Boston Area News

BOSTON (WBZ) ― A Revere fire fighter, who has not shown up to work at the fire department since last May, is still collecting a full paycheck from the city. Fire Lt. John Curley says he is too sick to work, however the WBZ I-Team found him running his own business.

Surveillance video shows Curley at his auto body repair shop, where we found him on a regular basis, too sick to work for the Revere Fire Department, but not too sick to clock in at his own business day after day.

When approached by the I-Team's Kathy Curran, Curley refused to comment, directing her to contact his attorney.

THE CITY RULES

Curley is being paid $1212.78 a week by the city of Revere. A general order by the city prohibits fire department members from earning any other compensation while on sick or injured leave, but Lt. Curley is doing just that - a few blocks down the road from the fire house. He's the owner of NC's Auto Body in Revere.

Revere Fire Chief Eugene Doherty said the city order prohibiting outside employment during injured leave "applies to all members of the department."

"In effect you're getting paid for a job you're not going to," Chief Doherty said.

"OUR HANDS ARE TIED"

We showed Revere Mayor Tom Ambrosino the proof on tape that Curley wasn't playing by the city's rules.

"I look at this and think he doesn't look permanently and totally disabled to me," Ambrosino said, "but unfortunately by contractual rights, civil service rights and state law, he has the right to make that claim."

"In this case in particular our hands are somewhat tied," Ambrosino added. "We did try in this case, very hard, to the point where we are subject to a claim for harassment and discrimination."

Lt. Curley filed a discrimination lawsuit against the city and the Fire Chief after the city assigned him to light duty in fire alarm dispatch while he recovered from a shoulder injury suffered during a training drill.

"It was a light duty position that we created to accommodate his then-existing condition," said Mayor Ambrosino.

STRESS, BLOOD PRESSURE

According to documents obtained by the I-Team, light duty was cleared by Curley's doctor, but he hasn't shown up here since May. Now it's not his shoulder that's bothering him. He claims he is stressed out and his blood pressure is apparently out of control.

"There's no stress running a business, but there's stress on a desk job at the fire department?" the I-Team's Kathy Curran asked Curley's attorney. "I can't answer that," Neil Rossman replied.

"All I can tell you is that the medical evidence is when he's in the environment of the fire house with noise and the stress of emergency response his blood pressure is uncontrollable."

DISABILITY RETIREMENT

Now Curley is taking his case to the state where he has filed for accidental disability retirement. The claim isn't based on his shoulder problems, but on the stress that apparently developed when he returned to the fire house after being out on injured leave.

Joe Connarton heads the state's Public Employee Retirement Administration Commission. He said the state will review the following:

"Is there an injury? Is your injury total and permanent and is the injury sustained while in the performance of their duty? If the answer is yes, then it can be reviewed by the local retirement board and, subsequently, by us for accidental disability retirement."

"VERY FRUSTRATING"

"We're down personnel. We're putting a piece of apparatus out of service everyday, so obviously I want people back," said Chief Doherty. "Sick time is difficult to swallow sometimes. Obviously people have legitimate needs, but on the other hand I have the needs to run the department and I need and want people back to work."

"It is very frustrating," said Mayor Ambrosino. "I'm as frustrated as the general public, but we are constrained by certain laws, including retirement laws, that provide certain presumptions for public safety employees and we have to abide by those laws."

Attorney Rossman said that if the city feels Curley is in violation, they should notify him of the violation and ask him to come back into compliance.

Mayor Ambrosino said the city did notify Curley he was in violation when this first began, but the city has not taken any action since the discrimination suit was filed.

The state's medical panel approved Curley's application for disability retirement last week. The case will go before the city's retirement board and then will head to the state's board for review.

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