Database Search Result Details
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First Name
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Larry
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Last Name
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Kapp
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Decision Date
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1/15/2021
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Docket Number
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2020-1015-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/Lakin Hospital
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Employment Type
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STATE
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Job Title
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LPN
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved it had good cause to terminate Grievant for his abuse and neglect of a resident and violation of policy.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-12.02 and 12.03 (2016); 42 C.F.R. § 483.5
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Related Cases
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Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Termination; Resident Abuse; Improper Restraint; Misconduct; Policy Violation; Mitigation
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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 was employed by Respondent as a Licensed Practical Nurse at Lakin Hospital and had been so employed for seventeen years. Respondent terminated Grievant’s employment for resident abuse and violation of federal regulations. Respondent proved Grievant improperly restrained a resident and forced him to take medication, contributed to a resident’s fall, failed to asses or aid the resident after the fall, failed to report the fall, and attempted to conceal that a fall had occurred. Grievant failed to prove mitigation of the punishment is warranted. Accordingly, the grievance is denied.
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