The Perfume Decision Featured at “Hot Topics in Workers’ Compensation Law 2009”
Filed under: New Jersey Law, Workers Compensation, Workers' Comp
Kenneth A. DiMuzio, Sr., Senior Partner of the law firm of Hoffman DiMuzio participated in the annual “Hot Topics in Workers’ Compensation Law 2009” seminar, sponsored by the New Jersey Institute for Continuing Legal Education. Mr. DiMuzio presented an analysis of “The Evidential Burden Required to Successfully Establish Compensability in a Claim Involving Secondary Fragrance Exposure in the Workplace”. Mr. DiMuzio was invited to participate because Hoffman DiMuzio successfully represented the petitioner in the recent “perfume case” entitled Sexton v. County of Cumberland/Cumberland Manor, 404 NJ Super 542 (App. Div. 2009). In that case, the firm successfully reversed a trial court opinion that had dismissed a claim brought for an employee whose pre-existing chronic obstructive pulmonary disease medical condition had been aggravated by exposure to perfume sprayed by a co-employee at work. On behalf of Mrs. Sexton, the firm proved that the incident did “arise out of and during the course of employment” entitling her workers’ compensation benefits for the aggravation of her pre-existing pulmonary condition. Read more
The Perfume Decision – A Workers’ Compensation Case
Filed under: New Jersey Law, Workers Compensation, Workers' Comp
A lot of controversy has arisen over the recent “perfume case”. In Sexton vs. Cumberland County/Cumberland Manor the N.J. Appellate Court held that a worker was entitled to pursue workers’ compensation benefits because perfume exposure at work aggravated a pre-existing lung condition. Contrary to the opinion of some critics, the holding does not stink. The furor expressed by those opposed to the decision is based upon a fundamental misunderstanding of the principles of N.J. workers compensation law. Read more