Claim of Petermann v. Consolidated Edison

Crew III,

J. Appeal from a decision of the Workers’ Compensation Board, filed October 16, 2000, which ruled that claimant voluntarily withdrew from the labor market.

Three years after retiring at age 66 from his job as a supervisor, claimant filed a claim- for workers’ compensation benefits based upon work-related asbestosis. Noting claimant’s testimony that his decision to retire was not based upon the advice of a doctor and given the absence of any medical evidence of claimant’s incapacitation at the time he retired, the Workers’ Compensation Board concluded that claimant voluntarily withdrew…