Livermore v. Madison County Judge, 2014 Ark. App. 617

Livermore worked for Madison County Sheriff’s Office as secretary/jail administrator; basement mold from 2008 flood led to remediation and testing.
Remediation included mold removal, floors, paint, lowered ceilings, HVAC improvements, and final testing showing acceptable mold levels in January 2009.
Employees returned to basement but Livermore testified mold appeared again from August 2008 through June 2011; March–April 2011 flood occurred with May 2011 testing again showing acceptable levels.
Laurie McConnell testified the basement flooded again in April 2011; testing in May 2011 indicated acceptable mold levels, with notes about effervescence mistaken for mold.
ALJ found last injurious exposure to mold was no later than September 30, 2008, and Livermore did not file with the Commission until at least May 25, 2011; claim barred by Ark. Code Ann. § 11-9-702(2)(A).
Standard of review requires affirming if substantial evidence supports the Commission’s denial of relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of claim under statute	Livermore argues last injurious exposure occurred later (June 2011).	Glover argues last injurious exposure was October 2008, filing May 2011 is outside two-year limit.	Claim barred by statute of limitations; timely filing not shown.
Substantial evidence supporting last exposure finding	Livermore contends continued mold exposure after remediation.	Agency favored testing showing acceptable levels; Boyd's testing given little weight.	Substantial evidence supports the Commission's last exposure finding and timeliness ruling.

Martin Charcoal, Inc. v. Britt, 102 Ark. App. 252, 284 S.W.3d 91 (Ark. App. 2008) (establishes substantial-evidence standard for review)
Loar v. Cooper Tire & Rubber Co., 2014 Ark. App. 240 (Ark. App. 2014) (sets framework for reviewing denial of relief)