Australia

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.