State Immune from Employees' Mold-Related Personal Injury Claims Due to Workers' Compensation, Says Appeals Ct.

LAKELAND, Fla. - On Sept. 5, a Florida appeals court affirmed that the mold-related personal injury claims of state Department of Juvenile Justice employees are barred by the state's workers' compensation statute. Timothy McClanahan, et al. v. State of Florida, et al., No. 2D01-5769 (Fla. App. Ct., 2nd Dist.).

The employees had challenged an award of summary judgment to the state based on workers' compensation immunity, but the summary judgment was upheld by the appeals court, which ruled that although the evidence might support a conclusion that the defendants negligently exposed the employees to increased risk, the acts or omissions …