Aug 19, 2008 4:53 pm US/Eastern
Arroyo Given 48 Hours To Prove He Can't Work
BOSTON (WBZ) ―
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Albert Arroyo, 46, reported that he fell down some stairs in the Jamaica Plain firehouse on March 21 and reinjured an old back problem.
WBZ
Bodybuilding firefighter Albert Arroyo will have 48 hours to present medical documentation that states he cannot work for the Boston Fire Department, said Steve MacDonald, a spokesman for the department.
Arroyo, 46, was fired earlier this month for defying an order to return to work. He appealed that decision at Tuesday's hearing. According to MacDonald, Arroyo is still not a member of the Boston Fire Department and he is still not being paid.
Arroyo was declared permanently disabled earlier this year, making him eligible for a disability pension. Two weeks later, he competed in a bodybuilding competition. He collected his full $68,000 annual salary tax free for several weeks before video from that competition surfaced.
Arroyo's lawyer, Neil Osborne, said after the hearing that his client has done nothing wrong. "All Mr. Arroyo did was attempt to get better," he said.
Osborne said Arroyo consulted with a personal trainer to help his back injury. Osborne would not elaborate on what is wrong with Arroyo's back, and he would not answer whether or not his client would be returning to work as an inspector for the fire department. "Based on the video, the commissioner thought Arroyo was well enough to perform inspections – that's why he ordered him back to work," MacDonald said.
The commissioner still believes Arroyo is well enough to work, according to MacDonald, but is allowing Arroyo and his lawyer to present documentation that they believe will prove otherwise.
Osborn insists his client is not at fault. During Tuesday's news conference, he repeatedly told reporters that Arroyo was doing everything he could to get better. "The activity that Arroyo chose to do was bodybuilding."
The Boston Retirement Board rejected the disability pension application filed by Arroyo, who refused to return to work. Arroyo plans to resubmit his application.
Osborn told WBZ Radio Arroyo can be disabled and still compete as a bodybuilder. Osborn also said Arroyo has a second medical opinion that will support his claim that he can't work. "He can't report to work when his last doctor who examined him says 'You know you can't go back to work because of your disability."
"The fire department then says 'We want you to come back to work,' based on nothing other than seeing a videotape of him being a bodybuilder without any examination."
The Boston Fire Department said Arroyo's case is a "voluntary separation," something he disputes.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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