1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 84 N.Y.2d
  5. 84 N.Y.2d 129 (1994)
 

MTR. OF JOHANNESEN v. DHPD

84 N.Y.2d 129 (1994)

638 N.E.2d 981

615 N.Y.S.2d 336

In the Matter of Veronica Johannesen, Respondent, v. New York City Department of Housing Preservation and Development, Appellant. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 21, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Barry P. Schwartz and Leonard Koerner of counsel), for appellant.

G. Oliver Koppell, Attorney-General, New York City (Howard B. Friedland, Jerry Boone, Peter H. Schiff, Jane Lauer Barker and Theresa E. Wolinski of counsel), for Workers' Compensation Board, respondent.

Stephen M. Gielowski and D. Jeffrey Buckley, Buffalo, for New York State Association of Counties and others, amici curiae.

Pasternack Popish & Reiff, P. C., Brooklyn (Victor Pasternack and Dominick J. Tuminaro of counsel), for The Amalgamated Clothing and Textile Workers Union and others, amici curiae.

Colleran, O'Hara & Mills, Garden City, (Edward J. Groarke of counsel), for New York State AFL-CIO, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and CIPARICK concur; Judge LEVINE taking no part.

BELLACOSA, J.

The determinative issue on this municipal, self-insurer, employer's appeal is whether claimant's bronchial asthma, aggravated by exposure to excessive amounts of secondhand cigarette smoke in a confined work environment, constitutes an accidental injury compensable under the Workers' Compensation Law. The Workers' Compensation Board found an accidental injury and the Appellate Division affirmed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases