Roos v. Ally and Gargano, Inc.

An asthmatic woman sued her former employer for physical injuries and loss of income incurred as a result of her forced resignation from the defendant’s employ due to working conditions detrimental to her health.  She alleged that the defendant promised to make some improvements regarding her involuntary exposure to secondhand tobacco smoke at work but never did so and that the company violated a state statute that requires an employer to provide nonsmoking areas.  The defendant claimed that the suit was barred by the exclusivity provisions of the workers’ compensation statute.  A Superior Court judge agreed, dismissing the suit, noting that “an alleged violation by the employer of the statute concerning smoking in the workplace does not constitute an exception to the exclusivity provision of the Workers’ Compensation Act.”

1993 Conn. Super. LEXIS 2142, 1993 WL 328063, (Connecticut Superior Court, Stamford/Norwalk Division, 1993).