Legal Opinion

Claim of O'Dell v. Consolidated Edison

Appellate Division of the Supreme Court of the State of New York

Decided November 30, 2006PublishedCited by 2 opinions

1Opinion of the Court

Crew III, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed June 22, 2005, which ruled that claimant’s retirement was not causally related to his disability and he is not entitled to postretirement lost wages.

Claimant underwent surgery for the removal of a benign mass from his right lung in 1995. According to claimant, he thereafter experienced certain breathing difficulties, prompting him to retire from Consolidated Edison in November 1996 after 43 years of service. In October 1999, claimant was diagnosed with, among other things, pulmonary asbestosis and asbestos-related…

2Cases cited2 opinions

  1. Bryant v. New York Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of Muno v. Consolidated EdisonAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Claim of Phillips v. Plainville Turkey Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  2. Connell v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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