P and X were both employed by D. Their work made it necessary that they be in close proximity to one another. X, who was infected with tuberculosis, frequently coughed in P's face and on one occasion the spray and sputum went into P's face and mouth. Within several months P was forced to leave the employ of D. Applying for relief under the North Carolina Workmen's Compensation Act, P made a showing that he was disabled with tuberculosis, and the Workmen's Compensation Commission, finding that P had been in contact with no other source of the disease, made an award of compensation from which D appealed. Held, with one justice dissenting, that the unusual circumstances under which the disease arose constituted a compensable injury by accident arising out of and in the course of employment. MacRae v. Unemployment Compensation Commission of North Carolina, 217 N. C. 769, 9 S. E. (2d) 595 (1940).
Michigan Law Review,
WORKMEN'S COMPENSATION - INJURY BY ACCIDENT - COMPENSATION FOR A CONTAGIOUS DISEASE CONTRACTED FROM A FELLOW EMPLOYEE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss5/18