photo credit: jonycunha

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.

As an interesting sidelight, the firm’s representation of Mrs. Sexton was indeed a family affair: Kenneth A. DiMuzio, Jr., tried the case before the workers’ compensation tribunal, Kenneth A. DiMuzio, Sr. wrote the appeal brief and Christine DiMuzio- Sorochen successfully argued the case before the Appellate Division of New Jersey Superior Court.

The attached Appellate Court Brief filed on behalf of Mrs. Sexton is attached for review for a complete explanation of the issues that were successfully argued on appeal.