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Tobacco-Related
Workers' Compensation Cases
(1910-2000)

Smoker Accidents Background Data
Smoker Sickness Background Data

M'Lauchlan v Anderson, 1 Scot Law Times 127; 48 Sc L Rep 349; 4 SWCC 376 (1 Feb 1910) (worker fell from work wagon attempting to pick up his fallen pipe, held compensable)

Manson v Forth & Clyde Steamship Co, [1913] SC 921; 50 Scot L R 475; [1913] WC & Ins Rep 399; 6 BWCC 830 (23 May 1913) (fire from cigarette in contact with worker's oil-covered trousers) [or 50 Scot L R 687?]

Chludzinski v Standard Oil Co, 176 App Div 87; 162 NYS 225 (28 Dec 1916)

Haller v City of Lansing, 195 Mich 753; 162 NW 335; LRA 1917E, 324 (9 April 1917) (injury by fire)

Dzikowska v Superior Steel Co, 65 PLJ 502; 31 York 67 (23 April 1917)

Dzikowska v Superior Steel Co, 259 Pa 578; 103 A 351 (7 Jan 1918). SCB: 65 PLJ 502; 31 York 67 ("foreman testified . . . he did not allow smoking inside" "the building.")

In re Betts, 66 Ind App 484, 486; 118 NE 551, 552 (18 Jan 1918) ("an habitual and almost constant user of tobacco" was killed on the job when, "two or three steps" from his job site, walking toward to a store "to get some tobacco," apparently suffering withdrawal symptoms causing him to pay less attention than he ought, "he was struck by an automobile . . . and killed almost instantly.")

Whiting-Mead Commercial Co v Industrial Accident Commission, 178 Cal 505; 173 P 1105; 5 ALR 1518 (3 July 1918) (workers' compensation case)

Rish v Iowa Portland Cement Co, 186 Iowa 443; 170 NW 532 (23 Jan 1919)

Taylor v Industrial Commission, 31 OCA 390; 13 Ohio App 262 (19 June 1920)

Storm v Industrial Accident Commission, 191 Cal 4; 214 P 874 (12 April 1923)

Tiralongo v Stanley Works, 104 Conn 331; 133 A 98 (8 April 1926) (worker's compensation case, involving fire; "The rules of the factory forbid smoking during working hours, and notices were posted in the lavatory and toilets of the plant reading 'No smoking.'")

Fischer v R. Hoe & Co, Inc, 224 App Div 335; 230 NYS 755 (20 Sep 1928)

Dattilo's Case, 273 Mass 333; 173 NE 552 (28 Nov 1930) was by the widow of a smoker who had worked with gasoline and had gasoline on his clothing. She sought worker compensation when her husband died as follows: While his trousers were covered with gasoline, he "took a match from his pocket and scratched it on his trousers for the purpose of lighting a cigarette . . . in his mouth, and 'he became a human torch.' He never recovered from his burns and died." That is a lot of addiction!!

Lovallo v American Brass Co, 112 Conn 635; 153 A 783 (3 March 1931)

McAfee v Travis Gas Corp, 137 Tex 314; 153 SW2d 442 (4 June 1941). SCB: 131 SW2d 139 (employee smoked around gas pipe, which was leaking, resultant fire and explosion caused injury to another person)

McDonough v Sears, Roebuck & Co, 127 NJL 158; 21 A2d 314 (25 July 1941) (worker compensation case, employee injured self smoking despite employer ban on smoking)

Western Pipe & Steel Co v Industrial Accident Commission, 49 Cal 2d 108; 121 P2d 35 (13 Jan 1942)

McDonough v Sears, Roebuck & Co, 130 NJL 530; 33 A2d 861 (16 Sep 1943). SCB: 127 NJL 158; 21 A2d 314 ("the [person in charge] warned [the smoker] not to smoke, and went so far as to instruct the [staff] not to let him have cigarettes or matches.")

Richards v Creamer, 267 App Div 928; 46 NYS2d 769 (15 March 1944)

Richards v Creamer, 267 App Div 1007; 48 NYS2d 685 (3 May 1944). SCB: 267 App Div 928; 46 NYS2d 769

Fossum v George A. Fuller Co, 70 RI 191; 38 A2d 148 (22 June 1944) (worker's compensation case)

McLellan v International Paper Co, 269 App Div 800; 55 NYS2d 56 (16 May 1945)

Puffin v General Electric Co, 132 Conn 279; 43 A2d 746 (12 July 1945) (worker compensation case)

McLellan v International Paper Co, 294 NY 967; 63 NE2d 597 (4 Oct 1945). SCB: 269 App Div 800; 55 NYS2d 56

