New York Workers' Compensation Board, 1992 WL224679

New York Workers' Compensation Board, 1992 WL224679 In this case before the New York Workers' Compensation Board in 1992, a board panel, specially assigned to review the claim of an employee of the board, determined that the claimant, a senior stenographer, sustained an accident within the meaning of the Workers' Compensation Law due to exposure to secondhand tobacco smoke or environmental tobacco smoke (ETS) in a poorly ventilated office. The panel rejected the testimony of the insurance carrier's physician who found that the claimant suffered from no disability. The claimant's physician diagnosed the worker with rhinitis, sinusitis, pharyngitis and tracheo-bronchitis. The case was sent to a trial calendar for a determination of an appropriate compensation award.