was exposed to an occupational disease and that he is afflicted therefrom with “gasoline poisoning-dermatitis-due to gasoline poisoning.”
The application was submitted to a single member of the Industrial Board who found that the plaintiff became totally disabled on account of said occupational disease and made an award of compensation to the appellee. Appellant filed its application for review by the Full Board and upon the hearing, the Full Board made a finding and award for said appellee. So much of said finding and award as is concerned herein is as follows:
“The Full Industrial Board, having heard the argument of counsel, having reviewed the evidence in the case and being duly advised, finds that the plaintiff Wayne West was in the employ of the defendant Sinclair Refining Co. on the 1st day of March, 1940; that he had been in the employ of the defendant for many years prior thereto; that on March 1, 1940, the plaintiff was exposed to an occupational disease, namely, dermatitis, or gasoline poisoning; that the plaintiff was not disabled at said time but continued in his employment until August 31, 1940, when he was discharged by the company on account of his being allergic to gasoline poison.
“It is further found that the plaintiff contracted an occupational disease by reason of his employment with the defendant and that the occupational disease he contracted was gasoline poisoning or dermatitis caused by gasoline poison; that said occupational disease was caused by gasoline coming in contact with plaintiff's hands and arms and various parts of the body and that said occupational disease was contracted by the plaintiff in the employ of the defendant on or about March 1, 1940.
“It is further found that the plaintiff became totally disabled on account of said occupational disease on August 31, 1940, and that his total disability was continuous from the 31st of August, 1940, to the date of the hearing on December 17, 1941; that he was totally disabled at the time of said hearing.
* * * * *
“It is therefore considered, ordered and adjudged, by the Full Industrial Board of Indiana, that there be awarded to the plaintiff herein, Wayne West, compensation at the rate of $14.60 per week based upon an average weekly wage of $26.34, as against the defendant Sinclair Refining Company, beginning on the 7th day of September, 1940, and continuing during the period of the plaintiff's total disability not exceeding the period fixed by law.”
From the award of the Full Board, appellant prosecuted this appeal and assigns as error that said finding and award of the Full Board is contrary to law.
It is stipulated and agreed by and between the parties and made a part of the record in this cause, that on or about March 1, 1940, and for over three (3) years prior thereto, appellee was in the employ of the appellant at an average weekly wage of $26.54, and prior to the filing of the application for adjustment of compensation, appellant denied liability.
The record discloses that appellee is forty-one (41) years old and for about five (5) years preceding August 31, 1940, had been in the employ of the appellant at its gasoline and petroleum products bulk station. In the performance of his employment he unloaded gasoline from tank cars, loaded gasoline into trucks and did some warehouse and office work. Sometime after entering this employment, appellee developed a dermatitis or skin eruption which did not result in any disability. In the summer of 1939 an eruption developed on appellee's hands, arms and face for which appellee was treated at intervals from September 24, 1939, to November 10, 1939. This skin eruption was diagnosed by a skin specialist and other doctors as an allergic dermatitis due to contact with gasoline. On November 10, 1939, the dermatitis had entirely cleared up and appellee was dismissed from further treatment. On April 27, 1940, appellee again developed an eruption on his hands and was again treated until June 22,...
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