Wade Clark Mulcahy LLP

In Sexton v. County of Cumberland, the alleged aggravation of an employee's pre-existing COPD caused by inhaling perfume sprayed into the air by a co-employee was found to satisfy the "arising out of employment" criterion of N.J.S.A. 34:15-7 , and was found to be compensable. The Appellate Division reversed the Workers Compensation Court's conclusion that the COPD was a proclivity of the employee, the aggravation of which while in the course of employment, did not arise out of the employment.
<a href="http://www.judiciary.state.nj.us/opinions/a6414-06.pdf">http://www.judiciary.state.nj.us/opinions/a6414-06.pdf</a>