Teacher's Mold Claim Remitted To WC Board Regarding Whether Accidental Injury Is Compensable

ALBANY, N.Y. - According to a Dec. 19 opinion, the Appellate Division of the Supreme Court of New York agreed that a teacher's mold-exposure injury is not an occupational disease, but remitted the case to the Workers' Compensation Board to resolve the issue of whether her injury may, nevertheless, be compensable due to her exposure to tainted air. In the Matter of the Claim of Susan G. Martin, Appellant, v. Fulton City School District and Workers' Compensation Board, Respondents, No. 92012 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The Supreme Court reversed a Workers' Compensation Board decision finding that since …