A high school teacher can’t collect workers’ compensation benefits for respiratory issues she claimed to have developed while exposed to black mold in her classroom.
The West Virginia Supreme Court affirmed a decision from the state’s Workers’ Compensation Commission denying the teacher’s claim. The commission had ruled that she failed to connect her condition to her job despite the documented presence of black mold in her work area.
Black mold found in her classroom
Danielle Dexter was a high school teacher at Herbert Hoover High School. In August 2019, Dexter returned to work following the school’s summer break and noticed a lot of moisture and a strange smell in her classroom. Her students noticed the smell and moisture as well. She was later informed that a water pipe in her classroom had been leaking for two years resulting in the growth of mold.
Two weeks later, Dexter developed wheezing, nasal congestion, fatigue and difficulty breathing. Several kinds of mold were discovered in the floor and wall of her classroom, including back mold. Dexter had suffered seasonal allergies in the past but felt that her recent symptoms were different.
In September 2019, Dexter sought medical care for her continuing respiratory problems, reporting that she’d been exposed to black mold at work. She was diagnosed with acute bronchitis and acute sinusitis. One month later, she was examined by a specialist who diagnosed allergic rhinitis, asthmatic bronchitis, coughing, wheezing, exposure to mold and insomnia.
Elevated mold levels subside following cleaning
Meanwhile, Pinnacle Consultants was hired in September 2019 to conduct a mold assessment of Dexter’s classroom. An October 2, 2019 report based on the assessment noted:
- that there are no numerical standards for mold exposure because exposure affects people differently based on their immunologic susceptibility, and
- there is limited data concerning the relationship between the amount of mold exposure and reactions.
Ultimately, Pinnacle recommended a full cleaning of the classroom followed by more testing. The classroom was cleaned on Oct. 2, 2019 and re-tested on Oct. 3, 2019. The elevated mold levels had subsided and no further testing was required, according to Pinnacle.
In November 2019, Dexter underwent a pulmonary evaluation and was diagnosed with mold exposure, underlying asthma exacerbated by mold exposure and rhinitis. Her doctor recommended allergy testing. She returned to the doctor one month later for “treatment of chronic lung disease due to mold exposure.” However, her breath sounds were clear, and she was given prescriptions to treat asthma.
Record review reveals similar symptoms in her past
Dexter filed a workers’ compensation claim, which was rejected by a claims administrator on Nov. 21, 2019. The claims administrator had requested a medical record review that indicated that there was little evidence to support that Dexter’s symptoms were caused by her exposure to mold at work.
The review found that:
- Dexter suffered from similar symptoms as early as October 2016
- Dexter’s symptoms didn’t improve after her classroom had been thoroughly cleaned
- people are constantly exposed to mold throughout the day, and
- follow-up testing conducted at the school on Sept. 26, 2019 showed a higher spore count in the school parking lot than in Dexter’s classroom.
Based on this review, the claims administrator denied the claim. Dexter protested the decision.
On review, the Office of Judges found that while Dexter had been exposed to black mold at work, the evidence didn’t support that she suffered a new injury. The Office of Judges found that all of her symptoms predated the occupational exposure.
The Board of Review adopted the Office of Judges’ findings and affirmed the decision on Dec. 17, 2021.
She suffered same symptoms before, during, after exposure
On appeal with the West Virginia Supreme Court, Dexter argued that the Board of Review erred in its decision because she proved that her work-related mold exposure caused an exacerbation of her pre-existing condition.
The court disagreed with Dexter and affirmed the prior decisions to deny the claim.
While Dexter proved that she was exposed to black mold while in the course of her employment, the evidence didn’t support that this exposure caused her to develop a new injury, the court said.
Dexter’s medical records “clearly show that Dexter suffered from the same symptoms before, during, and after her exposure to black mold,” according to the court.
