Legal Opinion
Claim of Tipping v. National Surface Cleaning Management, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2006PublishedCited by 14 opinions
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed May 5, 2005, which ruled that claimant voluntarily withdrew from the labor market and denied his claim for workers’ compensation benefits.
The Workers’ Compensation Board found that claimant suffers occupational asbestos-related pleural disease, he has a permanent partial disability, this disability was a factor contributing to his early retirement with a reduced pension at the age of 55, and his withdrawal from the workforce at that time was therefore involuntary. These findings are not in dispute. Despite the Board’s…
2Cases cited3 opinions
- Pittman v. ABM Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Claim of Jiminez v. WaldbaumsAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Leeber v. LILCOAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by14 opinions
- Burns v. VarrialeNew York Court of Appeals · 2007
- Zamora v. New York Neurologic AssociatesNew York Court of Appeals · 2012
- Claim of Peck v. James Square Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Kucuk v. Hickey Freeman Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Claim of Leeber v. LILCOAppellate Division of the Supreme Court of the State of New York · 2006
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