Decision

Decision  Charles Siever v. Commonwealth Electric Company

Date: 02/25/1999
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 026100-95
Location: Boston
  • Employee: Charles Siever
  • Employer: Commonwealth Electric Company
  • Self Insurer: Commonwealth Energy Systems

MCCARTHY, J. Charles Siever, a high school graduate with one year of college, worked as a lineman for Commonwealth Electric Company (Commonwealth). He had previously worked as a truck driver and laborer, and as a grounds keeper at a country club. Over the course of fourteen years, Siever worked his way up to a first class lineman’s position after first being hired by Commonwealth as a janitor. On July 10, 1995, while pulling wire from a reel, he felt a snap in his back with pain radiating down his left leg. He was seen at the emergency room, and remained out of work for approximately one week. On July 18, 1995, he returned to light duty inspecting poles for illegal telephone hook-ups. (Dec. 3.) This job required Siever to drive a truck through often rough, wooded territory, which caused his back to become uncomfortable. (Dec. 4.) At some point Commonwealth became suspicious of the employee and hired a private detective agency to investigate his working hours activities. Id. On October 5, 1995, he was suspended from his light duty position for alleged dereliction of duty and misappropriation of company property. (Dec. 3, 7.) Following a hearing, the employer terminated his employment. (Dec. 5.)

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