The California Department of Employment determined that the claimant, an employee who suffered from bronchitis and was being treated for that condition, was disqualified for unemployment benefits because she had voluntarily left her work without good cause.  On her first day of work, she realized she would be working in an area with smokers.  She spoke to her boss, who said he would not change her job location.  She suffered distress, her eyes became red and bloodshot, she had trouble breathing and developed a cough and nosebleeds.  An Administrative Law Judge ruled that she did attempt to resolve the situation, was adversely affected by her environment and had good cause for leaving.  Therefore, the Department’s ruling was reversed and the claimant is eligible for unemployment benefits.

No. VN-1110, (California Unemployment Insurance Appeals Board, 1985).