Database Search Result Details
|
First Name
|
Tonia
|
|
Last Name
|
Guthrie
|
|
Decision Date
|
10/25/2017
|
|
Docket Number
|
2017-1992-DHHR
|
|
ALJ
|
RLR
|
|
Respondent
|
Department of Health and Human Resources/Hopemont Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Health Service Worker
|
|
Topics
|
Dismissed; Termination; Dismissal
|
|
Primary Issues
|
Whether this grievance presents no claim upon which relief can be granted.
|
|
Outcome
|
Dismissed; Remedy Wholly Unavailable
|
|
Statutes
|
64 C.S.R. 13 § 4.16.c.3.B; W. Va. Code § 6C-2-2(i); 156 C.S.R. 1 § 156-1-3 (2008)
|
|
Related Cases
|
Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Skaff v. Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Brackman v. Div. of Corr./Anthony Corr. Center, Docket No. 02-CORR-104 (Feb. 20, 2003); Gibb v. W. Va. Div. of Corr., Docket No. 98-CORR-152 (Sept. 30, 1998)
|
|
Keywords
|
Termination; Patient Abuse and Neglect; Motion to Dismiss; Relief
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by Respondent as a Health Service Worker. She was dismissed from employment on April 7, 2017, for patient abuse. Subsequently, the Office of Health Facility Licensure and Certification (“OHFLAC”) placed Grievant’s name on the Nurse Aide Abuse and Neglect Registry. Since Grievant’s placement on the Nurse Aide Abuse Registry is final, Hopemont Hospital is prohibited by law from returning her to work. No claim upon which relief can be granted is stated in this grievance and the remedy requested is wholly unavailable to the Grievant. Accordingly, this case is dismissed.
|
Back to Results
Search Again