Database Search Result Details
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First Name
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JOHN
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Last Name
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TONEY, JR.
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Decision Date
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4/30/1987
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Docket Number
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22-87-047-1
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ALJ
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LC
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Respondent
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LINCOLN 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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BUS OPERATOR
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Topics
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PERSONAL LEAVE; PAY
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Primary Issues
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Bus Operator Physical
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Outcome
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GRANTED
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Statutes
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18-29-5(b)
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Related Cases
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350 S.E.2D 541; 18-29-5(B)
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Keywords
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WORKERS' COMP; SICK LEAVE; STRESS TEST; MEDICAL; ABSENCE; CARDIAC; EQUITABLE
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Gr is sixty years of age and underwent a stress test incident to his employment. As a result of the test, grievant was ordered not to engage in active exercise or drive a school bus during the interim. Grievant was medically certified to be physically unfit for duty as a bus driver and missed twenty five days of work. Although the twenty five days qualified as sick days, because of a previous illness, gr was charged with fifteen days of remaining sick leave and the remaining 10 day were unpaid. DECISION: Grievance Granted. Hearing examiners are authorized to provide such relief as deemed fair and equitable. It is an equitable maxim that where one of two innocent parties must suffer because of the derelictions of a third party, it is the least culpable of the two innocent parties who should prevail. It was inequitable for the BOE to deplete gr sick leave reserve and to deny pay from work occasioned through no fault of grievant.
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