N.Y. 3rd Awards Retiree Benefits

The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that a retired claimant is entitled to continuing benefits even though post-retirement employment is not sought. In Leeber v. Lilco, No. 99053, 05/18/2006, Frederick Leeber was employed as a maintenance supervisor for Lilco for many years. During the term of his employment, Leeber was exposed to asbestos, which causes asbestos-related pleural disease. Leeber retired at age 55 due to his asbestos-related disease. Leeber did not seek work after his retirement. The Workers' Compensation Law Judge (WC...