Claim of Curtis v. Dale Pipery Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 29, 2000, which ruled that claimant voluntarily withdrew from the labor market and denied his claim for workers’ compensation benefits.
From 1980 until late 1990 or early 1991, claimant worked as a steamfitter and his duties included, inter alia, removing asbestos insulation from old piping. He retired at the age of 62 and began collecting Social Security benefits. In late 1994, claimant was diagnosed with asbestosis prompting him to file a claim for workers’ compensation benefits in July 1995. Following a hearing before…
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