Database Search Result Details
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First Name
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Kristie
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Last Name
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Miller
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Decision Date
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5/14/2019
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Docket Number
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2018-1188-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Welch Community Hospital
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Employment Type
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STATE
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Job Title
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Certified Nursing Assistant
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Topics
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Written Reprimand
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Primary Issues
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Whether Grievant’s written reprimand was justified.
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Outcome
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Granted
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Statutes
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Related Cases
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Cook v. W. Va. Div. of Corrections, Docket No. 96-CORR-037 (Oct. 31, 1997); Comfort v. Reg’l Jail and Corr. Facility Auth., Docket No. 2013-1459-CONS (Apr. 18, 2013); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Harrison v. W. Va. Bd. of Drs./Bluefield State Coll., Docket No. 93-BOD-400 (Apr. 11, 1995); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Seddon v. W. Va. Dep't of Health/Kanawha-Charleston Health Dep't, Docket No. 90-H-115 (June 8, 1990)
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Keywords
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Written Reprimand; Patient’s Care Plan; Hearsay; Unsworn Statements
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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 Respondent as a Certified Nursing Assistant at Welch Community Hospital. Grievant received a written reprimand for failure to follow a patient care plan, which resulted in the patient falling, and for failing to report the fall to a supervisor. As proof of the allegations, Respondent provided only unsworn, compound hearsay statements that were entitled to no weight. Respondent failed to meet its burden of proof. Accordingly, the grievance is granted.
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