![]() ![]() ![]() Most states prohibit discrimination on the basis of disabilities. There is a growing body of law indicating that employers may be liable under state and federal discrimination laws for permitting smoking in the workplace. On July 23, 1998, the judge awarded the teacher $45,000 in temporary disability benefits and ordered the Middletown, NJ Board of Education to pay his outstanding medical bills, provide future treatment, and restore sick time that he had used up ( Magaw v. More recently, a worker’s compensation judge in New Jersey ruled that a physical education teacher’s tonsillar cancer was caused by exposure to secondhand smoke the teacher had shared an office with a chain-smoker for 26 years. State Compensation Insurance Fund, 1990). In an out-of-court settlement, the California Compensation Insurance Fund covered Uhbi’s $85,000 in medical expenses associated with his secondhand smoke induced illness ( Uhbi v. ![]() It was determined that his heart attack was caused by passive smoking exposure while working as a waiter in a restaurant which permitted smoking. Uhbi, an otherwise healthy, vegetarian nonsmoker, suffered a heart attack. One notable example is the case of Avatar Uhbi, settled in 1990. However, it is well established in most states that workers may receive benefits for injuries caused by workplace smoking exposure ( Schober v. Workers’ compensation laws vary somewhat from state to state. ![]()
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