N.Y. Court Reverses Order Making ConEd Solely Liable for Worker’s Lung Impairment

ALBANY, N.Y. — A New York appellate court has reversed the finding of a Workers’ Compensation panel that Consolidated Edison Inc. (NYSE: ED) was not entitled to reimbursement from a special industry fund for disabilities found to arise from pre-existing or multiple sources.

The New York Supreme Court Appellate Division, Third Department, ruled July 3 that the panel erred in rejecting testimony by a pulmonologist who conducted an independent examination of the employee and reported that his ailments pre-dated his assigned work at the World Trade Center site post-Sept. 11, 2001.

The dispute arose over a clam by Michael J. …