Database Search Result Details
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First Name
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Patsy
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Last Name
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Blake
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Decision Date
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8/9/2018
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Docket Number
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2018-0243-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 and Division of Personnel
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Employment Type
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STATE
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Job Title
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Health Service Assistant
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Topics
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Dismissed
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Primary Issues
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Whether this grievance should be dismissed.
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Outcome
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Dismissed; Failure to Follow ALJ Direction
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Statutes
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W. Va. Code St. R. § 156-1-6.19.3 (2008)
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Related Cases
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Keywords
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Motion to Dismiss; Fail to Attend Hearing; Workplace Behavior
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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 was employed by the Department of Health and Human Resources as a Health Service Assistant. Grievant was demoted to a Health Service Worker without prejudice. Grievant is challenging what her job duties were as a Health Service Assistant before the demotion. Grievant failed to situate herself in a private area of the hospital in order to testify at the Level Three hearing and failed to make herself available to testify telephonically. Thereafter, counsel for Respondents moved to dismiss the case. Grievant’s representative did not oppose the motion at the Level Three hearing. Respondents and the record of the case established by a preponderance of the evidence that the grievance should be dismissed.
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