ConEd Retiree Wasn't Forced Out of Work by Pleural Disease, Appeals Court Holds

ALBANY, N.Y. - A New York appeals court has affirmed a decision denying workers' compensation benefits to a former laborer who was diagnosed with pleural thickening shortly before retiring. Milby v. Consolidated Edison, No. 92762 (N.Y. Sup. Ct., App. Div., Third Dept.).

According to an April 10 decision from the New York Supreme Court, Appellate Division, Third Judicial District, Edwin Milby Jr. wasn't entitled to receive the benefits because he voluntarily withdrew from the labor market, as opposed to being forced to leave as a result of his disability.

Milby began working for Consolidated Edison in 1962 as a laborer …