Bodybuilding firefighter is ordered back to work

He could be dismissed if he does not show up

Outraged Boston fire officials ordered Albert Arroyo to return to work Monday, just days after they watched a video of the firefighter in a bodybuilding competition despite his claim that he had suffered a career-ending back injury and was on paid leave.

"If he can lift barbells, he can lift a clipboard," Boston Fire Commissioner Roderick J. Fraser Jr. said yesterday.

Fraser, who said Arroyo appeared to be in better shape than most firefighters, shot off a letter to Arroyo Thursday saying he expected him back on the job Monday. If he does not show up, the department will begin disciplinary actions up to and including termination.

Arroyo's bodybuilding career surfaced while he was out injured and awaiting approval of an accidental disability retirement. But it also put even more heat on a department that was already facing a federal grand jury investigation of questionable injury claims by dozens of current and former Boston firefighters.

The Globe reported in January that 74 percent of Boston firefighter retirements between 2005 and 2007 were granted because of accidental disabilities. Cities of similar size reported disability retirement rates of less than 30 percent.

Arroyo, 46, a firefighter since 1986, is assigned to the department's Fire Prevention Division, where he is responsible for inspecting homes and businesses to ensure that they comply with city fire codes.

The Globe posted the video on its website Monday and reported that Arroyo placed eighth in the 2008 Pro Natural American Championships on May 3. He had been out of work and collecting his salary tax-free since March, when he reported suffering a back injury that no one witnessed at a fire station where he was not assigned to work.

The injury was ostensibly so severe that his doctor wrote that he should be granted an accidental disability retirement because he is "totally and permanently disabled."

Arroyo has referred questions to his lawyer, James S. Dilday, who said yesterday that he does not think Arroyo should return to work.

"My understanding is that a doctor certified him as being totally and permanently disabled, and if that's the case, then he needs to follow the directions of his doctor," said Dilday. He said he has been in Vietnam for several days and has not met with Arroyo.

Arroyo said he slipped on a staircase at the Jamaica Plain fire station on March 21 and applied for disability retirement, which gives firefighters who suffered on-the-job injuries 72 percent of their salaries tax-free for life. While he waited for his application to be processed, he collected 100 percent of his $68,133 salary tax-free.

After Fire Department officials learned about his bodybuilding endeavors in late May, they rescinded his injured leave and placed him on sick leave, during which he has to pay income taxes.

Fraser said yesterday that after seeing the video, in which Arroyo poses to recorded music while flexing what appear to be well-developed back muscles, Fraser decided to rescind the sick leave. "We feel that he is able to work, so we can't leave him on sick leave," Fraser said.

The commissioner said that Arroyo, through his lawyer, had appealed the department's decision to change his leave status from injured to sick, but did not provide any evidence to justify the commissioner overturning the decision, which was made by the department's chief of personnel. In his letter ordering Arroyo back to work, Fraser denied that appeal.

Fraser declined to say what disciplinary action he plans to take if Arroyo does not show up for work Monday. Under current guidelines, if he does not come to work for 14 days, the department can begin termination proceedings on the basis he has abandoned his post.

Department spokesman Steve MacDonald said yesterday that he hopes that does not happen. "We're hopeful that he will show up for work," he said.

Mayor Thomas M. Menino, who had said earlier that he believes Arroyo is abusing the system and deserves to suffer the consequences, referred questions yesterday to the Fire Department.

Arroyo is a member of the Boston Firefighters Union, which has clashed with Fraser over his efforts to change the culture in a department long dominated by the union. Firefighters of every rank, except the commissioner, belong to the same union, and until Fraser arrived in September 2006, commissioners had always risen through the ranks.

Union president Edward Kelly did not return a message last night seeking comment.

Donovan Slack can be reached at dslack@globe.com.