An employee can collect workers’ compensation for exposure to vog that aggravates an asthma condition, the Hawaii Supreme Court ruled Thursday.

The Department of Education and the Labor Industrial Relations Appeals Board both denied a claim by Lynedon Van Ness.

But in a 51-page unanimous ruling, the high court held that worsening of the 54-year-old man’s asthma from the volcanic smog was related to his employment.

The high court sent the case back to the board to determine the amount of compensation for Van Ness.

"It’s been a long fight, and we’re glad with the outcome to date," said Van Ness’ lawyer, Wayne Mukaida.

Although the court recognized that exposure to vog can result in workers’ compensation, Mukaida said claimants still must need to establish the connection between the employment and injury.

"We disagree with the court’s analysis but accept the ruling," Attorney General David Louie said in an email statement.

"We also note that the case had unique facts and circumstances so that it is not necessarily applicable to employees and employers generally."

Van Ness worked as a technology coordinator at Lahainaluna High School from July 2005 to November 2006.

In denying his claim, the DOE said Van Ness did not have enough evidence to show that his exposure to vog, which was present throughout Maui, occurred only at the high school.

The board upheld the denial, saying Van Ness’ exposure to the vog was no greater than the exposure to the public.

"Rather, the vog was in the air, and the general public breathed the same air," the board said.

In the high court’s opinion written by Associate Justice Richard Pollack, the justices found that it was undisputed that Van Ness had pre-existing asthma and his exposure to vog aggravated the condition.

The court cited Van Ness’ testimony earlier that his condition worsened in late 2005 when there was evidence that the vog that comes from Hawaii island volcano activity was particularly severe on Maui.

Van Ness was living at an air-conditioned residence at Kihei, but his job of maintaining and repairing technical equipment for the entire 1,000-student campus located on a side of a mountain required him to repeatedly climb and go down stairs, according to the court.

During his seven- to eight-hour workdays on campus, Van Ness estimated he spent less than 5 percent of the time in his air-conditioned office, the court said.

The court noted that Van Ness explained it took "quite a bit of effort" and about 20 minutes for him to get to his office from the administration building.

When the vog was severe, Van Ness coughed and wheezed, felt a "sharp" and "stabbing pain" from coughing and caught a cold and contracted chronic bronchitis, according to the court’s opinion said.

The court said the "evidence overwhelmingly demonstrated that Van Ness’ exposure to vog at work, combined with the surrounding circumstances of his employment and his pre-existing condition, resulted in the exacerbation of his asthma."

"Thus, the aggravation of Van Ness’s asthma was causally connected to the ‘incidents or conditions’ of his employment," the court said.

The decision overturned a state appeals court ruling that had upheld the labor board’s denial.

Mukaida said it’s too early to say how much his client, who now lives on the mainland, will seek in compensation.