Schober v. Mountain Bell Tel.

Herbert A. Schober (plaintiff) worked as an engineer for Mountain Bell Telephone (Mountain Bell) (defendant). Schober’s work area was changed to an open office area with significantly more tobacco smoke, and Schober began experiencing symptoms caused by a tobacco-smoke allergy. Schober consulted several doctors, who all told him that there was no cure for his allergy and that he must avoid tobacco smoke. Schober installed a special filtration system in his home and asked Mountain Bell to give him an enclosed office so he could install his own filtration system at work as well. Mountain Bell refused, and Schober had to take a demotion out of engineering to the plant floor to get away from the smoke. However, Schober had become so sensitized to smoke that even small amounts triggered allergic symptoms. In 1977 Schober collapsed for the second time at work and had to be hospitalized. Schober’s recovery took four months. Mountain Bell fired Schober for excessive accidents while Schober recovered. Schober filed a claim for workers’-compensation benefits. Mountain Bell argued that Schober’s claim should be denied because his injury was a result of his idiopathic sensitivity to tobacco smoke and not due to an employment-related risk. Schober’s physician testified that working eight hours a day, five days a week, in an area that contained tobacco smoke was the major contributing factor to his condition. Mountain Bell claimed that Schober would have been exposed to similar or greater levels of tobacco smoke at other area office buildings and, therefore, the risk Schober faced at Mountain Bell was common to the public. The trial court allowed benefits for partial temporary disability. Mountain Bell appealed, arguing Schober’s claim was not compensable. Schober appealed, arguing he was entitled to permanent partial-disability benefits.