Database Search Result Details
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First Name
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David
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Last Name
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Deyerle, et al.
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Decision Date
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4/4/2018
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Docket Number
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2017-1128-CONS
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ALJ
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LRB
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Respondent
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Division of Rehabilitation Services
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Employment Type
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STATE
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Job Title
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Various
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Topics
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Work Environment
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Primary Issues
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Whether Grievants established that Respondent failed to provide a reasonably safe work environment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 21-3-1
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Related Cases
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Baker v. Bd. Of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-DOT-359 (Apr. 30, 1998)
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Keywords
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Safe Work Environment; Workplace Conditions; Reasonable, Air Quality; Water Damage
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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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Grievants assert that the environment in which their employer required them to work affected their individual health. Grievants contend that they suffered undue risk and physical harm because of Respondent’s handling of a workplace disorder. Grievants seek restoration of sick and annual leave used; a comprehensive Air Quality Study of the building; and establishment of a procedure to have an alternate work site if there should be a future similar incident. Respondent maintains it acted in a responsible and reasonable manner.
Grievants individual allegations of misfeasance by Respondent varies, to some limited degree; nevertheless, none establish failure on the part of Respondent to provide a reasonably safe work environment to the degree warranting the requested sanctions. Grievants failed to establish by a preponderance of the evidence legal liability of Respondent for any alleged health issues Grievants may have suffered relevant to the time period in discussion. This grievance is DENIED.
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