Database Search Result Details
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First Name
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LESTER
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Last Name
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LUCAS
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Decision Date
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6/15/1987
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Docket Number
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02-87-069-2
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ALJ
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SK
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Respondent
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BERKELEY COUNTY BOARD OF EDUCATION AND DEPARTMENT OF EDUCATION
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Employment Type
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SERV
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Job Title
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SCHOOL BUS OPERATOR
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Topics
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CERTIFICATION
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Primary Issues
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Loss of Certification eligibility as a bus driver due to implant of heart pacemaker
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Outcome
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GRANTED
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Statutes
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17C-14-12
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Related Cases
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256 S.E.2D 592 (W.VA. 1979); CLAYBURN WALKER V. KANAWHA CBOE
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Keywords
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CERTIFICATION; SUPERINTENDENT; CONSENT; PHYSICIAN; MEDICAL; PACEMAKER; MEDICATION; LIABILITY; CLAIM
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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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Grievant argued that the School Transportation Regulation states that a bus operator may not be employed when there exists a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis or any other cardiovascular disease known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure and that he has not been diagnosed as having any of these conditions. Grievance DENIED; the State Dept. of Educ. violated its own regulations by depriving Grievant of his certification as he had no diagnosed cardiac conditions. As the liability appears to rest with the Dept. of Educ., it may be that Grievant's remedy relating to compensation will be in the Court of Claims.
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