A New York appellate court upheld an earlier decision that said a college employee had suffered a 55% loss of wage-earning capacity after workplace exposure to mold and chemicals at the school.

Aurelio Castano worked for Westchester Community College as a technical assistant and part-time teacher. In June 2013 he filed a claim for workers’ comp benefits because of exposure to mold and chemicals. His claim was them established for mold exposure, reactive airway disease and fibromyalgia.

A physician performed an independent medical examination and found no evidence of pulmonary disease. Castano’s own physician, Eckardt Johanning, said the respiratory issues he had were controlled with medication and seemed to be improving. Johanning said his primary disabling condition was fibromyalgia which resulted in severe joint aches and muscle aches. Castano’s rheumatologist, Bruce Solitar, testified that he could not work in any capacity because of the chronic pain from his fibromyalgia.

Castano reported that he no longer drove a car and rarely left his home, though Solitar testified that he could drive occasionally. Johanning offered similar testimony that said although he had difficulty ambulating, he could perform his activities of daily living with either a cane or walker. He had a college education and had certifications in jewelry making as well as other skills.

A Workers’ Compensation judge classified him with permanent partial disability and a 78% loss of wage-earning capacity. It was found that he could do sedentary work. After reviewing all of the testimony presented a panel of the Workers’ Comp Board modified that decision and said he sustained a 55% loss of wage-earning capacity. They agreed that he could perform sedentary work.

His employer appealed but the appellate court affirmed. They said the Board had properly reviewed medical testimony and analyzed relevant factors and had properly determined his loss of wage-earning capacity. The Board was correct in considering the nature and degree of the work-related permanent impairment and his functional capabilities and vocational issues, like education level, training, skills and age.

Read the case here.