BOSTON -- A Boston firefighter caught competing in a bodybuilding competition while out of work on disability leave was sent a letter Monday effectively terminating his employment.

Watch Report

"As of right now, we do not consider Albert Arroyo a member of the Boston Fire Department," said spokesman Steve McDonald. "Under state law if a person does not show up for work for more than 14 days, the department can separate that person from the department."

Arroyo, 46, was ordered to return to his job at the Boston Fire Department's inspectional services facility on July 21, after the fire commissioner viewed a video of Arroyo competing in a bodybuilding competition.

When Arroyo was in the competition in May he had been on paid leave for at least two months with a disability application pending. Arroyo's doctor had diagnosed Arroyo as permanently disabled by a back injury suffered on the job.

"You'd have to ask him why he chose not to work, and you'd have to ask him why he chose to be voluntarily separated from the department," McDonald said.

"This individual is no longer on the payroll of the Boston Fire Department," Boston Mayor Tom Menino said. "It's out and out fraud, and that's what bothers me."

McDonald said the department was notified by his attorney that Arroyo would not return to work until he had been cleared by a doctor.

"He has 10 days to appeal to the fire commissioner," he said. Arroyo's attorney told NewsCenter 5's Gail Huff that he did not know if his client would appeal.

McDonald said the department can remember only one other case in which a firefighter chose to be voluntarily separated from the department.

“We have 1600 firefighters. It's a job people want to do. The fact that we have a very small number choosing to do things that maybe don't make the department look good, doesn’t reflect on the general membership,” he said.