The Third 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, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was off duty due to illness beginning July 21, 1990. On January 23, 1991, she attempted to return to work presenting a release from her personal physician stating she was able to return to work. On January 24, 1991, Carrier's Chief Medical Officer wrote the Claimant's physician for additional information concerning his treatment of Claimant. Form 1 Award No. 29805
On February 19, 1991, the Chief Medical officer wrote the Claimant informing her that her personal doctor had not responded to his letter of January 24, and that she would remain out of service until he received the information he requested. The Carrier sent Claimant's doctor three more letters, the last dated March 27, 1991. On April 25, 1991, the Claimant was informed in writing that her doctor still had.not furnished the Carrier with any information as to the care and treatment of the Claimant. Claimant never responded to the letter and she remained out of service.
This Board has held numerous times that the Carrier has right to investigate Claimant's physical condition upon a request to return to work after an absence for medical reasons. (See Third Division Awards 22288, 24254, 29035.) The Board's review of the record before us reveals that the Carrier acted in a diligent manner in examining the Claimant as well as corresponding with her doctor for additional information. The agreement was not violated and the claim will be denied.