Claim of Smith v. Consolidated Edison Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
In the course of his employment with Consolidated Edison Company of New York, Inc., claimant was exposed to dust while working in lower Manhattan following the terrorist attacks of September 11, 2001. While claimant was subsequently diagnosed with reactive airway disease and his claim for workers’ compensation benefits was established in 2004, he sustained no compensable lost time and continued to work until he retired on February 1, 2007. At that time, hearings on his claim for workers’ compensation benefits were held and a Workers’ Compensation Law Judge determined that claimant was not…
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