Database Search Result Details
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First Name
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CLEATUS
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Last Name
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VARNEY
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Decision Date
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8/26/1987
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Docket Number
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23-86-374-1
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ALJ
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LC
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Respondent
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LOGAN COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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PLUMBER
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Topics
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MEDICAL LEAVE; PAY
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Primary Issues
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Personal Leave; Employee Benefit
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Outcome
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DENIED
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Statutes
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Related Cases
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341 S.E.2D 685 (W.VA. 1985)
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Keywords
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LEAVE; BENEFIT
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #87-AA-245; Affirmed 7/10/89, Zakaib
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Supreme Court
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Synopsis
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Gr has been employed by the Logan CBOE for fifteen yrs and injured on the job on July 26, 1986. On Aug 4 his Dr. ordered him to cease work and gr applied for and rec'd workers' compensation benefits. Gr did not request a medical leave of absence for this period but took a doctor's slip to the board office monthly. Grievant had not exhausted all of his personal leave as of Sept 1 but would have exhausted it had he not voluntarily taken time off without pay. Grievance denied; In an opinion of the St Supt of Schools (1987), it was opined that an employee in such situations cannot be required to take a leave of absence but their employment status is simply an unpaid status; that the employee is not entitled to receive any pay except a year's personal leave which, if not earned by subsequent work, would have to be repaid.
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