Man with Asbestos-Related Disability Did Not Retire Voluntarily, Court Holds

ALBANY, N.Y. - A New York appeals court has held that there is enough evidence to support the finding that an asbestos-related disability was a contributing factor in a New York man's decision to retire, and that he did not voluntarily remove himself from his work environment. De Simone v. Consolidated Edison, et al., No. 93459 (N.Y. Sup. Ct, App. Div., Third Dept.).

The Oct. 23 decision by the Third Department Appellate Division of the New York Supreme Court came after Andrew De Simone's employer of 33 years appealed a Worker's Compensation Board ruling that awarded benefits to the former …