A police officer sought worker's compensation from the City of Pontiac for the deterioration of a preexisting lung condition, which he claimed was aggravated by inhalation of various pollutants, including environmental tobacco smoke from a fellow officer during his sixteen years of employment. A magistrate judge found sufficient evidence to support the alleged deterioration of the plaintiff's lung condition and ordered the defendant to compensate the plaintiff for "reasonable and necessary medical expenses." The Workers Compensation Appellate Commission (WCAC) affirmed that judgment. The defendant appealed, claiming that the WCAC went beyond its authority when it made a finding that the double lung transplant that the plaintiff eventually underwent (as opposed to the mere aggravation of a preexisting condition), was work related. The State of Michigan Court of Appeals affirmed the ruling of the WCAC, finding that the commission had applied a proper standard for evaluating the available evidence establishing the link between the exposure to workplace cigarette smoke and the aggravation of the plaintiff's lung disease.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.
A police officer sought worker's compensation from the City of Pontiac for the deterioration of a preexisting lung condition, which he claimed was aggravated by inhalation of various pollutants, including environmental tobacco smoke from a fellow officer during his sixteen years of employment. A magistrate judge found sufficient evidence to support the alleged deterioration of the plaintiff's lung condition and ordered the defendant to compensate the plaintiff for "reasonable and necessary medical expenses." The Workers Compensation Appellate Commission (WCAC) affirmed that judgment. The defendant appealed, claiming that the WCAC went beyond its authority when it made a finding that the double lung transplant that the plaintiff eventually underwent (as opposed to the mere aggravation of a preexisting condition), was work related. The State of Michigan Court of Appeals affirmed the ruling of the WCAC, finding that the commission had applied a proper standard for evaluating the available evidence establishing the link between the exposure to workplace cigarette smoke and the aggravation of the plaintiff's lung disease.