LexisNexis® Legal Newsroom
MO: Cleaning Bathroom Doesn’t Render Claimant Totally Disabled

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 denied benefits in the claim against the second...

Missouri: No Benefits for Alleged Fume Exposure

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 court rejected an argument that the commission must...

A River Runs Through It…… Not in this Little Ditty about Mold Exposure in Delaware

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 had my eye on this case, as I represented the claimant...

New York: Employee Fails to Establish Claim for Allergic Aspergillosis Due to Alleged Mold at Work

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 in the form of allergic bronchopulmonary aspergillosis...