Database Search Result Details
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First Name
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Steve
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Last Name
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Joyce
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Decision Date
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5/17/2019
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Docket Number
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2018-0963-DOT
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ALJ
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WBM
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker 3, Equipment Operator
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Topics
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Retaliation
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that he was subject to retaliation or reprisal.
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Outcome
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Denied
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Statutes
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W. Va. Code §§ 6C-2-2(d) and 23-5A-1; W. Va. Code § 29-6-4 (b)
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Related Cases
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Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008 1594 DOT (Dec. 15, 2008); Powell v. Wyoming Cablevision, Inc., 184 W. Va. 700, 403 S.E.2d 717 (1991); Addair v. Dep't of Health and Human Resources/Welch Community Hosp., Docket No. 03-HHR-147 (Feb. 2, 2004); Rollyson v. Kanawha County Bd. of Educ., Docket No. 2018-0296-KanED 2018 (Apr. 4, 2018); JWCF, LP v. Farruggia, 232 W. Va. 417, 424-425, 752 S.E.2d 571, 578-579, (2013); Cobb v. Div. of Highways, Docket No. 2013-0866-CONS (Nov. 7, 2013); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Lamp v. Div. of Juvenile Ser., Docket No 2015-0076-MAPS (Mar. 30, 2017); Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); Lamp v. Div of Juvenile Ser. Docket No. 2015-0076-MAPS (Mar. 30, 2017)
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Keywords
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Classification; Discrimination; Workers Compensation; Work Assignments; Retaliation; Reprisal
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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 alleges that Respondent discriminated against him pursuant grievance procedure definition, and the definition found in W. Va. Code §§ 23-5A-1, and 3(b), by failing to fully reinstate him to a soil nailing assignment upon his return from workers’ compensation. Grievant presented no evidence comparing his treatment to the treatment of similarly-situated employees, which is required to prove discrimination under the grievance procedure statutes. Additionally, while Grievant proved that Respondent may have precipitously removed Grievant from the soil nailing assignment, it was not proved that Respondent failed to return Grievant to the Transportation Worker 3 position he held prior to his work-related injury.
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