IN THE MATTER OF CLAIM OF TIPPING v. NATIONAL SURFACE CLEANING MANAGEMENT, INC.


29 A.D.3d 1200 (2006)

816 N.Y.S.2d 202

In the Matter of the Claim of JAMES TIPPING, Appellant, v. NATIONAL SURFACE CLEANING MANAGEMENT, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

May 18, 2006.


Rose, J.

The Workers' Compensation Board found that claimant suffers occupational asbestos-related pleural disease, he has a permanent partial disability, this disability was a factor contributing to his early retirement with a reduced pension at the age of 55, and his withdrawal from the workforce at that time was therefore involuntary. These findings are not in dispute. Despite the Board's recognition that claimant's retirement was involuntary, however, it concluded...

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