Database Search Result Details
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First Name
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Ronald
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Last Name
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Mooney III
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Decision Date
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4/19/2019
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Docket Number
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2019-0635-DVA
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ALJ
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BTC
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Respondent
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Department of Veterans Assistance
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Employment Type
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STATE
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Job Title
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Administrative Services Assistant 3
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Topics
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Dismissed
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Primary Issues
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Whether the Grievance Board lacks jurisdiction in this matter.
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Outcome
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Lack of Jurisdiction
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.19.2
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
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Keywords
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Motion to Dismiss; Lack of Jurisdiction; Retirement Board; Employer; Tort-like Damages
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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 the Department of Veterans Assistance and filed this grievance alleging he had been denied five years military service credit by the Consolidated Public Retirement Board towards his retirement benefit due to the negligence of Respondent’s “benefit coordinator.” Respondent moved to dismiss the grievance for lack of jurisdiction. Grievant’s complaint is not a “grievance” as defined by statute. The Grievance Board is not authorized by statue to hear tort claims and award money damages for negligence. The Grievance Board lacks jurisdiction in this matter.
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