Award No. 4800 Docket No. 4721
2-SP (T&L)-FO '65The Second Division consisted of the regular members and in
addition Referee Dudley E. Whiting when award was rendered.
SOUTHERN PACIFIC COMPANY-TEXAS AND LOUISIANA
LINES
EMPLOYES' STATEMENT OF FACTS: Laborer Alex Sampson, hereinafter referred to as the claimant, entered the service of the carrier on Aug. 23, 1950, remaining therein until Oct. 3, 1963, the effective date of his dismissal.
On April 24, 1963, the claimant, while engaged in his regular duties as car cleaner, suffered an injury which he reported to his foreman at the close of his shift, and eras given an order to go to the doctor. He was treated and sent home with instructions to rest.
Continuing to complain of pain, the claimant was admitted to the general hospital at Houston on April 26, 1963 and was confined therein until released on June 6, 1963.
Following his release from the hospital, he continued under doctor's care from June 6, 1963 until Sept. 10, 1963, when he was readmitted to the general hospital and again released on Sept. 16, 1963.
Under date of Sept. 1'7, 1963, he was given a release to return to duty on Sept. X18, 1963 -by J. R. Gandy, M.D. Chief Surgeon.
respectfully asks the board to allow the deduction of outside earnings in line with the many Awards of the Second Division reaching such results.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 11934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Credible evidence was adduced at the investigation to support the decision that claimant was guilty of the charge against him. Basically the decision of the hearing officer accepts the testimony of other witnesses and rejects that of the claimant. This is not an unreasonable evaluation of the evidence.