The investigation, after one mutually agreed to postponement, was held on November 3, 2007.
Falsification of a personal injury is a serious charge. Others have been dismissed for this same charge established during the Investigation. In this case, the discipline was only 31 days.
A review of the transcript convinces this Board that the Carrier has not furnished sufficient evidence to establish Ctalmant's culpability for the charges assessed.
On this property most injuries must be reported promptly. Note the following Rule quoted in part:
But there also exists a Rule that distinguishes between a soft tissue issue or a more severe injury. If it is a strain or pain that manifests Itself within 72 hours, If the Claimant claims a soft tissue Issue, helshe has 72 hours to report same and to fill out the prescribed form. Page 3 Award No.
Claimant Indicated that while unloading an angle bar from his truck, he heard or felt a pop in his shoulder but at that instant he felt nothing else. This occurred around 0730 AM.
Claimant is a Track inspector and is assigned to inspect a certain area of track. If a defect is minor that can be repaired by the Track inspector himself, he Is expected to do so. Other defects of major concern or requiring more than one employee are to be turned over to either the responsible Section Foreman or Roadmaster.
Claimant went about his chores, but at 1300 hours or so he was in his Supervisor's office. That Supervisor handed Claimant a notice of Investigation (involving an incident other than here concerned,
Claimant upon receipt of that notice got a little testy and he Indicated he had suffered an Injury eariler that day.
The prescribed injury form was completed then Claimant was taken to a medical facility for evaluation. The doctor's diagnosis was a minor strain and It was his recommendation that Claimant not lift more than 10 Ibs. and no pushing or pulling with his right arm until October 31, 2007. The diagnosis and recommended treatment was dated 1WBi07.
This entire incident was based on Carrier's suspicions .of a false Injury claim when Claimant said nothing to no one until he was handed the notice of Investigation other than this one.
Regardless of Claimant's reaction to the notice of another Investigation, it is fact diagnosed by a doctor that he had Incurred a soft tissue injury.
Supervisor over an Investigation notice and the fact he never mentioned the pop to anyone else, the plain fact IS he had a soft tissue injury. He stated while working he was debating with himself about turning in the injury or perhaps with over-the-counter medications he would overcome the pain.
The Carrier has stated that there has been no lost time as Claimant has been on a medical leave. This is to be taken into consideration when computing time lost because of this incident. He, of course, has not been financially harmed N he had been on medical leave during the 31 day suspension, but if he lost any tune he Is to be compensated.
This Board, after consideration of the dispute Identified above, hereby orders that an award favorable to the Claimant(*) be made. The Carrier is ordered to make the award effective on or before 30 days following the date the award is adopted.