Brumfield v. Department of Fire

WILLIAMS, Judge.

This is an appeal from a judgment of the Civil Service Commission which upheld the dismissal of Brian Brumfield from the New Orleans Fire Department based upon his inability to perform his duties as a firefighter. Appellant asserts that the Commission erred 1) in failing to grant to him the sick leave to which he is statutorily entitled under LSA-R.S. 33:1995; and 2) in ruling for the Appointing Authority absent *76proof that appellant was unable to fulfill his duties as a firefighter. We reverse.

This case originated in 1984, when plaintiff appealed his first dismissal, claiming…