Pennsylvania Court Finds Worker's Mold Injury Claims Are Time-Barred

HARRISBURG, Pa. - A Pennsylvania court on April 13 affirmed a decision made by a workers' compensation board to reverse a judge's ruling granting a woman's claim for compensation for injuries caused by mold exposure at work, finding that her claim was time-barred (Robyn Kochan v. Workers'...

Jury In Retrial Of Asbestos Case That Netted $322M Verdict Finds For Defense

RALEIGH, Miss. - A Mississippi judge on April 25 entered judgment on a defense verdict after a retrial in an asbestos case in which the plaintiffs initially netted a $322 million verdict (Thomas Brown Jr. v. Phillips 66, et al., No. 2006-196, Miss. Cir., Smith Co.). Subscribers may view the judgment...

Maine Court Reverses Interest Ruling In Asbestos Suit, Affirms Offset Rulings

PORTLAND, Maine - An employer does not owe interest on a payment for failing to properly respond to an employee's claim and may use the payment as an offset against an award for asbestos-related lung disease, but it may not receive an offset for the widow's death benefits, the Maine Supreme Judicial...

Federal Judge Finds Employees' Mold-Related Claims Fail Under OSHA

LINCOLN, Neb. - A Nebraska federal judge on May 31 granted judgment on the pleadings in favor of a landlord and its agent, finding that claims asserted by employees who alleged that they were exposed to mold at work failed under the Occupational Safety and Health Act (OSHA) (Stuart W. Freese, et al....

7th Circuit Finds State Department Did Not Retaliate For Health Complaints

CHICAGO - The Seventh Circuit U.S. Court of Appeals on July 23 affirmed an Illinois federal court's decision to grant summary judgment in favor of a state department, finding that a former employee failed to show that he was retaliated against for complaining about mold, water leaks and other conditions...

Federal Judge Finds Mold-Related Exposure Claims Are Barred By Res Judicata

KANSAS CITY, Mo. - A Missouri federal judge on Oct. 16 granted summary judgment in favor of a company, finding that a former employee's lawsuit was barred by res judicata because he previously entered a settlement that resolved all of his mold-related exposure claims ( Roger Mueller v. Woodmen of...

7th Circuit Affirms Dismissal Of Postal Worker's Mold-Related Exposure Claims

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Oct. 26 affirmed a federal district court's decision granting summary judgment in favor of the postmaster general of the U.S. Postal Service, finding that an employee failed to prove that he was retaliated and discriminated against in relation...

Court Affirms Dismissal Of Claims Alleging Mycotoxin Poisoning Against County

JACKSON, Tenn. - After finding that claims asserted by the daughters of a school custodian who alleged that mold exposure caused their mother's death were barred by the exclusive remedy provision of workers' compensation law, a Tennessee appeals court on Feb. 13 affirmed dismissal of their complaint...

Judge Reduces Verdict For Employee Made Ill By Mold Exposure

ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on March 22 refused a landlord's request for a new trial in relation to a verdict awarded to an employee of the Virgin Islands Bureau of Internal Revenue (VIBIR) who claimed that mold in a building where she worked made her ill, but the...

Federal Judge Dismisses Estoppel/Public Policy Claims Against Colorado Hotel

DENVER - A Colorado federal judge on April 17 granted summary judgment in favor of a hotel, finding that a former employee failed to show that his engineering position was terminated after he made complaints about mold and in violation of his employment contract (Guy Defazio v. Starwood Hotels &...

8th Circuit Affirms Summary Judgment Ruling For Medical Center

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 7 affirmed a trial court's decision to grant summary judgment for a medical center, finding that an employee who suffered from seizures at work was not qualified to perform her job (Andrea Olsen v. Capital Region Medical Center, et al.,...

Federal Judge Denies Judgment On Employees' Mold-Related Exposure Claims

ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on May 8 refused to grant summary judgment to a group of employees who alleged that they suffered injuries as a result of mold exposure at work, finding that they could not rely on a recent ruling in an associated case to support their negligence...

Texas Court Finds Teacher Failed To Show She Was Fired For Mold Complaints

HOUSTON - A Texas appeals court on July 16 affirmed a trial court's decision in favor of a school district in a suit filed by a former teacher who alleged that her job was terminated after she complained about mold, finding that the trial court did not abuse its discretion in refusing to submit certain...

Federal Judge Refuses To Reconsider Employees' Mold-Related Exposure Claims

ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on Aug. 1 refused to reconsider a decision that denied summary judgment in favor of a group of employees who alleged that they suffered injuries as a result of mold exposure at work, finding that they could not rely on a jury verdict in an associated...

Arizona Court Finds Employee's Mold-Related Claims Are Time-Barred

TUCSON, Ariz. - An Arizona appeals court on Aug. 23 affirmed a trial court's summary judgment ruling in favor of a health alliance, finding that a former employee's claim that she suffered injuries as a result of mold exposure at work were time-barred (Susan Wyckoff v. Mogollon Health Alliance...

7th Circuit Remands Defective Washer Actions For Review Of Subclasses

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 22 reinstated its decision to overturn a ruling by an Illinois federal court that denied certification of a class of claimants who allege that certain front-loading automatic washers cause mold growth (Larry Butler, et al. v. Sears, Roebuck...

Mississippi Court Finds Mold Claims Are Subject To Workers' Compensation

JACKSON, Miss. - After finding that claims asserted by law office employees who alleged that they were exposed to toxic mold were subject to workers' compensation law, a Mississippi court on Sept. 5 reversed a trial court ruling that denied their employer's motion to dismiss the case for failure...

Judge Finds Agency Did Not Fail To Accommodate Employee's Mold Allergies

WASHINGTON, D.C. - A District of Columbia federal judge on Oct. 30 granted an environmental agency's motion for judgment on claims asserted by a former employee, finding no evidence that the agency discriminated or retaliated against her in relation to her mold allergies (Connie K. Morris v. Lisa...

Pa. Top Court: Workers' Comp Exclusivity Doesn't Apply In Latent Disease Cases

HARRISBURG, Pa. - The exclusivity provision in Pennsylvania's workers' compensation act does not bar a tort action when the injury arises outside the act's 300-week limit for compensation, the state Supreme Court held Nov. 22 in a 5-1 opinion reinstating two asbestos actions (Kathleen Tooey...

N.C. Court Affirms Admission Of Experts Testifying On Their Area Of Expertise

RALEIGH, N.C. - A workers' compensation commission properly admitted the testimony of a veterinarian on the issue of animal studies in an asbestos-related esophageal cancer case, the North Carolina Court of Appeals held Dec. 3 (Paulette Smith Wise, executor of the estate of Harvey Smith v. Alcoa...