Fla. Court Reinstates Teacher's Claim Against School Board

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Fla. Court Reinstates Teacher’s Claim Against School Board

by www.harrismartin.com

Date: 3 March 2008

COURTROOM NEWS

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 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 and

reimbursement of medical expenses from the Osceola County School Board and the

Florida School Board Insurance Trust, contending that her illness was caused by

mold in her elementary school classroom.

She testified at her compensation hearing that she had no history of asthma

and that her respiratory illness, for which she sought treatment over two

years, was caused by the mold exposure.

Mold was found in her classroom, according to Fitzgerald.

The local school board granted benefits for “temporary aggravation of the

claimant’s pre-existing condition†up to Aug. 11, 2005, but denied further

coverage, holding that workplace exposure was not the primary cause of her

illness.

Dr. Jayanthi Ravi initially diagnosed Fitzgerald with severe allergies,

rhinitis and a mold allergy, and testified that the teacher’s illness could

be

attributed to mold exposure, the Court of Appeals said.

Dr. Jock Sneddon testified for the school board that Dr. Ravi’s test

results didn’t indicate asthma and that evidence for mold-related illness was

inconclusive.

The Court of Appeals said that the Judge of Compensation Claims appointed

an expert medical advisor, Dr. Haim, to examine Fitzgerald and offer

his own opinion to assist the court.

Dr. Haim testified that the diagnosis of asthmas was “somewhat

questionable,â€

but that most of Fitzgerald’s symptoms were “allergy-related,†the

court

noted.

He also testified that he could not be sure that mold exposure was

responsible for more than 50 percent of her symptoms and basis for treatment,

the

court said.

The compensation judge interpreted Dr. Haim’s testimony as concluding that

the major contributing cause was not workplace mold exposure, and that

interpretation was error, the Court of Appeals said.

“If the JCC misinterprets and EMA’s testimony to stand for a position that

the EMA did not actually adopt, reversal and remand is appropriate,†the

court explained.

Dr. Haim’s opinion “could have assisted the JCC in assessing both disputed

aspects of that claim: first, whether claimant, in fact, suffers from asthma

or another compensable respiratory condition, and second, if so, whether the

industrial exposure caused that condition for purposes of the workers’

compensation law,†the court said. “We conclude that the EMA offered

opinions

relevant to this two-pronged inquiry, but that ultimately he was inconclusive

about both issues.â€

That does not mean, however, that Fitzgerald is entitled to the benefits

she seeks, the court said.

“[A]lthough appellant correctly argues that the JCC’s misinterpretation of

Dr. Haim’s testimony constitutes a flaw in the final order, the bootstrapped

argument that such flaw is fatal and results automatically in a victory for

the claimant is not correct,†the court said, citing case law.

Maxwell of Vaughan & Maxwell in Orlando, Fla., and Bill McCabe of

Longwood, Fla., represent Fitzgerald.

Pamela J. and Jodi K. Mustoe of & Rouse in Maitland represent the

Osceola County School Board and the Florida School Board Insurance Trust.

Document Is Available

Call (800) 496-4319 or

Search www.harrismartin.com

Opinion Ref# MOL-0803-04

http://www.harrismartin.com/pdfs/article/Article9523.pdf

####

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