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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1330   View pdf image (33K)
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1330 ARTICLE 101.

of Maryland, and entitled to the benefits of this Article, if the tipple,
mouth or principal mine entrance in and about which he works, is situated
in this State, notwithstanding such shaft, heading, slope or other sub-
terranean tunnel may extend underground into an adjoining State, and
notwithstanding such mine-worker so employed in this State may be killed
or injured while working in said mine beyond the lines of this State, and
within the lines of an adjoining State.

"Heat prostration," if occasioned by unusual or extraordinary conditions in
employment which cannot be regarded as naturally and ordinarily incident
thereto, is compensable. No sufficient evidence in this case. Slacum v. Jolly,
153 Md. 351; Miskowiak v. Bethlehem Steel Co., 156 Md. 695.

Question whether death of employee resulted from accidental injury arising
out of and in course of employment is for jury. Nicholson v. Walters, 153 Md.
17; Southern Can Co. v. Sachs, 149 Md. 562.

To put to jury question whether disease or infection was result of injury
would have been misleading, since question involved was whether injury may
have started up or aggravated disease so as to disable claimant. "Natural re-
sult." Refusal to submit to medical examination. Dickson, etc., Co. v. Beasley,
146 Md. 574.

Under paragraph 6 of this section, it is immaterial whether occurrence was
normal or abnormal, and whether results were usual or unusual, if there is
direct causal connection between injury and disease so that disease directly
attributable to injury. Mental disease. Expert witnesses. Bramble v. Shields,
146 Md. 504.

Phosphorus poisoning held an injury in connection with employment within
meaning of paragraph 6 of this section. See notes to sec. 14. Victory Sparkler
Co. v. Francks, 147 Md. 380.

Exclusion of employees who receive salary of $2,000 a year from Compensa-
tion Act, does not apply to weekly employee receiving average weekly wage of
$40. Meaning of "wage''. Koester Bakery v. Ihrie, 147 Md. 222 (arose prior
to act 1924, ch. 217).

How average weekly wage is calculated as to members of the militia. See
notes to sec. 35. Merrill v. Military Dept., 152 Md. 478 (decided prior to act
3927, chs. 83 and 395).

The term ''workmen" does not exclude from the operation of the Compensa-
tion I,aw a person who employs a single workman in View of art. 1, sec. 8.
Wheeler v. Rhoten, 144 Md. 10.

Variance prayer properly rejected. Conceded prayer. Non-reversible errors
in prayers. Kelso v. Rice, 146 Md. 276.

This section referred to in construing sec. 56—see notes thereto. Hygeia Ice
Co. v. Schaeffer, 152 Md. 235.

This section referred to in dissenting opinion in Gas Equipment Corp. v.
Baldwin, 152 Md. 331.

One building his own home by hired mechanics was not carrying on a trade,
business or occupation for pecuniary gain within the meaning of this section
Clement v. Minning, 157 Md. 201.

The exclusion of employees "engaged in rendering any agricultural service,"
etc., from the provisions of this article covered person who worked on farm in
dairy, though not actually doing farm work. Beyer v. Decker, 159 Md. 290.

U,;ath from tuberculosis held not to have resulted from accidental injury
arising out of and in course of his employment; inhalation of dust while at work
of operating flour mill, grinding and mixing poultry feed. Cambridge Mfg. Co.
v. Johnson 160 Md. 248.

1 Proximate cause" in compensation cases does not mean that the result must
be natural, usual or expected one, but that the result could have been caused
by the accident and that there has not intervened, between the accident and
the result, any other efficient cause. Baker v. Knipp & Sons, 164 Md. 64.

Where contractor, engaged in moving house, arranged with a carpenter, who
was working for the owner, to remove the eaves of the house, a task which
required only two or three hours, held that carpenter was only casual em-


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 1330   View pdf image (33K)
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