You might think Doris Sexton’s main problem is the chronic lung condition she’s got from smoking a pack a day for 43 years. The smell of the co-worker’s perfume, however, she argues, exacerbated that ailment. A New Jersey court has allowed her workers’ compensation lawsuit to go forward. [Insurance Journal] For ADA lawsuits involving perfume, follow links from here.
2 Comments
Of course, had the plaintiff NOT smoked 313,900 cigarettes first, none of this would have been a problem (the tax payers’ problem).
As an injured worker who has been permanently disabled and lives everyday with chronic pain form a REAL injury, I find that the fact this woman has been allowed to go ahead, an affront to all of us who have real injuries. Injuries that were further exasperated by the very system set up to protect us.
She is one of the reasons people believe that all wpi (work place injured) are fakers.
She is one of the reasons the insurance companies get away with the mistreatment and killing of wpi’s. The games they get to play with our checks. The fact it takes years to get complex injuries addressed (often too late for the wpi). The fact that retraining, cola, and other things are not a part of the work comp system. A system that is not set up to address the injuries of the worker but rather to put money in the pocket of the insurance companies.
She should be ashamed of herself.
I wonder did she ever talk with her employers about the persons perfume? Did she ever say to the person ” Your perfume bothers me could you please wear less?” Did she ever do anything to minimize the impact on herself? Probably not but I wonder why anyone would do this for the pittance most of us get from work comp.