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Court Overturns Award for Worker With Lung Injuries

By WorkCompCentral

Wednesday, December 20, 2017 | 1142 | 0 | 0 min read

A New York appellate court overturned an award of benefits to a worker with asbestos-related lung injuries, finding he had failed to prove his condition had caused him a loss of earning capacity after he decided to end his retirement and re-enter the labor market. Case: Pontillo v. Consolidated Edison of New York, No. 523073, 12/14/2017, published. Facts and procedural history: Robert Pontillo established a workers’ compensation claim for pulmonary fibrosis and lung cancer due to his exposure to asbestos while working for Consolidated Edison of New York. Edison provided Pontillo with ...

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