Texas Court Applies Wrong Standard, Ordered To Revisit Mold Exposure Case

AMARILLO, Texas - A Texas appellate court has vacated a trial court decision awarding benefits to a worker complaining of illness from mold exposure after both parties agreed the trial court applied the wrong standard. State Office of Risk Management v. Ledbetter, No. 07-03-0360 (Texas 7th App. Ct., Amarillo).

The 7th Court of Appeals agreed that the trial court applied an incorrect standard, awarding benefits to claimant/appellee Deborah Ledbetter under a 'substantial evidence' standard.

Because the issue was the compensability of Ledbetter's injuries, the court should have reviewed the case on a modified de novo basis under Texas Workers' …