I am not a lawyer, but I've had several workman's comp claims plus a great deal of surgery. First of all, what does the smoking have to do with the ankle? Is the ankle surgery the workman's comp claim? If you were hurt at work, and the smoking did not CAUSE the injury, I don't see why the claim would be denied because of the smoking. Workman's comp is exactly that--compensation for an injury sustained at work. Smoking is a health issue--not an injury; therefore, one should not affect the other. Stay focused on what caused the injury at work.