Legal Opinion
Claim of Pontillo v. Consolidated Edison of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2017No. 523073PublishedCited by 4 opinions
1Opinion of the Court
Egan Jr., J.P.
Appeal from a decision of the Workers’ Compensation Board, filed August 25, 2015, which ruled, among other things, that claimant was entitled to wage replacement benefits due to his reattachment to the labor market.
Claimant established a claim for pulmonary fibrosis and lung cancer due to exposure to asbestos while working for Consolidated Edison of New York, Inc. Thereafter, Consolidated Edison provided claimant with a light-duty position, at which claimant worked for two days before he retired, thereby voluntarily withdrawing from the labor market. A hearing was subsequently…
2Cases cited3 opinions
- Claim of Fisher v. Bothar ConstructionAppellate Division of the Supreme Court of the State of New York · 2008
- Claim of Smith v. Consolidated Edison Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Claim of Tucker v. Fort Hudson Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Matter of Profeta v. Edward J. Bosti Elementary Sch., Connetquot Cent. Sch. Dist. of IslipAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of Hamill v. Orange County Sheriff's Dept.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Figueroa v. Consolidated Edison Co. of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2019
- Matter of Usewicz v. Nozbestos Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2021