Appeals Court Resists Rewriting Statutory Language to Achieve Public Policy Goal Regarding the 'Insidious' Toxic Mold Problem

LOS ANGELES - On Feb. 3, a California appeals court affirmed that the appellant in a mold-related case did not fulfill the conditions necessary to demonstrate fraudulent concealment, making workers' compensation her exclusive remedy. Darcy M. Jensen, Plaintiff and Appellant, v. Amgen, Inc., Defendant and Respondent, No. 2d Civil No. B153798 (Calif. Ct. App., 2nd App. Dist., Div. Six).

In response to the appellant's contention that the law should allow a tort remedy in cases where toxic mold in the cause of the workplace injury due to its "insidious" nature that is "uniquely susceptible to concealment," the appeals court …