Bradford's Case, 319 Mass 621; 67 NE2d 149 (29 May 1946) (worker's compensation case, where by employer rule, "smoking was not permitted inside the building")

McLellan v International Paper Co, 271 App Div 857; 66 NYS2d 3 (20 Nov 1946). SCB: 294 NY 967; 63 NE2d 597

Waskevitz v Clifton Paper Board Co, 7 NJ Super 1; 71 A2d 646 (1 March 1950) (worker's compensation job smoking case)

Hill-Luthy Co v Industrial Commission, 411 Ill 201; 103 NE 2d 605 (24 Jan 1952) (employee smoking case)

Secor v Penn Service Garage, 35 NJ Super 59; 113 A2d 177 (1 April 1955) (fire case leading to this worker compensation case, employee smoked around gasoline)

Secor v Penn Service Garage, 19 NJ 315; 117 A2d 12 (27 Sep 1955). SCB: 35 NJ Super 59; 113 A2d 177

Wiseman v Industrial Accident Commission, 291 P2d 180 (Cal App, 14 Dec 1955)

Wiseman v Industrial Accident Commission, 46 Cal 2d 570; 297 P2d 649 (29 May 1956). SCB: 291 P2d 180

Crotty v Driver Harris Co, 45 NJ Super 75; 131 A2d 578 (22 April 1957) (worker compensation job smoking case)

Crotty v Driver Harris Co, 49 NJ Super 60; 139 A2d 126 (17 Feb 1958). SCB: 45 NJ Super 75; 131 A2d 578

Tobin v W. T. Grant Co, 17 Misc 2d 517; 191 NYS 2d 540 (23 Jan 1959) (worker's compensation case)

Tobin v W. T. Grant Co, 8 App Div 2d 723; 187 NYS2d 989 (4 May 1959). SCB: 17 Misc 2d 517; 191 NYS 2d 540

Tobin v W. T. Grant Co, 9 App Div 2d 691; 191 NYS2d 1010 (19 Oct 1959). SCB: 8 App Div 2d 723; 187 NYS2d 989

Clarke v Coats & Clarke, Inc, 97 RI 163; 196 A2d 423 (10 Jan 1964) (worker compensation employee smoking case)

Bouillier v Samsan Co, 100 RI 676; 219 A2d 133 (25 April 1966) (employee violating employer rule smoked on the job, injured self, filed workers' compensation claim; "no smoking was permitted in the area where the thinners and the lacquers were located")

McGee v Adams Paper & Twine Co, 26 App Div 2d 186; 271 NYS2d 698 (7 July 1966) motion gr 19 NY2d 673; 278 NYS2d 864; 225 NE2d 555 (16 Feb 1967) aff'd 20 NY2d 921; 286 NYS2d 274; 233 NE2d 289 (29 Nov 1967) (smoking-caused a building fire, fireman coming to fight the fire, death ensued, and widow's lawsuit for compensation) (Context)

American Tobacco Co v Sallee, 419 SW2d 160 (Ky App, 5 May 1967) (worker compensation case)

McAlister v Workmen's Compensation Appeals Board, 69 Cal 408; 71 Cal Rptr 697; 445 P2d 313 (4 Oct 1968) (“the more smoke . . . inhaled . . . the greater the danger”)

Bolger v Chris Anderson Roofing Co, 112 NJ Super 383; 271 A2d 451 (23 Nov 1970)

Stauffer v Bank of America, No. 68 ANA 23916, 36 Cal Comp Cases 732 (WC Refereee, 3 Aug 1971)

Stauffer v Bank of America, No. 68 ANA 23916, 36 Cal Comp Cases 732 (WCAB, 14 Oct 1971)

Stauffer v Workmens Compensation Appeals Board, Civil No. 11834 (Ct App, 6 Dec 1971). SCB: 36 Cal Comp Cases 732

Stauffer v Bank of America, No. 68 ANA 23916, 37 Cal Comp Cases 687 (App Bd, 7 June 1972). SCB: 36 Cal Comp Cases 732

Stauffer v Workmen's Compensation Appeal Board, Civil No. 12157, 37 Cal Comp Cases 687 (Ct App, 13 Oct 1972). SCB: 36 Cal Comp Cases 732

Stauffer v Workmen's Compensation Appeal Board, Cal (Sup Ct, 22 Nov 1972). SCB: 37 Cal Comp Cases 687; 36 Cal Comp Cases 732

Riley v Avondale Shipyards, 305 So 2d 742 (La App, 14 Dec 1974) (worker's compensation case)

Buchanan v Allen Hay Motor Co, 21 Or App 90; 553 P2d 824 (1975)

