Database Search Result Details
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First Name
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Charlotte
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Last Name
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Garrison
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Decision Date
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8/7/2019
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Docket Number
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2019-0669-DVA
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ALJ
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RLR
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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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Licensed Practical Nurse
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Topics
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Suspension
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Primary Issues
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Whether Respondent’s decision to impose an unpaid suspension was arbitrary and capricious.
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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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Jones v. W. Va. Dep’t of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep't of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Lanehart v. Logan County Bd. of Educ., Docket No. 95-23-235 (Dec. 29, 1995); Perdue v. Dep't of Health and Human Res./Huntington State Hosp., Docket No. 93-HHR-050 (Feb. 4, 1993)
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Keywords
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Suspension; Credibility; Statements; Neglect and Psychological Abuse of Resident; 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 Respondent as a Licensed Practical Nurse at the West Virginia Veterans Nursing Facility located in Clarksburg, West Virginia. Grievant failed to provide a resident with a wheelchair that he requested to attend a church service on another floor of the facility. Record established that the Social Worker Supervisor investigated the incident and substantiated the allegation of neglect and psychological abuse of the resident. Respondent demonstrated by a preponderance of the evidence it was justified in suspending Grievant concerning her behavior in handling a resident in the Alzheimer’s/Dementia unit of the facility.
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