Workers' Compensation

Recent Posts

New York: Claimant Gets Second Chance at Establishing Aspergillosis Claim
Posted on 16 Jun 2019 by Thomas A. Robinson

A finding by the New York Workers’ Compensation Board that a worker had failed to establish his claim for an occupational disease in the form of allergic bronchopulmonary aspergillosis did not prevent the worker from subsequently establishing an... Read More

Louisiana: Office Worker’s Mold Exposure Does Not Qualify as Occupational Disease
Posted on 3 Aug 2018 by Thomas A. Robinson

A Louisiana appellate court affirmed a ruling by a workers’ compensation judge that the claimant, an office worker, had not suffered an occupational disease within the meaning of the state’s Workers’ Compensation Act related to her alleged... Read More

New York: Employee Fails to Establish Claim for Allergic Aspergillosis Due to Alleged Mold at Work
Posted on 9 Jan 2015 by Larson's Spotlight

A New York appellate court reversed a decision of the state’s Workers’ Compensation Board that concluded that an employee who worked for some 23 years at a garbage recycling and energy production facility had sustained an occupational disease... Read More

Missouri: No Benefits for Alleged Fume Exposure
Posted on 2 May 2012 by Martin Klug

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The... Read More

A River Runs Through It…… Not in this Little Ditty about Mold Exposure in Delaware
Posted on 1 Mar 2013 by Cassandra Roberts

Today's case comes courtesy of Bob Richter of Elzufon, Austin, Tarlov & Mondell. It is an occupational disease/toxic exposure case which went to the Board last summer and for which the Motion for re-Argument was denied in late November. I have... Read More

Missouri: No Benefits for Alleged Fume Exposure
Posted on 2 May 2012 by Martin Klug

Claimant lost his claim against the second injury fund when he failed to prove an accident that his alleged exposure to muriatic acid fumes caused a heart attack. Poarch v Treasurer of the State of Missouri , 2012 Mo. App. Lexis 592 (May 1, 2012). The... Read More

MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled
Posted on 9 Aug 2011 by Martin Klug

Claimant alleged he choked and sustained a myocardial infarction from noxious fumes after he sprayed an apartment bathroom on one occasion to remove mold. The claimant's expert attributed claimant's symptoms to muriatic acid fumes. The Commission... Read More