Is Employee on Medical Leave Entitled to Disability Benefits?
A constable on medical leave for over 24 months claimed she was totally disabled and entitled to disability benefits. The doctors backed her assertion but the city made her see an independent psychiatrist. His report: The constable wasn’t totally disabled and could return to work. But the arbitrator found the psychiatrist’s report flawed and inconsistent with the findings of all the other doctors and medical evaluations, noting that even the psychiatrist himself had questioned its validity [Berube Grievance, [2012] A.G.A.A. No. 43, Aug. 10, 2012].
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