Court of Appeals Says Asbestos Exposure Alone Doesn't Constitute 'Injury'

TALLAHASSEE, Fla. - A Florida Court of Appeals has overturned an award of medical monitoring benefits to a former utility worker exposed to asbestos because his claim did not fall into the state's definition of an 'injury.' Florida Power Corporation and RSKCO v. Brown, No. 1D 02-3894 (Fla. Ct. App., First Dist.).

According to the Nov. 21 decision from the First District Court of Appeals, Plaintiff Thomas Brown's alleged exposure to asbestos does not constitute a compensable occupational disease under Florida law because Brown has never established that he was disabled as a result of the exposure.

A workers' compensation …