Appellate Division of the Supreme Court of the State of New York June 21, 2007 (Claim of Dupont v. Wolf, Haldenstein, Adler, Freeman & Herz)

Kane, J.

Appeal from a decision of the Workers' Compensation Board, filed July 19, 2005, which, inter alia, ruled that claimant did not sustain an accidental injury in the course of her employment and denied her claim for workers’ compensation benefits.

Claimant sought workers’ compensation benefits alleging various respiratory problems after being exposed to second-hand smoke at her workplace.