Database Search Result Details
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First Name
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RICHARD
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Last Name
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MILAM
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Decision Date
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12/5/1988
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Docket Number
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20-88-153
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ALJ
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SA
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Respondent
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KANAWHA 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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CARPENTER
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Topics
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PAY; REIMBURSEMENT
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Primary Issues
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Responsibility of payment of medical bills.
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Outcome
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GRANTED
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Statutes
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18A-2-10
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Related Cases
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256 S.E.2D 592, 595 (W.VA. 1979)
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Keywords
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TIMELINESS; ATTORNEY; RELIANCE; TESTING; PHYSICAL; MEDICAL; HEPATITIS; CONTAGIOUS; REIMBURSEMENT
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County, Civil Action #88-AA-316; Affirmed 11/13/89, Kaufman
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Supreme Court
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Synopsis
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Respondent made a motion to dismiss as Grievant did not appeal to Level IV within the prescribed time lines. Respondent argues that since Grievant's Counsel received a copy of the letter, there was no excuse for Grievant's failure to timely file his appeal. Respondent's contention is well-founded in court procedures, where notice to an attorney is effective notice to the attorney's client. Reliance of an attorney on his or her client to file an appeal is unjustifiable and irresponsible. Nevertheless, Grievant's counsel will not be held in this instance to the standard a court would require. Because the information on whether Grievant's hepatitis was contagious which Respondent requested could not be provided by Grievant's doctor without further testing, the testing must be held to have been conducted at Respondent's request. Grievance Granted; when an employer BOE requests that an employee submit to medical testing, the cost shall be borne by the BOE.
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