Berzin v. Industrial Accident Commission

JOHNSON, J., pro tem.

This is a proceeding to review an award made by the Industrial Accident Commission in favor of the petitioner, H. Berzin, but which he contends furnishes insufficient compensation for the injury suffered.

From February, 1927, to July 16, 1930, Berzin was employed by the Pacific Electric Manufacturing Corporation as a grinder, whose work consisted of grinding brass, copper, iron and steel castings on an emery-wheel. In such grinding operations dust is created and, unless drawn off by mechanical devices, beclouds the atmosphere. Moreover, at times sparks fly from the metals as they are ground, and exposed parts of the body may thereby be burned. To carry off the dust and catch the sparks, blowers and guards were installed in October, 1929; but the system previously employed was not equally effective, and while that system was in use considerable dust generated by the grinding machines spread through the factory.

In June, 1930, sores appeared on Berzin’s chest and arms, which, he said, were caused by burns due to flying sparks. He applied to the nurse in attendance at the plant, who, upon examination, concluded that he was suffering from boils or carbuncles, and applied a salve used to give relief from such ills.

Berzin left work on June 28th, and on June 30th he was sent by his employer, or its insurance carrier, the State Compensation Insurance Fund, to Dr. A. C. Armstrong, whose diagnosis was that there were numerous second degree

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infected burns on the chest and left forearm, for which treatment was given. There was also found to be a small piece of steel in the right corneal margin which had been there a few days; and for the removal of this Berzin was sent to an oculist, who did what was needful. After receiving treatment for his ailments Berzin returned to work on July 17th, and continued to August 12th. While he was under treatment he had made application to the Illinois Pacific Coast Company for employment, and on August 22d he began work there in the corrugated fibre products department, and continued to October 15, 1930, when lack of work caused him to be laid off.

Berzin presented his application for compensation to the Commission on July 15, 1930, and thereafter an amended application was filed on which a hearing was had. In this latter application he specified that he had sustained injury to the lungs through inhaling the dust produced in the grinding processes; that the chest had been burned by sparks, and that there was an infection of the right eye. After taking considerable testimony the Commission found that Berzin had sustained an injury in that a foreign body entered the right eye and sparks had caused minor burns on the chest, but that any other symptoms were not caused or exacerbated by such injury. The Commission found further that Berzin was entitled to compensation for temporary total disability from June 28' to July 16, 1930, in the sum of $23.48, and made an award in that amount less a certain payment made. It is contended on behalf of the petitioner that the vision of the right eye was