Hyman ROSENFELD, Appellant, v. DEPARTMENT OF the ARMY, Agency, U.S. Army, Aberdeen, Maryland, Appellee

WILKINSON, Circuit Judge:

The sole issue presented in this appeal is whether a determination by the Civil Service Commission that a federal employee is disabled should be granted collateral estoppel effect in a subsequent action brought by the employee to challenge his involuntary retirement under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. (1982). We hold that 5 U.S.C. § 8347(c) (1982), limiting the reviewability of administrative disability findings on direct appeal, does not prevent a de novo judicial resolution of the reason for plaintiff’s involuntary…