October 19, 2018

Gary Schloss, Esq. appeared before the Florida First District Court of Appeal for oral argument on August 21, 2018. Instead of being conducted at the First DCA courthouse in Tallahassee, oral arguments were heard before an audience at the annual Workers’ Compensation Educational Conference in Orlando, Florida. Mr. Schloss had handled the underlying case and also appeared on behalf of the appellant, Indian River County School Board. There were three issues on appeal in the matter of School District of Indian River County, et al. vs. Edward Cruce, et al. as follows:

POINT I The JCC erred as a matter of law in finding, pursuant to Section 440.02(1), Florida Statutes (2015), that the Claimant met their burden of proof by clear and convincing evidence that the Claimant’s injury was a result of exposure to fungus at work.

POINT II Notwithstanding the JCC’s finding that proof of the levels of exposure is not required in the instant case, the JCC’s other findings that the Claimant presented clear and convincing evidence that his exposure to cryptococcus neoformans is work related is not based on competent substantial evidence.

POINT III The JCC erred in finding the Claimant entitled to death benefits, payment of medical bills, prescription bills, payment of hospital bills, payment of mileage bills, funeral expenses, TTD/TPD benefits, penalties, interest, attorney fees and costs.
The First DCA has not yet issued its ruling in this matter.