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November 25, 2014

Failing to report for a medical examination


Failing to report for a medical examination
OATH Index No. 1402/14

A food service manager was found to have failed to report for scheduled medical examinations, that he was ordered to attend pursuant to §2568 of the Education Law, on three occasions.

Further, Administrative Law Judge Faye Lewis found that the manager had not been at work for more than two years.

After having had his disciplinary hearing postponed, the manager did not appear at his hearing scheduled for July 23, 2014.

On the day before the rescheduled trial date, his attorney requested another adjournment of the trial because the manager was in Ohio caring for his ailing mother and was unable to make other care taking arrangements.

The adjournment request was denied for lack of good cause when the manager declined to avail himself of the opportunity to participate at the hearing via telephone.

Other cases involving disciplinary action following an employee’s failure to report for a medical examination include Santiago v. Koehler, 155 A.D.2d 24, O'Neill v City of Schenectady, 194 AD2d 1044, and Decisions of the Commissioner of Education, Decision #13005.

Judge Lewis recommended termination of the food service manager’s employment.  

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/14_Cases/14-1402.pdf
.

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