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In re Massi12/22/2004 in favor of the injured employees the statute was designed to protect ...." (Id. at 339). Obviously, a critical determination to be made by the hearing officer will be whether or not petitioner is fit for limited police duty. A determination that petitioner is fit for limited police duty (and fit to attend the Chief Flynn interview) would resolve the issue; continued refusal to cooperate by petitioner would justify respondents' pursual of further disciplinary actions, which could result in petitioner's termination.
The foregoing constitutes the Decision, Order and Judgment of the Court.
Honorable Mary H. Smith, J.S.C.
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