Arroyo submits 2d medical opinion for disability claim

(Jim Davis/Globe Staff)

Boston firefighter Albert Arroyo (left) arrived at Fire Department headquarters Tuesday afternoon with his attorney, Neil Osborne.

By Donovan Slack, Globe Staff

Bodybuilding firefighter Albert Arroyo has submitted a second medical opinion on his disabling back injury to the Boston Fire Department in an effort to get his job back.

Fire Commissioner Roderick Fraser has yet to review the paperwork, which arrived at fire headquarters by courier shortly after noon. He and two other fire officials are expected to meet later today to review the new documentation and discuss Arroyo's appeal for reinstatement, said a department spokesman, Steve MacDonald.

Fraser ordered Arroyo removed from the department payroll two weeks ago after he failed to show up for work for two weeks in defiance of an order. The commissioner told him to return to work in July after viewing a video of Arroyo participating in a bodybuilding contest just two weeks after he had claimed his was totally and permanently disabled and unable to work as a fire inspector.

Arroyo appealed Fraser's decision at a hearing on Tuesday, and the commissioner gave Arroyo 48 hours to submit additional medical records that back up his contention that he is too disabled to work.

MacDonald said he doesn't expect to announce any decision today by the hearing panel, which includes Fraser, Deputy Commissioner for Labor and Legal Affairs Karen Glasgow, and Chief of Personnel Michael Doherty.

"They may reach a decision today, but we're not going to release anything until we've had a chance to communicate that to Albert Arroyo himself," MacDonald said.

Arroyo, 46, had applied for a disability pension after reportedly injuring his back on March 21, when he slipped on a fire house staircase in Jamaica Plain. No one witnessed the incident, which occurred at a station where he wasn't assigned to work. His doctor, Dorchester neurologist Dr. John F. Mahoney, wrote two weeks later that Arroyo was so severely injured that he was permanently incapacitated and should be granted a disability pension. But on May 3, Arroyo placed 8th in the Pro Natural American bodybuilding championships, which was videotaped.

It's unclear what type of documentation Arroyo submitted today to bolster his claim. Calls to his lawyer, Neil Osborne, were not returned.

Osborne said Tuesday that Arroyo began having back problems as early as 2000 and that he began working out with a physical trainer in 2003 as a way of avoiding back surgery. He said Arroyo planned to get verification of his injuries from a doctor other than Mahoney, who has also drawn criticism from Fraser for his role in signing off on other questionable firefighter disability claims. The lawyer said his client has not determined whether he wants to return to work for the department.

• Comment
• Permalink
• Email