Johannesen v. New York City Department of Housing Preservation and Development

In 1981 Veronica Johannesen (plaintiff), an office assistant, was assigned to work at the New York City Department of Housing Preservation and Development (the employer) (defendant). The office had one room, and at least half of the 50 employees smoked cigarettes. The room was crammed with desks and file cabinets, forcing the employees to work close together. The office windows were kept closed, and the office ventilation system did not function properly. By 1983 Johannesen began wheezing and coughing at work, and in 1985 she was diagnosed with bronchial asthma aggravated by exposure to cigarette smoke in the workplace. Johannesen’s transfer requests to work in a smoke-free environment were repeatedly denied. In 1986 Johannesen had two sudden traumatic asthmatic attacks at work that required emergency medical treatment. Johannesen sought workers’ compensation benefits. The Employer argued that the average person would not view Johannesen’s bronchial asthma as an accidental injury because her asthma condition was solely an allergic reaction and did not occur in an unexpected or unusual circumstance. The employer argued that the absence of a catastrophic or extraordinary event disqualified the events from the accidental-injury category. Lastly, the employer argued that even if Johannesen’s asthma was an accident, the evidence was insufficient due to lack of time definiteness of the injury. The Workers’ Compensation Board found Johannesen had sustained an accidental injury. The appellate division affirmed. The employer appealed.