Database Search Result Details
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First Name
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Cynthia
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Last Name
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Burwell
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Decision Date
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5/25/2018
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Docket Number
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2018-0452-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Annual Leave
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Primary Issues
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Whether Respondent acted in an arbitrary and capricious fashion when it offered her an alternative work assignment or when it charged her annual leave during the time she refused to work an alternative assignment.
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Outcome
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Denied
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Statutes
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Related Cases
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Rice v. Div. of Highways, Docket No. 06-DOH-247 (Aug. 29, 1997); Thomas v. Dep’t of Health & Hum. Res., Docket No. 2010-1037-CONS (July 1, 2010)
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Keywords
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Alternative Work Assignment; Annual Leave; Arbitrary and Capricious
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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 is employed by Sharpe Hospital as a Health Service Worker. On September 21, 2017, Grievant was present during an incident in which a patient hit another patient in the head. Sharpe is required to submit such incidents to Adult Protective Services for investigation. The only issue in this case is whether Grievant is entitled to restoration of annual leave that she used in lieu of accepting an alternative work assignment during an Adult Protective Services investigation. Record of the case demonstrated that Grievant’s use of leave was properly calculated as she chose to use leave rather than accept an alternative work assignment.
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