Barthell v. Northwest Airlines Inc., State of Hawaii Department of Labor and Industrial Relations Disability Compensation Division

A nonsmoking flight attendant filed a disability claim, alleging that he was injured by being exposed to secondhand smoke on trans-Pacific flights.  Defendant offered him a ground based no-smoking assignment in June 1996.  Claimant said that he initially agreed to the assignment but then was advised by one of the supervisors that there wouldn’t be anything for him to do and, because tickets would need to be purchased on Aloha Airlines for him to fly to Honolulu to work, that he should not come into the office.  Thus, Claimant petitioned that he is entitled to temporary total disability benefits. Claimant resumed flying on September 3, 1996.  On May 27, 1997, the Director of Labor and Industrial Relations determined that Claimant is entitled to TTD benefits from June 15, 1996 through August 30, 1996.

Case No. 29609870 (Hilo)(1997).