Workers' Compensation Carrier Held Liable for Moisture and Biohazardous Fungus Damage

ALBANY, N.Y. - In a Nov. 8 decision, a New York appellate court affirmed a lower court's ruling that a contractor's workers' compensation carrier was responsible for repairing moisture and mold damage that was caused by the negligent installation of a whirlpool installed to relieve a workers' comp claimant's back problems. Mitchell A. Young v. Ceramic Tire Contractors, et al., No. 88224 (N.Y. App. Div., 3rd Dept.).

This decision upholds an April 27, 2000, determination by the Workers' Compensation Law Judge that the carrier was liable for necessary repairs to claimant's home, including the clean-up of the 'biohazard.'

In December …