Fuentes v Workmen's Compensation Appeals Board, 40 Cal Comp Cases 40; 44 Cal App 3d 231; 18 Cal Rptr 530 (8 Jan 1975)

Langlais v Superior Plating, Inc, 303 Minn 213; 226 NW2d 891 (28 Feb 1975)

Nelson v Industrial Commission, 24 Arizona App 94; 536 P2d 215 (5 June 1975)

Fuentes v Workmen's Compensation Appeals Board, 16 Cal 3d 1; 128 Cal Rptr 673; 547 P2d 449 (2 Feb 1976). SCB: 40 Cal Comp Cases 40; 44 Cal App 3d 231; 18 Cal Rptr 530

Matter of Melvin Draper, J371536 (Wash, 7 May 1976)

Matter of Werner Peterke, ECAB Worker Comp Case (Baltimore, June 1977)

Appeal of Melvin Draper, J371536 (Wash, 7 Dec 1977)

Newport News Shipbuilding and Dry Dock v Director, Office of Workers' Compensation Programs, 6 BRBS 133 (1977)

Matter of Evelyn Bertram, Worker Comp Case A9-190131 (Mich, 29 Dec 1977) (nonsmoker injured on job by TTS)

Appeal of Melvin Draper, J371536 (Wash, 16 Jan 1978)

Mueller v State Accident Insurance Fund, 33 Or App 31; 575 P2d 673 (1 March 1978)

Harrison v Industrial Commission of Utah, 578 P2d 510 (Utah, 10 July 1978)

Newport News Shipbuilding and Dry Dock v Director, OWCP, 583 F2d 1273 (CA 4, 21 Sep 1978). SCB: 6 BRBS 133

Newport News Shipbuilding and Dry Dock v Director, OWCP, 440 US 915; 99 S Ct 1232; 59 L Ed 2d 465 (21 Feb 1979). SCB: 6 BRBS 133; 583 F2d 1273

Pullman Kellogg v Workmens' Compensation Appeals Board, 26 Cal 3d 450; 161 Cal Rptr 783; 605 P2d 422 (4 Feb 1980)

Clark v Burlington Industries, 49 NC App 269; 271 SE2d 101 (21 Oct 1980) (worker comp case)

Morrison v Burlington Industries, 301 NC 226; 271 SE2d 364 (23 Oct 1980). SCB: 47 NC App 50; 266 SE2d 741

Moore v J. P. Stevens & Co, Inc, 301 NC 401; 274 SE2d 226 (4 Nov 1980). SCB: 47 NC App 744; 269 SE2d 159

Crucible Steel v Workmen's Compensation, 59 Pa Cmnwlth 184; 429 A2d 123 (6 May 1981)

Page v Prestressed Concrete Co, 399 So 2d 657 (La App, 26 May 1981) (worker comp case)

Humphries v Cone Mills Corp, 279 SE2d 56 (NC App, 16 June 1981)

Frady v Groves Thread/General Accident Ins Co, 56 NC App 61; 286 SE2d 844 (16 Feb 1982)

Rutledge v Tultex Corp, 56 NC App 345; 289 SE2d 72 (16 March 1982)

Swink v Cone Mills, Inc, 61 NC App 475; 300 SE2d 848 (5 April 1983)

Rutledge v Tultex Corp./Kings Yarn, 308 NC 85; 301 SE2d 359 (5 April 1983)

Barrington v Dan River, Inc, 225 Va 240; 302 SE2d 505 (29 April 1983)

Caskey v Dan River Mills, Inc, 225 Va 405; 302 SE2d 507 (29 April 1983)

Sumner v Work Comp App Bd, 33 Cal 3d 965; 191 Cal Rptr 811; 663 P2d 534 (2 June 1983)

Director, Office of Workers' Comp Programs v Rowe, 710 F2d 251 (CA 6, Ky, 17 June 1983)

Palmer Coking Coal Co v Director, Office of Workers' Comp Programs, 720 F2d 1054 (CA 9, 17 Nov 1983)

Swink v Cone Mills, Inc, 65 NC App 397; 309 SE2d 271 (6 Dec 1983). SCB: 61 NC App 475; 300 SE2d 848

Calloway v Brown & Williamson Tobacco Co, 675 SW2d 389 (Ky, 13 Feb 1984) (worker compensation case, witness fee issue)

Marlene W. Ritchie, WCB Case No. 84-07248, Claim No. D 69058, Van Natta (Oregon, 7 Oct 1984)

Frady v Groves Thread/General Accident Insurance Co, 312 NC 316; 321 SE2d 835 (6 Nov 1984). SCB: 56 NC App 61; 286 SE2d 844

