Habera v. Polaris Mining Co.

Respondent, a single man, was employed by the Polaris Mining Company, working night shift from October 16 to November 5, 1939, a period of twenty days. During most of that time he worked underground, running a motor. November 5th he was told by the foreman that he had failed to pass the physical examination required; this was called the “pre-employment examination.” On the day of the examination, October 31st, X-rays were taken of respondent’s chest which showed (according to Dr. Bone-brake’s testimony) “a moderate degree of silicosis, [‘Degree 2 —non-disabling’] sealing of both apices with…