Claim of Torchiano v. Consolidated Edison Co. of New York, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed May 18, 2005, which, inter alia, ruled that claimant did not voluntarily withdraw from the labor market.

Claimant was exposed to asbestos during the 33 years he worked for the employer. In May 1999, claimant filed for workers’ compensation benefits alleging asbestosis and chronic lung disease. Shortly thereafter, claimant notified the employer that he would retire effective July 1, 1999. Following a hearing, claimant’s disability due to occupational disease for asbestosis and asbestos-related pleural disease was established and,…