Iandorio v Kriss & Senko Enterprises, Inc, 329 Pa Super 624; 488 A2d 1169 (7 Dec 1984)

Matter of Compensation of Downey, 37 Van Natta 455 (23 April 1985)

Ogg v Bill White Chevrolet Co, 720 P2d 324 (Oklahoma, 3 June 1986) (smoker employee injured on-job, slip-and-fall case, going to car to retrieve cigarettes)

Coleman v Cycle Transformer Corp, 105 NJ 285; 520 A2d 1341 (14 Nov 1986)

Iandorio v Kriss & Senko Enterprises, Inc, 512 Pa 392; 517 A2d 530, 534 (Penn, 17 Nov 1986). A Pennsylvania court said

"[the smoker] notwithstanding his actual knowledge of the [foreseeable harm] proceeded to light a cigarette while [the victim] was standing only a few feet away . . . the employer . . . not only knew that its employees smoked at work, but, in fact, dictated where . . . exhibited . . . control over its employees' smoking."

Harper v Brown & Williamson Tobacco Co, 717 SW2d 502 (Ky App, 27 June 1986) (worker compensation case, back injury)

ATE Fixture Fab v Wagner, 559 So 2d 635; 5.3 TPLR 2.110 (Fla App, 25 Jan 1990) (second-hand smoke injury)

Philip Morris, Inc v Poynter, 786 SW2d 124 (Ky App, 23 March 1990) (worker compensation case)

Kufahl v Wisconsin Bell, Inc, Claim 88-000676; 6.2 TPLR 8.23 (Wis Dep't of Industry, Labor and Human Relations, 21 May 1990) (second hand smoke injury)

Avtar Ubhi v Marina's Bar and Grill, WCAB No. SFO 0341691 (WCAB, 15 Dec 1990) (second-hand smoke injury case, as per bar workers disproportionate tobacco-caused disease)

Witte v Dep't of Rehabilitative Services, 88 WC 44629 (Illinois, 19 March 1991) (worker comp case)

Bena v Massachusetts Turnpike Authority, No. 03922088, 7.1 TPLR 8.1 (Mass Dept of Industrial Accidents, 5 Dec 1991) (second hand smoke injury case)

Riddle v Ampex Corp, 839 P2d 489; 7 BNA IER 525 (19 March 1992) (smoker filed for "stress" upon establishment of smoking restrictions, case denied, as such enforcement is common)

Eastern Airlines, Inc and GAB v Crittenden and Travelers Ins Co, 17 Fla W D 724; 596 So 2d 112 (11 March 1992) (second hand smoke injury case)

Palmer v Del Webb's High Sierra, 108 Nev 673; 838 P2d 435; 8.1 TPLR 2.174 (1 Sep 1992) (worker comp case, nonsmoker gambling establishment employee acquired lung cancer from dispropo thertionate number of smokers gambling—gambling pursuant to their acalculia, a medical disorder taken advantage of by gambling establishments encouraging smoking as a matter of business practice—in essence discriminating against the mentally handicapped as per pertinent medical analyses, which activists oppose.)

Magaw v Middletown Bd of Education, 323 N J Super 1; 731 A2d 1196 (2 July 1999) cert den 1999 NJ LEXIS 1522 (5 Nov 1999) (worker compensation case, nonsmoker got throat cancer from Toxic Tobacco Smoke (TTS) from smoker coworker, due to exposure to 46,800 cigarettes from sharing office with smoker teacher, another evidence for ending negligent hiring practices). Note that after getting this dread condition, the school fought him all the way to the state Supreme Court, trying to deprive him of even paying his medical and life expenses caused by its negligent and unlawful hiring and safety practices. Educators should know better. See North Dakota Legislative Analysis. It also cites this webpage.

Duncan v Northwest Airlines, Case No. 98-35617 (CA 9, Wash, 6 April 2000) (flight attendant second-hand smoke injury case)


For Further Reading
Smoking On The Job
Avoidance of Negligent Hiring
Fire Prevention
Toxic Chemicals From Tobacco
Pertinent Legal Definitions
Montana Reference

On the job injuries from tobacco arise from tobacco's toxic chemicals allowed on-premises by reason of the disregard of centuries of law precedents/pure air cases pursuant to safety and anti-nuisance law, the US Constitution's Bill of Rights, etc. This disregard is juxtoposed with the non-enforcement of pertinent anti-poisoning and anti-murder criminal law in context of murder, "universal malice" murder, transferred intent," and "taking victims as they come." Exacerbating this is employer's routine negligent hiring of smokers, mentally disordered and dangerous individuals.