Courts Deny Permanent Benefits for Office Worker Claiming Mold-Related Illness

DES MOINES, Iowa - Iowa's Court of Appeals has affirmed a lower court decision to reject an office worker's claim that mold exposure was a significant causative factor in her chromic obstructive pulmonary disease. Larry K. Fox & Associates, et al. v. O'Brien, No. 0-960/10-1026 (Iowa Ct. App.).

The court on March 21 affirmed a decision by the Polk County (Iowa) District Court, which overturned a workers' compensation award of permanent disability benefits for claimant Mary Beth O'Brien.

O'Brien sought permanent disability benefits after being diagnosed with allergy induced asthma and/or COPD.

The Court of Appeals said that O'Brien smoked …