MATTER OF PETERMANN v. CONSOLIDATED EDISON


294 A.D.2d 723 (2002)

741 N.Y.S.2d 751

In the Matter of the Claim of WALTER R. PETERMANN, Appellant, v. CONSOLIDATED EDISON, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 16, 2002.


Crew III, J.

Three years after retiring at age 66 from his job as a supervisor, claimant filed a claim for workers' compensation benefits based upon work-related asbestosis. Noting claimant's testimony that his decision to retire was not based upon the advice of a doctor and given the absence of any medical evidence of claimant's incapacitation at the time he retired, the Workers' Compensation Board concluded that claimant voluntarily withdrew from the labor market...

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