MATTER OF WACHTLER v. AT&T


285 A.D.2d 767 (2001)

728 N.Y.S.2d 273

In the Matter of WILLIAM WACHTLER, Appellant, v. AT&T et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 12, 2001.


Mugglin, J.

Claimant, an office worker, transferred to his employer's high-rise global network center in August 1992. The office where claimant worked consisted of one room with five rows of desks and two cubicles, one of which claimant occupied. A lunch room was located adjacent to this office space and a smoking room was adjacent to the lunch room. Smoking also took place in private offices adjacent to the office space. On average, claimant could smell smoke at...

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