New York Court of Appeals
In the Matter of Veronica Johannesen, Respondent v. New York City Department of Housing Preservation and…
June 21, 199484 N.Y.2d 129
Summary
The New York Court of Appeals affirmed the Workers' Compensation Board's determination that Veronica Johannesen's bronchial asthma, aggravated by prolonged exposure to secondhand cigarette smoke in a poorly ventilated office, constitutes an accidental injury under the Workers' Compensation Law. The Court relied on established precedent that accidental injuries may be gradual and require an unusual hazard, and found the Board's decision supported by substantial evidence.