Detchon v. Department for Correctional Services

The applicant applied for workers compensation on the basis that exposure to second-hand smoke at Mobilong Prison, where he was employed as a warden, had materially worsened his asthma. The applicant's duties included unlocking and inspecting prisoner's cells. The prisoners were allowed to smoke in their cells with the doors closed, and smoking was also permitted in adjoining areas.

The Tribunal upheld the applicant's claim, finding that the cigarette smoke he was exposed to at work had worsened his asthma and led to an ongoing incapacity for work. He was awarded weekly payments of income maintenance.

Detchon v. Department for Correctional Services [2005] SAWCT 108 (15 December 2005)

  • Australia
  • Dec 15, 2005
  • Workers Compensation Tribunal (SA)
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Parties

Plaintiff David Detchon

Defendant Department for Correctional Services

Legislation Cited

Workers Rehabilitation and Compensation Act 1986

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

None

Type of Tobacco Product

None

"These cases provide the necessary guidance to the analysis of fact in this case. If I am to believe the worker he remains materially worse in his sensitivity and response to smoke. I do accept his evidence in this regard. On the basis of the evidence I find there has been a change in the reactivity and sensitivity in the lining of the air passages leading to the worker’s lungs. This change has been brought about by the cigarette smoke he was exposed to at work. It has led to a disability and an ongoing incapacity in the sense that it is still operative. It makes the worker unfit for any work where he might be exposed to any cigarette smoke."