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Martin Belyaev
Martin Belyaev

Pneumonoconiosis



The data for this example contains the number of coal miners classified byradiological examination into one of three categories ofpneumonoultramicroscopicosilicovolcanoconiosis (known as pneumonoconiosisfor short) and by number of years spent working at the coal face dividedinto eight categories.




pneumonoconiosis



and, although he did various kinds of work in a coal yard, he was usually engaged in filling coal bags. He contended that he was incapacitated from further work by reason of pneumonoconiosis caused by the inhalation of coal dust. The single member of the Industrial Accident Board, acting under G.L. (Ter. Ed.) c. 152, Section 9B, appointed three physicians as industrial disease referees, who filed a report that the employee was suffering from pneumonoconiosis. The insurer objected to the admission of this report on the ground that one of the physicians, before his appointment as referee, had made an X-ray examination of the employee at the request of the employee's physician. The single member ruled that this did not prevent the physician from being impartial, and accepted the report. He then ruled that the finding of the three physicians was binding on the parties; that such finding established the fact that the employee was suffering from pneumonoconiosis; and that he would confine the hearing to a determination of the employee's disability and its cause and whether pneumonoconiosis was causally connected with the claimant's employment. The insurer offered the testimony of an expert in diseases of the chest, an expert in internal medicine, and an expert in roentgenology, all of whom testified that the employee did not have pneumonoconiosis. The roentgenologist also testified that he had examined the X-ray plates taken by one of the physicians who signed the report and testified that they did not show the presence of pneumonoconiosis. All such evidence was excluded on the question of the presence of this disease, but was accepted on the issue of the employee's disability. Such evidence, however, had no force or effect because the experts' conclusion that he was not disabled was based entirely on the ground that he did not have the disease in question. The absence of the disease could not be shown under the ruling made by the single member. The reviewing board affirmed and adopted this ruling and the decision of the single member.


There was error in ruling that the physician who acted as one of the referees was impartial. He had taken X-rays of the employee, who had been referred to him by his family physician. There is nothing in the record indicating whether or not he had secured a medical history from either the family physician or the employee, but it does appear that after the family physician saw the X-ray plates that were taken he changed his previous diagnosis of acute bronchitis and "with the aid of the roentgenologist the supplemental diagnosis of pneumonoconiosis was made." The X-ray plates which were taken by the referee previous to his appointment were used at the hearing before the single member, and there were contrary opinions expressed by various experts as to whether or not they showed that the employee had pneumonoconiosis. The Legislature never intended that such a referee should act in a dual capacity. The evidence adduced by the insurer tended to show that one supposed to be impartial was mistaken in thinking that the X-ray plates showed the presence of this disease; and yet such evidence could have no probative effect simply because the one who took the X-ray plates afterwards became an industrial disease referee on the same case. Such a circumstance was utterly inconsistent with the requirements of plain justice and the demands of a full and fair hearing of an important issue of fact. In Korobchuk's Case, 277 Mass. 534, 537, concerning a physician who had operated on the employee's fingers, it was said that "If this testimony were believed Dr. Bard was not an impartial physician within the meaning of G.L. c. 152, Section 9."


The human body is enveloped in weak (10-9 T) magnetic fields generated by magnetic particles accumulated in the lungs and other organs. We studied magnetic fields from the lungs (magnetopneumogram) in order to determine how they may be utilized in the early diagnosis of pneumonoconiosis and other diseases. The effects of these diseases have been positively correlated with the size of the magnetic particle deposits in the lungs. When we measured the relaxation effect and the secondary magnetization for smokers and non-smokers, we found there was a large difference in these characteristics between these groups. 041b061a72


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