CONSOLIDATED RAIL CORPORATION
 "CARRIER"
        * CASE NO. 1 -and-

* AWARD NO. 8
 BROTHERHOOD OF MAINTENANCE OF
 WAY EMPLOYEES
                "ORGANIZATION"

                            *


STATEMENT OF CLAIM:

        Claim of the Brotherhood (CR-241-D) that:


              (a) The discipline of 20 days suspension

              assessed Claimant A. F. Garcia, Track Foreman,*

              was without just and sufficient cause and in

              violation of Rule 27, Section 1(d).


              (b) Claimant A. F. Garcia shall be exonerated and

              his personnel record expunged of all entries re

              lated to this suspension and shall be allowed the

              remedy of Rule 27, Section 4.


        This case arose when the Carrier charged A. F. Garcia,


hereinafter the Claimant, for allegedly falsely reporting a

 personal injury. The specific charges, contained in a Notice of

 Hearing dated May 18, 1983, were as follows:

              To determine your responsibility, if .any, for alleged false reporting of a personal injury on or about April 25, 1983, at Callicoon, New York.


              Reference alleged injury of April 19, 1983.

PLB-3729 Award No. 8

 The hearing was held on June 30, 1983. The Claimant was* present and represented by the Organization. Following the hearing, the Carrier notified the Claimant that he had been found guilty of the charge and assessed 20 days actual suspension with time already lost from work because of his physical problems to be applied towards the disciplinary period. The above quoted claim was then filed on behalf.of the Claimant.
 On Wednesday, April 19, 1983, the date of the Claimant's alleged injury, he was assigned as an Inspection and Repair Foreman. The Claimant allegedly injured his back as a result of his highwayrail truck derailing. The Claimant continued to work on Thursday and Friday. In spite of a Carrier rule requiring that an employee immediately report any injury, the Claimant did not report his injury to the Carrier until the following Monday, April.25. The Claimant thereafter was examined by several doctors. He did not work for a period of time because of his physical difficulties.

 POSITION OF THE PARTIES:
 The Organization contends that there is no evidence in the record that the Claimant falsely reported his injury was work related. in addition, the Carrier mistreated the Claimant by requiring him to ride in pain a long distance for a medical exam and failed to include important medical evidence in the hearing on the property.
 The Carrier maintains that the Claimant deliberately misrepresented his condition or merely assumed that his alleged injury was due to derailment. The medical evidence from several doctors

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PLB-3729 Award No. 8

 establishes that the Claimant's physical problems on April 25, 1983 were caused by arthritis and not any work related injury. The Claimant's failing to report the injury and continuing to work until April 25 further establishes he was not injured at work on April 19.

 OPINION OF THE BOARD:
 The Board has concluded that the record does not contain substantial evidence that the Claimant falsely reported an injury. There is no dispute that the Claimant was involved in a derailment on April 19 and had physical problems that prevented him from working by April 25. Although it cannot be said with certainty that the derailment caused the Claimant's physical problems, at least one doctor apparently believed a sacro-iliac sprain was the Grievant's problems. It is not unreasonable to conclude that the Claimant's prexisting arthritis may have been triggered by the derailment and then worsened between April 19 and 25. The Claimant has no history of dishonesty. In these circumstances, the evidence relied upon by the Carrier is insufficient to establish that the Claimant knowingly filed a false report.

 AWARD:
 The claim is sustained. The remedy shall be in accordance with Rule 27, Section 4 of the applicable Schedule Agreement. Monies owed, if any, shall be paid within 30 days.

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    PLB-3729 Award No. 8


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                      SCOTT E. BUCHHEIT Neutral Member


ROBERT O'NEILL . P. CASSESE
 Carrier Member - ~~"~^-~ rganization Member

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