Poston v. Smith

In August 1994, Deborah Poston (employee) filed a complaint for workers' compensation benefits, alleging that she had sustained an injury or occupational disease (chronic sinusitis) in or about July 1993, while working within the line and scope of her employment with Rufus R. Smith, Jr. (employer), due to her exposure to cigarette smoke in the workplace. The employer filed a motion to dismiss, asserting that the complaint failed to state a claim upon which relief could be granted, and, alternatively, that it affirmatively appeared from the allegations that the relief sought was not covered by…