Legal Opinion
Claim of De Simone v. Consolidated Edison Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 2003PublishedCited by 9 opinions
1Opinion of the CourtMugglin, J.
Appeal from a decision of the Workers’ Compensation Board, filed May 6, 2002, which ruled that claimant did not voluntarily withdraw from the labor market.
Claimant was exposed to asbestos during a majority of his 33-year career with the employer. In the course of a medical evaluation conducted by the employer in 1996, he was diagnosed with an asbestos-related disability. By July 2000, claimant had been diagnosed as suffering from a severe, permanent disability resulting from occupational pulmonary asbestos and asbestos-related pleural disease. Claimant continued to work until May 2001, when…
2Cases cited4 opinions
- Claim of Beehm v. Educational Opportunity CenterAppellate Division of the Supreme Court of the State of New York · 2000
- Claim of Elwood v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Claim of Lombardo v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Claim of Braswell v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by9 opinions
- Pittman v. ABM Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Claim of Yannucci v. Consolidated FreightwaysAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Pepe v. City & SuburbanAppellate Division of the Supreme Court of the State of New York · 2006
- Bryant v. New York Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Trank v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
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