Appeal of Lockheed Martin Corp. (New Hampshire Supreme Court)

The New Hampshire Compensation Appeals Board ruled that an employee’s employment aggravated the symptoms of her preexisting condition, so-called "multiple chemical sensitivity syndrome," despite the fact that there was no evidence that the job either caused her condition or exposed her to chemicals. The only workplace cause for the aggravation was that the employee was "surrounded by the eleven women co-workers, some wearing fragrances." NELF filed an amicus brief on behalf of the Business and Industry Association of New Hampshire and itself, arguing that an employee who is unable to work in a normal work environment due to a preexisting, non work-related condition is not entitled to recover worker’s compensation benefits. If the Board’s decision is upheld, worker’s compensation costs would skyrocket, to the detriment of employers, employees and consumers alike. The New Hampshire Supreme Court issued a decision in December 2001 agreeing with NELF's position, and finding that worker's compensation benefits did not apply in this case.