TOBACCO CONTROL LAWS

Johannesen v. NYC Department of Housing Preservation and Development

An office assistant sought workers’ compensation benefits for her asthmatic episodes, including two asthma attacks which required her to be rushed to the hospital for emergency treatment. The court upheld the finding of the Workers’ Compensation Board that the employee’s aggravated asthma, which was caused by prolonged exposure to cigarette smoke in her confined workplace, constituted an “accidental injury” under workers’ compensation law. The court found that cigarette smoke is not a natural byproduct of the work at her office and the secondhand smoke exposure qualified as an “unusual hazard.”

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Johannesen v. NYC Dept. of Housing Preservation and Development, 615 N.Y.S. 2d 336 (1994).

  • United States
  • Jun 21, 1994
  • Court of Appeals of New York

Parties

Plaintiff Veronica Johannesen

Defendant

  • New York City Department of Housing Preservation and Development
  • Workers' Compensation Board

Legislation Cited

New York Workers' Compensation Law

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Employment and Disability Law Violation
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.

Type of Tobacco Product

None

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