Legal Opinion · Dissent

ALTMAN CONTRACTORS v. Gibson

District Court of Appeal of Florida

Decided April 29, 2011No. 1D10-3008Published

1DissentWolf, J.

The substantial medical and lay evidence presented in this case, accepted as credible by the JCC, supports the JCC’s determination that the mold exposure injury was compensable. Accordingly, I dissent.

The evidence found credible by the JCC established that Claimant, a construction supervisor, encountered hairy and protruding mold in an indoor work environment on a regular basis and was charged with the duty of inspecting and reporting the mold incursion to the Employer. At one point, a substance visually identified as mold by Claimant and treated as such by the Employer was found on wet…

2Cases cited5 opinions

  1. Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
  2. Pierre v. Handi Van, Inc.District Court of Appeal of Florida · 1998
  3. McKesson Drug Co. v. WilliamsDistrict Court of Appeal of Florida · 1998
  4. Century Properties, Inc. v. MacHtingerDistrict Court of Appeal of Florida · 1984
  5. Matrix Employee Leasing v. PierceDistrict Court of Appeal of Florida · 2008

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