details - Public Grievance Board

First Name	Debra
Last Name	Blair
Decision Date	5/1/2017
Docket Number	2016-1479-DVA
ALJ	RLR
Respondent	Department of Veterans Assistance
Employment Type	STATE
Job Title	Licensed Practical Nurse
Topics	Selection
Primary Issues	Whether Grievant proved that the selection process for the new Office Assistant 1 position was insufficient or fatally flawed.
Outcome	Denied
Statutes
Related Cases	Workman v. Div. of Corr., Docket No. 04-CORR-384 (Feb. 28, 2005); Jackson v. State Farm Mut. Auto. Ins. Co., 215 W. Va. 634, 640, 600 S.E.2d 346, 352 (2004); Jordan v. Div. of Highways, Docket No. 04-DOH-202 (Jan. 26, 2005); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001)
Keywords	Selection Process; Qualifications; Policy; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was initially employed by Respondent as a Licensed Practical Nurse assigned to the Alzheimer’s Unit. Grievant was subsequently injured by a resident on the Alzheimer’s Unit. Due to her injuries, Grievant was placed on light duty as a receptionist. Grievant was thereafter informed that her transitional duty work answering phones was going to end. Grievant requested an extension of this assignment. Respondent did not extend Grievant’s transitional duty work. During the same time period, Grievant applied for a newly created Office Assistant 1 position that was posted at the West Virginia Veterans Nursing Facility. Grievant was not selected for the position. The decision to not extend Grievant’s light duty work was not demonstrated to be arbitrary and capricious. Grievant did not meet her burden of proof in demonstrating the selection process for the new Office Assistant 1 position was insufficient or fatally flawed. Finally, Grievant did not prove that the selection of the successful applicant for the position was an arbitrary and capricious decision.

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