[August 23, 2008] Judge rejects workers' comp for embattled ex-city auditor Tweet (Sun, The (Lowell, MA) (KRT) Via Acquire Media NewsEdge) Aug. 23--LOWELL -- The city's former embattled auditor, Arthur Gallagher, had his quest to collect extensive workers'-compensation benefits denied by a Department of Industrial Accidents' judge this week. Gallagher, 54, served as the city's auditor from Feb. 2001 to Sept. 2002. His last day of work was Sept. 23, 2002, following an incident when he allegedly screamed profanities at workers in his office after discovering that another city employee had parked in his parking spot. He did not return to work after that day, but was placed on paid suspension. He officially resigned on Jan. 31, 2003, receiving a $25,000 severance package from the city. He then filed a claim for total, temporary incapacity compensation citing work place stress and criticism and retaliation that led to emotional injuries. According to the DIA, Gallagher's average weekly wage was $1389.49. That claim was denied on Feb. 25, 2004, by Judge Richard J. Heffernan, the same judge who denied Gallagher's appeal on Wednesday. In his decision, Heffernan states that "the employee was not a credible witness." "I further find that the employee presented a large amount of contradictory testimony," he added. "The employee was unable to identify the employees whom he alleged retaliated against him and could not support his serious allegation with any facts or names of persons who retaliated against him." In his claim, Gallagher points to an incident when then-Mayor Rita Mercier criticized him during a City Council meeting regarding an $8.5 million accounting discrepancy. Mercier later made a motion to terminate Gallagher, which he claimed was an effort to humiliate him. Heffernan calls Mercier's actions "bona fide personnel actions." "The employee failed to present any evidence showing any personal or improper motive to any of Mercier's actions," he added. Gallagher did not return a call to his home seeking comment. "The city respectfully agrees with the findings of Judge Heffernan," said Karen Gagnon, the city's workers' compensation agent. To see more of The Sun, or to subscribe to the newspaper, go to http://www.lowellsun.com. Copyright (c) 2008, The Sun, Lowell, Mass. Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. [ Back To TMCnet.com's Homepage ]