More Difficulty For Those Making Injury Claims Due To Mold
In a case that makes it more difficult to recover workers' compensation due to mold exposure, the First District Court of Appeals held that the claimant has to establish the level of mold to which the claimant was exposed. In Altman Contractors v. Gibson, 36 Fla. L. Weekly D909, 1st DCA 2011, the court held that Florida Statute Section 440.02(1) required the claimant to establish the level of mold to which the claimant was exposed in the workplace.
This means that the attorney or injured person should send a letter to the employer saying, "Please save the area of mold or mildew causing my breathing/allergic condition or allow me to take a mold measurement before you alter the area." No determination has been made by the court as to what would occur where the mold had been remedied and the employer had not saved the mold for measurement as requested in writing by the employee. Therefore it should be argued that if the employer destroyed mold evidence in disregard of the employee's written request, then this would preclude the applicability of Section 440.02(1) and allow the claim for medical benefits for mold exposure. This is under the same theory as the spoliation of evidence and will require a court ruling for further clarification