***image1***Company settles toxic mold claim.
John Lamenzo won't be putting mushrooms on his garden burger any time soon. But perhaps the former corporate controller at the National Guaranty Insurance Company can at least eat in peace now that his worker's compensation grievance has been settled.
The 60-year-old Lamenzo had been embroiled in controversy [Cover story, June 22:
] ever since filing a worker's comp claim in March that alleged he had developed a serious respiratory condition due to pervasive amounts of toxic mold at his workplace.
Lamenzo's claim was initially denied when New Mexico Mutual Casualty-the insurer of NGIC-cited lack of proof that Lamenzo contracted his illness from mold contained within the NGIC building. The case went to mediation June 22 under the supervision of Worker's Compensation Administration mediator Joseph Baca.
Lamenzo says an "equitable and fair" settlement was reached with NMMC-represented in the mediation by claims manager Tony Gutierrez and attorney David Skinner-which averts a showdown in court.
"A resolution was reached," Gutierrez says. "It was a disputed settlement, which means neither side admits that this was a comprehensible claim. Obviously it's a thorny issue. We have to work within the law and individuals like Mr. Lamenzo feel their position is valid as well. These are difficult claims to handle."
Under the terms of the agreement, the specifics of the settlement will remain confidential, though Lamenzo had previously reported he was seeking approximately $5,000 in lost wages in addition to medical costs. But Lamenzo insists the precedent his case sets is more important than the compensation.
"It is indeed a very positive sign that the State of New Mexico is willing to provide assistance to workers who have no other recourse to obtain justice," Lamenzo says in a prepared statement. "It should be duly noted that this is not only a personal victory, but also a victory for all workers and tenants who have encountered debilitating health effects of toxic mold."
Since his claim was publicized, Lamenzo says he has been inundated with calls, e-mails and letters from people who have been affected by mold-related illnesses across the country.
"Many people have contacted me with their own horror stories about the illnesses that they have endured without obtaining justice," Lamenzo says. "Now is the time to change this atmosphere of denial and obfuscation…It is time to lobby our legislators and administrators to change the ambivalent attitude to this toxic substance."
