The Connecticut Supreme Court has ruled that a laborer's lung damage from smoking can be segregated from respiratory problems caused by asbestos work, and his workers' comp award reduced by the portion of his ailment caused by cigarettes. "For the court to judicially create this apportionment where none had been before really caught the attention of a lot of people," said an attorney who co-authored an amicus brief in the case. "We saw this as more than a slippery slope -- this was a runaway train."
Workers' Comp Award in Asbestos Case Reduced to Account for Cigarette Usage
The Connecticut Law Tribune
August 14, 2008