a Townsend, Mycotoxicoses, Social Security Disability

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Date: 7 October 2009

Social Security Judge Awards Benefits for Mold-Related Disability

Related Document: _Decision - MOL-0910-04_

(http://www.harrismartin.com/pdfs/MOL-0910-04.pdf) (PDF format)

Related Document: _Complaint - MOL-0910-05_

(http://www.harrismartin.com/pdfs/MOL-0910-05.pdf) (PDF format)

TUCSON, Ariz. — A Social Security Administration judge has granted a

claimant’s request for disability benefits for mold-related injuries,

accepting

medical testimony linking physical and cognitive impairments to mold

exposure. In the Case of a M. Townsend, No. Unavailable (SSA Off. of

Disability Adj. and Rev.).

Administrative Law Judge Milan M. Dostal said in a written ruling dated

Oct. 7 that a Marie Townsend has moderate impairments that make it

impossible to work and is entitled to benefits dating to her exposure to mold

at a temporary work residence in the U.S. Virgin Islands in 2007.

Townsend maintains that she suffers from debilitating injuries from

exposure to mold at a contaminated residence provided by her employer while she

was temporarily assigned as a retail sales manager to the U.S. Virgin

Islands in 2007.

Since that exposure, Townsend has sought treatment for fatigue, memory

loss, hypersensitivity to chemicals and other symptoms, and claimed that she

was unable to work.

R. Gray, M.D., who first treated Townsend in 2007, testified that

she suffers from mixed mold mycotoxicosis with features of encephalopathy

and immune toxicity,†Judge Dostal said in his ruling.

The judge credited a neurobehavioral assessment by B. Crago, Ph.D.,

who found “symptoms of depression and anxiety secondary to health problems,

†as well as unspecified cognitive disorder.

“The claimant’s disability is supported by medical signs and findings,â€

Judge Dostal wrote. “The record establishes the claimant’s exposure to mold

while working and living in the U.S. Virgin Islands in February 2007. A

mycotoxin report from May 2007 showed 2.56 ppb of trichothecenes. In June

2007, the claimant was found to have hyperreactivity to fungi and had been

colonized. Symptoms included excessive fatigue and cognitive deficits.â€

Judge Dostal noted medical testimony that Townsend’s symptoms have

improved and recommended a disability review be conducted in 12 months.

Meghan M. of Tucson represented Townsend in her Social Security

Administration claim.

Townsend is also pursuing a civil action in the U.S. Virgin Islands

against her former employer, L S Holdings Inc. (Townsend, et al. v. L S

Holdings

Inc., et al., No. 3:08-cv-00129 (D. Virgin Islands).

That action was filed in the Superior Court of the Virgin Islands in

September 2008 against LS Holdings Inc. (d/b/a Little Switzerland), Equivest

St.

Inc., owner of the Bluebeards Castle hotel and resort; Fairfield

Resorts Inc.; Leonard Caiger, the owner of the housing unit loaned to

Townsend; various Does ; and an unnamed homeowners’ association.

Defendants removed the case to the U.S. District Court for the Virgin

Islands, Division of St. and St. , based on Equivest St. ’

bankruptcy petition.

Townsend has since dropped her claims against Equivest, however, and the

federal court has asked for briefing on jurisdiction.

ph J. Mingolla of St. , V.I., represents Townsend in her civil

action.

Chad C. Messier of St. represents Equivest St. and Fairfield

Resorts.

Documents Are Available

Call (800) 496-4319 or

Search www.harrismartin.com

SSA Decision Ref# MOL-0910-04

Virgin Islands Complaint Ref# MOL-0910-05

Sharon Noonan Kramer