Database Search Result Details
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First Name
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Christopher
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Last Name
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Carver
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Decision Date
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11/6/2020
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Docket Number
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2019-1429-MAPS
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ALJ
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LRB
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
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Employment Type
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STATE
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Job Title
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CO I
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Topics
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Return to Work
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Primary Issues
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Whether Respondent improperly denied Grievant the opportunity to return to his position of Correctional Officer I on light duty.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-14.4(h); W. Va. Code § 6C 2 2(d)
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Related Cases
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McComas v. Public Service Commission, Docket No. 2012-0240-PSC (Apr. 24, 2013); Dillon v. Bd. of Educ., 177 W.Va. 145, 51S.E.2d 58 (1986)
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Keywords
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Return to Work; Light Duty; Job Responsibilities; Discrimination
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 12/4/2020; Judge Salango, Civil Action No. 20-AA-83; Affirmed, 1/12/2022
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Supreme Court
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Synopsis
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Grievant was employed by Respondent as a Correctional Officer I. Grievant contends that Respondent’s action(s) in denying his return to work on light duty was improper. Grievant has the burden of proof in this non-disciplinary matter. Grievant seeks back pay for the period he was off work till his return to full duty.
Respondent invested significant time and effort into evaluating request for light duty/return to work made by Grievant. Grievant could not work any of the posts manned by correctional officers, was unable to work directly with inmates, and was restricted from performing many of the essential duties of his position as outlined in the classification specifications. Grievant failed to prove that he was discriminated against or that Respondent denied him the right to return to his position of Correctional Officer I in violation of any applicable rule or statute. This grievance is DENIED.
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