A worker who had been smoking for 24 years claimed that her employer’s smoking ban at its electronics manufacturing plant left her unable to work due to mental stress. She was diagnosed as suffering from depression, nicotine dependence and post-traumatic stress disorder. So, she applied for workers’ compensation benefits. The Colorado Court of Appeals rejected her claim and noted that ” . . . smoking restrictions are a common fact in today’s life, not only in the workplace but in social and commercial environments as well.” See Sanko, J., “Smoker Who Quit Job over Ban Loses Aid,” Rocky Mountain News (Denver, CO), March 20, 1992; and Pankratz, H., “Smoking Ban Not Grounds for Disability Pay,” Denver Post, March 20, 1992, 1B and 4B.
839 P. 2d 489, (Colo. App. 1992), 7 IER Cases 525, 7.2 TPLR 2.72, Colo. App. 91CA1058