Fla. Appellate Court Imposes Statutory Mold Standard in Vacating Benefits

TALLAHASSEE, Fla. - A Florida appeals court has vacated a disability award for a construction supervisor whose severe lung disease was linked to on-the-job mold exposure because her expert's causation testimony did not meet the "clear and convincing" standard set by statute. Altman Contractors, et al. v. Gibson, No. 1D10-3008 (Fla. Ct. App., 1st Dist.).

In its per curiam majority opinion, the First District Court of Appeal on April 29 reversed an order by Florida's Judge of Compenassation Claims that found the injury to Dynelle Gibson compensable.

Gibson sought benefits from her employer, Altman Contractors and its insurer, North River …