Legal Opinion
Johannesen v. New York City Department of Housing Preservation & Development
New York Court of Appeals
Decided June 21, 1994PublishedCited by 54 opinions
1Opinion of the Court
OPINION OF THE COURT
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. Because the decision accords with established precedents and is supported by substantial evidence, we affirm.
1
The facts are essentially uncontroverted. Claimant,…
2Cases cited27 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Wolfe v. Sibley Lindsay & Curr Co.New York Court of Appeals · 1975
- Matter of Lerner v. Rump Bros.New York Court of Appeals · 1925
22 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Donna Heilweil v. Mount Sinai HospitalCourt of Appeals for the Second Circuit · 1994
- Matter of Pierre v. ABF Frgt.Appellate Division of the Supreme Court of the State of New York · 2022
- Svensson v. Securian Life InsuranceDistrict Court, S.D. New York · 2010
- Claim of Mazayoff v. A.C.V.L. Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Claim of Baxter v. MyersAppellate Division of the Supreme Court of the State of New York · 1998
49 more not listed; retrieve them via the Exa API.