01-09-09
A-6414-06T1
The alleged aggravation of an employee's pre-existing COPD caused by inhaling perfume sprayed into the air by a co-employee satisfies the "arising out of" employment criterion of N.J.S.A. 34:15-7 and is compensable. We rejected the judge of
compensation's conclusion that the COPD fell into the category of a proclivity of the employee, the aggravation of which while in the course of employment did not arise out of the employment.
