MATTER OF WEST v. CONSOLIDATED EDISON


300 A.D.2d 900 (2002)

752 N.Y.S.2d 132

In the Matter of the Claim of BARBARA WEST, Appellant, v. CONSOLIDATED EDISON et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 19, 2002.


Lahtinen, J.

Claimant was employed by Consolidated Edison in various capacities including those of custodian, mechanic and mailroom worker. After 24 years, she retired in December 1997 at the age of 62 without any indication to her employer that her retirement was due to a job-related disability. In February 2000, pulmonologist Ira Gould diagnosed claimant as suffering from several lung-related ailments including occupational asbestosis, a disease which Gould opined...

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