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Claimant, suffering from a permanent partial disability due to occupational disease from asbestos exposure, chronic bronchitis, and COPD, voluntarily retired at age 69. A Workers' Compensation Law Judge initially denied benefits, concluding his retirement was unrelated to his disability. However, the Workers' Compensation Board reversed this decision, finding that the claimant had demonstrated an attachment to the labor market by actively seeking employment within his medical restrictions. This Appellate Division appeal by the self-insured employer and its third-party administrator resulted in the affirmation of the Board's decision, citing substantial evidence supporting the claimant's demonstrated attachment to the labor market despite limiting his job search to his prior field.
Claim of Cole v. Consolidated Edison Co. of N.Y., Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Claimant, suffering from a permanent partial disability due to occupational disease from asbestos exposure, chronic bronchitis, and COPD, voluntarily retired at age 69. A Workers' Compensation Law Judge initially denied benefits, concluding his retirement was unrelated to his disability. However, the Workers' Compensation Board reversed this decision, finding that the claimant had demonstrated an attachment to the labor market by actively seeking employment within his medical restrictions. This Appellate Division appeal by the self-insured employer and its third-party administrator resulted in the affirmation of the Board's decision, citing substantial evidence supporting the claimant's demonstrated attachment to the labor market despite limiting his job search to his prior field.
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