Workers’ compensation — Compensable accidents — Exposure to toxic substance — Fungus — Causation — Burden of proof — Order finding that employee’s injuries resulted from workplace exposure to toxic fungus is reversed — Judge of compensation claims erred in applying alternative theory of prolonged exposure to determine that claimant provided sufficient proof of workplace causation rather than the heightened standard of proof for toxic exposure claims under sections 440.02(1) and 440.09(1) — JCC erred in determining that quantifiable measurement of claimant’s exposure was immaterial because both parties’ experts were unequivocal that inhalation at any level, even one spore, was sufficient to cause claimant’s injury — The requirements of section 440.02(1) cannot be satisfied with evidence that only minimal exposure to a toxic substance can cause harm and that it is possible the toxic substance was present at the work site — Expert testimony that claimant “most likely” acquired fungus in the course and scope of employment, without more, was not sufficient to satisfy heightened evidentiary standard of section 440.09(1)
44 Fla. L. Weekly D2874a
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