Legal Opinion
Mistofsky v. Consolidated Edison Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2009PublishedCited by 4 opinions
1Opinion of the CourtCardona, P.J.
Claimant began working for the employer in 1950 and, in the course of his duties, was exposed at various times to asbestos. In 1994, claimant was terminated from his employment for misconduct but his employment was reinstated as the result of an arbitrator’s ruling. Thereafter, claimant testified that he stopped working for the employer in June 1996 due to breathing problems1 and began working for a different employer on a part-time basis as a messenger at a reduced hourly wage. Claimant filed a claim for workers’ compensation benefits in November 1996 asserting that he contracted asbestosis…
2Cases cited5 opinions
- Pittman v. ABM Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Claim of Pepe v. City & SuburbanAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Harchar v. Sarkisian Bros.Appellate Division of the Supreme Court of the State of New York · 2008
- Cipriano v. Onondaga County CorrectionsAppellate Division of the Supreme Court of the State of New York · 2009
- Claim of Zimmerman v. Quality InnAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by4 opinions
- Claim of Brennan v. Village of Johnson CityAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Brennan v. Village of Johnson CityAppellate Division of the Supreme Court of the State of New York · 2012
- Claim of Swanko v. Darlind ConstructionAppellate Division of the Supreme Court of the State of New York · 2013
- Claim of Swanko v. Darlind ConstructionAppellate Division of the Supreme Court of the State of New York · 2013