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The teacher can not sue for damage to mold contamination: court



A high school professional teacher in Tennessee can not sue his employer for $ 21 million for damages he claims he suffered as a result of mold exposure due to the exclusive action in the State Workers' Compensation Act, an appeals court ruled Wednesday. [19659002] Michael Upchurch alleged that mold contamination at Sullivan North High School in Kingsport, Tennessee, and his supervisor's denial that it existed "caused him to suffer long-term adverse health effects and emotional distress," according to documents in Michael Kevin Upchurch against Sullivan County Department of Education was filed in the Tennessee Court of Appeal in Knoxville.

When he sought emergency medical treatment in 201

8, he was diagnosed "with a weakened immune system, congestion around the heart and hyperinflated lungs from either a fungal or viral infection," the documents state. The school reported that mold tests did not show any contamination in the building, according to documents.

After leave from work, he returned to inform his supervisor of a "toxic black mold infestation" and said that he was "afraid to submit one (compensation for workers) because (he) was afraid of being blacklisted. "During that meeting, Upchurch testified that he reminded maintenance workers to 'destroy evidence and try to hide visible signs of the toxic black mold infection,'" documents say. in Greenville, South Carolina, which ruled that it had "average levels of toxic black mold," says document. disgusting and beyond comprehension as acceptable in any civilized society ". decided that the State's exclusive measure precluded the trial.

The Board of Appeal confirmed and wrote that "if we take the allegations of the complaint as true, as we must, we conclude that the damages alleged by Upchurch arose from and during the course and extent of his employment with SCDE" and agreed that "workers' Compensation law provides the exclusive remedy for his damages and prevents him from claiming compensation under tort law.


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