Plaintiff’s exposure to mold caused his illness – disability approved by NC Court of Appeals

STEVE R. JONES, Employee, Plaintiff, v. STEVE JONES AUTO GROUP, Employer, and UNIVERSAL UNDERWRITERS GROUP, Carrier, Defendants. Court of Appeals of North Carolina. Filed November 3, 2009

Dr. Thornton opined that Plaintiff’s prolonged exposure to the combination of stachybotrys, aspergillus, and penicillium “perpetuated and established in [Plaintiff] an immunologic state that perpetuated a very serious illness” and that Plaintiff’s symptoms and problems “were significantly aggravated if not caused completely” by his exposure to mold in the workplace. Dr. Thornton explained that while “there is not a specific medical test that would clearly demonstrate definitively” that Plaintiff’s exposure to mold caused his illness, based on “the constellation of . . . [Plaintiff's] symptoms, the time course of their onset, [and Plaintiff's] response to therapy[,]” he felt strongly that Plaintiff’s illness was caused by his exposure to mold in his workplace. Thus, contrary to Defendants’ contention, Dr. Thornton’s opinion is not based solely “on the temporal relationship between discovery of mold [in] [P]laintiff’s office and the onset of [P]laintiff’s symptoms.”

We conclude that the testimony of Dr. Thornton and Dr. Kussin is competent evidence to support the Commission’s findings of fact that Plaintiff’s exposure to mold at his place of work caused his illness. This Court is thus bound by these findings. Gilberto, 152 N.C. App. at 118, 566 S.E.2d at 792.