A nonsmoking employee sought a worker’s compensation hearing, alleging that he was permanently and totally disabled as a result of his exposure to secondhand smoke at Management Decisions. The Labor and Industry Review Commission ruled that the employee‘s injury, “sever chronic central nervous system and other multisystem failure,” was not caused by his employment.  The Circuit Court for MilwaukeeCounty affirmed the conclusion of the Commission.  On appeal, Avina argued that he provided medial testimony that established that his illness was caused by his on-the-job exposure to secondhand smoke.  The Court of Appeals of Wisconsin, District One, affirmed the Circuit Court’s judgment, ruling that the Commission could have reasonably concluded, after hearing from the Commission’s expert witnesses, that  Avina’s illness es ere no t caused by secondhand smoke.

2008 Wisc. App. LEXIS 852.