Court Overturns Award for Worker With Lung Injuries

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 ...