Waibel v. State Compensation Department

The State Compensation Department appeals from a circuit court finding that the now-deceased workman Joe Waibel’s total disability immediately preceding his death resulted from an industrial accident and was therefore compensable. Waibel’s period of total disability was due to Hodgkin’s disease which pre-existed his industrial accident.

There are two questions which must be answered in the affirmative if the ruling of the court below is to be affirmed.

One is: If the happening of an accident delays the diagnosis of a pre-existing disease with the result that the disease is not treated as…