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SEXTON v. COUNTY OF CUMBERLAND

DOCKET NO. A-6414-06T1.

962 A.2d 1114 (2009)

404 N.J. Super. 542

Doris SEXTON, Petitioner-Appellant, v. COUNTY OF CUMBERLAND/CUMBERLAND MANOR, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 2009.

Attorney(s) appearing for the Case

Christine DiMuzio Sorochen argued the cause for appellant (Hoffman DiMuzio, attorneys; Kenneth A. DiMuzio, Sr., Woodbury, on the brief).

Robert G. Malestein, Vineland, argued the cause for respondent County of Cumberland/Cumberland Manor (Lipman, Antonelli, Batt, Dunlap, Wodlinger & Gilson, attorneys; Mr. Malestein, on the brief).

Cheryl B. Kline, Deputy Attorney General, argued the cause for respondent Second Injury Fund (Anne Milgram, Attorney General, attorney; Ms. Kline, on the brief).

Before Judges LISA, SAPP-PETERSON and ALVAREZ.

The opinion of the court was delivered by

LISA, P.J.A.D.

The sole issue in this workers' compensation case is whether Doris Sexton's alleged aggravation of her preexisting chronic obstructive pulmonary disease (COPD), caused by inhaling a particular perfume sprayed by a co-employee in her employer's workplace on three occasions on the same day, arose out of the employment. The judge of compensation reasoned that because the alleged reaction to the perfume...

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