N.Y. 3rd Finds No Voluntary Withdrawal

The Third Judicial Department of the Appellate Division of the New York Supreme Court held that a retired claimant's failure to seek employment does not constitute a voluntary withdrawal from the labor market. In Tipping v. National Surface Cleaning Mgmt., No. 99068, 05/18/2006, James Tipping was exposed to asbestos and now has a permanent partial disability. Tipping retired with a reduced pension at the age of 55. Tipping's asbestos condition was a contributing factor to his decision to retire, and he did not seek work within his restrictions after his retirement. The Workers' Compensat...