Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A federal employee who was diagnosed with “asthmatic bronchitis with hyper-irritable airways” applied for disability benefits after she was transferred to an office in which many other employees smoked. An internal agency denied disability benefits to the employee. The court reversed the agency’s decision, finding that the employee was totally disabled under the relevant federal law because she was unable to perform her job in a smoke-filled office due to her disease. Because the employee would be able to work in a smoke-free environment, the court ordered the government to find her a suitable position in a safe environment within 60 days or the employee would be eligible for disability benefits.