Fla. Court Reinstates Teacher's Claim Against School Board

TALLAHASSEE, Fla. - A Florida appellate court has reinstated a teacher's claim for additional workers' compensation benefits after concluding that an administrative law judge rejected her claim based on a misinterpretation of an expert medical report. Fitzgerald v. Osceola County School Board, No. 1D07-0007 (Fla. Ct. App., 1st Dist.).

The 1st District Court of Appeal denied Nicole Fitzgerald's demand for judgment as a matter of law on Feb. 19 and remanded to the Judge of Compensation Claims for a new determination on whether Fitzgerald's asthma can be attributed to workplace exposure to mold.

Fitzgerald is seeking additional workers' compensation benefits …