Travelers Insurance v. Industrial Accident Commission

John Anthony Odello was a lead burner by trade. According to undisputed evidence, his death was immediately caused by fibrinopurulent meningitis. A claim was filed by his wife with the Industrial Accident Commission and she was awarded $6,300 upon the basis of a finding of fact, made by a referee, that Odello ‘ sustained injury arising out of and occurring in the course of his employment, consisting of lead poisoning which proximately resulted in his death.” By a writ of review, the insurer seeks to have the award annulled.

The controversy centers upon the evidence concerning meningitis and…