A New Jersey court ruled that a woman could pursue a Workers’ Compensation claim after alleging that a co worker’s perfume resulted in a disabling injury.
“If you tell people that this is a woman with a chronic medical condition who smells some perfume and gets sick, should people have to pay for that? But I guess the appellate division says they should.”Sexton was 64 years old at the time of the incident. Since then, DiMuzio Sorochen said her client has been largely dependent on an oxygen tank to breathe and unable to work.
It is interesting to note that the claimant had an existing lung condition caused by smoking a pack of cigarettes a year for 64 years.
As a general rule most courts and Workers’ Compensation commissions will go to great lengths to find that an injury or occupational illness is compensable.
Source: Insurance Journal