Claim of Gowdey v. Newburgh City School District

—Appeal from a decision of the Workers’ Compensation Board, filed June 3, 1997, which ruled that claimant voluntarily withdrew from the labor market and denied his claim for workers’ compensation benefits.

Claimant, a custodian, sustained a work-related back injury on April 30, 1985 and returned to work on May 7, 1985. Seven years later at the age of 62, claimant retired upon vesting for his pension. Notwithstanding the undisputed fact that claimant has a continuing partial medical disability, the Workers’ Compensation Board denied claimant’s subsequent application for compensable lost time…