Parties to Dispute:



                  NORFOLK SOUTHERN RAILWAY COMPANY


Statement of Claim:

      Claim filed on behalf of Mr. J. B. King as a result of the

      Carrier's refusal to grant a return-to-work physical.

      [Carrier file MD-5 King, J.B.]


Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.


                            AWARD


After thoroughly reviewing and considering the record and the parties' presentations, the Board finds that the claim should be disposed of as follows:

Claimant is esto tKu from returning to work for Carrier after representing in
 as court aw t Ku
 a was disabled an wou never e able o again work as -
 a track laborer. a courts, the NRAB an s an s have ong been
 committe to the notion that a carrier is under no o iga ion o return an
 em o ee to service n such circumstances. ee. (Garter),
          ( esman , oney , o as we as

Lewandowski v. Nat1. RR Pass Uorp, 3rd CA O: ~i9-1Z93(1989)and gases
 cited therein. The Claim is den'

                        John C. Fle e


Richard A. Lau E. N. Jac s, Jr.
 organization Member Carrier mber

            Issued at Norfolk, Virginia on August 30, 1993